You have a legal responsibility to ensure that any water intercepted, concentrated and/or diverted by your control structures do not have a detrimental impact on any other properties further down the slope. It is also your responsibility to ensure this water is conveyed to a legal point of discharge. Failure to do this may leave you liable to civil action by affected parties. Seepage water Seepage water is the responsibility of individual property owners. Where sloping blocks have been excavated to obtain a flat yard or building site, seepage drains should be constructed to redirect water to a legal point of discharge. Problem Solving You should liaise with neighbours to address any problems. If you believe you have a storm water drainage issue that cannot be resolved in the first instance by liaising with neighbours, legal advice may be necessary to determine the next step. If legal points of discharge are not available or accessible, drainage easements can be created to direct water across intervening property. It is your responsibility to negotiate these with neighbours. The assistance of a legal advisor is recommended. Although Council has limited powers to intervene in disputes, we are authorised to take appropriate action where breaches of the relevant legislation have occurred. When Council may take action Council will investigate and may take action on a storm water drainage complaint only where it relates to the flow of surface water from one property across the common land boundary onto another property, and where some or all of the following criteria have been met: A man-made structure or drain has directed and/or concentrated surface water in an area that is not a legal point of discharge; Evidence shows that re-directed water has caused or is likely to cause significant soil erosion or physical damage to a building on other land; Surface water is the result of defective roof drainage from a dwelling or outbuilding;
You have a legal responsibility to ensure that any water intercepted, concentrated and/or diverted by your control structures do not have a detrimental impact on any other properties further down the slope. It is also your responsibility to ensure this water is conveyed to a legal point of discharge. Failure to do this may leave you liable to civil action by affected parties. Seepage water Seepage water is the responsibility of individual property owners. Where sloping blocks have been excavated to obtain a flat yard or building site, seepage drains should be constructed to redirect water to a legal point of discharge. Problem Solving You should liaise with neighbours to address any problems. If you believe you have a storm water drainage issue that cannot be resolved in the first instance by liaising with neighbours, legal advice may be necessary to determine the next step. If legal points of discharge are not available or accessible, drainage easements can be created to direct water across intervening property. It is your responsibility to negotiate these with neighbours. The assistance of a legal advisor is recommended. Although Council has limited powers to intervene in disputes, we are authorised to take appropriate action where breaches of the relevant legislation have occurred. When Council may take action Council will investigate and may take action on a storm water drainage complaint only where it relates to the flow of surface water from one property across the common land boundary onto another property, and where some or all of the following criteria have been met: A man-made structure or drain has directed and/or concentrated surface water in an area that is not a legal point of discharge; Evidence shows that re-directed water has caused or is likely to cause significant soil erosion or physical damage to a building on other land; Surface water is the result of defective roof drainage from a dwelling or outbuilding;
Stormwater%20Advisory%20HANDOUT_1.docx