Urban Drainage (General) Regulations 2016

Urban Drainage (General) Regulations 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Urban Drainage Act 2013 .

C. WARNER

Governor

By Her Excellency's Command,

JEREMY ROCKLIFF

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Urban Drainage (General) Regulations 2016 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Urban Drainage Act 2013 ;

[Regulation 3 Amended by No. 39 of 2018, s. 75, Applied:01 Jan 2017] building surveyor has the same meaning as in the Building Act 2016 ;

[Regulation 3 Amended by No. 39 of 2018, s. 75, Applied:01 Jan 2017] building work has the same meaning as in the Building Act 2016 .

4.   Prescribed structures

(1)  For the purposes of section 13(1) of the Act and subject to subregulation (2) , a prescribed structure means any structure other than the following:

(a) a non-roofed deck that –

(i) is made of timber products; and

(ii) is not more than one metre above finished ground level; and

(iii) is not situated within one metre laterally from the outer edge of a public stormwater system;

(b) a pergola, garden arch, trellis or frame if the structure –

(i) does not exceed 20 square metres in total area; and

(ii) is not more than 3 metres above finished ground level at its highest point; and

(iii) is not covered or is covered only by open-weave material which allows water through;

(c) a swimming pool or water feature if –

(i) the maximum possible water surface area is not more than 9 square metres; and

(ii) the maximum possible water depth is not more than 300 millimetres;

(d) a non-roofed windmill or a mast, antenna or flagpole or a support structure of a wind turbine if the windmill, mast, antenna, flagpole or support structure –

(i) is not attached to a building and is not more than 6 metres high; or

(ii) is not situated within one metre laterally from the outer edge of a public stormwater system;

(e) a fence or wall, constructed of masonry or concrete, that is not higher than 1.2 metres;

(f) a fence or wall, constructed of material other than masonry or concrete, that is not higher than 2.1 metres;

(g) a builder's site shed that is –

(i) being used in connection with building work for which a building permit is in force; or

(ii) being stored in a location permitted by the relevant building surveyor;

(h) a permanent walkway, or platform, that –

(i) is not part of a building; and

(ii) is less than one metre above finished ground level; and

(iii) members of the public normally use or are permitted access to.

(2)  A structure referred to in subregulation (1) is a prescribed structure for the purposes of section 13(1) of the Act if it is situated within one metre laterally from the outer edge of a clearly identifiable public stormwater system access point.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 23 March 2016

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.