Community questions

For the latest updates on the department’s progress and activities in the Swanbank and New Chum industrial areas, please subscribe to receive our online newsletter.

See previous odour update newsletters.

On this page:

• About the odour issues
• Land use responsibilities
• Community reporting
• Air quality monitoring
• Health concerns
• For more information

About the odour issues

What causes the odour?

The department currently believes that the odour being experienced in Swanbank is largely attributable to waste management and composting facilities located in the Swanbank industrial area.

These operators must comply with the conditions on their environmental licences (environmental authorities) and the provisions of the Environmental Protection Act 1994, in addition to any approvals or requirements from local government and other State agencies.

Establishing the source of odour nuisance is a difficult task due to the nature of odour, especially in situations where there are multiple odour sources.

What happens when an operator is found to have breached their environmental obligations?

A variety of enforcement options are available to the department under the Environmental Protection Act 1994, if an operator is believed to not be complying with a requirement of the legislation or a condition of their environmental authority.

The department’s Enforcement guidelines outline the general principles behind our approach to enforcement and are considered when determining the appropriate compliance response. For minor, or non-reoccurring breaches, warning may be appropriate. Escalating offences may receive a fine, and/or enforcement action including the issuing of one or more statutory notices.

Serious offences and/or those with high impact may result in the department commencing criminal or civil proceedings in the relevant court.

What enforcement action has been taken?

The department has taken action against a number of operators in the Swanbank and New Chum industrial areas, including issuing various statutory notices and commencing court proceedings.

Investigations are ongoing and the department is committed to taking strong action against operators found to have been wilfully breaking the law.

The department has invested significant resources in these matters which include additional compliance inspections of regulated sites, engagement of a consultant company, deploying technical air monitoring equipment and working closely with other agencies. The department is working to ensure all avenues to resolve odour issues are being considered.

What are the maximum penalties if operators break the law?

The maximum penalties are set out in the Environmental Protection Act 1994 and is expressed as the number of ‘penalty units’. For example, the maximum penalty for contravening a condition of an environmental authority, at section 430, is 4,500 penalty units for a non-wilful offence and 6,250 penalty units (or 5 years imprisonment) for a wilful offence. The value of a penalty unit is available online and is indexed annually. The maximum penalty for a company is five times the maximum for an individual.

The court takes various factors under the Penalties and Sentences Act 1992 into account when imposing a penalty, as well as penalties in previous comparable cases.

Can these operators be shut down?

The Environmental Protection Act 1994 contains a list of grounds for the suspension or cancellation of permits, licences or authorities. These grounds might include the holder being convicted of an offence under that legislation or not meeting specified suitability criteria for the permit, licence, or authority.

Where appropriate, when deciding whether to cancel or suspend a licence, permit or authority, the requirements of the legislation will be complied with and the department will consider the principles within its Enforcement guidelines.

Often outcomes being sought can be achieved without closing operations, but by ensuring the right management measures are in place or by limiting how an activity can occur.

Waste facilities such as those in the Swanbank and New Chum industrial areas are required to have multiple approvals in order to lawfully operate—from both local and state government. Local governments are also responsible for ensuring compliance with development approval conditions.

Has the department engaged with community?

Yes. The department recognises the odour being experienced by the community in and around the Swanbank and New Chum industrial areas is a serious issue and is being addressed as a priority.

The department continues to work closely with the community to address concerns about odour in the Ipswich area including by:

• deploying on-ground compliance and engagement officers to undertake compliance and face-to-face engagement with the local community
• regularly hosting community activations, including monthly information drop-in sessions that connect the Swanbank community with compliance and engagement officers who listen to concerns, answer questions and provide the latest updates about the odour investigation and related environmental regulatory activities in the area
• conducting a community air monitoring program involving community members input
• establishing community groups to work with the department on local odour issues
• publishing a regular newsletter for the community to stay up-to-date with what is happening in the Swanbank area, how they can be involved and find information.

The department thanks the community for their commitment to addressing odour issues and their ongoing odour reporting, which has played a critical role in our compliance and enforcement actions.

Land use responsibilities

Who is responsible for approving development in Queensland?

Local governments are generally responsible for approving new and expanding developments (both residential and commercial/industrial) under their local planning scheme.

Developing land can include making changes to the configuration of land, how it is used, undertaking building work or making operational changes (such as clearing) to the land itself.

The State government will be involved in the development assessment if the development is a State referable development.

What approvals are required to develop land for industrial purposes?

Required approvals vary depending on the specific activity and can include at least two types: development approvals (DAs) governed by the Planning Act 2016 (Planning Act) and environmental authorities (EAs) regulated by the Environmental Protection Act 1994 (EP Act).

Proponents for waste management facilities such as composting and landfill operations must navigate both legislative frameworks, due to the potential impacts to the environment and surrounding land uses.

What is the difference between a developmental approval (DA) and an environmental authority (EA)?

A DA regulates changes in land use, while an EA focuses on managing the environmental impacts of specific activities for that land use. DAs are usually approved by local government, and EAs are generally approved by the Department of Environment, Science and Innovation (the department).

Development Approvals—Planning Act

The Planning Act sets out the rules for how local governments are to draft local government planning schemes.

Local government planning schemes must balance the environmental, social and economic needs of the community. Planning schemes contain planning policies, zoning maps and development assessment codes.

A DA authorises assessable development and must be obtained prior to commencing a development or building work. DAs are in place indefinitely unless the landowner seeks to cancel it, or there are specific conditions requiring the land use to cease. DAs include a range of conditions such as hours of operation, layout of the site, the standard of construction of internal and external infrastructure and some site operational matters.

The Planning Act also establishes the process by which development is referred to the State for assessment.

Environmental Authorities—EP Act

An EA regulates potential impacts on air, water, land, and biodiversity from specific industrial activities that have a higher risk of causing environmental harm or impact on the community – these activities are called environmentally relevant activities (ERAs).

EAs may include requirements for pollution control measures, waste management practices, monitoring and reporting obligations, and compliance with relevant environmental standards.

Schedule 2 of the Environmental Protection Regulation 2019 lists which activities are considered ERAs and require an EA. These include composting facilities (ERA 53 Organic material processing) and landfill operations (ERA 60 Waste disposal).

What role does the department have?

The department is Queensland’s environmental regulator and is generally responsible for regulating ERAs through a range of assessment, compliance, investigation and enforcement activities, in accordance with the EP Act.

During the EA assessment process, the department considers the environment and community impacts of the proposed activity and imposes conditions to prevent or minimise those impacts. EAs are not currently subject to a regular review and can only be amended by the department through consent from the operator or when a specific trigger in the legislation is met.

The department is responsible to manage compliance with EA conditions and responds to breaches of the legislation with consistent and proportionate enforcement action.

Some ERAs have been devolved to local government or are regulated by other state government departments. Activities devolved to local government are listed in section 133 of the Environmental Protection Regulation 2019 and include for example, ERA 6 Asphalt manufacturing. Activities involving primary industry (such as intensive animal feedlotting, pig and poultry farming) are regulated by the Department of Agriculture and Fisheries.

What role do regulatory authorities (local and state government) have in managing encroachment near industrial activities?

Residential encroachment occurs when non-urban areas are rezoned for urban purposes near existing industrial areas.

Encroachment has been occurring near the Swanbank and New Chum industrial areas, where adjacent incompatible land uses are contributing to odour impacts being experienced by the community.

Land use planning is primarily the responsibility of local government. Planning schemes are updated regularly especially in South-East Queensland which has been experiencing high levels of population growth and strong demand for housing.

Local planning schemes have policies and assessment codes relating to distances between urban and industrial uses. Local governments decide how much residential encroachment is acceptable.

The State can prepare planning schemes for housing in Priority Development Areas under the Economic Development Act 2012. The State can also prepare planning schemes for industrial development in State Development Areas under the State Development and Public Works Organisation Act 1971.

The department cannot amend an EA or shut down an activity due to residential encroachment.

Are there recommended buffer distances between residential development and composting or landfill activities?

Yes, the department has published guidelines for industry to use during the planning and designing stages of their operation. These guidelines outline the necessary considerations an operator must make to mitigate impacts to sensitive receptors and the environment, which includes ensuring there are appropriate buffer distances between the site and sensitive areas.

Recommended buffer distances will vary based on several factors such as the type of operation, management processes, site infrastructure and what activities are being undertaken.

Buffer distances stipulated in any guidelines may be adopted in local government planning schemes. However, under the Planning Act, local governments cannot mandate these buffers and each application must be considered against all the environmental, social and economic requirements of the planning scheme.

Relevant guidelines and buffer distances for landfill and composting operations are in the table below.

Community reporting

Why should I make a report?

With the help of reports from the community, the department has identified key operators that are likely responsible for causing odour nuisance.

Reports assist in providing knowledge of who, when, and how they are impacted. All odour reports received by the department are used to correlate trends in odour movement, weather conditions, timing and potential sources of odour. This information allows the department to predict the likelihood of environmental nuisance and target our operations in order to gather information and evidence about what community is experiencing.

It’s important for the community to continue to reporting odour as it occurs to give the department the best opportunity to respond and target compliance activities.

How can I report odour nuisance?

You can report odour nuisance to the department by:

• completing the online environmental reporting form
• contacting the Pollution Hotline on 1300 130 372 (option 3)
• emailing pollutionhotline@des.qld.gov.au.

You can make a report 24-hours a day.

Odour is one type of pollution the department receives reports about. Visit our Reporting pollution information, for more detail about reporting other pollution issues such as noise, dust, water and significant pollution incidents.

What information should I include in my odour report?

When reporting odour, it is important to include as much detail as possible to assist compliance officers in their investigations. This includes:

• your name, contact details and residential address
• where you are currently being impacted
• time and date you experienced the odour
• description and intensity of odour
• where you think the odour is coming from (if known)
• how the odour is impacting on your daily activities.

Every report community provides demonstrates continued impact by neighbouring industries and provides more information that the department can use to conduct investigations, proactive field response during peak odour events and ultimately statutory actions, including taking matters to court, if industry fails to respond.

What happens when I make a report?

The department uses information in odour report to provide insight into the extent of the impact and identify trends that help target our compliance activity in the Swanbank area.

Given the high number of reports we receive, you may not be contacted directly about your report. If you are not contacted after a report, this doesn’t mean that the report wasn’t used – all reports work together to help identify trends and take further action.

If your report is being considered for use as evidence in relation to an investigation and/or related enforcement action, we may contact you to provide a statement.

Air quality monitoring

How is odour related to air quality?

Odour is a kind of air pollution that is made up of a mixture of gases in the air that we can smell. Odour is often influenced by natural processes, meteorological conditions, topography and the time of year.

Odours we can smell are usually a result of volatile organic compounds (VOCs) in the air such as sulphur compounds (e.g. hydrogen sulfide which is often referred to as rotten egg gas), nitrogen compounds (e.g. ammonia) and other organic compounds that can be formed or emitted through composting or landfill operations.

To investigate odour nuisance, it is important to monitor air quality holistically to understand what compounds or pollutants are in the air, what levels they are at, where they may come from and if trends are emerging (e.g. with air movement). These factors, combined with reports to the Pollution Hotline and the department’s on-ground compliance program, help us monitor operator compliance with legislation and meet air quality objectives.

Queensland’s air quality objectives that are listed in the Environmental Protection (Air) Policy 2019, and can be viewed on the Queensland Legislation website.

Are there air quality monitoring stations in the Ipswich area?

Yes, the department has an extensive air quality monitoring network across Queensland, including air monitoring and weather stations in the Ipswich area to assist in determining where odours come from.

An air monitoring network has also been installed in the Swanbank area. The network monitors several factors that impact air quality and support odour detection such as wind direction and speed, temperature, humidity, rainfall, solar radiation and barometric pressure. Parameters measured by some of the stations include VOCs of ammonia and hydrogen, which are major components of unpleasant odours. The department is currently commissioning and integrating the new systems and will keep the community informed when data becomes publicly available.

See where our existing air monitoring network stations are located across Queensland and access the data.

Current investigation results, including live air quality monitoring of hydrogen sulfide can also be viewed.

Is the community involved in air quality monitoring?

Yes, the department has worked with the community, placing hydrogen sulfide monitors in homes, running a program for schools and early education facilities to sample air, and has provided air sampling canisters to residents concerned about air quality impacting their health (PDF, 669.8 KB) . View the investigation results data collected.

Why do we experience more odour in cooler months?

During the transition from summer through to winter, some areas across Queensland may start to experience cool overnight and morning temperatures.

During these periods of cool weather, you may notice a temperature inversion during the night and early morning. A temperature inversion occurs when the earth’s surface cools rapidly, causing the air at ground level to become colder than the air higher up in the atmosphere.

When this occurs, the blanket of warmer air sitting above the ground layer prevents soundwaves, odours and emissions from dispersing vertically into the atmosphere. This might mean that you hear more traffic, see more smoke or haze, or smell more odours during these hours.

If you are interested in the air quality closest to your area view live air quality data.

Health concerns

What should I do if I feel that my health is being impacted?

The department works closely with Queensland Health to ensure community are kept up-to-date with the latest public health advice relating to odour and air quality.

If at any time you believe that you or members of your household are experiencing health impacts associated with the odour, you are encouraged to speak to your doctor who can also contact the West Moreton Public Health Unit.

You can also speak to qualified health staff by calling the Queensland Government’s health advice line on 13 HEALTH (13 432584), which is available 24 hours a day, 7 days a week.

See further information on potential health impacts associated with Swanbank odour.

For more information

How can I stay informed?

Subscribe – we provide regular updates to the community on the progress of our activities through online newsletters. To help us get information to more people in the Swanbank, New Chum and surrounding community we encourage residents to subscribe to the newsletter for updates.

Report – residents are encouraged to report online when they are being affected by odour. Alternatively, the department maintains a 24-hour statewide pollution hotline. To report pollution you can call the 24/7 Pollution Hotline on 1300 130 372 or email pollutionhotline@des.qld.gov.au

Meet – see details on the next regular community drop-in sessions we will be hosting.

Visit – our Swanbank and New Chum web pages which include information about our work in the area, investigation results, previous editions of the online newsletter and links to community reporting, air monitoring, and Media releases.

Email – for further information email engagement@des.qld.gov.au