Urban Drainage Act 2013 (Tas)

Urban Drainage Act 2013

An Act to provide for the management of urban drainage and stormwater systems and infrastructure, to repeal the Drains Act 1954 and amend related legislation and for related purposes [Royal Assent 19 December 2013]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Urban Drainage Act 2013 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Interpretation In this Act, unless the contrary intention appears – Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; authorised officer means a person authorised to enter land under section 20A of the Local Government Act 1993 ; connection point means – (a) the point at which a property's private stormwater system connects with the public stormwater system; or (b) such other point as may be prescribed by regulations as the connection point; contract means – (a) an agreement, arrangement, undertaking, lease, licence, warranty or other contract; or (b) part of an agreement, arrangement, undertaking, lease, licence, warranty or other contract; council has the same meaning as in the Local Government Act 1993 ; expenses, in relation to a stormwater service provider, includes – (a) the salaries and wages of its employees; and (b) the compensation, purchase money or rent payable for land; and (c) the cost of materials used, and the consideration payable under any contract, in connection with any work, undertaking or duty which the stormwater service provider is empowered or required to undertake or perform under this Act; general manager has the same meaning as in the Local Government Act 1993 ; municipal area has the same meaning as in the Local Government Act 1993 ; private stormwater system means an installation on a property, that – (a) is not part of the public stormwater system; and (b) is used for collecting or disposing of stormwater; and (c) comprises any or all of the following: (i) roof gutters and downpipes; (ii) rainwater tanks; (iii) surface channels; (iv) kerbs and gutters; (v) subsoil drains and stormwater drains; (vi) any inlet pits which are used, or intended to be used, for the conveyance of stormwater to a disposal system; public land means land owned by – (a) the Crown; or (b) an instrumentality or agent of the Crown; or (c) a council or other local government body, other than a water or sewerage corporation; public stormwater system means – (a) the whole, or part, of a waterway; and (b) any infrastructure used for – (i) the collection or storage of stormwater, including connection points; or (ii) the conveyance or reticulation of stormwater; or (iii) the treatment or disposal of stormwater, including any outfall pipe or other work that stores or conveys water leaving the infrastructure that is used for the treatment and or the disposal of stormwater – but does not include – (c) any private stormwater system, including any pipe, fitting or apparatus that is situated upstream of a connection point to a public stormwater system; or (d) infrastructure situated entirely within one property and not connected to any other infrastructure situated within another property; regulations means regulations made under this Act; stormwater means run-off water that has been concentrated by means of a drain, surface channel, subsoil drain or formed surface; stormwater service means the service that is provided in connection with the collection, storage, treatment, reticulation and disposal of stormwater; stormwater service provider means the council, or an agent engaged to act on behalf of the council, that operates and maintains the public stormwater system within a municipal area; waterway means a creek, rivulet, stream or other natural depression in the land into which rainwater flows.