Who is responsible for keeping a Riparian waterway clear of silt and rubbish? I have conflicting replies from

Expert's Assistant chat
Customer: Who is responsible for keeping a Riparian waterway clear of silt and rubbish? I have conflicting replies from E.D.Council and Natural Water Resources.
JA: What state are you in? It matters because laws vary by location.
Customer: N.S.W. South Coast. Eurobodalla Shire.
JA: What steps have you taken so far?
Customer: For the last 2 years I have written to our Council and had 2 inspections from the Natural Water dept. of Woollongong.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The complaint I have is a neighbour has blocked the waterway and refuses to clear it. There are 8 properties effected. We are experiencing up to 2 acres of land flooded, and it just doesn't dry out. There are 2 large electricity poles under water- they are of concern both to us and the electricity company as they cannot do their regular safety inspections. We have tried to discuss the problem with the owner in question, but he refuses to have anyone on his property to clean out the problem. Recent flooding (15th dec) caused a noxious weed to flow with the water, over all the lands effected. Now it is a disaster area. We cannot clean it up as the land is saturated preventing access to the problem.
Answered by John Melis in 5 mins 10 months ago
imglogo
John Melis
10+ years of experience
logo

74502 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
John Melis
10+ years of experience
logo

74502 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

John Melis, Expert

Hi! My name is***** a solicitor in Australia, and I’m happy to help you.

I kindly request that you please clarify your question?

Customer
I need to know who is responsible for the maintanence of the riparian waterway.
img

John Melis, Expert

Local water authority will be the party that's responsible. Do you have a rates notice? The party name on the rates notice will be the one responsible.

Customer
Do you mean Eurobodalla Shire Council? They send us the water bill.
img

John Melis, Expert

On your water bill it will say the name of the water authority. There's a party you contact.

Customer
The only name on the bill is the council's.
img

John Melis, Expert

Then it must be the council that's also got the authority for the water. If your water bill states the council named in there the party you deal with.
Customer
They deny all responsibility as they have stated that each landowner that the waterway runs through is responsible for the maintanence. But when I had the Natural Water Resourses authority out to inspect the problem, they said we had no authority to touch the waterway. We are confused.
img

John Melis, Expert

If you're experiencing water damage from the adjoining property then you need to raise a claim against adjoining owner not the council.
Customer
Thank you for your advice.
img

John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me. Let me know if you have any other questions.
Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer