The foul smell that was reported in the complaint may trigger health problems similar to what was experienced in another illegal dumping case in Australia wherein “foul smells and smoke clouds… closed schools and caused headaches and asthma attacks (Thornton, McKeown, Phelan, 1997, p 85). ” The presence of this dumpsite can also threaten environmental protection action. This provides a new set of problems in a place which previously do not have environmental concerns to deal with.
Because of the contents of what was being piled in the dump site, there is a serious threat of contamination, as well as varying degrees and levels of pollution in different aspects. This will make environment protection action to draft an action plan, allot money and execute plans so that the impact do not go from bad to worse and control efforts take place soon to prevent a full scale environmental health problem from becoming a reality because of this dump site.
The presence of this particular problem requires an investigation plan so that private individuals, groups, government entities and other stakeholders and participants, involved in this problem, are notified and proper course of action is undertaken to address the problem. There are legislations that protect the environment and empower persons who are authorized to take action so that the environment is protected from unlawful acts that can harm the environment and jeopardize environmental health.
These laws either provide the Environmental Health Officer (EHO) a direct power that it can exercise and use to go after possible offenders of the environmental health protection laws; while some are bigger powers which is beyond the power and jurisdiction of an EHO but is something that can be exercised by the higher state or national agencies that work hand in hand with the EHO in the pursuit of possible law breakers and offenders.
The Burnett Shire Council has several local laws and policies which are pertinent in this case. A very good example of this is the Local Law Policy No. 14 (Control of Nuisances). According to this particular law which was created “to protect the environment, and public health, safety and convenience, by eliminating or reducing nuisances (Local Law Policy No 14, p1),” These aspects are found in the case at hand like noise, smoke visual pollution, should be properly controlled and regulated.
The people who are executing these activities should secure permit from the local government so that they would be informed about the responsibilities, like minimizing the effects of the nuisances, advising the people in advance about what was set to happen and what they should expect from it, and first and foremost, determining whether what they intend to do is lawful or otherwise.
There are also other laws that will be involved in the analysis of this particular problem. There is the Bundaberg Local Law No 23, which is deals with nuisances like filth and smoke and other nuisances and obliges house and establishment owners about their responsibility to keep their property clean. This also explains the fact that there are designated waste dumping sites. These are the only places which should accommodate wastes.
Because the case may involve flammable objects left in the open air and deposited on land, the Bundaberg Local Law No. 25, addressing the fact that it is unlawful to pose anyone or anything in danger of fire by depositing flammable objects in open air and on land, will also come into play. The penalties for violation on this particular local law include payment of certain amounts as form of penalty for the unlawful action(s) (Bundaberg Local Law No. 25, p. 3).