Local nuisance
Interference with your enjoyment of the area you live, work, or play
The many sounds, sights and smells in the city of Adelaide add to its vibrant atmosphere and appeal, making the city a fantastic place to live, work and visit. Occasionally however, this is not the case, and they disturb your enjoyment of an area. This is known as a local nuisance.
Upcoming exemptions and activities with noise
Applicant: Eviropacific
Location: Lot Fourteen 317-329 North Terrace, Adelaide
Dates: Thursday 10 October 2024 to Friday 20 December 2024
Times:
Mondays to Thursdays 7:00 pm to 6:00 am
Fridays 7:00 pm to 11.59 pm
Contact phone: Tane 0499 336 277
Activity: Construction activities in connection with the movement and removal of contaminated soil containing Asbestos and associated activities on the Land necessary to undertake the movement and removal of contaminated soil (including, but not limited to, the moment of equipment entering and exiting the Land)
Exceptional circumstances for exemption:
• reduce safety risk for pedestrians and traffic
• lessens the impact to traffic during peak times
Applicant: Built Pty Ltd
Location: 241-259 Victoria Square (Sir Samuel Way Building)
Dates: Friday 30 August to Saturday 30 November
Times: Monday to Friday 5:00 pm to 1:30 am
Contact phone: Chris 0432 269 116
Activity: Construction activities in connection with the installation and erection of scaffolding to the North façade and associated remediation activities (including, but not limited, to, the movement of trucks entering and exiting the land)
Exceptional circumstances: due to the Courts Authority of Australia (located inside the Sir Samuel Way Building), not allowing construction work noise during court proceedings, (Business Hours, 8:30am - 5:00pm), as this may lead to a mistrial of a particular court proceeding. As a result, the Courts Authority of Australia have stated that the works to the Sir Samuel Way Façade be undertaken outside of business their hours.
Applicant: Interflow Pty Ltd (on behalf of SA Water)
Location: War Memorial Drive (near Hackney Rd), North Adelaide
Dates: Monday 28 October to Friday 15 November 2024
Times:
Monday to Saturday
7:00 pm to 4:00 am
Sundays
7:00 am to 4:00 am
Contact phone: Jarred 0437 652 093
Activity: Maintenace on sewerage pipes and manhole sewer cover
Public infrastructure work is exempt from the Local Nuisance and Litter Control Act 2016
* Water flows too high during the day and also reduce safety risk in regard to pedestrians and traffic movement
Applicant: City of Adelaide
Location: Various locations within the Council Boundaries
Dates: Thursday 24 October 2024 to Friday 24 January 2025
Times:
- Mondays to Saturdays – 3:00 am to 7:00 am
- Sundays – 3:00 am to 6:00 pm
Contact phone: Michel Diratani (08) 8203 7203
Activity: Essential programmed maintenance activities related to public street, including but not limited to the use of leaf blowers, street sweepers, waste collection and footpath scrubbing
Exceptional circumstances for exemption:
- reduce safety risk for pedestrians and traffic
- lessens the impact to traffic during peak times
- fewer vehicles parked on road, which better enables programmed maintenance
What is a ‘local nuisance’?
According to the Local Nuisance and Litter Control Act 2016, local nuisance is defined 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".
Local nuisances are generally grouped into four main categories:
Common causes of dust disturbance include:
- land clearing (exposed surface)
- construction, building and or demolition works
- activities being carried out around a domestic premises (landscaping).
How can you reduce or mitigate dust whilst undertaking dust generating activities?
- where possible, schedule activities when weather conditions are favourable (e.g.- little/no wind)
- retain as much vegetation on a site as possible (e.g. grass or small amounts of vegetation)
- create physical barriers (e.g. solid fences or fencing covered in shade cloth)
- spray water on the topsoil in dry conditions to reduce dust leaving from the site.
Common causes of smoke disturbance include:
- backyard burning
- open wood fires
- solid fuel (combustion) heaters
- extraction units.
How can you reduce or mitigate smoke whilst undertaking the activity?
- check outside after 20 minutes; if smoke is visible adjust the vents to improve the fire
- don’t burn garbage/painted timber/treated timber (such as permapine) or particle board, as these can release toxic fumes when burnt
- when backyard burning only use charcoal and only for warmth or cooking.
Common causes of odour disturbance include:
- dirty or poorly maintained waste bins
- uncovered compost heaps
- rotting vegetation or food scraps
- painting or varnishing.
How can you reduce or mitigate odour whilst undertaking odour generating activities?
- minimise waste on the premises
- ensure composting and mulching is done correctly to avoid smells
- clean waste bins regularly and get rid of any accumulated or smelly waste
- be mindful when using and storing paints, chemicals and other products which may cause strong and offensive odours.
Common causes of noise disturbance include:
- construction
- air conditioning units
- compressors
- domestic pool pumps
- power tools and machinery.
How can you reduce or mitigate noise whilst undertaking noise generating activities?
- where practical, locate noisy appliances as far away as possible from neighbouring premises (especially areas like bedrooms)
- consult and communicate with your neighbours about the activity and duration
- use power tools within allowed hours (domestic premises):
- 8:00 am and 8:00 pm (Monday to Saturday)
- 9:00 am to 8:00 pm on Sundays and public holidays
- construction noise should be limited to allowed hours 7:00 am to 7:00 pm (Monday to Saturday).
Under the Act, the following things do not constitute a local nuisance. In some cases, they may be covered and reported under a different Act or Regulations. If you are not sure, give our Community Safety Team a call on (08) 8203 7203 and we will be able to point you in the right direction.
- Any approval (consent, licence, permit or entitlement) granted under any other Act or Legislation
- Licensed premises
- Fireworks displays
- Sporting or associated activities at sporting venues
- Community events run by or on behalf of a Council (subject to any conditions imposed by Council)
- Public infrastructure works
- Noise from vehicles (other than vehicles operating within, or entering or leaving business premises)
- Subject of legal proceedings under
- Music or voices or both resulting from an activity at domestic premises
- Activities carried on in the normal course of a school kindergarten child care centre or place of worship
- Aircraft or railway noise
- Emergency vehicles sirens.
Exemptions
If an activity you are proposing to do in the Adelaide city or North Adelaide may generate a local nuisance (e.g. smoke/noise/dust/odour) under the Act, you may apply to Council for an exemption, which may be granted in situation where exceptional circumstances exists.
An application for an exemption must:
• be made to council via our online application form which includes all information that is required by regulation
• be made at least two (2) weeks prior to commencing the activity, for activities predicted to last less than 24 hours
• be made at least four (4) weeks prior to commencing the activity for activities predicted to last more than 24 hours
Note: for applications relating to extreme weather, a shorter time frame has been fixed of five (5) calendar days.
Note: some requirements of the regulations have been reduced for applicants who have already supplied information to council through another processes (such as Development Application). Refer to application form for details.
As part of the process you are required to consult with residents/businesses in your local community. You must advise them in writing of your intended works, the dates/times and the possible effects. To help you, we've created a consultation template you can download and edit to suit your requirements.
A note on unsightly conditions
For various reasons, properties may fall into a state of disrepair or be unkempt and have an adverse effect on the amenity value of the area.
Unsightly conditions may be caused by:
- excessive disused or unrestrained rubbish, waste or vegetation (including stockpiled items)
- graffiti on premises
- premises left partially demolished or in a state of disrepair, dilapidated or damaged.
How can you reduce or mitigate local disturbances?
- try to plan activities that may create a disturbance during the day.
- consult and communicate with your neighbours, so if necessary they can make their own arrangements.
What to do when the disturbance becomes a problem
Speak to the person
Try and discuss your concerns with the people (such as neighbours, workmen) causing the nuisance as they may not even be aware of the effect they are having on others. Over a friendly cup of tea or barbecue is often the quickest and most effective way to find a solution. Be patient, it may take them a few days to find a solution.
Contact the Body Corporate
If the nuisance is coming from premises which is part of a Body Corporate or Strata Group, you will need to contact the Body Corporate or Strata Group directly to seek a resolution as the nuisance is likely to be a breach of their rules and regulations.
Reporting a nuisance
If the above measures have bought no resolution, contact the City of Adelaide between Monday to Friday at 8:30 am to 5:00 pm with as much information as possible. As part of our investigation, we will consider the following:
- does the Local Nuisance adversely affect the amenity of the area and reduce the ability of people to enjoy the indoor and outdoor environment?
- is the Local Nuisance unreasonable in the context of the local area/environment?
Reporting a nuisance after hours
To report a nuisance outside of Monday to Friday 8:30 am to 5:00 pm, please contact SA Police on 131 444 if the matter is urgent.
Alternatively, please contact Council during business hours to report the nuisance.
If the nuisance is serious
If the nuisance has the potential for serious or material environmental harm you should contact the Environment Protection Authority (EPA) directly:
Need help preparing for nearby construction? See our guide about preparing your business for disruptions here.
Need more information?
If you have any questions regarding local disturbances, please phone the Contact Centre: