If you are affected by air emissions, talk to the person responsible and try to achieve a solution. Give them time to do something about it.

If you can’t reach a solution, you can lodge a complaint with Council. Alternatively, you can contact the Dispute Resolution Centre.

How to lodge a complaint with Council

To lodge a complaint, you will need to provide:

• your name, address and phone number – this is kept confidential
• details of the emissions
  • source address
  • date and time it started
  • the duration each time it happens.

To help you keep track of the details of the emissions, it is a good idea to fill out a daily log that you can submit with your complaint. You can download the example air pollution log

How Council handles complaints

Council investigates most air emissions using the Environmental Protection Act 1994. Some sites have a development approval with conditions. Council investigates complaints about these sites using the Planning Act 2016.

When investigating air pollution complaints, Council will consider:

• whether the site has a development approval with a condition specific to emissions
• the amount being emitted
• the duration and rate of emission and the characteristics and qualities
• the sensitivity of the environment and the impacts
• the views of any other neighbours or complainants
• any measures that have been taken or could reasonably have been taken by the person causing the emission.

If an air emission is unlawful, Council may:

• issue an on-the-spot fine of 15 penalty units (individual) or 75 penalty units (corporation)
• issue a notice. This will detail the offence and the timeframe the responsible person has to rectify the problem. If the person does not comply with the notice, an on-the-spot fine of 15 penalty units (individual) or 75 penalty units (corporation) may also be issued
• prosecute.

If there is a development approval for the site, with a condition specific to emissions, Council may issue a notice to ensure compliance with the condition. If the person does not comply, a fine of 20 penalty units (individual) or 100 penalty units (corporation) may be issued.

Find out the current value of a penalty unit.

Complaints not investigated by Council

Council shares responsibility for air emission complaints with other authorities. Council does not investigate the following:

• Light emissions from freeways and highways, including on and off ramps. This is the responsibility of the Department of Transport and Main Roads.
• An environmentally relevant activity regulated by the Department of Environment and Science (e.g. chemical manufacturing).
• An environmentally relevant activity regulated by the Department of Agriculture and Fisheries (e.g. poultry farming).
• A state or local government premises or activity. This is the responsibility of the Department of Environment and Science.