Water has been constantly pouring from a burst underground pipe at the intersection of Queenscliff Road and Greycliffe Street for almost four months, turning what should have been a quick repair into a bureaucratic nightmare that highlights the complex web of responsibility between private owners and public authorities.
The leak was first reported to Sydney Water on April 8, but investigations revealed the burst pipe belongs not to the public utility, but to a nearby private apartment complex. What followed was a months-long standoff between the building’s strata committee and Northern Beaches Council over who bears responsibility for the costly rectifications.
Thankfully, Manly Observer has been informed the repairs are now planned to go ahead this month, at the Strata/Owners expense.
The Queenscliff case is just the latest example of how private ownership disputes can turn routine infrastructure fixes into prolonged public headaches.
For residents like Jenny, whose property sits below the constant flow of water, the delays have been both frustrating and damaging.
“There has been constant seeping below the very high old stone retaining wall that’s above our property making it constantly wet the whole time. There’s also water going through the groundwater and coming out the base of a substantial Council bit of infrastructure, and making the whole of our garage area wet,” she said.
“[A Council worker] said the legislation was basically a bit the same as a jury, that you have to have beyond reasonable doubt, 12 people agreeing [figuratively], before acting… Time passes, nothing is fixed. Ring back Sydney Water, they have no power to fix this, it’s a Council matter. Ring Council each person is helpful, but very limited, as I say, because basically the legislation doesn’t give them enough power.”
Although Council has already presented the Strata with an offical order to fix the leak, works have been delayed until now due to requirements in the Local Government Act 1993 requiring time be given for repairs, particularly if they will be costly or difficult to rectify.
Flooding from burst pipes happen all the time and are usually repaired quite quickly. However, once a private ownership element is introduced into the mixture, enforcement from Council can become difficult and time consuming.
When Does it Become A Private Issue?
Determining who is at fault is not always easy. Sometimes if underground pipes burst on public property it can still be the responsibility of a private owner – this has been the case with Greycliffe Street and a few other locations within the past year which we will explore later in this article.
From drink water systems to gravity wastewater systems, a property owner is responsible for the pipes coming from their residence up to a certain point, after that, they’re Sydney Water’s responsibility. The cut off point is usually when a private pipe meets the water management organisation’s meter or connection point.
This location can be meters off a private property’s boundary, spurring-up public footpaths or roads if burst. Any damage sustained to public property by a leak must also be paid for by the owner of the pipes.
Why Can Private Disputes Take So Long To Fix?
Much like determining who is at fault, enforcing a repair once the matter has been deemed a private responsibility can be equally, if not more challenging.
Aside from the current situation happening on Greycliffe St, the most recent and extreme example of this was on Malvern Avenue, Manly, last December.
The street just behind Queenscliff Beach was almost entirely underwater following a tree root breaching a private property’s pipes under a public road. Many residents immediately complained but nothing was done for almost two weeks due to responsibility disputes between Sydney Water and Northern Beaches Council.
Both authorities were unable to get in contact with the owner of the property who was deemed responsible for the pipes, leading to Sydney Water eventually repairing the leak “out of goodwill” 12 days later.
A similar incident happened a few months prior from August to September 2024 on the corner of Miles Street and Ethel Avenue, Brookvale.
Worn out pipes – installed 40 years ago – caused a burst so severe the water pressure shot a sidewalk pavement about 50 millimetres above the water main resulting in a constantly flooded street.
A nearby business attempted to contact Sydney Water multiple times to resolve the issue who passed the buck onto Northern Beaches Council, who in turn, returned serve to Sydney Water declaring the pipes were installed even before local infrastructure was built.
Eventually, it was determined the buck stopped with the owner of the nearby building from where the pipes originated from. The saga took around a month to resolve, all while an estimated thousands of litres of water spilled onto the street.
So, why can there be such a slow turn around time when resolving these private disputes?
It’s a legislative process, beginning with Sydney Water being made aware of the leak. Once this is established, via a complaint or otherwise, water technicians will assess the scene to dictate whether a private owner, Council or their own organisation is at fault. If it’s private, Sydney Water will advise the owner to make the repairs, but have no authority to enforce a fix – this is Council’s job.
Sydney Water will also not inform Council of the leak, meaning it may be some time before the issue comes into their crosshairs. And even then, it’s not as easy as writing up an enforcement order; Council will need to conduct an investigation of their own in compliance with the Local Government Act 1993.
Section 124 and 129 – 132 of the Act requires Council to conduct an investigation to determine whether a repair of the leak is within the public interest. These considerations can include for example, imminent road safety concerns, preventing waste of drinking water as a resource, or potential risk of soil subsidence beneath the road.
Council must also provide notice to the person to whom the order is proposed to. The person can then make representations to the Council as to why the order should not be given to which they are allowed to have legal representation.
Once the evidence is gathered it must be taken back to Council, reviewed and then unanimously agreed a repair is within the bounds of public interest before an enforcement notice is given to the private owner. But, the process doesn’t stop there.
Legislation dictates an enforcement action must also allow reasonable time for the works to be undertaken in order to afford procedural fairness to regulated parties. This is especially relevant where works may be expensive and/or difficult to rectify. However, orders can require immediate compliance if Council believes there constitutes a serious risk to health or safety or an emergency.
The person who received the order can then prolong rectifications further by appealing the order to the Land and Environment Court.
Meanwhile, thousands of litres go down the gurgler…
Is There A More Efficient Way?
Changing legislation is complicated, and with the way the Local Government Act is laid out, along with laws around Sydney Water asset ownership, there isn’t much wiggle room in altering or speeding-up the dispute process.
Manly Observer asked Northern Beaches Council if there was anything that could be done to minimise water wastage during these private disputes; suggesting commencing rectifications before a responsibility conclusion had been met, then having the eventual entity at fault reimburse the costs.
Council said taking action without a statutory basis or without first establishing the evidence to do so would be an overreach of their powers. They also do not have the ability to act on Sydney Water’s assets.
It is Sydney Water’s responsibility to investigate and repair defects in its infrastructure, but although they can suggest a private owner to repair a leak, only Council can enforce it. They will also be reluctant to fix the leak out of pocket.
Member for Manly James Griffin was made aware of the issue by a resident and says although the system is difficult for everyone, the fix could be as simple as better communication between authorities.
“Those kind of loopholes or quirks in the system ultimately means that it sucks to everyone involved, and it’s frustrating to residents and people that observe the leak and think, well, why isn’t someone fixing it?” Mr Griffin told Manly Observer.
“I think some pragmatism would be really welcome… rather than Council just simply saying no, because the legislation doesn’t allow it. I’ve found that if you pick the phone up to Sydney Water and explain the specific area and the issue at hand, they’ll often try and work through a solution.”
