The Local Nuisance and Litter Control Act 2016 was phased in during 2017 making Council the relevant authority for local nuisance and litter control in the Council area. Allowing or contributing to local nuisance or litter within the City of Mount Gambier is a crime and has some very costly penalties.
It’s anticipated the Act will assist Council in resolving local nuisance complaints and also has a strong focus on managing littering and illegal dumping across South Australia.
Some of most common offences and related fines are as follows;
Common offences | Related fine |
Illegally disposing small amounts of 'general litter', such as; cigarette butts, chewing gum, food scraps, beverage containers, furniture, demolition material or landscaping material | $210.00 |
Illegally disposing of 'Class B Hazardous litter', such as; lit cigarettes or butts, syringes or glass | $500.00 |
Illegal dumping of large amounts of 'Class B Hazardouse litter' or general litter | $1,000 |
For more information and Fact Sheets on the Local Nuisance and Litter Control Act 2016, visit the Local Government Association website.
Bill posting
Bills or advertising posters must not be posted on property without the consent of the owner occupier. Litterer or bill poster must remove the litter or bill poster at the request of an authorised officer immediately or risk a $315 fine.
'Dob in a Litterer' app
The EPA has developed the ‘Dob in a Litterer’ app which can be used by members of the public to identify persons who commit a littering offence from a vehicle. The app is free and available for Android and Apple phones and tablets and can be found here.
Dob in a Litterer uses the latest technology to identify the type, model and colour of the offending vehicle and provides a map to determine the exact location of where the littering took place. Reporters can also include a photo to capture any supporting evidence. The app has been specifically designed to target littering from vehicles.
Considering making a complaint to Council?
In the first instance, Council encourages you to discuss your concerns with the people (e.g. neighbours) from where the nuisance is emanating from. In most instances offenders are not aware that they are causing a nuisance.
Councils are more likely to become involved if an issue within the community cannot be resolved or if the nuisance is a broad-scale issue involving multiple parties.
Prior to contacting Council, please review Council's fact sheet and the relevant fact sheets available on the Local Government Association website.
Types of complaints and who to contact
The following is a list of common local nuisance and litter control issues and who to contact when they occur;
Type of complaint | Responsible Authority |
Noise - Birds | DEWNR, unless congregation is due to unauthorised feeding |
Noise - Unamplified music or voices | Police when generated from domestic premises |
Noise - Parties and Music | Police when generated from domestic premises |
Noise - Fireworks | Safework SA |
Noise - Vehicles in driveways or on domestic properties | Police |
Noise - Vehicles entering or existing a business or on business properties | EPA - if it is a licensed site, Council otherwise |
Noise/litter - From construction sites | Council |
Nuisance - Dust from construction sites | Council |
Nuisance - Pigeons/rodents | Council |
Nuisance - Derelict or unsightly properties | Council |
Nuisance - Unauthorised burning causing smoke | Council |
Nuisance - Mobile food vans litter or noise | Council |
Litter - Sporting Facilities | Council |
Litter - Complaint about individual and business | Council |
Litter - Waste water onto street from washing cars/dogs/carpet cleaning | Council |
The Nuisance Diary
Investigation of local nuisance matters, and resolutions are not always straight forward and is heavily reliant on local residents assisting Council with the investigations. A Nuisance Diary has been developed to be completed over a month. Council requests you to detail any, and all events which create the nuisance. The Nuisance Diary can be accessed here.
False, vexatious or misleading reports
Please be aware that providing a false, vexatious or misleading report is an offence under the Act and carries a maximum penalty of $50,000 for a body corporate and $20,000 for a natural person.
Current exemptions provided by Council
The Act allows Councils to consider the granting of an exemption from local nuisance-causing activities upon application. Exemptions may be reasonable for short-term activities - such as concerts, events or major construction activities - where some level of dust or other local nuisance is likely to be unavoidable. Councils can apply strict conditions to ensure that an applicant does everything reasonable to minimise the impact of the nuisance.
When an exemption applies, it is published below.