The state government Environmental Protection Act 1994 includes controls for general nuisance emissions which apply to emissions such as spray drift, odour, dust and light. Brisbane City Council will enforce these controls if nuisance emission problems occur. If issues between neighbours cannot be resolved and further complaints are made, Council will investigate.
Action taken by Council
If the emission is found to be an unlawful environmental nuisance as detailed in the Environmental Protection Act 1994, Council may issue the person causing the emission with a Direction Notice. A Direction Notice will detail what offence has taken place and the time frame within which the offender must rectify the problem. If the Direction Notice is not complied with Council may issue an on-the-spot fine or prosecute. You can pay these fines online.
If there is a relevant development permit that contains a condition regarding the emission (e.g. spray drift, odour, dust, light), Council may take enforcement action under the Sustainable Planning Act 2009 to ensure compliance with the requirements of the condition. If a relevant development condition exists, Council is not able to enforce the requirements of the Environmental Protection Act 1994.
Complaints not handled by Council
Council may not be responsible for investigating emissions from state government properties or Environmentally Relevant Activities that are regulated by the state government.