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Stormwater is rainwater that runs off surfaces such as natural ground surfaces, roads, roofs (roofwater), car parks, hardstand areas and any other thing or surface that exists.
Water that is unable to enter drainage or groundwater systems will find its way naturally to the nearest watercourse via overflow paths. These overflow paths are typically roadways, public reserves, pathways and often through private property.
There are three ways of connecting roof water to a legal point of discharge:
Overland flow between private properties usually occurs when:
Ideally, run-off should be promoted towards the street or to a drainage system, if provided. An upstream property owner cannot be held liable merely because surface water flows naturally from their land onto the lower land of a neighbour.
Problems with overland stormwater flow between neighbouring properties are generally 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 to seek a mutually suitable solution. If this is not possible, the South Queensland Dispute Resolution Centre provides a non-legal mediation service. They may be able to assist without the need for expensive legal proceedings. They can be contacted at 07 3239 6007.
The services of a mediator may also be sought through the State Government Community Justice Program (contact the Local Magistrates Court for details).
Finally, you can seek legal advice about the feasibility of taking civil action against the party creating the problem if you feel your property has suffered or been exposed to potential damage.
The property owner manages groundwater on their property.
If you and your neighbour cannot resolve the problem, the State Justice Department Dispute Resolution Centre can provide mediation without legal action.
Property owners must accept natural overland flow from:
As a property owner (apart from easements), you have the right to change flow within your boundary as you see fit. Provided you don't affect another property e.g. by concentrating flows onto a neighbouring property.
You cannot erect any type of barrier on your boundary that interferes with the natural path of stormwater, this may impact other parties. Anyone found to be blocking or altering the natural runoff of water, may be held responsible for any damages incurred.
It is illegal to discharge pollutants into the sewerage and stormwater drainage system, such as:
This also means it is illegal to pour harmful chemicals down the sink.
Council officers undertake inspections of building sites and investigate all complaints concerning the discharge of pollutants into the storm water drainage system. Anyone caught discharging pollutants into the city's drainage systems will be issued with an on-the-spot fine.
Residents can also be fined for doing the wrong thing. Next time you are cleaning your paint brushes, make sure you don't let the water run into the drainage system. This also applies to oils and chemicals.
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