Power and Water easements

The proposed location of water supply and sewerage infrastructure within private land is not automatically approved by Power and Water and is subject to pre-requisites.

The developer must satisfy Services Development that the proposed alignment will not create access restrictions or create additional risk to the infrastructure, general public and Power and Water employees.

The developer will be required to register an easement against the property title in favour of Power and Water and provide evidence of such to the satisfaction of Services Development.

Power and Water infrastructure is generally located within gazetted roads. In most instances, the point of service ̶ that is the water service and water meter and the sewerage service and inspection opening ̶ is located within private land as per Power and Water standards, without the need for easements to be granted. It is considered that this infrastructure is adequately protected by the building set back requirements of most building developments.

Where water supply and sewerage infrastructure is located within gazetted roads, owned by or to be gifted to Power and Water, written approval is required from the relevant road authority or local council.

Water supply and sewerage infrastructure located within Crown Land owned by, owned by or to be gifted to Power and Water, written approval is required from the Department of Infrastructure, Planning and Logistics (DIPL) or relevant authority. A record of Power and Water’s interest in the land must be recorded against the land parcel data appearing in the Land Search “Administrative Interests” display of the Integrated Land Information System (ILIS). (This is done upon approval and subsequent completion of survey and the easement or alignment of the infrastructure is noted on the Public Plan by the Statutory Services Survey Branch of DIPL.)

The following applies to all water supply and sewerage infrastructure located within land where the infrastructure is owned by or is to be gifted to Power and Water.

Lots with zero lot boundaries ̶ that is where building development is permitted up to the property boundary, the point of service and the infrastructure within ̶ may require easements to be granted to protect the infrastructure by preventing building development. In extreme cases where access is restricted by building development, Power and Water may consider the point of service being located within the road reserve with the written approval of the relevant road authority or local council.

Easements shall be granted to Power and Water over the terminal inspection opening following the final property service on the upstream end of a sewer main where the inspection opening is located within private land.

Water supply and sewerage infrastructure owned by or to be gifted to Power and Water located where access is restricted, may require Right of Way easements to be granted over adjacent land to allow Power and Water access to the infrastructure easement.

Assets other than water supply and sewerage pipes, such as pump stations and valve pits, require consultation with Power and Water to determine minimum easement dimension requirements or the need for Power and Water to be granted title over the affected land.

Generally for major infrastructure such as pump stations, Power and Water would expect the land to be excised from the property and transferred to Power and Water.

Easements cannot be established on Vacant Crown Land, however on completion of survey the alignment of the infrastructure is noted on the Public Plan by the Statutory Services Survey Branch of the DLP.

The following minimum dimensions have been developed for water supply and sewerage infrastructure to allow for:

Access for construction, inspection, operation and maintenance;

Access for reconstruction or repairs when necessary; and

Separation to reduce the risk of damage to life, property and structures resulting from
failure of water supply and sewerage infrastructure.

In the granting of new easements the following width dimensions for easements apply for water supply and sewerage infrastructure owned by, or to be gifted to Power and Water. The easement is to be centrally located over the pipe. Pressure mains (Water supply mains and sewer rising mains), constructed at a depth greater
than 1.5m are subject to increased easement requirements, to the satisfaction of Services Development.

Infrastructure located at non-standard alignments within private land may be subject to increased easement requirements, to the satisfaction of Power and Water.
Non-standard alignments include:

Where infrastructure is not parallel to the property boundary;

Where there is a shared easement for services approved by the relevant authorities; and

Duplication of pipes requiring the pipes to be offset from one another within the easement.

In such cases, easements need not necessarily be located centrally over the pipe; however easement locations shall be to the satisfaction of Power and Water. In circumstances where two parallel services are approved by Power and Water to be contained within a single easement, the easement requirements will be to the satisfaction of Services Development.

# Depths >1.5m may require additional width easements

Notwithstanding the above, the minimum width dimensions for easements apply for water supply and sewerage infrastructure owned by or to be gifted to Power and Water.

The easement is to generally be centrally located over the pipe.

Easements or easements in gross can be created in a number of ways:

1. By subdivision under the Planning Act where land is subdivided or consolidated in
   accordance with a:
   1. plan of survey approved under section 49(3) of the Licensed Surveyors Act; or
   2. building development plan registered in accordance with Part IVC of the Unit Title Act.
2. Subject to the Law of Property Act where an easement or an easement in gross is created by the registration of:
   1. a deed of grant or an instrument of easement or easement in gross under Subdivision 1
      of Division 4 of Part 6 of the Land Title Act;
   2. a plan of subdivision, within the meaning of section 4 of that Act, and an instrument of
      easement or easement of gross under Subdivision 2 of that Division; or
   3. an instrument lodged with the Registrar-General under section 19(2) of the Crown
      Lands Act.

All costs associated with the creation of an easement or an easement in gross will be borne by the proponent.

The land is not removed from the Certificate of Title. The land remains in the title holder’s ownership with an easement registered on title. The rights provided to an easement are attached to the land itself regardless of who owns the land.

It is the responsibility of the land owner to maintain their property within these guidelines and manage vegetation.

Where an easement is no longer required it may be extinguished with the written approval of Services Development. All costs associated with the extinguishment will be borne by the proponent. Appropriate documents are to be submitted by the land Owner to the Lands Titles Office.

Where existing infrastructure is identified on private land without an existing easement, the matter shall be directed to Services Development for action.

Some activities and developments may be carried out within water supply and sewer easements without risk to personal safety or infrastructure integrity. These are classified as permitted activities.

Activities that are permitted provided safe practices are observed include:

• Domestic recreation.
• Planting of Power and Water approved trees and shrubs in accordance with Allowable Planting in Power and Water Sewer and Water Easements.
• Planting of grass for lawns provided no tilling of the soil occurs to a depth greater than 200mm.
• Laying of removable pavers, blue metal gravel or similar small stones.
• Bitumen seal.
• Kerbing.
• Parking of Passenger Motor Vehicles.

Controlled activities are acceptable provided the conditions of use are agreed to in writing by Services Development beforehand through a Deed of Indemnity.

The following activities may only be undertaken with the written consent of Power and Water and then only under such controlled conditions as Power and Water specifies:

• Earthworks including excavation by hand or mechanised plant and after due investigation by Services Development.
• Storage of goods including waste bin storage.
• Parking of large vehicles or machinery.
• Operation of mobile plant within weight limitations which will avoid infrastructure damage.
• Excavation by hand or mechanised plant after due investigation by Power and Water for infrastructure location.
• Reduction of ground cover over infrastructure, in which event additional mechanical protection shall be provided.
• Increasing ground cover within limits which will not adversely affect access to infrastructure.
• Installation of driveways across the easement and where protection can be given for vehicle wheel loads.
• Installation of other buried services, ie Telstra after due investigation by Power and Water.
• Erection of some types of fences after due investigation by Power and Water.
• Planting of shallow rooted crops where the depth of tilling does not exceed 200mm.

Prohibited activities cannot be tolerated under any circumstances or at any time. If such activities or developments are found, action shall be taken to have them discontinued or removed as appropriate.

The following activities are prohibited in water supply and sewer easements:

• Storage of flammable material.
• Storage and use of explosives.
• Planting of non-approved trees and shrubs.
• Construction of houses, out buildings, storage sheds, bin enclosures or other substantial structures.
• Bird aviaries, chicken coops or pet/animal cages.
• Concrete floor slabs or driveways (reinforced or otherwise) within property boundaries.
• Domestic power supplies and plumbing.
• Spas or swimming pools – this includes concrete/tiled surrounds, pumps, filters, blowers, associated pipe work and electrical cable.
• Overhanging structures up to 6m above easement (ie roof eaves and balconies).
• Installation of fixed plant and equipment.
• Placing of garbage or fallen timber.
• Construction of footings within easement.
• Removal of artefacts or disturbance of significant sites within the meaning of the Aboriginal and Torres Straight Islander Heritage Protection Act 1934.

• Wire or chain link fence – concrete footing for support poles to be no greater than 450mm in diameter and not within 300mm of external edge of pipe/conduit.
• Shade cloth support – concrete footing for support poles to be no greater than 450mm in diameter – poles to be on outer edge (boundary side) of easement and not within 300mm of external edge of pipe/conduit.
• Block or brick walls – no part of wall or footing to be wider than 450mm. Must be self supporting if excavated under.
• Carports – may straddle easement, removable roof, no columns or concrete floors in easement, column supports and not within 300mm of external edge of pipe/conduit.
• Removable shade cloth structures including those that span the easement.
• Overhanging encroachments, such as eaves, shall be permitted only if above specified height or is a removable structure and in both cases only with Power and Water written approval.

Approval may be given for encroachments outside these guidelines if it is considered that the proposed use will not limit Power and Water’s ability to service its customers in a timely and safe manner.