Environmental Nuisance Laws
Everyone has a responsibility not to cause an environmental nuisance. An environmental nuisance is defined in section 15 of the Environmental Protection Act 1994 (the Act) as unreasonable interference or likely interference with an environmental value caused by:
- aerosols, fumes, light, noise, odour, particles or smoke; or
- an unhealthy, offensive or unsightly condition because of contamination; or
- another way prescribed by regulation.
An environmental value can be :
- clean air free of excessive amounts of fumes or airborne particulates
- ambient acoustic levels
- ambient lighting levels
- an environment free of offensive odours
- an environment free of pollution types of contamination.
It is an offence under the Act to cause environmental nuisance and you can be issued with an on-the-spot fine.
Prior to lodging a complaint or concern about environmental nuisance you must ensure that the nuisance constitutes “unreasonable interference” with an environmental value.
Local laws, fires and smoke
Under our Subordinate Local Law 3 (Community and Environmental Management) 2011 it is an offence to light a fire within 100m of a residential property unless the fire has a bona fide use for cooking or heating purposes, and that all reasonable and practical measures have been taken to minimise smoke. Breaches may result in an on-the-spot fine.