Smoke from BBQ’s and smoking are the same ‘nuisance’ not always policed within bylaws.
Not strictly true. Despite Fair Trading’s media advisers telling us that smoke from balconies would be banned in the “new” NSW laws that came in in 2016 – sparking “they’re coming after your barbie” scare stories – when the law landed it referred only to “smoke from smoking”.
Section 153, “Owners, occupiers and other persons not to create nuisance”, says: “Depending on the circumstances in which it occurs, the penetration of smoke from smoking into a lot or common property may cause a nuisance or hazard and may interfere unreasonably with the use or enjoyment of the common property or another lot.”
I wish barbecue smoke was included but the meat-burners of the world get hysterical if you even hint that they may not have the right to fill your apartment with their stink.
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