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Contents (2018 - 480)
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Water Management (General) Regulation 2018
Current version for 7 February 2020 to date (accessed 10 April 2020 at 07:33)
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.