Dust

Dust can not only be a nuisance to neighbours, and if severe enough can also cause damage to property and affect people's health.

Any person carrying out activities that generates dust have a responsibility to manage and contain that dust.

It is an offence under the Environmental Protection Act 1994 to cause a dust nuisance. Council enforces this legislation and following a complaint, can take the appropriate action required as determined necessary in the circumstances.

What you can do to reduce dust emissions

Ways you can reduce dust emissions include:

• Plan the work required -
  • Stage the work to reduce the area of open ground at any given time
  • Consider weather conditions before starting work
  • Retain vegetation - even low or small amounts of plants can significantly lower wind speed and reduce the amount of dust leaving a site
  • Have a conversation with your neighbours about the times work will be carried out and your expectations of the impacts so that can also make arrangements.
• Erect a dust fence
• Apply water to open ground where Workplace Health and Safety allows
• Use products such as hydromulch for large areas

Council's role and what we do

Council’s role is to regulate conditions of a development permit and to apply the Nuisance provisions under the Environmental Protection Act 1994 (“the Act”).  If  you believe that you are experiencing a Nuisance level of dust, you may request Council undertake an assessment.

When investigating a dust complaint, Council considers the:

• Amount of dust being emitted
• Duration and rate of emission
• The dust's characteristics and qualities
• Any mitigation that could reasonably be taken by the alleged emitter
• Sensitivity of the environment into which the dust is being emitted and the potential impacts.

About the Nuisance provisions in the Environmental Protection Act

Nuisance is exempt under the Act where development or lawful activities are carried out under a development permit. The development permit may however set out conditions that define what mitigation measures are required and/or restrict certain emissions.

Environmental Nuisance is defined under the Act as unreasonable interference or likely interference with an environmental value. An environmental value is a quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety.

Penalties

If, after investigating a complaint, Council is able to establish an offence has occurred, we have a number of compliance options available including:

• Education
• Issuing a Direction Notice to the offender to require the offence to cease
• Issuing an on-the-spot fine
• Prosecuting the offender in court

Reporting a dust issue

You can report excessive dust online through our Online Self Service Portal (choose Other Council Matters) or on by ringing Council on 1300 69 22 47.