Environmental Nuisances and Pollution

Environmental Nuisances, including noise, dust, smoke, fumes, and light can have a negative impact on the community and individual’s quality of life. Our Environmental Health Officers are responsible for investigating and, if necessary, implementing enforcement action, for environmental nuisances under the Environment Protection Act 1994.

Complaints not investigated by Council:

If you are experiencing a nuisance caused by a neighbour, we recommend your first course of action be to try to resolve the problem through talking with them. If this is unsuccessful or not possible, contact the Environmental Health Unit.

  • Excessive noise can affect individual’s ability to sleep, work, or relax and ongoing exposure has been linked to hearing loss and increases in stress and anxiety. Whitsunday Regional Council regulates residential and commercial noise. The table below contains the noise level limits and time noise restrictions which are derived from the Environment Protection Act 1994 and Whitsunday Regional Council Subordinate Local Law No 3 (Community and Environmental Management) 2014. If these limits are exceeded, we may be able to take enforcement action.

    Noise Day Time Noise limit
    Building work Monday to Saturday 6:30p.m. to 6:30a.m. No audible noise permitted
    Sunday and public holidays Any time No audible noise permitted
    Regulated devices Monday to Saturday 7p.m. to 7a.m. No audible noise permitted
    Sunday and public holidays 7p.m. to 8 a.m. No audible noise permitted
    Pumps Every day 7a.m. to 7p.m. No more than 5 decibels (A) above the background level
    Every day 7p.m. to 10p.m. No more than 3 decibels (A) above the background level
    Every day 10p.m. to 7a.m. No audible noise permitted
    Air-conditioning equipment Every day Any time No more than 5 decibels (A)
    Refrigeration equipment Every day 7a.m. to 10p.m. No more than 5 decibels (A) above the background level
    Every day 10p.m. to 7a.m No more than 3 decibels (A) above the background level
    Indoor venues Every day 7a.m to 7p.m. No more than decibels (A) above the background level
    Every day 7p.m to midnight No more than 3 decibels (A) above the background level
    Every day Midnight to 7a.m. No audible noise permitted
    Open air events Every day 7a.m. to 10p.m. No more than 70 decibels (A)
    Every day 10p.m. to midnight No more than 10 decibels (A) above the background level or 50 decibels (A)
    Every day Midnight to 7a.m. No audible noise permitted
    Amplifier devices other than at indoor venue or open-air event Monday to Saturday 10p.m. to 7a.m. No audible noise permitted*
    Sunday and public holidays 6p.m. to 8a.m. No audible noise permitted*
    Operating power boat engine at premises Monday to Saturday 7p.m. to 7a.m. No audible noise permitted
    Sunday and Public holidays 6:30p.m to 8a.m. No audible noise permitted

    *If you are using your device at other times, you need to ensure the noise level is no more than 10 decibels (A) above the background level.

    How to lodge your complaint

    In order to determine whether a breach has occurred, you will need to provide a noise diary including:

    • your name, address, and phone number (we keep this information confidential)
    • details of noise, including:
    • Source address
    • Date and time it starts
    • Duration of the noise

    An Environmental Health Officer will consider the following criteria:

    • The source of emission
    • The emission characteristic or qualities
    • The emission’s amount or rate
    • The duration and time of the emission
    • Whether the noise is within the permitted noise level
    • Whether the emission is continuous or fluctuating
    • The emission’s impact on the receiving environment
    • If the source of the noise has taken or could take any measures to reduce the noise
    • Whether there is development approval with noise conditions
    • The order of occupancy between the person causing the noise and the affected person
    • The audibility of the noise
    • Whether the noise has vibration components

    Complaints not investigated by Council

  • Artificial light can be important for safety and security. However, light can cause a nuisance if excessive and not positioned correctly. If you are experiencing a light nuisance, an Environmental Health Officer can investigate to determine if the light breaches the Environment Protection Act 1994.

    How to lodge your complaint

    When investigating whether an emission is an Environmental Nuisance, you will need to provide a general environmental nuisance log including:

    • your name, address, and phone number (we keeps this information confidential)
    • details of emission, including:
    • Source address
    • Date and time it starts
    • Duration of the light

    An Environmental Health Officer will consider the following criteria:

    • The amount of light
    • The times when the light is present
    • The duration of the light
    • Whether the light is continuous or intermittent (e.g. Strobing, pulsing)
    • The impact the light has had or may have
    • Whether there have been any other complainants

    If unable to resolve the light nuisance by other means, an Environmental Health Officer may issue a direction notice. Failure to comply with a direction notice may result in a fine.

    Complaint not investigated by Council

  • Dust, smoke, odour and fumes can be annoying and sometimes cause eye, skin and lung irritation or headache.

    How to lodge your complaint

    When investigating whether an emission is an Environmental Nuisance, you will need to provide a general environmental nuisance diary including:

    • your name, address, and phone number (we keep this information confidential)
    • details of emission, including:
    • Source address
    • Date and time it starts
    • Duration of the emissions

    An Environmental Health Officer will consider the following criteria:

    • The source of emission
    • The emission characteristic or qualities
    • The emission’s amount or rate
    • The duration and time of the emission
    • Whether the emission is continuous or fluctuating
    • The emission’s impact on the receiving environment
    • If the source of the emissions has taken or could take any measures to reduce the emission

    If unable to resolve the nuisance by other means, an Environmental Health Officer may issue a direction notice. Failure to comply with a direction notice may result in a fine.

    Complaints not investigated by Council

  • Healthy waterways and coastal environments are important especially in the tourism, boating and marina industries. We have strict regulation of water pollution to protect and sustain our pristine environment. Unlawful deposit of prescribed water contaminants can pollute our waterways and coastal waters which has direct and indirect negative effect to water quality and the Great Barrier Reef. Preventing or avoiding water pollution will preserve and protect various aquatic animals and their significant habitats found in our coastal waters and the Great Barrier Reef.

    The Environmental Protection Act 1994 places legal responsibility upon all persons to ensure prescribed water contaminants are not released in waters, a roadside gutter or stormwater drainage, or to a place that could reasonably be expected to wash, blow, or move into waters, a roadside gutter or stormwater drainage.

    If you witness someone unlawfully depositing prescribed water contaminants, please report it to our Environmental Health Unit on 1300 972 753 or info@whitsundayrc.qld.gov.au.

  • Soil erosion and sediment on building sites can be a major source of sediment pollution in our waterways. A single building block can lose up to four truckloads of soil in one storm. Sediment washed from building sites into gutters and stormwater drains, can cause flooding and affects the water quality and fish stocks in our freshwater and marine environments.

    The Environmental Protection Act 1994 places legal responsibility upon all persons to ensure prescribed water contaminants are not released in waters, a roadside gutter or stormwater drainage, or to a place that could reasonably be expected to wash, blow, or move into waters, a roadside gutter, or stormwater drainage. Prescribed water contaminants include “earth” which the EP Act defines sand, soil, silt or mud.

    To preserve and protect our pristine environment, we require all building and development sites to have effective Erosion and Sediment Control (ESC). Effective onsite ESC provides many benefits:

    • All weather site access
    • Improved wet weather working conditions
    • Improved drainage and reduced site wetness
    • Less mud and dust problems
    • Reduced stockpile losses
    • Reduced clean-up costs
    • Reduced complaints relating to dust and stormwater pollution
    • Reduced risk of fines
    • Help to sustain good water quality

    If you are building a house, we recommend you have ESC plans approved by a Certified Professional in Erosion and Sediment Control (CPESC) or follow the steps on the ESC fact sheet developed by Council Environmental Health Unit.

    Fines may apply

    If you have contravened the EP Act and did not use the correct ESC, we can issue an on-the-spot fine of $2000.

    To know more about ESC or CPESC, visit International Erosion Control Association or contact our Environmental Health Unit on 1300 972 753 or info@whitsundayrc.qld.gov.au.