Stormwater – Pollution and Run-Off

Pollution

Complaints from customers regarding pollution of stormwater due to sediment run-off or pollution from building sites, business waste, coal dust, oil or other sources should be referred to Council’s Environmental Protection Officer.

Run-off

Council often receives queries and complaints regarding stormwater runoff from neighbouring properties. If stormwater follows the natural contours of the land, this is determined as natural sheet-flow and Common Law determines this acceptable.  A property lower than another neighbouring property has to accept this flow of water.

It is a Common Law issue that Council has no jurisdiction when the natural sheet-flow of stormwater is altered or directed by situations such as retaining walls, solid style fences, gardens, earthworks, building structures.

Council will investigate matters of dilapidated guttering and down pipes, unapproved building structures, possible excessive fill. However, this may not resolve the problem, and it still may remain a civil matter.

It is the landowner’s responsibility to ensure the rain falling on their property is adequately drained to a suitable location such as the kerb and channelling abutting their property or captured into a catchment area such as a spoon drain or pit on their property and further directed toward the roadside stormwater drain, or distributed as sheet flow if land does not permit access to stormwater catchment areas.  Issues of this type of complaint are a civil law matter and Council cannot enforce.

It is in the property owner’s best interest to consult with neighbours prior to any development on their property and discuss potential stormwater runoff, which may cause damage or nuisance in the event of heavy rain.

Should Council receive stormwater queries or complaints, the information is entered into Council’s electronic complaint system (Pathway) and investigated by Council.