When NSW homeowners research pool removal approvals, they typically focus on the planning side, exempt development, CDC or DA. But there’s a parallel approval stream that’s less commonly discussed: Section 68 approval under the Local Government Act 1993. This applies not to the demolition work itself, but to certain plumbing and drainage activities connected to pool removal. Understanding when s68 applies, and when it doesn’t, helps you avoid being caught out by an approval you didn’t know you needed. For the full planning approval picture, see our guide to pool removal council approval in NSW.
Quick answer (BLUF)
Section 68 approval under the Local Government Act 1993 is required for certain plumbing and drainage works connected to pool removal, specifically the connection of pool drainage to the sewer system, and in some cases the capping or alteration of water service connections. This approval is typically obtained by your licensed plumber as part of their standard compliance certification process. Most homeowners don’t need to lodge a separate s68 application themselves.
What is Section 68?
Section 68 of the Local Government Act 1993 lists activities that require council approval before they can be carried out. The relevant categories for pool removal are found in Part C and Part D of the s68 activity list:
- Part C, Water supply, sewerage and stormwater drainage work: Includes “connect a private drain or sewer with a public drain or sewer vested in or under the control of the council”, this is directly relevant to draining a pool to the sewer.
- Part D, Activities on public land: Not typically relevant to private residential pool removal.
The specific s68 activity that affects pool removal most often is the act of connecting pool drainage (either during removal draining or as a permanent disposal method) to the council sewer system.
How does this work in practice?
In most Hunter-region pool removal jobs, the s68 approval process works invisibly in the background:
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Your licensed plumber obtains approval. Licensed plumbers working in the Newcastle City Council and Lake Macquarie City Council areas are familiar with s68 requirements. For routine pool drainage and capping work, the approval is typically granted quickly (sometimes as a standing approval for licensed plumbers, or as part of the plumbing certificate process).
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The plumber issues a compliance certificate. After completing the capping and drainage work, the licensed plumber issues a compliance certificate under the Plumbing and Drainage Act 2011 (now the Water Industry Competition Amendment Act framework). This certificate confirms the work meets Australian Standard AS 3500 and local council standards.
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You receive documentation. The compliance certificate, keep it with your property records. It may be needed if you sell the property later.
In practice, you will almost never personally lodge an s68 application. This is your plumber’s domain.
When might s68 cause delays?
S68 can cause unexpected delays in these scenarios:
Pool drainage to stormwater instead of sewer: Pool water must be drained to the sewer (after dechlorination) in Newcastle and Lake Macquarie, not to stormwater. If a previous pool owner or contractor has set up drainage to stormwater, rectifying this requires a proper sewer connection, which triggers a full s68 application and inspection. This can add 1-3 weeks to the pre-removal phase.
New sewer connection required: If your pool equipment pad has no existing sewer access nearby, creating a new sewer connection is a more significant plumbing job that requires a formal s68 application, inspection and fee payment. Costs for this additional work can run $800 to $2,500 depending on distance and depth.
Work that triggers building consent: If the pool removal involves demolition of a structure that has its own plumbing connections (e.g., a pool house with a toilet and sink), the building work may require a separate DA or CDC in addition to the s68 plumbing approval.
Newcastle City Council vs Lake Macquarie City Council
Both councils administer s68 through the same NSW Local Government Act framework, but their fee schedules and processing times differ slightly:
- Newcastle City Council processes most residential s68 plumbing applications within 5-10 business days
- Lake Macquarie City Council operates similarly
In practice, experienced local plumbers typically have an established working relationship with both councils and know the local requirements. Selecting a plumber with Hunter-region experience is valuable here.
Hunter Water involvement
For properties connected to Hunter Water’s reticulated sewerage system (which covers most of Newcastle and Lake Macquarie), any connection to the sewer also needs to comply with Hunter Water’s requirements. Hunter Water has a Sewer Connection Standards document and their own approval process for work affecting their infrastructure. Your plumber should be familiar with both the council s68 requirement and the Hunter Water requirements, these are typically managed together.
What pool removal doesn’t require under s68
To be clear, s68 does not apply to:
- The physical demolition of the pool shell
- Excavation and backfill work
- Removal of pool equipment from the pad
- Landscaping and surface restoration
These are either not activities listed in s68, or they are covered by planning approvals (or exempt from planning approval) rather than s68.
FAQs
If I don’t drain the pool to the sewer, do I still need s68 approval?
If you drain the pool to a truck (pump-out service) rather than directly to the sewer connection, the sewer connection work is avoided. Some contractors use this approach. However, pump-out costs are significant for a large pool (50,000+ litres) and most owners prefer the sewer drain method. Discuss options with your contractor and plumber.
Does the s68 approval come with an inspection?
Yes, most s68 plumbing approvals require the council (or accredited certifier) to inspect the completed work before the plumbing certificate is issued. This inspection is typically scheduled by the plumber and is non-invasive (the plumber shows the inspector the completed connections before covering them).
Do I need to lodge the s68 application before starting the job?
Yes, s68 approval must be obtained before the work commences, not after. Work carried out without s68 approval where it is required is illegal and can result in council enforcement action and a requirement to redo the work. Your plumber should lodge the application as part of their standard process before attending site.