{"id":"tas:sr-2026-017","name":"Urban Drainage (General) Regulations 2026","slug":"urban-drainage-general-regulations-2026","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"17 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174195,"registerId":"tas-sr-2026-017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Urban Drainage (General) Regulations 2026](/view/html/inforce/2026-04-12/sr-2026-017) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 24 March 2026.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Urban Drainage Act 2013](/view/html/inforce/2026-04-12/act-2013-071) ;\n> \n> > ***building surveyor*** has the same meaning as in the [Building Act 2016](/view/html/inforce/2026-04-12/act-2016-025) ;\n> \n> > ***building work*** has the same meaning as in the [Building Act 2016](/view/html/inforce/2026-04-12/act-2016-025) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed structures","content":"### 4 Prescribed structures\n\n> > (1)  For the purposes of [section 13(1)](/view/html/inforce/2026-04-12/act-2013-071#GS13@Gs1@EN) of the Act and subject to [subregulation (2)](#GS4@Gs2@EN) , a prescribed structure means any structure other than the following:\n> > \n> > > > (a) a non-roofed deck that –\n> > > > \n> > > > > > (i) is made of timber products; and\n> > > > > \n> > > > > > (ii) is not more than one metre above finished ground level; and\n> > > > > \n> > > > > > (iii) is not situated within one metre laterally from the outer edge of a public stormwater system;\n> > > \n> > > > (b) a pergola, garden arch, trellis or frame if the structure –\n> > > > \n> > > > > > (i) does not exceed 20 square metres in total area; and\n> > > > > \n> > > > > > (ii) is not more than 3 metres above finished ground level at its highest point; and\n> > > > > \n> > > > > > (iii) is not covered or is covered only by open-weave material which allows water through;\n> > > \n> > > > (c) a swimming pool or water feature if –\n> > > > \n> > > > > > (i) the maximum possible water surface area is not more than 9 square metres; and\n> > > > > \n> > > > > > (ii) the maximum possible water depth is not more than 300 millimetres;\n> > > \n> > > > (d) a non-roofed windmill or a mast, antenna or flagpole or a support structure of a wind turbine if the windmill, mast, antenna, flagpole or support structure –\n> > > > \n> > > > > > (i) is not attached to a building and is not more than 6 metres high; or\n> > > > > \n> > > > > > (ii) is not situated within one metre laterally from the outer edge of a public stormwater system;\n> > > \n> > > > (e) a fence or wall, constructed of masonry or concrete, that is not higher than 1.2 metres;\n> > > \n> > > > (f) a fence or wall, constructed of material other than masonry or concrete, that is not higher than 2.1 metres;\n> > > \n> > > > (g) a builder's site shed that is –\n> > > > \n> > > > > > (i) being used in connection with building work for which a building permit is in force; or\n> > > > > \n> > > > > > (ii) being stored in a location permitted by the relevant building surveyor;\n> > > \n> > > > (h) a permanent walkway, or platform, that –\n> > > > \n> > > > > > (i) is not part of a building; and\n> > > > > \n> > > > > > (ii) is less than one metre above finished ground level; and\n> > > > > \n> > > > > > (iii) members of the public normally use or are permitted access to.\n> \n> > (2)  A structure referred to in [subregulation (1)](#GS4@Gs1@EN) is a prescribed structure for the purposes of [section 13(1)](/view/html/inforce/2026-04-12/act-2013-071#GS13@Gs1@EN) of the Act if it is situated within one metre laterally from the outer edge of a clearly identifiable public stormwater system access point.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 24 March 2026\n\nThese regulations are administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":3}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This appears to be a straightforward, narrow regulation fulfilling its original purpose under the enabling Act. It defines 'prescribed structures' as authorised by section 13(1) of the Urban Drainage Act 2013, without expanding into unrelated policy areas. The scope remains tightly focused on stormwater drainage management and building exemptions."},"complexity_factors":["Nested conditional logic: exemptions in subregulation (1) are overridden by subregulation (2), creating an 'exception to the exception' structure","Multiple cross-references: references to parent Act (Urban Drainage Act 2013), Building Act 2016, and specific section numbers","Precise dimensional thresholds: 8 different measurement criteria across the exemptions (1m, 20m², 3m, 9m², 300mm, 6m, 1.2m, 2.1m) requiring careful interpretation","Defined terms rely on external legislation: 'building surveyor' and 'building work' meanings imported from Building Act 2016, creating interdependence","Geographic proximity rules: 'laterally from the outer edge' and 'clearly identifiable public stormwater system access point' introduce subjective interpretive elements"],"plain_english_summary":"**What this legislation does**\n\nThese regulations set out which structures count as \"prescribed structures\" under Tasmania's Urban Drainage Act 2013. A \"prescribed structure\" is basically any building or construction that needs special approval because it might affect public stormwater drains.\n\n**Who it affects**\n\n- **Homeowners and builders** planning to put up decks, pergolas, fences, pools, or sheds\n- **Building surveyors** who approve construction work\n- Anyone working near public stormwater systems (the drains and pipes that carry rainwater away from streets and properties)\n\n**The key rule**\n\nMost structures are \"prescribed structures\" by default — meaning they need approval under the Act. But the regulations list **eight types of structures that are exempt** (don't count as prescribed structures) as long as they meet specific size, height, and location rules:\n\n- **Timber decks** — must be unroofed, under 1 metre high, and at least 1 metre away from public drains\n- **Pergolas and garden arches** — must be under 20 square metres, under 3 metres high, and either uncovered or covered only with open-weave material that lets water through\n- **Small pools and water features** — maximum 9 square metres surface area and 30 centimetres deep\n- **Windmills, masts, antennas, flagpoles, and wind turbine supports** — either under 6 metres tall and not attached to a building, OR at least 1 metre from public drains\n- **Masonry or concrete fences/walls** — maximum 1.2 metres high\n- **Other fences/walls** (timber, metal, etc.) — maximum 2.1 metres high\n- **Builder's site sheds** — only if used for permitted building work or stored where the building surveyor allows\n- **Public walkways and platforms** — must be unroofed, under 1 metre high, and open to the public\n\n**The catch**\n\nEven if your structure fits one of these exemptions, it **becomes a prescribed structure again** if it's within 1 metre of a clearly identifiable public stormwater access point (like a drain grate or manhole). This stops people from blocking critical drain access points.\n\n**Why it matters**\n\nThese rules prevent people from accidentally (or deliberately) building things that block, damage, or make it hard to maintain the public drainage system. Get it wrong, and your \"exempt\" deck or fence might actually need formal approval — or you might face enforcement action for building too close to a stormwater drain."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations define and limit what counts as a 'prescribed structure' for the purpose of section 13(1) of the Urban Drainage Act by listing excluded structures with size/placement conditions and a 1-metre proximity override (regs 4(1)–(2)). They clarify the Act's application rather than change the Act's substantive scope or create new statutory powers."},"complexity_factors":["Cross-references to other statutes and definitions (Urban Drainage Act s13(1); Building Act definitions) — reg 3 and reg 4(1)","Multiple numeric thresholds (areas, heights, depths, distances) require on-site measurement and verification — reg 4(1)(a)–(h)","Conditional override: an otherwise excluded structure becomes prescribed if situated within 1 metre of a public stormwater access point — reg 4(2)","Administrative discretion limitedly located in text (relevant building surveyor may permit storage of site sheds) creating case-by-case determinations — reg 4(1)(g)(ii)","Terminology requiring practical identification (e.g. 'outer edge of a public stormwater system' and 'clearly identifiable public stormwater system access point') may create implementation ambiguity — reg 4(1) and reg 4(2)","Narrow, enumerated scope reduces legislative breadth but increases reliance on precise factual compliance (measurements and locations)."],"plain_english_summary":"These regulations tell who and what is treated as a ‘prescribed structure’ under the Urban Drainage Act by listing small, low-profile items (decks, pergolas, small pools, masts, fences, site sheds, walkways) and the size, height and distance limits that keep them outside regulation. They affect property owners, builders and building surveyors: owners bear the cost of measuring and siting works to meet thresholds; building surveyors decide some storage permissions; the Department administers compliance. Behaviour change: avoid placing excluded structures within 1 metre of a public stormwater access or edge."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of these regulations changed from the original drafting intent. The document only contains version and status metadata, with no substantive provisions available for analysis."},"complexity_factors":["Only metadata/status information was provided — the actual legislative content is absent, preventing assessment of true substantive complexity","Regulations (subordinate legislation) are generally less complex than Acts, as they operate within a defined parent Act","Urban drainage is a technical subject area that may require cross-referencing engineering standards or other legislation","Tasmanian-specific regulatory context may require familiarity with local government and planning frameworks","Score reflects the limited information available rather than confirmed simplicity of the full instrument"],"plain_english_summary":"These regulations set the legal framework for how urban stormwater and runoff are managed in Tasmanian towns and cities, affecting property owners, developers, local councils, contractors, businesses and residents whose land or work touches drainage systems. They matter because proper design, construction and maintenance of drains prevents flooding, property damage and environmental harm.\n\nNote: only the instrument’s status/metadata was provided here, not the full regulatory text, so substantive details aren’t available."}},"importantCases":[],"_links":{"self":"/api/acts/urban-drainage-general-regulations-2026","history":"/api/acts/urban-drainage-general-regulations-2026/history","analysis":"/api/acts/urban-drainage-general-regulations-2026/analysis","conflicts":"/api/acts/urban-drainage-general-regulations-2026/conflicts","importantCases":"/api/acts/urban-drainage-general-regulations-2026/important-cases","documents":"/api/acts/urban-drainage-general-regulations-2026/documents"}}