Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 78

78 No connecting sewerage to stormwater drain

(1) The owner of a property must not connect the sewerage installation for property, or allow the sewerage installation for the property to be connected, to any part of—

(a) the stormwater installation for the property; or

(b) the stormwater drain of the local government.

Penalty—

Maximum penalty—165 penalty units.

(2) A
"sewerage installation" is any of the following—

(a) an on-site sewage facility within the meaning given in the Plumbing and Drainage Act ;

(b) a sewer for a property or building unit;

(c) sanitary plumbing i.e. any apparatus, fittings, fixtures or pipes that carry sewage to a sanitary drain;

(d) sanitary drainage i.e. any apparatus, fittings or pipes for collecting and carrying discharges—

(i) from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or

(ii) from sanitary plumbing to an on-site sewerage facility or a sewerage treatment system.

Examples of apparatus, fittings or pipes for sanitary drainage—

• disconnector gullies

• bends at the foot of stacks or below ground level

• pipes above ground level that are installed using drainage principles

• for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility

(3) The owner of a property who becomes aware that the sewerage installation for the property is connected to any part of—

(a) the stormwater installation for the property; or

(b) the stormwater drain of the local government;

must, as soon as reasonably practicable, take all necessary steps to disconnect the facility, drainage or sewer from the stormwater installation or drain.

Penalty—

Maximum penalty—165 penalty units.

(4) If the sewerage installation for property is connected to any part of—

(a) the stormwater installation on the property; or

(b) the stormwater drain of the local government;

the local government may, by notice, require the owner of the property to perform the work stated in the notice, within the time stated in the notice.

(5) The time stated in the notice must—

(a) be a time that is reasonable in the circumstances; and

(b) be at least 1 month after the notice is given to the owner.

(6) However, the time stated in the notice may be less than 1 month but must not be less than 48 hours if the work stated in the notice—

(a) is required to stop a serious health risk continuing; or

(b) relates to a connection that is causing damage to the local government’s stormwater drain.

(7) The work stated in the notice must be work that is reasonably necessary for fixing or otherwise dealing with the sewerage installation, including for example—

(a) work to remedy a contravention of this Act; or

(b) work to disconnect something that was connected to a stormwater drain without the local government’s approval.

(8) The owner must comply with the notice, unless the owner has a reasonable excuse.

Penalty—

Maximum penalty for subsection (8) —165 penalty units.