Last updated 26 September 2024

Public nuisance

A public nuisance is an unreasonable interference with the public’s right to the exercise or enjoyment of any right common to all. It includes conduct that interferes with public health, safety, peace or convenience.

Public nuisances, particularly those affecting the environment, are not dealt with by individuals unless they suffer particular damage or harm, and are beyond affecting the public generally. Public nuisance may be offences and may result in criminal charges or may be controlled by other laws.

Private nuisance

Generally, anyone occupying land (owner or lessee) is entitled to the ‘quiet enjoyment of the land‘. This does not extend to people who are only visitors.

If a person unreasonably interferes with a neighbour’s quiet enjoyment, such as by creating smells, sounds, pollution or any other hazard that extends past the boundaries of their property to the neighbour’s property, the interference may amount to a private nuisance.

A private nuisance can include:

  • noise
  • odour
  • smoke
  • vibrations
  • dust
  • some activity or intrusion that causes a reasonable fear for an occupier’s safety (e.g. overhanging tree branches, aerial spraying or shooting on an adjacent rifle range)
  • obstruction of rights of way
  • obstruction of water supply
  • interference with support to land or a wall
  • blocking out a neighbour’s light, when there is an obligation to provide access to light.

The interference suffered by the neighbour needs to be substantial and unreasonable.

Police or the local councils have the power to investigate limited kinds of nuisance complaints, take action to prevent relevant ongoing nuisance and impose fines for breaches of nuisance laws.

In addition, private nuisances may give rise to a right by one person to make a claim requesting damages (financial compensation for loss or harm as a result of the nuisance) or an injunction (a court order to stop the nuisance occurring in the future). This is known as a common law action in nuisance.

Legislation may restrict a person’s ability to bring an action in nuisance. For instance, ch 7 pt 4 of the Planning Act 2016 (Qld) provides for urban encroachment registration. An urban encroachment registration for the Milton Brewery protects the operators from actions for nuisance (arising from the emission of aerosols, fumes, light, noise, odour, particles or smoke). Registrations last for 10 years when the registration will need to be renewed if it is still required. As parts of Queensland become more densely populated, it is likely that other industries or activities may also be given similar legislative protection.