sec.8Designation of area liable to flooding

sec.8 Designation of area liable to flooding

A local government may in a planning scheme, temporary local planning instrument under the Planning Act or by resolution— designate all or part of its area as a flood hazard area; and declare the following matters for all or part of the designated flood hazard area— the defined flood level; the maximum flow velocity of water; an inactive flow or backwater area; a freeboard that is more than 300mm; the finished floor level of class 1 buildings built in all or part of the flood hazard area. The local government must, in designating a flood hazard area, comply with— a State planning policy; and if a temporary State planning policy is in effect when the designation is made—the temporary State planning policy to the extent it applies in relation to the designation. If the local government makes a designation or declaration under subsection (1) , the local government must state in the planning scheme, temporary local planning instrument under the Planning Act or resolution, that the designation or declaration is made under this section. QDC part 3.5 applies to the carrying out of particular building work carried out wholly or partly within a flood hazard area and a defined flood level is declared by a local government for the area. The local government must keep a register of— each flood hazard area designated by the local government; and the date each area was designated as a flood hazard area. For public access to the register see the Planning Act , section 264 and the Planning Regulation 2017 , schedule 22 . In this section— defined flood level means the level to which it is reasonably expected flood waters may rise. finished floor level means the level of the uppermost surface of a finished floor not including any floor covering. carpet, tiles freeboard means a height above the defined flood level that takes account of matters that may cause flood waters to rise above the defined flood level. wave action, localised hydraulic behaviour inactive flow or backwater area means all or part of a flood hazard area where the maximum flow velocity of water is not likely to be greater than 1.5m/s. maximum flow velocity of water , for all or part of a designated flood hazard area, means a flow velocity of water reasonably expected to be the maximum flow velocity of water for all or part of the area. State planning policy means a State planning policy under the Planning Act , other than a temporary State planning policy. temporary State planning policy see the Planning Act , section 12 . (sec.8-ssec.1) A local government may in a planning scheme, temporary local planning instrument under the Planning Act or by resolution— designate all or part of its area as a flood hazard area; and declare the following matters for all or part of the designated flood hazard area— the defined flood level; the maximum flow velocity of water; an inactive flow or backwater area; a freeboard that is more than 300mm; the finished floor level of class 1 buildings built in all or part of the flood hazard area. (sec.8-ssec.2) The local government must, in designating a flood hazard area, comply with— a State planning policy; and if a temporary State planning policy is in effect when the designation is made—the temporary State planning policy to the extent it applies in relation to the designation. (sec.8-ssec.3) If the local government makes a designation or declaration under subsection (1) , the local government must state in the planning scheme, temporary local planning instrument under the Planning Act or resolution, that the designation or declaration is made under this section. QDC part 3.5 applies to the carrying out of particular building work carried out wholly or partly within a flood hazard area and a defined flood level is declared by a local government for the area. (sec.8-ssec.4) The local government must keep a register of— each flood hazard area designated by the local government; and the date each area was designated as a flood hazard area. For public access to the register see the Planning Act , section 264 and the Planning Regulation 2017 , schedule 22 . (sec.8-ssec.5) In this section— defined flood level means the level to which it is reasonably expected flood waters may rise. finished floor level means the level of the uppermost surface of a finished floor not including any floor covering. carpet, tiles freeboard means a height above the defined flood level that takes account of matters that may cause flood waters to rise above the defined flood level. wave action, localised hydraulic behaviour inactive flow or backwater area means all or part of a flood hazard area where the maximum flow velocity of water is not likely to be greater than 1.5m/s. maximum flow velocity of water , for all or part of a designated flood hazard area, means a flow velocity of water reasonably expected to be the maximum flow velocity of water for all or part of the area. State planning policy means a State planning policy under the Planning Act , other than a temporary State planning policy. temporary State planning policy see the Planning Act , section 12 .