FACT SHEET Stormwater
Working for our future – today
Stormwater on your property
Stormwater that is not absorbed into the ground will find its way to the nearest
watercourse. This excess stormwater can flow into private properties and across public
parklands and roads. Keeping your drainage system in good working order helps prevent
flooding on your property, and neighbouring properties, during heavy rain events.
Private property owners’ responsibilities
Private property owners must maintain stormwater pipes,
gutters, downpipes, gully pits and any other components
of drainage systems in good condition, and in compliance
with Gold Coast City Council requirements.
Usually, stormwater runoff (overland flow) happens when
water flows over properties on its way to a watercourse.
Any change to the ground level of properties – such as
excavation, earth fill or construction of retaining walls
– alters stormwater flow and can cause nuisance to
others. It is recommended that property owners seek
professional advice before starting work.
When changing ground level or constructing paved areas,
property owners should collect the stormwater and direct
it to a legal point of discharge. It is preferable to keep
paved areas to a minimum. Easements should be wellmaintained and kept clear of debris and structures – such
as garden sheds – to allow stormwater to run freely to a
field gully pit.
Structures, including fences, should be clear of field gully inlets. Suitable
landscaping along with grid tops to inlets and regular maintenance
assists with filtration into Council’s stormwater system
Legislative Provisions
If the property has a stormwater installation as defined
under the Local Government Act 2009 (the Act), Council
may direct property owners to connect stormwater
installations to Council’s stormwater drainage system, if
practical to do so. Section 77 of the Act sets provisions
for the control of stormwater, and Council is empowered
to issue property owners with a written notice if they are
in breach of the Act.
Builders’ responsibilities
Individual builders are responsible for management
of stormwater on a building site during construction.
Complaints about buildings under construction should be
directed to the builder or building certifier whose contact
details are shown on the building sign at the front of the
property.
Roof gutters that are not connected to approved stormwater outlets
may cause damage or nuisance to your or neighbouring properties
Problems with overland stormwater flow between neighbouring
properties are generally a civil matter to be resolved between affected
owners – Council has limited powers to intervene.
Worsening of overland flow
Changes to overland flow on private properties may
cause worsening when:
n
carrying out earthworks including excavation and/or
fill, eg: building a concrete slab
n
constructing retaining walls, drains or other structures
n
carrying out landscaping
These activities change the contours of the land and
may alter the overland flow path, causing concentration
and redirection of stormwater runoff to other properties
which can create a nuisance.
Approved outlet to Council’s stormwater drainage system (an approved
Legal point of Discharge)
An upstream property owner cannot be held liable when
surface water flows naturally onto an adjoining property.
However, the upstream property owner may be held
liable through civil action between private owners, if
activities undertaken worsen the overland flow.
Ideally, if any change to the overland flow path occurs
on a property, the stormwater runoff should be
collected using a correctly installed drainage system and
directed to a legal point of discharge.
Legal points of discharge
Australian Standard, AS/NZN 3500.3, 2003 (Clause 1.7),
states that captured roof water through downpipes and
surface water through field gullies should be collected
and discharged through underground pipes to legal
points of discharge including:
Stormwater gully pit landscaped to collect surface water
n
roadside kerb and channel
n
inter-allotment drainage systems
Localised flooding
Localised flooding occurs when drainage systems
can’t cope with the amount of rainfall, when pipes are
undersized or become blocked, or the path is obstructed
by a fence or building.
You can be held liable for damages if changes on your
property increase flood levels on an adjoining property.
2 Stormwater on your property
Landowners are encouraged to
talk to their neighbours about
the problem and seek a mutually
satisfactory solution.
Problem solving between neighbours
Problems with overland stormwater flow between
neighbouring properties are generally a matter to be
resolved between the respective owners. Council has
limited powers to intervene in disputes.
Landowners are encouraged to talk to their neighbours
about the problem and seek a mutually satisfactory
solution. If resolution can’t be reached, the Dispute
Resolution Centre provides a non-legal mediation
service. They may be able to assist without the need
for expensive legal proceedings. Contact the centre on
1800 017 288 (toll free) or (07) 3239 6007.
For more information visit the centre’s website at
www.justice.qld. gov.au
Diversion drains can assist to drain water away from buildings and level
areas on sloping properties
The services of a mediator can also be sought through
the State Government Community Justice Program contact the local Magistrates Court for details.
Public drainage systems
Council manages public drainage systems. Generally,
public drainage systems are constructed to Council
Standards and are located in road reserves, parks,
drainage reserves, drainage easements and sometimes
on private property without easements.
If a proposed vehicular crossing (VXO) conflicts with an
existing roadside stormwater gully pit, the location of
VXO should be changed. If relocation is not practical,
the location of a roadside stormwater gully pit must
be changed. An Operational Work (OPW) application
– with adequate fees – must be lodged with Council
for relocation of a roadside stormwater gully pit and
an approval for relocation must be obtained before
constructing it. Butterfly grates are not acceptable as a
substitute for a roadside stormwater gully pit.
Diversion banks direct water to Council’s piped drainage system
Safety around public drains
Stormwater drains and pipes may look safe but
are dangerous places. People have been injured,
trapped and drowned in stormwater drains and pipes.
Trespassing in them is also illegal and hefty fines can be
given.
Visit goldcoastcity.com.au/stormwater
Butterfly grates are not acceptable as a substitute for a roadside
stormwater gully pit
Stormwater on your property 3
Definitions
Gully pit: a pit covered by a grate, situated at the
lowest point in the property, which connects either to
the household stormwater system or the inter-allotment
drainage system. There are also gully pits as part of public
drainage systems.
Inter-allotment drainage system: the stormwater
system provided by the original developer – is usually
positioned at the rear of the property.
Kerb and channel: the concrete structures between
the road and Council’s nature strip which conveys
stormwater etc.
Natural watercourse: is the original flow path for the
catchment area that has not been significantly modified.
Stormwater: runoff that accumulates in natural or
constructed storage and stormwater systems during and
immediately following a rainfall event.
Surface run-off: the rainfall that moves over the ground
towards a lower point and does not soak into the soil.
Hints for house
buyers and owners
Check property flood levels and drainage
information before buying. A Search Request
Form can be obtained from any Council
Branch Office or can be downloaded at
goldcoastcity.com.au/searchrequest
Keep flow paths clear of obstructions
Don’t build any structure or obstruction
in stormwater easements
Don’t divert stormwater to your
neighbour’s property
Keep gutters and downpipes clean
Keep paved areas to a minimum as they
prevent water being absorbed into the
ground
Surface water: water that remains on the surface of the
ground.
Watercourse: every open stream, creek, culvert, channel
through which stormwater flows, whether continuously
or not.
Contact details
GCCC 8562
Gold Coast City Council
PO Box 5042 Gold Coast MC Qld 9729 Australia
Email: [email protected]
Web: goldcoastcity.com.au
Phone: 1300 MYGCCC (1300 694 222)