New South Wales Department of Local Government
66-72 Rickard Road, Bankstown NSW 2200 Locked Bag 1500, Bankstown NSW 2200
Tel: (02) 9793 0793 Fax: (02) 9793 0799 TTY: (02) 9707 2508
Email: dlg@dlg.nsw.gov.au Web: http://www.dlg.nsw.gov.au
Department of Local Government
Circular to Councils
Circular No:
Date:
File No:
Contact:
02/05
18/01/2002
FF96/1537
Penny Hood
(02) 9793 0831
hood.p@dlg.nsw.gov.au
NEW PENALTY NOTICE POWERS FOR ON-SITE SEWAGE
MANAGEMENT REGUALTION
Commencement of the Local Government (General) Amendment (Penalty
Notice Offences) Regulation 2001
The purpose of this Circular is to advise councils of the introduction of new penalty
notice powers for on-site sewage management offences.
The Hon Harry Woods MP, Minister for Local Government has approved the Local
Government (General) Amendment (Penalty Notice Offences) Regulation 2001 which
will commence on 1 February 2002. The Regulation will enable councils to issue
penalty notices for two existing offences under the Local Government Act 1993:
a) operating a system of sewage management without prior council approval
{s.626(3)}; and
b) operating a system of sewage management otherwise than in accordance
with the terms of an approval {s.627(3)}.
Background
Local councils in NSW have responsibility for systematic supervision of over 250,000
septic systems and other small sewage treatment plants under the Local Government
Act, 1993. Following a call for more streamlined regulatory arrangements by the
Shires Association of NSW, new sewage management guidelines and regulations
were introduced in March 1998. The Local Government (Approvals) Regulation 1999
specifies performance standards for on-site sewage management activities (Clause
47) and requires landowners whose premises are not connected to a reticulated
sewerage system and who operate their own system of sewage management, to do
so with council approval (Clause 45).
Over the past year the Local Governmen