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LPOD (Legal Point of Discharge) Melbourne

A Legal Point of Discharge (LPOD) is the point at which stormwater from a property is legally allowed to be discharged into the public stormwater system. It is a crucial component of the stormwater management process, as it helps to protect the quality of water by ensuring that stormwater is appropriately managed and controlled.

It is typically located at the property boundary and is designated by the local council or water authority.

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What Does "Legal Point of Discharge" Refer to?

The ‘Legal Point of Discharge’ is often the lowest point on a property. This is where stormwater that has fallen on it is collected and discharged. This amassed stormwater is then ‘discharged’ or transferred to the municipal stormwater system, which is often a roadway or property easement underground drain.

In the absence of an underground drain, rainwater is channelled to the ‘kerb and channel’ in the next street.

In certain circumstances, it will be necessary for the property owner to build a new drain in order to join the Council’s stormwater system. Up to the Council’s stormwater system, all drains, even those beyond the property line, must be built and maintained by the property owner.

Locating LPOD 1 | Enviro Drainage
Determining LPOD | Enviro Drainage

How is the legal point of discharge determined?

The determination of the LPOD depends on several factors. It depends on the size and location of the property, the type of development on the property, and the local council or water authority’s stormwater management requirements. In some cases, a site-specific stormwater management plan may need to be prepared to determine the appropriate LPOD.

The LPOD can be determined through the following steps:

  • Consultation with the local council or water authority to determine the stormwater management requirements for the area.
  • Evaluation of the site’s topography, including the slope and drainage patterns.
  • Assessment of the potential impact of stormwater runoff on neighbouring properties and the environment.
  • Identification of any existing drainage infrastructure and its capacity.
  • Design appropriate stormwater management measures, such as detention basins or rain gardens, to control and treat the stormwater before it is discharged.
  • Determination of the location of the LPOD based on the stormwater management requirements and the design of the stormwater management measures.

What information does the legal point of discharge report provide?

In the Legal Point of Discharge Report, the following details shall be included:

  • The Legal Point of Discharge according to the Building Act 
  • The Connection Point
  • Information on the location of any Council drains.
  • Recommendations for additional building and planning requirements

What makes LPOD significant?

Locating LPOD 2 | Enviro Drainage

It’s crucial to avoid obstructing stormwater drainage, whether constructing a brand-new home, repairing the roof or private drains, or doing any other construction or maintenance work.

To prevent rainfall from causing damage, you must make sure that your private drain is linked lawfully to the Council drainage system or ‘kerb and channel’.

Additionally, you don’t want anything else but rain to go into the stormwater system.

What obligations do property owners have?

All drainage infrastructure connected to the drainage of private land is the responsibility of the property owner. This covers all drainage up to the “Legal Point of Discharge,” or the point of connection to the Council asset. 

This implies that stormwater flow from private property is your responsibility up to the point at which it connects with the Council’s drainage infrastructure.

The property owner is the one responsible for making sure that the legal point of discharge designated by the council is linked to the stormwater pipes on the property. In order to facilitate connections for residents, developers often include home connection points in new projects. 

The property owner is still responsible for these home connections since they are still a component of the private drainage system.

We recommend that you consult a qualified plumber to handle problems with private drains. Private drains that are clogged or destroyed by the council are at risk of contaminating our lakes, streams, and the ocean.

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Frequently Asked Questions

What is the difference between a LPOD and a stormwater drain?

A LPOD is a specific point on a property where stormwater runoff is allowed to discharge. A stormwater drain, on the other hand, is a system of pipes and channels that collect and carry stormwater runoff away from properties.

 

If you discharge stormwater onto your neighbor’s property, you may be liable for any damage that is caused. This is because stormwater runoff can carry pollutants and sediments that can damage property and waterways.

 

The penalties for discharging stormwater without a permit vary from state to state. However, in most cases, the penalties can be significant. In some cases, you may be issued with a fine of up to $10,000. In other cases, you may be required to disconnect your stormwater drainage system and make other changes to your property.

 

The steps involved in getting a LPOD permit vary from council to council. However, in general, you will need to contact your local council and request an application form. Once you have submitted the application form, your council will review it and make a decision. The decision process can take several weeks.

 

There are a number of benefits to getting a LPOD permit. These include:

  • Reducing the risk of flooding
  • Protecting your property from erosion
  • Improving water quality
  • Conserving water resources
  • Reducing the risk of mosquito-borne diseases
  • Improving the appearance of your property

There are a number of risks associated with not getting a LPOD permit. These include:

  • The possibility of being fined by your council
  • The possibility of being required to disconnect your stormwater drainage system and make other changes to your property
  • The possibility of causing damage to your neighbor’s property

The purpose of an LPD is to regulate and control the location where stormwater or wastewater can be legally discharged into the local drainage system. It ensures proper management of water runoff and prevents environmental pollution.

 

The LPD is typically determined by local councils or water authorities. They consider factors such as property location, drainage infrastructure capacity, and environmental impact when designating the LPD.

 

The LPD is established through local planning regulations or development permits. These documents outline the specific requirements and guidelines for stormwater and wastewater discharge from properties within the jurisdiction.

 

Yes, all properties should have a designated LPD specified by the local authority. Compliance with the LPD is necessary for property owners and developers to ensure responsible water management.

 

Discharging outside the designated LPD is generally not permitted and may be considered a violation of regulations. Property owners could face penalties or legal consequences for non-compliance. It is crucial to follow the approved LPD to avoid environmental harm and maintain proper drainage.

 

Changes to the LPD typically require a formal application process to the local authority. The proposed changes should align with relevant regulations and meet the necessary criteria before being approved.

Yes, there may be restrictions on the quality and quantity of water that can be discharged into the LPD. Water quality standards and regulations aim to minimize pollution and protect the local ecosystem.

 

Non-compliance with the LPD regulations can result in penalties, fines, or legal action. Authorities enforce these regulations to ensure responsible water management and prevent harm to the environment.

Remember, the specific regulations and processes surrounding LPDs may vary between different local jurisdictions in Australia. It’s advisable to consult with the relevant local council or water authority for accurate and up-to-date information.

LPODs are an essential component of stormwater management and help to protect the quality of our waterways. The determination of the LPOD involves a thorough evaluation of the site’s characteristics and the stormwater management requirements for the area. 

Property owners should work closely with their local council or water authority to ensure that the LPOD is appropriately determined and that stormwater is managed and treated before entering our waterways.