Noise and Local Nuisances

Local noise nuisance can originate from several different residential, commercial, or industrial sources such as:

• construction or demolition works
• air conditioning units
• pool pumps, spas, and water features
• refrigeration equipment
• power tools and other machinery (mowers, power tools, leaf blowers, compressors, impacting tools, mulchers)
• rubbish collection, street, and vegetation maintenance

In all cases, it must be taken into account if the level, nature, or extent of the noise (including its volume, pitch, vibrational frequency, prevalence, or frequency of occurrence) is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises.

In the case of fixed machine noise (e.g. air conditioner, pool pump) generated on domestic premises, that the noise has travelled from the domestic premises to a habitable room, an outdoor courtyard or entertainment area, on neighbouring premises; or

In the case of noise (other than fixed machine noise generated on domestic premises), that the noise has travelled from the domestic premises to neighbouring premises between the hours of:

• 8pm and midnight on any day; or
• Midnight and 9am on Sunday; or
• Midnight and 8am on any other day.

In all cases, it must be taken into account if the level, nature, or extent of the noise (including its volume, pitch, vibrational frequency, prevalence, or frequency of occurrence) is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises.

In the case of construction noise, if the noise has travelled from the location of the construction activity to neighbouring premises:

• On any Sunday or public holiday; or
• After 7pm or before 7am on any other day.

It must be taken into account if the level, nature, or extent of the noise (including its volume, pitch, vibrational frequency, prevalence, or frequency of occurrence) is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises.

Please Note: At times, an activity outside of normal business hours that causes a local nuisance may have been so timed as to avoid inconvenience to traffic or pedestrians during normal business hours (for example, in the case of early morning rubbish collection, or late-night construction works, in populated or high traffic areas).

In the case of waste collection noise, if the noise has traveled from the place at which it was generated to neighbouring premises:

• Before 9am or after 7pm on any Sunday or public holiday; or
• After 7pm or before 7am on any other day.

Please Note: At times, an activity outside of normal business hours that causes a local nuisance may have been so timed as to avoid inconvenience to traffic or pedestrians during normal business hours (for example, in the case of early morning rubbish collection, or late-night construction works, in populated or high traffic areas).

In the case of noise from a street or tree maintenance machine being used in a public place, the noise has travelled from the public place to neighbouring premises:

• Before 9am or after 7pm on any Sunday or public holiday; or
• After 7pm or before 7am on any other day.

In any case it must be taken into account if the level, nature, or extent of the noise (including its volume, pitch, vibrational frequency, prevalence, or frequency of occurrence) is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises by persons occupying those premises.

Odours can emanate from a range of domestic and commercial/industrial sources.

Domestic sources of odours include:

• insanitary conditions.
• dirty or poorly maintained rubbish bins and waste receptacles.
• uncovered compost heaps.
• rotting vegetation or food scraps (particularly seafood).
• storage of petrochemicals (oils, degreasers, kerosene).

Excess smoke can increase the levels of air pollution and lead to poor air quality.

Smoke disturbance can include:

• wood heaters
• backyard burning
• combustion heaters
• extraction units

PLEASE NOTE: If you live INSIDE metropolitan Adelaide and townships you can only burn when it is for:

• preparation of food or beverages where the size of the fire and fuel is appropriate
  for that purpose.
• heating an outdoor area using a brazier, chiminea, or fire pit – charcoal only.

Tips to avoid excessive wood heater smoke:

• Use dry, seasoned, untreated wood. The wood should make a 'crack' when struck together, not a 'dull thud'.
• Stack wood undercover in a dry ventilated area.
• Use small logs and ensure air can circulate freely when in the heater.
• Burn the fire brightly. Run the heater on a high burn rate (air control fully open) for 5 minutes before and 15 to 20 minutes after adding wood.
• Don't let your heater smoulder overnight. Keep the air control open enough to maintain a flame. A well-insulated house will stay warmer longer.
• Regularly check the chimney of the heater to monitor for excessive smoke.
• Clean your flue or chimney at least once a year to remove tar and soot build-up. This will increase the heat of your fire and reduce smoke emissions.

Dust disturbance can include:

• Construction.
• Demolition.
• Landscaping.
• Land clearing.

Tips for reducing dust disturbances:

• Be mindful of weather conditions (e.g. schedule works when there is low wind).
• Construct barriers to contain excess dust.
• In dry conditions, use water to contain dust on topsoil.

Light can be deemed a local nuisance under the Act if it has travelled from the place at which it was generated to a neighbouring premise; and the nature, intensity, colour, location, direction, or extent of the light is such as to constitute an unreasonable interference with the enjoyment of the neighbouring premises.

Exemptions include:

• public street lighting,
• public infrastructure works
• Christmas light displays,
• public light displays (including laser light displays),
• lighting from business premises during business hours provided that the lights are required for the reasonable and safe operation of the business and reasonable measures have been taken to reduce the impact of the light on neighbouring premises.

Insanitary conditions

These are conditions that may or are interfering with other people’s enjoyment of an area. This could be due to vermin activity, accumulated rubbish either indoors or outdoors, poorly kept or deceased animals, or an absence of proper or adequate sanitary facilities.

Unsightly conditions

These may include conditions on premises involving:

• excessive or unconstrained rubbish, waste or vegetation; or
  stockpiled, excessive or unconstrained disused or derelict items or material that a reasonable person would consider to be rubbish or waste; or
• graffiti (other than authorised graffiti) that has been left on the premises for more than 28 days (or 7 days for offensive graffiti); or
• conditions involving a building on the premises having been left partially demolished or in a state of disrepair, dilapidation, or damage.