Environmental nuisance complaints

1. Overview

The Shire’s Environmental Health Team is responsible under the Public Health and Wellbeing Act for investigating environmental issues that are impacting on the health of local residents. This can include a range of issues which are described below.

If you are concerned that your health may be affected by any of these issues please contact the Shire’s Environmental Health Team on: 5950 1050.  

2. Residential Noise

If you have a problem with noise from your neighbours, we suggest that you refer to the EPA website which offers advice and solutions to residential, commercial and vehicle noise issues. This details the rights and responsibilities of home owners in relation to state legislation about noise. This document also specifies the prohibited times for noisy equipment used on residential premises.

Noise issues are often resolved by talking with your neighbour directly and working together to find a solution. In many cases, people are not aware they are making noise that may be disturbing their neighbours. A Shire Ranger or Environmental Health Officer can provide education to both parties during this process on strategies for reducing noise if required.  

If a resolution is not reached after speaking with your neighbour, you can lodge an official complaint with the Council’s Environment Protection Unit. The Environment Protection Unit can be contacted on 5950 1050 or customerservice@mornpen.vic.gov.au  

Alternatively The Dispute Settlement Centre of Victoria (DSCV) is a free dispute resolution service which routinely helps resolve common neighbourhood disputes involving noise,  fences, trees, animals and drainage.

If the noise is occurring after hours and is coming from people or parties, the Police should be contacted at the time of offence.

http://www.epa.vic.gov.au/your-environment/noise/residential-noise

http://www.epa.vic.gov.au/your-environment/noise/commercial-and-industrial-noise 

EPA Noise Control Guidelines http://www.epa.vic.gov.au/~/media/publications/1254(PDF, 186KB)

3. Asbestos

Asbestos is the name given to a group of fibrous silicate minerals which occur naturally in the environment. Asbestos was commonly used in many building materials before the early 1980s because of its durability, fire resistance and excellent insulating properties.

Generally, the presence of asbestos in home building products does not pose a risk to health unless the asbestos is disturbed, which then produces hazardous fibres or dust containing asbestos particles.

Some people have developed asbestos-related lung disease after inhaling asbestos fibres. The level of exposure that causes health effects is not known so exposure to asbestos fibres or dust containing asbestos fibres should always be kept to a minimum. Special precautions must be taken to reduce exposure to asbestos dust and fibres during its removal.

Further information on asbestos may be obtained from  http://www.asbestos.vic.gov.au/

Any asbestos removal on commercial building sites or conducted by building contractors must be carried out by an asbestos removalist contractor that is licensed with the Victorian Workcover Authority, Worksafe. http://www.worksafe.vic.gov.au/

If you have any concerns regarding the removal of asbestos on commercial sites or carried out by building contractors, please contact Worksafe on: (03) 9641 1555.

4. Asbestos Removal

  • It is not advisable for residents to do the work themselves when removing loosely bound asbestos–containing materials (i.e., insulation) due to the increased health risk. In this case arrange for a Worksafe licensed asbestos removalist to remove the asbestos.
  • For more information on removing asbestos visit the Worksafe website http://www.worksafe.vic.gov.au/
  • Residents who remove asbestos from their own property must take particular care to protect themselves and neighbouring properties from any health risks.
  • Removal of asbestos must meet the requirements in the Commonwealth Government Department of Health Guidelines which can be found at http://www.health.gov.au/internet/main/publishing.nsf/content/ohp-enhealth-asbestos-may2012.htm 
  • If you have any concerns regarding the handling or removal of asbestos by a neighbouring property owner please contact the Shire’s Environmental Health Team on: 5950 1050 or visit our section on Asbestos Disposal

5. Agricultural Spraydrift

The Shire has many agricultural businesses, vineyards and golf courses which rely on the spraying of pesticide and herbicide chemicals. While improvements in technology have reduced the risks from chemical spraying, the Shire does receive queries regarding these chemicals affecting neighbouring properties.

If the chemicals are alleged to be affecting crops or livestock on neighbouring properties, the query will be referred to the Agriculture Victoria for investigation.

If the chemicals are alleged to be affecting the health of residents on neighbouring properties, the Shire’s Environmental Health Team will investigate the matter in conjunction with Worksafe and the Environment Protection Authority.

If you have any concerns regarding chemical spray drift affecting your property please contact the Shire’s Environmental Health Team on: 5050 1050.

More information on chemical spraying is available from the Department of Primary Industry http://agriculture.vic.gov.au

6. Airservices Australia

Airservices Australia met with Councillors, Shire Officers and members of the Peninsula Aero Club (PAC) and the Tyabb Rate Payers Association (TRPA) in a discussion about the airfield and surrounding environs.  It was agreed by all parties that all concerns about operational issues surrounding Tyabb Airfield should be directed to Airservices Australia to investigate.

The Shire is seeking your assistance and request that you lodge any concerns in relationship to noise or any other operational issue at Tyabb Airfield with Airservices Australia. This will assist in the gathering of data about the operation of Tyabb Airfield.  Airservices Australia will analyse the data collected and make reports to the Mornington Peninsula Shire.  The reports will help inform Council decisions relating to Tyabb Airfield.

To make a complaint please direct your concerns to Airservices Noise Complaints and Information Service (NCIS).

You can lodge your compliant at http://www.airservicesaustralia.com/contact-us

or via phone by calling 1800 802 584 (free call)

  • ·via post to Noise Complaints and Information Services

    PO Box 211
    Mascot NSW 1460

  • ·or fax: (02) 9556 6641.

Airservices Australia website www.airservicesaustralia.com provides more details on their complaints investigation procedures.

The Shire is committed to working with Federal and State authorities like Airservices Australia, Civil Aviation Authority Australia (CASA), the Civil Aviation Authority Australia, Victorian Environment Protection Authority (EPA) and our community including the PAC and TRPA to develop policy that helps facilitate positive relationships.

7. Pest Control

The Shire’s Environmental Health Team can provide advice on pest control issues on: 5950 1050

8. Poultry Farm Issues

There are currently seventy-two broiler farms within the municipality of Mornington Peninsula Shire with 222 sheds capable of an output of seven million birds each batch.

The Shire’s Environmental Health Team investigates complaints regarding offensive odours and noise from poultry farms under the Public Health and Wellbeing Act.

If you have concerns regarding offensive odours from a local poultry farm please contact the Shire’s Environmental Health Team on: 5950 1050.

For further information on poultry farms please visit the Chicken Meat Research Program website at http://www.rirdc.gov.au/research-programs/animal-industries/chicken-meat/ or Agriculture Victoria at http://agriculture.vic.gov.au/agriculture/livestock/poultry-and-eggs/poultry-legislation-regulations-and-standards/the-victorian-code-for-broiler-farms