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How do the laws work?
The nuisance laws are complaint-driven, that means a complaint must be made before a problem will be investigated. Anonymous complaints won't be accepted, but complaints will be kept confidential. Once a complaint is made, it will be investigated and appropriate action taken.
Who investigates complaints?
Responsibility for investigating complaints is shared between local government and the EPA. Local government investigates complaints relating to residential property, such as noisy household air conditioners and pool pumps. The EPA is responsible for investigating complaints relating to non-residential, commerical and industrial property.
If you choose to lodge a complaint, call your local council or your local EPA office.
If you need advice, or copies of fact sheets or guildlines, call the EPA office on 1800 501 087 of email nuisance.reg@env.qld.gov.au
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Penalties
Investing officers have the power to issue warning notices, on the spot fines, or abatement notices.
A warning notice may be issued first, with information on the laws and how to comply with the requirements.
Fines can be issued for common noise offences, usually after a warning notice has been issued. The minimum fine is $150, and the maxium is $600 for corporations not complying with abatement notices.
Abatement notice can be issued for a number of offences relating to noise levels and emmissions for dust, ash , fumes, light, odour and smoke.
Abatement notices are issued to the person causing the nuisance and can require the person to stop their activities, or to reduce the nuisance to an acceptable level.
People issued with fines and abatement notices can appeal against the decision.
Specific conditions for nuisance laws
The following outlines the specific conditions for some of the issues covered by the nuisance laws.
BARKING DOGS (OR OTHER DOMESTIC ANIMALS NOISE)
7am - 10pm - No more than six minutes of noise in any hour
10pm - 7am - No more than three minutes of noise in any 30 minutes period.
SWIMMING POOLS AND SPA PUMPS
7am - 7pm - Noise no louder than 50 decibles
7pm - 10pm - No more than 5 decibles above background noise level
10pm - 7am - No audible noise permitted
REGULATED DEVICES
(INCLUDING POWER TOOLS & LAWN MOWERS)
Monday to Saturday
7am - 7pm - Regulated devices can be used
7pm - 7am No audible noise permitted
Sundays and Public Hoildays
8am - 7pm - Regulated devices can be used
7pm - 8am No audible noise permitted
BUILDING WORKS
6:30am - 6:30pm - (Monday to Saturday) - noise permitted
6:30pm - 6:30am - No audible noise permitted
Sundays & Public Holidays - No audible noise permitted
AIR-CONDITIONING EQUIPMENT
7am - 10pm - (anyday) - Noise no louder than 50 decibles
10pm - 7am - Either 40 decibles or 5 decibles above background noise level.
POWER BOATS AND JET SKIS ON LAND
Monday to Saturday
7am - 7pm - noise permitted (responsible behaviour encouraged)
7pm - 7am - No audible noise permitted
Sundays and Public Holidays
8am - 6:30pm - Noise permitted (responsible behaviour encouraged)
6:30pm - 8am - No audible noise permitted
POWER BOATS AND JET SKIS ON WATER (APPLIES TO POWER BOATS AND JET SKIS INVOLED IN POWER BOAT SPORTS)
Monday to Saturday
7am - 7pm - More than 75 decibels of noise for continuous periods of two minutes of longer not permitted
7pm - 7am - Audible noise not permitted for more tha two minutes
Sundays and Public Holidays
8am - 6:30pm - More than 75 decibles of noise for continuous periods of two minutes or longer permitted
6:30pm - 8am - Audible noise not permitted for more than two mintues.
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Dust, Smoke, Ash, Odours, Light and Fumes
Abatement notices can be issued for nuisance caused by dust, smoke, odours, light and fumes. The local government or EPA officer investigating th situation will decide whether or not to issue a notice based on the following criteria:
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time of release
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how long it lasts
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how often it happens
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the type of enviroment - for example, is the release of dust, odour, light or fumes taking place in a heavily populated residential area?
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the impact on the enviroment
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the views of the complaintants
If people do not comply with abatement notices, they can be fines $240 on-the-spot for individuals or $480 on-the-spot for companies or corporations.
Further Information
For more information, call your local council, or your local EPA office
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To report a residential problem, call your local council.
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To report a non-residential problem, call your local EPA Office.
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