The Local Nuisance and Litter Control Act 2016 (the Act) is new legislation that came into effect as of 1 July 2017. The Act was developed to support and enhance local amenity values by making specified matters such as noise and odour a local nuisance.  This is new legislation to Council and to the community; therefore in the first instance a person should try and discuss concerns with the people (e.g. neighbours) from where the nuisance is emanating from, as they may not be aware that they are causing a nuisance. Concerns should be raised and discussed, and suggestions provided to resolve problems – simple solutions can often be found that satisfy everyone.  Generally, Council will become involved if an issue within the community (e.g. between neighbours) cannot be resolved. Council will then try to work with the person causing the alleged nuisance to try and resolve the matter.

What is a local nuisance?  Local nuisance is described in the Act as being 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.  A person’s activities should not unreasonably interfere with the well-being or enjoyment of an area by others. This includes not only the indoor and outdoor spaces of a person’s own property but public and community areas such as parks, other places of public recreation, and commercial precincts.

Some general information about this new legislation is contained in the following Information Sheets

IS178 Local Nuisance & Litter Control Vehicle Owner Liability

IS196 Local Nuisance & Litter Control Cost Recovery Processes

IS179 Local Nuisance & Litter Control Continuing Offences

IS180 Local Nuisance & Litter Control Defence of Due Diligence

IS181 Local Nuisance & Litter Control Abatement Notices

IS182 Local Nuisance & Litter Control Civil Remedies

IS183 Local Nuisance and Litter Control Civil Penalties

 

The Act also has a focus on effectively dealing with litter and illegal dumping across South Australia.  The following information sheets relate to new litter controls.

IS184 Local Nuisance & Litter Control Litter

IS185 Public Litter Reporting

IS186 Local Nuisance & Litter Control Bill Posting

IS187 Local Nuisance and Litter Control Abandoned Shopping Trolleys

 

Local Councils are now responsible for managing local nuisances in their area. The Act was developed to support and enhance local amenity values by strengthening local nuisance and litter management services with local communities.  A local nuisance is described in the Act as being 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.

There are some local nuisance Information Sheets contained below.

IS188 Local Nuisance & Litter Control Local Nuisance

IS189 Local Nuisance & Litter Control Unsightly Conditions

IS190 Local Nuisance & Litter Control Nuisance ( Dust )

IS191 Local Nuisance & Litter Control Nuisance ( Odours )

IS192 Local Nuisance & Litter Control Nuisance ( Noise )

IS193 Local Nuisance & Litter Control Nuisance ( Smoke )

IS194 Local Nuisance & Litter Control Nuisance Management Plans

IS195 Local Nuisance & Litter Control Insanitary Conditions

What is not a local nuisance?

The Act specifies what can constitute a local nuisance and anything outside of this, Council can’t deal with, here are a few examples:

People noise including music and voices from domestic premises – SAPOL investigate such complaints tel: 131 444
Any activity from liquor licensed premises – Liquor Licensing Authority investigate such complaints tel: 131 882
Noise from vehicles (other than vehicles operating within, or entering or leaving, business premises)
Activities controlled by an Environment Protection Authority SA licence – EPA tel: 8204 2004
The community should all be mindful of the degree of potential local nuisance that can be generated by things such as unwarranted smoke, excessive noise, nuisance dust or unkempt properties and always seek to minimise such impacts as much as possible. Discussing any concerns with your neighbour/person causing the alleged nuisance may be all that is needed, but if further advice is required or you wish to lodge a complaint Council can be contacted on 88320000.