AustraliaCan I report a neighbor's bonfire smoke to authorities in Australia?
Yes, you can report excessive bonfire smoke to local councils or state environmental agencies in Australia if it causes a 'statutory nuisance' under state environmental protection laws.
What the Law Says
Bonfire smoke is regulated under state and territory environmental protection laws, not federal law. Whether it’s illegal depends on location, frequency, duration, and impact on health or amenity.
In most Australian states, smoke from domestic fires becomes unlawful when it constitutes a 'statutory nuisance' — defined as smoke that unreasonably interferes with a person's enjoyment of their property or poses a health risk. For example, the Protection of the Environment Operations Act 1997 (NSW) defines 'offensive odour' and 'air pollution' broadly enough to include persistent or dense smoke affecting neighbours.
Under the Environment Protection Act 2017 (Vic), Section 138 prohibits discharging 'prescribed matter' (including smoke) that harms human health or the environment. Local councils are the primary enforcement bodies and may issue improvement notices or penalty infringement notices.
In Queensland, the Environmental Protection Act 1994 (Qld) empowers local governments to act against 'environmental nuisances', including smoke that affects comfort or safety. The Act allows for penalties up to $10,000 for individuals upon conviction for repeated offences.
Statutory TextA person must not discharge, or cause to be discharged, into the environment any pollutant unless the discharge is authorised by this Act or the regulations.
— Environment Protection Act 2017 (Vic), s 138
Statutory Text'Offensive odour' means an odour that is offensive or is likely to be offensive to a person outside the premises where the odour originates.
— Protection of the Environment Operations Act 1997 (NSW), s 143
What to Do
Record date, time, duration, wind direction, and effects (e.g., eye irritation, inability to open windows) for at least 3 separate incidents
Speak calmly with your neighbour first — many disputes resolve informally and councils often require evidence of attempted resolution
Contact your local council’s environmental health or compliance team (not police) — most have online reporting forms or dedicated phone lines
If the council doesn’t act within a reasonable timeframe (e.g., 10 business days in WA), escalate to your state’s environment protection authority (e.g., EPA Victoria or NSW EPA)
As a last resort, apply to your state’s civil tribunal (e.g., NCAT in NSW or VCAT in Victoria) for a nuisance order — filing fees start at $66 (NCAT) or $104.40 (VCAT)
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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-11.