Lawful Point of Discharge – Discharging the myths

Abstract

The Queensland Urban Drainage Manual (QUDM) 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.

QUDM Version 2 was released in 2007. A draft update was published in 2013 but was never formally released. Since mid 2016, the 2013 draft has been undergoing a review in preparation for formal release, under the watchful eye of a Review Steering Committee. The work is being funded by DEWS.

The update is currently undergoing final proofing and QUDM 2017 is expected to be released in the next few months.

The term “lawful point of discharge” (LPOD) was first introduced in the original 1992 edition.

Previous editions of QUDM have provided some guidance on the principles of law involved, which sometimes resulted in the ‘lawful point of discharge’ test in QUDM being treated as a legal requirement. The 2017 review has taken input from a law practitioner experienced in planning law to add clarity, particularly to Chapter 3 Legal Aspects.

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. Importantly, the impacts of changes to stormwater runoff patterns resulting from development can give rise to action under common law, and complaints to the local government.

Redress under common law 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 the revisions to QUDM Chapter 3.

The presenters are an experienced lawyer and an experienced engineer, both of whom were members of the QUDM Review Steering Committee. The presentation outlines relevant principles of law (particularly common law) and provides commentary on runoff changes that might constitute nuisance.