We have updated the Guidelines for Erosion and Sediment Control on Building Sites 2024, following public exhibition from 22 September to 29 October 2023. The guidelines replace the 2001 Guidelines for Erosion and Sediment Control on Building Sites and deliver on a commitment under the NSW Marine Estate Management Strategy 2018-2028 to improve water quality and protect our waterways.
These guidelines will help builders on small-scale sites (less than 2,500m2) understand how to control erosion and sediment runoff using modern practices so they can avoid polluting waterways. The guidelines provide practical advice to assist industry to meet their obligations under their development consent.
The guidelines are referred to in the standard conditions of development consent for erosion and sediment control.
Submissions report
In response to stakeholder feedback, the department has prepared a submissions report which provides a summary of how feedback received during the exhibition was addressed.
Exhibited documents
Exhibited documents
Frequently asked questions
Frequently asked questions
What are the guidelines and who are they for?
What are the guidelines and who are they for?
Everyone working on a building site is responsible for preventing erosion and sediment from polluting our waterways.
The guidelines are an update to the Guidelines for Erosion and Sediment Control and Building Sites prepared by the previous Department of Land and Water Conservation in 2001.
The guidelines help small-scale builders, certifiers, stormwater specialists and anyone working on construction sites between 250m2 to 2,500m2 understand how to prevent erosion and sediment pollution to protect our waterways.
Why is managing erosion and sediment important?
Why is managing erosion and sediment important?
It’s the law. Section 120 of the Protection of the Environment Operations Act 1997 (POEO Act) makes it an offence to pollute waterways. Everyone working on a building site has a responsibility to protect our waterways.
Without proper controls, sediment from construction sites can be washed into stormwater systems and surrounding waterways, presenting a significant threat to water quality. Reasonable and practical measures to prevent erosion and control the movement of sediment offsite help keep our waterways healthy, so they can sustain native vegetation and wildlife and support community and commercial activities.
Why were the guidelines updated?
Why were the guidelines updated?
Since the previous guidelines were published in 2001, some techniques have become outdated and are no longer best practice. There are also some aspects of erosion and sediment control that are not covered in the 2001 guidelines. The update provides accessible and up-to-date guidance and techniques for erosion and sediment control, to help prevent our waterways from being polluted.
What are the main changes?
What are the main changes?
The updated guidelines:
- have an increased focus on site planning, how to scope your site and what is required as part of an Erosion and Sediment Control Plan (ESCP)
- the guidelines include helpful checklists that can be used when preparing an ESCP and before you start construction
- include amendments to outdated guidance, such as removing the recommendation to use straw bale filters (these fall apart easily and are generally no longer recommended)
- are easier to read – rather than multiple factsheets, all information is included in one document with improved accessibility
- include greater detail on important aspects of erosion and sediment control, such as wash down areas and site maintenance
- provide greater clarity on the scope of the guidelines for sites between 250m2 and 2,500m2 and the use of a suitably qualified person in the preparation of an ESCP.
How do the guidelines relate to the ‘Blue Book’?
How do the guidelines relate to the ‘Blue Book’?
The Managing Urban Stormwater: Soils and construction, 4th edition prepared by Landcom, known as the ‘Blue Book’, applies to urban construction sites over 250m2. Our guidelines apply to sites under 2,500m2 and complement the Blue Book (not replace it) by providing up-to-date, accessible guidance that provides clear procedures for preventing erosion and sediment pollution, with more detailed, technical guidance contained in the Blue Book. There are signposts throughout the guidelines to relevant sections of the Blue Book.
Do the guidelines increase ‘red tape’?
Do the guidelines increase ‘red tape’?
No. In August 2022, the department developed a set of non-compulsory standard conditions of development consent which consent authorities can use to establish erosion and sediment controls. The erosion and sediment control condition referenced the ‘Do it Right On-site’ factsheets published in the early 2000s by the Southern Sydney Regional Organisation of Councils and the Natural Heritage Trust. The standard condition for erosion and sediment control has been updated to refer to the new guidelines and the ‘Do it Right On-site’ factsheets have been removed. While this may change site specific practices, this is not a new regulatory requirement. Consent authorities continue to decide whether to apply the condition and enforce any compliance action.
How do I implement the guidelines?
How do I implement the guidelines?
The guidelines will help you plan erosion and sediment control measures for a site in a logical way. The preparation of an ESCP may be required as part of your development consent. You should read about understanding your site and what to look for before using the techniques outlined in the guidelines. There is also information about how to prepare your ESCP, which you can only do once you understand your site and techniques available for your site.
The guidelines also include helpful checklists that can be used when preparing an ESCP and before you start construction.
How will the guidelines support the construction industry?
How will the guidelines support the construction industry?
The up-to-date guidelines will help small-scale builders, certifiers, stormwater specialists and anyone working on construction sites to understand how to prevent erosion and sediment pollution to protect our waterways. As well as protecting the environment, erosion and sediment control helps to:
- manage site damage caused by bad weather
- reduce delays to site operations
- avoid the possibility of fines
- create a cleaner and more organised worksite.
Can compliance action be taken if the guidelines aren’t followed?
Can compliance action be taken if the guidelines aren’t followed?
If your conditions of development consent requires you to implement erosion and sediment controls in accordance with the guidelines, compliance action may be taken by the consent authority if you do not follow the guidelines.
Are the guidelines mandatory?
Are the guidelines mandatory?
No. Consent authorities can choose to include a standard condition of development consent that requires the preparation and application of an Erosion Sediment Control Plan (ESCP) in accordance with the guidelines.
The guidelines are referenced in the standard conditions of development consent. The standard conditions represent best practice and should be used where relevant.
If your conditions of development consent require you to implement erosion and sediment controls in accordance with the guidelines, compliance with the guidelines is mandatory for your development.
We suggest using the guidelines to help manage erosion and sediment control on your site even if it’s not specified in the development consent conditions. Erosion and sediment control is everyone’s responsibility, and the updated advice can help provide a logical and safe way to manage your site.
What else is NSW Government doing to improve water quality?
What else is NSW Government doing to improve water quality?
The NSW Marine Estate Management Strategy 2018-2028 aims to address key threats to the NSW marine estate, including poor water quality. The strategy includes numerous actions to improve water quality, including:
- the creation of a diffuse source water pollution strategy
- oyster reef restoration
- resealing dirt roads
- stabilising riverbanks to protect against erosion.
Where can I find more information about erosion and sediment control?
Where can I find more information about erosion and sediment control?
For more detailed information about erosion and sediment control, consult the ‘Blue Book’. Alternatively, the Environment Protection Authority (EPA) can be contacted by phone: 131 555, or by email [email protected]
My development consent refers to the existing guidelines – which ones should I use?
My development consent refers to the existing guidelines – which ones should I use?
Use the guidelines or other documents referred to in your conditions of development consent.
Can I use these guidelines for other pollutants/contaminants on site?
Can I use these guidelines for other pollutants/contaminants on site?
No, these guidelines are for erosion and sediment control only. Other contaminants may need to be dealt with differently. You should refer to your development consent for conditions relating to chemical storage and waste management. The department’s standard conditions of development consent include a condition on waste management and following stakeholder feedback we have updated the conditions to include chemical storage. This ensures that robust controls are in place to manage waste and chemical storage on construction sites.
How do these relate to Complying Development?
How do these relate to Complying Development?
The guidelines are not a requirement for complying development. Requirements for complying development can be found in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
However, the department intends to update the Guide to Complying Development and the pocketbook to refer to the guidelines to provide best practice erosion and sediment control advice for those using the complying development pathway.
Do I need a Certified Professional in Erosion and Sediment Control (CPESC) to prepare my ESCP?
Do I need a Certified Professional in Erosion and Sediment Control (CPESC) to prepare my ESCP?
For sites greater than 250m2 and less than 2,500m2, it is not recommended that a CPESC be engaged to prepare the ESCP. However, we encourage an ESCP be prepared by a suitably qualified person with experience in erosion and sediment control. Relevant qualifications and/or experience can include:
- engineering (agricultural, construction, civil, or environmental)
- soil science
- environmental science or management, or a related field
- completion of an advanced training course in erosion and sediment control
- at least 2 years’ experience in the management of erosion and sediment control
More information
Read more about the changes to sediment and erosion control guidelines on the DPHI website.
If you have any questions about the guidelines, contact [email protected].