Development Without Consent and Miscellaneous Exempt and
Complying Development 16 - When rainwater tanks are exempt development
(1) For a rainwater tank to be exempt development, it must
comply with the following requirements:
-
(a) the capacity of the tank, or the combined capacity
of tanks, on a lot must not exceed 10,000 litres,
-
(b) the tank must be designed to capture and store roof
water from gutters or downpipes on a building,
-
(c) the tank must not collect water from a source other
than gutters or downpipes on a building or a water supply service pipe,
-
(d) the tank must be fitted with a first-flush device,
being a device that causes the initial run-off of any rain to bypass the
tank to reduce pollutants entering the tank,
-
(e) the tank must be structurally sound,
-
(f) the tank must be prefabricated, or be constructed
from prefabricated elements that were designed and manufactured for the
purpose of the construction of a rainwater tank,
-
(g) the tank must be assembled and installed in
accordance with the instructions of the manufacturer or designer of the
tank,
-
(h) the tank, and any stand for the tank, must be
installed and maintained in accordance with any requirements of the public
authority that has responsibility for the supply of water to the premises
on which the tank is installed,
-
(i) the installation of the tank must not involve the
excavation of more than 1 metre from the existing ground level, or the
filling of more than 1 metre above the existing ground level,
-
(j) the tank must not be installed over or immediately
adjacent to a water main or a sewer main, unless it is installed in
accordance with any requirements of the public authority that has
responsibility for the main,
-
(k) the tank must not be installed over any structure
or fittings used by a public authority to maintain a water or sewer main,
-
(l) no part of the tank or any stand for the tank may
rest on a footing of any building or other structure, including a
retaining wall,
-
(m) the tank must be located behind the front alignment
to the street of the building to which the tank is connected (or, in the
case of a building on a corner block, the tank must be located behind both
the street front and street side alignments of the building),
-
(n) the tank must not exceed 2.4 metres in height above
ground level, including any stand for the tank,
-
(o) the tank must be located at least 450 millimetres
from any property boundary,
-
(p) a sign must be affixed to the tank clearly stating
that the water in the tank is rainwater, Note. If water in rainwater tanks
is intended for human consumption, the tank should maintained to ensure
that the water is fit for human consumption-see the Rainwater Tanks
brochure produced by NSW Health and the publication titled Guidance on the
use of rainwater tanks, Water Series No 3, 1998, published by the National
Environmental Health Forum.
-
(q) any overflow from the tank must be directed into an
existing stormwater system,
-
(r) the tank must be enclosed, and any inlet to the
tank must be screened or filtered, to prevent the entry of foreign matter
or creatures,
-
(s) the tank must be maintained at all times so as not
to cause a nuisance with respect to mosquito breeding or overland flow of
water,
-
(t) any plumbing work undertaken on or for the tank
that affects a water supply service pipe or a water main must be
undertaken: (i) with the consent of the public authority that has
responsibility for the water supply service pipe or water main, and (ii)
in accordance with any requirements by the public authority for the
plumbing work, and (iii) by a licensed plumber in accordance with the New
South Wales Code of Practice-Plumbing and Drainage produced by the
Committee on Uniformity of Plumbing and Drainage Regulations in New South
Wales,
-
(u) any motorised or electric pump used to draw water
from the tank or to transfer water between tanks: (i) must not create an
offensive noise, and (ii) in the case of a permanent electric pump, must
be installed by a licensed electrician. (2) Despite subclause (1) (a), a
rainwater tank with a capacity exceeding 10,000 litres may be exempt
development if another environmental planning instrument applying to the
land concerned provides for such a rainwater tank to be exempt
development. (3) This clause does not apply to land that is a lot within
the meaning of the Strata Schemes (Freehold Development) Act 1973 or the
Strata Schemes (Leasehold Development) Act 1986.
