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Build Over Easement standard conditions

These Build Over Easement (BOE) standard conditions must be read in conjunction with the specific conditions provided with the BOE approval. When you submit a BOE application, you accept all our BOE conditions.

A Yarra Valley Water BOE approval will specify if the property owner can build a structure or place fill:

  • over an easement in favour of Yarra Valley Water
  • over an easement for water supply, sewerage or drainage purposes, or
  • over or within one metre of Yarra Valley Water infrastructure or easements (distance is measured at surface level).

Any works associated with the BOE application and approval are subject to the following standard conditions:

  1. A reference to Yarra Valley Water (YVW) in these conditions includes our employees, agents and contractors. The reference may use the terms ‘we’, ‘us’ and ‘our’.
  2. The applicant must be the property owner or be authorised to act by and on behalf of the owner. In these conditions, we may refer to the applicant or property owner as ‘you’ or ‘your’. These conditions apply to the applicant, the property owner and any successors in title.
  3. Yarra Valley Water’s conditional approval is based on the application and plans provided to us. The property owner must only do works that have been approved by us. Any variation to the approved application or plans requires a new application to Yarra Valley Water, which may be approved or rejected at our discretion.
  4. The property owner is solely responsible for and will indemnify and release Yarra Valley Water against all direct and indirect actions, expenses, costs, injuries to a person (including illness or death), or loss of or damage to any property, including Yarra Valley Water property which may arise from the owner’s works, including during the design and construction stages.
  5. The property owner is solely responsible for and will indemnify and release Yarra Valley Water against all direct and indirect actions and expenses attributable to us inspecting, constructing, maintaining, repairing or replacing our infrastructure or our property beneath or near the owner’s works.
  6. Yarra Valley Water can’t guarantee and is not liable for any loss resulting from the lack of accuracy or completeness of any plans or information we provide for water, sewer and other infrastructure. The plans and information are to be solely used for the investigation and identification of the documented infrastructure by the property owner or their contractors prior to the commencement of any works. They’re not to be used for any other purpose e.g. to identify property boundaries, dimensions, structures or other property details. Due to potential changes to infrastructure and services, the plans and information should not be reused at a later date, and new plans and information should be obtained.
  7. The property owner must ensure all their work complies with all applicable laws and approvals.
  8. The property owner is solely responsible for the structural integrity of their property’s works including any footings, and to protect our infrastructure and easements.
  9. The property owner permits Yarra Valley Water to enter their land and its structures for the purpose of inspecting, constructing, maintaining, repairing or replacing our infrastructure or our property, and for this purpose, to excavate any part of the owner’s works. Yarra Valley Water won’t repair or reinstate the affected land or its structures.
  10. Yarra Valley Water’s conditions of approval apply to all the property’s successors in title. The owner must disclose these conditions to all prospective purchasers, lenders or successors in title.
  11. A failure to comply with Yarra Valley Water’s conditions of approval will invalidate the approval. As a result, the owner will be liable for penalties specified in the Water Act 1989, which may include fines or imprisonment.
  12. If any fees need to be paid to Yarra Valley Water as part of these conditions, the property owner must make the payment within 30 days from the date of issue on the invoice.
  13. Yarra Valley Water’s conditions don’t affect the rights of other authorities or other parties who have an interest in the property, such as the local council.
  14. If there are errors or inaccuracies in the application or other information provided to us, or if the final plans aren’t submitted with the application, we may withdraw our approval or impose additional conditions.
  15. Single residential, multi-unit residential, industrial and commercial developments must meet the requirements in WSA 02 – 2014 Gravity Sewerage Code of Australia, Version 3.1 - Clause 6.4. The code may require a sewer branch connection from an existing maintenance structure or from a new maintenance structure. If a new maintenance structure is required, you’ll have to submit an application to Yarra Valley Water.
  16. The conditions of approval will be disclosed to any person who applies for an information statement in relation the property. This is a requirement of Section 158 of the Water Act 1989.

Posted: February 2024