Brisbane City Council
Waterways Program
Urban Management Division level 5, BAC
69 Ann Street
PO Box 1434
Brisbane Qld 4001
Telephone 07 3403 4981 Facsimile 07 3403 9456


TO: Mark Williamson,
Coordinator Licensing and Compliance
FROM: Andre Taylor
Principal Waterways Program Officer

DATE 22 Feb 99

SUBJECT Erosion and Sediment Control

As requested, David Stephenson and 1 met with Mr Barry Wilson on 4 February 1999 to discuss Council's approach to erosion and sediment control. During this meeting it was reiterated that only highest priority erosion and sediment control issues should be brought to the attention of Council, so that limited resources would be used efficiently. Several other policy issues were discussed, the outcomes of which are summarised below.

Mr Wilson indicated that DRS Officers have stated to him that if a Developer is implementing an approved Erosion and Sediment Control Plan/Program, then the Developer is effectively exempt from any enforcement action if the controls are not in the right place and/or they are not being maintained. I have consulted with Legal Services on this matter (Robert Milne). Robert suggested that in practical terms, if the Developer is complying with an approved Plan, then the use of an on-the-spot fine would not be appropriate. I interpret Robert to be saying that if an approved Plan is fully implemented, but inadequate (e.g. controls are in the wrong place and sediment is leaving the site), we should not issue an on-the-spot fine. Clearly however, if controls are not being maintained it is a different issue, as the Developer should not be fully complying with the Plan, as inspection and maintenance of controls should always be a component of any approved Plan.

For me, this advice sends two messages:

One recommendation from the meeting was for DRS staff to include Erosion and Sediment Control as a standard agenda item as a part of all pre-start meetings for major developments. This opportunity should be used to warn developers that:

If you agree with these comments, can you please communicate them to the relevant areas of DRS. If not, please contact me on ext. 39402 to discuss areas of concern.

Andre Taylor
Principal Waterways Program Officer - Water Quality

copy to:

David Stephenson - for information
Rodney Ringe - for information
Denis Verner - for information.
Mark Taylor - for information.

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