Division 2 Floodplains

166   Designation of floodplains

(1)  The Ministerial Corporation may, by order published in:

(a)  the Gazette, and

(b)  at least one newspaper published and circulating generally in the locality of the land to which the order relates,

      designate any land specified in the order as a floodplain.

(2)  An order under subsection (1) takes effect:

(a)  on the date of its first publication in the Gazette and a newspaper pursuant to subsection (1) or, where it is first published in the Gazette and a newspaper on different dates, the later of those dates, or

(b)  a date specified in the order in that regard,

      whichever is the later.

(3)  While an order under subsection (1) is in force, the Ministerial Corporation shall cause a map depicting the floodplain to which the order relates to be made available for public inspection at each of its offices, free of charge, during the ordinary office hours of the Ministerial Corporation.

166A   Floodplain management plans

(1)  The Ministerial Corporation may prepare and adopt a floodplain management plan for a floodplain or proposed floodplain.

(2)  A floodplain management plan is to set out a scheme for the management of flood waters within the floodplain.

(3)  A floodplain management plan is to accord with the general principles and policies set out in the relevant floodplain development manual.

(4)  Before adopting a floodplain management plan, the Ministerial Corporation:

(a)  is to give the public an opportunity to make submissions on the proposed plan in accordance with the procedure provided for by the relevant floodplain development manual, and

(b)  is to take those submissions into account.

(5)  The Ministerial Corporation is to consider the matters set out in section 166C before adopting a floodplain management plan.

(6)  After adopting a floodplain management plan, the Ministerial Corporation is required:

(a)  to give notice of the adoption of the plan in the Gazette and in a newspaper circulating in the area to which the plan relates, and

(b)  to ensure that copies of the floodplain management plan are available for public inspection, free of charge, at the office of the Ministerial Corporation for the region in which the floodplain is situated.

(7)  A floodplain management plan may be amended or revoked by the adoption of a new plan in accordance with this section.

(8)  In this section:

relevant floodplain development manual means the most recent manual relating to the management of flood liable land (being the manual most recently notified under section 733 (5) (a) of the Local Government Act 1993).

166B   Establishment of floodplain management committees

(1)  The Ministerial Corporation may establish a floodplain management committee in respect of a floodplain or proposed floodplain.

(2)  A floodplain management committee has the following functions:

(a)  assisting the Ministerial Corporation in the preparation of a floodplain management plan for the floodplain for which the committee is established,

(b)  monitoring and reviewing the floodplain management plan after it is adopted,

(c)  such other functions as may be conferred or imposed on it by the Ministerial Corporation.

(3)  The membership and procedure of a floodplain management committee are to be determined by the Ministerial Corporation.

(4)  The Ministerial Corporation is to ensure that appropriate stakeholders are represented on a floodplain management committee.