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Septic Tank Regulations & Permits in NSW Explained

If you’re planning a new septic system, upgrading an existing one, or just bought a rural property that isn’t connected to town sewer, you’ll run into “Section 68 approval” fairly quickly. It’s the legal requirement behind every septic and AWTS installation in NSW, and it trips people up mostly because nobody explains it in plain English. Here’s what it actually is, what the process involves, and what it costs and takes in practice.

What Is Section 68 Approval?

Section 68 of the Local Government Act 1993 requires council approval for the installation, alteration and operation of any on-site sewage management (OSSM) system,  septic tanks, AWTS, pump pits, and the irrigation or disposal works that go with them. Council is the only body that can issue this approval, and it’s separate from a Development Application (DA). You can need one without the other, and for most septic work, you’ll need Section 68 approval regardless of whether a DA is required.

The Two Approvals You’ll Actually Deal With

  • Approval to Install / Construct: required before any on-site sewage system is installed or altered. Council assesses your application against health, environmental, and engineering standards before work can start.
  • Approval to Operate: required before the system can actually be used, and typically needs to be renewed periodically (commonly every 1–3 years depending on the council and system type), often alongside a routine inspection.

In practice, you can’t legally install a system without the first approval, and you can’t legally use it without the second; both matter, and skipping either creates a real problem down the track, particularly if you later sell the property and it comes up in a conveyancing search.

What the Application Process Involves

  • A completed Section 68 application form for your council
  • A scaled site plan showing the tank, pipework, and setbacks from buildings, boundaries and any watercourses
  • A soil report and site assessment supporting the system type proposed
  • System specifications for the tank and disposal/irrigation method
  • Council assessment against health, environmental and engineering requirements

Once submitted, council reviews the application; this commonly takes somewhere in the order of a few weeks, though it varies by council and how complete the initial submission is. A well-prepared application with a proper soil report and site plan moves faster than one the council has to send back for more information.

What Does It Cost?

Approval fees are set by each council, so they vary; as a general guide, expect a fee for the Approval to Install and a separate (usually smaller) fee for the Approval to Operate, plus any inspection fees your council charges. We’ll confirm the exact figures for your specific council as part of any quote, rather than quoting a number that might not match your LGA.

What Happens If You Skip It?

An unapproved system isn’t just a compliance technicality; it can hold up a property sale, create issues with insurance, and in some cases expose you to council enforcement action if a system is found to be non-compliant. If you’ve inherited a property with an old or undocumented system, it’s worth getting it properly assessed and regularised rather than leaving it as an unknown.

Does This Apply to Every Suburb Mid Valley Services?

Yes, though which specific council you’re dealing with depends on where the property is. We work across both Coffs Harbour City Council and Nambucca Valley Council areas, and manage the Section 68 application — install and operate — as a standard part of every installation, so you’re not left chasing council paperwork yourself.

Frequently Asked Questions

What is Section 68 approval for a septic system?

It’s council approval, required under Section 68 of the Local Government Act 1993, for installing, altering or operating an on-site sewage management system in NSW, septic tanks and AWTS included.

How long does council approval take for a septic system in NSW?

It varies by council and how complete your application is, but a properly prepared application,  full site plan, soil report, and system specs is what keep it moving without delays.

Do I need approval to operate my septic system, not just install it?

Yes. Approval to Operate is separate from Approval to Install and typically needs periodic renewal. Both are required for a fully compliant system.

What happens if my septic system doesn’t have council approval?

It can hold up a property sale, create insurance issues, and expose you to council enforcement if identified as non-compliant. Getting an unapproved or undocumented system assessed and regularised is worth doing sooner rather than later.

Planning a new system or not sure if yours is properly approved? Get in touch; we manage the full council approval process as standard on every installation across Coffs Harbour and the Nambucca Valley.

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