Builders and developers are required to prepare erosion and sediment control plans showing how they will minimise soil erosion and trap sediment that may be eroded from a site during the construction of a building. The complexity of the plan depends upon the nature and the scale of the development, especially the amount of land that is likely to be disturbed.
Under the Protection of the Environment Operations Act 1997(POEO), it is an offence to pollute water or place pollution in a position where it could be blown, washed, fall or leak into a drain, gutter or waterway. Polluting stormwater can result in on-the-spot fines or legal proceedings.Council can issue the following fines:
- $520 Clean-up Notice, $520 Prevention Notice, or Penalty Notices for water pollution ($4000 for an individual, $8000 for a corporation)
- There are also fines for failing to comply with a Clean-up or Prevention Notice ($4000 for an individual, $8000 for a corporation).
- Development not in accordance with conditions of consent under the Environmental Planning and Assessment Act 1979(EP&A), the individual fine is $3000 and corporation fine is $6000.
(Note: fees & penalty amounts subject to change in accordance with legislation)
The responsibility for installing, monitoring and maintaining erosion and sediment control measures on building and development sites rests with the person or company nominated as responsible for the site. On individual residential dwelling sites, this responsibility rests with the builder or building company. On larger multiple dwelling sites, industrial sites or subdivisions, it is the developer or builder who is nominated as responsible.
The basic principles of effective erosion and sediment controls are:
- Make sure everyone working on the site understands how important it is to prevent the pollution of stormwater.
- Do not disturb more of the site than you have to and have a stabilised access point.
- Install erosion and sediment controls before starting any works.
- Maintain and modify your erosion and sediment control works throughout the construction phase.
For detailed guidance on appropriate erosion and sedimentation controls for development, refer to Chapter G2: Sustainable Stormwater Management and Erosion/Sediment Control of Shoalhaven Development Control Plan 2014 (Supporting Document 3).