ARTICLE · 21 APRIL 2021

Environmental nuisance and your rights

McCarthy Durie Lawyers

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Environmental nuisance is an unreasonable interference or likely interference with the physical quality of the environment.

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More than 150mm of rain fell on Brisbane in the month of February followed by more than 300mm in March. While wet conditions are not unusual for South East Queensland, the volume and constancy of rain can create aggravation for home owners suffering from storm water issues, overland flooding and nuisance run off water problems from failing retaining walls, raised concrete driveways, neighbouring blocks or public lands.

The following information should help you to understand what is "environmental nuisance", what are your rights if you are affected by environmental nuisance such as storm water flooding, what are your obligations as a home owner, what you can do to rectify the problem and whether you might be entitled to compensation for damage caused to your property.

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