The Golden Plains Shire Council drainage network has over 3000 kilometres of open drains and over 54 kilometres of underground drainage throughout the shire. This network is located within road, recreation and drainage reserves or in private property within drainage easements. There is also additional infrastructure including retarding basins, settlement ponds and other water quality treatment systems.
The Shire is responsible for the maintenance of the drainage network which includes such tasks as cleaning out pits and pipes and removing sediment in open drains.
Open drains (or swale drains) on flat grades are likely to sometimes hold water as it slowly infiltrates the soil or evaporates. Standing water does not always mean the open drain is blocked or not working. This is normal operation of an open drain.
Golden Plains Shire also undertakes drainage upgrades as part of a capital works program. This is an annual program in the Shires budget and all works are considered within the context of other municipal priorities such as road and bridge upgrades.
Please see the below FAQ on drainage easements.
An easement is a right to give others access across your land for things such as drainage, sewer, power or telecommunications supply, or general access (carriageway).
Drainage easements are usually located along the side or rear of the property and may be in favour of Golden Plains Shire Council (GPSC) or could be other properties so that water can leave their property and travel across yours.
Drainage easements are created to allow others - usually GPSC - to manage the conveyance of stormwater drainage through private property.
A drainage easement in favour of GPSC means that the property owner cannot do anything that would impede the drainage function or the rights of GPSC such as block or restrict water flow.
Once registered on the property Title, the easement beneficiary is able to use and access the easement for construction, inspections, maintenance, repair or replacement purposes. GPSC may need to enter a property from time to time and complete work within the easement boundaries. At times this may also require minor works outside the easement boundary and most easement documents allow this to occur, providing the constructed drainage infrastructure is inside of the easement area. All reasonable care will be taken when gaining access to and working in the easement.
Written permission from the relevant easement beneficiary or beneficiaries will be required. e.g., GPSC, Central Highlands Water, and Barwon Water may share an easement for drainage and sewerage purposes.
GPSC is unlikely to consent to building works in easements unless the structure can be readily removed to provide access for asset maintenance or replacement.
The property owner can put fencing across the drainage flow path at the property boundaries. However, the fencing must not restrict or reduce the flow of water. All fencing, and any damage caused by the flow of water, is the responsibility of the property owner.
Check the Title of the property. A copy of the Title can be ordered from here.
The Water Act 1989 (Victoria), states there is no legal liability when water flows naturally across a boundary. This is water resulting from rain, floods, or the slope of the land. Landowners are required to accept natural overland flow from adjoining properties or public land and must not divert or redirect the flow from its natural path onto neighbouring properties.
A downstream property owner cannot put up any type of barrier that interferes with the path of stormwater unless provision is made for the flow to discharge to an approved drainage system. If you are downstream, you must accept the ‘natural’ run-off onto your property.
Disagreements between neighbours about water flow are generally a civil matter. If you are in disagreement with a neighbour, discuss the situation with them. Try to come to a mutually agreeable solution. If you cannot reach an agreement, you can refer the matter to the Dispute Settlement Centre of Victoria (DSCV) for mediation.
If the overland flow is coming from a property under development, you should speak with the
development's Building Surveyor or consulting engineer and notify GPSC. The requirement to control silt and stormwater is a condition on all building and planning permits.
Culverts and pipes under roads are maintained by GPSC. The property owner is responsible for the maintenance of their driveway culvert, and you should regularly clean out the culvert.
Maintenance of the easement area including open drains and creeks generally remains the responsibility of the property owner. This includes all vegetation management. Owners must keep the easement free from shrubs and trees and should mow the area if possible. “Cleaning out” a drain on private property is not something GPSC would do unless over 50% of the drains cross-sectional area has been reduced by deposited silt and it is necessary to reinstate hydraulic capacity. Open drains in drainage easements can lead to some ponding of water and sometimes scouring and siltation. Standing water does not always mean the open channel will not function as required and GPSC does not carry out work to prevent this.
All new developments are required to install water tanks, a basin or other means of storing and attenuating stormwater runoff. The stored stormwater is discharged at a rate not greater than that for the undeveloped site.
A property owner must make sure the water flow capacity of the drain is not reduced by any action or inaction. For example, a property owner cannot:
- Construct any buildings or structures in the easement area.
- Add any fill or complete earthworks (without formal approval).
- Allow the easement to become overgrown.
- Plant trees or shrubs in the easement that restrict water flow.
If a property owner fails to comply with the easement conditions, GPSC has the legal right to rectify the situation and apply any costs to the land (i.e., this can be charged to the property rates account). Any rectification will also be evaluated to determine access requirements and permissions, OH&S issues, identify hazards, and assess risks.