Nuisance - Our enforcement powers

The Environmental Protection Act 1990 Part III requires the Council to investigate allegations of statutory nuisance. The following will be considered by the Council when investigating an alleged statutory nuisance:

  • the nature of the nuisance;
  • the source and reason for the nuisance;
  • the frequency and duration of the nuisance;
  • the effects on the residents; and
  • the available remedies.

There may be a statutory nuisance if it "interferes materially with the well being of the residents, that is, affect their well being, even though it may not be prejudicial to health". If the effect on others is found to be frequent and severe enough to be a statutory nuisance the Council will require the person responsible to take corrective action.