What is the legal point of discharge?

The legal point of discharge is a point specified by Council where stormwater from a property must be discharged. This point is usually Council’s stormwater drain or a drain in an easement, where available, or street kerb and channel.

Council is regularly asked to provide direction on the legal point of discharge for both existing properties and the redevelopment of residential, commercial and industrial developments.

Why do you need to get a Legal Point of Discharge?

Under Section 610 of Building Regulations 2006, it is a legal requirement that all property owners must ensure that the stormwater drainage from their property is connected to a legal point of discharge, nominated by the Council.

When you need to apply for a legal point of discharge?

This is a legal requirement every time you change your roof or paving, irrespective of whether you have obtained this type of approval for your property in the past.

The property owner is also responsible for the maintenance and repair of the drain between their property and the legal point of discharge, even if the point of connection occurs within a street reserve or public land.

Who is Responsible for Design Checking?

The design of every stormwater drainage system to the point of discharge from a property must be approved by the Relevant Building Surveyor. Council is not required to check and approve the design.

However, Section 610 of the Building Regulations 2006 does not limit Council’s powers under the Local Government Act 1989 to instigate a drainage scheme or require an owner to perform drainage works.

How to apply for the legal point of discharge permit?

You can apply for a legal point of discharge permit from Council, which provides the location to which the stormwater drainage discharge from your land must be directed. There is an application fee for this report.

Legal Point of Discharge Application

Complete and submit your application:

  • Email – shire@hepburn.vic.gov.au
  • Mail – Hepburn Shire Council, P.O. Box 21, Daylesford 3460 or
  • By Hand – bring your form to a Council Customer Service Centre.

Your building surveyor must consider this report before issuing a building permit.

Please note:

  • This permit does not provide a plan of stormwater drains on your land.
  • Issues relating to flooding or overland flow of water between adjoining properties need to be resolved between the private property owners involved.  These issues are not the responsibility of the Hepburn Shire Council.