Air and odour complaints
Learn about air and odour restrictions. Find out how to handle a rubbish odour, smoke or dust issue.
Regulating air and odour emissions
The Environmental Protection Act 1994 (the Act) regulates air and odour pollution from domestic and commercial properties. Under the Act, we must all avoid creating air and odour impacts on others.
Council is responsible for investigating air and odour nuisances under the Act and the Planning Act 2016.
We investigate complaints relating to odours, spray drift, dust, smoke, ash and fumes.
Preventing air and odour issues
Air and odour pollution can come from different sources, including private and commercial properties, industry and burning activities.
The most concerning pollutants for Brisbane include:
- particles
- nitrogen oxides
- volatile organic compounds
- ozone.
These contribute to a variety of health problems, including respiratory and cardiac disorders, cancer, low birth weight, dementia and depression.
Learn what you can do to help keep our community free from air and odour nuisances.
Household odour pollution can come from:
- compost bins
- fertilisers
- rubbish
- chemicals.
Under the Health, Safety and Amenity Local Law 2021, you're responsible for managing waste at your property.
To reduce your household’s odour pollution:
- don't apply fertilisers on windy or rainy days
- store your bin in a shaded area
- cover your compost and turn it regularly
- clean your bin and let it dry between collections
- make sure all waste going into a bin or container is dry or covered by a plastic bag
- consider the effects of chemicals, paints and other products with offensive odours and let your neighbours know when you plan to use them.
If you’re concerned about a chemical smell or another strong smell not coming from a domestic property, report it to Council.
Download our fact sheet to learn more about managing air and odour pollution.
Council regulates smoke, ash and fumes from fires in commercial and residential areas.
Braziers and fire pits
Under the Health, Safety and Amenity Local Law 2021, smoke and fire from braziers and fire pits must not impact or endanger people or property.
When using above-ground braziers and fire pits:
- never burn treated or painted timber, plastics, rubbish, rubber, paints, fabrics, petrol, oils, solvents, rags or driftwood
- store your wood correctly and keep your firewood dry
- monitor the amount and direction of any smoke coming from your fire
- use seasoned dry firewood, charcoal, ethanol or gas if you're burning fuel for heating or cooking.
Learn more about how to use braziers and fire pits safely.
Download our fire pit and brazier letter template.
Download our brazier or fire pit fact sheet.
Wood-fired heaters
Smoke from wood-fired heaters can compromise air quality, aggravate respiratory issues and affect our enjoyment of the outdoors.
We’re all responsible for making sure our activities don’t cause smoke issues for others.
When using your wood-fired heater:
- only burn dry, well-seasoned firewood
- keep your heater and chimney in good working order
- operate your heater correctly
- check there's no smoke coming from your chimney 20 minutes after you light the fire.
Download our guide for more tips on how to avoid creating a smoke nuisance.
Backyard burning
You cannot burn waste (including green waste) in a residential area under the Health, Safety and Amenity Local Law 2021 (the Local Law).
Burning of waste materials releases toxic pollutants into the air that are dangerous to health.
You can dispose of green waste:
- at a resource recovery centre
- in your home compost
- using Council's green waste recycling service.
You can only burn green waste if you live in a rural area. You must comply with the requirements of the Fire and Emergency Services Act 1990.
Some fires are permitted under the Local Law. You must comply with the Environmental Protection Act 1994 and make sure smoke doesn’t impact people or the environment.
Find out more about backyard burns and outdoor fire safety.
Paint and chemical spray drift can harm people, animals and the environment.
You can carry out occasional spray painting at home for do-it-yourself or hobby-related purposes.
To reduce spray drift:
- work indoors where possible
- don't spray on days with strong and gusty winds
- follow the guidelines provided by the manufacturer
- use a brush on small jobs
- use equipment that reduce overspray.
Any commercial spray painting must be done in an approved commercial spray booth. You may make a complaint about spray drift or odour from commercial spray painting premises.
Dust can irritate sensitive areas of the body such as the eyes, nose and throat. In severe cases, it can trigger respiratory problems and allergic reactions.
Dust pollution can come from a range of sources, including:
- fires
- unpaved roads
- gardening activities
- soil, sand or rock erosion
- building, renovation, construction and earthmoving works.
To reduce dust pollution:
- water topsoil
- water down roadways or dusty area
- install a dust fence or tree rows
- use hydromulch for large areas
- check weather conditions before you start any work
- cover and store loose building materials such as sand and cement
- isolate the area where you plan to carry out any building or construction activities
- limit vehicle speeds and reduce the time vehicles use unsealed roads
- use onsite resources as dust barriers including plants, grassed areas and green waste.
Dust storms can affect air quality and your breathing. To protect yourself during dust storms:
- stay indoors with the windows and doors closed
- avoid vigorous exercise
- avoid driving.
People often aren’t aware that their activities are harmful or disturbing others. If you’re affected by air pollution or an odour from a neighbour’s property, try to resolve the issue together before making a complaint.
- Talk to your neighbours about the problem. Alerting them about the issue could lead to an immediate resolution.
- If you can't come to an agreement with your neighbour and things aren't improving, make a complaint to Council.
When filing a complaint about an air or odour issue, you need to provide:
- your name, address and phone number (this information is kept confidential)
- a description of the nuisance, including the date and time and source address
- photos (optional).
To make a complaint:
- phone Council on 07 3403 8888
- email Council.
Find out more about Council's complaints process.
Council will get in touch with the person causing the air or odour nuisance.
When investigating complaints, we consider factors such as:
- any conditions of any approval (i.e. environmental authority, planning approval)
- the amount, duration and characteristics of the emission
- the sensitivity of the environment.
If you’re experiencing an air nuisance, we may ask you to start an environmental nuisance diary to track the issue’s frequency.
Completing an environmental nuisance diary
A nuisance diary will help us understand the air issue.
Be as detailed as possible when describing the emission source and how it disrupts your daily activities.
You must note specific details of the:
- time
- date
- duration
- how the issue affects you.
Download an Environmental Nuisance Diary template.
Helpful links
Frequently asked questions
Yes, you can dispute a fine you received for a smoke issue.
Find out how to dispute your fine.
Council is legally required to investigate complaints about smoke from a neighbour’s backyard fire or wood-fired heater.
We may issue your neighbour with a Compliance Direction if the smoke is determined to be an unlawful nuisance. If your neighbour doesn’t comply with the direction, we may issue an on-the-spot fine.
You can complain about smoke from a neighbour’s property affecting your health or lifestyle. Before lodging a complaint, talk to them about the issue. They may not realise their activities are causing a disturbance. Alerting them could prompt them to resolve the issue immediately.
If your neighbour ignores your concerns and the nuisance continues, start documenting the issue in a diary or by making a recording.
This can be used as evidence when you make a complaint to Council.
There are certain guidelines you should follow when smoking meat or barbecuing to make sure the smoke doesn't impact your neighbours or community. You should:
- consider the wind direction and how the smoke might impact your neighbours
- avoid using your food smoker for long periods of time
- use your barbecue or smoker sparingly
- comply with all relevant local laws and regulations.
When using your equipment:
- set up away from any hazards
- supervise kids and pets
- safely put the fire out when you're done.
Follow these guidelines to limit the smoke impact on your neighbours or community.
If there’s a planned burn near you, you should:
- avoid vigorous physical activity
- stay indoors
- keep indoor air as clean as possible.
Find out more about how to protect yourself from smoke from planned burns.
You can’t burn green waste at home in residential areas. To dispose of green waste:
- take it to a resource recovery centre
- reuse it in your home compost
- use Council's green waste recycling service.
You can only burn green waste if you live in a rural area. Make sure you comply with the requirements in the Fire and Emergency Services Act 1990.
You can use 2K spray paint at home if you use it infrequently and for non-commercial purposes.
Find out about spray painting at home, including how to avoid spray drift.
Council doesn’t investigate complaints about emissions from:
- Queensland Government properties
- Environmentally Relevant Activities (ERAs) regulated by the Queensland Government. ERAs are activities that have the potential to harm the environment. They include chemical manufacturing and intensive agricultural activities
- cooking odour from cooking carried out on land on which a class 1, 2 or 3 building under the Building Code of Australia is constructed.
Air and odour pollution rules differ slightly for work being done under planning approval.
You must comply with any conditions on your approval regarding air and odour emissions. Council can take enforcement action under the Planning Act 2016 if you don’t comply with the relevant conditions.