Thu, Aug 06 | Highfields Tavern

Stormwater: Lawful Point of Discharge - Discharging the myths

Presented by leading Industry Professional - Tony Loveday
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Time & Location

Aug 06, 2020, 5:30 PM GMT+10
Highfields Tavern, Corner O'Brien & Highfields Rd, Highfields QLD 4352, Australia

About the Event

Target audience: Engineers, Designers, Town planners & Lawyers.

 

Agenda:

  • 5.30pm for 6.00pm Start (Function Room)
  • 6.00pm to 6.30pm Presentation
  • 6.30pm to 6.45pm Questions
  • 6.45pm to 7.30pm Networking and Refreshments

Presentation Overview:

Postponed from March, this rescheduled event is about the Queensland Urban Drainage Manual (QUDM), which is the bible for stormwater design in Queensland, Australia and internationally. Although not a statutory document, QUDM is referenced in most Council Planning Schemes. It addresses the technical and regulatory aspects requiring consideration during the planning, design and management of urban stormwater drainage systems. 

 

There is no overriding statutory law applicable to urban drainage. Development assessment will often involve consideration of stormwater drainage, but there are separate legal requirements for changes to stormwater runoff that cannot be authorised under a development approval.

Previous editions of QUDM provided some guidance on the principles of law involved, but users frequently and incorrectly treated the "lawful point of discharge" test as a legal requirement. QUDM 4th edition 2016 re-phrased Chapter 3 Legal Aspects to clarify the situation in law as it has applied in Queensland for many years. 

 

Redress for development related drainage impacts is available under common law and is related to nuisance. Stormwater related nuisance can take a number of forms.  It is important to understand the change in flow characteristics as a result of development and whether these changes could give rise to an action in nuisance.

 

This presentation provides an overview of QUDM Chapter 3. 

 

The presentation outlines relevant principles of law (particularly common law) and provides commentary on runoff changes that might constitute nuisance.

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