5 Exclusion of certain matters
This Part does not apply to:(a) the installation of manufactured homes, moveable dwellings or associated structures on land, or(b) the operation of manufactured home estates, caravan parks or camping grounds.Note. The operation of manufactured home estates and the installation of manufactured homes in manufactured home estates, and the operation of caravan parks and camping grounds and the installation of moveable dwellings (including manufactured homes) both in caravan parks and camping grounds and elsewhere, are governed by the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.
6–12(Repealed)
Division 3 Approvals relating to water supply, sewerage and stormwater drainage work
Subdivision 1 Applications for approvals
13 Standards and requirements to be met for approval
The council must not approve an application for an approval allowing water supply, sewerage or stormwater drainage work to be carried out unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards set out or referred to in Part 2 of Schedule 1 and with any other applicable standards or requirements set out or referred to in this Regulation.
14 Installation of water meters
A council may require an application for an approval relating to the installation of a water meter to be accompanied by a completed water meter identification form provided by the council for the purpose.
15 Matters to be considered when determining applications for water supply, sewerage and stormwater drainage approvals
(1) This clause applies to the following activities:(a) carrying out water supply work,(b) drawing water from the council water supply or a standpipe,(c) installing, altering, disconnecting or removing a water meter connected to a service pipe,(d) carrying out sewerage work,(e) carrying out stormwater drainage work.(2) In determining an application for the purposes of section 68 of the Act for an approval to do any of the activities to which this clause applies, the council must have regard to the following considerations:(a) the protection and promotion of public health,(b) the protection of the environment,(c) the safety of its employees,(d) the safeguarding of its assets,(e) any other matter that it considers to be relevant in the circumstances.
Subdivision 2 Conditions of approvals
16 Approvals to be subject to a condition requiring compliance with standards and requirements
It is a condition of an approval allowing water supply, sewerage or stormwater drainage work that:(a) the activity approved, and(b) any building or work associated or carried out in connection with the activity,complies with any applicable standards set out or referred to in Part 2 of Schedule 1 and with any other applicable standards or requirements set out or referred to in this Regulation or any other regulation under the Act or the Environmental Planning and Assessment Act 1979.
17 Discretionary conditions for carrying out water supply work
The council may, in giving an approval to carry out water supply work, impose either or both of the following conditions:(a) a condition that requires the work to be carried out within such time as the council considers reasonable,(b) a condition that requires a qualified supervisor to attend at the place at which the work is carried out at such times as the council directs.
18 Connection to water or sewerage mains
(1) It is a condition of an approval for an activity that involves the connection of water service pipes or property service pipes to a water main or the connection of drains to a sewer main that the connection must:(a) comply with any operating requirements notified by the council, and(b) be carried out:(i) by a person authorised by the council, or(ii) by or under the control of a council officer.(2) The council may, as a condition of approving the connection to a water or sewer main, require that the connection must not be started unless at least 2 days’ notice of intention to start the work has been given to the council.
(1) It is a condition of an approval for an activity that involves the cutting of a junction into a sewer main that the cutting of the junction must:(a) comply with any operating requirements notified by the council, and(b) be carried out by a qualified supervisor acting under the supervision and in accordance with the directions of the council.(2) The council may, as a condition of an approval for a junction to be cut into a sewer main, direct that the work must not be started unless at least 2 days’ notice of intention to start the work has been given to the council.(3) The council may, as a condition of an approval for a junction to be cut into a sewer main, require the work to be carried out by the council for a specified charge if the council has decided that the work should be carried out by the council.
20 Person carrying out water supply, sewerage or stormwater drainage work to hold permit
It is a condition of an approval referred to in item 1, 4, 5 or 6 of Part B of the Table to section 68 of the Act that a person must not begin carrying out the activity approved unless the person is the holder of a permit issued in accordance with the Plumbing and Drainage Code of Practice.
21 Inspection and certification of water supply, sewerage and stormwater drainage work
An approval referred to in item 1, 4, 5 or 6 of Part B of the Table to section 68 of the Act is subject to the following conditions:(a) a person must not put into use a soil, waste or house drain pipe, or cover up or conceal from view an underground or enclosed water supply, sewerage or stormwater drainage work or put into use such a work, until the work has been inspected and certified:(i) by the council or a suitably qualified person determined by the council, or(ii) if the work is of a type for which the approval of the Minister for Utilities is required under section 60 of the Act—in accordance with subparagraph (i) or, if that Minister has specifically authorised inspection and certification by another suitably qualified person, by that person,as having been constructed in accordance with the Act and this Regulation,(b) any such inspection and certification must be carried out in accordance with the Plumbing and Drainage Code of Practice and the requirements of the council,(c) a person undertaking the construction of a water supply, sewerage or stormwater drainage work must provide every reasonable facility and all necessary information to enable inspection of the work for the purposes of paragraph (a),(d) in particular, such a person must, if required to do so by a person carrying out an inspection for the purposes of paragraph (a), produce the plan (if any) of the work for that person to look at,(e) a person carrying out water supply, sewerage or stormwater drainage work must immediately rectify to the satisfaction of the council any defect revealed by an inspection under paragraph (a).
22 Defective water supply, sewerage or stormwater drainage work to be rectified
(1) It is a condition of an approval referred to in item 1, 4, 5 or 6 of Part B of the Table to section 68 of the Act that a licensed contractor who carries out the activity approved must, if ordered to do so by the council, rectify any defect in the work that is due to faulty workmanship or defective material, but only if the council notifies the contractor of the defect after the date of issue by the contractor of a certificate to the effect that the work has been carried out as required by the Act and the Environmental Planning and Assessment Act 1979.(2) A licensed contractor so notified must bear the cost of rectifying the defect.
23 Diagrams of sewerage or stormwater drainage work
(1) It is a condition of an approval referred to in item 4 or 5 of Part B of the Table to section 68 of the Act that, if the activity approved is carried out on private premises, the person who carries out the activity must provide to the council a diagram of any drains installed in accordance with the approval.(2) Such a diagram must show:(a) the level of the drains in relation to the sewer main junction and the finished ground level, and(b) the distances from the drains to the nearest boundaries of, and buildings on, the premises.
24 Approval not required for the drawing of water by council employees
An employee of a council acting in the course of his or her employment may draw water from a water supply system or standpipe without the prior approval of the council.
Division 4 Approvals relating to management of waste
Subdivision 1 Applications for approvals
25 Matters to accompany applications relating to discharge into sewers
An application for approval to discharge trade waste into a sewer under the control of a council or that connects with such a sewer must be accompanied by the information required by Table 1 to the Liquid Trade Waste Management Guidelines.
26 Matters to accompany applications for approval to install or construct sewage management facilities
(1) An application for approval to install or construct a sewage management facility on any premises must be accompanied by the documents specified in this clause.(2) Plan
The application must be accompanied by a plan, to scale, showing the location of:(a) the sewage management facility proposed to be installed or constructed on the premises, and(b) any related effluent application areas, and(c) any buildings or facilities existing on, and any environmentally sensitive areas of, any land located within 100 metres of the sewage management facility or related effluent application areas, and(d) any related drainage lines or pipework (whether natural or constructed).(3) Specifications
The application must be accompanied by full specifications of the sewage management facility proposed to be installed or constructed on the premises concerned.(4) Site assessment
The application must be accompanied by details of the climate, geology, hydrogeology, topography, soil composition and vegetation of any related effluent application areas together with an assessment of the site in the light of those details.(5) Statement
The application must be accompanied by a statement of:(a) the number of persons residing, or probable number of persons to reside, on the premises, and(b) such other factors as are relevant to the capacity of the proposed sewage management facility.(6) Operation and maintenance
The application must be accompanied by details of:(a) the operation and maintenance requirements for the proposed sewage management facility, and(b) the proposed operation, maintenance and servicing arrangements intended to meet those requirements, and(c) the action to be taken in the event of a breakdown in, or other interference with, its operation.(7) This clause does not apply to an application for approval to install or construct a sewage management facility on any premises if the applicant declares in the application that the facility will remain on the premises for no more than 12 months.Note. The information that is to accompany such applications (and applications for approval to alter a sewage management facility) is to be determined by the council in each particular case. Section 81 of the Act provides that an application for an approval under Part 1 of Chapter 7 of that Act (in which category such applications fall) must be accompanied by “such matters as may be prescribed by the regulations and such matters specified by the council as may be necessary to provide sufficient information to enable the council to determine the application”.
Subdivision 2 Determination of applications for approvals
27 Matters to be taken into consideration by council in determining applications for approval to place a building waste storage container on a road
In determining an application for approval to place on a road a building waste storage container, the council is to take into consideration any requirements or guidelines relating to the location, size and visibility of building waste storage containers that are notified to the council from time to time by the Roads and Traffic Authority.
28 Approval to discharge waste into sewers: concurrence required
A council must not grant an approval under section 68 of the Act to discharge trade waste (whether treated or not) into a sewer of the council unless the Director-General of the Department of Energy, Utilities and Sustainability has concurred with the approval.Note. Section 90 (2) of the Act permits any person or authority whose concurrence is required before an approval may be granted to give the council notice that the concurrence may be assumed (with such qualifications or conditions as are specified in the notice).
29 Matters to be taken into consideration in determining applications for approval to install, construct or alter sewage management facilities
(1) In determining an application for approval to install, construct or alter a sewage management facility, the council must take into consideration the matters specified in this clause.(2) Environment and health protection matters
The council must consider whether the proposed sewage management facility (or the proposed sewage management facility as altered) and any related effluent application area will make appropriate provision for the following:(a) preventing the spread of disease by micro-organisms,(b) preventing the spread of foul odours,(c) preventing contamination of water,(d) preventing degradation of soil and vegetation,(e) discouraging insects and vermin,(f) ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,(g) the re-use of resources (including nutrients, organic matter and water),(h) the minimisation of any adverse impacts on the amenity of the land on which it is installed or constructed and other land in the vicinity of that land.(3) Guidelines and directions
The council must consider any matter specified in guidelines or directions issued by the Director-General in relation to the matters referred to in subclause (2).
30 Standards to be met for approval
The council must not grant an application for an approval to install, construct or alter a waste treatment device or sewage management facility unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards established by this Regulation or by or under the Act.
Subdivision 3 Conditions of approvals
(1) It is a condition of an approval referred to in item 4 of Part C of the Table to section 68 of the Act (Dispose of waste into a sewer of the council) that:(a) the activity approved, and(b) any building or work associated or carried out in connection with the activity,complies with any applicable standards established by any regulation in force under the Act or the Environmental Planning and Assessment Act 1979.(2) It is a condition of an approval referred to in item 5 of Part C of the Table to section 68 of the Act (Install, construct or alter a waste treatment device or a human waste storage facility or a drain connected to any such device or facility) that:(a) the activity approved, and(b) any building or work associated or carried out in connection with the activity,complies with any applicable standards established by this Regulation or by or under the Act.
(1) An approval to dispose of trade waste into a sewer of the council is subject to such conditions (if any) as the council specifies in the approval.(2) In imposing any such conditions, the council is to have regard to the matter set out in Table 5 to the Liquid Trade Waste Management Guidelines.
(1) It is a condition of an approval to install, construct or alter a mechanical device that treats waste by compaction, shredding or other means that this clause is complied with.(2) An occupier of premises on which waste is deposited must comply with any directions given by the council from time to time as to the use of the device.(3) The waste treatment device and any part of the premises on which it is situated that is used in connection with the device must be maintained in a sanitary condition.
34 Use of sewage management facilities
It is a condition of an approval to install, construct or alter a sewage management facility that the facility is not used (or used as altered) until the council has given the applicant for approval notice in writing that it is satisfied that the facility has been installed, constructed or altered in substantial accordance with the approval.
The council may, as a condition of an approval to install, construct or alter a human waste storage facility, require the alteration of its design and proposed position, having regard to its effect on the amenity of the locality.
Subdivision 4 Performance standards
36 Sewage management facilities generally
A sewage management facility:(a) must be made of durable and non-corrosive components, each having an expected service life of at least:(i) 5 years, in the case of a mechanical or electrical component, and(ii) 15 years, in any other case, and(b) must be installed or constructed:(i) in accordance with the appropriate specifications and in accordance with good trade practice, and(ii) so as to allow ease of access for maintenance, and(iii) with regard to the health and safety of users, operators and persons maintaining the facility, and(c) must be installed or constructed so as to make appropriate provision for access to and removal of contents in a safe and sanitary manner, and(d) must, if it is intended to be a permanent fixture, be anchored to prevent movement.
37 Closets for certain toilet systems
(1) A human waste storage facility must not be installed in any part of a building unless that part of the building complies with the following requirements:(a) it is adequately ventilated to the outside air,(b) the walls and roof are of weatherproof material,(c) the floor is of material that is impervious to water and is drained.(2) The part of the building in which a human waste storage facility (other than a water closet) is permanently installed must be designed and located so as to allow human waste to be removed without being carried through any dwelling-house or public building or any building in which any person may be, or may be intended to be, employed in any manufacture, trade or business.
(1) A cesspit:(a) must be deep, dark and fly-proof, and(b) must be constructed and maintained so as to prevent both the access of surface waters to it and the escape of matter from it, and(c) must not be located where it can possibly pollute any water used or likely to be used for human consumption or for any domestic or dairy purposes, and(d) must not be located where the normal level of the ground water is less than one metre below the bottom of the cesspit.(2) If a cesspit is emptied, its contents must be disposed of in a sanitary manner and in accordance with any requirements of the council.
39 Mechanical waste treatment devices
(1) A bag used for the retention of waste in a mechanical device that treats waste by compaction, shredding or other means must be of a kind approved by the council.(2) Treated waste kept on premises after treatment other than wholly within the device is to be deposited in a receptacle of a kind approved by the council.
Subdivision 5 Accreditation of sewage management facilities
(1) This Subdivision applies to such models of the following sewage management facilities as are generally available for purchase by retail:(a) wet composting closets,(b) waterless composting closets,(c) septic closets,(d) septic tanks,(e) holding tanks and collection wells used for the receipt and storage of effluent (other than those intended to be emptied after each use, such as chamber pots),(f) waste treatment devices designed to comminute or macerate and discharge sewage to a sewerage system,(g) waste treatment devices that receive and treat sewage before discharging effluent to a common effluent drainage scheme,(h) waste treatment devices that treat sewage using a specific process to produce biosolids and disinfected effluent to a standard suitable, either separately or in combination, for recycling by surface or sub-surface irrigation or by internal or external household use,(i) any other kind of sewage management facility specified in a notice published in the Gazette by the Director-General for the purposes of this clause.(2) However, this Subdivision does not apply:(a) to a sewage management facility intended to treat:(i) sewage of a non-domestic nature, or(ii) sewage from premises normally occupied by more than 10 persons, or(iii) an average daily flow of sewage exceeding 2,000 litres, or(b) to the part of a sewage management facility that consists of a drain connected to the facility, or(c) to any other component of a sewage management facility that is specified in a notice published in the Gazette by the Director-General of the Department of Health for the purposes of this clause.
41 Facilities to be accredited
(1) The council must not approve the installation or construction of a sewage management facility to which this Subdivision applies unless the council is satisfied that the facility is to be installed or constructed to a design or plan that is the subject of a certificate of accreditation from the Director-General of the Department of Health, being a certificate that is in force.(2) Subclause (1) does not apply to or in respect of a sewage management facility:(a) that is to be installed or constructed as a model for the purposes of testing, or(b) that is designed, and is to be constructed, by the owner or occupier of the premises on which it is to be installed, or(c) that is designed, by a person other than the owner or occupier of the premises on which it is to be installed, specifically and uniquely for those premises.
Subdivision 6 Approval required to operate system of sewage management
Note. This Regulation does not prescribe the matters that are to accompany an application for approval to operate a system of sewage management. Section 81 of the Act provides that an application for an approval under Part 1 of Chapter 7 of that Act (in which category such an application falls) must be accompanied by “such matters as may be prescribed by the regulations and such matters specified by the council as may be necessary to provide sufficient information to enable the council to determine the application”.
42 Meaning of “operate a system of sewage management”
(1) In this Subdivision, operate a system of sewage management means hold or process, or re-use or otherwise dispose of, sewage or by-products of sewage (whether or not the sewage is generated on the premises on which the system of sewage management is operated).(2) Without limiting subclause (1), operate a system of sewage management includes the following:(a) use artificial wetlands, transpiration mounds, trenches, vegetation and the like in related effluent application areas,(b) hold or process sewage that is to be subsequently discharged into a public sewer.(3) However, operate a system of sewage management does not include any of the following:(a) any action relating to the discharge of sewage directly into a public sewer,(b) any action relating to sewage or by-products of sewage after their discharge into a public sewer.
43 Matters to be taken into consideration in determining applications for approval to operate system of sewage management
In determining an application for approval to operate a system of sewage management, the council must consider any matter specified in guidelines or directions issued by the Director-General in relation to the environment and health protection matters referred to in clause 29 (2).
Subdivision 7 Operation of system of sewage management
44 Performance standards for operation of system of sewage management
(1) A system of sewage management must be operated in a manner that achieves the following performance standards:(a) the prevention of the spread of disease by micro-organisms,(b) the prevention of the spread of foul odours,(c) the prevention of contamination of water,(d) the prevention of degradation of soil and vegetation,(e) the discouragement of insects and vermin,(f) ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,(g) the minimisation of any adverse impacts on the amenity of the premises and surrounding lands,(h) if appropriate, provision for the re-use of resources (including nutrients, organic matter and water).(2) Failure to comply with subclause (1) is not a breach of that performance standard if the failure was due to circumstances beyond the control of the person operating the system of sewage management (such as a fire, flood, storm, earthquake, explosion, accident, epidemic or warlike action).(3) A system of sewage management must be operated:(a) in accordance with the relevant operating specifications and procedures (if any) for the sewage management facilities used for the purpose, and(b) so as to allow the removal of any treated sewage (and any by-product of any sewage) in a safe and sanitary manner.
45 Further condition of approval in relation to operation of system of sewage management
(1) It is a condition of an approval to operate a system of sewage management that this clause is complied with.(2) The sewage management facilities used in the operation of the system must be maintained in a sanitary condition and must be operated in accordance with the relevant requirements of this Regulation.(3) A sewage management facility used in the operation of the system must not discharge into any watercourse or onto any land other than its related effluent application area.(4) The conditions (if any) of any certificate of accreditation issued by the Director-General of the Department of Health under this Subdivision in respect of the plans or designs for any components of the sewage management facilities must be complied with.(5) The person operating the system of sewage management must provide details of the way in which it is operated, and evidence of compliance with the relevant requirements of this Regulation and of the conditions of the approval, whenever the council reasonably requires the person to do so.
46 Approval to operate system of sewage management extends to concurrent owners and occupiers
If an owner or occupier of land is the holder of an approval to operate a system of sewage management on the land (being an approval that is in force), any other owner or occupier of that land may operate the system of sewage management (without obtaining a further approval) in accordance with the conditions of the approval.
47 Temporary exemption for purchaser of land
(1) Despite the other provisions of this Regulation, a person who purchases (or otherwise acquires) land on which any sewage management facilities are installed or constructed may operate a system of sewage management without the approval required under section 68 of the Act for the period of 3 months after the date on which the land is transferred or otherwise conveyed to the person (whether or not an approval is in force, as at that date, in relation to the operation of a system of sewage management on that land).(2) Further, if the person duly applies, within the period of 2 months after the date on which the land is transferred or otherwise conveyed to the person, for approval to operate the system of sewage management concerned, the person may continue to operate that system of sewage management without approval until the application is finally determined.
48 Activities for which approval is not required
The following activities may be carried out without the prior approval of the council subject to such conditions as are specified:(a) Transport waste
The transporting of waste over or under a public place for fee or reward if:(i) the activity is licensed under the Protection of the Environment Operations Act 1997, or(ii) the activity is being carried out in the Sydney metropolitan area as defined in Part 3 (Interpretative provisions) of Schedule 1 to that Act, or(iii) the waste is being transported through the area of the council and is not being collected or deposited in that area.Note. A person who transports waste for fee or reward in circumstances that do not require a pollution control licence issued by the Environment Protection Authority must comply with the relevant requirements of the Regulations made under the Protection of the Environment Operations Act 1997.(b) Place waste in a public place
The placing of waste in a public place, if it is done in accordance with arrangements instituted by the council.(c) Discharge of domestic sewage into sewer
The discharge of sewage of a domestic nature into a sewer of the council, if it is done in accordance with arrangements instituted by the council.(d) Dispose of effluent into sewer
The disposal of septic tank effluent into a sewer of the council, if the premises are within a Common Effluent Drainage District declared by the council.(e) Install, construct or alter a waste treatment device
The installation, construction or alteration of a waste treatment device, if that installation, construction or alteration is done:(i) under the authority of a licence in force under the Protection of the Environment Operations Act 1997, or(ii) in a vessel used for navigation, or(iii) in a motor vehicle registered under the Road Transport (Vehicle Registration) Act 1997 that is used primarily for road transport.(f) Operate a system of sewage management
So much of the operation of a system of sewage management as is limited to an action carried out:(i) under the authority of a licence in force under the Protection of the Environment Operations Act 1997, or(ii) in a vessel used for navigation, or(iii) in a motor vehicle registered under the Road Transport (Vehicle Registration) Act 1997 that is used primarily for road transport.
Division 5 Approvals relating to activities on community land and public roads and other activities
49 Approval for the use of loudspeaker or amplifying device on community land not required in certain circumstances
A loudspeaker or sound amplifying device may be set up, operated or used on community land without the prior approval of the council if it is done in accordance with a notice erected on the land by the council or if it is done in the circumstances specified, in relation to the setting up, operation or use (as the case may be), in Part 1 of the local approvals policy applying to the land.
50 Matters for consideration by council in determining whether to approve applications relating to public roads
In determining an application for an approval under Part E of the Table to section 68 of the Act the council must take into account:(a) the provisions of the Roads Act 1993, and(b) any relevant standards and policies of public authorities applying to the use of the road.
51 Compliance with standards—approvals relating to public roads
It is a condition of an approval referred to in Part E of the Table to section 68 of the Act that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by any regulation in force under the Act or the Environmental Planning and Assessment Act 1979.
Subdivision 3 Public car parks
52 Matters to accompany applications relating to the operation of a public car park
An application to operate a public car park must be accompanied by the following:(a) 3 copies of a plan that sufficiently identifies the land concerned and the streets to which the land has frontage and, if the car park comprises the whole or part of a building, describes the building, its location on the site and any other purpose for which it is to be used,(b) details of the number of vehicles proposed to be accommodated in the car park and the manner in which this is to be done,(c) details of the means or proposed means of entry to or exit from the car park and as to the method of movement within the car park,(d) details of the off-street parking facilities available for the temporary accommodation of vehicles awaiting access to the car park,(e) details of ventilation to be provided if it is a building,(f) details of any petrol or oil or any motor service facilities to be provided in the car park,(g) details of the proposed hours of operation of the car park and as to the method or proposed method of receiving the fee or charge and the location or proposed location of any facility for receiving the fee or charge.
53 Matters to be taken into consideration by council in determining whether to approve the operation of a public car park
In determining an application for approval to operate a public car park the council is to take the following matters into consideration:(a) the Roads and Traffic Authority’s views about the application,(b) the effect of the car park on the movement of vehicular traffic and pedestrian traffic,(c) whether the number of vehicles proposed to be accommodated is appropriate having regard to the size of the car park and the need to provide off-street parking facilities within the car park for the temporary accommodation of vehicles,(d) whether the means of ingress and egress and means of movement provided or to be provided within the car park are satisfactory,(e) whether there will be adequate provision for pedestrian safety and access for people with disabilities,(f) whether the internal design of parking facilities and system of traffic management are satisfactory,(g) whether, in the case of a car park that is a building, adequate ventilation is provided or to be provided,(h) the Occupational Health and Safety Act 2000, and the regulations made under that Act, as regards the safety of persons who will be employed at the proposed car park or of persons who will go there,(i) whether there will be adequate provision for the management of stormwater and the minimisation of stormwater pollution.
54 Standards to be met for approval
The council must not grant an application for an approval to operate a public car park unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards established by this Regulation or by or under the Act.
It is a condition of an approval to operate a public car park that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by any regulation in force under the Act or the Environmental Planning and Assessment Act 1979.
The council may, as a condition of an approval to operate a public car park, specify the maximum number of vehicles that may be parked at any one time.
57 Entries, exits and driveways
(1) Vehicles must not enter and leave a public car park through the one driveway. Vehicles must not enter or leave a public car park except through the entrance or exit openings provided.(2) Entrances, exits and driveways are to be provided and arranged, maintained and operated so as to facilitate the orderly entrance and exit of vehicles.(3) Exits must not be blocked by gates and other obstacles while the car park is open to the public.
All traffic ramps, parking spaces, entrances, exits, driveways and holding areas are to be surfaced with material approved by the council.
Land used as a public car park must be fenced to a height determined by the council and with materials approved by the council.
A public car park is, while open to the public, to be lit to the satisfaction of the council.
A vehicle is not to be permitted to park in a public car park unless any petrol tank on the vehicle is fitted with a turn cap or seal that is kept closed except when opened for the purpose of refuelling.
A public car park must be provided with a sufficient number of fire extinguishers. The fire extinguishers must be emptied and recharged every 6 months.
Notices must be displayed in a public car park directing that vehicles are to be driven at a speed not greater than 8 kilometres per hour.
A public road must not be used for the purpose of holding or marshalling vehicles in connection with a public car park.
65 Concurrence required for operation of public car park
The council must not grant an application for approval to operate a public car park except with the concurrence of the Roads and Traffic Authority, given having regard to its functions under the road transport legislation (within the meaning of the Road Transport (General) Act 1999 or, after the repeal of that Act, the Road Transport (General) Act 2005) and the Roads Act 1993. The Authority may give concurrence subject to conditions.
66 Approval for operation of public car park not required in certain circumstances
(1) A public car park may be operated without the prior approval of the council if approval for its erection or operation has already been given by the council in connection with another approval or development consent and the car park complies with any applicable conditions of that approval or development consent.(2) In this clause, development consent has the same meaning as it has in the Environmental Planning and Assessment Act 1979.
Subdivision 4 Domestic oil or solid fuel heating appliances
67 Standards to be met for approval
The council must not grant an application for an approval to install a domestic oil or solid fuel heating appliance (other than a portable appliance) unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards established by this Regulation or by or under the Act.
It is a condition of an approval to install a domestic oil or solid fuel heating appliance (other than a portable appliance) that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by or under the Act.
69 Adoption of Building Code of Australia
(1) All matters relating to the installation of a domestic oil or solid fuel heating appliance (other than a portable appliance) are to be governed by the applicable provisions of the Building Code of Australia.(2) In this clause:Building Code of Australia has the same meaning as it has in the Environmental Planning and Assessment Act 1979.
(3) For the purposes of this clause:(a) a reference in the Building Code of Australia to the appropriate authority is a reference to the relevant authority exercising approval powers under the Act, and(b) the reference in the Building Code of Australia in the definition of Certificate of Accreditation to a State or Territory accreditation authority is a reference to the Director-General when exercising his or her functions under Division 5 of Part 1 of Chapter 7 (sections 120–123B) of the Act.
70 Approval for installation of domestic oil or solid fuel heating appliance not required in certain circumstances
A domestic oil or solid fuel heating appliance (other than a portable appliance) may be installed without the prior approval of the council if details of the appliance are included in plans and specifications for the relevant building approved under Part 4A of the Environmental Planning and Assessment Act 1979.
Subdivision 5 Amusement devices
71 Activities for which approval is not required
Amusement devices not required to be registered under the Occupational Health and Safety Regulation 2001 may be installed or operated without the prior approval of the council.Note. See the Table to clause 113 of the Occupational Health and Safety Regulation 2001 for the items of plant that are required to be registered.
72 Standards to be met for approval
The council must not grant an application for an approval to install or operate an amusement device unless it is satisfied:(a) that the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason, and(b) that the device is registered under the Occupational Health and Safety Regulation 2001, and(c) that the device is to be or has been erected in accordance with all conditions (if any) relating to its erection set out in the current certificate of registration issued for the device under that Regulation, and(d) that there exists for the device a current log book within the meaning of Chapter 5 of that Regulation, and(e) that there is in force a contract of insurance or indemnity for the device that complies with clause 74.
It is a condition of an approval to install or operate an amusement device, that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with the following standards:(a) the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason,(b) the device is registered under the Occupational Health and Safety Regulation 2001,(c) all conditions (if any) subject to which the device is so registered and all relevant requirements of that Regulation are complied with,(d) the device is installed (including erected) and operated in a safe manner.
It is a condition of an approval to install or operate an amusement device that there must be in force a contract of insurance or indemnity that indemnifies to an unlimited extent (or up to an amount of not less than $10,000,000 in respect of each accident) each person who would be liable for damages for death or personal injury arising out of the operation or use of the device and any total or partial failure or collapse of the device against that liability.
75 Approval for installation or operation of small amusement devices not required in certain circumstances
(1) In this clause, small amusement device means an amusement device that is designed primarily for the use of children 12 years of age or under and includes such amusement devices as mini-Ferris wheels, battery operated cars and miniature railways but, in the case of rotating amusement devices, includes only those devices that have a maximum rotation of 14 revolutions per minute.(2) A small amusement device may be installed or operated without the prior approval of the council if:(a) the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason, and(b) the device is registered under the Occupational Health and Safety Regulation 2001, and(c) the device:(i) is to be or has been erected, and(ii) it to be or is being operated,in accordance with all conditions (if any) relating to its erection or operation set out in the current certificate of registration issued for the device under that Regulation, and(d) there exists for the device a current log book within the meaning of Chapter 5 of that Regulation, and(e) in the case of a device that is to be or is installed in a building, fire egress is not obstructed, and(f) there is in force a contract of insurance or indemnity for the device that complies with clause 74.
Subdivision 6 Domestic greywater diversion
75A Approval required for domestic greywater diversion
(1) For the purposes of item 10 of Part F of the Table to section 68 of the Act, domestic greywater diversion is prescribed as an activity that requires the prior approval of the council.(2) However, domestic greywater diversion may be carried out without the prior approval of the council if:(a) it is carried out in accordance with the Plumbing and Drainage Code of Practice, and(b) a sewage management facility is not installed on the premises concerned, and(c) the following performance standards are achieved:(i) the prevention of the spread of disease by micro-organisms,(ii) the prevention of the spread of foul odours,(iii) the prevention of contamination of water,(iv) the prevention of degradation of soil and vegetation,(v) the discouragement of insects and vermin,(vi) ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,(vii) the minimisation of any adverse impacts on the amenity of the premises concerned and surrounding lands.(3) Failure to comply with subclause (2) (c) is not a breach of that performance standard if the failure was due to circumstances beyond the control of the person carrying out the domestic greywater diversion.(4) In this clause:domestic greywater diversion means the installation and operation of a system for diverting greywater generated on residential premises to a garden or lawn on those premises, but does not include the manual collection and re-use of greywater (for example, by means of a bucket or similar receptacle).
greywater means waste water from washing machines, laundry tubs, showers, hand basins and baths, but does not include waste water from a kitchen, toilet, urinal or bidet.
residential premises does not include premises comprising more than one dwelling.
76 Form of application for accreditation of components, processes, designs or temporary structures
For the purposes of Division 5 of Part 1 of Chapter 7 of the Act, an application for the accreditation of a component, process, design or temporary structure must:(a) be in writing, and(b) include a description of the component, process, design or temporary structure to which it relates, and(c) be accompanied by a copy of a certificate of accreditation issued by the Building Regulations Advisory Committee (within the meaning of the Building Act 1993 of Victoria), if it is so accredited, or if it is not, documentary evidence of any test procedures, results, performances or appraisals relevant to the proposed accreditation that have been obtained from a recognised appraisal body.
77 Public notice of draft local approvals policies
The public notice required to be given by the council under section 160 (1) of the Act must:(a) be published in at least one local newspaper circulating at least once weekly in the area, and(b) be so published on at least 2 separate occasions, the first occasion being not more than 7 days before the commencement of the public exhibition of the draft local policy and the second occasion being at least 7 days but not more than 14 days before the conclusion of the period during which submissions may be made to the council in relation to the policy.
(1) For the purposes of section 675 of the Act, the prescribed manner of giving public notice of the granting of an approval is to publish the notice in at least one local newspaper circulating at least once weekly in the area of the council.(2) For the purposes of section 675 of the Act, the prescribed form of public notice of the granting of an approval is a form that includes:(a) a precise indication of the location of any place in relation to which the approval is granted (for example, the address of the place and any other description to help a reader identify the place) and a brief description of the subject-matter of the approval, and(b) a statement to the effect that a record of the approval is available for inspection, without charge, at the office of the council during its ordinary office hours.
79 Matters to be submitted to council
If this Regulation requires evidence or a document to be submitted to council, any copy of the evidence or document is to be a complete and unabridged copy of the original.
80 Application may be made for approval for exempted activity
A person may apply for approval under the Act for the carrying out of an activity, and the application may be determined, even though the person is exempted from the necessity to obtain approval by a local approvals policy.
81 Local approvals policies—standards
(1) If a person is exempt (because of a local approvals policy) from the requirement to obtain approval for an activity, the exemption is subject to the condition that the activity comply with the standards referred to in clauses 31, 44, 51, 55, 68 and 73.(2) However, the activity must so comply only to the extent that the provisions (and the standards to which they refer) would apply to the activity if the activity had not been the subject of an exemption under the local approvals policy.(3) However, if the local approvals policy specifies, as the circumstances (or as part of the circumstances) for the exemption, that the activity is carried out in such part of an area, or such an area, as is specified in the policy, subclauses (1) and (2) do not apply to the activity.(4) Subclause (3) does not prevent a local approvals policy from specifying compliance with one or more of the standards referred to in subclause (1) as part of the circumstances for an exemption under section 158 (3) of the Act.