What is an Approval to Operate?

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What is an Approval to Operate?

Since 1998, anyone who operates a system of sewage management needs an approval form Council. This is to ensure that the system is kept in good order and is working correctly. Council will inspect your system at least once every 5 years depending on the risk category that applies to your system. Council has set the risk category in the On-site sewage Management Strategy (November 2004). The Approval is given to a person, and it is Council’s practice for that person to be the owner.

How long does an approval last?

The Approval to Operate expires after five years or when the property is sold or transferred.

What happens when the approval expires?

Council will be identifying when the approval expires and a form will be sent out. Simply complete the form and return it to Council with the application fee. Once the form is received a Council officer will determine if an inspection is required. An inspection will generally be required if the system has not been inspected in the previous 3 to 6 months, or if the use of the system may have changed.

If I get my system serviced regularly why does Council need to inspect it.

You system is serviced as a requirement of NSW Health certification. This is to ensure that the system is treating the sewage correctly. The service does not necessarily cover the disposal system or other factors relating to the system.

It might be useful to view it like registering your car. It does not matter if you have an expensive car or service it regularly it still needs to be registered and you need to get a Pink Slip each year.

When did the process start?

The legislation for the approval to operate process has been in place since 1998. Council undertook to register all systems in 1998 and conducted an audit in 2003. It was considered that an ongoing process of renewing Approvals to Operate would be preferred to an ad hoc campaign of auditing. Council commenced the new Approval to Operate renewal process in July 2009.

I don’t know my expiry date.

In order to provide property owners with suitable information about their existing approvals, a substantial overhaul of Council’s records is required. As the records are processed, property holders will be provided with information about the expiry date. No one will be deemed to have an expired approval to operate if Council has not advised them of an expiry date, although those systems that have an expiry date after 1 January 2009 will be renewed as of that date.

Unfortunately it is not possible to determine the expiry date for all systems at once, but each file needs to be checked and cross referenced to determine the correct date. We will advise you of your expiry date when we review your file or upon request. The review of all files is anticipated to be completed by the end of 2010.

I haven’t had to pay a fee before, why now?

Previously Council did not have a plan for renewing Approvals to Operate or undertaking regular inspections. A significant proportion of the Approval to Operate fee includes the inspection fee component. The remainder of the fee is to recover the costs of administrating the system.

Will the system be inspected?

Upon receipt of the application, a Council officer will determine if an inspection is required. An inspection will generally be required if the system has not been inspected in the previous 3 to 6 months, or if the use of the system may have changed (e.g. if a large family moves into a property where a system might only have been designed for a small family).

Inspections are also carried out every year for High Risk category and 2-3 years for Medium Risk sites otherwise it will be inspected only when the Approval to Operate is renewed. Additional Charges are payable for inspections between Approval to Operate renewals.

Why do I need to provide a Works as Executed Drawing?

Council records often do not include any details on where the system was installed. A works as executed drawing confirms where the system is so it can be inspected. This is particularly useful with rented properties, or when properties change hands, it is also useful for if there is a blockage, for a plumber to be able to refer to a diagram of where all the components are to find the problem. At the end of the day if Council can’t find the system it can’t be inspected.

No-one else in my area has had to make an application?

As all our records are reviewed, each system’s expiry date is determined. It may be that Council has not identified the expiry date of other properties in your area. For any given system, where the Approval to Operate is deemed to have been issued prior to 1 January 2004, the expiry date will be deemed to be an additional five year period from the nominal five year expiry date. This has been done within the provisions of the Local Government Act and means that the operators of these systems are not placed in the situation that their system is operated illegally since Council has not previously provided a system of renewals.

No one will be deemed to have an expired approval to operate if Council has not advised them of an expiry date, although those systems that have an expiry date after 1 January 2009 will be renewed as of that date.