Code for Extraction, Excavation and Filling
purpose of this code is to ensure any on-site, external or
other infrastructure works associated with the development
of land are designed and undertaken:
(a) in accordance with best environmental management
practice to support the achievement of ecological
(b) so that it respects social and cultural
values, is suitably integrated and does not detract from
the character and amenity of the locality;
(c) so that surroundings, including downstream
areas, where relevant, are not adversely impacted by
off-site effects such as increased sediment or nutrient
(d) so that there is minimal impact upon
existing public infrastructure; and
(e) so that there is minimal impact on the
amenity of adjoining premises.
(1) Some or all provisions of this code apply to:
Material Change of Use,
Reconfiguring a Lot,
excavation or filling.
(2) The code does not apply to the extent excavation or
filling is addressed by the Standard Building Regulation.
(3) This code contains elements which address:
excavation and filling
(4) The following Planning Scheme Codes may also be
applicable depending on the nature and scale of the
development and the location of the site;
Code for Nature Conservation Management,
Code for Waterways and Wetlands,
Code for Assessment and Management of Acid Sulfate
Code for Development on Steep or Unstable Land,
Design Code for Flooding
Code for Operational Works - Site Development
Code for Operational Works - Engineering.
Element: Extraction, Excavation and Filling
provide for filling and excavation, in circumstances where
the relevant provisions of the Standard Building
Regulation do not apply, in a manner that does not impact
adversely on the site, the surrounding area, services or
environmental, cultural or social values.
Excavation and filling must be carried out in a way
· does not cause environmental harm,
· does not impact adversely on visual
amenity or privacy, and
· is of a nature and scale such that natural
landforms and drainage lines are maintained as much
(a) on sites steeper than 15% slope, the extent
of excavation (cut) and fill does not involve a
total change of more than 1.5m relative to the
natural ground level at any point, or
(b) in other areas the fill or excavation depth
is not greater than 750 1000mm at any point.
For land which slopes greater than 15%, the extent
of cut and/or fill associated with a Detached house
no greater than 50% of the site area,
no greater than an area of 500m2,
no greater than 50m3.
No part of any cut and/or fill batter is within 1.5
metres of any property boundary except minor cut and
fill (defined as cut and fill involving a change in
ground level of less than 200mm that does not
necessitate the removal of any vegetation)
Retaining walls are no greater than 1.0 m high.
Retaining walls are constructed a minimum 150 mm
from lot boundaries.
Retaining walls are located wholly within the lot
where retaining lot fill, and wholly within the road
reserve where retaining road fill.
Cut, fill, or other stored materials (topsoil, etc),
· contained wholly within the site; and
· located in a single manageable area
that does not exceed 50m2; and impact on
waterways & drainage lines; and
· located at least 10m from any property
For assessable development, disposal of spoil
generated from earthworks within existing declared
roads must be to the satisfaction of Council and be
placed so that it does not impact on any remnant
vegetation, wetland or waterway or any other
environmentally sensitive area.
self-draining and have a minimum cross-fall of 1 in
An inter-allotment drainage system is provided in
accordance with Element 5 of the Code for
Operational Works - Engineering.
Cut and/or fill batters do not extend over lot
Cut and/or fill batters do not extend into parkland
or bushland Reserve.
Cut batters are limited to a maximum slope of:
2 horizontal to 1 vertical for sand,
4 horizontal to 1 vertical for silt,
(c) 1 horizontal to 1 vertical for firm clay,
3 horizontal to 2 vertical for soft clay; and
fill embankments are limited to a maximum of:
3 horizontal to 2 vertical for sand,
4 horizontal to 1 vertical for silt,
horizontal to 1 vertical for firm clay.
Filling or Excavation for the purposes of creating a
lake or pond must not result in any loss or
degradation of environmentally sensitive areas or
cause unacceptable changes to existing hydrological
regimes or water quality values.
No heathland ecosystems or wetland is displaced,
degraded or otherwise adversely impacted by the
creation of the lake.
The lake is designed and constructed in accordance
with an approved Environmental Management Plan
prepared in accordance with Planning Scheme Policy
No. 1 "Preparation of Environmental Assessment
and Management Reports" and Planning Scheme
Policy No. 11 "Flooding and Stormwater
Management Report Requirements".
Filling or excavation must not result in any
contamination of land.
No contaminated material is used as fill.
For excavation, no contaminated material is
excavated, or acid sulfate soil or contaminant
The volume of any disturbed acid sulfate soil is
less than 50m3 and is treated and managed
to neutralise the acids and acid forming soils in
accordance with the QASSIT guidelines and Annex 3 of
the State Planning Policy 1/01 - "Planning and
Management of coastal development involving Acid
For assessable development any contaminated material
to be excavated or extracted is done so in
accordance with an approved Environmental Management
Plan and, where applicable, in compliance with the
requirements of Councils Code for Assessment and
Management of Acid Sulfate Soils
If filling involves filling of an existing dam, all
unsuitable or contaminated material is removed from
the site and satisfactorily disposed.
Filling or excavation must not cause any increase in
flooding or drainage problems.
Filling or excavation does not cause ponding on the
site or on any nearby land.
For assessable development:
(a) filling or excavation complies with the
relevant requirements of Council's Code For
Development on Flood Prone Land, and
(b) any increase in flooding will not actually or
potentially, adversely affect the value, safety or
use of any land,
(c) any changes to run-off characteristics
resulting from filling for storm events, up to at
least the 2 year ARI flood event, are minimised in
an ecologically appropriate and sensitive manner,
(d) any filling or excavation associated with
significant vegetation, waterways or wetlands
complies with Council's relevant environmental
Filling or excavation does not adversely affect the
flow of water in any overland flow path.
In catchments where regulation lines have been
determined, no filling extends into the area between
the regulation lines.
Filling does not affect the existing natural
drainage of the area, does not affect the area
available in any natural or artificial watercourse
for either present or estimated future flood flows
and does not detrimentally reduce the volume within
a flood plain available for the storage of flood
Filling or excavation does not result in the loss or
degradation of any wetland or heathland area within
the site or adjoining the site.
Where the site proposed for development includes,
either wholly or in part, an area of wetland or
heathland, any filling or excavation does not occur
within a 100m of an area of wetland or heathland.
Filling or excavation in a wetland or heathland is
undertaken in accordance with the Code for Waterways
Filling or excavation in wetland or heathland areas
is undertaken in accordance with an approved
Environmental Management Plan.
Filling or excavation must not adversely affect
environmental values in receiving waterways,
wetlands or other waterbodies.
Any excavation or filling of the site protects the
quality of receiving waters by ensuring run-off
and/or wastewater is treated in a system of ponds,
filtered to remove sediment and nutrients, or
physically removed from the site and is not released
into any waterway buffers where provided.
Where the site proposed to be filled or excavated
includes, either wholly or in part, an area of
wetland or heathland, the natural systems must not
be used as part of the water quality system and must
be maintained as natural functioning systems with a
minimum 40m buffer between development and these
Filling or excavation is nor carried out within 100m
of any waterway or wetland, or, a lesser distance
where in accordance with a previous Development
approval for a Material Change of Use, Reconfiguring
a Lot or Building Work (which have not lapsed).
The development complies with the relevant
requirements of Council's Code For Waterways and
Wetlands and Code For Nature Conservation Management
and Biodiversity Protection;
For assessable development, the development complies
with the relevant water quality objectives detailed
in the Environmental Protection (Water) Policy
including objectives relating to erosion and
sediment, litter, pathogens, nutrients and acid
sulfate soils, and Council's Code For Operational
Works - Engineering (Element 3) and erosion and
sediment control policy.
Filling or excavation must not cause adverse traffic
For works within residential precincts, the haulage
truck size is no greater than "Heavy Rigid
The truck haul route follows the most direct route
to the main road system.
Filling or excavation must not adversely affect any
The site does not contain any utility services.
The filling or excavation does not occur within 1.5
metres of any utility services.
Any utility services that may be affected by the
filling or excavation are properly relocated or are
physically protected from possible damage or
Ensure filled areas do not pose a health or safety
risk to users and neighbours of the site, are not
contaminated and are environmentally sound.
Waste materials are not used as fill. Waste
materials include but are not limited to:
domestic clean-up waste
The location and extent of Excavation or filling is
consistent with the intended future use of the site.
The extent of excavation and filling is in
accordance with a previous Development approval
and/or a building area as part of a Material Change
of Use, Reconfiguring a Lot or Building Work (which
have not lapsed).
No excavation or filling occurs until the future
intended use of the site is approved.
Element: Vegetation Protection
protect and, where possible, enhance the ecological and
scenic values of areas of significant vegetation on sites
where development (other than for the purpose of a
Detached house or outbuilding) is proposed.
Excavation and or filling, including for any
infrastructure works, must be undertaken in accordance
with best environmental management practice and with
minimal adverse impacts on the environment.
For premises including or in a Special Management
Area as shown on Regulatory Maps 1.1 and 1.2 or having
areas of significant vegetation 500m2 or
greater, any vegetation clearing, and the site layout
and design, is in accordance with the vegetation
protection measures required in the Code For Nature
Conservation Management and Biodiversity Protection
and/or the Code for Waterways and Wetlands.
For premises having areas of remnant vegetation of an
area less than 500m2, development is
undertaken in accordance with all other Acceptable
Measures of this element of this code.
During excavation or filling, including for any
infrastructure works, the development works must be
undertaken to ensure a coordinated and integrated
approach is undertaken in relation to all aspects of
vegetation retention and landscaping.
Excavation and filling is undertaken in accordance
with best environmental management practice measures
including, at a minimum:
· installation of protective fencing of retained
vegetation during construction,
· erection of advisory signage,
minimal disturbance to soils and careful
management of any suspended soil particles to prevent
off-site impact or impacts on any on-site natural
watercourses including, at a minimum, the installation
of siltation traps,
· no disturbance of natural ground level below
the canopy of any retained mature tree through
earthworks or storage of plant, materials and
· removal of all declared noxious weeds and
Any change in the natural ground level resulting from
excavation or filling is designed and managed so that
it does not adversely impact on any remnant vegetation
to be retained within the site or on adjoining sites
through changed conditions such as ponding or sediment
build up over time.
For assessable development, retained vegetation is
appropriately protected and other environmental
management measures put in place during the
construction and maintenance periods in accordance
with an approved Environmental Management Plan
prepared by a suitably qualified person which
addresses at a minimum the matters outlined in A2.1
Excavation and filling works are undertaken in
compliance with the "Temporary Erosion
Control" measures outlined in Element 6 of
Councils Code for Operational Works - Engineering and
Council's Erosion and Sediment Control Policy.
Maintenance requirements are kept to a minimum and
incorporate water sensitive design.
Any clearing of vegetation must retain any trees
(native or exotic) which significantly contribute to
the character, visual amenity and/or ecological
integrity of the locality, and which is/are not within
or immediately adjoining an approved building envelope
or the area of any approved building, operational or
The retention of any healthy existing native or exotic
tree which is not directly affected by any approved
building, operational or drainage works, and which
would be expected to be retained under Council's Local
Law for Vegetation Protection.