Noise and Local Nuisance
Noise and other local nuisances can disrupt your enjoyment of our District.
The Local Nuisance and Litter Control Act 2016 (here known as the Act) came into effect on 1 July 2017.
What is a local nuisance?
Under the Act, a local nuisance is described as "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."
It may include noise, odour, smoke, fumes, dust, vibration, or insanitary or unsightly conditions.
- Noise Noise
- Smoke Smoke
- Odour Odour
- Dust Dust
- Littering Littering
- Dealing with a local nuisance Dealing with a local nuisance
Local noise nuisance can originate from a number of different residential, commercial or industrial sources such as:
- construction activities
- demolition and concrete pours
- air conditioning units
- pool pumps and spas
- events and festivals
- power tools and other machinery like mowers, leaf blowers, compressors, impacting tools, mulchers
- rubbish collection
- street and vegetation maintenance
Reduce the impact of noise
- Use noisy appliances as far as possible from neighbouring premises.
- Communicate noise activity and duration with neighbours.
- Power tool use is allowed within 8am and 8pm Monday to Saturday, and within 9am and 8pm any Sunday or public holiday.
- Street maintenance and rubbish collection is limited to 7am to 7pm Monday to Saturday and 9am to 7pm any Sunday or public holiday.
- Construction noise is limited to 7am to 7pm Monday to Saturdays.
- In all cases, we take several factors into account, like the level, nature or extent of the noise. This can include volume, pitch, vibrational frequency, prevalence or frequency of occurrence.
These elements can constitute unreasonable interference of persons occupying neighbouring premises.
Exemptions to the local nuisance laws includes (but is not limited to) noise from:
- Fireworks displays
- Sporting activities at a sporting facility
- Public infrastructure works
- Music and voices at domestic premises (Call SAPOL 131 444)
- Barking dogs
- Vehicles, aircraft and railways
- Licensed premises under the Liquor Licensing Act 1997 (Call Liquor Licensing Authority 131 882)
- Normal activities undertaken at a school, kindergarten or place of worship
If a nuisance is emanating from an industrial premises, it may be a site that is licensed by the Environment Protection Authority (EPA) and therefore not within the council’s jurisdiction. These matters can be referred directly to the EPA. Visit www.epa.sa.gov.au for information.
LGA Factsheet 11 - Nuisance (Noise)
Application for exemption
For events or activities using amplified sound outside the allowed times, applications for exemptions may be considered in exceptional circumstances. To apply for an exemption, please complete the request for exemption form.
There are timeframes that need to be adhered to when submitting an application. These include:
- 2 weeks prior to the commencement of the activity where the activity is to take place over a period not exceeding 24 hours; or
- 4 weeks prior to the commencement of an activity where the activity is to take place over a period of 24 hours or longer
Excess smoke can increase the levels of air pollution and lead to poor air quality.
Smoke disturbance can include:
- wood heaters
- backyard burning
- combustion heaters
- extraction units
For more information visit our smoke from domestic heating page.
Odour disturbance can come from:
- poor waste management or dirty bins
- compost heaps or food scraps
Reducing odour disturbance
- Manage your waste properly.
- Learn about composting and mulching to avoid odours.
- Ensure bins are put out each week.
- Clean bins regularly.
- Maintain proper storage of paints or chemicals.
Dust disturbance can include:
- construction
- demolition
- landscaping
- land clearing
Reducing dust disturbance
- Be mindful of weather conditions (e.g. schedule works when there is low wind).
- Construct barriers to contain excess dust.
- In dry conditions, use water to contain dust on topsoil.
Litter is any object disposed of by a person, either onto land or into any waters whether by a pedestrian, from a vehicle, or from a premises. Disposing of litter also means discarding litter or allowing litter to be blown from, or to fall from a premises or vehicle.
The Local Nuisance & Litter Control Act 2016 introduces specific classes for certain types of litter. These are:
General litter
Any solid or liquid domestic or commercial waste including, but not limited to, chewing gum, cigarettes or cigarette butts, food, beverage containers, packaging, furniture, green waste, personal items such as clothing and footwear, demolition material, building or construction material, vehicles or vehicle parts, farm or agricultural machinery or equipment, dead or diseased animals.
Class A hazardous litter
Asbestos or things containing asbestos, any combination of class A hazardous litter and general litter.
Class B hazardous litter
Live cigarettes or cigarette butts, used syringes, glass, any combination of class B hazardous litter and general litter.
People found illegally disposing of litter can be:
- issued with an on the spot fine (from $210)
- taken to court and fined (penalties range from $5,000 to $250,000)
- illegal disposal of asbestos ($120,000 for individuals disposing of asbestos)
How can I report littering?
If you see litter, or if you see someone, or suspect something in relation to littering, report it to Council. Complaints can be made by phoning (08) 8391 7200 or email council@mountbarker.sa.gov.au
Illegal dumping
Visit the illegal dumping page to find out more.
Local nuisances caused by noise, odours, smoke, fumes, dust, insanitary or unsightly conditions may have an impact on the amenity of local areas. The Local Nuisance and Litter Control Act 2016 has provisions to assist communities to report and resolve issues through council.
Residents may experience minor nuisances from time to time. If possible it is recommended that you first calmly approach the person who is causing the nuisance to raise the issue to see if a resolution can be reached.
Please note that minor or once off occurrences will not be investigated.
If a local nuisance issue persists we recommend that you monitor the issue for 2 weeks and keep a record by filling in an incident diary. Once you have completed the incident diary you may then consider submitting a Nuisance Impact Statement detailing the activity and its impact on you.
The information that you provide in your Nuisance Impact Statement will be referred on to an authorised officer who will assist you with the issue.