Accessing private property to maintain and build stormwater assets

We manage and maintain the region’s public stormwater network.

Why we need access to private property

Many pipes, manholes, culverts and waterways are on private land. This means we may need to enter your property to:

• collect water samples
• inspect, maintain or upgrade existing water services assets and waterways
• install new stormwater infrastructure
• do urgent work.

Before we come onto your property

Before we enter your property, we will send you an 'Access to Property Notice'. This tells you:

• why we need to access your property and the type of work we might do while we are there
• when we are planning to access your property (day and time) and how long we expect to be there
• how we plan to access your property, and if it is from the road or a property next door
• any impact to your property, including structures or vegetation that may need to be removed.

The 'Access to Property Notice' is a statutory (legally required) notice and you have the right to formally respond or object to it.

Conditions of entry

You may provide full consent or require conditions of entry, for example if:

• there are pets on the property
• you would like us to visit at a different time.

These conditions cannot:

• delay entry by more than 15 working days
• require any payment or other kind of compensation
• stop the water service provider from performing the work under this notice
• override or change any legally binding agreement (new or existing) between the owner and the water service provider.

Respond to an 'Access to Property Notice'

The 'Access to Property Notice' tells you how to respond to us. The notice has a QR code and email address.

If the work we need to carry out on your property is for inspections or relates to existing water services infrastructure, and you do not respond to the 'Access to Property Notice', we will visit your property on the date and time advised.

If the work relates to proposed new water services infrastructure and you refuse consent (or object to the work), or do not respond to the 'Access to Property Notice', we will need to conduct a statutory internal review (or hearing).

You must respond within the timeframe specified in your notice.

If you need help to respond, take the notice to your local library. One of our team members can help you.

Internal reviews and hearings

If we are required to conduct an internal review or hold a hearing, we will do this before entering your property. The internal reviews are done by independent Water Services Commissioners and the hearings are held in front of the Regulatory and Safety Committee.

If you do not agree with the outcome of the internal review or hearing, you may have the right to file a District Court appeal.

What happens next

We will do our best to access your property on the date and at the time we have advised. If there is any change to the date and time of the proposed inspection, we will let you know in writing and give you reasonable notice.

If the work we need to carry out on your property is for new stormwater infrastructure and we do not hear from you within 10 working days, or you do not allow us to visit your property, an internal review will be held before the work can begin.

If the work is urgent, we are legally allowed to enter your property without prior permission but we will give you an 'Access to Property Notice' as soon as possible. If we can, we will try and let you know before we enter.

Council staff and contractors are required to wear high-vis vests and carry identification. You can ask anyone on your property for this identification.

We will let you know what happened

After we have visited your property, we may leave a calling card letting you know:

• the date and time we were there
• what work was carried out
• if further work is needed and what that involves.

If we could not access your property for any reason, we will let you know when we will be back or ask you to call us to arrange a time.

Your property after work has been completed

Once the work is completed, we will:

• return your property, as far as practical, to its pre-work condition
• repair any damage.

If required, we will complete a pre-work and post-work site survey. This makes sure all parties can easily identify any issues. If we cannot do this, you may be entitled to compensation under the Public Works Act 1981.

Further information

• The Local Government (Water Services) Act 2025 
• The Local Government Act 2002
• The Local Government Act 1974 
• The Public Works Act 1981

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