Local Nuisance and Litter Control Act
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.
As this legislation is still relatively new to both our community and to Council, it is important that in the first instance your concerns are discussed with the source of the nuisance (i.e. neighbour). Often just making the other party aware that the activity is causing a nuisance encourages them to address the issue.
Please refer to the EPA website for further information on whether your complaint is a local nuisance and who the relevant authority is.
Speak to the person
Try and discuss your concerns with the people (e.g. neighbours) causing the nuisance as they may not even be aware of the effect they are having on others. A quick conversation with your neighbour is often the quickest and most effective way to find a solution. Be patient, it may take them a few days to find a solution.
Reporting a nuisance
If the above measures have bought no resolution and the nuisance is still occurring, you can lodge a written complaint using the Local Nuisance complaint form with the Rural City of Murray Bridge and either emailing this in to email@example.com or dropping it into our office. We may also ask you to complete a nuisance diary to support your complaint. As part of our investigation, we will consider the following:
- does the Local Nuisance adversely affect the amenity of the area and reduce the ability of people to enjoy the indoor and outdoor environment?
- is the Local Nuisance unreasonable in the context of the local area/environment?
Council will undertake an assessment to determine if it meets the definition and whether they are the right authority to deal with it.
Reporting a nuisance after hours
To report a nuisance outside of Monday to Friday 8:30 am to 4:30 pm, please contact SA Police on 131 444 if the matter is urgent.
Alternatively, please contact Council during business hours to report the nuisance.
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 24/7 or email firstname.lastname@example.org
For more information, please review the factsheet below or contact Council.
If and activity you are proposing to undertake in the Council area may generate a local nuisance (e.g. smoke/noise/dust/odour) under the Act, you may apply to Council for an exemption, which may be granted in situations where exceptional circumstances exist.
An application for an exemption must:
- be made to council in writing via our application form which includes all information which is required by regulation
- be made at least six (6) weeks prior to the activity or event
Note: for applications relating to extreme weather, a shorter time frame has been fixed of five (5) calendar days.
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 will be published below.