Appendix C - Engineering Report

This approach is also considered to satisfy Section 3.9.1 of the Queensland Urban
Drainage Manual (QUDM 2016), which describes the lawful point of discharge test. The
first part of the criteria for determining the lawful point of discharge is;


    i) Will the proposed development alter the site’s stormwater discharge
        characteristics in a manner that may substantially damage a third party property?


            •   If not, then no further steps are required to obtain tenure for a lawful point
                of discharge (assuming any previous circumstances and changes were
                lawful).


            •   If there is a reasonable risk of such damage, then consider issue (ii) or (iii).


The above test must also be considered in the light of the common law requirements of
Section 3.7, and 3.7.1 of QUDM 2016 which amongst others includes;


“Alterations to the natural flow regime will be lawful if all necessary statutory approvals
have been obtained and complied with, and:


    •   There is no nuisance or interference to the use or enjoyment of affected land;”


and
    •   The person from whose land the water flows (upstream owner) is not liable merely
        because water flows naturally from the persons land onto another person’s land
        (downstream owner).




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