MAINTENANCE OF URBAN WATERCOURSES ON FACT

PRIVATE PROPERTY SHEET

Disclaimers: This information was believed to be correct at the date of its publication. This Fact Sheet is for general information purposes only, is not legal advice, and
should not be relied upon for that purpose. It provides a brief summary only of the relevant requirements, but not all requirements and exemptions are detailed. For full
details, the relevant legislation, chapters of Wollongong Development Control Plan 2009 and contacts should be consulted prior to carrying out work.

Introduction
This fact sheet has been prepared as a guide for private property owners considering undertaking the maintenance of
urban watercourses located on their land to improve the flow of stormwater.
It applies to all watercourses (except for those where the channel is fully concrete lined or is a fully enclosed pipe
channel) on land zoned residential or business under the Wollongong Local Environmental Plan 2009.
What About the Maintenance of a Channel that is Fully Concrete Lined or is a Fully Enclosed Pipe Channel on
Private Property?
This fact sheet does not apply to a channel that is fully concrete lined or is a fully enclosed pipe channel on private
property. The maintenance of a channel that is fully concrete lined or is a fully enclosed pipe channel on private
property is the responsibility of the property owner(s).
If however, the fully concrete lined channel or fully enclosed pipe channel is located within a legally created Easement
to Drain Water, or an Easement for Drainage of Water benefitting another party, for example Council, then this party is
likely responsible for the maintenance of the channel and may enter upon your land for the purpose of maintaining the
fully concrete lined channel or fully enclosed pipe channel.
If you are concerned about the maintenance of a drainage easement benefitting Council, you may contact Council’s
Customer Service Centre on (02) 4227 7111.
Urban Watercourses and Flooding
Due to its location at the foot of the Illawarra Escarpment, Wollongong is particularly prone to flash flooding. As heavy
rainfall occurs along the escarpment, runoff reaches watercourses very quickly.
Wollongong’s urban watercourses are important to convey stormwater. To ensure the flow of stormwater is not
obstructed, and to reduce the risk of causing damage or nuisance to your own and/or other people’s properties, it is
important watercourses are kept clear of rubbish and/or unauthorised or illegal human-made structures. Excess
vegetation and weeds must also be managed.
Who is Responsible for Maintaining Watercourses on Private Property?
The maintenance of watercourses on private property is the responsibility of the property owner(s).
If however, the watercourse is located within a legally created Easement to Drain Water, or an Easement for Drainage
of Water benefitting another party, for example Council, then this party is likely responsible for the maintenance of the
watercourse and may enter upon your land for the purpose of maintaining the watercourse.
If you are concerned about the maintenance of a drainage easement benefitting Council, you may contact Council’s
Customer Service Centre on (02) 4227 7111.
How do I Find out Whether the Watercourse on my Property is Located within an Easement to Drain Water or an
Easement for Drainage of Water?
Check the Deposited Plan and the Section 88B Instrument (if applicable) for your property. These documents are
available from NSW Land Registry Service www.nswlrs.com.au/ or phone 1300 052 637.
What Activities or Works Require an Approval and/or Permit?
If you intend to remove trees requiring a Tree Management Permit from Council, you will need to apply for such a
Permit. For more details about Council’s Tree Management Permit and Tree Management Permit Policy visit
www.wollongong.nsw.gov.au/services/household/trees/Pages/lodgeatmp.aspx.
In general, the following will require development consent from Council, including any necessary Controlled Activity
Approval from DPI Water or a Dredging Permit from DPI Fisheries as required:
• the removal of trees requiring Council’s development consent (as detailed in Chapter E17: Preservation and
Management of Trees and Vegetation of Wollongong Development Control Plan 2009);
• any works in locations that contain threatened species, or threatened ecological communities, or their habitats as
listed under the Biodiversity Conservation Act 2016 or the Fisheries Management Act 1994, or in Key Fish Habitat
as mapped by DPI Fisheries;
• works, including excavation, scour protection and engineered bed or bank stabilisation works.
Before submitting a development application, you may wish to contact Council’s Duty Planning Officer on
(02) 4227 7111 Monday to Friday between 9.00am and 1.00pm for specific advice on the information required to
accompany the development application.
Address: Wollongong City Council, 41 Burelli Street, Wollongong NSW 2500 Postal: Locked Bag 8821 Wollongong DC NSW 2500 Phone: (02) 4227 7111
Fax: (02) 4227 7277 Email: council@wollongong.nsw.gov.au Web: www.wollongong.nsw.gov.au ABN 63 139 525 939 – GST August 2017

Environmental Strategy and Planning Page 1 of 2 TRIM Doc: Z12/106804 Updated: September 2018
MAINTENANCE OF URBAN WATERCOURSES ON PRIVATE PROPERTY FACT SHEET
Disclaimers: This information was believed to be correct at the date of its publication. This Fact Sheet is for general information purposes only, is not legal advice, and
should not be relied upon for that purpose. It provides a brief summary only of the relevant requirements, but not all requirements and exemptions are detailed. For full
details, the relevant legislation, chapters of Wollongong Development Control Plan 2009 and contacts should be consulted prior to carrying out work.
If you intend to excavate or remove material including accumulated sediment, large woody debris, aquatic vegetation
and boulders from a watercourse mapped as Key Fish Habitat, you may need a Dredging Permit. Contact
DPI Fisheries on (02) 4428 3400 for advice. The Key Fish Habitat map for Wollongong can be viewed at:
www.dpi.nsw.gov.au/__data/assets/pdf_file/0019/341308/WollongongKFHMap.pdf and the Policy and Guidelines for
Fish Habitat Conservation and Management Update 2013 can be viewed via:
www.dpi.nsw.gov.au/fishing/habitat/publications/pubs/fish-habitat-conservation
Before proceeding with watercourse maintenance activities or works, refer to information for Controlled Activity
Approvals on the DPI Water website www.industry.nsw.gov.au/water/licensing-trade/approvals/controlled-activities, or
call the Wollongong office of DPI Water on (02) 4224 9744 to discuss what you are proposing.
What Maintenance Activities Do Not Require any Approval or Permit?
In general, the removal of rubbish, the removal of state and regional priority weeds, the removal of deposited vegetative
waste, or the removal of trees that are exempted from Council’s Tree Management Permit are permitted without Council
approval (ie without a development consent or a Tree Management Permit). In the Wollongong local government area,
priority weeds include blackberry and lantana among others.
Other activities not requiring any approval or permit are those that:
• Do not require the disturbance of soil or disturbance to the bed or bank of the watercourse.
• Do not require native trees or vegetation to be removed or pruned.
• Are not located in areas that contain threatened species, or threatened ecological communities, or their habitats as
listed under the Biodiversity Conservation Act 2016 or the Fisheries Management Act 1994.
Minor maintenance activities, however, must be carried out with care to maintain the physical and ecological integrity of
the watercourse. These maintenance activities must not cause any greater disturbance to soil or vegetation than is
necessary and appropriate erosion and sediment controls must be used (refer to Chapter E22: Soil Erosion and
Sediment Control of Wollongong Development Control Plan 2009 as a guide). The removal of priority weeds or trees
from a watercourse, for example may lead to erosion and scour of the bed and banks. To ensure bank stability, the
poisoned cut stumps of trees are best retained.
In some situations, lantana for example may be holding the banks of the watercourse together, as well as providing
habitat for native animals. Once the area is cleared of lantana, other weeds can invade. Revegetation with local native
plants is essential to reduce the ability of lantana or other weed species from re-establishing. For a list of suitable plants
for revegetation and the density at which they should be planted see Appendix 1 - Riparian Vegetation Rehabilitation
Guidelines of Chapter E23: Riparian Land Management of Wollongong Development Control Plan 2009.
Council recommends the use of qualified and experienced bush regenerators to remove priority weeds and qualified
and experienced arborists to remove trees (look in the Yellow Pages under Environmental Consultants and Services,
Aboriculturists, Tree Felling and Stump Removal).
What Could Happen if I Don’t Get the Right Approval(s)/Permit(s)?
Council takes instances of unauthorised works very seriously. Depending on the circumstances, Council action may
include the issuing of Penalty Notices, the issuing of Notices or Orders to restore the area and proceedings in the Local
Court or Land and Environment Court. The Land and Environment Court can issue fines of up to $1.1 million.
Further Information and Advice
DPI Water – (02) 4224 9744 – www.water.nsw.gov.au
DPI Fisheries – (02) 4428 3400 – www.dpi.nsw.gov.au/fishing
Wollongong City Council – (business hours) (02) 4227 7111 – www.wollongong.nsw.gov.au
Wollongong City Council’s on-line Planning and Constraint Map (contains information from Wollongong Local Environmental Plan 2009 including zoning,
riparian corridors and riparian land) –
www.wollongong.nsw.gov.au/development/maps/Pages/default.aspx
Wollongong City Council’s Tree Management Permit and Tree Management Permit Policy –
www.wollongong.nsw.gov.au/services/household/trees/Pages/lodgeatmp.aspx
Chapter E17: Preservation and Management of Trees and Vegetation of Wollongong Development Control Plan 2009 –
www.wollongong.nsw.gov.au/development/regulations/Pages/dcp.aspx
Chapter E22: Soil Erosion and Sediment Control of Wollongong Development Control Plan 2009 –
www.wollongong.nsw.gov.au/development/regulations/Pages/dcp.aspx
Chapter E23: Riparian Land Management of Wollongong Development Control Plan 2009 –
www.wollongong.nsw.gov.au/development/regulations/Pages/dcp.aspx
Threatened Species and Endangered Ecological Communities (Office of Environment and Heritage) –
www.environment.nsw.gov.au/topics/animals-and-plants/threatened-species
Atlas of NSW Wildlife – www.bionet.nsw.gov.au
Key Fish Habitat maps – www.dpi.nsw.gov.au/fishing/habitat/publications/pubs/key-fish-habitat-maps
Policy and Guidelines for Fish Habitat Conservation and Management Update 2013 – www.dpi.nsw.gov.au/fishing/habitat/publications/pubs/fish-habitat-conservation
Priority Weeds List – weeds.dpi.nsw.gov.au
New South Wales legislation – www.legislation.nsw.gov.au

Address: Wollongong City Council, 41 Burelli Street, Wollongong NSW 2500 Postal: Locked Bag 8821 Wollongong DC NSW 2500 Phone: (02) 4227 7111
Fax: (02) 4227 7277 Email: council@wollongong.nsw.gov.au Web: www.wollongong.nsw.gov.au ABN 63 139 525 939 – GST Registered

Page 2 of 2