BackThe Queensland Ombudsman’s report on “The Sunshine Coast Regional Council regulatory enforcement report: An investigation of actions taken by Sunshine Coast Regional Council in response to complaints about power boat noise” was published under the authority of the Speaker of the Queensland Parliament.
The report found that the Sunshine Coast Regional Council failed to meet its regulatory obligations in response to a complaint about power boat noise.
A homeowner was concerned about the noise from two large power boats moored at a neighbouring residential property and made a complaint to Sunshine Coast Regional Council. The homeowner later complained to the Queensland Ombudsman that council had not adequately investigated their noise concerns.
“Council initially reached the conclusion that it was unable to assist. After considering the evidence, I formed the view that council had not met its regulatory obligations,” Ombudsman Phil Clarke said. “I have chosen to publish this report to highlight the role councils have in regulating noise nuisance.”
The report finds that council failed to complete the necessary step of collecting sufficient evidence to determine whether there was a breach of any provisions relating to environmental nuisance in the Environmental Protection Act 1994.
The Ombudsman also considered that council’s decision to take no action on the complaint was flawed because it did not comply with council’s Compliance and Enforcement Policy 2018. “Regulators are not able to opt out of fulfilling their regulatory responsibilities,” said Mr Clarke.
The Ombudsman has recommended council investigate the complaint and, if a breach is found, take appropriate action.
Sunshine Coast Regional Council advised that it would engage a suitably qualified consultant to conduct an independent assessment, including collecting data with a sound level meter. It would also determine what further action may be reasonable and proportionate having regard to the Environmental Protection Act 1994 and its policy.
Source: Office of the Queensland Ombudsman, Australia
