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.