Stormwater disposal responsibilities

• Pipes are to be located a minimum of 100mm below ground level – 1 metre back from the kerb
• Ensure that pipe and connection are located at the approved legal discharge point
• Stormwater is not to connect to the sewer
• Ensure stormwater pipes and connections do not interfere with or damage existing services or infrastructure
• Pipes to have a minimum grade of 0.5%
• Refer to Standard Drawing S1035 for general layout for pipe to kerb and connection.

• Ensure pipe joins are properly sealed to prevent root intrusion
• Pipe condition to be maintained and kept to a satisfactory level (ie. broken pipes are the property owner’s responsibility to repair)

• Install a kerb adaptor when connecting stormwater to the kerb & channel
• Multiple connections to the kerb are allowed but kerb adaptors must be used
• Repair kerb with concrete where no kerb adaptor is used

When installing new stormwater and kerbside drainage, you must:

• Locate underground services and infrastructure; We recommend you use Dial Before you dig - (1100.com.au)
• View Council requirements for stormwater kerb & channel connections and standard drawings
• Ensure the stormwater pipe has 100mm of cover to the ground surface and is 1 metre back from the kerb

Overland surface water flow between private properties usually occurs when the natural contours of the land are sloping from one lot to the next. Overland flows between properties are common in older areas of Cairns where Council development requirements at the time did not cover this issue.

An upstream property owner cannot be held liable merely because surface water flows naturally from their land on to the lower land of a neighbour. However, if the flow has been intensified by directing, channelising or piping it, it then becomes the responsibility of the property owner who has made the change.

In the case of natural flows it is the responsibility of a downstream property owner to manage and protect the lawfully constructed buildings on their property. This can be achieved by installing private inter-allotment drainage which is then directed to a lawful point of discharge, such as the kerb and channel at the front of the property or to a  drainage easement. Flows are not permitted to be unnaturally concentrated and directed into neighbouring properties.

Roof water pipes are connected to a building’s gutters and will carry the property’s water to the lawful point of discharge. Typically, this will be the kerb and channel in the road at the front of the property, alternately it can be directed to a pit on site and piped to a lawful point of discharge.

All roof water infrastructure and tank overflow which is located on Council’s verge/footpath, such as underground stormwater pipes which connect from the property line to Council’s kerb and channel, remain the property of the homeowner who is responsible for the maintenance up to and including the connection point (i.e. kerb adaptors and surrounding concrete kerb).

Flow from roof water pipes cannot be directed in a way that causes water to pool and become stagnant. Building applications are issued with a decision notice and/or approved plan which outlines what the builder, owner or deveoper must do for stormwater drainage on the property (i.e. connect to kerb, install inter‐allotment drainage etc.)

A drainage easement is an arrangement where the property owner must allow Council to use a portion of their property for conveying water. In older areas of Cairns it was common for developers to use easements rather than construct dedicated drainage.

Easements are legal agreements and the owner of the property must abide by the conditions of the agreement. This commonly involves a restriction from building within the easement and a requirement to keep the easement free from anything that will block the flow of water.

Ground water is the responsibility of individual property owners and should be controlled by the installation of appropriate private drainage.

Where sloping blocks have been excavated to obtain a flat yard or building site, seepage drains should be constructed to redirect water to a stormwater drainage system. Residents should liaise with neighbours to address such issues. If possible, drainage easements should be created to direct water to an existing Council stormwater system.

• Flow paths, pipes or inlets are blocked. Property owners may be liable for damages if any fill, structure or fence on your property blocks or concentrates natural flows and increases the flood levels or frequency to a neighbour’s property. Dumping grass and tree clippings into drains (including drainage easements) may also cause blockages during heavy rain.
• Natural topography does not allow the area to drain. Cairns City is very flat and prone to flooding in areas. There are some areas that will flood when a high tide and heavy rainfall occur at the same time. In this case the height of the tide prevents the drains from emptying.
• In heavy rain events the full width of the road has been designed to act as part of the drainage network. In these events the road corridor can be submerged for short periods of time until the piped system can accommodate the flows.

Complaints about buildings under construction that are subject to a current building approval should, in the first instance, be referred to the building certifier. The individual builder remains responsible for all stormwater installations until the building agreement is finalised or has lapsed. In the event of a complaint, the building certifier has enforcement powers and must take appropriate action under relevant legislation.

Council only has powers at the planning phase and does not have any legal ability to get involved in circumstances where fences, walls, swimming pools, landscaping, garden beds, buildings, structures and the like, which have already been erected, and are interfering with the path of stormwater.

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 without a third party, the services of a mediator may also be sought through the Queensland Civil and Administrative Tribunal

If one or both parties feel that the situation cannot be resolved through mediation, and a property has suffered or been exposed to potential damage, legal advice about the feasibility of taking civil action against the party creating the problem can be sought.