Complaints - general

What is a nuisance?

A private nuisance is where someone gets in the way of your use or enjoyment of your land or any rights you have linked to the land. Private nuisance can include overhanging tree branches, water run off from the neighbouring property, fires and smoke, air and noise pollution. Sometimes local council laws or state laws allow the police or government inspectors to investigate nuisance complaints. You should get legal advice if you have any concerns.

How can I solve problems with my neigbours?

If you have a problem with neighbours, it is best to try and sort it out with them first before complaining to any official body like the police or local council. Think about the best way to raise an issue with your neighbour - try and be constructive with some options about how the problem can be solved rather than just stating the problem, blaming them for it and demanding it be fixed. Sometimes you might want to write to them setting out the problem, but often it is best just to talk to them first. Neighbourhood problems can generate a lot of emotion, so try and remain calm. If you can't sort it out directly, you can try mediation through Dispute Resolution Centres.

Noise

How can I complain about noise or air pollution?

The law about noise covers a range of activities and the level of noise allowed for that activity. Different laws and various organisations such as the Environmental Protection Agency and your local council cover various matters including:

• building works
• lawn mowers
• power tools
• indoor venues and open-air events
• air-conditioners
• swimming pool and spa pumps
• barking dogs and other animal noise.

The laws also cover the unreasonable release of various emissions causing air pollution including:

• smoke from wood fired heaters
• dust from construction or clearing
• light from lighting of premises
• ash from burning
• odour from rubbish/compost piles, and
• numerous other activities.

Who can I complain to about noise or air pollution?

Responsibility for investigating complaints will be shared between a number of agencies, including Queensland Police and your local council. If you think that the source of the pollution is caused by a state or local government entity, complain to the Department of Environment and Resource Management (DERM).

Is there any noise that is exempt by law?

Exemptions apply to audible traffic lights, education facilities (in some cases), road works, infrastructure maintenance, noise from aircraft.

Who can I complain to about noisy parties, noisy licensed premises or noisy cars?

If you have a complaint about noise from music, parties, and vehicles (off-road), you will need to call the police.

If the noise is from a motor vehicle (on road), you will need to call Queensland Transport with this complaint.

If the noise is from licensed premises including nightclubs, you will need to contact the Queensland Government's Office of Liquor, Gaming and Racing.

Noise from audible traffic lights, education services, road works, and aircraft is permitted within certain levels.

What can I do about a noisy dog in my neighbourhood?

Noise from barking dogs can be a nuisance and you can make a complaint to your local council about this problem.

The law says that if a domestic animal (usually a dog) barks excessively a notice to the owner (called an abatement notice) can be given to the dog's owner.

You should try talking to the person who owns the dog first, to make sure that they are aware of the problem and to see if they are willing to take action to stop the dog barking.  If this does not work you can complain to your local council and they will investigate and if necessary issue an abatement notice to the dog owner.

If a dog owner does not comply with the abatement notice, fines can be given to the owner.

Water

Am I responsible for damage caused by water flow onto my neighbour's property?

If you own the property or live on the property and cause water to flow onto your neighbour's property, you may be responsible for the damage caused. If water naturally flows that way and you have not done anything to cause the problem, you may not be responsible. This is a complex area and you should get legal advice.

Smells

What can I do about smells coming from neighbouring land?

Smells (for example from chemicals, rubbish or waste) coming from your neighbour's land may be considered a legal nuisance. Different laws may apply and you should get legal advice.

Fire

Can I light a fire on my own land?

You must obtain a permit from the Queensland Fire and Rescue Service to light fires on your land.

If you light a fire on your land without a permit, you may breaking the law and could face a penalty.

How do I complain to my local council?

Local councils make laws about local issues which affect people living in their community, like rates, garbage collection and sewerage.

If your complaint is about a council matter you can complain directly to someone from the council. Either telephone the council or visit the main council office (or chambers). Larger councils might have a councillor for different suburbs, and you can visit their office or make an appointment to see them. The white pages will have contact details for your council.