What can I do if my neighbour's activities are harming the environment?

In Plain English

Based on the legislation provided, here's what you can do if your neighbor's activities are harming the environment, depending on the location:

• If you live on Christmas Island: The Shire of Christmas Island Animals, Environment and Nuisance Local Law 2018 covers various nuisances, including smoke, fumes, odors, and improper disposal of waste. You can report these issues to the local government, which may issue a notice to your neighbor to correct the problem.

• If you live on Cocos (Keeling) Islands: The Shire of Cocos (Keeling) Islands Public Places and Local Government Property Local Law 2020 addresses activities in public places and thoroughfares. If your neighbor's actions are affecting these areas (e.g., obstructing a thoroughfare or polluting a watercourse), you can report it to the local government.

• If you live in Norfolk Island: The Environment Act 1990 (NI) and the Summary Offences Act 2005 (NI) both address environmental concerns. You can report nuisances (like land kept in an unhealthy state or offensive smells) to the executive member (under the Environment Act 1990 (NI)) or complain about undue noise to the Clerk who may issue a summons for the person causing the noise to appear before the Court (under the Summary Offences Act 2005 (NI)). You can also report issues like polluting watercourses or leaving dead animals in public places to the authorities (under the Summary Offences Act 2005 (NI)). Additionally, if your neighbor is carrying out a development activity without approval, you can report it to an authorised officer under the Planning Act 2002 (NI).

• If you live on an airport: The Airports (Environment Protection) Regulations 1997 outlines duties for operators of undertakings at airports to prevent pollution and excessive noise. You can report pollution or excessive noise from airport operations to an airport environment officer.

• If you live in a community title: The Community Title Act 2015 (NI) includes rules about waste disposal, noise, and behavior of owners, occupiers and invitees on common property. You can report breaches of these rules to the body corporate.

If the activity involves rabbits, you can refer to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) Notice of call for Public Comment - Draft varied Threat abatement plan for competition and land degradation by rabbits.

Detailed Explanation

The steps you can take depend on the specific legislation in place in your jurisdiction and the nature of the environmental harm.

• Nuisance Reporting: Several pieces of legislation allow for reporting of nuisances. For example, under the Environment Act 1990 (NI), a "nuisance" is broadly defined to include land kept in an unhealthy state, offensive smells, and noise pollution (see section 77). The executive member can issue a notice to abate the nuisance (section 78). Similarly, the Shire of Christmas Island Animals, Environment and Nuisance Local Law 2018 and the Shire of Cocos (Keeling) Islands Public Places and Local Government Property Local Law 2020 address various nuisances within their respective jurisdictions.

• Pollution Reporting: If the activity involves pollution, the Airports (Environment Protection) Regulations 1997 outlines a general duty to avoid polluting (regulation 4.01) and allows airport environment officers to issue environment protection orders (regulation 7.01) to operators of undertakings at an airport. The Summary Offences Act 2005 (NI) also prohibits polluting watercourses (section 61).

• Noise Complaints: If the issue is noise-related, the Summary Offences Act 2005 (NI) provides a mechanism for making noise complaints (section 38). The Clerk can issue a summons, and the Court can issue a noise abatement order. The Airports (Environment Protection) Regulations 1997 also addresses excessive noise at airports (regulation 7.03).

• Development Without Approval: If your neighbor is carrying out a development activity without the required approval, you can report it to an authorised officer under the Planning Act 2002 (NI) (section 81). This can result in a compliance order being issued.

• Community Title Disputes: If you live in a community title, the Community Title Act 2015 includes rules about waste disposal, noise, and behavior of owners, occupiers and invitees on common property. You can report breaches of these rules to the body corporate.

• Hazardous Waste: If the activity involves hazardous waste, you can refer to the Notice of Decision to grant a permit to Geocycle SBF Pty Ltd to import waste pesticides from New Zealand.

• Rabbits: If the activity involves rabbits, you can refer to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) Notice of call for Public Comment - Draft varied Threat abatement plan for competition and land degradation by rabbits.