Community questions

For the latest updates on the Department of the Environment, Tourism, Science and Innovation’s (the department) 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
• Health concerns
• About the Swanbank Public Health Inquiry
• Odour reduction in Swanbank, New Chum and surrounds
• Composting regulations
• Land use responsibilities
• Community reporting
• Air quality monitoring
• 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.

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.

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

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 (EP Act), 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 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 could 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 (EP Act) 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(3), is 4,500 penalty units for a non-wilful offence and 6,250 penalty units (or 5 years imprisonment) for a wilful offence, at section 430(2). 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 imposed in previous comparable cases.

Can these operators be shut down?

The Environmental Protection Act 1994 (EP Act) 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 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 plays a critical role in our compliance and enforcement actions.

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.

People with health symptoms are encouraged to visit their General Practitioner, who will be in the best position to assess symptoms and health concerns. You can also speak to qualified health staff by calling the Queensland Government’s health advice line on 13 HEALTH (13 43 25), which is available 24 hours a day, 7 days a week.

Free mental health support is also available at the Ipswich Medical Mental Health Centre located at Level 1/25 Eats Building, Nicholas Street Precinct, Ipswich.

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

About the Swanbank Public Health Inquiry

The Minister for Health and Ambulance Services, the Honourable Tim Nicholls, announced a public health inquiry into odour issues at Swanbank and New Chum Industrial Estate following concerns raised by the community. Former Chief Health Officer Dr John Gerrard will chair the inquiry, supported by an expert panel.

The Department of the Environment, Tourism, Science and Innovation (the department) has been investigating and responding to concerns raised by the community about odours in and around these areas for many years. The department supports the inquiry and has provided information and data as requested.

View further information from Queensland Health, including the Terms of Reference and the process for the Inquiry.

Odour reduction in Swanbank, New Chum and surrounds

In the Ipswich area, particularly around Swanbank, composting facilities are understood to be among the main sources of local odours. Three notable composting operations in the region include NuGrow Ipswich Pty Ltd, Wood Mulching Industries Pty Ltd, and Canerase Pty Ltd.

What long-term relief is underway?

We have secured a clear, enforceable pathway for long-term odour reduction at composting facilities in Swanbank and North Tivoli—one that is expected to deliver significant relief to the community by September 2026.

Through a coordinated approach involving a Court ordered restraint order and updated licence conditions, key composting facilities that have been receiving odorous feedstocks must follow strict timelines to either upgrade their infrastructure or stop accepting odorous feedstock, in line with best-practice waste and compost management.

What steps are being taken right now?

While working towards long-term solutions, we have imposed and are enforcing additional short-term odour control measures, introduced through updated licence conditions to help improve odour management. All composting facilities accepting odorous feedstocks must now meet requirements relating to:

• limitations on the activity’s spatial footprint
• incoming waste receipt and mixing (including timeframes for mixing and placement)
• incoming liquid waste treatment and management (dosing)
• improved initial composting processes (e.g. utilising forced aeration methods during the first 21 days)
• weather station installation (to help determine the best times to carry out odour-generating actions, such as windrow turning)
• development and implementation of several additional plans, including:
  • Feedstock management plan
  • Compost process plan
  • Odour management plan
• biocover placement on windrows
• windrow size limits
• leachate collection and maintenance.

Other composting and soil conditioner manufacturing facilities in the surrounding areas who have made the operational decision not to receive odorous wastes have also had their licences proactively amended to prohibit them from receiving odorous feedstocks for composting as a preventative measure.

The department is continuing strict regulatory oversight to ensure full compliance with all Court-ordered restraints and updated licence conditions.

Key odour mitigation timeframes for composting facilities

Swanbank and New Chum (and northern Ipswich) odour - Timeframes for odour mitigation actions for composting operators
(PDF, 316.2 KB)

What was the NuGrow Court case?

On 1 December 2023, the department filed an application to the Planning and Environment Court (the Court) against NuGrow seeking to restrain composting activities at NuGrow’s Swanbank site to provide the community with relief from odour impacts. The application followed an investigation which included firsthand accounts from more than 70 community members who detailed their experiences about being impacted by nuisance odour.

As part of its application, the department sought urgent interim orders to restrict NuGrow from receiving odorous waste, as well as final orders for enclosed/in-vessel infrastructure for the long-term management of odour. While the Court did not make interim orders, on 12 April 2024, the Court made orders, by consent, finding that NuGrow is a risk of causing odour nuisance to the community unless its activities were restrained. This paved the way for the Court to consider the department’s final orders to determine the most appropriate way to reduce long-term odour impacts on nearby residents.

What was granted by the Planning and Environment Court?

On 18 September 2024, the Court granted the department’s application for a restraint order, which requires NuGrow to improve its operations to prevent nuisance odours from impacting the community, or immediately forfeit the ability to receive and process odorous waste.

The restraint order is the strongest civil action that can be taken by the department under the Environmental Protection Act 1994 (EP Act). Contravening an order issued by the Court is serious and often requires action in response. Under the restraint order, NuGrow forfeits its ability to receive and process odorous waste if it does not upgrade its facility or fails to meet the timeframes for actions stipulated by Court order.

It will take time for NuGrow to seek development approvals from Ipswich City Council and construct the necessary infrastructure to operate as an enclosed facility. However, when complete, all odours from the most intense part of the composting process—from when the waste arrives to the end of the first three weeks—will be contained and treated in accordance with best practice.

What does the restraint order require?

The restraint order outlines a three-stage transitional process to overhaul NuGrow’s operations.

It was amended in May 2025 following an application to the Court by NuGrow to accelerate timeframes for permanent infrastructure, which is a positive step for the Ipswich community.

For NuGrow to continue to receive odorous feedstock, the order requires in-vessel infrastructure for the initial phase of composting to be operational by 18 September 2026. NuGrow must then further enclose areas used for receiving, storing mixing and transferring odorous feedstock by 18 September 2028.

To manage odour in the meantime a suite of progressive interim measures is imposed in the order, in addition to mandating timeframes for permanent infrastructure.

A summary of the three-stage process is outlined below:

Stage 1 – Interim measures

(completed in October 2024)

• All odorous waste (listed in the order) is to be processed on a mobile aerated floor system for a minimum of 21 days.
• The waste liquid receival tank must be routinely dosed with ferric chloride (binds with sulphides) and hydrated lime (controls pH) to neutralise odour.

Stage 2 – Permanent in-vessel system

• By 18 March 2025, NuGrow must lodge all necessary development applications in-vessel and enclosed systems (completed in March 2025) with Ipswich City Council.
• By 18 September 2026, NuGrow must use a permanent in-vessel system (comprising of purpose-built tunnels for the initial pasteurisation phase of composting).
• Dosing of the waste liquid receival tank must continue.

Stage 3 – Permanent enclosed facility

• Within 21 months of obtaining all relevant development approvals but no later than 18 September 2028, NuGrow must use a permanent enclosed system for the receival, storage, mixing and transfer of odorous feedstock.

NuGrow must also implement a monitoring program (temperature and oxygen) to assist maintaining optimum aerobic conditions as part of the interim measures. NuGrow must inform the Court when it has complied with the order.

If NuGrow fails to meet any of these timeframes it will forfeit its ability to receive and process odorous waste.

What changes were made to the restraint order in May 2025?

The original restraint order mandated use of a temporary engineered membrane system by September 2026—as an interim step before permanent infrastructure.

On 23 April 2025, NuGrow filed an application with the Court to amend the restraint order to remove Stage 2 of the order (requiring a temporary membrane) and replace it with accelerated timeframes for part of Stage 3 (an in-vessel system).

On 2 May 2025, an amended final order was granted by the Court with the consent of the parties.

The amended restraint order now requires a permanent in-vessel system by September 2026. NuGrow will still need to use a permanent enclosed system for receiving waste by September 2028.

The original requirements of the restraint order included:

Stage 1 – Interim measures (as above)

Stage 2 – Temporary engineered membrane system

• Continued dosing of the waste liquid receival tank.
• All odorous waste (listed in the order) was to be processed within a temporary engineered membrane composting system for a minimum of 21 days or until pasteurisation is achieved—within 12 months after all necessary development approvals from Ipswich City Council are granted or by 18 September 2026, whichever came earliest.

Stage 3 – Permanent enclosed facility

• By 18 March 2025 NuGrow was to apply to Ipswich City Council for all necessary approvals to construct:
  • a permanent enclosed structure (maintained under negative pressure) for receiving and mixing waste; and
  • either an enclosed facility or in-vessel system for composting odorous waste.
• All odorous waste (listed in the order) was to be processed within the approved permanent enclosed/in-vessel structures for a minimum of 21 days or until pasteurisation was achieved—within 21 months after all approvals being granted but no later than 18 September 2028.

The amendments to accelerate timeframes means that we expect significant improvements in odour from NuGrow’s facility earlier.

What are the key stages in the restraint order process?

December 2023 – Restraint order application made

The department¹ filed a restraint order application in the Planning and Environment Court, supported by over 70 community accounts of experiencing odour.

January 2024 – Application for interim orders heard

The department sought urgent interim orders to halt odour-producing aspects of the composting operation over two days.

February 2024 – Powers and penalties legislation bill introduced

Environmental legislation updates introduced in Parliament to implement recommendations from experts (retired Judge Jones and Barrister Susan Hedge) to strengthen powers and penalties, initiated in part due to odour nuisance in Ipswich, with changes becoming effective in June.

March 2024 – Interim orders not granted

The Court did not grant interim orders, recognising community impacts from odour, and having regard to the financial impacts the interim orders would have on NuGrow and that odour reduction may be achieved by other means, noting the department’s pursuit of final orders requiring enclosed or in-vessel facilities.

May 2024 – Composting regulation review

Consultation undertaken on proposal to strengthen environmental regulation for composting facilities, with Ipswich community members contributing over 60% of community submissions.

August 2024 – Composting regulation updates made

Legislative changes made to establish best practice standards for composting facilities that receive and process odorous waste within 4km of residential zones.

September 2024 – Final restraint orders made

NuGrow consented to final orders being made by the court for building and using enclosed/in-vessel facilities, via a three-stage progressive pathway incorporating interim odour management measures.

May 2025 – Amended final restraint orders made

The Court accepted NuGrow’s application to remove Stage 2 of the order and replace it with accelerated timeframes for part of Stage 3 requiring construction and operation of in-vessel facilities.

¹At the time the application was made the Applicant was the Department of Environment, Science and Innovation (now the Department of the Environment, Tourism, Science and Innovation).

How will the department monitor compliance with the Court order?

The department is responsible for monitoring compliance with the restraint order, in addition to continuing to monitor compliance with the conditions of the EA.

There are various ways in which this will be conducted, including undertaking regular inspections, reviewing information and data, undertaking sampling and laboratory analysis, and conducting odour monitoring.

In addition to authorised officers recording observations and collecting photo/videographic information on site, Remotely Piloted Aircraft Systems (drones) will also be used to collect aerial imagery and gather relevant information on NuGrow’s compliance with the restraint order and EA.

Most odorous wastes are required to be tracked when being transported within Queensland and this information will also be reviewed as necessary.

NuGrow is also required by the restraint order to inform the Court when it has complied with the order.

Will NuGrow be required to comply with the amended Environmental Authority?

Yes. The conditions of NuGrow’s Environmental Authority (EA) issued under the Environmental Protection Act 1994 (EP Act) authorises it to undertake composting and must be complied with at all times.

Amendments have been made to the EA to include a suite of improved odour management conditions that align with the order and the stronger composting regulations introduced last month.

NuGrow must comply with all of its environmental obligations at law, including the Court order, the EA, and any other approvals issued by relevant agencies or local government.

What happens if the infrastructure isn’t approved by Ipswich City Council?

The restraint order requires all the necessary approvals be sought for the infrastructure to allow NuGrow to receive and process odorous waste at the site.

If the proposed infrastructure doesn’t meet Ipswich City Council’s standards for assessment, or the timeframes in the order are not met, NuGrow must stop receiving and using odorous waste.

What happens if NuGrow doesn’t build the infrastructure?

The restraint order prohibits NuGrow from receiving odorous waste if the milestones in the order are not met. The restraint order only requires the infrastructure to be built by NuGrow if it wishes to continue receiving and processing odorous waste at the site. NuGrow maintains the option to cease receiving odorous waste at any stage, in which case the infrastructure is not required.

What happens if NuGrow’s build is incomplete, but a timeframe is reached?

The requirements of the restraint order set by the Court are final. If infrastructure is not built and operational within the required timeframes, NuGrow must stop receiving odorous waste or in will be in non-compliance with the order.

What will stop NuGrow seeking extensions to the timeframes?

NuGrow agreed to the timeframes set within the order that contemplate approval processes and construction timeframes. In the event that NuGrow is unable to build the necessary infrastructure within the timeframe, it must immediately cease receipt of odorous waste.

If NuGrow wishes to change the requirements of the order, it must seek an amendment through the Court. The department does not have the authority to change the requirements of the order.

What if NuGrow fails to comply with the order or with a condition of its EA?

Under the restraint order, NuGrow forfeits its ability to receive and process odorous waste if it doesn’t upgrade its facility or fails to meet the timeframes for actions stipulated in the order.

If NuGrow continues to receive odorous waste, it would be in contravention of the order.

Under section 930 of the Uniform Civil Procedure Rules 1999, if the court decided that NuGrow was in contempt of court for failing to comply with the order, it may punish NuGrow by seizing its property or issuing a fine or both. The court may also make an order for punishment on conditions. It is also an offence under the EP Act to fail to comply with a restraint order, with the maximum penalty that a court can impose being 3,000 penalty units, totalling $2,503.500 for a corporation.

Under section 430 of the EP Act, it is an offence to contravene a condition of an EA. The maximum penalty that a court can impose for wilfully contravening a condition of an EA is 6,250 penalty units totalling $5,215,625 for a corporation (as at 1 July 2025).

In addition, as a result of legislative changes to strengthen requirements for composting facilities made in July 2024, it is unlawful for waste transporters to take odorous waste to a site that is not authorised to accept it (section 93A of the Environmental Protection Regulation 2019).

What is odorous waste?

Odorous waste (also called odorous feedstock) is a list of wastes considered to have a high potential for causing odour when used in a composting process.

The wastes listed in the order reflect the odorous feedstock listed in Schedule 18A of the Environmental Protection Regulation 2019, and include for example, animal manure, abattoir waste, grease trap waste, food processing waste and biosolids.

How will dosing and aeration be effective in minimising odour and what other interim measures can be implemented to help reduce the odour?

In open windrow composting, proper dosing and aeration can act to minimise odours by maintaining optimal microbial activity and preventing anaerobic conditions, which are the primary cause of foul smells.

Under the restraint order, liquid receival tanks must be dosed with ferric chloride. Ferric chloride is typically used in the settling and clarification of drinking water, process water, and wastewater treatment units before treatment. It binds to solid particles and settles them out of the water. When used in odour suppression, ferric chloride reduces odour by altering the chemical reaction. Odours are generated from liquid waste when hydrogen sulphide is produced (the gas responsible for ‘rotten egg odours’) however ferric chloride binds with sulphides in the liquid waste to form a stable, insoluble form that settles out instead of forming the odorous hydrogen sulphide.

Aeration plays a key role by supplying oxygen to the composting material, facilitating aerobic decomposition, which generates fewer odorous gases compared to anaerobic processes. Techniques like using forced aeration systems (such as that with the mobile aerated floor system required by the order) help maintain proper oxygen levels and temperature, further minimising odour.

The use of biocovers, such as wood chips or mature compost over the composting windrow, acts as a natural filter, trapping odorous gases and promoting microbial activity that breaks down these compounds. These covers also help to regulate moisture, which is also essential for controlling odour.

Additionally, NuGrow is required to implement a monitoring program to track temperature and oxygen levels to ensure the composting process remains within optimal parameters. Implementing stockpile size limits is also a requirement and crucial, as overloading piles can lead to insufficient aeration and increased anaerobic conditions, resulting in stronger odours. By managing these factors, NuGrow can significantly reduce its odour footprint from its open windrow composting while maintaining efficient organic matter breakdown.

Why is in-vessel and enclosure considered best practice?

Odour emissions can vary significantly throughout the composting process. Over the life of a stockpile, odour emissions typically start out relatively high, depending on the type and freshness of the feedstocks, and can increase further as the thermophilic (high temperature) composting stage progresses. Once the thermophilic stage has concluded and the compost enters the curing or maturation stage, odour emissions begin to decrease until they reach an earthy character of background concentration levels.

In-vessel and enclosed systems are considered best practice as they capture air and gaseous emissions coming from the stages and processes with the highest odour emission potential, allowing for treatment prior to release. In-vessel and enclosed systems are most effective in minimising or preventing odour nuisance when using odorous feedstocks, especially when located near residential areas.

How does in-vessel and enclosure work? What areas are covered?

In-vessel and enclosure systems require installing infrastructure that captures and treats odour before air is released to the environment. They target specific parts of the composting process that have the highest risk of causing nuisance odour, and include waste receival areas, initial mixing bays, and areas where organic material is undergoing thermophilic stages of decomposition (typically the first 21 days).

An enclosed system involves constructing a building (or part of a building) where negative pressure is used, while an in-vessel system is one where the composting material is both covered or contained (e.g. in a vertical silo, drum, box or similar container) and is composted in a way that captures, filters or otherwise controls the release of gases.

These systems do not mean that there will be no odour being released but significantly reduce the potential for odour to cause a nuisance.

Once a composting stockpile reaches its curing or maturation stage the risk of odour decreases and as such will not need to be kept in an enclosed or in-vessel system.

Composting regulations

During May and June 2024, statewide community and industry consultation was held about proposed changes to Queensland’s composting legislative requirements for composting facilities near residential areas.

More than 60 per cent of respondents were Ipswich residents.

More than 93% of community and more than 70% of industry and local government responses supported stronger regulations.

In August 2024, stronger regulations for composting facility standards were introduced.

These changes will help reduce the impacts of odour from composting facilities by requiring new and expanding operations that receive odorous waste within four kilometres of a residential zone to use in-vessel or enclosed processing.

The changes also provide an additional ground for us, as Queensland's environmental regulator, to update the environmental authorities of existing composting facilities to require them to move to in-vessel or enclosed processing and ensure transporters of odorous waste do not take waste to sites that do not meet this standard.

View more information about the changes and to view the consultation report.

Information about the changes was also in the 3 August 2024 and 12 August 2024 Swanbank and New Chum odour update newsletters.

We understand the Ipswich community’s strong interest in this regulatory change, which was largely influenced by the ongoing issues being experienced in the area and have updated this page with some commonly asked questions.

How are the composting regulations being implemented?

The new regulations strengthen new or amended environmental authority (EA) applications and provide grounds to improve existing EAs to require composters near communities to operate in line with best practice.

For new or expanding facilities within four kilometres of a residential zone, the department must consider imposing conditions for enclosed or in-vessel systems, or conditions to prohibit odorous feedstocks from being accepted, as part of the application assessment process.

Existing EAs will be reviewed and conditions amended on a site-by-site basis. To do this, a legislative process must be followed and operators have the right to seek a review or appeal any decision to include additional conditions.

We are working on implementing the changes to relevant operators’ EAs and remain hopeful that composters will act in line with the community’s expectations to voluntarily improve their operations and reduce odour impacts.

Will in-vessel and enclosed systems mean no smell?

Enclosed or in-vessel processing is considered best practice for composting odorous feedstock. Enclosed and in-vessel systems capture the overwhelming majority of smells produced while composting to minimise the risk of odours travelling to nearby communities. However, they do not mean that absolutely no odour will be produced by the facility, but rather, that the community’s experience will be significantly improved.

Will the stronger regulations apply to all composting facilities in Swanbank?

Where they are located within four kilometres of residential area and using odorous feedstocks, these regulations will apply. While these regulations will apply to most facilities in Ipswich, not all operators are using odorous feedstocks in which case the regulations would not apply.

When will the stronger regulations be implemented?

The changes came into effect in July 2024 and apply immediately when we consider EAs for new or expanding operations, however it will take time to progressively improve existing EAs in line with the new regulation.

We have taken court action against NuGrow Ipswich Pty Ltd to secure the use of an in-vessel and enclosed system, and have amended EAs of other companies including Wood Mulching Industries Pty Ltd and Canerase Pty Ltd (Candy Soil) to bring their operations to best practice and to meet community expectations.

The changes will not affect composting facilities that are located more than four kilometres away from residential zones, or that are not receiving odorous waste.

What type of action would be taken for non-compliance and what penalties would apply?

If an EA has been updated to include a requirement to use in-vessel or enclosed systems for processing odorous waste, then the operator must comply with that condition. Breaching a condition of an EA, is an existing offence under the Environmental Protection Act 1994 (EP Act).

Enforcement action taken by us in response to non-compliance with a condition of an EA would be guided by the DETSI enforcement guidelines.

The offence for non-compliance with a condition of an EA is in section 430 of the EP Act. The maximum penalties for a wilful contravention are $1,043,125 or five years imprisonment for an individual and $5,215,625 for a corporation and or a corporation for a non-wilful contravention $751,050 for an individual and $3,755,250) (as at 1 July 2025). Any penalty imposed is at the court’s discretion and based on a number of factors.

We can also now issue an Environmental Enforcement Order (EEO) or utilise other compliance tools available under the EP Act to secure compliance and improve on-site practices.

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 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 the Environment, Tourism, 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 Primary Industries.

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@detsi.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 in the Swanbank and New Chum areas are usually a result of volatile organic compounds (VOCs), 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 industrial activities including 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 monitoring network across Queensland and has a specific air monitoring network for Swanbank and New Chum areas in Ipswich.

Information on the Swanbank air monitoring network, including live data can be viewed at Current investigation results, including live air quality monitoring.

Is the community involved in air quality monitoring?

Yes, the department has worked with the community, and has previously placed hydrogen sulfide monitors in homes, ran an air sampling program for schools and early education facilities, and provided air sampling canisters to residents concerned about air quality impacting their health. 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.

For more information view Influence of meteorology on air quality – Inversions.

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@detsi.qld.gov.au.

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@detsi.qld.gov.au.