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Urban Drainage Bill 2013
Clause Notes
Part 1 Preliminary
Short title
Clause 1
This clause specifies the title of the Act.
Commencement
Clause 2
The Act commences upon Royal Assent.
Interpretation
Clause 3 This clause provides the definitions for key terms and phrases used
throughout the legislation.
Objects of Act
Clause four states the objectives of the Act, namely to ensure the
Clause 4 provision of sufficient stormwater services in urban areas to reduce the
risk of flooding due to stormwater, with stormwater services to be
delivered in a manner that is consistent with the Resource Management
and Planning System of Tasmania.
Part 2 Obligations of Stormwater Service Providers
Council to provide adequate stormwater systems
This clause requires councils to provide effective stormwater services that
minimise the risk of stormwater flooding in the council's urban areas.
Clause 5
If a complaint is made to the Minister that a council has been substantially
derelict in providing sufficient stormwater services to effectively drain an
urban area, the Minister may investigate the complaint and if necessary
take action to rectify the issue.
Provision of stormwater services
This clause clarifies that councils are obligated to maintain public
stormwater systems in good working order.
The clause clarifies that a council may utilise the infrastructure of a third
party to ensure adequate stormwater services are provided, but it does
Clause 6 not authorise a council to utilise a third party's infrastructure without that
party's consent.
In addition the clause ensures that a third party infrastructure owner can
not unreasonably refuse a council access to their infrastructure. If there is
a belief that access to infrastructure is being unreasonably denied, either
party may refer the matter to a commercial arbitrator, appointed in
accordance with the Commercial Arbitration Act 2011.
Negotiation for provision of stormwater services
Clause 7 Clause seven outlines the process that must be followed where a council
or a third party provider of stormwater services wishes to initiate
negotiations for the provision of stormwater services between the two
parties. To initiate the formal negotiation process either party may serve
a written notice on the other which sets out the general terms and
conditions, and any other prescribed matters, of a proposed agreement
for the provision of stormwater services by the third party provider.
Provision where commercial arrangements cannot be agreed
Clause eight describes the process that must be followed where a
commercial arrangement cannot be reached between a council and a
third party for provision of stormwater services. The matter can be
referred to a commercial arbitrator if more than six months has passed
since the notice outlined in clause seven was served or if in the council's
opinion consent to use the third party infrastructure is being unreasonably
withheld.
The clause outlines matters that an arbitrator can determine and lists a
number of factors that the arbitrator must take into account when making
Clause 8 a determination in relation to specified infrastructure.
In trying to achieve the best outcome for the community, an arbitrator is to
take into account: the rate of return on council owned stormwater assets
in Tasmania, that assets will be renewed over time, that the service
provider should be able to recover its reasonable costs, that both parties
can continue to execute their statutory obligations, that a charge applied
for providing a stormwater service takes into account the costs paid by
other customers of that service and any other matter as prescribed.
In making a determination the arbitrator is to seek advice from the
Department of Primary Industries, Parks, Water and Environment and the
Tasmanian Economic Regulator and any other persons they think fit.
Local government authorities for delivery of stormwater services
Clause 9 Clause nine provides that nothing in this Act limits a council's ability to
establish a single or joint authority as outlined in the Local Government
Act 1993.
Stormwater system management plans
Clause 10 provides that councils will be required to develop stormwater
management plans for the urban areas of their municipalities within six
years of the Act commencing.
Clause 10
The stormwater management plan is to include an asset management
plan for the stormwater system and outline the level of risk from flooding
for each of the urban stormwater systems. Additional matters as outlined
in regulations or that a council wishes to include may be added to the
stormwater management plan.
Power of council to adopt stormwater systems
This clause provides that councils may enter into an agreement to adopt
stormwater assets constructed by others as part of a development or that
Clause 11 are part of a private stormwater system. Once adopted the assets will be
part of the council's stormwater system. A council cannot, without the
other council's consent, adopt assets that are located within another
municipality.
Furthermore, the clause details that where a person proposes to construct
stormwater infrastructure that a council wishes to adopt, the council may
impose specifications that ensure the infrastructure is constructed to the
council's satisfaction. If the person is not satisfied with the council's
conditions they may appeal these through the Appeals Tribunal.
Council to maintain maps
Clause 12 Clause 12 provides that councils must maintain a publicly available map
of their stormwater system(s). The map must include those portions of
waterways that have a primary role as part of a stormwater system.
Part 3 Powers of Stormwater Service Providers
Protection of stormwater assets
This clause provides protection for a council's stormwater systems by
requiring anyone wishing to undertake works or build a prescribed
structure within a metre of stormwater infrastructure to obtain the council
general manager's consent prior to commencing work. This does not
apply to minor works.
If a person has undertaken works or built over part of the stormwater
system, the general manager may issue a notice to the person giving a
Clause 13
minimum of 28 days to remove or remedy the works, rectify any damage
or reinstate the stormwater system.
If a person does not comply with the notice the council may undertake any
necessary works and recover the cost of the work from the person.
Penalties may also apply.
This clause does not stop a person from undertaking maintenance of
existing structures under which part of a stormwater system has
previously been constructed.
Interference with public stormwater systems
This clause provides protection for a council's stormwater systems by
requiring anyone wishing to connect any works to a stormwater system or
to alter or remove any part of that system to obtain a council general
manager's consent prior to commencing work. If a person interferes with a
stormwater system the general manager may issue a notice to the person
Clause 14
giving a minimum of 28 days in which to rectify any damage or stop
discharging into the system.
The clause provides that if the person does not comply with the notice the
council may undertake the necessary works to remove a connection or
remedy the damage to the stormwater system and recover the cost for the
work from the person. Penalties may also apply.
Power of authorised officers to carry out work on or adjacent to
public land
Clause 15 provides that an authorised officer may enter and remain on
Clause 15 public land or a waterway located on or adjacent to public land, for the
purposes of undertaking construction or installation of stormwater
systems, operational or protective works on a stormwater system or
operational or protective works on the land in which a stormwater system
is located, or for carrying out investigations relevant to the provision of a
stormwater service.
The clause provides that an authorised officer must give seven days
notice in writing prior to entering and remaining on public land, with the
notice to outline the reason for entering the land and the proposed time
and date for the works to take place. An authorised officer may only enter
onto public land between the hours of 7am and 7pm and must obtain the
agreement of the authority that is responsible for the land on how the
works are to be carried out prior to commencing. If there is an emergency
situation on public land an officer may enter onto it at any time to rectify
the problem.
An authorised officer may enter onto public land without prior notice if they
are undertaking inspections of existing stormwater systems or are
carrying out pre-construction inspections of land where a council intends
to construct stormwater infrastructure.
The clause makes provision for an authorised officer to take any other
persons or equipment onto public land that they consider necessary or
appropriate to carry out the desired work on the stormwater system.
An authorised officer must carry a specified identity card when entering
public land and show it when requested.
The clause provides that a council has an obligation to make good any
damage caused by works on the stormwater system or pay reasonable
compensation for the damage to the responsible authority. If the
responsible authority and council do not agree on the level of
compensation, or the council refuses to pay compensation, the
responsible authority may make good the damage themselves and
recover the costs from the council.
Power of authorised officers to enter private land, &c.
Clause 16 provides that an authorised officer may enter and remain on
private land or a waterway located on or adjacent to private land, for the
purposes of undertaking construction or installation of stormwater
systems, operational or protective works on a stormwater system or
operational or protective works on the land in which a stormwater system
is located, or for carrying out investigations relevant to the provision of a
stormwater service.
An authorised officer must give seven days notice prior to entering and
remaining on private land. An authorised officer may enter onto private
land without prior notice if they are undertaking inspections of existing
Clause 16 stormwater systems or are carrying out pre-construction inspections of a
property where a council intends to construct a stormwater infrastructure.
Generally, an authorised officer may only enter onto a property between
the hours of 7am and 7pm. However, an authorised officer may enter
onto private land outside of these times if the general manager
determines that the works could be carried out more effectively outside of
these hours. If there is an emergency situation on a property an
authorised officer may enter onto a property at any time to rectify the
problem.
The clause makes provision for an authorised officer to take any other
persons or equipment onto a property that they consider necessary or
appropriate to carry out the desired work on the stormwater system.
An authorised officer must carry a specified identity card when entering
private land and show it when requested.
The clause provides that a council has an obligation to make good any
damage to a property caused by works on the stormwater system or pay
reasonable compensation for the damage to the property owner. If the
property owner and council do not agree on the level of compensation, or
the council refuses to pay compensation, the property owner can take
their claim to the appropriate court.
Power to undertake construction of public stormwater systems
This clause provides that if in a council's opinion an urban area is not
adequately serviced by the existing public stormwater system, a council
may undertake any stormwater works it sees fit to ensure the area is
Clause 17
adequately serviced.
The clause requires that before a council begins construction of a new
portion of a public stormwater system it is to provide a minimum of 28
days notice to all residents who may be affected by the works.
Matters not to be put into drains
Clause 18 Clause 18 states that nothing but stormwater may be discharged into a
stormwater system, unless the relevant council general manager has
given permission to do otherwise. Penalties may apply.
Part 4 Connections
Connection to stormwater service
This clause provides that any property that is located within 30 metres of
an existing public stormwater system can be connected to that system, if
it is reasonable to do so. The council or third party provider owner of the
system may set an appropriate fee for the cost of providing the
stormwater connection, with the property owner to pay this fee prior to the
Clause 19
connection being provided.
The clause also provides that if a council wishes to abandon a portion of a
public stormwater system, the council must ensure that any properties
connected to the portion to be abandoned are provided with an alternative
and equally effective connection point. Any works required to connect the
property to the new connection point will be at the council's expense.
Limits on connection point
Clause 20 prescribes that a private stormwater system is to only service
one property and must be wholly contained within that property, unless
the council general manager has given permission for the system to
Clause 20 service more than one property.
The clause also provides that a property will only be provided with one
connection point to the public stormwater system unless the council
general manager has given permission for the property to be serviced by
more than one connection.
Requirement to connect
Clause 21
The clause provides that where a property is not connected to a public
stormwater system a council general manager may issue a notice to
require it to connect to the system to reduce the flooding risk to properties
within that stormwater catchment. For a property to be required to
connect to a public stormwater system it must be located with 30 metres
of that system.
The clause states that if the property owner does not comply with the
notice the council may undertake the necessary works to connect the
property and then reclaim the cost of the work from the property owner.
Penalties may also apply. This requirement is appealable.
Requirement to disconnect
The clause provides that if a property owner has made an illegal
connection to a public stormwater system or in the council general
manager's opinion a property's connection is a health and safety or
environmental risk or has the potential to cause damage to a public
stormwater system, the general manager may require the property owner
Clause 22 to remove the connection.
The clause provides that a general manager may issue a notice to a
property owner to remove a property's connection to a system. If the
property owner does not comply with the notice the council may
undertake the necessary works to disconnect the property and recover
the costs for the work from the property owner. Penalties may also apply.
This requirement is appealable.
Part 5 - Miscellaneous
Clause 23 Property owners not to direct stormwater onto neighbouring
properties
This clause provides that a property owner must not create a nuisance for
neighbouring properties by directing stormwater from their property onto a
neighbouring property.
If a property owner does direct stormwater onto a neighbouring property
creating a nuisance, the council may issue a notice to the property owner
giving 28 days in which to stop causing a nuisance. The council has the
power to undertake the necessary works to rectify the problem and then
reclaim the cost of the work from the offending property owner. Penalties
may also apply.
Clause 24 Regulations
This clause provides the Governor with the power to make regulations to
assist or provide direction in the operation of this legislation.
Clause 25 Consequential Amendments
This clause identifies that schedule two contains consequential
amendments.
Legislation repealed
Clause 26 This clause identifies that schedule three contains a listing of the
legislation that is to be repealed when this Act comes into force.
Consequential amendments of regulations do not prevent their
subsequent amendment
Clause 27 This clause specifies that the consequential amendments to regulations
as described in this Act do no prevent those regulations being amended
by subsequent regulations.
Administration of Act
Clause 28 Clause 27 specifies that the Minister for Primary Industries and Water and
the Department of Primary Industries, Parks, Water and Environment are
responsible for the administration of this Act.
Schedule 1
Objectives of Resource Management and Planning System of Tasmania
This clause lists the Resource Management and Planning Objectives.
Schedule 2
Consequential Amendments
This schedule lists the amendments to other legislation that will be required with the
introduction of the Urban Drainage Act.
Building Regulations 2004
Schedule 5 amended (Fees)
Clause 1 This clause amends Schedule 5 of the Building Regulations by omitting
item 2 in Part 3, which refers to fees that apply for appeals made under
the Drains Act 1954.
Local Government (Building and Miscellaneous Provisions) Act
1993
Section 3 amended (Interpretation generally)
Clause 1 This clause amends S.3 of the Local Government (Building and
Miscellaneous Provisions) Act by adding a definition for public stormwater
system that is consistent with the Urban Drainage Act 2013.
Section 86 amended (Security for payment)
This clause amends S.86 of the Local Government (Building and
Clause 2 Miscellaneous Provisions) Act by omitting definitions that are consistent
with the Drains Act 1954 and replacing them with definitions that are
consistent with the Urban Drainage Act 2013.
Part 8, Divisions 3 and 4 repealed
Clause 3 This clause repeals S.248, S.249 and S.251 of the Local Government
(Building and Miscellaneous Provisions) Act as these clauses are now
addressed by the Urban Drainage Act 2013 and are no longer required.
Local Government (General) Regulations 2005
Regulation 3 amended (Interpretation)
This clause amends Regulation 3 of the Local Government (General)
Clause 1 Regulations by adding definitions for connection point, private stormwater
system and public stormwater system that are consistent with the Urban
Drainage Act 2013.
Schedule 7 amended (Questions)
This clause amends Part 5 of Schedule 7 of the Local Government
(General) Regulations by omitting reference to the Drains Act 1954 and
Clause 2 replacing it with reference to the Urban Drainage Act 2013. The clause
also ensures that the terminology used to describe stormwater
infrastructure in this schedule is consistent with the Urban Drainage Act
2013.
Local Government (Savings and Transitional) Act 1993
Section 37 amended (Water districts)
Clause 1 This clause amends S.37 of the Local Government (Savings and
Transitional) Act by removing reference to the Launceston Limited
Sewerage District as this is now redundant.
Local Government Act 1993
Section 96 amended (Interpretation of Division 4)
Clause 1 This clause amends the Local Government Act by omitting the definition
of drainage district and replacing it with a definition for public stormwater
system.
Section 97 amended (Construction rate and charge)
This clause amends S.97 of the Local Government Act by omitting "within
Clause 2 a drainage district" from subsection 1. The clause also omits "council's
pipe supplying a drain connection" from subsection 1 and "drain" from
subsection 2 and substitutes "public stormwater system" in both
subsections.
Section 98 amended (Limits on construction rate and charge)
Clause 3 This clause amends S.98(1) of the Local Government Act by omitting
reference to "drainage districts" and substituting "that is within 30 metres
of a public stormwater system" where appropriate.
Section 99 amended (Rebates and discounts)
Clause 4
This clause amends S.99 of the Local Government Act by omitting "drain"
from paragraph (a) and substituting "public stormwater system", and by
omitting "council pipe" from paragraph (b) and substituting "public
stormwater system".
Section 208 amended (Council map)
Clause 5 This clause amends S.208(2) of the Local Government Act by omitting
"section 13 of the Drains Act 1954" and substituting "section 12 of the
Urban Drainage Act 2013".
Plumbing Regulations 2012
Schedule 4 amended (Fees)
Clause 1 This clause amends Schedule 4 of the Plumbing Regulations by omitting
item 4F, which refers to fees that apply for appeals made under the
Drains Act 1954.
Schedule 3
Legislation repealed
This schedule specifies that the Drains Act 1954 is to be repealed.