240–252(Repealed)
Part 2 Hunter Valley flood mitigation works
This Part applies to and in respect of land in the Hunter Valley.
In this Part:Hunter-Central Rivers Catchment Management Authority means the Hunter-Central Rivers Catchment Management Authority established under the Catchment Management Authorities Act 2003.
Hunter River includes all tributaries that, directly or indirectly, flow into the Hunter River, and includes the estuary of the Hunter River and all arms and branches of that estuary.
Hunter Valley means the catchment area of the Hunter River, and includes the land shown on the plan marked “DWR PLA No 20/2551” deposited in the head office of the Department, and also includes such other land as is declared by the regulations to form part of the Hunter Valley.
levee bank means a levee bank designed or intended for the purpose of or that could or might have the effect of excluding or partially excluding the waters of the Hunter River or waters overflowing from the Hunter River from any land.
protective works means works for the protection of any works vested in or otherwise under the control of a public authority:
(a) against flooding by waters overflowing from the Hunter River, or(b) against the effects of any such flooding, or(c) against the effects of river bank erosion.tree includes sapling and shrub.
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.
257 Accounts to be kept in Special Deposits Account
There is to be established in the Special Deposits Account an account to be called the “Hunter Valley Flood Mitigation Account”.
(1) Within the Hunter Valley Flood Mitigation Account is to be kept an account to be called the “Hunter Valley Flood Mitigation Working Account”, in this Part referred to as the Working Account.(2) Any amount paid to the Minister by the Hunter-Central Rivers Catchment Management Authority is to be paid into the Working Account, from which account may be made, in such manner as the Treasurer determines, any payments that the Minister is required to make under or for the purposes of this Part.
(1) This section applies to all flood works that are constructed or maintained by the Minister, other than those for which the Hunter-Central Rivers Catchment Management Authority is liable to make contribution under some other provision of this Division.(2) The Hunter-Central Rivers Catchment Management Authority is liable to contribute one-quarter of the cost to the Minister of constructing and maintaining any flood work to which this section applies.
260 Cost of works to protect towns and villages
(1) This section applies to all flood works constructed or maintained by the Minister for the purpose of protecting a town or village from flooding, being works that have been constructed at the request or with the concurrence of the local council within whose area the town or village is situated.(2) Of the cost to the Minister of constructing and maintaining any flood work to which this section applies:(a) the local council is liable to contribute such percentage (not exceeding 12%) as the Minister may determine, and(b) the Hunter-Central Rivers Catchment Management Authority is liable to contribute one-quarter of the balance.
(1) Of the cost to the Minister of constructing and maintaining any protective works:(a) the public authority whose works are protected by the protective works is liable to contribute such percentage as the Minister may determine, and(b) the Hunter-Central Rivers Catchment Management Authority is liable to contribute one-quarter of the balance.(2) The Minister may pay to any public authority that constructs or maintains any protective works such amount as the Minister considers appropriate towards the cost to the public authority of so doing.(3) The Hunter-Central Rivers Catchment Management Authority is liable to pay to the Minister one-quarter of any amount paid to a public authority under subsection (2).
262 Annual contribution to works program by Hunter-Central Rivers Catchment Management Authority
(1) The Hunter-Central Rivers Catchment Management Authority is liable to pay to the Minister in each financial year:(a) one-quarter of the estimated cost of constructing any flood works that the Minister proposes to construct during that financial year, and(b) one-quarter of the estimated cost of maintaining any flood works that the Minister proposes to maintain during that financial year.(2) The following amounts are to be deducted from the estimated costs for the purpose of calculating the Hunter-Central Rivers Catchment Management Authority’s liability under this section:(a) any contribution to those costs for which a local council will be liable under this Division,(b) any amount that the Authority has paid to the Minister under this section during the previous financial year but that remained unexpended at the end of that year.(3) Any estimates are to be made by the Minister whose decision is final.
263 Consultation with Hunter-Central Rivers Catchment Management Authority as to works program
(1) Before the beginning of each financial year or as soon as practicable thereafter, the Minister must submit to the Hunter-Central Rivers Catchment Management Authority a program of the flood works that the Minister proposes to construct or maintain during that year.(2) Such a program must be consistent with any management plan that applies to the land on which the works or proposed works are situated.(3) Such a program must be accompanied by a statement setting out the following particulars:(a) the estimated cost of constructing any work,(b) the estimated annual cost of maintaining any work,(c) the amount for which the Hunter-Central Rivers Catchment Management Authority will be liable,(d) such other particulars as may be prescribed by the regulations.
264 Consultation with local council as to works program
(1) This section applies to all flood works constructed or maintained by the Minister for the purpose of protecting a town or village from flooding, being works that have been constructed at the request or with the concurrence of the local council within whose area the town or village is situated.(2) Before the beginning of each financial year or as soon as practicable thereafter, the Minister must submit to the local council concerned a program of the flood works that the Minister proposes to construct or maintain during that year.(3) Such a program must be consistent with any management plan that applies to the land on which the works or proposed works are situated.(4) Such a program must be accompanied by a statement setting out the following particulars:(a) the estimated cost of constructing any work,(b) the estimated annual cost of maintaining any work,(c) the percentage that the Minister has determined that the council should contribute to the cost of the construction and maintenance of the work,(d) the amount for which the council will be liable,(e) such other particulars as may be prescribed by the regulations.(5) Any estimates are to be made by the Minister whose decision is final.(6) When the work has been completed, the Minister must notify the local council of the actual cost of the work.(7) If the amount paid by the local council in respect of the work is more than the amount for which the council is liable, the Minister must repay to the council the amount of such excess.(8) If the amount paid by the local council in respect of the work is less than the amount for which the council is liable, the council must pay to the Minister the amount of the shortfall.(9) Any amount paid to the Minister by a local council under this section is to be paid into the Hunter Valley Flood Mitigation Working Account.
265 Payment of contribution towards maintenance by a local council
(1) A local council that is liable to contribute to the cost of maintenance of any flood work must pay to the Minister in each financial year the same percentage of the estimated cost of maintenance as the council is liable to contribute to the actual cost of maintenance of that work.(2) In calculating the local council’s liability under this subsection in respect of any financial year there is to be deducted any amount that the council has paid to the Minister in respect of any flood work during any previous financial year and that remained unexpended at the end of the immediately preceding financial year.(3) Any estimate is to be made by the Minister whose decision is final.
266 Consultation with local council as to maintenance program
(1) Before the beginning of each financial year, the Minister must furnish the local council with a statement setting out the following particulars:(a) the amount that the council will be liable to pay under this Division for that financial year,(b) such other particulars as may be prescribed by the regulations.(2) The local council must pay to the Minister the amount referred to in subsection (1) (a).(3) Any such amount is to be paid into the Hunter Valley Flood Mitigation Working Account.
(1) If in the opinion of the Minister it becomes necessary to carry out urgent maintenance on any flood work, the Minister may carry out the maintenance, despite maintenance not having been included in any program of works or any statement furnished to a local council.(2) When the maintenance has been completed, the Minister must determine the total amount paid in respect of such maintenance and notify any local council affected by the work and the Hunter-Central Rivers Catchment Management Authority of the respective amounts that they are required to contribute in accordance with this Division.(3) Any money paid to the Minister under this section is to be paid into the Hunter Valley Flood Mitigation Working Account.
Any amount that is payable to the Minister under this Division:(a) by the Hunter-Central Rivers Catchment Management Authority, or(b) by a local council, or(c) by any other public authority,is payable at such times, and in such instalments, as the Minister may determine.
269 Works to protect public and local government works to be approved by Minister
(1) A public authority must not construct any protective works unless the Minister has approved of the site, nature, dimensions and design of the works.(2) In giving approval, the Minister may require such amendment of the site, nature, dimensions or design of the protective works as the Minister considers necessary, and the public authority must comply with that requirement accordingly.(3) The Minister may by notice in writing require the public authority by which any protective works have been constructed to take specified measures for the proper upkeep, preservation and maintenance of the protective works.(4) The public authority must comply with the requirements specified in the notice in such manner and within such time as is so specified.(5) If a public authority fails to comply with the terms of the notice, the Minister:(a) may authorise any person to enter the land on which the protective works are located and carry out the measures specified in such notice, and(b) may recover any cost incurred in so doing from the public authority in any court of competent jurisdiction as a debt due to the Crown.
270 Major floodgates to be maintained and operated by local councils
(1) If in the opinion of the Minister any floodgate operates for the protection of lands other than lands owned by one landholder or a small localised group of landholders, the Minister may by notice in writing to the local council declare the floodgate to be a major floodgate.(2) It is the duty of the local council:(a) to keep any major floodgate at all times in a good and proper state of repair and working order, and(b) to maintain and operate it in accordance with any directions that may from time to time be given by the Minister.(3) If the local council fails to perform that duty, the Minister:(a) may authorise any person to enter the land on which the major floodgate is located and to take such measures as to the maintenance, operation or repair of the floodgate as the Minister considers necessary, and(b) may recover any cost incurred in so doing from the council in any court of competent jurisdiction as a debt due to the Crown.
271 Maintenance of minor floodgates
(1) In this section, minor floodgate means any floodgate that is not a major floodgate.(2) It is the duty of each landholder for the protection of whose land a minor floodgate operates to keep the floodgate at all times in a good and proper state of repair and working order.(3) If any such landholder fails to perform that duty, the Minister may by notice in writing direct the landholder to take such measures as to the maintenance, operation or repair of the floodgate as may be specified in the notice.(4) If any landholder fails to comply with the terms of the notice, the Minister:(a) may authorise any person to enter the land on which the minor floodgate is located and to take such measures as to the maintenance, operation or repair of the floodgate 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 to the Crown.(5) In the case of multiple landholders, the liability imposed on them under this section is joint and several but, as between themselves, each is liable only for such share of the liability as bears the same proportion to the total liability as the area of the person’s land for the protection of which the floodgate operates bears to the total area of land for the protection of which the floodgate operates.(6) If any landholder pays to the Minister more than the person’s share of the total liability the landholder may recover the excess by way of contribution from the others.
272 Application of Public Works Act 1912
Sections 91–95 of the Public Works Act 1912 do not apply to any works constructed under this Part.
If the Minister is empowered to recover any cost incurred in carrying out any work or measure, a certificate by the Minister of the amount of such cost is evidence of that cost.
Part 3 Lowbidgee flood control and irrigation works
This Part applies to and in respect of the Lowbidgee flood control and irrigation district, as constituted under Part 7 of the former Water Act 1912 immediately before the repeal of that Part.
In this Part:flood irrigation means the irrigation of lands by flooding with water diverted by gravitation or overflowing from a river or lake.
Lowbidgee district means the Lowbidgee flood control and irrigation district, as constituted under Part 7 of the former Water Act 1912 immediately before the repeal of that Part.
Lowbidgee works mean the works situated on the Murrumbidgee river, being works constructed, operated and maintained by the Minister for the purpose of providing flood control and flood irrigation to land within the Lowbidgee district.
(1) The Minister is authorised to operate the Lowbidgee works for the purpose of providing flood control and flood irrigation to land within the Lowbidgee district.(2) The control of works within the Lowbidgee district, the arrangements for distribution of water for flood irrigation, and the order of supply or diversion of water for flood irrigation are entirely under the control of the Minister.(3) In the exercise of any function under this Part, the Minister is not under any restraint nor is compensation payable to any person as a consequence of the flooding of the person’s land.(4) Nothing in this Part requires the Minister to provide flood irrigation to any land or person in the Lowbidgee district.
(1) The Minister must, in respect of each year commencing 1 July, fix the rate per hectare to be paid in respect of the lands within the Lowbidgee district:(a) for which provision for flood control and irrigation is made by the Lowbidgee works, or(b) for which provision for flood control and irrigation is made by the Lowbidgee works and by works of the landholder,and must in respect of each holding assess the total amount of such rate.(2) The rate so fixed and assessed must be levied and paid as prescribed.
(1) Rates for a particular holding commence to be payable on a date to be determined by the Minister, being a date that is not earlier than the date on which:(a) provision for flood control or irrigation, as the case may be, in respect of that holding is made by the Lowbidgee works, or(b) provision for flood control and irrigation is made by the Lowbidgee works and by works of the landholder.(2) If any land within the Lowbidgee district reverts to the Crown during any year in which rates are payable:(a) the landholder, as regards that land, is liable only for payment of such part of the rates as are proportionate to the portion of the year for which the land was held by the landholder, and(b) any excess payment by the landholder must be refunded to the landholder.(3) In the event of the Minister at any time finding an error in the assessment of a rate in respect of any holding or landholder through lack of knowledge of the name of the landholder, or the area or extent of the holding, or miscalculation, the Minister may at any time re-assess the rate in respect of any holding or landholder affected.
279 Benefit to be taken into account
(1) The rates in the Lowbidgee district may be determined or varied having regard to the benefit which, in the opinion of the Minister, is derived by the landholder of the land:(a) in respect of which works for flood control and irrigation have been provided, or(b) in respect of which provision for flood control and irrigation has been made by the Lowbidgee works and by works of the landholder.(2) The Minister may exempt from rating the lands which, without the provision of works for flood control and irrigation, would not be flooded at times of maximum floods.(3) The determination of the Minister as to whether and to what extent any lands would be so flooded is final.
The regulations may make provision for or with respect to the following matters:(a) the prevention of pollution of water conserved or distributed in the Lowbidgee works constructed or used under this Part, or flowing in rivers or within lakes affected by the Lowbidgee works constructed or used under this Part,(b) the prevention of injury to such the Lowbidgee works or any works used in connection with those works,(c) the diversion of water from rivers and lakes for flood irrigation and for the control of works provided for regulating flood irrigation,(d) the fixing, assessing and levying of rates,(e) the prevention of the waste of water,(f) the forms of notices to be given under this Part and the manner of and periods for giving such notices.