Dust, Smoke, Fumes and Odour Nuisance

Odour can come from numerous sources including:

• chemical odours associated with spray drift
• compost heaps
• farmland
• fertilisers
• fumes
• industrial premises
• rubbish and
• sewage overflow
• wood smoke from fireplaces and wood heaters  

• keep your property tidy and don't allow vegetation or rubbish to accumulate
• recycle organic waste and garden clippings
• minimise rubbish by composting and mulching
• enclose or cover compost bins or vegetation, where possible
• regularly turn and aerate compost
• avoid planting near all pipes and underground amenity lines on your property
• consider weather conditions before starting work that will create odour e.g. avoiding windy days when applying fertilisers, avoiding wet days to prevent run-off to storm water drains that could be harmful to our creeks and rivers

Murrindindi Shire is diverse in its agricultural land use and most farming activities create odours and spray drift from the use of fertilisers and pesticides. However, from time-to-time, odours and spray drift may cause discomfort for people living in the rural farming zone and where there is a conflict of land use (residential and farming).

Most common issues result from the use of animal manure and pesticides. Their use is vital to ensure the financial viability of farming enterprises. The EPA Victoria and Agriculture Victoria provides guidance for the farming community for their proper use to ensure odour nuisance doesn't occur.

The Environment Protection Authority (EPA) regulates the agriculture industry through the general environmental duty (GED) requirements under section 166 and section 168 of the Environment Protection Act 2017  (the Act).

The Act provides a duties-based framework, which requires any person (including businesses) engaging in an activity that may give risk to risks of harm to human health or the environment from air pollution to minimise those risk so far as reasonably practicable.

In addition to the GED, businesses and other duty holders, must not emit, or permit the emission of unreasonable odours or environmental hazards from a place or premises that are not residential premises. This includes farms and agricultural businesses that are operated within Murrindindi Shire. You have an obligation under the Act to meet the GED's that are imposed on businesses within Victoria.

The EPA provides guidance to assist businesses with meeting their obligations under GED and can be found on their Resources for the Agricultural Industry page.

To help minimise the health and safety impact of burning of smoke, Murrindindi Shire Council follows direction from the CFA for burning off and declared fire danger periods. Read more about Burning Off. 

If the problem is caused by smoke, fumes, or odours from industry, including the agricultural industry, contact the Environment Protection Authority via their Online pollution report or call hotline anytime on 1300 372 842.

For health reasons, wood heater owners have an obligation to reduce smoke from wood heating. You should also consider:

• your neighbours’ health when using a wood heater
• other ways of heating your house, especially on calm days with not much wind as smoke from wood heaters can build up in these conditions

To reduce the amount of smoke your wood heater produces, always follow the steps to use your wood heater in the right way.

You should:

• burn only dry, seasoned, untreated wood
• wait for the fire to establish before adding extra fuel
• open the air controls for a few minutes before adding fuel
• after reloading, wait until the fire is burning before turning the air controls down
• use small or medium pieces of wood, and avoid overloading your heater, as this will starve the fire of oxygen and cause it to smoulder 

• Use a certified wood heater. This helps reduce wood smoke emissions. Use a wood heater that meets the Australian Standards for wood heaters, including requirements for heat efficiency "AS 4012" and smoke emissions "AS 4013". The Australian Home Heating Association has information on how to find certified wood heaters that meet these standards.
• Make sure a licensed professional installs your heater, using the Australian Standard for installing wood heaters. Follow your wood heater’s manufacturer instructions. 

Maintaining your wood heater helps reduce wood smoke emissions.  

Creosote is leftover mixed char and oil that burning wood produces. Over time, it can block the flue. This means less air flows through the flue and the wood heater emits more smoke. Clean your flue before winter, professionally if needed.

Ash can also build up on top of your wood heater's baffle plate. The baffle plate is the metal part inside the top of the wood heater. It helps produce more heat when burning wood. Ash on the baffle plate stops the wood heater from working well. Make sure the baffle plate is clear of ash before using your wood heater each winter. You can self-clean your wood heater's baffle plate. Take a metal coat hanger and bend it so you can sweep around and clear ash from the baffle plate.  

For more information on wood heaters and smoke, visit:

• Victorian Building Authority: Wood heaters, solid fuel heaters, and flues
• Environment Protection Authority Victoria: Wood smoke and air quality
• Department of Climate Change, Energy, the Environment and Water: Wood heaters and woodsmoke

Businesses must make sure that any odour from their activities or premises doesn’t impact the local community. 

If you believe you are being affected by odour from the agricultural industry, you will need to make a report to the EPA by:

• calling 1300 372 842  (24 hours)
• emailing contact@epa.vic.gov.au
• completing the Enquiries and feedback online form

Further information can be found on the EPA's Odour page.

Council’s authorised officers have powers under the nuisance provisions of the Public Health and Wellbeing Act 2008 (The Act) to investigate such complaints about wood smoke. The investigating officer will request that you maintain a nuisance log sheet to record frequency of occurrence and assessment of impact to your health. 

As part of the investigation, officers will conduct an educational visit as well as an assessment of timber used, and maintenance of the wood heater installed.

If nuisance conditions are established, Council can direct the owner of a property or the person causing the nuisance to take all reasonable steps to mitigate the nuisance.

Contact Council on (03) 5772 0333 to speak with our Environmental Health officer.