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Air Pollution and Smoke Disputes

Air pollution can include:

• smoking fires
• cooking odours
• industrial fumes
• car exhausts
• smells from animal droppings and chicken coops
• rotting garbage
• airborne allergens like pollen.

The following information is not legal advice and has been included to help you start thinking about the issues involved.

Dealing with air pollution and smoke disputes

Many disputes can be resolved through communication and negotiation, which can help to reduce costs, delays and legal action. The Dispute Settlement Centre provides a free service and can offer advice and tips for dealing with matters yourself. The Centre also provides neutral, objective mediators to help you resolve disputes of any size or complexity.

The 'disputeinfo' website has step-by-step advice about common dispute situations and practical solutions.

Be clear about who is responsible for the property and who is at fault. Landlords and tenants may have separate responsibilities. For example, if a property is rented out, both the landlord and the tenant may have separate obligations to the person living next door.

Minimising air pollution and smoke

If smoky fireplaces are a source of air pollution, find out if:

• a different fuel can be used (for example, green wood creates more smoke)
• an extra flue can be added to divert smoke
• there are too many drafts in the fireplace and if ventilation is adequate.

If rubbish or compost fumes are a problem, find out if:

• the bin can be relocated (or if rubbish removal contractors can be changed if it's commercial waste)
• someone can assist in taking offending rubbish to the tip
• a tighter fitting lid or deodorant spray can minimise the odour.

If car fumes are causing concern, find out if:

• the car owner can park their car in another area of the property
• the car owner can drive it around the corner before warming it up.

If odours from chicken coops are the problem, find out if:

• the coop can be relocated or rebuilt so odours don't drift through
• the chickens can have a wider run, so their manure is not concentrated.

Who else can help?

Sustainability Victoria offers more advice on minimising air pollution.

The Environmental Protection Authority (EPA) also has tips on reducing smoke from fires.

Your local council's health department may prosecute severe cases of air pollution. They can also provide advice about local by-laws. The Environment Protection Authority monitors industrial pollution, but also provides advice about domestic pollution.

If you are considering taking legal action we recommend you seek independent legal advice. Contact any of the following:

• Victoria Legal Aid
• Community Legal Centre
• the Law Institute of Victoria.