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ARTICLE · 22 SEPTEMBER 2024

Who is liable for stormwater assets in Victoria?

Holding Redlich
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Victorian legislation does not impose a positive statutory duty on councils to maintain their stormwater assets.

AustraliaGovernment, Public Sector
Joseph Monaghan
Joseph Monaghan
Jesse Cowie (formerly at Holding Redlich)
Jesse Cowie (formerly at Holding Redlich)
Olivia Johnson
Olivia Johnson
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A recent news article reported on a resident's fears of ageing stormwater drains flooding, noting that "Council really need to be responsible for what they own to protect our home and our assets." But who is responsible for stormwater drains and wider assets?

According to section 198 of the Local Government Act 1989 (Vic), public sewers and drains are under the management and control of councils. However, Victorian legislation does not explicitly impose a positive statutory duty on councils to maintain their stormwater assets.

In 2023, the Victorian Government sought public input on a draft legislative instrument made under section 156 of the Environment Protection Act 2017 (Vic), which placed obligations on managers of land or infrastructure.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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