Health and safety risks

Health complaints
Council’s Environment and Health Division has certain jurisdiction in regard to the investigation and action taken on owners of privately owned property. Many complaints may be considered a private matter between two property owners, however, outlined below are guidelines on common complaints dealt with by this Division. It should be noted that when lodging a complaint in regard to private property, this must be done in writing (unless it is an immediate public health/safety risk) – a “Complaint Investigation Form” can be provided upon request for this purpose.

Overground land
Should a property be so overgrown that it harbours vermin (e.g. rats, snakes) or becomes a fire hazard to the neighbouring properties, Council may serve an Order for the vegetation (always excluding trees) to be reduced. This can only be done if there is sufficient evidence that land is unsafe or unhealthy.

Accumulated rubbish
Where a property has a large accumulation of rubbish which is harbouring vermin (once again, there must be evidence to prove this is the case), an Order may be served for such articles to be removed. Generally, unsightly accumulations should not be kept in the front yard. If an accumulation of articles is being stored on a person’s property, it should be stored in a neat and tidy manner as well as be adequately screened from a public place (i.e. footpath).

Storm water drainage
Many properties experience storm water problems. Generally, every property owner is responsible for draining surface water (due to natural runoff from uphill properties) to an appropriate storm water drainage system. This should not be done by obstructing the natural flow with a wall or fence, but rather, collected at the highest point of the property and directed to the street (by an ag line or open drainage channel, etc.). Storm water problems which are caused by an action or inaction of an adjoining property owner, which does not relate to a Council approval, are considered a private matter between both owners. In respect to storm water problems caused by missing/defective guttering on houses/garages/sheds or obstruction/redirection of a natural watercourse/Council approved pipe/channel, then an Order may be served on the owner of land to do such works as to direct water to an appropriate storm water drainage system. It is essential that sufficient evidence exists that:

• the water is concentrating onto other land; 
• the water is damaging, or likely to damage, other land.

Keeping of animals
There is no restriction placed by Council on the number of animals kept on private property, however, certain restrictions are placed on the distance animals may be kept from the nearest dwelling, public hall, school or premises used for storage, manufacture, preparation or sale of food. These minimum distances are as follows:

• Chickens/guinea fowls 4.5 metres.
• Pigeons 9 metres.
• Poultry other than the above 30 metres.
• Horses/cattle (incl. goats/sheep) 9 metres.
• Swine 60 metres.

All animals must be kept in a clean and healthy condition, free from offensive odours and so as not to create a nuisance to adjoining premises.

Orders under the Local Government Act 1993
If, upon investigation by Council’s Officer, a premises warrants an Order under the above mentioned Act, an “Intention to Serve an Order” is initially sent to the owner of the premises warning that Council intends to serve an Order on the owner and giving him/her an opportunity to make representations to Council before a specified date. The Order is then served and if it is not complied with within the time specified, then Council may issue an Infringement Notice, complete the works at the owner’s expense and/or instigate legal proceedings. The time period for both the “Intention to Serve an Order” and the “Order” itself depends on the circumstances of the premises and is determined by the Investigating Officer. All Orders must be fully auctioned within six months.

Private action
With complaints which are considered private matters between the affected parties, it is recommended that the Community Justice Centre be contacted as they specialise in resolving disputes between neighbours. Other options include the Chamber Magistrate or private Solicitor.