Air pollution is caused by solid and liquid particles and certain gases that are suspended in the air. These particles and gases can come from car and truck exhausts, factories, dust, pollen, barbeques, wood heaters and bush fires.  

The Protection of Environment Operations Act 1997 (POEO) legislates and provides a statutory framework to investigate and prevent air pollution in NSW.  

Air Pollution is defined under the POEO Act as the emission into the air of any air impurity. However, when stating this it is important to remember there are certain tolerances that need to be applied because it may not be possible to stop or prevent all emissions. What does this mean? It is impossible to stop impurities going into the atmosphere from activities and plant on commercial, agricultural and industrial premises, therefore the legislation sets standards to cap levels of emission. 

On a more local level, some level of pollution is permitted however it is limited and is still governed by the POEO Act. For instance, a wood fire is not able to be lit without producing smoke initially, but once the fire warms up, smoke should be minimal and not visible.
 

Air pollution in the local neighbourhood

For some air pollution incidents caused by a wood fire or cooking, talking to your neighbour before contacting Council is recommended. If you wish to explore your options further, you may consider seeking free legal advice through Legal Aid New South Wales. They offer general legal assistance and have an online chat platform, which can help point you in the right direction based on your situation.

The types of problems that Council can assist with include: 

• Spray painting on residential and commercial premises.

• Smoke and nuisance burning on residential premises.

• Dust from building sites.

Council will also investigate air pollution caused by:

• Small or medium sized businesses.

• Smoke and odour from local industry.

• Odours from a small business, restaurant or food outlet.

Request for Council to assist in air pollution matters can be done via Log it / Fix it or via the Customer Service Centre. When requesting for assistance, the following information will help officers to investigate the matter more effectively and efficiently:

• The time/s and date/s of the air pollution incident.

• The duration of the air pollution incident.

• Details of the nature of the pollution.

• Details of any attempts made to resolve the matter privately or through another party.

• Your contact details.

Air pollution from industrial sites