Last updated 26 September 2024

It is not unusual for conflict to arise about the state of a neighbour’s backyard or ‘eyesores’ like old car bodies and machinery.

The way in which neighbours maintain their property is entirely their own business and, unless it causes some nuisance to the adjoining property occupier, there is little that can be done.

A complaint about excessive odours from rubbish or compost heaps can be made to the local council. In the absence of a smell, there is little a neighbour can do about the apparent eyesore.

If the general state of repair of the neighbour’s property is such that it constitutes a threat to public health or safety, or a landowner allows their land to become overgrown with vegetation or suspected noxious plants, the local council should be contacted. Most local councils have local laws dealing with overgrown allotments.

Public health risks

A public health risk includes an animal, structure, substance or any other thing that is (or may become) the breeding ground, food source or home of a pest.

Some activities or things may be public health problems in some situations but perfectly alright in many other circumstances. If any of the following is or is likely to be hazardous to human health, or contributes to disease or the transmission of an infectious condition in humans, it may be a public health risk that is dealt with by the state such as:

  • water (recycled or otherwise) by way of water supply
  • lead and paint;

or a risk managed by the local council such as:

  • water other than by way of water supply
  • waste
  • animals and animal remains
  • pesticides, herbicides and other chemicals
  • dispersal of a by-product as a result of demolition, building or cleaning
  • other chemicals and substances which may be released as a result of demolition, building, cleaning or similar activities (including asbestos and fibreglass)
  • any other matter by way of regulation.

The Public Health Regulation 2018 (Qld) currently sets out very stringent conditions in relation to handling asbestos. It also provides for occupiers of property to ensure that water does not become a breeding ground for mosquitos (anywhere water might accumulate, intended or otherwise) and for building owners to take reasonable steps to prevent rats and mice getting into the property. Local councils are responsible for enforcement of these matters.

Under the Public Health Act 2005 (Qld), a public health order may be issued to require a person who is responsible for a risk to public health to do something to remove or reduce the risk, or prevent its recurrence.

A public health order may require a person to:

  • clean or disinfect a place
  • arrange pest or insect control
  • demolish, remove or dispose of items or structures
  • destroy animals
  • stop using a place for a particular purpose
  • take other steps or stop other actions (as appropriate or reasonably necessary in the circumstances).

Failure to comply with a public health order may result in a fine and/or further enforcement action.

Complaints about possible public health risks may be made to the health inspectors of local councils or the Department of Environment, Science and Innovation. The agency responsible for responding to the risk depends on the type and scope of the problem.

For other environmental and health hazards see the Laws Affecting the Environment chapter.