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Local Nuisance

The Local Nuisance and Litter Control Act 2016 (the Act) came into effect as of 1 July 2017. The Act formalises the role of Local Government in managing local nuisance issues to provide consistency of services in relation to littering and activities that cause nuisance at a local level, such as noise, smoke, odour and dust. 

The legislation is new both to our community and to Council, therefore in the first instance discussing concerns with source of the nuisance (ie neighbour) is encouraged as they may not be aware. 

Council will try to work with the person causing the alleged nuisance to try and resolve the matter.  Often just making the other party aware that the activity is causing a nuisance encourages them to address the issue.

Notice of Current Exemptions - Section 19 Local Nuisance and Litter Control Act 2016

The Act allows Councils to consider the granting of an exemption from local nuisance-causing activities upon application. Councils can apply strict conditions to ensure that an applicant does everything reasonable to minimise the impact of the nuisance. When an exemption applies, it is published below.
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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:

  • Noise
  • Odour
  • Smoke
  • Dust
  • Vibration

Local nuisance within the community can also be caused by:

  • Insanitary conditions such as filthy or neglected premises and
  • Unsightly conditions

What is not a local nuisance?

The Act specifies what can constitute a local nuisance and can therefore be investigated by Council.  Council does not have authority to address other nuisance activities not covered in the act, for example:

  • People noise including music and voices from domestic premises should be referred to SAPOL tel: 131 444
  • Activities involving liquor licensed premises can be referred to the Liquor Licensing Authority tel: 131 882
  • Noise from vehicles (other than vehicles operating within, or entering or leaving business premises)
  • Activities controlled by an Environment Protection Authority SA licence are managed by the EPA tel: 8204 2004
  • Noise or other nuisance from animals living in their natural habitat
  • Noise or other nuisance from sporting or associated activities at sporting venues
  • Noise associated with a school, kindergarten, child care centre or place of worship

What are my 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 indoor and outdoor spaces of private property, as well as public areas such as parks and other places of public recreation.

It’s important to be mindful of the degree of nuisance that can be generated by things such as excessive smoke, noise, dust or unsightly properties.  Discussing any concerns with your neighbour or the person causing the alleged nuisance may be all that is needed, but if further advice is required or you wish to lodge a complaint, please contact Council.

Who to call for help?

Community Safety 
Phone: (08) 8408 1198

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