District Council of

Loxton Waikerie

Local & Environmental Nuisance

 

Frequently Asked Questions

FAQ

Response

Noise

What are the regulations for Trail/motorbikes?

Noise from Trail or motor bikes, is handled by the Police under Section 25 of the Environment Protection Act, General environmental duty

Refer to SAPOL 131 444

I would like to complain about blasting or explosives noise.

Noise (or other nuisance) from blasting operations carried out as part of a mining operation within the meaning of the Mines and Works Inspection Act 1920 or the Mining Act 1971 is regulated by the Department of State Development.

Refer to DSD

 

Noise from other activities involving explosives in South Australia are regulated under the South Australian Explosives Act 1936, which is administered by Safework SA and can be contacted on 1300 365 255.

 

 

I would like to complaint about train noise

This is an activity that has an EPA authorisation.  The EPA is currently working with the AUSTRALIAN RAIL TRACK CORPORATION and rail operators in the state to in developing approaches to reduce train noise. If you wish to find out information about the owner or operator of a particular train please call: For freight trains AUSTRALIAN RAIL TRACK CORPORATION LTD Off Sir Donald Bradman Drv Mile End 5031   08 8217 4366  For commuter trains or trams: TRANSPORT SA on 1300 360 067

I would like to complain about the noise from birds in my area

Noise from birds congregating in their own habitat is a matter for DEWNR. There is little that can be done unless the birds are being encouraged to congregate because they are being fed at that location. If this is the case, refer to council compliance officer.

I would like to complain about people generated noise (loud parties, loud music, band practice, loud voices)

If the noise from a domestic premises: 

Noise that principally consists of music or voices or both from a domestic premises should be assessed by an attending Police Officer. Refer to SAPOL 131444.

I would like to complain about road traffic and vehicle noise

If the noise is from an individual vehicle being used by a neighbour, firstly discuss it with the neighbour to try and reach a resolution. If unsuccessful contact your local Police station. If noise is from the general traffic flowing along the road or from heavy vehicles using the road contact Transport SA on 1300 799 955

I would like to complaint about fireworks

Fireworks are regulated by Safework SA: For more information Telephone 1300 365 255 Or visit www.eric.sa.gov.au. For Police attendance telephone 131 444

I would like to complain about noise from a school

For all complaints the Education Department requests that you discuss the matter with the school principal in the first instance. If this is not successful you may contact the Education Dept on 1800 088 158 or 8226 1000 or email decscustomers@sa.gov.au.

Who can I speak to about a noise from aeroplanes or helicopters?

All noise complaints regarding aeroplanes or helicopters are to be directed to:   AIR Services  Australia Ph: 1300 302 240     (National number)

Sporting facilities

The local sporting facility is noisy and causing a nuisance

Noise from sporting facilities does not constitute a local nuisance under the Local Nuisance and Litter Control Act 2016. Advice is to contact SAPOL for unruly behaviour or noisy patrons.

Refer SAPOL 131 444

Litter from sporting facilities

Litter from sporting facilities can be managed under the Local Nuisance and Litter Control Act,

Refer to council compliance officer.

Miscellaneous

The source of the nuisance is in my neighbouring council, which council do I call?

Call the council where the nuisance/offence is occurring. Councils can work together to address nuisance issues that affect both council areas if this is the case.

I would like to complain about pigeons (or other animals) causing a nuisance in my area

Whilst native animals congregating in their natural habitat is not considered a nuisance under the Local nuisance and Litter Control Act, pigeons and other animals that are causing a nuisance on buildings and/or are being encouraged to congregate by feeding is considered a local nuisance.

Refer to compliance officer.

The property next to me is derelict, unsightly, poorly maintained – what can I do?

Unsightly conditions can be addressed using the Local Nuisance and Litter Control Act 2016. Refer to council compliance officer.

Smoke, Fire and Burning

When and what can I burn in the open?

In some cases burning is not allowed without a permit from Local Council

 

Inside Metropolitan and Adelaide townships

Preparation of food or beverage – no permit required

Use of a brazier, chimnea, fire pit for heating outdoor area – no permit but only charcoal is allowed

Disposal of agricultural and forestry waste – by individual permit or general notice

Burning off for bushfire hazard reduction – by individual permit or general notice

 NB – written consent or general notice is issued by the council (or in some cases the EPA)

Outside metropolitan townships

Preparation of food or beverage – no permit required

Use of a brazier, chimnea, fire pit for heating outdoor area – no permit required, charcoal or dry timber allowed.

Recreational purposes – no permit required (eg camping, scouting and outdoor activities)

Disposal of agricultural and forestry waste – no permit required but burning must be in accordance with the CFS Code of Practice for Broad Acre Burning 2015

Burning off for bushfire hazard reduction – no permit required but burning must be in accordance with the CFS Code of Practice for Broad Acre Burning 2015

 NB – written consent or general notice is issued by the council (or in some cases the EPA)

 

Why do I need a permit to burn in the open?

While activities such as burn offs are necessary and recreational fires for cooking and comfort are desirable, smoke form these activities can impact on human health and the environment can also cause nuisance. Wood smoke contributes to poor air quality. The controls on burning in the open aim to minimise the impacts on human health and the quality of the air in South Australia.

What is the fine if I am caught burning without a permit when one is required?

If you burn without a permit when one is required, you may be fined by Council compliance staff or the Police, $300, under section 34 of the Environment Protection Act 1993.

How do I obtain a permit?

Councils are responsible for issuing permits.

Contact Council

Litter

What is the web address for Dob in a litterer?

www.dobinalitterer.sa.gov.au

 

If you have a link on your own council website, advise caller of this.

 

How much does the Dob in a litterer app cost?

The app is available for free from the iTunes store or the Google Play Store.

Search for ‘Dob in a litterer’

Litter from businesses

Litter from takeaway food venues can be managed by advising the business that they are required to maintain an area of 100m from their premises free of their own litter (through an abatement notice).

Refer to Council compliance officer.

Water pollution

Mobile dog and Car washing in the street – is this allowed?

Unless the run off water is contained, this is not allowed and may attract a fine. Chemicals in the detergents are considered hazardous to the receiving waters and should be contained. If you are washing your car with no detergent, it is still recommended that all run-off water be contained. Ideally, cars should be washed on an surface that will allow the water to soak in (such as a grassed or gravelled area)

Under the Local Nuisance and Litter Control Act, liquid waste discharges are considered to be a litter and can attract a fine of up to a $1000 if over 50L is discharged or $210 if less than 50L is discharged.

Refer to council compliance officer.

Vehicles and transport

Noise from vehicles on roads

Noise from vehicles on roads is not a matter that council can assist with.

For individual known vehicles Refer to SAPOL

For general traffic noise refer to Department of Transport, Infrastructure and Planning.

Noise from vehicles in driveways or on domestic premises

The advice is to firstly discuss it with the neighbour to try and reach a resolution. If unsuccessful, engine noise from car, boats, motorbikes or other vehicles in driveways or in sheds is a matter for SAPOL 131 444

Noise from vehicles entering and exiting a business or moving around on a business premises.

If the site is operating under an EPA licence, refer to the EPA.

 

If the site is not operating under an EPA licence then refer to council compliance officer.

 

http://epa/sa/gov/au/licence_search

A mobile food truck is noisy and leaves litter behind

Mobile food trucks are considered a vehicle and/or a premises and are subject to the provisions under the Local Nuisance and Litter Control Act 2016.

Refer to council compliance officer.

Construction

A construction site is really noisy/dusty/there is a lot of mud or litter on the street.

Building and construction activities must comply with the conditions applied to the Building or Planning approval – these conditions can relate to the management of noise, dust and litter on the site.

Council compliance officers can use Local Nuisance and Litter Control Act 2016 can be used to require measures to be taken to minimise the nuisance arising from noisy/dusty and ‘messy’ construction sites.

Refer to council compliance officer.

I need to do some construction work out of hours, do I need any approvals for this?

Yes, if you are intending on undertaking an activity that will or is likely to cause a nuisance in the form of noise, dust or odour, you will need to apply for an exemption from the provisions of the Local Nuisance and Litter Control Act 2016.

You will need to apply to the Council for an exemption.

Refer to Council compliance officer.

 

 

Reference Guides 

 

Dust and Aerosol nuisance

All commercial, industrial, state or other premise which operate with EPA environmental authorisation 

http://www.epa.sa.gov.au/licence_search

EPA 8204 2004

 

All commercial, industrial, state or other premise which do not require an EPA environmental authorisation

Local Council

Domestic premises (refer to section Fires, Smoke and Burning if relevant)

Local Council

Development or construction sites

Local Council

Activities carried on by public authorities

In the first instance contact the relevant authority for action

Transport

Department of Transport, Infrastructure and Planning (DPTI)

Large ships in Port

EPA if site is subject to a bulk shipping facility licence 8204 2004

Unsealed roads

Local Council

Examples of EPA authorised sites that could cause dust or aerosol nuisance – abrasive blasters, concrete batchers, power stations, brick manufacturers, cement works and powder coaters.

Examples of non-authorised sites that could cause dust or aerosol nuisance – building sites, infrastructure works, garden maintenance and spray painters.

 

Fires, Smoke and Burning

Domestic  -Wood heaters

Local Council

Domestic - Burning in the open

Local Council

Agricultural Burning

Local Council

Domestic - Wood ovens, Pizza ovens, BBQs

Local Council

Retail food premises – wood ovens, pizza ovens, BBQs

Local Council

Major Fires Industrial or Bushland

Metropolitan Fire Service/Country Fire Service or Emergency 000

 

Odour and Fumes

All commercial, industrial, state or other premise which operate with EPA environmental authorisation 

http://www.epa.sa.gov.au/licence_search

EPA 8204 2004

 

All commercial, industrial premise or other premise which do not require an EPA environmental authorisation

Local Council

Sewage treatment plants

EPA 8204 2004

Landfill or waste depot

EPA 8204 2004

Restaurant or food outlet

Local Council

Domestic premises

Local Council

Spray Painters

Local Council

Commercial or residential waste bins

Local Council

Examples of EPA authorised sites generating odours – large coffee roasters, chemical warehouses, Electroplaters, piggeries, abattoirs, tanneries, wineries.

Examples of non-authorised sites that may generate odour or fumes – spray painters, minor coffee roasters, building sites, pet food producers.

 

Noise – from a place (site or property)

All commercial, industrial, state or other premise which operate with EPA environmental authorisation 

EPA 8204 2004

http://www.epa.sa.gov.au/licence_search

 

 

All commercial, industrial premise or other premise which do not require an EPA environmental authorisation

Local Council

Domestic premises (refer to individual circumstances below)

Local Council

Animal Noises from kennels or boarding houses

Local Council

Animal noise from domestic premises

Local Council

Bird Scaring Devices

Local Council

Building and car alarms

Local Council

Development or construction sites

Local Council

Helicopter landing sites

EPA 8204 2004

Noise within a workplace

Safework SA 1300 365 255

Outdoor concerts and events

Local Council

Pub, Club or other Liquor Licensed Premise (music or patron noise)

Liquor Licensing 131 882

http://www.cbs.sa.gov.au/licensing-and-registration/liquor/

or

SAPOL 131444

Domestic premises - Fixed machines (air conditioners, pool pumps

Local Council

Domestic premises - voices, music, party noise, stereos

SAPOL 131444

Domestic premises -  Non-fixed machines (power tools, blower vacs, lawn mowers)

Local Council

Shooting Ranges which operates with EPA environmental authorisation

EPA 8204 2004

http://www.epa.sa.gov.au/licence_search

Shooting Ranges which do not require an EPA environmental authorisation

Local Council (Refer Conditions of Planning Consent regarding operation)

Sporting facilities

Local council

Stationary vehicles (in driveways)

SAPOL 131444

Strata, apartment or community title noise

Strata manager or body corporate

Wind Farms

EPA 8204 2004

Commercial or industrial deliveries, pickups or waste collection

Local council

Schools, child-care centres and churches

Local council

Road or Infrastructure Construction

The relevant Authority conducting works

Construction – applications for out-of-ordinary construction hours activities.

Local council (S.19 Local Nuisance Act)

Community or social clubs

If club holds a liquor licence then:

Liquor Licensing 131 882

http://www.cbs.sa.gov.au/licensing-and-registration/liquor/

or

SAPOL 131444

 

If club does not hold a liquor licence then Local Council

 

 

Noise from Vehicles and Transport activities

Only noise from motor vehicles operating within any commercial, industrial, state or other premise which operate with EPA environmental authorisation. All other motor vehicle noise is dealt with by other authorities refer other sections

EPA 8204 2004

http://www.epa.sa.gov.au/licence_search

 

 

Noise from motor vehicles operating within any commercial, industrial or any other premise which do not require an EPA environmental authorisation

Local Council

Aircraft and large airport (Adelaide and Parafield)  Federal

Air Services Australia 1800 802 584

Airports – with an EPA environmental authorisation  - Willunga Airfield currently

EPA 8204 2004

Airports – Local and minor

Local Council

Vehicles on roads and on domestic property

SAPOL 131 444 for individual vehicles

or

Department of Transport, Infrastructure and Planning  for general traffic

Noise from commercial or industrial deliveries, pickups or waste collection

Local Council

Railway noise

For noise from trains excluding signals or train horns EPA 8204 2004

For noise from signals or train horns Planning, Transport and Infrastructure 1300 872 677

 

Water vessels including jet ski’s

Department of Planning, Transport and Infrastructure (DPTI) Recreational Boating 1300 183 046

 

 

Water Pollution

All commercial, industrial, state or other premises which operate with EPA environmental authorisation 

EPA 8204 2004

http://www.epa.sa.gov.au/licence_search

 

 

All commercial, industrial premise or other premise which do not require an EPA environmental authorisation

Local Council

Domestic premises (refer to individual circumstances below)

Local Council

Domestic premises – carwashing, pool backwash water

Local Council

Oil Spills in inland and marine water

EPA Emergency 8204 2004

DPTI Chemical and Marine Spills 08 8248 3505

Or Marine Radio Channel 12

Discharge from vessels

DPTI Chemical and Marine Spills 08 8248 3505

Other pollution in waterways

Local Council

Drinking water concern

SA Water 1300 650 950

Stormwater drains and channels

Local Council

Sewer issues

SA Water 1300 650 950

Septic Tanks

Local Council

Fish Kills

Primary Industries and Regions SA: Fishwatch 1800 065 522

Algal blooms

EPA 8204 2004

Activities carried on by public authorities

EPA 8204 2004

Littering from vehicles and vessels

Local Council or refer caller to the Dob in a Litter App or website FAQ

Examples of EPA sites – fish processers, concrete batchers,

 

Waste depots, rubbish and litter

Landfills

Waste Transfer Stations

 

EPA 8204 2004

All waste depots EPA

 

 

Illegal Waste Depots

EPA 8204 2004

Domestic premises (refer to individual circumstances below)

Local Council

Littering from vehicles

EPA – Dob in a Litterer App (Free)

 

ITunes store: https://itunes.apple.com/au/app/dob-in-a-litterer/id1189491478?mt=8

 

Android Google Play: https://play.google.com/store/apps/details?id=com.epa.dial

Roadside rubbish (for cleanup)

Local Council

Illegal dumping of commercial or industrial solid or liquid waste

EPA 8204 2004

Litter falling or blown from uncovered vehicle load

Local Council

General littering

Local Council

Issues relating to comer/industrial and residential rubbish bins (odour etc)

Local Council

Kerbside rubbish and litter remains the responsibility of local government and should be reported to the council.

 

General issues

Abandoned vehicles

Local Council

Threatened or endangered wildlife

Department of Environment, Water and Natural Resources 8204 1910

Land Clearing (Native Vegetation)

Department of Environment, Water and Natural Resources 8204 1910

Water Licensing

Department of Environment, Water and Natural Resources 8204 1910

Native Animals

Department of Environment, Water and Natural Resources 8204 1910

Conservation Parks and Wetlands

Department of Environment, Water and Natural Resources 8204 1910

Beach pollution (minor)

Local Council

Agricultural use of fertilisers, pesticides and herbicides

Primary Industries and Regions: SA Agricultural and veterinary chemicals misuse hotline: 1300 799 684

Site contamination

EPA 8204 2004

Transport of dangerous goods (including chemicals)

Safework SA 1300 365 255

Storage and handling of dangerous goods (including chemicals)

Safework SA 1300 365 255

Injured animals

http://www.environment.sa.gov.au/files/sharedassets/parks/visiting/plants-and-wildlife/94505-npsa-injured-animal-flowchart-v2.pdf

 

Chemical spills

 Chemical spills

In a chemical emergency dial 000

Minor chemical spills

In the workplace call Safework SA 1300 365 255

Where environmental risk may occur call EPA 8204 2004

 

Asbestos

Asbestos removal and safety

Safework SA 1300 365 255

Asbestos in-situ non domestic sites (commercial or industrial)

Safework SA 1300 365 255

Asbestos in-situ domestic property (residential)

Local Council

Asbestos transport and disposal

EPA 8204 2004

 

 Radiation

All radiation enquiries

Radiation Protection Branch of the EPA contact EPA general number 8204 2004 but advise ‘radiation’ related enquiry

 
 
Administration
Principal Office - Loxton
29 East Terrace
Phone: 08 8584 8000
Branch Office - Waikerie
Strangman Road
Phone: 08 8541 0700
Visitor Information Centres
Loxton
On the Roundabout - Bookpurnong Terrace
Phone 08 8584 8071
Waikerie
12911 Sturt Highway
Phone: 08 8541 2332
Libraries
Loxton:
East Terrace
Phone: 08 8584 8051
Waikierie
Strangman Road
Phone: 08 8541 0720