FAQs

A defined area of land which allows the administrator to make use of land that is not owned by them for a particular purpose. It provides access rights to the administrator and restricts it’s uses.

The administrator known as the benefiter can be the City, other landowners or other service providers.

In the case of drainage easements benefiting the City, the easement would perform a drainage function, and can include City assets such as pipes, pits, open drains and creeks. The City is responsible for the maintenance of City infrastructure within the easement, but the ongoing maintenance of natural waterways and other items is the responsibility of the landowner.

In the case where the easement is benefitting a landowner, the restrictions/allowances will be stipulated in the deed agreements. The City does not maintain any assets within these easements or become involved in disputes between landowners

Restrictions can be put in place that impacts the ongoing functionality of the easement such as building permanent structures

While the City is not responsible for the stormwater runoff from private properties and water through natural watercourses the Local Government Act gives the following rights the City in relation to drainage:

• In relation to drainage as per Clause 3.27 and Schedule 3.2; a local government can perform the following tasks even though the land is not local government property and the local government does not have consent to it
  1. Carry out works for the drainage of land
  2. Do earthworks or other works on land for preventing or reducing flooding
• As per Clause 3.25 and Schedule 3.1; a local government can instruct a landowner to complete works within their land to
  1. Prevent water from dripping or running from a building on the land onto any other land
  2. Protect watercourse, drains, tunnels and bridges that are local government assets
  3. Protect roads from water damage
• In accordance with Section 3.22 (5) of the Local Government Act, compensation is not payable for damage sustained through a local government due to draining water onto land to the extent that the water follows a natural watercourse
• City requires private property to manage drainage within their properties as per the City of Kalmunda’s Stormwater Design Guidelines for Subdivisional and Property Development.

Modifications to watercourses and surface flow paths will require development approval, as per the planning and development act 2005

Drainage is the process of removing surface and sub surface water for serviceability, safety and flood immunity

Stormwater is water flowing over ground surfaces and in natural streams and drains as a direct result of rainfall over a catchment (ARMCANZ and ANZECC, 2000).

Define Drainage performance

City’s obligation for maintaining stormwater within road reserves and City reserves are as follows:

The first point of contact relating to flooding damage should be your insurer. If the damage is relating to the City’s stormwater network please contact the City through enquiries@kalamunda.wa.gov.au

Define Land Planning

• If you are developing/subdividing please refer to the City’s Stormwater Design Guidelines for Subdivisional and Property Development, located on the City’s website: https://kalblob.blob.core.windows.net/kallibrary/docs/default-source/engineering/stormwater-design-guidelines-for-subdivisional-and-property-development.pdf?sfvrsn=369250d5_6
• If your neighbour is developing they will be required to maintain existing flow conditions as per the above standard.

What are Contaminants

Types of common stormwater contaminants include:

• Detergents from washing cars
• Excess fertiliser from lawns
• Silt and soil
• Swimming pool
• Construction waste
• Hydrocarbons from roads/driveways/parking
• Organic material (leaves)

The City of Kalamunda is encouraging residents to provide feedback.

Post to: City of Kalamunda, PO Box 42, Kalamunda WA 6926
 Email: enquiries@kalamunda.wa.gov.au 

For more information contact the City of Kalamunda on 9257 9999. We will also keep you informed through website updates, by telephone or face to face conversations if that is your preferred method of communication. Please let us know.