We’re developing a new legislation website and need your feedback.
You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2018 - 480)
Skip to content
Water Management (General) Regulation 2018
Current version for 7 February 2020 to date (accessed 5 April 2020 at 17:58)
Part 3 Division 2 Subdivision 6
Subdivision 6 Exemption from requirement for flood work approval
45   Definition
In this Division—
designated high risk flood area means—
(a)  a recognised floodway that is designated by a converted floodplain management plan, or
(b)  an area of a floodplain that is within Management Zone A or D under a management plan that applies to the floodplain.
46   Exemption relating to compliance with State emergency direction
(1)  A person is exempt from section 91D(1) of the Act if the person constructs, uses or modifies a flood work in compliance with a direction given under the State Emergency and Rescue Management Act 1989 or State Emergency Service Act 1989.
(2)  An exemption conferred by subclause (1) ceases to apply 3 months after the date on which the direction was given or such later date as the Minister may approve of in writing.
47   Exemption relating to work carried out by determining authorities or under development authorisations
(1)  A determining authority is exempt from section 91D(1) of the Act in relation to the construction or use of a flood work if—
(a)  the construction or use of the work is permitted to be carried out by the determining authority under the Environmental Planning and Assessment Act 1979 (whether or not under a development authorisation), and
(b)  the work is situated in or on—
(i)  a place that is located within a managed designated high risk flood area, or
(ii)  any other place (unless it is located within an unmanaged designated high risk flood area).
(2)  A person (other than a determining authority) is exempt from section 91D(1) of the Act in relation to the construction or use of a flood work on a landholding that is owned or occupied by the person if—
(a)  the construction or use of the work is carried out under a development authorisation, and
(b)  the work is situated in or on—
(i)  a place that is located within a managed designated high risk flood area, or
(ii)  any other place (unless it is located within an unmanaged designated high risk flood area), and
(c)  the total area of the landholding does not exceed 0.2 hectare.
Note.
 Section 5.7 if the Environmental Planning and Assessment Act 1979 makes provision with respect to environmental impact assessments before carrying out, or approving the carrying out of, certain activities.
(3)  In this clause—
determining authority has the same meaning as in Division 5.1 of Part 5 of the Environmental Planning and Assessment Act 1979.
development authorisation means—
(a)  development consent within the meaning of the Environmental Planning and Assessment Act 1979, or
(b)  approval within the meaning of Division 5.1 of Part 5 of the Environmental Planning and Assessment Act 1979.
managed designated high risk flood area means a designated high risk flood area to which a floodplain risk management plan or floodplain risk management study applies (being a plan or study that has been developed and implemented by a local council in accordance with the Floodplain Development Manual 2005, or a replacement manual, notified under section 733 of the Local Government Act 1993).
unmanaged designated high risk flood area means a designated high risk flood area other than a managed designated high risk flood area.
48   Exemptions relating to ring embankments around dwelling houses or certain farm infrastructure
A person is exempt from section 91D(1) of the Act if—
(a)  the person constructs or uses on the person’s land a flood work consisting of—
(i)  one or more ring embankments that enclose a dwelling house, shed or storage silo, or
(ii)  one or more partial ring embankments that, together with the slope of land, enclose a dwelling house, shed or storage silo, and
(b)  the area (or total area) enclosed does not exceed 2 hectares or 10% of the area of the person’s land, whichever is the lesser, and
(c)  the work is not situated in or on a place that is located within a designated high risk flood area.
49   Exemptions relating to certain public authorities
(1)  NSW Trains, Sydney Trains and the Residual Transport Corporation are exempt from section 91D(1) of the Act for the construction or use of a flood work for the purposes of a railway.
(2)  A roads authority for a public road (within the meaning of the Roads Act 1993) is exempt from section 91D(1) of the Act if it constructs or uses a flood work for the purposes of the public road.
50   Exemption relating to certain earthworks
A person is exempt from section 91D(1) of the Act if—
(a)  the person constructs or uses a flood work that consists of earthworks (including farm tracks and check banks) that are less than 150 millimetres above (but not below) the natural surface of the ground in or on which it is constructed or situated, and
(b)  the work is not situated in or on a place that is located within a designated high risk flood area.