Managing Councilís Onsite Wastewater Management Liability
Making the most of Section 173 agreements and Section 32 Land Information Certificates. Legal innovation when it is unclear whether to invest in town sewer, partial septic tank system upgrade or full septic tank system upgrade.
Sometimes old septic tank permits have very limited or outdated maintenance conditions, the permit has been lost or the whole building has predated the requirements for a septic tank permit. Might sending out a general letter to unsewered land owners make it clear what their obligations are to the community and environment?
Would making it clear that the same advice will be made clear to prospective land purchasers via a Land Information Certificate help encourage residents to install better wastewater systems and better maintain them?
Not every land buyer asks Councils for a Land Information Certificate but Council's certainly know when ownership has changed hand so the information can still be passed onto new owners.
Do letters that need to be declared when preparing a section 32 statement provide an alternative means for managing greywater diversion systems that sometimes do not require a septic tank permit?
Section 173 Agreements are linked to tltles but they come at significant cost, need signing off by high level managers and they need to be kept track of and are hard to get removed.
In some situations they need to be used to stop earthworks, construction or lack of maintenance occuring in potentially dangerous locations - eg landslide areas.
What has been your experience?
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