Local Government (General) Amendment (Domestic Greywater Diversion) Regulation 2006 (NSW)
2006 No 245
New South Wales
Local Government (General)
Amendment (Domestic Greywater
Diversion) Regulation 2006
under the
Local Government Act 1993
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Local Government Act 1993.
KERRY HICKEY, M.P.,
Minister for Local Government
Explanatory note
Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only with the prior approval of the relevant local council and allows regulations under that Act to prescribe other activities that require such approval.
The object of this Regulation is to prescribe domestic greywater diversion as an activity requiring prior approval. Domestic greywater diversion means the installation and operation of a system for the diversion of 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). The Regulation also provides for an exemption from the requirement for prior approval in relation to domestic greywater diversion if certain conditions are met.
The Regulation also provides that the following offences may be dealt with by way of a penalty notice:
| (a) | carrying out domestic greywater diversion without council’s prior approval and carrying out domestic greywater diversion other than in accordance with the terms of council’s approval, |
| (b) | operating a system of sewage management without council’s prior approval and operating a system of sewage management other than in accordance with the terms of council’s approval. |
This Regulation is made under the Local Government Act 1993, including sections 68, 679 and 748 (the general regulation-making power).
| Published in Gazette No 66 of 19 May 2006, page 3090 | Page 1 |
| 2006 No 245 | Local Government (General) Amendment (Domestic Greywater Diversion) |
| Clause 1 | Regulation 2006 |
Local Government (General) Amendment (Domestic
Greywater Diversion) Regulation 2006
under the
Local Government Act 1993
1 Name of Regulation
This Regulation is the Local Government (General) Amendment
(Domestic Greywater Diversion) Regulation 2006.
2 Commencement
This Regulation commences on 1 July 2006.
3 Amendment of Local Government (General) Regulation 2005
The Local Government (General) Regulation 2005 is amended as set out in Schedule 1.
| Local Government (General) Amendment (Domestic Greywater Diversion) | 2006 No 245 |
| Regulation 2006 | |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Part 2, Division 5, Subdivision 6
Insert after Subdivision 5:
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 (1) (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.
| 2006 No 245 | Local Government (General) Amendment (Domestic Greywater Diversion) Regulation 2006 |
| Schedule 1 | Amendments |
(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.
[2] Schedule 12 Penalty notice offences
Omit the following from the Schedule:
Section 626 (3)—carry out without prior approval of council an $330 activity specified in item 10 of Part F (Other activities) of the Table
to section 68Section 627 (3)—having obtained the council’s approval to the $330 carrying out of an activity specified in item 10 of Part F (Other
activities) of the Table to section 68, carry out the activity otherwise
than in accordance with the terms of that approval
Insert instead the following in appropriate order:
Section 626 (3)—carry out without prior approval of council an $330 activity specified in item 6 of Part C (Management of waste) of the
Table to section 68Section 626 (3)—carry out without prior approval of council an $220 activity (being domestic greywater diversion) as prescribed by the regulations under item 10 of Part F (Other activities) of the Table to section 68
Section 627 (3)—having obtained the council’s approval to the $330 carrying out of an activity specified in item 6 of Part C (Management of waste) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval
Section 627 (3)—having obtained the council’s approval to the $220 carrying out of an activity (being domestic greywater diversion) as
prescribed by the regulations under item 10 of Part F (Other
activities) of the Table to section 68, carry out the activity otherwise
than in accordance with the terms of that approval
BY AUTHORITY
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