The Plumbing and Drainage and Other Legislation Amendment Act 2005 (PDOLAA) which was enacted on 1 September 2005 has significantly altered the regulation of on-site sewerage facilities (OSSFs) by taking away the discretion of local governments as to how they may regulate OSSFs.

An OSSF is defined under the Plumbing and Drainage Act 2002 (PDA) as a facility installed on premises for:

• treating sewage generated on the premises and disposing of the resulting effluent:

(a)     on the premises; or
(b)     off the premises by:

i) a common effluent drainage; or
ii) collection from a tank on the premises, or

• storing sewage generated on the premises for its subsequent disposal off the premises by collection from the premises.

On 1 March 2006 the PDOLAA will make a number of amendments to the Plumbing and Drainage Act 2002 (PDA) which will bring the regulation of OSSFs into the compliance permit framework that exists in relation to plumbing and drainage work carried out under the PDA.

The amendments to be introduced to the PDA by the PDOLAA essentially covers all aspects of the regulation of OSSFs and prescribes: 

• a system for assessing and approving applications allowing the installation of OSSFs;
• the technical requirements for OSSFs;
• the operation of OSSFs;
• the maintenance of OSSFs; and
• offences relating to OSSFs.

The PDOLAA amendments will also regulate the treatment and use of grey water at a premises.

Local governments will still have a role in regulating OSSFs under the amendments in that they will be responsible for:

• approving OSSFs and associated work;
• inspecting OSSFs;
• taking enforcement action in relation to OSSFs;
• determining the location of OSSFs in its local government area; and
• keeping records of OSSFs they approves.

The PDOLAA will also amend the Local Government Act 1993 so that a local government can set regulatory fees under section 1071A(1)(e) to cover the performance of its functions under the PDA.

However, as a result of these amendments the PDA will effectively "cover the board" when it comes to the regulation of OSSFs.  Therefore, local governments will be unable to regulate OSSFs by way of local law, as enacting a local law that differs from the PDA will be invalid on the basis that a local law cannot be inconsistent with State legislation.

These amendments largely reflect the increasing use of OSSFs and greywater as part of the trend towards "green" development and building initiatives.

Further detail on the changes can be obtained from the Department of Local Government and Planning website at www.lgp.qld.gov.au/?id=258.

For further information please contact one of our Planning & Environment and Local Laws team:

• Picha Djohan - 4030 057
• Barry Taylor - 4722 0237
• Moya Steele - 4722 0224
• Linda Morris - 3031 9719
• Tanya Knauer - 4030 617
• Bob Owen - 4030 0578

Planning Solutions is a newsletter intended only to provide general information about current legal issues and does not constitute, nor should it be used or treated as, professional or legal advice.  Readers should make their own enquiries or seek legal advice before making any decisions concerning their own interests.