Building Sites (Fact Sheet 11)

Community Living Local Law No 1 states:

5.1 Stormwater Protection

Where any building work is being carried out on any land, the owner, builder or appointed agent must ensure that the building site is developed and managed to prevent stormwater pollution through the contamination of run-off by chemicals, sediments, animal wastes or gross pollutants to the satisfaction of Council or an authorised officer. This includes, without limiting the above, the adoption of measures to:

  1. prevent any mud, dirt, sand, soil or stones being washed into the stormwater system; and
  2. prevent building clean-up, wash-down or other wastes being discharged offsite or allowed to enter the stormwater system.

5.2 Building Work

  1. The owner, builder, appointed agent, person undertaking building work or the operator of any vehicle associated with the building work must not allow mud, clay, debris or material to be deposited on any part of a road or in any public place without the approval of Council or authorised officer.
  2. The owner, builder, appointed agent or person undertaking building work, regardless of whether a building permit has been issued, must notify Council in writing at least 7 days before the commencement of the building work, including the delivery of any equipment or materials, of the proposed building work and of any prior damage to adjacent Council assets.
  3. Any person undertaking building work must not damage Council assets or other infrastructure without the consent of Council or the appropriate infrastructure authority. Any person in breach of this requirement may be given a notice to comply by Council or an authorised officer, which may require the repair or reinstatement of any such assets.
  4. The owner, builder, appointed agent or person undertaking building work must ensure that no entry to the building site takes place other than across a temporary vehicle crossing unless there is no constructed kerb and channel at any such entry point.

5.3 Sanitary Facilities

  1. The owner, builder, appointed agent or person undertaking building work must not undertake building work on a building site unless the building site is provided with a sewered toilet or a portable toilet, to the satisfaction of an authorised officer.
  2. The owner, builder, appointed agent or person undertaking building work must remove any portable toilet on the building site on the completion of the building work.
  3. The owner, builder, appointed agent or person undertaking building work must maintain and regularly clean any portable toilet on the building site to the satisfaction of an authorised officer.
  4. The owner, builder, appointed agent or person undertaking building work must not discharge any sewage, effluent or other waste onto the building site and must dispose of all such waste at a site fully accredited and approved for such waste.

5.4 Containment of Refuse

  1. Where any building work is being carried out on any land (other than building work which, in the opinion of an authorised officer, is minor work to which this Local Law does not apply) the owner, builder, appointed agent or person undertaking building work must:
    1. only undertake building work if a refuse container is provided for the purpose of disposal of builder’s refuse, and, provided the refuse container contains all builder’s refuse on the building site to the satisfaction of Council, its size, design and construction will be at the discretion of the owner, builder, appointed agent or person undertaking the building work;
    2. place the refuse container on the building site and keep it in place (except for such periods as are necessary to empty the refuse container) for the duration of the building work;
    3. not place a bulk refuse container on any Council land or public place without a permit issued in accordance with clauses 3.1 or 3.3;
    4. ensure that all builder’s refuse which requires containment is placed in a refuse container;
    5. ensure that builder’s refuse is not deposited in or on any land other than in accordance with this clause;
    6. ensure that builder’s refuse is not deposited in or over any part of the stormwater system;
    7. manage the placement and operation of the refuse container to the satisfaction of an authorised officer;
    8. ensure that all windblown refuse is placed in a refuse container; and
    9. provide for the separation of refuse as may be required from time to time by Council or the Environment Protection Authority for the purposes of recycling.
  2. The requirement to provide a refuse container referred to in clause 5.4(a) may be waived at Council’s discretion.

Penalty

First offence - 2 penalty units ($200.00)
Second or subsequent offence - 4 penalty units ($400.00)

If you have received a Caution Notice-Notice to Comply please ensure that you follow the compliance details.  Failure to comply may result in an infringement being issued.

For more information please contact the Local Laws Branch on (03) 5832 9741.