Environmental Nuisances and Pollution

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.

*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

• Noise from parties, music, people and off-road vehicles (e.g trail bikes on private land) are regulated by the Queensland Police Service
• Noise from on-road vehicles regulated by the Department of Transport and Main Roads
• Noise from liquor licensed premises; including nightclubs and bars. Contact the Office of Liquor and Gaming Regulation
• Noise from aircrafts regulated by the Air Services Australia
• Noise from operating a ship regulated by the Department of Transport and Main Roads
• Environmental nuisance excluded from the Environmental Protection Act 1994

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

• Light emissions from freeways and highways regulated by the Department of Transport and Main Roads

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

• Bushfire smoke regulated by the Queensland Fire and Rescue Services
• Tobacco or Cigarette smoke regulated by the Queensland Health
• Smoky vehicle regulated by the Department of Transport and Main Roads
• A cooking odour from cooking carried out on land which a class 1, 2 or 3 building under the Building Code of Australia is constructed.

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.