Stormwater drainage

Historically the Bundaberg region has developed over areas where communities are exposed to localised stormwater drainage issues. Council currently owns and manages over $300 million worth of stormwater assets and receives an average of 500 customer requests each year.

Existing stormwater drainage infrastructure (such as underground pipes, pits, and open channels) can pose a risk to the safety of people and property due to current asset condition, poor function, or capacity. The Bundaberg Regional Council Stormwater Management Strategy has been developed to provide a level of service that caters for future growth, while maintaining and improving existing stormwater infrastructure.

The strategy sets Council’s future direction for managing stormwater with a priority placed on public health and safety.

The Strategy delivers:

• An overarching vision for the long-term management of stormwater.
• A consistent and transparent approach to identifying and prioritising future expenditure, with our first priority the protection of human life and property, followed by flood mitigation and environmental benefit.
• A commitment to progressively reduce risk and improve community resilience with clear actions and accountabilities.
• Maximising environmental health of waterways, social amenity, pollution control, affordability and minimising impacts of a changing climate.

It also aligns with Council’s overarching Corporate Plan designed to build Australia’s best regional community. The final version of the Strategy was tabled for consideration by Council at the Ordinary Meeting on Monday, 22 February 2021 and has been formally adopted.

View Stormwater Management Strategy

SW.01 - Overland Flow & Urban Drainage

SW.02 - Council and Property Owner Responsibilities

SW.03 - Inter-Allotment Drainage & Easements

SW.04 - Minor & Major Flooding

SW.05 - Creek Systems

SW.06 - Erosion and Sediment Control (ESC)

SW.07 - Stormwater Quality

SW.08 - Drainage Assets, Condition & Maintenance

Council receives a number of complaints each year regarding stormwater runoff and overland flow from private property causing an issue to an adjoining or downstream private property. In such instances Council’s intervention powers are very limited. Stormwater issues regarding runoff and overland flow between private properties should be resolved between property owners (see “Disputes between Neighbours”).

Property owners who experience issues possibly caused by stormwater runoff and overland flow from Council owned property (such as roads and parks), should seek clarification from Council.

Natural overland flow between private properties occurs when the land is sloping between the properties. Natural overland flow is the water flow path before any excavation, development or building on the land. Ideally, overland flow should be directed towards the street or a drainage system (lawful point of discharge), where available.

Property owners are required to accept natural overland flow from adjoining properties or public land. An upstream property owner cannot be held liable merely because overland surface water flows naturally from his/her land on to the lower land of a neighbour. However the upstream property owner may be liable if actions they undertake result in increased or more concentrated flows than would normally be naturally occurring.

Fact Sheet: SW.01 - Overland Flow & Urban Drainage

Council provides and maintains stormwater drainage infrastructure (such as roads, pipes and open drains) on public land to collect and convey stormwater to creeks and rivers. Council also provides and maintains stormwater drainage infrastructure on private property that is within a designated drainage easement.

Fact Sheet: SW.02 - Council and Property Owner Responsibilities

Property owners are responsible for the effective management of stormwater drainage and surface water on their property by maintaining stormwater pipes, gutters, downpipes, gully pits and other components, which will minimise the possibility of stormwater entering their home.

Property owners are required to accept natural overland flow from adjoining properties or public land. If there is a drainage easement on the property, it must be maintained and kept clear of debris or other materials to allow the natural overland flow of stormwater.

When constructing hardstand (hard surfaced) areas (such as driveways, concrete and paved areas), landscaping and any other impervious surfaces or drains, property owners must control the stormwater to prevent increased or concentrated flows onto an adjacent property or downstream property.

Property owners generally need to ensure that roof water is drained to a lawful point of discharge. Draining to the following locations ensures a lawful point of discharge:

• Kerb and channel.
• An inter-allotment stormwater drainage pipe system.
• Council controlled drainage easement or drainage reserve. This requires approval by Council.

Property owners need to be aware that fences and landscaping can change the topography of a property and the way it disperses water.

Note - you may be held liable for damages if changes on your property increase or concentrate overland surface water flow onto an adjoining or downstream property.

Fact Sheet: SW.02 - Council and Property Owner Responsibilities

Problems with overland stormwater flow between private properties are a civil matter to be resolved between the respective owners. Council has limited powers to intervene. Landowners are encouraged to talk to their neighbours about the problem and seek a mutually suitable solution. If this is not possible without a third party, the services of a mediator may be sought through the Department of Justice and Attorney General.

Finally, if one or both parties feel that the situation cannot be resolved through mediation, legal advice can be sought.

For information on disputes resolution, please refer to 'Settling Disputes Out of Court' on the Queensland Government website.

Disclaimer

The information provided herein is general advice only. If legal advice is required, you should obtain your own independent legal advice.

Fact Sheet: SW.02 - Council and Property Owner Responsibilities

A drainage easement is a legal encumbrance on the property to provide Council with the authority to carry out whatever works are required on drainage infrastructure within the easement. The infrastructure can include open drain channels, below ground pipe systems and grated inlets and is designed to accept allotment and roof water together with larger upstream catchment stormwater flows.

Generally, no structures or improvements (such as dwellings, extensions and sheds) are permitted within the easement boundaries.

The property owner is responsible for the maintenance of an easement on private property. Council is not responsible for vegetation maintenance, including the clearing of weeds and trees or any other maintenance of overgrown vegetation, to watercourses or easements located within private property. However, Council may carry out maintenance work to stormwater drainage infrastructure located within drainage easements on private property including the clearing/mowing of vegetation, as deemed necessary, to ensure the efficient operation of the stormwater drainage infrastructure.

Disclaimer

The information provided herein is general advice only. If legal advice is required, you should obtain your own independent legal advice.

Fact Sheet: SW.03 - Inter-Allotment Drainage & Easements