Aerosols, Fumes, Dust or Smoke Nuisance

Aerosols, fumes, particles and smoke can cause a nuisance to residents and interfere with their normal daily activities. If severe enough, it can negatively affect a person's health and well being. Aerosols, fumes, particles and smoke can come from numerous sources at a residential premise including aerosols from paint cans and other fine mists, fumes from petrol or diesel, dust from construction works and smoke or ash from burning off wastes. Smoke and fumes emitted from cooking are exempt from the nuisance legislation.

Smoke Nuisance Information Sheet
Dirt and Dust Nuisance Information Sheet

Council does not regulate aerosols, fumes, particles (including dust) or smoke nuisance complaints relating to:

  1. Non-devolved ERA's administered by the Department of Environment and Science.
  2. State or Local Government activities administered by the Department of Environment and Science.
  3. Smoke produced by bushfires or Queensland Fire & Emergency Services activities.

What Council will do

To respond to a complaint Council will require your name and contact details, an address for the location of the alleged nuisance, and detailed information on the nature of the nuisance.

Council will assess the nature of the complaint to decide the course of action.

When a compliant is received, Council may contact both parties to inform them of the relevant provisions of the legislation and provide information on the relevant nuisance in an attempt to resolve the issue. The complainant's identity will remain confidential in any correspondence from Council.

If the nuisance persists, it is expected that you both take some steps to resolve the issue before involving Council again. Talking with your neighbours about your concerns is the best way to resolve any recurring issues.

If further nuisance complaints are received, Council may undertake an investigation. The investigation includes consideration of the time of nuisance, how long the nuisance lasts, the environmental values of the area, the impact on the environment and the views of the complainants, the respondents and neighbours.

For more information click on related links and documents or contact Council's Customer Service Centre on 07 4932 9000 or 1300 22 55 77.