The Local Nuisance and Litter Control Act 2016 (the Act) has now come into effect as of 1 July 2017. The Act was developed to support and enhance local amenity values by making specified matters such as noise and odour a local nuisance.
This is new legislation to Council and to the community; therefore in the first instance a person should try and discuss concerns with the people (e.g. neighbours) from where the nuisance is emanating from, as they may not be aware that they are causing a nuisance. Concerns should be raised and discussed, and suggestions provided to resolve problems - simple solutions can often be found that satisfy everyone.
Generally, Council will become involved if an issue within the community (e.g. between neighbours) cannot be resolved. Council will then try to work with the person causing the alleged nuisance to try and resolve the matter.
What is a ‘local nuisance’?
Local nuisance is described in the Act as being any adverse impact on the amenity value of an area, which unreasonably interferes with, or is likely to unreasonably interfere with, the enjoyment of that area by people in that area.
Some examples of activities that may be considered a local nuisance include:
Local nuisance within the community can also be caused by:
What’s not a local nuisance?
The Act specifies what can constitute a local nuisance and anything outside of this, Council can’t deal with, here are a few examples:
- People noise including music and voices from domestic premises – SAPOL investigate such complaints tel: 131 444
- Any activity from liquor licensed premises – Liquor Licensing Authority investigate such complaints tel: 131 882
- Noise from vehicles (other than vehicles operating within, or entering or leaving, business premises) SAPOL- tel: 131 444
- Activities controlled by an Environment Protection Authority SA licence – EPA tel: 8204 2004
What are a person's obligations with regard to local nuisance?
A person’s activities should not unreasonably interfere with the well-being or enjoyment of an area by others. This includes not only the indoor and outdoor spaces of a person’s own property but public and community areas such as parks, other places of public recreation, and commercial precincts.
The community should all be mindful of the degree of potential local nuisance that can be generated by things such as unwarranted smoke, excessive noise, nuisance dust or unkempt properties and always seek to minimise such impacts as much as possible. Discussing any concerns with your neighbour/person causing the alleged nuisance may be all that is needed, but if further advice is required or you wish to lodge a complaint Council can be contacted on 8635 2107.
Exemptions
Council can grant an exemption from local nuisance-causing activities upon application. Exemptions may be reasonable for short-term activities - such as festivals, events or major construction activities - where some level of noise, dust, odour or other local nuisance is likely to be unavoidable.
Applications must, however, be accompanied by a nuisance management plan describing the steps that will be taken to prevent, minimise or address any adverse effects on the amenity value of the area concerned and also describing the exceptional circumstances that exist to justify the granting of an exemption.
Local Nuisance Factsheet - Management Plan
Application for Section 18 exemption
What to do when the disturbance becomes a problem:
Speak to the person
A friendly chat or cup of tea is often the most effective way to find a solution as often people aren’t aware of the effect they are having on others. Try and discuss your concerns with the people (such as neighbours, workmen) causing the nuisance and be patient, as sometimes it may take them a few days to find a solution.
Reporting a nuisance
If the above measures have bought no resolution, contact us during officer hours with as much information as possible. As part of our investigation, we will consider the following:
- does the Local Nuisance adversely affect the amenity of the area
- reduce the ability of people to enjoy the indoor and outdoor environment?
- is the nuisance unreasonable in the context of the local area/environment?
Reporting a nuisance after hours
To report a nuisance outside of business hours, please contact SA Police on 131 444 if the matter is urgent. Otherwise wait until the next business day and contact council.
If the nuisance is serious
If the nuisance has the potential for serious or material environmental harm you should contact the Environment Protection Authority (EPA) directly on 8204 2004.
If you would like any more information, or to make a complaint, please contact us by phone on (08) 8635 2107 or via email at barunga@barungawest.sa.gov.au