In the Port Macquarie-Hastings Local Government Area, any property not connected to reticulated sewer must manage its own wastewater through an approved On-Site Sewage Management (OSSM) system. Whether you’re installing a new septic system, replacing an existing one, or upgrading to an aerated wastewater treatment system (AWTS), you need approval from Port Macquarie-Hastings Council (PMHC) before any works start.
Quick answer (BLUF)
PMHC issues OSSM approvals under the Local Government Act 1993 and the Local Government (General) Regulation 2021. The process requires a site and soil assessment, a system design by a qualified person, and a lodged application. Processing typically takes 4-8 weeks. Unlicensed installation or working without approval can result in orders, fines, and compulsory rectification at your cost.
Why PMHC approval is required
The Hastings River and its tributaries are sensitive receiving waterways. The Port Macquarie-Hastings coastline, including Lake Cathie, Camden Haven, and the estuaries, is subject to water quality monitoring and protections under NSW EPA environmental protection policies. Poor on-site sewage management is one of the primary contributors to waterway nutrient loading and bacterial contamination in rural coastal areas.
PMHC, as the regulatory authority for OSSM in the LGA, is responsible for:
- Approving new installations and replacements
- Registering all operating OSSM systems on its database
- Issuing maintenance contracts for AWTS units
- Enforcing compliance, including inspections and orders
What triggers an approval requirement?
You need an OSSM approval from PMHC for:
- New installation of any septic tank, AWTS, composting toilet or greywater system on a property not connected to sewer
- Like-for-like replacement of an existing tank (even replacing a broken tank with the same type and size requires approval)
- System upgrade, for example, converting from conventional septic to AWTS
- Modification to an existing approval, adding secondary treatment, changing the dispersal area, relocating any component
- Subdivision involving on-site sewage management (each new lot must be assessed individually for system suitability)
Many of these triggers apply specifically to older systems that pre-date the current OSSM framework. See our guide on upgrading a pre-1998 septic for what forces an older system into an upgrade and what that indicatively costs.
You do not need a new approval for routine maintenance, pump-outs, filter cleaning, or replacing like-for-like mechanical components on an approved AWTS. However, replacing an AWTS unit with a different model or brand does trigger a new approval.
The approval process: step by step
Step 1: Site and soil assessment
The foundation of any OSSM application is a site and soil assessment. This must be carried out by a suitably qualified person, typically a civil engineer, environmental scientist, or experienced septic system designer. The assessment covers:
- Percolation testing: How quickly soil absorbs water, this determines the required absorption area size
- Soil profile description: Texture, structure, depth to restrictive layers (clay, rock, or water table)
- Topography and drainage: Slope, drainage patterns, proximity to waterways and drainage lines
- Setback analysis: Confirming all required separations from boundaries, buildings, water sources, and watercourses are achievable on the available land
- System sizing: Determining the required tank capacity and absorption area for the intended household size
Step 2: System design
Based on the site assessment, a system design specifies the type of system, tank size, and absorption area layout. The design must comply with:
- NSW Onsite Sewage Management for Single Households guidelines (the “Blue Book”)
- PMHC’s Local Approvals Policy and any specific conditions for your area
- Australian Standards (AS/NZS 1546, AS/NZS 3500.5)
For AWTS systems, the design must also specify the approved product model and its service contract obligations under NSW Health’s Environment and Health Protection Guidelines. That ongoing service contract is a real cost difference to budget for: our septic vs AWTS lifetime cost guide compares indicative install and 20-year running costs for both system types.
Step 3: Lodge the application
The application is lodged with PMHC’s Development and Environment team. Required documents typically include:
- Completed OSSM application form
- Site and soil assessment report
- System design drawings and specifications
- Certificate of title and site plan
- Application fee (check current fee schedule with PMHC)
Step 4: Assessment and approval
PMHC assesses the application for compliance with the regulatory framework. They may request additional information, common in the Hastings region for sites with high water tables, flood overlays, or tight setbacks. Approval is issued as an Operating Approval with conditions, which form the legal framework for how your system must be maintained and serviced.
Step 5: Installation and inspection
Works must be carried out by a licensed contractor (NSW drainage plumber’s licence is required for most components). PMHC may inspect the installation before backfilling. After installation, the system is registered in PMHC’s OSSM register.
Special situations in the Hastings LGA
Bushfire-prone land: Properties in bushfire-prone areas (widespread in the Comboyne, Beechwood, and upper Wauchope areas) may have additional constraints on system placement due to fire access requirements and vegetation retention provisions.
Flood-prone land: Low-lying properties near the Hastings River floodplain, Lake Cathie, and Camden Haven lagoon must demonstrate that the system will function during flood events. Raised mound systems or AWTS with above-ground components are typically required.
Environmentally sensitive areas: Properties adjacent to watercourses, wetlands or coastal lagoons face stricter treatment requirements, typically AWTS producing at least Class 2 effluent, rather than conventional primary treatment.
Holiday rental properties: If your property operates as a short-term rental, the approved system capacity must reflect the maximum occupancy, not just household size. This is a compliance issue that PMHC is increasingly scrutinising.
Rented properties generally: Where a property is leased under a standard residential tenancy rather than let short-term, the approval and its ongoing servicing obligations sit with the owner as the approval holder, not the tenant. Our rental property septic responsibility guide sets out how landlord and tenant responsibilities typically divide under NSW tenancy law.
OSSM register and ongoing obligations
Once approved, your system is registered in PMHC’s OSSM register, and the approval to operate is renewed on an ongoing cycle rather than granted once and forgotten, see our approval-to-operate renewals guide for how that cycle and its fees typically work. You are obligated to:
- Maintain the system in accordance with the approval conditions
- Arrange pump-outs at the required frequency (PMHC can specify this in the conditions)
- For AWTS: maintain the mandatory service contract and provide service records to PMHC on request
- Notify PMHC of any change of ownership (via the property transfer process)
PMHC conducts compliance inspections and can issue orders to repair or upgrade systems found to be non-compliant. If you’ve already received one of these, see our guide on responding to a septic non-compliance notice for how to work through it.
FAQs
Can I install a septic system without Council approval if I’m just replacing an old broken tank?
No. Any installation of a new tank, even a direct replacement, requires OSSM approval. The only exception is emergency works to contain an imminent overflow, where you should notify PMHC as soon as practicable and lodge for retrospective approval. Working without approval can result in orders to remove and replace the works.
Does PMHC inspect my septic system after installation?
PMHC has the power to inspect systems at any time. For new installations, an inspection before backfilling is common. For ongoing compliance, PMHC may inspect registered systems periodically or in response to complaints. Council’s environmental health officers can issue orders if systems are found to be operating unsatisfactorily.
How do I find out if my septic system is approved?
Contact PMHC’s Development and Environment team with your property address. They can check the OSSM register. If your system is not registered, common for older properties, you may need to retrospectively obtain approval, which requires a site assessment and application.
What happens if I sell a property with a non-compliant septic system?
The non-compliance must be disclosed during conveyancing. Purchasers’ solicitors will search council records as part of Section 10.7 planning certificate inquiries. A non-compliant system can delay settlement or require a price adjustment to account for rectification costs.