Part 3Provision of water services: operational matters
Management of stormwater networks: Stormwater network bylaws
206Stormwater network bylaws
Water services bylaws that a territorial authority may make under section 258 include stormwater network bylaws to support a water service provider’s stormwater network risk management plan (see section 258(1)(c)).
Without limiting subsection (1), stormwater network bylaws may impose requirements—
- in relation to managing and operating critical infrastructure and all other parts of a stormwater network that can affect the operation of critical infrastructure (see section 203(1)(c)); and
- on the owners of private land in relation to managing overland flow paths and watercourses (see section 203(1)(g)(ii)); and
- in relation to any matter concerning the management and operation of a stormwater network, including—
- obstructions and diversions of stormwater; and
- ground soakage systems; and
- alterations to the network; and
- damage to the network.
- obstructions and diversions of stormwater; and
Without limiting subsection (2)(b), stormwater network bylaws may require private landowners to notify the water service provider about—
- any impairment of the capacity of a relevant overland flow path or watercourse to receive stormwater from, or take stormwater to, other infrastructure in the network; and
- any activity the landowner proposes to carry out near the overland flow path or watercourse that has the potential to cause an impairment of that capacity.
A territorial authority must not make a stormwater network bylaw in relation to an overland flow path within or crossing a transport corridor.
An owner of private land that has an overland flow path or a watercourse crossing over or beneath it must comply with any stormwater network bylaw that applies to that land.
Nothing in sections 182 and 208 prevents a stormwater network bylaw from applying to a private owner (as defined in section 208(4)).


