Stormwater Drainage

Property owners are responsible for installing and maintaining stormwater drainage systems within their own property boundaries.

Whitsunday Regional Council does not manage or control natural overland water flow on private land. Property owners must ensure that any changes to natural surface water runoff do not interfere with the common law rights of neighbouring property owners, as causing nuisance or damage could result in civil legal action.

Where a registered easement exists for stormwater drainage, it is intended to protect the function of overland flow paths and/or underground drainage infrastructure. Property owners must maintain these easements, keeping open drains clear of vegetation, rubbish, or other obstructions so that stormwater can flow freely.

Owners should be familiar with any registered easement affecting their property and follow requirements regarding the placement of fences, garden beds, or other structures within a drainage easement.

If a property has stormwater infrastructure such as roof gutters, downpipes, subsoil drains, or stormwater pipes, Whitsunday Regional Council has the authority under the Local Government Act 2009 to require the owner to connect this system to a Council stormwater outlet (such as roadside kerb and channel or an interallotment drainage network).

If no Council stormwater outlet is available, or the site is unsuitable, for example, if the land slopes away from the street and no interallotment drainage exists, Council will not require a connection.

Under the Building Act 1975, drainage for new buildings or developments must be designed to protect neighbouring properties, buildings, and structures from damage.

For new buildings in the Whitsunday Region, stormwater must be directed to one of the following lawful points of discharge:

• Kerb and channel
• An interallotment drainage system
• A Council-controlled drainage easement or drainage reserve
• A Council-maintained table drain
• An RPEQ-engineered on-site disposal system (e.g. absorption trench).

Connection to any Council-controlled drainage infrastructure requires prior approval from Council. Contact Infrastructure Services on 1300 972 753 for guidance.

The Building Certifier who approves the work is responsible for ensuring stormwater requirements are met at the final inspection. If this is not addressed, concerns should be reported to the Queensland Building and Construction Commission (QBCC) for investigation.

If installing a rainwater tank with an overflow directed to an on-site stormwater dispersion system, Council approval is required before installation (Queensland Development Code MP4.2, acceptable solution A13).

Issues involving overland stormwater flow between neighbouring properties are generally considered a civil matter and should be resolved directly between the property owners. Whitsunday Regional Council has limited authority to intervene in such cases.

If you are unable to reach an agreement with your neighbour, the Queensland Government’s free mediation service may be able to assist and help you avoid costly legal proceedings.

For more information, visit the Queensland Government Neighbourhood Disputes webpage.

In some subdivisions, one or more interallotment drainage systems are installed to assist with lot drainage. These systems may be required by Council as part of the development approval or may be added by the developer to improve drainage across the estate.

Where an interallotment drainage system has been installed as a Council requirement, it is generally (though not always) located within a registered drainage easement and maintained by Council.

If the system was installed by the developer solely to improve drainage for the allotments, it is considered privately owned. In these cases, the property owners who benefit from the system are responsible for its upkeep.

Any alterations or blockages that affect the system and cause problems for neighbouring properties are considered a civil matter between owners.

If you are unsure whether an interallotment drainage system is public or private, contact Council for assistance in identifying who is responsible for its maintenance.

Sometimes, structures such as fences, retaining walls, garden beds or other landscaping can alter the natural path of overland water flow. This can occasionally cause problems for neighbouring properties.

Whitsunday Regional Council does not have authority to regulate these situations or take enforcement action between private landowners. If a dispute arises, it becomes a civil matter for the parties involved to resolve.

Council encourages affected neighbours to discuss the issue openly and look for a solution together.

For example, with the written consent of the lower property owner, an uphill landowner might choose to install a stormwater pipe through the lower property to connect to the kerb and channel. This could help reduce the amount of water flowing onto the lower property.

Ultimately, any such arrangement is a private agreement between neighbours and Council cannot enforce an outcome.

In Rural Zoned Areas, the level of drainage infrastructure is typically less than what is provided in Low Density Residential areas.

Roadside table drains in rural locations are primarily designed to lower the water table alongside the road, helping to prevent the road pavement from becoming saturated and failing under traffic loads.

These drains are not intended to function as a full stormwater system for private rural properties, although they may occasionally reduce run-off as a secondary benefit.

Table drains are designed to handle relatively low-intensity rainfall events. During heavier downpours, it is normal for them to overflow, allowing excess water to follow its natural overland flow path.

Seepage water, groundwater that rises to the surface, is the responsibility of the property owner to manage. This is usually addressed through the installation of seepage drains.

Whitsunday Regional Council does not install drainage infrastructure on private property to deal with naturally occurring groundwater.

Seepage can happen where sloping land has been cut to create a level yard or building site, or it may occur naturally at ground level. Property owners are encouraged to work with neighbouring landholders to manage the issue and, where possible, direct the water into the Council stormwater system if one is available nearby.