Environmental Nuisances

Environmental nuisances can affect health, comfort and enjoyment of homes, workplaces and public spaces. 

We manage environmental nuisance issues in line with State legislation and local laws, aiming to balance individual activities with the wellbeing of the broader community. 

This page explains what an environmental nuisance is, common sources, when Council can take action, and how to lodge a complaint. 

What is an environmental nuisance?

An environmental nuisance is an unreasonable interference, or likely interference, with an environmental value caused by emissions such as: 

  • Noise 

  • Dust or particles 

  • Smoke 

  • Odour 

  • Light 

  • Aerosols or fumes 

An environmental nuisance can also include unhealthy, offensive or unsightly conditions caused by contamination. 

Environmental values include the amenity of a place, such as a home, that makes it suitable for people to sleep, study or relax.

These values can be affected by ongoing or excessive noise, dust, odour or light. 

Common sources of environmental nuisance

Noise from: 

  • Building and construction works 

  • Lawn mowers and power tools 

  • Refrigeration motors 

  • Air‑conditioners and swimming pool pumps 

  • Indoor venues 

  • Open‑air events 

  • Amplified sound devices 

Emissions from: 

  • Smoke from wood‑fired heaters 

  • Ash from burning 

  • Dust from construction or land clearing 

  • Odours from rubbish or compost piles 

  • Light from premises 

  • Emissions from various other activities 

What can Council do?

Council can investigate environmental nuisance complaints and may take action where a nuisance is confirmed. 

To determine whether an environmental nuisance exists, Council considers factors such as: 

  • Audibility, duration and frequency of noise 

  • Frequency and intensity of exposure to dust or particles 

  • Nature, strength and persistence of odours or emissions 

If an environmental nuisance is established, Council may: 

  • Issue directions requiring changes to activities 

  • Issue infringement notices 

  • Take enforcement action, including court proceedings where necessary 

Situations Council does not manage

Some nuisance complaints are managed by other authorities and must be reported directly to them. 

These include: 

  • Noise from parties, house alarms, domestic stereos, musical instruments, trail bikes or vehicles on private land contact the Queensland Police Service on 131 444 

Noise and emissions exemptions

Some activities are exempt from nuisance provisions, including: 

  • Audible traffic signals at traffic lights 

  • Certain residential cooking odours 

  • Animal noise (other than domestic animals) 

  • Regulated devices on State‑controlled roads or railways 

  • Certain activities carried out by or for educational facilities 

  • Noise or emissions conducted in accordance with an approved code of practice 

  • Activities authorised under an Environmental Protection Policy, Environmental Protection Order or Emergency Direction 

  • Emissions from environmentally relevant activities carried out under a development approval or environmental authority 

Lodging an environmental nuisance complaint

Council must receive a formal complaint before an environmental nuisance can be investigated. 

Please note: 

  • Frivolous or vexatious complaints will not be investigated 

  • Complainants must be willing to identify themselves 

  • Sufficient details of the alleged nuisance must be provided 

To lodge a complaint or request further information call (07) 4776 4600 or email council@hinchinbrook.qld.gov.au  

Further information about environmental nuisances, responsibilities and complaint processes is available in Council’s Nuisance Information Factsheet(PDF, 269KB). 

 

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