Executive summary

I have chosen to publish this report to highlight the role councils have in regulating noise nuisance. Councils have regulatory responsibility for environmental nuisance, including noise, under the Environmental Protection Act 1994 (EP Act).

This investigation considered whether the actions of Sunshine Coast Regional Council  (council) in response to a homeowner’s complaints about noise were reasonable; and whether council had met its regulatory responsibilities.

As the Queensland Ombudsman, I am empowered to investigate complaints and make recommendations to the agency being investigated to improve its practices and procedures.

This report outlines:

  • the complaint about noise
  • council’s actions in response to the complaint
  • council’s response to the queries raised by the Office of the Queensland Ombudsman
  • the steps a regulator should take in responding to a noise complaint.

After considering the evidence, I formed the view that council had not met its regulatory obligations.

Council failed to complete the necessary step of collecting sufficient evidence to determine whether there was a breach of any provisions in the EP Act relating to environmental nuisance.

Council’s decision to take no action on the complaint was also flawed. Council cited its Compliance and Enforcement Policy 2018 (council’s policy) as a basis for not taking any action. While council’s policy sets out the circumstances where council could decide to take no action, it did not cover the circumstances of this case. Council therefore did not comply with its policy.

Regulators are not able to opt out of fulfilling their regulatory responsibilities.

In this case, council should have investigated whether there was a breach of the relevant legislation and, if there was, taken appropriate action. Under council’s policy, no action may be taken in certain circumstances, but, if this was the case, transparency and accountability require it to have provided clear reasons to the person who made the complaint.

I have recommended council investigate the complaint and, if a breach is found, take appropriate action.

In response to my recommendation, council advised that it would:

  • engage a suitably qualified consultant to independently undertake an assessment, including the collection of data with a sound level meter
  • determine what further action may be reasonable and proportionate having regard to the EP Act and its policy.

 

Opinion 1

Council failed to meet its regulatory obligations in respect of a complaint made to it concerning noise, in that it:

  • did not collect evidence necessary to establish whether a breach of s 440 of the Environmental Protection Act 1994 had occurred
  • incorrectly applied its Compliance and Enforcement Policy 2018 to determine that no action should be taken.

This is unreasonable administrative action under s 49(2)(b) of the Ombudsman Act 2001.

Recommendation 1

Council investigates the complaint concerning noise to determine whether a breach of s 440 of the Environmental Protection Act 1994 can be established and, if a breach is found, take appropriate action having regard to its Compliance and Enforcement Policy 2018.

 

Please download Report PDF for the full document.

Last updated: Thursday, 19 September 2024 8:14:50 PM