Pool removal in NSW operates under several overlapping regulatory frameworks, and the terminology can be confusing. Homeowners sometimes ask about a “Section 68 approval” for pool removal, referring to activity approvals under the Local Government Act 1993 (NSW). This guide clarifies what a Section 68 approval is, when it applies to pool removal, and how the process works in Wingecarribee Shire specifically.
Quick Answer (BLUF)
Section 68 of the Local Government Act 1993 requires approval from the local council for certain activities, including the construction or alteration of a pool and, in some circumstances, related plumbing and drainage work. For pool removal, the principal approval pathway is either a CDC under the EP&A Act or a DA to council, not a standalone Section 68 application. However, Section 68 approval may be required for the drainage and plumbing work associated with pool removal (capping connections, modifying stormwater). Your certifier will confirm which approvals are required for your specific project.
Understanding Section 68 in the Local Government Act Context
Section 68 of the Local Government Act 1993 (NSW) creates a category of “activities” for which local council approval is required, separate from planning approvals under the Environmental Planning and Assessment Act 1979. The Section 68 list includes:
- Installing, constructing or altering a swimming pool
- Installing or altering a private stormwater drainage system
- Installing or constructing a new gutter and downpipe connection to a public water main
For pool construction, a Section 68 approval from council was historically the mechanism, a council development consent that addressed both the structural and the plumbing elements. This has largely been subsumed by the modern planning system (CDC/DA), but some residual Section 68 requirements remain for plumbing and drainage work.
For pool removal, the situation is:
- The demolition of the pool structure is approved under the EPA Act (CDC or DA), not under Section 68
- The plumbing and drainage modifications associated with removal (disconnecting water supply, capping drainage, modifying stormwater) may require a Section 68 approval or compliance with the plumbing code via a licensed plumber
In practice, for most residential pool removals in Wingecarribee:
- The CDC or DA covers the structural removal work
- A licensed plumber handles the pipe disconnection and capping work and ensures this is done to the Plumbing Code of Australia standard
- A separate Section 68 application for the plumbing work is not typically required for a straightforward removal, the work is either covered by the plumber’s licence (for minor drainage capping) or is included within the DA scope
When a Section 68 May Be Relevant
Section 68 applications to WSC may be relevant where:
New drainage infrastructure is being installed. If the post-removal landscaping involves new stormwater drainage connections (e.g., connecting new downpipes to the stormwater system, installing a new surface drain), a Section 68 approval for the drainage work may be required in addition to or alongside the pool removal CDC/DA.
Connection to the water main is being modified. If the pool’s water supply connection is being capped at the water main rather than within the property, council or the water utility may have requirements.
The property sits within the Sydney drinking water catchment. Much of Wingecarribee Shire falls within this catchment, and while it doesn’t generally change the approval pathway for a standard residential pool removal, it does raise the bar on how pool water is discharged and how sediment is managed on site. Our Sydney catchment pool removal guide explains where this genuinely matters and where it doesn’t.
Access route works cross a stormwater easement or existing drainage. Where the machinery access route to the pool needs a temporary or permanent driveway modification that crosses stormwater infrastructure, this can bring Section 68 into play alongside any tree protection requirements for the same route. Our Wingecarribee tree preservation orders and pool access routes guide covers how access-route works near protected trees and drainage infrastructure are assessed together.
The pool removal is part of a broader works package. If pool removal is being done alongside other development, building a new structure, creating a new driveway connection, the plumbing and drainage aspects may trigger Section 68 requirements.
The property is on mapped bushfire-prone land. This doesn’t itself create a Section 68 requirement, but where a pool removal is bundled into a wider development application on a bushfire-prone property, asset protection zone and access provisions can end up assessed alongside any drainage matters. Our bushfire-prone land and pool removal guide explains what genuinely changes, and what doesn’t, for a standard removal on this kind of site.
The property is on flood-fringe land near Moss Vale. Backfill grading and pool water discharge deserve more care on land mapped as flood prone, and where new drainage connections are involved, that specific element can bring Section 68 into play even though the demolition itself proceeds under the standard exempt development or CDC pathway. Our flood-fringe pool removal guide covers backfill, grading and dewatering discharge on this kind of lot in more detail.
How to Confirm What Approvals You Need
The reliable way to confirm what approvals are required for your specific pool removal in Wingecarribee is to:
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Engage a private certifier for a pre-lodgement assessment. This is the most common approach. The certifier reviews your proposal and identifies the applicable approval pathways, CDC, DA and any Section 68 requirements.
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Call WSC’s Development Enquiry service. WSC’s planning team can provide informal advice on approval requirements for specific proposals. This doesn’t bind council but is useful for understanding the framework.
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Ask your licensed plumber. The plumber who will disconnect and cap the pool’s plumbing connections is qualified to advise on whether their work requires a Section 68 plumbing approval or whether it’s covered by their licence compliance obligations.
The Practical Steps for Lodging a Section 68 Application
If a Section 68 application to WSC is required (for the drainage or plumbing elements), the process is:
Step 1: Prepare the application documents. A Section 68 application typically requires:
- Completed application form (available from WSC’s website or the NSW Planning Portal)
- Site plan showing the location of proposed works
- Specification of the drainage or plumbing work proposed
- Owner’s consent
Step 2: Lodge with WSC. Section 68 applications for development work in Wingecarribee are lodged with WSC directly (not always through the Planning Portal, depending on the type of application, confirm with WSC). A lodgement fee is payable.
Step 3: Council assessment. WSC assesses the application against relevant standards (Australian Standard AS/NZS 3500 Plumbing and Drainage, WSC’s Stormwater Management DCP provisions). Assessment typically takes two to four weeks for straightforward applications.
Step 4: Approval issued. Council issues an approval with any conditions. Conditions might specify pipe materials, connection points or inspection requirements.
Step 5: Inspections. The approved plumbing or drainage work may be subject to council inspection at specific stages.
Integration With the CDC/DA Process
In Wingecarribee, it is common for the certifier managing the pool removal CDC to advise on whether any Section 68 approvals are required alongside the CDC. In many cases, the CDC encompasses the full scope of work and no separate Section 68 is needed. In more complex cases (significant drainage works, heritage properties requiring council involvement), the certifier will flag the need for additional approvals.
The key principle: engage your certifier early, be transparent about the full scope of work, and let them guide the approval pathway. Attempting to navigate the approval requirements without professional guidance risks either getting it wrong or over-complicating a process that may be straightforward.
Our pool removal approval timeline guide covers the overall approval process week by week.
FAQs
Is a Section 68 approval the same as a DA?
No. They operate under different legislation. A DA (Development Application) is made under the Environmental Planning and Assessment Act 1979. A Section 68 approval is made under the Local Government Act 1993. In practice, for pool removal, the DA/CDC is the main approval mechanism. Section 68 may apply to specific plumbing and drainage elements.
Can my pool removal contractor apply for Section 68 approval on my behalf?
A contractor can assist in preparing and lodging applications, but as the property owner, your consent is required. For plumbing-specific Section 68 applications, a licensed plumber is typically the applicant.
How much does a Section 68 application cost?
Council fees for Section 68 applications vary by the type and scale of work. WSC’s fee schedule is published on their website. For a simple drainage capping application, the fee is typically $200-$600.
If I use the CDC pathway for pool removal, do I still need a Section 68?
Usually not for the demolition work itself. But if the post-removal works include new drainage connections to the stormwater system or modifications to the plumbing main, those specific elements may separately require Section 68 approval regardless of the CDC covering the structural demolition. Your certifier will advise.
For the broader picture of when a pool removal needs no approval at all versus when it triggers a CDC or DA, see our exempt development pool removal guide.