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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2025-11-25 Daily Xml
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Local Nuisance and Litter Control Laws

In reply to the Hon. N.J. CENTOFANTI (Leader of the Opposition) ().29 October 2025).

The Hon. K.J. MAHER (Deputy Premier, Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State): The Minister for Climate, Environment and Water has advised:

Section 17 of the Local Nuisance and Litter Control Act 2016 (the act) specifies that local nuisance does not include anything declared by schedule 1 of the act not to constitute local nuisance.

As referenced in the Hon. Nicola Centofanti's question, the following are declared in schedule 1 as not constituting local nuisance for the purposes of section 17(1):

(a) noise or other nuisance from blasting operations carried out as part of a mining operation within the meaning of the Mines and Works Inspection Act 1920 or Mining Act 1971;

(b) noise or other nuisance from any activity carried on in accordance with a program for environment protection and rehabilitation that is in force for mining operations under part 10A of the Mining Act 1971;

The intention of this exemption in schedule 1 is to avoid duplication of regulation, as in the development of the original legislation in 2015 it was recognised that quarries and mines are regulated under the Mining Act 1971. Equivalent duplication of regulation is not immediately apparent for primary production.

As I stated in the committee stage of the Local Nuisance and Litter Control (Miscellaneous) Amendment Bill debate on 29 October 2025 we require 'considerable consultation with primary production stakeholders, the community and local councils to fully understand the amendments before proceeding'.

If an amendment to schedule 1 to include primary production was proposed, stakeholders would be given the opportunity to provide feedback as part of proposed consultation on draft regulations to support the implementation of the Local Nuisance and Litter Control (Miscellaneous) Amendment Bill.

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