Building a home or upgrading a property in regional Australia is the dream for many of us. Whether you’re looking at a plot of land in the Hunter Valley, renovating a heritage cottage in the Southern Highlands, or setting up a farm stay near the Blue Mountains, the appeal is obvious. Space, fresh air, and freedom.
But with that freedom comes a specific set of responsibilities, especially when you are too far out to connect to the town sewerage grid. If you are dealing with wastewater on your own property, you are going to run into some paperwork. In New South Wales specifically, the big hurdle and the subject of many confused phone calls we receive here at Eco Septic is the “Section 68 Approval.”
If you are operating in Queensland, Victoria, or Tasmania, you have your own sets of local council permits that mirror this process, but today we are doing a deep dive into the NSW legislation. It’s a critical piece of the puzzle for getting your concrete tank installation or septic system servicing sorted out legally and safely.
Let’s strip away the bureaucratic jargon and talk about what this approval actually is, why you need it, and how to get it without pulling your hair out.
Understanding the Basics of Section 68
To put it simply, Section 68 refers to a specific section of the *Local Government Act 1993* (NSW). This piece of legislation dictates a wide range of activities that require formal approval from your local council before you can proceed.
While Section 68 covers everything from setting up a mobile food van to swinging a crane over a public road, for our customers, it is almost exclusively about water supply, sewerage, and stormwater drainage work.
The Legal Definition
Under the Act, there is a specific category known as “Part C – Management of Waste.” Item C5 specifically states that you need prior approval to “install, construct or alter a waste treatment device or a human waste storage facility or a drain connected to any such device or facility.”
In plain English? You cannot just dig a hole and drop a tank in it. Whether you are installing a brand-new Aerated Wastewater Treatment System (AWTS), putting in a traditional septic tank, or even significantly modifying an existing setup, the council needs to sign off on it.
This approval is separate from your Development Application (DA). A DA says “yes, you can build a house here.” A Section 68 approval says “yes, the way you plan to handle the toilet flushing and shower water is safe for the environment and public health.”
Why Councils Are Strict About Wastewater
It might feel like red tape, but there is a very good reason for this strictness. In many parts of NSW from the coastal sandy soils of the Northern Rivers to the clay-heavy grounds of Western Sydney wastewater management is tricky.
If a septic system fails or is installed incorrectly, it doesn’t just create a bad smell in your backyard. It can leach E. coli and other pathogens into the groundwater. It can contaminate local creeks and rivers (which is a massive issue in catchment areas like the Hawkesbury-Nepean), and it can pose a serious health risk to your family and neighbours.
Councils use the Section 68 process to ensure that the system you are buying—whether it’s one of our durable concrete tanks or a versatile polyurethane unit—is the right size and type for your specific block of land.
When Do You Actually Need This Approval?
A common misconception is that you only need this approval for a brand-new house. That is not the case. The legislation captures a few different scenarios, and missing one can lead to hefty fines or the council forcing you to dig everything up and start again.
New Builds in Regional NSW
This is the most obvious one. If you are building a new home in an unsewered area, your Section 68 application usually runs parallel to your DA or Complying Development Certificate (CDC). You generally cannot get your Occupation Certificate (the piece of paper that lets you legally move in) until the septic system has been signed off.
Upgrading Failing Systems
This is a scenario we see often at Eco Septic. You might have bought an older farmhouse in Goulburn or near Bathurst, and the old brick septic pit has collapsed or is overflowing.
If you are replacing the tank or changing the method of disposal (for example, moving from absorption trenches to surface irrigation), you need a new Section 68 approval. You are effectively “installing or altering” a waste treatment device. This is a great opportunity to switch to a modern treatment plant that treats the water to a higher quality, allowing you to use it on your gardens.
Renovations and Extensions
Here is where people get caught out. Let’s say you are adding two new bedrooms and an ensuite to your home. You already have a septic tank, so you think you are fine.
However, adding bedrooms increases the “potential hydraulic load” of the house. Councils calculate septic capacity based on the number of bedrooms, not the number of people currently living there. If your existing tank is rated for a three-bedroom home and you turn it into a five-bedroom home, your current system is now undersized in the eyes of the law. You will likely need to upgrade the system and get a Section 68 modification or a new approval.
The Application Process Step-by-Step
Navigating council requirements can be daunting, but it follows a logical path. While Eco Septic operates across the entire East Coast—delivering wastewater solutions to Queensland, Victoria, and Tasmania as well—we find the NSW process requires specific attention to detail.
Step 1: The Wastewater Report
Before you fill out a single council form, you need a Wastewater Management Report (often called a Geotechnical or Land Capability Assessment).
You will need to hire a qualified wastewater consultant. They will come to your property and drill test holes. They are looking at:
Soil Type: Is it sandy (drains too fast), clay (drains too slow), or loamy (just right)?
Topography: Is the land flat or steep?
Water Table: How close is the groundwater to the surface?
Constraints: Are there dams, bores, or creeks nearby?
Based on this, the consultant will recommend the type of system you need (e.g., an AWTS or a sand filter) and the size of the irrigation area. This report is the backbone of your Section 68 application.
Step 2: Choosing the Right System (Concrete vs. Poly)
Once the consultant tells you *what* kind of technology you need, you need to choose the build of the tank. This is where Eco Septic steps in to help you decide between concrete and polyurethane.
- Concrete Tanks: These are the heavyweights. They are incredibly durable, they don’t float if the ground gets saturated (a risk in flood-prone areas like parts of the Hawkesbury or Northern NSW), and they keep the water temperature stable, which helps the bacteria work better. However, you need good truck access to install them because they are heavy.
- Polyurethane Tanks: These are fantastic for difficult sites. If you have a steep driveway in the Blue Mountains or a tight access block, a poly tank is much easier to manoeuvre. They are robust, corrosion-resistant, and seamless.
Your Section 68 application must specify the exact make and model of the system you intend to install, along with its NSW Health accreditation number.
Step 3: Submitting to Council
You will submit the application form, the fee (which varies from council to council, usually between $150 and $500), your Wastewater Report, and a site plan showing exactly where the tank and irrigation lines will go.
The council’s Environmental Health Officer (EHO) will assess the application. They might come out to the site to check that the plan matches reality. Once they are satisfied, they issue an “Approval to Install.”
Approval to Install vs. Approval to Operate
In NSW, the Section 68 process is actually a two-stage approval. Getting the green light to put the tank in the ground is only the first half of the battle.
The Installation Phase
Once you have the “Approval to Install,” Eco Septic or your chosen installer can get to work. We excavate the site, lower the concrete or poly tank into position, connect the plumbing, and lay out the irrigation or trenching.
It is vital that the installation follows the approved plan *exactly*. If you move the irrigation area 10 metres to the left because it looks better, you might be breaching the approval, as that new spot might not have been tested by the soil consultant.
The Final Commissioning
After installation, but before you start using the system, the council needs to inspect it. This is often called the “pre-commissioning” or “final” inspection.
The council officer wants to see that:
- The tank is the one they approved.
- The drains are laid correctly.
- The irrigation area is the right size and has the required warning signs/sprinklers.
If everything passes, the council issues an “Approval to Operate”(sometimes called a license). This is the golden ticket. It usually comes with conditions, such as requiring quarterly servicing by a licensed technician—something Eco Septic specialises in.
Common Roadblocks and How to Avoid Them
We have seen plenty of applications get stuck in council limbo. Usually, it comes down to a few common issues that can be avoided with a bit of foresight.
Poor Soil Conditions
If your block has heavy clay soil or bedrock near the surface, a standard trench system won’t work. The council will reject it because the water has nowhere to go.
The Solution: Be prepared for the consultant to recommend an Aerated Wastewater Treatment System (AWTS) with surface or sub-surface irrigation. These systems treat the effluent to a higher standard so it can be safely sprayed onto the grass or released into the topsoil, where evaporation and transpiration can handle the load.
Proximity to Waterways
If you are building near a river, creek, or dam, strict buffer zones apply. In NSW, you generally need to be at least 100 metres away from a permanent water source and 40 metres from a drainage depression.
The Solution: If your block is small and you can’t meet these distances, you may need an advanced nutrient reduction system. Eco Septic can supply systems designed to reduce nitrogen and phosphorus levels, which may help you get approval on constrained sites.
Incomplete Applications
It sounds simple, but missing a site plan or forgetting to attach the manufacturer’s specifications is the number one reason for delays.
The Solution: Ensure your installer or consultant provides a comprehensive package. At Eco Septic, we assist our clients by providing all the technical specifications for our concrete and poly tanks required for the application.
The Ongoing Role of Maintenance
Getting your Section 68 approval isn’t a “set and forget” deal. The “Approval to Operate” is usually valid for a set period (often 1 to 5 years, depending on the risk rating of your property).
To renew it, the council requires proof that the system is working. This is where your servicing contract comes in. Most modern systems require a service every three months (quarterly).
During a service, our technicians check:
- Aeration: Is the blower working to keep the good bacteria alive?
- Chlorine/UV: Is the disinfection stage working?
- Sludge levels: Does the tank need a pump-out?
- Irrigation: Are the sprays blocked or leaking?
We then send a report to both you and the local council. This report is the proof the council needs to keep your Approval to Operate valid. If you neglect servicing, the council can revoke your approval and issue fines.
How Eco Septic Simplifies the Process
While we are discussing NSW regulations today, Eco Septic is a business with a footprint that spans Victoria, Queensland, and Tasmania as well. We understand that wastewater management is about more than just a tank; it’s about protecting your property value and the environment.
Expertise Across the East Coast
Whether you are in the snowy winters of Tasmania or the humid heat of Queensland, the principles of good wastewater management remain the same, even if the form numbers change. We bring a high level of expertise to every job. We know which tanks withstand the shifting soils of Victoria and which ones are best suited to the rocky terrain of regional NSW.
Maintenance and Servicing
We don’t just sell you a tank and disappear. We offer comprehensive maintenance plans. For our NSW customers, this ensures you remain compliant with your Section 68 conditions. For our customers in VIC, QLD, and TAS, it ensures your system lasts for decades rather than years.
We handle the scheduling, the inspections, and the reporting. It takes the mental load off you. You don’t need to remember when your septic is due for a check-up—we do that for you.
Summary
A Section 68 approval is the gateway to building in unsewered NSW. It ensures that the wastewater from your home is treated safely, protecting your family and the local ecosystem.
The process involves:
- Getting a soil test (Geotechnical report).
- Selecting the right system (Concrete or Poly).
- Applying to the council for “Approval to Install.”
- Installing the system.
- Getting the final inspection for “Approval to Operate.”
- Maintaining the system with regular servicing.
It might seem like a lot of steps, but with the right partners, it’s a smooth process.
If you are currently looking at a block of land, planning a renovation, or dealing with a failing septic system in NSW, Queensland, Victoria, or Tasmania, reach out to us. At Eco Septic, we are happy to chat about your specific needs, explain the benefits of our concrete and polyurethane tanks, and help you navigate the path to a compliant, efficient wastewater system.
Give us a call today or drop us an enquiry through our website. Let’s get your wastewater sorted so you can get back to enjoying your property.
