If a development consent or complying development has been submitted to Council and has an impact on the water supply or sewerage system, you will need to apply for a water development notice.
A water development notice, also known as a 'Section 306', notice of requirements or for Sydney Water contractors a 'Section 73', is a consent document that is prepared and issued by Shoalhaven Water under the NSW Water Management Act 2000.
It is an important legal document that outlines the conditions/requirements that a development must undertake in order to obtain a certificate of compliance, known as a 'Section 307'.
The conditions set out in the water development notice must be adhered to accordingly to avoid possible penalties and/or having to fix costly mistakes.
To apply for a water development notice, please go to our apply for a water development notice page.
When a development consent or complying development application that has an impact on the water supply or sewerage system is submitted to Council, Council will refer the development consent or complying development application to us.
Shoalhaven Water then assesses the development’s impacts on Council's water and sewer infrastructure. At this stage we may request further information, or we will request that the applicant applies for a water development notice.
After the applicant applies for a water development notice, we will assess the application. Once assessed, we will issue an invoice for an assessment fee to the development applicant. For the fees and charges relating to this invoice, please refer to our water development notice fees.
As part of the assessment of a development, Shoalhaven Water must consider:
- Hydraulic loading on the water supply and/or sewerage systems
- Section 64 Contributions to be levied (if any)
- Augmentation of existing water supply and/or sewerage systems
- Development impacts on the water supply and/or sewerage systems (e.g. building over sewer)
- Type of sewerage system to be implemented (gravity or pressure or both)
- Design plans that may need to be submitted and the type (e.g., water main ext., sewer main ext., conduit crossings, new junction plan, meter servicing)
- Possible impact with other services
- Meter servicing requirements
- Trade waste implications
- Backflow implications
- Easement requirements to protect existing and proposed infrastructure
- Any other matters that affect the water supply and/or sewerage systems or their normal operation or Shoalhaven Water’s ability to maintain the system/s
Once payment has been received and development has been approved by the appropriate authorities, Shoalhaven Water will issue the water development notice to the development applicant.
The water development notice is made up of different parts and it is important to understand how it works and what you will need to provide us.
Part one: Development details
The first part of a water development notice includes the applicant details, the proposed development and the property details. It will also come with a unique development reference number, for example, DA23/1234, SF12345, CD23/1234, etc.
Please note: The unique reference number must be provided each time you contact us.
Part two: Conditions
This is where you can find the list of conditions/requirements that must be adhered to as the development progresses.
You may be asked to provide supporting documentation such as receipts or technical consultancy document (e.g., hydraulic reports, infrastructure plans, backflow prevention surveys or liquid trade waste approval requests) for compliance prior to commencing works.
The conditions listed on the water development notice require that the steps prior to or at different progression of the development are complied with, this may include but not limited to:
- Prior to the issue of a construction certificate
- Prior to or during construction, and
- Prior to the issue of an occupation certificate
Depending on the development, examples of imposed conditions may include:
- Prior to demolition requirements for inspections of temporary water meter disconnection, sewer cap-off, or disconnection of pressure sewer.
- Prior to issue of a construction certificate or prior to construction may include developer contribution payments, submission of certified plans and water calculations, or regulatory obligation approvals such as backflow prevention and liquid trade waste.
Please note: Construction certificates must be issued prior to work commencing. Construction certificates can be issued by a Principal Certifying Authority (PCA) or by Council. Work must not commence without written approval.
- During construction the conditions may include water meter installations, or inspections such as sewer main concrete encasement, backflow prevention devices, or liquid trade waste pre-treatment equipment.
Part three: Compliance
Under Section 307 of the Water Management Act 2000, Shoalhaven Water will grant a certificate of compliance once it is satisfied all requirements as listed on the water development notice have been complied with.
The applicant must have completed each condition as listed on their water development notice and submitted all relevant documentation including any applicable receipts.
A certificate of compliance may be issued:
- At the completion of the development
- At the completion of each stage of a larger development
- Prior to obtaining an occupation certificate, or
- Prior to obtaining a subdivision certificate
Where required, an invoice will be issued to an applicant after a water development notice is prepared. This must be paid prior to the water development notice being issued to the applicant.
Where a water development notice is NOT prepared, there is no fee charged to the applicant.
For more information, please refer to our water development notice assessment fees.
Your water development notice will contain a list of conditions that must be completed before you apply for a certificate of compliance.
This may include submitting plans and support documentation such as:
- Receipts of payments (e.g. Section 64 contribution charges, contribution to meter fees, pressure sewer unit fees, building over sewer checking fee)
- Documents and infrastructure plans approved by Shoalhaven Water (e.g. pressure sewer site plan, water and/or sewer main plans)
- Other documentation (e.g. water meter sizing calculations, sewer sizing calculations)
Your supporting documentation will be used when you apply for a certificate of compliance.
To submit plans and supporting documentation, please go to our submit plans and support documentation page.
If a modification to a development is required, an applicant must apply for an amended Development Application (DA).
Modified plans must be submitted to Shoalhaven Water for a review of the conditions listed on the water development notice as they may require subsequent amendment.
Modification of consent falls under Section 4.55 of the Environmental Planning and Assessment Act. The development you seek to modify must remain substantially the same as the development the original consent was granted for. If the application varies too much from the original consent, a new DA must be lodged.
Getting the intended outcome right in the initial DA is much easier, as modifications can be time consuming and cost additional fees.
If you need to apply to modify a water development notice, please go to our modify a water development notice page.