Demolition work, construction work and vacant sites are all susceptible to emitting sand and dust. It is the property owners responsibility to ensure that appropriate measures are undertaken to ensure that this nuisance is kept to an absolute minimum.
This means that all susceptible sites may need to be watered during demolition or construction while vacant sites must be suitably treated to stop sand and dust escaping the property.
Penalties may be imposed if it is found that sand and / or dust has been or is causing a nuisance. Please refer to the Shire of Esperance Private Property Local Law part 7 Sand Drift and Litter Control, which reads:
“7.1 Wind blown sand
No person shall allow any land in the district to be kept in such a condition so as to allow soil or dust to be released or escape whether by means of wind, water or other causes, from that land onto adjoining or nearby land.
7.2 Soil to be retained
(1) Unless authorised by a building licence issued under the Local Government (Miscellaneous Provisions) Act 1960 or otherwise authorised by law, no person shall cause land in the district to be excavated, filled or kept in such a condition so as to:
(a) undermine the land adjoining; or
(b) to allow the fill to spill onto the land adjoining.
(2) The adjoining land is to be taken to be affected by the events listed in sub clause (1) if:
(a) the local government considers that the embankment resulting from the fill or excavation exceeds the natural angle of repose of the soil and consequently is likely to result in a change in level of the adjoining land, or
(b) the local government considers that a change in level has occurred.
(3) Where a person causes a change in the level of land at the boundary, the land so excavated or filled shall be retained to the satisfaction of the local government.”