Health and nuisance complaints

What is a nuisance?

There are times when one person's enjoyment of their property is decreased because of another person’s use and enjoyment of a neighbouring property.

This disruption could be caused by activities which create noise, odour or emissions.

Some of these nuisances can become dangerous to health or offensive, and may be an offence under the Public Health and Wellbeing Act 2008 ("the Act").

When does a nuisance become an offence?

The offence of nuisance applies to nuisances that are, or are liable to be, dangerous to health or offensive.

“Offensive” means noxious, annoying or injurious to personal comfort.

“Nuisances” may arise from or be caused by:

• any building or structure
• any land, water or land covered by water
• any animal, bird or pest animal within the meaning of the Act
• any refuse
• any noise or emission
• any state, condition or activity or other matter or thing.

In determining whether a state, condition or activity is a nuisance or is liable to be, dangerous to health or offensive (in accordance with the Act):

• regard may be had to the degree of offensiveness of the state, condition or activity; but
• regard must not be had to the number of persons affected or that may be affected by the state, condition or activity.

What can be done about a nuisance?

Contact the person causing the alleged nuisance

Many complaints may easily be solved by approaching the owner/occupier in a friendly, neighbourly manner and discussing your concerns with them.

In most cases a solution can be found between neighbours and genuine efforts to resolve concerns should occur prior to lodging a complaint with Loddon Shire Council.

The following points need to be considered:

• the owner/occupier may not realise that the activity is causing an annoyance to other people
• the problem may only occur when the owner/occupier is not home
• the owner/occupier may not hear/smell the problem from various areas within their house.

Lodge a nuisance complaint with Council

If a person believes that a nuisance exists, that person may notify the relevant council where the nuisance is occurring.

In notifying Council you must:

• provide your name, address and contact details (anonymous nuisance complaints cannot be investigated)
• provide the details of the complaint including the frequency and time that the alleged nuisance is occurring
• provide details of previous communications between the parties/details of the attempts made to resolve the matter amicably
• be prepared to collect additional information to assist in the investigation of the nuisance
• be prepared to act as a witness in any legal proceedings that may arise from your complaint.

Loddon Shire Council will investigate any notice of a nuisance in accordance with the Act.

If, upon investigation, a nuisance is found to exist, Council will:

• take action to abate the nuisance; or
• if Council is of the opinion that the matter is better settled privately, advise the person that notified of the nuisance of available methods for settlement; (in accordance with the Act).

If you are concerned about a nuisance, it is recommended that you approach the person causing the nuisance in the first instance and attempt to resolve concerns amicably.

Any complaints received by Council are treated in strict confidence.

Council's powers of entry and inspection

The Act gives Council's "authorised officer” the power to enter and inspect premises for the purposes of examining the existence of a nuisance, investigate contraventions of the Act and “generally enforcing the provisions of the Act”.

Notice to abate nuisance

If Council is satisfied that a nuisance exists, it may serve an improvement notice or prohibition notice on the person who is causing the nuisance (or, if that person cannot be found, the owner or occupier of the relevant land); (in accordance with the Act).

The Notice may specify steps to be taken to prevent the recurrence of the nuisance and the time within which these steps are to be taken.

If the person fails to comply with the Notice or if the nuisance is likely to recur, Council may summon the person to appear before the Magistrates' Court, which may order the person to comply with the Notice or carry out works to prevent the recurrence of the nuisance.

How do I make a nuisance complaint?

Contact Loddon Shire Council in writing, either by mail to PO Box 21 Wedderburn VIC 3518 or email to loddon@loddon.vic.gov.au remembering to supply all details as specified above.