Legal Advice

[Dupain]

New neighbours just rented out next door.

Did a smoke and pizza oven last night and received a warning note to stop it because of the smoke.

It's my own house and the grilling was in my own back yard.

I'm pretty sure there is nothing wrong, is this correct?

I said hello on my way out to get more firewood.

[Davo]

Probably they can only complain to the council due to the environmental concerns but apart from that, if it's not in a strata development, they can't really do anything.
I think the only restraints would be that you don't deliberately go out to cause them issues if you don't know what their violent tendencies may be but legally unless it's a fireban day, they can't do anything in the legal sense.
Invite them over for a BBQ

Cheers

Davo

[Pesto3]

It amazes me that this actually happens. You're in your house so there is nothing they can do. What ever happened to knocking on the door or popping your head over the fence and having a chat about it? Leaving a warning note means they are probably not prone to confrontation. You only get the initial "bad" smoke and then you're all good anyway. Smoke on mate, stuff em.


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[food&fish]

A couple of houses ago at the farm we had neighbours move in she started dobbing to the council [dams to big grass to high chooks cackling burning rubbish ect ect ]
Biggest mistake she made was telling me she suffered from chronic hay fever and sinus
Every time the wind was blowing her way I would take out the tractor and slasher and mow the paddock next to them
She called me over one day to say thanks to me she sold at a great loss and was moving
All I said good you was a bitch

[Dupain]

Thanks guys.

Just very upsetting, she went on saying all her 3 kids had asthma etc ...

You have to be careful with these people. Their kids want to play my British Bulldog. He plays rough now and then ... one scratch and they'll want him put down.

I think they are trouble and will stay away and keep on grilling/smoking as there is no law against it.

[titch]

make a Video of the smoke you generate when lighting and using your cookers.
Might be handy if mr local Laws comes knocking

[smokerjoe]

There is nothing at all they can do. As you can have small backyard fires and BBQs which are wood fired. The only things you cannot to is burn off rubbish or use on a fire ban. Happy days smokin i say and there only renters so they can always move

[Davo]

Yeah if it's the case that they're only renters.....smoke it up dude and help them with the decision process

[Smokey]

Cant give legal advice however she sent the first shot over your bow.
It wont stop from here on. But how you handle the situation from here on will depend on your wit.
First, No more kids playing with your dog, Just get that potential snafu out of the picture.
Two, Get dirt. Is she clean or dirty?
three, document dirt.
four, Try to minimize your bbq smoke via wind direction and so forth and take vid and pics to document. Just to settle her down while you document.
All the while you are as nice as pie. Normally they get used to your "Thing" and if it gets nasty ? Nothing speaks like documented evidence as opposed to she say

[beginner]

This is for VIC, might be worth trying to get out in front of it by acknowledging the complaint and offering to take a step or two, doesn't seem like the council could very easily impose anything on you but I'd assume that would be to a point

http://www.epa.vic.gov.au/your-environm ... od-heaters

[Dupain]

Cant give legal advice however she sent the first shot over your bow.
It wont stop from here on. But how you handle the situation from here on will depend on your wit.
First, No more kids playing with your dog, Just get that potential snafu out of the picture.
Two, Get dirt. Is she clean or dirty?
three, document dirt.
four, Try to minimize your bbq smoke via wind direction and so forth and take vid and pics to document. Just to settle her down while you document.
All the while you are as nice as pie. Normally they get used to your "Thing" and if it gets nasty ? Nothing speaks like documented evidence as opposed to she say

Don't know if she is dirty ...

But, I think they are educated and the rent is about $2000 a week.

They could have means to hurt my hobby.

[Pesto3]

Cant give legal advice however she sent the first shot over your bow.
It wont stop from here on. But how you handle the situation from here on will depend on your wit.
First, No more kids playing with your dog, Just get that potential snafu out of the picture.
Two, Get dirt. Is she clean or dirty?
three, document dirt.
four, Try to minimize your bbq smoke via wind direction and so forth and take vid and pics to document. Just to settle her down while you document.
All the while you are as nice as pie. Normally they get used to your "Thing" and if it gets nasty ? Nothing speaks like documented evidence as opposed to she say

Don't know if she is dirty ...

But, I think they are educated and the rent is about $2000 a week.

They could have means to hurt my hobby.

Jesus Christ, $2000 a week!!

[Dupain]

My wife gave her mobile number to her. Great .... another complaint via text this morning

Here is an article below about about a fellow griller in a similar situation.

BBQ has neighbours steaming



Andrea Davy | 8th Aug 2012 1:00 PM

Michael Helliar loves a good barbie but has been told that his Ozpig is causing a smoke hazard in his neighbourhood.

YOU would think it is every Aussie's right to have a backyard barbecue but this wasn't the case for South Mackay man Michael Helliar.

His Ozpig outdoor barbecue has landed him in hot water with his neighbours and Mackay Regional Council told him it was causing a smoke hazard and he needed to shut it down.

"Council called me and said that we were creating copious amounts of choking black smoke... and it was a health issue for residents," Mr Helliar said.

"Since I have told them I am coming to you guys (the Daily Mercury) they have changed and said they will send me a pamphlet with information on how to be a good neighbour."

Mackay Regional Council confirmed yesterday that they had received a number of complaints in regard to the property and that they had contacted the owner to discuss the issue.

Health and regulatory services acting manager Craig Shepherd said that when investigating a smoke complaint the council would consider a number of factors including the amount of smoke being emitted, the duration and rate of emission and views of neighbours or complaints.

"If the smoke is determined to be a nuisance, council may issue the person causing the smoke problem with a Direction Notice," Mr Shepherd said.

"This is to inform the resident of the offence that has taken place and the timeframe that the offender has to rectify the problem."

Mr Helliar has even attached a tall chimney to his barbie so the smoke is channelled skyward before blowing away in the breeze.

"It takes about 10 minutes to get going. Normally, I use briquettes but I was using this hard wood and there wasn't much smoke at all," he said.

"And once it's going there is hardly any smoke.

"Normally it's just me and my partner, we sit out here with a bottle of wine; it's the outdoor lifestyle we love up here."

READER POLL
Should people be allowed to have smokey BBQs?
This poll ended on 15 August 2012.
Yes - 78%

No - 21%

This is not a scientific poll. The results reflect only the opinions of those who chose to participate.
Mackay Daily Mercury
TOPICS: BARBECUE, COMPLAINTS, MACKAY REGIONAL COUNCIL, NEIGHBOURS

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17 OF 19 COMMENTSJOIN THE DISCUSSIONfromthere - Leslie 4 years ago7 replies

omg,some people have nothing better to do than whinge!Neighbours from hell?
Reply
clarkys - Basin Pocket 4 years ago

This guy is the neighbour from hell. He doesn't care that him burning coal/wood in his backyard effects his neighbours. We get it all the time when clothes are on the line so they end up stinking of smoke. Glad I don't have asthma.
Reply
Harpmark - Beerwah 4 years ago

clarkys - Basin Pocket 4 years ago
This guy is the neighbour from hell. He doesn't care that him burning coal/wood in his backyard effects his neighbours. We get it all the time when clothes are on the line so they end up stinking of smoke. Glad I don't have asthma.
I am glad you don't have asthma to. Have you tried talking to your neighbour? It is people like you that don't talk to your neighbours but call council at the first sign of anything bothering you that are the neighbours from hell. Do you expect your neighbours to be mind readers or do they have to have a list of things you don't like that they have to follow? Try talking next time instead of complaining to the authorities. All of our neighbours know us personally and although we don't get on with one neighbour we are at least on speaking terms with her. The neighbours aren't there for your pleasure but if you approach them you might just find you may just end up with some new people in your life and better neighbours.
Reply
Phyllis_Diller - Camooweal 4 years ago

So it is ok to smoke out your neighbours? Gas BBQ have been around for awhile, not exactly new technology. I guess this guy's excuse will be he wants a smoky flavour for his food. If so then do it inside your house, you don't need to share it with the rest of the world.
Reply
leoalexander - Mackay 4 years ago

clarkys - Basin Pocket 4 years ago
This guy is the neighbour from hell. He doesn't care that him burning coal/wood in his backyard effects his neighbours. We get it all the time when clothes are on the line so they end up stinking of smoke. Glad I don't have asthma.
Another great example.. Had you considered approaching the neighbour to explain with reason or prefer to make a whinge? My ex-neighbour was so pathetic he tried to get the back garage shed torn down simply because the sun reflected back towards his pool (which I like to add was illegal). Not having a proper go at you but talk to your neighbour and yes from experience I know how neighbours just don’t come to the fence.
Reply
M-Dogg - Sarina Range 4 years ago

OMG! you would do the same thing! Most people dont complain for the sake of it, they complain because they feel their rights are infringed apon. You do not have the right to pollute your neighbour with smoke. Michael Helliar, get a gas BBQ and stop trying to be the victim
Reply
SHOW 2 MORE REPLIESleoalexander - Mackay 4 years ago

I have a fantastic classic backyard brick BBQ which smokes better than a wooden kiln. It is a classic! My old neighbour use to verbal complains but he would be abusive about every little detail of what happens in our backyard. So glad he moved. I now have got great neighbour again. Some people just have too much time on their hands. MRC did do the right thing as did Helliar. Note: artists are not allowed to use wood kiln in Mackay city (need advance approval and notify neighbours etc)... so I can view this story on both side of the fence.
Reply
Bullnt - Mackay 4 years ago

Just keep an eye on the type of timber you use. Dried iron bark or poplar are good and don't create much smoke. Tea-tree, bloodwood, messmate and blue-gum are very smokey. I'm thinking that his neighbours should really get over themselves too. That little burner wouldn't create that much smoke. Most would probably agree that there's nothing like sitting around a fire and this poor bloke has gone to some expense and trouble to sit around a hot pot in his own back yard. An obvious substitute. His neighbours should be grateful that he considered them at all. Some wouldn't be so generous.
Reply
woppercopper - Rollingstone 4 years ago1 reply

What's wrong with "the neighbour". If he doesn't like smoke, go somewhere that they don't have fires. Best of luck. We used to burn all our rubbish in the back yard and no one said boo. What happens if the neigbours house burns down, Is he going to complain about the excessive smoke. This country has gone to the pack. We are over regulated on everything we do. We can't live our lives the way that we want. We have bow to the very small minority. The solution is for the neighbour to to move onto a country block with no gas or electricity, where he has to cook on burning wood, heat water the same way and light lamps to see where he'd walking.
Reply
dbora - Mackay West 4 years ago

Totally Agree, what has this country come too......getting worse than the "wingeing poms", ok so I can see the point if a neighbour is constantly burning off through the day and everybody's clothes on the line is smokey but come on sitting around enjoying life, having a glass of wine and watching the magesty of a controlled fire, oh people please get a life. Michael enjoy your fire mate....cheers.
Reply
mysay17 - Mackay South 4 years ago

Thank God these people didn't live in Mackay when the cane and trash was burnt before cutting and you could smell the sugar mill from south Mackay. Then most people also had wood stoves in their kitchens. I have said it before Australia is turning into a country of wingers and minority groups that complain at the drop of a hat. Michael, enjoy your wine with your partner, you have a better life than your neighbours have, that's for sure.

And if you sit out side on a night when the wind is blowing in the direction of town you can smell the mills and other smoke smells, south Mackay also gets the smells of industrial work in the area,
Reply
mfp001 - Mackay 4 years ago1 reply

what goes around comes around get a life
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mysay17 - Mackay South 4 years ago

mfp001, ? who are you referring to? The neighbours or the guy who just wants to enjoy an old AUSTRALIAN CULTURE and spend some quality time with his partner?
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mjjperth - Perth Gpo 4 years ago

I lived for 24yrs in Mackay (born&bred)left 12yrs ago. Talk about narrow minded whingers...lucky the cane farmers rarely burn cane anymore unless they'd be pushed out of town as well. How you think all of us way below the tropic of capricorn get on what with wood fires to keep them warm during winter oh and then there's the people with wood fired pizza ovens at home as well. At the end of the day I guess you need something to whinge about.
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attie - Mackay North 4 years ago

OMG, the metallity of some Mackay people shine through once again
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WaterLily - Mount Pleasant 4 years ago

I have multiple respiratory disorders, but I can't say I'd begrudge a mate a BBQ on a nice day. I have very fragile lungs and whilst burning trash causes me distress, BBQs haven't done so. FYI, the ozpig site has recommendations for "smoke free camping" using this BBQ, which makes me wonder if there is ONE right way to use this grill, and many wrong ways that generate lots of smoke. If the guy is following those recommendations, I'm not sure what else he can reasonably be expected to do. If he is following them and the neighbours are still annoyed, maybe he can make some deal with the neighbours to put up a few pieces of colourbond around the neighbours' Hills hoist when he's using his grill?
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hang_em_high - Mackay North a year ago

can MRC send my farmer a notice when he burns trash
It is a bit funny the farmer at my back fence can burn and the famer directly across the road can burn trash
But in my one house street ( we have a single strip of 10 homes ) BUT If I burn its an offense
Reply

[Dupain]

They moved out yesterday.

[ruski]

They moved out yesterday.

Brilliant!