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Contents (2000 - 92)
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Water Management Act 2000 No 92
Current version for 1 November 2019 to date (accessed 20 February 2020 at 18:54)
Chapter 5 Part 2 Division 2
Division 2 Powers of Minister
255   Restriction on use of lands adjacent to levee banks
(1)  If a levee bank has been constructed adjacent to the Hunter River, the Minister may, by notice in writing to—
(a)  the landholder of the land on which the levee bank has been constructed, or
(b)  the landholder of any land adjacent to the levee bank, or
(c)  the landholder of the whole or any part of the land lying between the levee bank and the Hunter River,
impose such conditions and restrictions on the use of such levee bank or land as the Minister considers necessary or desirable to ensure the stability of the levee bank and in the interests of flood prevention or mitigation within the Hunter Valley generally.
(2)  The Minister may in the like manner revoke or vary any notice given in pursuance of this section.
(3)  If any landholder to whom such a notice has been given contravenes any condition or restriction imposed by the notice, the Minister—
(a)  may authorise any person to enter the land to which such notice relates, and to take such remedial measures on that land as the Minister considers necessary, and
(b)  may recover any cost incurred in so doing from the landholder in any court of competent jurisdiction as a debt due and owing to the Crown.
(4)  If under this section conditions or restrictions on the use of any levee bank or land are imposed by the Minister, the landholder of the levee bank or land is entitled to claim and be paid compensation for any loss sustained by reason of those conditions or restrictions.
256   Construction of fences, structures and flood works
(1)  A person must not—
(a)  construct any building, fence or structure in, on, or adjacent to, a levee bank, or
(b)  construct a flood work on a floodplain,
except with the consent of the Minister.
Tier 2 penalty.
(2)  The Minister’s consent may be given unconditionally or subject to conditions.
(3)  An authorised officer—
(a)  may enter any lands on which any building, fence or flood work has been constructed otherwise than in accordance with the Minister’s consent, and
(b)  may take such measures as are necessary to demolish or remove the building, fence or flood work or to render the flood work ineffective.
(4)  The costs incurred by an authorised officer under this section are recoverable from the landholder as a debt in a court of competent jurisdiction.
(5)  The Minister may, by notice published in the Gazette, exclude any lands from a floodplain.
(6)  In this section, floodplain means any lands declared to be within the floodplain of the Hunter River by a proclamation in force under section 16 of the former Hunter Valley Flood Mitigation Act 1956, other than lands excluded from the floodplain by a notice published under this section.