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Negotiated Decision Notice OPW26 0033 (As Published)
61. Subsoil drains are to be cleaned out and accumulated sediment manually removed from the
surface of basin and coarse sediment forebays at Off Maintenance and as required during
the maintenance period.
62. All stormwater quality treatment devices must be maintained by the development in
accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version
1) until they are accepted as Off Maintenance by Council.
63. Any defects in WSUD devices identified during the maintenance period must be reviewed
and a report recommending required rectification works submitted to Council and endorsed
by Council’s delegate. Works to repair the device and prevent the problem occurring in the
future must be completed and the device maintained for a minimum period of 12 months prior
to the WSUD device being accepted as Off Maintenance.
64. Prior to Council accepting the bioretention devices Off Maintenance, maintenance checklists
including the full cost of maintaining the devices in accordance with Water by Design (2009)
Maintaining Vegetated Stormwater Assets (Version 1) must be submitted to Council.
Erosion and Sediment Control
65. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination.
66. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties.
The sediment and erosion control design and measures have NOT been approved, it is the
site's Supervising Engineer who is responsible for ensuring that the sediment and erosion
control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. Been revised to address predicted rainfall events; and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
67. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer’s instructions and the current best practice
standards. A copy of the latest erosion and sediment control plan, prepared and endorsed
by a suitably qualified person (RPEQ/CPESC), must be made available to Council within 5
business of request.
(*) Refer to Advisory Note
68. All erosion and sediment controls must be inspected to ensure the controls are not being
bypassed. Inspections must occur and be electronically recorded:
a. at least daily (when work is occurring on site) or weekly (when work is not occurring on
site); or
b. within 24 hours of expected rain; or
c. within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to
mobilise sediment on site).
Page 15 of 22
Document Set ID: 25209919
Version: 4, Version Date: 02/10/2026
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