City of Nedlands and Town of Claremont using local laws to mitigate site erosion and sand drift
7th May, 2019
Local Laws are a significant tool for Local Government to manage compliance in regard to the prevention of erosion, sand drift and sediment loss, to protect amenity, stormwater infrastructure and the environment.
Existing Local Laws that are used by Local Governments in Western Australia relate to soil erosion, sediment and sand drift, environment, health, private property, public thoroughfare, dust, liquid waste and nuisance management.
Local Governments may choose to gazette a Site Erosion and Sand Drift Local Law; an approach that is proving more effective in managing sedimentation resulting from urban development. This approach has been adopted by the City of Nedlands and the Town of Claremont with good results, as described below.
City of Nedlands’ Site Erosion and Sand Drift Local Law (2014)
The City of Nedlands Site Erosion and Sand Drift Local Law 2016 was gazetted in 2014.
The benefits of adopting a Local Law for site erosion and sand drift for the City of Nedlands have been:
- Saving money and protection for their assets
- Anecdotal evidence that builders operating in the City of Ned lands usually clean up once it is explained to them that the Local Law for Site Erosion and Sand Drift exists;
- All building permits can refer to the Local Law as an advice note; and
- A streamlined enforcement process.
Town of Claremont’s Site Erosion and Sand Drift Local Law (2016)
The Town of Claremont’s Site Erosion and Sand Drift Local Law 2016 was gazetted in October 2016. The purpose of this local law is to provide for the regulation, control and management of site erosion and sand on land within the district to protect amenity.
Prior to the introduction of this new local law, management of sand drift and dust controls required the Town of Claremont to prosecute offenders under the Health Act 1911 and Building Regulations 2012. In their experience, this proved difficult to show the true impact of the issue and specific authorised officers had to be available to make a determination of what was reasonable and injurious to health.
The Site Erosion and Sand Drift Local Law enables the Town of Claremont to respond more quickly, including the ability to issue an on-the-spot infringement.