What it does: This Act maps Launceston's flood‑prone and levee‑related land, establishes the Launceston Flood Authority and gives the Authority and the Council powers to build, maintain and manage flood‑protection works, enter land, require actions in emergencies, refer planning matters, grant or refuse approvals, and enforce offences.
Who it affects and why it matters: Owners and occupiers in the mapped areas face entry, approval and compliance obligations and potential fines; planning authorities, the Council and the Authority make and review development decisions; the Crown and responsible officers have broad immunities (see ss14,15,17–20,27,32,35).
This Act establishes a statutory framework for flood-risk management in Launceston by creating roles, powers and duties for a Launceston Flood Authority, and allocating specific rights and duties to the Launceston City Council. Mechanically it does the following.
Defines the flood-prone area and levee-related land by schedules and gives the Minister power to replace those Schedules by order (s 3; s 4). Schedule 1 (the flood-prone area map) has been substituted by regulation (S.R. 2023 No. 4) (Schedule 1 note).
Establishes the Authority as the body with functions to reduce likelihood, severity and duration of flooding in the flood-prone area, including dredging, levee maintenance, redesign and augmentation and advisory functions to the Council (s 6(1)(a)-(d)). The Authority may exercise powers necessary or convenient to perform its functions (s 6(2)).
Provides an annual budget submission obligation: the Authority must give the Council a proposed budget and statement of reasons by 31 March each year (s 7).
Authorises the Authority to appoint authorised officers with identifying documents, and to delegate most powers (ss 8-9).
Grants the Authority specific powers on levee-related land to perform its functions, including entry and sampling powers, and to construct temporary structures on public land for levee construction or dredging; temporary works are expressly outside the Planning Act (ss 12, 14-16, 15(3)).
Creates a planning-referral and review regime: the Authority may issue planning interest notices and designate areas of development interest, which trigger procedural obligations on planning authorities for exhibitions and notification of discretionary applications, and a specific appeal route to the Tasmanian Civil and Administrative Tribunal / Appeal Tribunal (Part 3: ss 17-20). The Authority has statutory rights to be notified and to appeal in relation to flood-significant planning applications (ss 18(5)-(6); s 20(2)).
Current sections
Direct links to the current provisions in Launceston Flood Risk Management Act 2015.
This Act commences on the day on which this Act receives the Royal Assent.
3
Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
Agreement means the Launceston Flood Protection Scheme Agreement 1975 signed on 24 July 1975 under section 10 of the Launceston Flood Protection Act 1960 as then in force;
development has the same meaning as it has in the Planning Act;
discretionary permit means a permit to which section 57(1) of the Planning Act applies but does not include a permit to which section 43A of the Planning Act applies;
dredging means to remove, displace, or replace, by mechanical means, sediment present in a body of water;
flood-prone area means the area shown bounded by a thick black line on the map in Schedule 1 ;
flood protection works means all structures or works erected, constructed, or managed, by the Authority (or the Council) –
(a) so as to reduce the likelihood, severity or duration of flooding in the flood-prone area; or
flood-significant planning application means an application to a planning authority for –
(a) a discretionary permit in respect of land within an area of land that is determined under section 18 to be an area of development interest; or
(b) an amendment to a discretionary permit, granted under the Planning Act, in respect of land within an area of land that is determined under section 18 to be an area of development interest;
levee includes any apparatus, or structure, that is necessary or convenient for the functioning of a levee;
levee-related land means the areas of land, within the flood-prone area, that are –
(b) indicated generally, on the maps in Part 2 of Schedule 2 , as areas bounded by thick black lines;
Municipal Committee, for the municipal area of the Council, means the Municipal Committee established under the Emergency Management Act 2006 for the municipal area of the Council or for a combined area that includes that municipal area;
owner, in relation to land, includes every person who, jointly or severally, whether at law or in equity –
(a) is entitled to the land for any estate of freehold in possession; or
(b) is entitled to receive, or receives, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise;
planning authority has the same meaning as it has in the Planning Act;
planning instrument means –
(a) a planning scheme or special planning order; and
(b) an amendment to a planning scheme or special planning order;
planning interest notice means a notice, given under section 17(1) , that is in force;
planning scheme has the same meaning as it has in the Planning Act;
public land means –
(a) Crown land; and
(b) land that is owned by an instrumentality or agent of the Crown; and
(c) Council land;
Regional Controller means the Regional Controller, under the Emergency Management Act 2006 , for the region in which the flood-prone area is situated;
representation has the same meaning as it has in the Planning Act;
responsible person means –
(a) a member of the Authority; and
(b) an authorised officer; and
(c) a delegate of the Authority; and
(d) a delegate of the Council; and
(e) a person on whom a requirement is imposed under section 27 ; and
(f) a person authorised under section 14 to enter land; and
(g) a person authorised under the Local Government Act 1993 to enter land for a purpose related to enabling the Council to perform its functions, or exercise its powers, under this Act;
special planning order has the same meaning as it has in the Planning Act;
use has the same meaning as it has in the Planning Act.
4
Flood-prone areas and levee-related land
4 Flood-prone areas and levee-related land
(1) The Minister, by order, may repeal Schedule 1 and substitute for it a Schedule containing a map indicating that the area shown on the map is the flood-prone area.
(2) An area may only be shown, in a map contained in an order under subsection (1) , to be the flood-prone area if the area is the same as the area that is specified in the Authority Rules, as in force immediately before the order is made, to be the flood-prone area.
(3) The Minister, by order, may repeal Schedule 2 and substitute for it a Schedule that –
(a) in Part 1 of the Schedule, specifies the area, or areas, of land that are to comprise the levee-related land for the purposes of this Act; and
(b) indicates generally, on a map in Part 2 of the Schedule, that area or those areas.
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Part 2
Powers, Functions and Rights of Authority
Part 2 Powers, Functions and Rights of Authority
Division 1
Launceston Flood Authority
Division 1 Launceston Flood Authority
6
Powers and functions of Authority generally
6 Powers and functions of Authority generally
(1) Subject to this Act, the Authority has the following functions under this Act:
(a) to take action to reduce the likelihood, severity and duration of flooding in the flood-prone area, including (but not limited to including), if it thinks fit, dredging for such purposes;
(b) to provide advice to the Council as to whether levees, additional to any levee constructed before the commencement of this Act, may be required to reduce the likelihood, severity or duration of flooding in the flood-prone area;
(c) to take all reasonable steps to ensure that any levees constructed (whether before or after the commencement of this Act) for the purpose of preventing flooding in the flood-prone area –
(i) are maintained; and
(ii) are redesigned, or augmented, if it is desirable to do so in order to prevent, or to reduce the likelihood, severity or duration of, flooding in the flood-prone area;
(d) to provide to the Council information to assist the Council to determine the advice that ought to be given by the Council to members of the public about the risk of flooding in the flood-prone area;
(e) any other function specified in this Act.
(2) The Authority has the power to do all things necessary or convenient to be done in connection with the performance of its functions under this Act.
(3) Nothing in subsection (1) or (2) is to be taken to limit the functions or powers of the Authority under the Local Government Act 1993 or as set out in the Authority Rules.
(a) performing its functions, or exercising its powers, under this Act or under the Local Government Act 1993 ; or
(b) performing its functions, or exercising its powers, as set out in the Authority Rules –
outside the municipal area of the Council.
7
Estimate of costs of Authority to be provided to Council
7 Estimate of costs of Authority to be provided to Council
The Authority must submit to the Council, by 31 March in each year –
(a) a proposed budget setting out the amount of money, for the next financial year, that the Authority believes it requires in order to ensure the Authority may satisfactorily perform its functions and exercise its powers; and
(b) a statement specifying the reasons why the amount is necessary and adequate to ensure the Authority may satisfactorily perform its functions and exercise its powers.
8
Delegation by Authority
8 Delegation by Authority
The Authority may, in writing, delegate to an authorised officer or any other person any of its functions or powers under this Act or the Authority Rules, other than this power of delegation.
9
Authorised officers
9 Authorised officers
(1) The Authority may, in writing, appoint a person to be an authorised officer for the purposes of this Act.
(2) The Authority must issue an identifying document to a person who is appointed to be an authorised officer.
(3) An identifying document in relation to an authorised officer is –
(a) an identification card; or
(b) a document that enables the officer to identify himself or herself as an authorised officer to a member of the public.
(4) An identification card issued to an authorised officer is to contain a photograph of the officer.
(5) The Authority may, in writing, revoke the appointment of a person under subsection (1) .
(6) A person whose appointment as an authorised officer is revoked must return to the Authority his or her identifying document.
10
Rules in relation to Authority under Local Government Act 1993
10 Rules in relation to Authority under Local Government Act 1993
The Council may not, after the day on which this Act commences, make or amend under Division 4 of Part 3 of the Local Government Act 1993 a rule that applies or is to apply to the Authority, if the rule as made, or as so amended, would be inconsistent with a provision of this Act.
(2) The Council, in writing, may request the Minister to authorise under subsection (3) the winding up of the Authority.
(3) The Minister, in writing, may authorise the Council to wind up the Authority under section 37 of the Local Government Act 1993 , if the Minister has received under subsection (2) a request to do so.
(4) If the Minister issues an authorisation under subsection (3) , the Council, as soon as practicable, is to provide to the Minister –
(a) a reference in this Act (except in this section, in section 35 , and in the definitions of Authority, Authority Rules and flood protection works in section 3 ), or regulations made under this Act, to the Authority is to be taken to be a reference to the Council; and
(b) a reference in section 35 to the Authority is to be taken to include a reference to the Council; and
(e) a reference in Part 3 to a planning authority is not to be taken to include a reference to a planning authority that is the Council; and
(f) a reference in this Act to the Authority Rules ceases to be of effect; and
(g) despite paragraph (a) , a reference in section 15(2) to a structure constructed or erected by the Authority includes such a structure constructed or erected by the Authority (rather than the Council); and
(h) a notice (other than a notice under Part 3 in relation to the planning authority that is the Council), approval, authorisation or other instrument issued, or delegation or appointment made, by the Authority under this Act and still in force immediately before the day on which the Authority is wound up, is to be taken to have been issued, or made, respectively, by the Council under this Act.
Division 2
Powers and functions in relation to land
Division 2 Powers and functions in relation to land
12
Rights of Authority in relation to levee-related land
12 Rights of Authority in relation to levee-related land
(1) The Authority may, on the levee-related land, perform the functions and exercise the powers of the Authority under this Act, under the Local Government Act 1993 or as set out in the Authority Rules.
(2) Subsection (1) does not limit the area of land on which the Authority may perform the functions, and exercise the powers, of the Authority.
(3) Subsection (1) applies in relation to land that is levee-related land, whether or not the land is public land or other land.
13
Revocation of Authority's rights in relation to levee-related land
13 Revocation of Authority's rights in relation to levee-related land
(1) In this section –
levee-related functions or powers, in relation to the Authority, means –
(a) the functions of the Authority specified in section 6(1)(c) ; and
(b) other functions of the Authority, under this Act or the Authority Rules, in so far as the functions are necessary or convenient for the performance of the functions specified in section 6(1)(c) ; and
(c) the powers of the Authority, under this Act or the Authority Rules, in so far as the powers are necessary or convenient for the performance of the functions referred to in paragraph (a) or (b) .
(2) The Minister, by notice in writing to the Authority, may issue a show cause notice to the Authority.
(3) A show cause notice issued under subsection (2) is to –
(a) contain a statement that the Minister is of the opinion that the Authority is not performing or exercising its levee-related functions or powers in respect of –
(i) the levee-related land; or
(ii) the part of the levee-related land specified in the notice; and
(b) contain a statement that the Minister is considering issuing under subsection (6) a revocation notice in relation to the levee-related land, or the part of the land, declaring that the Authority may no longer perform or exercise its levee-related functions or powers in respect of the land or the part of the land; and
(c) invite the Authority to provide to the Minister the relevant information within a period, specified in the show cause notice, that is not less than 28 days after the show cause notice is issued.
(4) The Authority may, within the period specified in a show cause notice issued to the Authority under subsection (2) , provide to the Minister, in writing, the relevant information –
(a) in relation to the levee-related land; or
(b) if only part of the levee-related land is specified in the notice, in relation to that part.
(5) For the purposes of this section, the relevant information in relation to levee-related land, or a part of levee-related land, is –
(a) information as to the extent to which the Authority is performing or exercising its levee-related functions or powers in respect of the levee-related land or the part of the levee-related land; and
(b) reasons why the Minister should not issue a revocation notice under subsection (6) in respect of the levee-related land or the part of the levee-related land.
(6) The Minister, by notice in writing to the Authority, may issue to the Authority a revocation notice in relation to the levee-related land or a part of the levee-related land specified in the notice.
(7) The Minister may only issue a revocation notice in relation to the levee-related land, or a part of the levee-related land specified in the notice, if –
(a) the Minister has issued to the Authority a show cause notice under subsection (2) in respect of the land or the part of the land; and
(b) the period specified in the show cause notice has expired; and
(c) the Minister is, after considering the relevant information, if any, that may have been provided to the Minister under subsection (4) in relation to the land or the part of the land, of the opinion that –
(i) the Authority is not performing or exercising its levee-related functions or powers in respect of the land or the part of the land; and
(ii) there are no reasonable grounds for the Minister not to issue the notice.
(8) A revocation notice issued under subsection (6) is to declare that the Authority may no longer, except with the permission of the Minister, perform or exercise its levee-related functions or powers in respect of –
(a) the levee-related land; or
(b) the part of the levee-related land specified in the notice.
(9) Despite section 12 , if a revocation notice is issued under subsection (6) in relation to the levee-related land, or a part of the levee-related land specified in the notice, the Authority is not permitted to perform or exercise, in relation to the land, or the part of the land, respectively, its levee-related functions or powers.
14
Authority may authorise entry of land, &c.
14 Authority may authorise entry of land, &c.
(1) The Authority, in writing, may authorise persons to enter land for the purpose of performing a function, or exercising a power, of the Authority under this Act or the Authority Rules.
(2) A person authorised by the Authority under subsection (1) may enter public land for the purpose of performing a function, or exercising a power, of the Authority under this Act or the Authority Rules.
(3) A person authorised by the Authority under subsection (1) may, in accordance with this section, for the purpose of performing a function, or exercising a power, of the Authority under this Act or the Authority Rules, enter land, in the flood-prone area, that is not public land.
(4) A person may only enter land under subsection (3) if, at least 14 days before the entry, the occupier of the land, or, if there is no occupier, the owner of the land, is given notice in writing of the person's intention to enter the land.
(5) Notice is not required to be given under subsection (4) in relation to land if entry to the land by a person under subsection (3) is required because –
(a) a flood is imminent, or occurring, in the flood-prone area; or
(b) the Authority is of the opinion, on reasonable grounds, that any levees constructed (whether before or after the commencement of this Act) for the purpose of preventing flooding in the flood-prone area require urgent maintenance or repair.
(6) An authorised officer who enters land under subsection (3) must, at the request of an occupier of the land, show the identifying document issued to him or her under section 9(2) .
(7) A person who enters land under subsection (3) is not authorised to enter a building on the land except with the permission of the occupier of the land, or, if there is no occupier, the owner of the land.
(8) Permission is not required to be given under subsection (7) in relation to a building on land if –
(a) a flood is imminent, or occurring, in the flood-prone area; and
(b) entry to the building by a person under subsection (3) is required, for the purpose of performing a function, or exercising a power, of the Authority under this Act or the Authority Rules, because the flood is imminent, or occurring, in the flood-prone area.
(9) A person authorised by the Authority under this section to enter land may enter and cross over that land, so as to gain access to other land for a purpose for which the person is authorised under this section to enter land.
(10) The Authority, in writing, may revoke an authorisation of a person under subsection (1) .
15
Authority may construct temporary structures on land
15 Authority may construct temporary structures on land
(1) The Authority may construct or erect a temporary structure, including a road, on public land, so as to enable –
(a) the construction of a levee for the purpose of reducing the likelihood, severity or duration of flooding in the flood-prone area; or
(b) the repair or maintenance of a levee constructed for the purpose of reducing the likelihood, severity or duration of flooding in the flood-prone area; or
(c) dredging to be carried out under this Act by the Authority.
(2) If the Authority constructs or erects a temporary structure on land under this section the Authority must, as soon as practicable after the structure is no longer required for the purpose for which it was constructed or erected –
(a) remove the structure; and
(b) take reasonable steps to restore the land to the condition the land would have been in, but for the construction or erection of the structure.
(3) The Planning Act does not apply in relation to the construction or erection of a temporary structure under this section.
16
Power to take samples
16 Power to take samples
(1) The Authority may carry out tests, and take samples and photographs, for the purpose of performing a function, or exercising a power, of the Authority under this Act or the Authority Rules.
(2) A person authorised by the Authority under section 14(1) to enter land may, on that land, carry out tests, and take samples and photographs, for the purpose of performing a function, or exercising a power, of the Authority under this Act or the Authority Rules.
Part 3
Referral of Planning Matters to Authority
Part 3 Referral of Planning Matters to Authority
17
Referral to Authority of certain planning instruments
17 Referral to Authority of certain planning instruments
(1) The Authority, by notice in writing given to a planning authority (a planning interest notice), may determine that the municipal area in respect of the planning authority, or a part, of the municipal area, that is specified in the notice, is an area of planning interest to the Authority.
(2) The Authority may only determine that the municipal area, or a part of the municipal area, is an area of planning interest to the Authority for the purposes of subsection (1) if the Authority is reasonably of the opinion that a use or development in the municipal area, or part, respectively –
(a) could affect the likelihood, severity or duration of flooding occurring in the flood-prone area; or
(b) could be affected by flooding in the flood-prone area.
(3) A planning interest notice given to a planning authority under subsection (1) is to specify the requirements imposed on the planning authority under subsection (4) .
(4) A planning authority to which a planning interest notice is given under subsection (1) must, on or before the day on which the exhibition of a draft planning instrument, in respect of land within the area of land to which the notice relates, begins under the Planning Act, give a notice in writing to the Authority –
(a) notifying the Authority of the day on which the exhibition of the draft planning instrument is to begin; and
(b) inviting the Authority to make a representation under the Planning Act in relation to the draft planning instrument; and
(c) if the person who requested the draft planning instrument be prepared also requested under section 43A of the Planning Act that the planning authority consider an application for a permit – inviting the Authority to make a representation under the Planning Act in relation to any permit, relating to that application, that is or may be granted by the planning authority.
(5) The Authority is to give notice in writing to the Commission that a planning interest notice has been given under subsection (1) .
(6) If –
(a) the Commission grants or confirms a permit under section 43H of the Planning Act; and
(b) the permit relates to an application, of a kind referred to in section 43A of the Planning Act, in respect of land within an area of land to which a planning interest notice relates; and
(c) the permit as so granted or confirmed is not in accordance with a representation of the Authority made, in relation to the application, under the Planning Act –
the Commission must give to the Authority reasons in writing for granting or confirming a permit that is not in accordance with the representation.
(7) The Authority, by notice in writing given to a planning authority, may revoke a planning interest notice given to the planning authority under subsection (1) .
(8) The Authority is to give notice in writing to the Commission that a planning interest notice has been revoked under subsection (7) .
18
Referral to Authority of certain applications relating to discretionary planning permits
18 Referral to Authority of certain applications relating to discretionary planning permits
(1) The Authority, by notice in writing to a planning authority to which a planning interest notice has been given under section 17(1) , may determine that an area of land, specified in the notice, is an area of development interest to the Authority.
(2) The Authority may only specify an area of land in a notice given to a planning authority under subsection (1) if –
(a) the area of land is within the municipal area of the planning authority; and
(b) the area of land is within an area to which a planning interest notice relates; and
(c) the Authority is reasonably of the opinion that a use or development in the area of land –
(i) could affect the likelihood, severity or duration of flooding occurring in the flood-prone area; or
(ii) could be affected by flooding in the flood-prone area.
(4) A planning authority must not determine a flood-significant planning application by –
(a) granting a discretionary permit; or
(b) amending a discretionary permit to which the application relates –
unless the planning authority has complied with the notification requirements in relation to the flood-significant planning application.
(5) The notification requirements in relation to a flood-significant planning application are that the planning authority must, as soon as practicable, but in any case within 14 days, after the day on which notice of the application is given under section 57(3) of the Planning Act –
(a) give to the Authority a copy of the application; and
(b) issue a notice to the Authority inviting the Authority to make under the Planning Act a representation in relation to the application.
(6) If a planning authority determines under the Planning Act a flood-significant planning application by –
(a) granting a discretionary permit; or
(b) amending a discretionary permit to which the application relates –
the planning authority must, within 7 days, give written notice to the Authority that the Authority is entitled under section 20(2) to appeal to the Appeal Tribunal against the decision.
(7) A planning authority that determines a flood-significant planning application otherwise than in accordance with a representation of the Authority made, under the Planning Act, in relation to the application, must, together with the notice under subsection (6) , give to the Authority reasons in writing for so doing.
(8) The Authority, by notice in writing to a planning authority, may revoke a notice given to the planning authority under subsection (1) .
19
Referral to Authority of applications for special permits
19 Referral to Authority of applications for special permits
(1) A planning authority must give notice in writing to the Authority if –
(a) a project of regional significance is declared under section 60G of the Planning Act; and
(b) the project is to be situated within an area of land, to which a planning interest notice relates, that is within the planning authority's municipal area.
(a) be given within 14 days after the project of regional significance is declared under section 60G of the Planning Act; and
(b) invite the Authority to make a representation under the Planning Act in relation to the project.
(3) A Panel that, otherwise than in accordance with a representation of the Authority in relation to a project, decides under section 60T of the Planning Act to grant a special permit in relation to the project, must give to the Authority reasons in writing for so doing.
20
Appeals to Appeal Tribunal
20 Appeals to Appeal Tribunal
(1) In this section –
relevant use or development means –
(a) a use or development on land in the flood-prone area; or
(b) a use or development on land, outside the flood-prone area, which use or development –
(i) is likely to increase the likelihood, severity or duration of a flood occurring in the flood-prone area; or
(ii) may, if a flood occurs in the flood-prone area, increase –
(a) the potential risk of, or the potential scale of, loss of human life in the flood-prone area; or
(b) the potential risk of, or the potential scale of, injury to persons in the flood-prone area; or
(c) the potential risk of, or the potential scale of, damage to, or loss of property in, the flood-prone area.
(2) Even though the Authority has not made under the Planning Act a representation in relation to a flood-significant planning application, the Authority may, by virtue of this subsection, appeal under section 61(5) of that Act to the Appeal Tribunal as if –
(a) the Authority had made a representation in relation to the application; and
(b) the notice given to the Authority under section 18(6) of this Act were a notice served on the Authority under section 57(7) of the Planning Act.
Council Responsibilities in Relation to Levee-related Land
Part 4 Council Responsibilities in Relation to Levee-related Land
21
Rights of Council in relation to levee-related land
21 Rights of Council in relation to levee-related land
(1) The Council may use or develop, for purposes that –
(a) increase the amenity of the part of the land; or
(b) enable the part of the land to be used, or to continue to be used, for community or recreational purposes –
any part of the levee-related land that is public land.
(2) The Council has the powers necessary for the performance of the functions specified in subsection (1) .
(3) A use or development of part of the levee-related land may only be made by the Council under subsection (1) in so far as that development or use will not –
(a) prevent or impede the performance or exercise by the Authority, on the part of the land, of the Authority's functions or powers under this Act or the Authority Rules; or
(b) reduce the effectiveness, during a flood, of levees constructed or maintained under this Act; or
(c) significantly alter, in a manner that may increase the severity or duration of a flood in the flood-prone area, the drainage characteristics of the flood plain in which the levee-related land is situated (whether or not all of the flood plain is within the levee-related land).
(4) The Council may, on the levee-related land, perform and exercise the functions and powers of the Council under any other section of this Act.
(5) Subsection (4) does not limit the area of land on which the Council may perform and exercise the functions and powers of the Council under any other section of this Act.
(6) Nothing in this section is to be taken to limit the application of the Planning Act in relation to the levee-related land.
22
Minister may issue to Council show cause notice in relation to levee-related land
22 Minister may issue to Council show cause notice in relation to levee-related land
(1) The Minister, by notice in writing to the Council, may issue a show cause notice to the Council.
(2) A show cause notice issued under subsection (1) is to –
(a) contain a statement for the purposes of subsection (3) or (4) ; and
(b) contain a statement that the Minister is considering issuing a notice to cease, or a notice of revocation, under section 23 ; and
(c) invite the Council to provide to the Minister the relevant information within a period, specified in the show cause notice, that is not less than 28 days after the show cause notice is issued.
(3) A show cause notice issued under subsection (1) may contain a statement that the Minister is of the opinion that the Council is using or developing –
(a) for a purpose other than a purpose specified in section 21 ; or
(b) for commercial purposes; or
(c) otherwise than in accordance with section 21(3) –
a part, of the levee-related land, specified in the notice, that is either Crown land or land that is owned by an instrumentality or agent of the Crown.
(4) A show cause notice issued under subsection (1) may contain a statement that the Crown intends to resume, for the reasons, or the purposes, specified in the notice, responsibility for a part, of the levee-related land, that is specified in the notice and that is either Crown land or land that is owned by an instrumentality or agent of the Crown.
(5) The Council may, within the period specified in accordance with subsection (2)(c) in a show cause notice issued under subsection (1) , provide to the Minister, in writing, the relevant information in relation to the part of the levee-related land that is specified in the notice.
(6) For the purposes of this section, the relevant information in relation to a part of levee-related land that is specified in a show cause notice is –
(a) information as to the manner in which the Council is using or developing the part of the land; and
(b) reasons why the Minister should not issue, in respect of the part of the land, a notice to cease, or a notice of revocation, under section 23 .
(7) The Minister, by notice in writing to the Council, may revoke a show cause notice issued under subsection (1) to the Council.
23
Notices to cease and of revocation of rights of Council in relation to levee-related land
23 Notices to cease and of revocation of rights of Council in relation to levee-related land
(1) The Minister, by notice in writing to the Council, may issue a notice to cease in relation to a part, of the levee-related land, that is specified in the notice and that is either Crown land or land that is owned by an instrumentality or agent of the Crown.
(2) The Minister may only issue under subsection (1) a notice in relation to a part of the levee-related land specified in the notice if –
(a) the Minister has issued to the Council a show cause notice under section 22(1) in relation to the part of the land; and
(b) the show cause notice contains a statement of the kind referred to in section 22(3) ; and
(c) the period specified, in accordance with section 22(2)(c) , in the show cause notice has expired; and
(d) after considering the relevant information, if any, that may have been provided to the Minister under section 22(5) in relation to the part of the land, the Minister holds the relevant opinion in relation to the part of the land.
(3) For the purposes of subsection (2)(d) , the Minister holds the relevant opinion in relation to a part of land if the Minister is of the opinion that the Council is using or developing the part of the land –
(a) other than for a purpose specified in section 21 ; or
(b) for commercial purposes; or
(c) otherwise than in accordance with section 21(3) –
and the Minister is of the opinion that there are no reasonable grounds for the Minister not to issue the notice.
(4) A notice to cease issued under subsection (1) is to declare that the Council must cease, except with the permission of the Minister, to use, or to develop, in the manner specified in the notice, the part, of the levee-related land, that is specified in the notice.
(5) The Council must comply with a notice to cease issued under subsection (1) in relation to a part, of the levee-related land, that is specified in the notice.
(6) The Minister, by notice in writing to the Council, may issue a notice of revocation in relation to a part, of the levee-related land, that is specified in the notice.
(7) The Minister may only issue a notice of revocation in relation to a part, of the levee-related land, that is specified in the notice, if –
(a) the Minister has issued to the Council a show cause notice under section 22(1) in relation to the part of the land; and
(b) the show cause notice contains a statement of the kind referred to in section 22(4) ; and
(c) the period specified, in accordance with section 22(2)(c) , in the show cause notice has expired; and
(d) the Minister is, after considering the relevant information, if any, that may have been provided to the Minister under section 22(5) in relation to the part of the land, of the opinion that the Crown ought to resume responsibility for the part of the land, for a reason, or a purpose, specified in the show cause notice.
(8) If a notice of revocation is issued under subsection (6) , section 21 ceases to apply to the part of the levee-related land specified in the notice.
24
By-laws
24 By-laws
(1) The Council may, under section 145 of the Local Government Act 1993 , make by-laws in respect of the control, maintenance, protection, supervision, and use, of –
(a) the levee-related land; and
(b) any works the management of which has been transferred to the Council by virtue of any agreement made under section 10 of the Launceston Flood Protection Act 1960; and
(c) any land that, by virtue of such an agreement, has been transferred to the Council; and
(d) any land that is –
(i) situated within the flood plain in which the levee-related land is situated (whether or not all of the flood plain is within the levee-related land); and
(ii) land in respect of which any estate or interest is vested in the Crown, the Authority or any body established by or under any enactment.
(2) A by-law may not be made in accordance with subsection (1) in respect of any land referred to in subsection (1)(d) except with the approval either of –
(a) the Minister; or
(b) each of the bodies (including the Authority), established by or under any enactment, in which an estate or interest in that land is vested.
25
Infringement notices
25 Infringement notices
(1) In this section –
infringement offence means –
(a) an offence against this Act; or
(b) an offence against the regulations that is prescribed.
(2) The Council may authorise a person to issue and serve infringement notices for the purposes of this Act.
(3) A person authorised by the Council under subsection (2) may issue and serve an infringement notice on a person if he or she reasonably believes that the person has committed an infringement offence.
(4) An infringement notice may not be served on an individual who has not attained the age of 16 years.
(6) The penalty payable under an infringement notice in respect of an infringement offence consisting of an offence against this Act is 20 penalty units.
(7) The regulations –
(a) may prescribe, for an infringement offence that consists of an offence against the regulations, the penalty payable under an infringement notice in respect of the offence; and
(b) may prescribe different such penalties for bodies corporate and individuals.
(8) The penalty prescribed under subsection (7) for an infringement offence is not to exceed 20% of the maximum penalty that could be imposed on an individual by a court in respect of the offence.
(9) Nothing in this section is to be taken to limit the powers of the Council to issue infringement notices under the Local Government Act 1993 in relation to by-laws made pursuant to section 24 of this Act.
Part 5
Emergency Management
Part 5 Emergency Management
26
Municipal Committee to consult with Authority
26 Municipal Committee to consult with Authority
The Municipal Committee for the municipal area of the Council is to consult with the Authority before formulating any plan the Municipal Committee is required to prepare, or assist in the preparation of, for the purposes of the Emergency Management Act 2006 , in relation to potential flooding in the flood-prone area.
27
Powers of Council in event of flood or imminent flood
27 Powers of Council in event of flood or imminent flood
(1) If a flood is occurring, or is imminent, in the flood-prone area, the Council may exercise any of the following powers:
(a) take the actions necessary to close any drains, or drainage outlets, that drain water into the flood-prone area;
(b) open, close, or erect and close, flood gates, penstocks or similar objects and keep them open or closed as long as is necessary;
(c) if the Authority has opened, in the flood-prone area, flood gates, penstocks or similar objects, direct the Authority to close them and keep them closed for as long as the Council considers necessary;
(d) if flood gates, penstocks, or similar objects, in the flood-prone area are closed, direct the Authority to open them and keep them open for as long as the Council considers necessary;
(e) close, and keep closed for the period the Council thinks fit, or direct the Authority to close, and keep closed for the period the Council thinks fit, any temporary gaps in a levee in the flood-prone area;
(f) close any highway or railway line across, over or under which any levee is constructed;
(g) take action, including (but not limited to including), if it thinks fit, dredging, to assist flood waters from the flood-prone area to drain more effectively from the area;
(h) take action, including (but not limited to including), if it thinks fit, dredging, to mitigate the effect of a flood that is occurring, or is imminent, in the flood-prone area.
(2) If a flood is occurring, or is imminent, in the flood-prone area, the Council may construct or erect on land a temporary structure, including roads, for any of the following purposes:
(a) to enable the taking of any other action under this section;
(b) the prevention of an imminent flood in the flood-prone area;
(c) the mitigation of the effect of a flood that is occurring, or is imminent, in the flood-prone area;
(d) to rescue persons or to protect property in the event of a flood that is occurring, or is imminent, in the flood-prone area.
(3) If a flood is occurring, or is imminent, in the flood-prone area, the Council may require a person who owns or is apparently in charge of premises to take, in relation to the premises, action, specified in the requirement, to minimise the risk of aggravating the flood or the effect of the flood in the area.
(4) If a flood is occurring, or is imminent, in the flood-prone area, the Council may require a person to provide to the Council the assistance the Council thinks fit to perform the functions, or exercise the powers, of the Council in the flood-prone area.
(5) If a flood is occurring, or is imminent, in the flood-prone area, the Council may require the Authority to perform a function, or exercise a power, of the Authority under this Act or the Authority Rules, for the purpose of assisting the Council to perform the functions, or exercise the powers, of the Council in the flood-prone area.
(6) The Authority must comply with a direction given to it under subsection (1)(c) , (d) or (e) or a requirement imposed on it under subsection (5) .
(7) The Planning Act does not apply in relation to the construction or erection of a flood gate, penstock or other structure under this section.
(8) If the Council constructs or erects a temporary structure on land under this section, the Council must, as soon as practicable after the structure is no longer required for the purpose for which it was constructed or erected –
(a) remove the structure; and
(b) take reasonable steps to restore the land to the condition that the land would have been in but for the construction or erection of the structure, but taking into account the effect of any flood on the land.
28
Officers under Emergency Management Act 2006 may issue directions to Council
28 Officers under Emergency Management Act 2006 may issue directions to Council
(1) The State Controller or the Regional Controller may, whether or not a state of emergency has been declared under the Emergency Management Act 2006 in relation to flooding, or imminent flooding, in the flood-prone area –
(a) direct the Council to exercise, or to cease to exercise, a power under section 27 ; or
(b) direct the Authority –
(i) to perform a function or to exercise a power; or
(ii) to cease to perform a function or exercise a power –
(2) The Council, the Authority, and any responsible person acting on behalf of the Council or the Authority, must comply with a direction given under subsection (1) .
29
Council to keep Regional Controller informed
29 Council to keep Regional Controller informed
The Council must, if a flood is occurring, or is imminent, in the flood-prone area, take all reasonable steps to keep the Regional Controller informed of all actions taken by –
Offences related to emergencies or hindering Authority, &c.
31 Offences related to emergencies or hindering Authority, &c.
(1) A person must not, without reasonable excuse, fail to comply with a requirement imposed on the person under section 27(3) or (4) .
Penalty: Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.
(2) A person must not –
(a) assault, resist, impede or obstruct; or
(b) use threatening, abusive or insulting language in relation to; or
(c) knowingly provide false or misleading information to; or
(d) impersonate –
a responsible person who is performing or exercising a power or function conferred or imposed on the responsible person under this Act or who is acting in accordance with a requirement imposed on the responsible person under section 27(3) or (4) .
Penalty: Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.
(3) A responsible person who reasonably believes that a person is committing, or has committed, an offence against this Act or the regulations may require the person to state the person's name and address.
(4) A person must not, without reasonable excuse, fail to comply with a requirement imposed on the person under subsection (3) .
Penalty: Fine not exceeding 10 penalty units.
32
Offences in relation to flood protection works
32 Offences in relation to flood protection works
(1) A person must not remove, damage or destroy any part of flood protection works.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.
(2) A person must not, except in accordance with an approval issued by the Authority, excavate or change the level or topography of any part of land that constitutes flood protection works or on which flood protection works are situated.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.
(3) A person must not, except in accordance with an approval issued by the Authority, erect a building or structure on or over any part of flood protection works.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.
(4) A person must not interfere with the operation of, the flow of water over or through, or the operation of any valves or gates of, flood protection works.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.
(5) A person must not obstruct any access to flood protection works.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.
(6) A person must not, except in accordance with an approval issued by the Authority –
(a) construct any road or access way through or over; or
(b) put a conduit or cable through or under; or
(c) plant a tree or other vegetation on –
any flood protection works.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.
(7) Nothing in this section is to be taken to limit the application of the Planning Act to and in relation to land that constitutes flood protection works or on which flood protection works are situated.
33
Defence
33 Defence
It is a defence to a charge of committing an offence against a provision of this Act by taking an action if the person charged establishes that the taking of the action was –
(a) authorised under this Act; or
(b) in accordance with a direction, or a requirement, issued to or imposed on the person under this Act or the Emergency Management Act 2006 .
34
Approvals to carry out actions
34 Approvals to carry out actions
(1) A person may, in a form approved by the Authority, apply to the Authority for the issue of an approval to carry out an activity for which an approval is required under section 32 .
(2) The Authority may issue, or refuse to issue, an approval for which an application was made under subsection (1) .
(3) An approval may be issued under subsection (2) on the conditions the Authority thinks fit and specifies on the approval.
Part 7
Concluding Provisions
Part 7 Concluding Provisions
35
Immunities
35 Immunities
(1) Despite any other provision of this Act or any other Act, no action or proceeding, including any action or proceeding in tort, contract or for breach of statutory duty, lies against the Authority or the Council for any injury, damage or loss of any kind that may be suffered by a person, directly or indirectly, as a result of –
(a) the diversion of any waters, the alteration of the flow of any waters, and the accumulation of any waters, which diversion, alteration or accumulation arises from or is related to –
(i) the construction or maintenance of any structure or works authorised by this Act, the Launceston Flood Protection Act 1960, the Launceston Flood Protection Act 1977 or the Agreement; or
(ii) any dredging carried out under this Act; or
(iii) a failure to construct or maintain such a structure or works or a failure to carry out any such dredging; or
(b) the performance or exercise, or the purported performance or exercise, of the functions or powers of the Authority, in relation to reducing the likelihood, severity or duration of flooding, under this Act, the Local Government Act 1993 , any other Act or the Authority Rules, or a failure to perform or exercise such a function or power; or
(c) the taking of action under section 16 or a failure to take such action; or
(d) an act done, by a person on whom a requirement is imposed under section 27(3) or (4) , in accordance with, or as a result of, the requirement; or
(e) a failure of a person on whom a requirement is imposed under section 27(3) or (4) to do an act in accordance with, or as a result of, the requirement; or
(f) an act, done by or on behalf of the Authority, in accordance with, or as a result of –
(ii) a requirement imposed on the Authority under section 27(5) ; or
(h) the performance or exercise, or the purported performance or exercise, of the functions or powers of the Authority under the Agreement before the Agreement terminated, or a failure to perform or exercise such a function or power; or
(i) the performance or exercise, or the purported performance or exercise, of a function or power of the Council under Part 5 , or a failure to perform or exercise such a function or power.
(2) Despite any other provision of this Act or any other Act (including the Emergency Management Act 2006 ), no action or proceeding, including any action or proceeding in tort, contract or for breach of statutory duty, lies against the Crown for any injury, damage or loss of any kind that may be suffered by a person, directly or indirectly, as a result of –
(a) flooding in the flood-prone area; or
(b) anything done, or not done, by the Authority, the Council or a responsible person (or ordered by the Authority or the Council to be done or not to be done) –
(i) to prevent, or mitigate the effect of, a flood that was occurring, or was imminent, in the flood-prone area; or
(ii) because flooding in the flood-prone area was imminent or was occurring; or
(c) any failure –
(i) by the Authority, the Council or a responsible person to do, or to not do, an act, or to give an order, for a purpose referred to in paragraph (b) ; or
(ii) by a person to carry out an order referred to in paragraph (b) ; or
(d) the taking of action under section 16 or a failure to take such action; or
(e) anything done, or not done, by the Authority, the Council or a responsible person (or ordered by the Authority or the Council to be done or not to be done), in the performance or exercise, or the purported performance or exercise, of a function or power of the Council or Authority under this Act or the Authority Rules; or
(f) any failure by the Authority, the Council or a responsible person –
(i) to do, or to not do, an act in the performance or exercise, or the purported performance or exercise, by the Council or the Authority of a function or power of the Council or Authority under this Act or the Authority Rules; or
(ii) to order an act to be done or not done; or
(g) the performance or exercise, or the purported performance or exercise, of the functions or powers of the Authority under the Agreement before the Agreement terminated, or a failure to perform or exercise such a function or power; or
(h) anything done, or not done, under this Act by the State Controller or the Regional Controller (or ordered by the State Controller or the Regional Controller to be done or not to be done under this Act) –
(i) to prevent, or mitigate the effect of, flooding that was imminent, or was occurring, in the flood-prone area; or
(ii) because flooding in the flood-prone area was imminent or was occurring; or
(i) any failure by the State Controller or the Regional Controller –
(i) to do an act, or to not do an act, for a purpose referred to in paragraph (h) ; or
(ii) to order, for a purpose referred to in paragraph (h) , an act to be done or not to be done; or
(j) anything done or not done, or ordered to be done or not to be done, by an employee or agent of the Crown in good faith –
(i) to prevent, or mitigate the effect of, flooding that was imminent, or was occurring, in the flood-prone area; or
(ii) because flooding in the flood-prone area was imminent or was occurring –
or any failure, in good faith, by an employee or agent of the Crown –
(iii) to do, or not to do, anything for a reason referred to in subparagraph (i) or (ii) ; or
(iv) to order, for a reason referred to in subparagraph (i) or (ii) , anything to be done or not to be done; or
(k) any failure by the Crown to comply with the Agreement before or after the Agreement terminated; or
(l) any action taken by the Council under section 21 or any failure by the Council to take action under that section.
(3) A responsible person is not personally liable for an act or omission done or made in good faith by him or her in the performance or exercise, or the purported performance or exercise, of a function or power of the Authority, the Council, or the responsible person, under –
(a) this Act; or
(b) the Authority Rules; or
(c) the Agreement before it terminated.
(4) A responsible person is not personally liable for an act or omission done or made in good faith by him or her in accordance with, or as a result of –
(b) a requirement imposed on him or her or the Authority under section 27 ; or
(c) taking or failing to take an action under section 16 .
(5) An employee or agent of the Crown is not personally liable for –
(a) anything done or not done, or ordered to be done or not to be done, by an employee or agent of the Crown in good faith –
(i) to prevent flooding in the flood-prone area or to mitigate the effect of flooding that was imminent, or was occurring, in the flood-prone area; or
(ii) because flooding in the flood-prone area was imminent or was occurring; or
(b) an act or omission done or made in good faith by him or her in the performance or exercise, or the purported performance or exercise, of a function or power under this Act or the Agreement.
(6) The State Controller or the Regional Controller is not personally liable for an act or omission done or made in good faith by him or her in the performance or exercise, or the purported performance or exercise, of a function or power under this Act.
(7) This section applies whether a cause of action arises before or after the commencement of this section.
36
Regulations
36 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(3) The regulations may –
(a) provide that a contravention of any of the regulations is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units.
(4) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Authority or the Council.
(a) the administration of this Act is assigned to the Minister for Planning and Local Government; and
(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Primary Industries, Parks, Water and Environment.
38
Legislation repealed
38 Legislation repealed
The legislation specified in Schedule 3 is repealed.
SCHEDULE 1 - Flood-prone Area
SCHEDULE 1 - Flood-prone Area
SCHEDULE 1 - Flood-prone Area SCHEDULE 1 - Flood-prone Area
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Launceston Flood Risk Management Act 2015 .
2 Commencement
2 Commencement
This Act commences on the day on which this Act receives the Royal Assent.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
Agreement means the Launceston Flood Protection Scheme Agreement 1975 signed on 24 July 1975 under section 10 of the Launceston Flood Protection Act 1960 as then in force;
[Section 3 Amended by No. 18 of 2021, s. 233, Applied:05 Nov 2021]
[Section 3 Amended by No. 18 of 2021, s. 233, Applied:05 Nov 2021]Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal;
authorised officer means a person appointed under section 9 to be an authorised officer;
Authority means the Launceston Flood Authority established by the Council under section 30 of the Local Government Act 1993 ;
Authority Rules means the rules, as in force from time to time, that are made in relation to the Authority under Division 4 of Part 3 of the Local Government Act 1993 ;
Commission has the same meaning as it has in the Planning Act;
Council means the Launceston City Council;
Council land means land owned by the Council;
Crown land has the same meaning as it has in the ;
Allocates rights and limits to the Council in relation to levee-related land, including permissive community or recreational development of public levee land subject to conditions protecting the Authority’s functions and the levee’s effectiveness (s 21). The Minister has powers to issue show cause notices, notices to cease, and notices of revocation concerning use or management of levee-related land and may resume Crown responsibility in specified cases (ss 22-23).
Confers emergency powers on Council in a flood or imminent flood, including closing drains, operating flood gates, dredging and constructing temporary structures; the State Controller or Regional Controller may direct Council or the Authority and those directions must be complied with (ss 27-29).
Establishes criminal and infringement offences for obstruction, interference with flood protection works, failure to comply with emergency requirements, and provides immunity and non‑liability for the Authority, Council and Crown in a wide set of circumstances (ss 31-36; s 35).
The Act binds the Crown (s 5), assigns administration initially to the Minister for Planning and Local Government and the Department of Primary Industries, Parks, Water and Environment (s 37), and repeals prior Launceston flood legislation specified in Schedule 3 (s 38; Schedule 3).
Main concepts
The Act organises flood-risk governance around a set of interlocking statutory concepts.
Flood-prone area and levee-related land. The statutory map in Schedule 1 defines the flood-prone area and Schedule 2 identifies levee-related land (s 3 definitions; s 4). The Minister can replace those Schedules by order but only to replicate the Authority Rules’ description of the flood-prone area as previously in force (s 4(1)-(2)). Maps are statutory instruments (s 4(4)).
The Authority. The Authority is the primary operational body for flood protection works and related functions. Its statutory functions are specific and operational: to reduce flood likelihood/severity/duration, advise Council about levees, maintain and redesign levees, and provide public-risk information to the Council (s 6(1)(a)-(d)). The Authority may exercise ancillary powers necessary or convenient to its functions (s 6(2)). The Authority’s powers under this Act operate alongside its Local Government Act functions and Authority Rules (s 6(3)). The Council may not make Authority rules inconsistent with this Act (s 10).
Levee-related functions and land. "Levee-related land" is a mapped subset within the flood-prone area (s 3 definitions; Sch 2). On levee-related land the Authority has explicit statutory primacy to perform its functions (s 12). The Minister can revoke the Authority’s levee-related functions in relation to specified land after a show cause process (s 13).
Interaction with planning. The Act creates a statutory referral and participation pathway into land-use planning decisions. The Authority can issue planning interest notices and designate areas of development interest (s 17; s 18). For discretionary permits within an area of development interest planning authorities must follow specified notification steps and cannot determine the permit until those notification requirements are complied with (s 18(4)-(5)). The Authority has an express appeal route to the Appeal Tribunal in relation to flood-significant planning applications (s 20(2)-(3)), and planning authorities must provide written reasons if they depart from Authority representations (s 17(6); s 18(7)).
Entry, works and approvals. The Authority may authorise entry to public land and to private land within the flood-prone area subject to notice requirements (s 14). It may construct temporary structures on public land for levee construction, maintenance or dredging, and is exempt from planning regulation for such temporary works (s 15(1), (3)). The Authority and the Council have powers to sample, test and photograph land as part of their functions (s 16).
Emergency powers and directions. The Council may exercise wide powers during a flood or imminent flood, including closing drains, operating or directing operation of flood gates and penstocks, directing the Authority to act, dredging, and constructing temporary works (s 27). The State Controller or Regional Controller may direct Council and the Authority and those directions are binding (s 28(1)-(2)). The Council has an obligation to keep the Regional Controller informed of actions during a flood event (s 29).
Offences and enforcement. The Act creates criminal offences for non-compliance with emergency requirements, obstruction, interference with flood protection works, and permits an infringement-notice regime administered by the Council (ss 31-32; s 25). Approvals are required for specified activities on flood protection works and the Authority controls that approvals regime (s 34).
Immunities and non-liability. The Act grants wide immunities to the Authority, the Council, responsible persons and the Crown for injury, damage or loss arising from specified flood-related activities or omissions, including acts done by employees or agents in good faith and actions taken under directions from emergency controllers (s 35).
These concepts create a governance architecture that places operational flood protection functions in the Authority, embeds planning‑stage referral and appeal rights, reserves emergency control to the Council subject to State/Regional Controller directions, and provides protective immunities to public actors.
Who it affects
The Act assigns rights, duties and constraints across a set of specific actors and property interests. The following groups are directly affected.
The Launceston Flood Authority. The Authority bears primary operational responsibility for flood protection works and related functions (s 6). It can appoint authorised officers (s 9), delegate functions (s 8), enter levee-related land and private land in the flood-prone area with notice in most circumstances (s 14), construct temporary structures on public land (s 15), take samples (s 16), issue planning interest notices and designate areas of development interest (ss 17-18), and is entitled to procedural rights and appeal rights in planning matters (ss 18-20). It must submit an annual proposed budget and reasons to Council by 31 March (s 7).
Launceston City Council. The Council retains ownership and managerial roles on public levee-related land. It may develop public levee land for amenity or recreational purposes provided such use does not impede the Authority or reduce levee effectiveness, or materially worsen drainage characteristics (s 21). The Council has emergency powers in a flood, including closure of drains, control of flood gates and dredging, and may construct temporary structures (s 27). The Council may make by-laws under the Local Government Act concerning levee-related land subject to Ministerial or other bodies’ approval for particular land (s 24). The Council may issue infringement notices under the Act (s 25).
Private landowners and occupiers within the flood-prone area or on levee-related land. Owners and occupiers must accept that authorised officers may enter their land for the Authority’s functions subject to 14 days’ notice where entry is to occur on non-public land (s 14(3)-(5)). They must give access to authorised officers on request and may be required during flood events to take specified actions to minimise flood aggravation or to assist Council functions (s 27(3)-(4)). Interference with flood protection works, excavating, erecting structures, placing conduits or planting vegetation on flood protection works is an offence unless approved by the Authority (s 32).
Planning authorities, the Commission, the Tasmanian Civil and Administrative Tribunal / Appeal Tribunal. Planning authorities must comply with planning interest notices and area of development interest designations and follow statutory notification steps for flood-significant planning applications; they must provide the Authority opportunity to make representations and must give reasons for decisions that depart from Authority representations; the Authority has appeal rights to the Tribunal (ss 17-20).
State and Regional emergency controllers. The State Controller and Regional Controller are given express powers to direct the Council and the Authority in relation to flood actions, and such directions must be complied with (s 28). The Council must keep the Regional Controller informed during a flood (s 29).
The Crown, agents and instrumentalities. The Act binds the Crown (s 5). The Minister has power to issue show cause notices, notices to cease and notices of revocation in relation to levee-related land that is Crown land or owned by a Crown instrumentality, and may resume responsibility for such land (ss 22-23). The Act also delivers broad non-liability protection for the Crown in many flood‑related circumstances (s 35(2)).
Secondary effects include developers and prospective purchasers who must monitor planning interest notices and areas of development interest as these affect discretionary permit processes and appeal rights (ss 17-20). Bodies owning land within the flood plain where estates or interests are vested (including Crown bodies) also face by-law approval requirements before the Council may make by-laws affecting their land (s 24(2)). The Act creates compliance obligations in emergency periods for persons apparently in charge of premises and enables the Council and Authority to require assistance during a flood (s 27(3)-(5)).
Key duties and rights
The Act sets out a number of rights to act and duties to be performed by the Authority, the Council, planning authorities and private persons. These are the principal operative obligations and entitlements to note.
Authority duties and rights
Perform flood mitigation functions (s 6(1)): reduction of likelihood, severity, duration of flooding; dredging; advising Council on levee needs; maintaining, redesigning and augmenting levees; providing public-risk information (s 6(1)(a)-(d)).
Power to do all things necessary or convenient to perform functions (s 6(2)). This includes entry, construction of temporary works, sampling and approvals (ss 14-16; s 15(1)).
Submit annual proposed budget and justification to Council by 31 March (s 7).
Appoint authorised officers and issue identifying documents (s 9). Authorised officers may be delegated functions (s 8).
Issue planning interest notices and determine areas of development interest which impose notification and consultation duties on planning authorities (ss 17-18).
Right to be given copies of flood-significant planning applications and invited to make representations within 14 days of exhibition commencement (s 17(4); s 18(5)).
Right to appeal to the Appeal Tribunal in relation to flood-significant planning applications as if it had made a representation, and procedural application rights to be party to appeals concerning relevant uses or developments (s 20(2)-(5)).
Council duties and rights
Maintain certain emergency powers during flood or imminent flood, including closing drains, operating flood infrastructure or directing the Authority to operate or cease operation of flood infrastructure, dredging, and construction of temporary structures for flood response (s 27(1)-(2)).
Require owners or occupiers to take specified action during flood to minimise aggravation and require assistance to perform functions (s 27(3)-(4)).
Comply with directions from the State Controller or Regional Controller, and ensure responsible persons comply (s 28(1)-(2)); keep Regional Controller informed during flood events (s 29).
Use or develop public parts of levee-related land to increase amenity or for community/recreational use, subject to not impeding Authority functions, reducing levee effectiveness, or significantly altering drainage characteristics (s 21).
Make by-laws in respect of levee-related land under the Local Government Act, with ministerial or affected bodies’ approval when required (s 24).
Duties on planning authorities
Comply with requirements in planning interest notices and area of development interest notices, including exhibition notification and invitation to Authority to make representations (ss 17-18).
Not determine flood-significant discretionary permit applications until notification requirements are complied with (s 18(4)).
Provide to the Authority, within specific timeframes, notices that the Authority may appeal a decision and give reasons if a decision departs from an Authority representation (s 18(6)-(7); s 17(6)).
Duties and restrictions on landowners and the public
Permit authorised officers to enter land in flood-prone area with 14 days’ notice except in imminent flood or urgent repairs circumstances; authorised officers must carry identification on request (s 14(3)-(6)).
Do not remove, damage, destroy, excavate, erect structures on, interfere with, obstruct access to, or plant on flood protection works except with Authority approval (s 32(1)-(6)). Those offences attract penalties up to 50 penalty units and continuing offences attract daily fines.
Comply with requirements imposed under s 27(3)-(4) during a flood or imminent flood or face criminal penalties (s 31(1)).
Regulatory and enforcement rights
The Council may authorise infringement notice issuers and serve infringement notices for infringement offences under this Act with prescribed penalty amounts up to 20 penalty units for offences against the Act, and regulations may prescribe infringement penalties (s 25).
The Authority may issue approvals for works on flood protection works and condition those approvals (s 34).
Liability and immunity
Wide immunities for Authority, Council, responsible persons and the Crown for injury, damage or loss arising from specified flood-related actions or omissions, and non‑liability in tort, contract and breach of statutory duty in many listed circumstances (s 35(1)-(2)). Responsible persons acting in good faith are not personally liable for acts or omissions in performing functions (s 35(3)-(6)).
These duties and rights reallocate practical control over levee land management, emergency action and planning participation to the Authority and the Council, impose compliance duties on landowners in flood contexts, and provide substantial protective immunities to public actors.
Penalties and enforcement
The Act provides a mix of criminal penalties, infringement notice regimes and approval-related controls. Enforcement powers are concentrated with the Council and the Authority in different spheres.
Penalties and criminal offences
Emergency non-compliance. Failure without reasonable excuse to comply with requirements imposed under s 27(3) or (4) (requirements on owners/occupiers during flood) carries a fine not exceeding 100 penalty units, and for continuing offences a further fine not exceeding 20 penalty units per day (s 31(1)).
Assault, obstruction, false information and impersonation. It is an offence to assault, resist, impede or obstruct, to use threatening abusive or insulting language in relation to, knowingly provide false or misleading information to, or impersonate a responsible person acting under this Act; penalty up to 100 penalty units and continuing offence daily fines of 20 penalty units (s 31(2)).
Failure to state name/address. A responsible person may require a person believed to be committing an offence to state name and address; failure to comply is an offence with penalty up to 10 penalty units (s 31(3)-(4)).
Interference with flood protection works. Multiple offences in s 32: remove/damage/destroy flood protection works, excavate or change levels, erect structures, interfere with operation or valves/gates, obstruct access, construct roads or put conduits through flood protection works, plant trees or vegetation. Each carries a penalty not exceeding 50 penalty units with continuing offence daily fines up to 20 penalty units (s 32(1)-(6)). The Planning Act may also apply in addition to these offences where relevant (s 32(7)).
Infringement penalties. The Act allows infringement notices for infringement offences. For offences against this Act the infringement penalty is 20 penalty units; the regulations may prescribe infringement penalties for regulatory offences up to 20% of the maximum court penalty for individuals (s 25(1), (5)-(8)).
Enforcement mechanisms
Infringement notices. The Council may authorise persons to issue and serve infringement notices, but may not serve on those under 16 years old. Notices must comply with the Monetary Penalties Enforcement Act 2005 format and relate to no more than three offences (s 25(2)-(5)). The Council retains any existing power under the Local Government Act to issue infringement notices for by-laws (s 25(9)).
Approval regime. The Authority controls approvals for actions otherwise prohibited by s 32. Approvals are applications in a form approved by the Authority (s 34(1)), and the Authority may grant, refuse or impose conditions as it thinks fit (s 34(2)-(3)). Non-approved actions remain offences.
Authorised officers and entry. The Authority may appoint authorised officers (s 9). Authorised officers must carry identification and can enter public land and private land in the flood-prone area with 14 days’ notice unless entry is urgent because of imminent flood or urgent levee maintenance (s 14(1)-(6)). The Act authorises taking samples and photographs (s 16).
Emergency directions. Directions from State or Regional Controller to Council or Authority must be complied with (s 28(1)-(2)). Failure to comply with such directions has statutory consequences as non-compliance with the Act’s powers and could engage the offence provisions under s 31 for failure to comply with requirements imposed under s 27(3)-(4) in a flood.
Ministerial show cause and revocation process. The Minister can issue show cause notices and revoke or cease functions or rights of the Authority or Council in relation to levee-related land for non-performance, improper use or commercialisation of Crown-owned levee land, subject to procedural steps and opportunity to respond (ss 13, 22-23). These are administrative enforcement levers rather than penal sanctions, but they change operational rights.
Liability shields
Section 35 provides broad non-liability protections for Authority, Council, responsible persons, the Crown, State and Regional Controllers, and Crown employees or agents in good faith for many acts, omissions and flood consequences. Those immunities limit civil redress in tort, contract or statutory duty for specified categories of harm arising from flood management actions or inactions, including actions taken in compliance with directions under the Act or Emergency Management Act (s 35(1)-(6)).
Practical enforcement considerations
The Authority’s approvals are a gatekeeper to many permitted works on flood protection works and levee land. The Council is the primary issuer of infringement notices and local by-laws. The Minister retains supervisory instruments for Crown land and can revoke rights by notice. The immunity regime narrows civil liability against public actors, while criminal and infringement penalties target private actors who interfere with infrastructure or fail to comply in flood events.
How it interacts with other laws
The Act explicitly cross-references and modifies application of a number of existing statutes, and creates procedural interfaces with the planning system and emergency management framework.
Key cross-references and overrides
Land Use Planning and Approvals Act 1993 (the Planning Act). The Act adopts key definitions from the Planning Act (s 3 definitions), and integrates with the planning approval process by giving the Authority rights to issue planning interest notices, to be notified of draft planning instruments, and to participate or appeal in discretionary permit matters for areas of development interest (ss 17-20). Temporary structures and certain emergency works constructed under ss 15 and 27 are exempt from the Planning Act (s 15(3); s 27(7)). The Planning Act’s procedures are invoked by reference for exhibition timing, permit notification and appeal rights (s 18(5); s 20(2); s 17(4)).
Local Government Act 1993. The Authority is established under the Council and its Authority Rules are those made under Division 4 Part 3 of the Local Government Act; the Act preserves the Authority’s Local Government Act powers while preventing the Council from making inconsistent rules that would conflict with this Act (s 6(3); s 10). Section 11 ties winding-up under s 37 of the Local Government Act to Ministerial authorisation, and several cross-references depend on whether the Authority is wound up (s 11(1), (5)).
Emergency Management Act 2006. The Act incorporates emergency management chains: the Municipal Committee must consult the Authority when preparing emergency plans related to flooding (s 26). The State Controller and Regional Controller under the Emergency Management Act may direct Council and the Authority and such directions must be complied with (s 28). Section 30 confirms that apart from s 35(2) the Act does not limit the Emergency Management Act’s application.
Crown Lands Act 1976 and Crown interactions. Definitions in s 3 adopt the Crown Lands Act meaning of Crown land. The Minister has specific powers to issue show cause notices, cease notices and notices of revocation affecting Crown-owned levee-related land and may resume Crown responsibility for such land (ss 22-23).
Monetary Penalties Enforcement Act 2005. Infringement notices must be in accordance with s 14 of that Act, tying monetary enforcement processes to the state’s penalties enforcement regime (s 25(5)(a)).
Tasmanian Civil and Administrative Tribunal Act 2020. Amendments noted in s 20: appeals and Tribunal party processes are to be governed by the Tribunal Act as if the Authority had made a representation. The Act refers to the Appeal Tribunal and procedural application under the Tribunal Act (s 20(3)-(5) and amendment notes).
Rules Publication Act 1953 and Subordinate Legislation Act 1992. Orders replacing Schedules are statutory rules under the Rules Publication Act and not instruments of a legislative character under the Subordinate Legislation Act (s 4(4)).
Operational tensions and interfaces
Planning exemptions for temporary and emergency works. The Act carves out an exemption from the Planning Act for temporary structures constructed by the Authority (s 15(3)) and for flood-response works by the Council (s 27(7)). Those carve-outs can expedite emergency works but remove planning oversight in those instances.
Authority Rules and Local Government Act powers. The Authority’s powers under this Act are expressed not to limit its Local Government Act powers, and the Council is barred from making Authority Rules inconsistent with this Act (s 6(3); s 10). The Council may inherit Authority functions on winding-up (s 11(5)(a)-(h)), which creates a contingent statutory mapping between the two regimes.
Immunity and emergency powers. The Act’s immunities (s 35) interact with the Emergency Management Act by extending non-liability to actions under that Act as specified, which may limit civil remedies for property owners affected by emergency decisions taken under combined powers.
Administrative arrangements. Until an Administrative Arrangements order is made, the Act is administered by the Minister for Planning and Local Government and DPIPWE (s 37). The allocation of administration may impact how the planning, environmental and water management regulators coordinate.
Overall, the Act creates an overlay to existing planning, local government and emergency management regimes. It grants procedural footholds in planning decisions, statutory primacy for operational flood works and specific immunities. Practitioners need to read this Act alongside the Planning Act, Local Government Act, Emergency Management Act and relevant regulations to understand the full compliance landscape.
Amendment history
The text contains explicit amendment and substitution notes which indicate changes to definitions, Tribunal procedures and the mapping schedule. The following items are recorded within the Act text.
Section 3 amendments. The definition section records amendments by No. 18 of 2021, s 233, applied 05 Nov 2021. The note appears twice adjacent to the "Agreement" and "Appeal Tribunal" entries, signifying that those definitions were altered or added by that amending Act (s 3 note).
Section 20 amendments. Section 20 contains amendment notes referencing No. 18 of 2021, s 234, applied 05 Nov 2021. These amendments relate to the application of the Tasmanian Civil and Administrative Tribunal Act 2020 to appeals made pursuant to s 20(2), the procedural application under the Tribunal Act for the Authority to be made a party to appeals, and the Tribunal’s obligations (s 20(3)-(5) notes).
Schedule 1 substitution. Schedule 1 (the flood-prone area map) has been substituted by S.R. 2023, No. 4, applied 01 Mar 2023. The Schedule 1 header records that substitution. This indicates a map update made by statutory rule in 2023.
Repeal of prior legislation. Schedule 3 lists the Launceston Flood Protection Act 1977 (No. 102 of 1977) as repealed by this Act (s 38; Schedule 3). That establishes legislative succession between earlier flood-protection statutes and the current Act.
No other amendment notes are contained in the provided text. Section 3 contains specific cross-references and definitions that may have been revised; the amending Act No. 18 of 2021 appears to have updated the Tribunal references and the definition scheme.
What the amendment notes tell a practitioner
Tribunal and appeal pathway changes in 2021. The amendments in 2021 connect the Act’s appeal processes to the Tasmanian Civil and Administrative Tribunal Act 2020 and update the definition or naming of the Appeal Tribunal accordingly (s 3; s 20 notes). This is a procedural alignment reflecting the statewide Tribunal reforms.
Map updates are routine subordinate instruments. The Schedule 1 substitution in 2023 reflects an updating of the statutory flood-prone area map by statutory rule. Because s 4 treats those orders as statutory rules and not instruments of legislative character, map updates follow an administrative regulatory process rather than a fresh Act.
Repeal of prior Act. The Act replaces the 1977 Launceston Flood Protection Act (Schedule 3). Any historic rights or agreements derived from the old Act are addressed within this Act’s transitional or continuing provisions such as the Agreement definition and references to the Agreement.
Missing amendment history in the text
The provided text does not include a consolidated list of all historical amending Acts beyond the inline notes. Practitioners should consult official consolidation notes and the Tasmanian legislation register to see complete amendment history and to confirm the current text as in force.
Litigation history
The Act text itself contains no case citations and no recorded judicial interpretations. The internal amendment notes reference Tribunal and statutory changes but do not identify litigation or precedent.
What the absence of litigation history in the text implies for practice
No guidance from courts recorded in the statute. Since no cases are cited in the instrument, statutory interpretation issues arising from key provisions such as the scope of the Authority’s powers, the breadth of the immunity in s 35, or the Minister’s revocation powers in ss 13 and 23 will require practitioners to look to Tribunal or court decisions outside the Act for interpretive guidance. The Act provides statutory mechanics but not judicial gloss.
Appeals to Tribunal expected. The Act gives the Authority express appeal rights to the Appeal Tribunal and contemplates the Authority being made a party to planning appeals (s 20(2)-(5)). This suggests the Tribunal will be the primary forum for disputes about planning decisions influenced by the Act. Practitioners should search Tribunal records for decisions applying these provisions.
Administrative decisions and Ministerial notices likely to generate litigation. The administrative powers to issue show cause notices and revoke the Authority’s or Council’s rights over levee-related land (ss 13, 22-23) create fertile ground for judicial review challenges on procedural fairness, reasonableness or error of law. Again, no such cases are recorded in the Act.
Practical next steps for researchers
Check the Tasmanian Civil and Administrative Tribunal and Tasmanian Supreme Court databases for decisions involving the Launceston Flood Risk Management Act 2015, the Authority, or disputes about levee-related land.
Review any decisions where s 35 immunities are argued, since s 35 disclaims liability in broad terms and courts may have considered limits to those immunities.
Verify any guidance or policies issued by the Department administering the Act under s 37 and the Authority’s Authority Rules under the Local Government Act for procedural detail.
Because the statute itself contains no litigation history, counsel and researchers will need to undertake case law searches and tribunal decision checks to obtain the interpretive material necessary for advising clients on contested points.
Gotchas
The Act contains multiple provisions that can be traps for the unwary. These are practical, source‑grounded risks and procedural pitfalls you should watch for.
Wide immunities and limited civil recourse (s 35)
Section 35 substantially restricts civil actions against the Authority, Council and the Crown for injury, damage or loss arising from a broad list of flood-related actions or omissions (s 35(1)-(2)). The immunity covers actions taken under this Act, the Agreement, dredging, diversion and alteration of waters, actions taken under directions, and failures to act. This is not a general indemnity for all public actions, but its breadth in flood contexts is considerable. Practitioners should not assume ordinary tort remedies for property loss following authorised flood responses.
Emergency and planning carve-outs from the Planning Act (ss 15(3); 27(7))
Temporary structures constructed under s 15 and flood-response works under s 27 are outside the Planning Act. That expedites emergency interventions but removes planning oversight. Where temporary works become protracted, the lack of planning scrutiny could create downstream land-use or remediation disputes.
Ministerial revocation and Crown resumption powers (ss 13; 22-23)
The Minister may issue show cause notices and revoke the Authority’s levee-related powers in relation to specified land, and may issue notices to cease or revoke Council rights where Crown-owned levee land is being used otherwise than permitted, or is being commercialised, and may resume Crown responsibility (ss 13; 22-23). These are administrative levers with potentially abrupt operational consequences. The process requires a show cause notice and an opportunity to respond, but the test in ss 13(7) and 23(2) is framed in terms of the Minister’s opinion after considering information.
Entry to private land with modest notice (s 14)
Authorised officers can enter private land in the flood-prone area with 14 days’ written notice (s 14(3)-(4)). Notice is not required where a flood is imminent or in urgent maintenance situations (s 14(5)). Landowners must be alert to these powers and preserve property and safety during such entries. Permission is required to enter buildings except in imminent flood situations (s 14(7)-(8)).
Authority’s planning participation and appeal rights (ss 17-20)
The Authority can designate areas of planning interest and development interest and thereby trigger enhanced notification and appeal rights. Planning authorities must not determine flood-significant discretionary permits until notification requirements are complied with (s 18(4)-(5)). The Authority has rights to be given copies of applications and to appeal even if it has not made a representation under the Planning Act (s 20(2)). Developers and purchasers need to check whether a planning interest notice or area of development interest applies to their land before proceeding.
Unspecified funding mechanics (s 7)
The Authority must submit a proposed budget and reasons to the Council by 31 March each year (s 7), but the Act does not set out how the Authority is funded or how the Council must meet those costs. That leaves potential uncertainty about operational funding and could generate negotiation risk between Council and the Authority.
Delegation and accountability (s 8)
The Authority may delegate most of its powers to authorised officers or other persons, except the power of delegation itself (s 8). Delegations may spread operational responsibility to officers and contractors; practitioners should seek to inspect delegations and Authority Rules to identify accountable decision‑makers.
Overlap and possible turf conflicts with Council functions (s 6(4); s 21)
The Authority’s functions do not limit its Local Government Act powers and the Council retains rights to use levee-related land for amenity or recreational purposes subject to not impeding Authority functions (s 6(3)-(4); s 21). This shared authority can produce disagreements: for example about vegetation, structures or amenity projects that the Council wants to advance on levee public land but which the Authority deems impeding.
Broad definition of "relevant use or development" for Tribunal party rights (s 20(1))
The definition of "relevant use or development" includes uses outside the flood-prone area that could increase flood likelihood, severity or duration or increase human risk in the flood-prone area (s 20(1)). That captures off-site developments, meaning developers some distance from levees could face Authority scrutiny and Tribunal party applications.
Continuing obligations during floods and heavy criminal penalties (ss 27; 31)
Requirements imposed on owners/occupiers under s 27(3)-(4) during floods carry heavy penalties for non-compliance up to 100 penalty units and daily fines for continuing offences (s 31(1)). Owners and managers of premises should have emergency plans to ensure compliance when required by Council.
Each of these items is grounded in the specified section references. Practitioners should map local land ownership, Authority Rules, any extant planning interest notices and areas of development interest, and the Authority’s delegations to anticipate which of these "gotchas" apply in particular matters.
How to comply
This section sets out practical compliance steps, timelines and documents to obtain or monitor for stakeholders: the Authority, Council, planning authorities, landowners, developers and emergency controllers. All steps are grounded in the Act’s provisions.
For the Authority
Annual budget and justification. Prepare and submit to Council by 31 March each year a proposed budget and a written statement of reasons for the amount requested (s 7). Ensure documentation explains necessity and adequacy to perform functions.
Delegations and identifying documents. Make written delegations where needed (s 8), appoint authorised officers in writing and issue identification documents with photographs (s 9(1)-(4)). Maintain revocation records and retrieve IDs when appointments are revoked (s 9(5)-(6)).
Planning engagement. Monitor planning authority exhibitions for draft planning instruments in areas subject to any planning interest notices. Provide timely representations under the Planning Act when invited (s 17(4)). Where the Authority designates areas of development interest notify planning authorities in writing and specify required procedural obligations (s 18(1)-(3)).
Entry and urgent access. For non-urgent entry to private land give occupiers or owners at least 14 days’ written notice (s 14(3)-(4)). In imminent flood or urgent repairs the Authority may enter without notice (s 14(5)). Authorised officers must be able to produce identification on request (s 14(6)).
For the Council
Budget and coordination. Receive the Authority’s budget and reasons. Establish processes to respond and budget for any agreed Authority funding obligations (s 7).
Levee-related land use. When proposing amenity or recreational works on public levee land ensure works will not impede Authority functions, reduce levee effectiveness, or significantly alter drainage characteristics in ways that increase flood severity or duration (s 21(1)-(3)). Seek Authority input before committing to works.
By-laws and approvals. If making by-laws under Local Government Act s 145 in relation to levee-related land, ensure you obtain required approvals from the Minister or bodies that hold interests where s 24(2) applies. Align by-law text with the Authority’s functional needs.
Emergency planning and response. Consult with the Municipal Committee before preparing emergency plans related to flooding (s 26). During flood events exercise powers in s 27, keep the Regional Controller informed of all actions (s 29), and comply with directions from State or Regional Controllers (s 28). Have templates for requirements to owners/occupiers under s 27(3) and (4), with legal and operational checklists to ensure compliance and evidence of lawful direction.
For planning authorities and the Commission
Observe planning interest notices and areas of development interest. When a planning interest notice exists, notify the Authority prior to exhibition of a draft planning instrument and invite representation (s 17(4)). For flood-significant discretionary permit applications in areas of development interest give a copy of the application to the Authority and invite representations within 14 days under s 18(5).
Provision of reasons. If a planning authority or Panel grants a permit or departs from an Authority representation, provide written reasons to the Authority in accordance with s 17(6) and s 18(7). If the Commission grants or confirms a permit under s 43H of the Planning Act that departs from an Authority representation, the Commission must give reasons in writing (s 17(6)).
For developers and landowners
Check Schedules and notices. Before acquiring or developing land, check Schedule 1 and Schedule 2 maps, any planning interest notices and areas of development interest; a planning interest notice may impose additional procedural steps and the Authority can appeal flood-significant planning applications (ss 3; 4; 17-18; s 20). Note Schedule 1 has been updated by S.R. 2023 No. 4.
Approvals for works on flood protection works. If proposed works affect flood protection works, apply to the Authority in the approved form for an approval under s 34(1). Do not undertake excavations, level changes, structures, conduits or planting on flood protection works without Authority approval (s 32(2)-(6)).
Comply with notices during floods. If the Council imposes a requirement under s 27(3)-(4) during a flood or imminent flood, comply or risk penalties of up to 100 penalty units and daily fines for continuations (s 31(1)). Keep records of instructions, communications and any assistance given.
For contractors and authorised officers
Carry and produce identification. Identifying documents with photograph must be issued and carried by authorised officers; produce ID upon request (s 9(2)-(4); s 14(6)).
Respect entry rules. For non‑public land give at least 14 days’ notice and do not enter buildings except with occupier permission unless imminent flood circumstances apply (s 14(3)-(8)).
Follow approvals and conditions. If working on or near flood protection works, ensure approvals are in place and adhere to any conditions imposed by the Authority (s 34(2)-(3)).
Record-keeping and evidence
Keep copies of show cause notices, revocation notices and responses. The Minister’s show cause and revocation processes for the Authority and Council (ss 13; 22-23) create administrative records that can be the basis for review, compliance or challenge.
Document emergency decisions. When exercising s 27 powers or complying with s 28 directions, document the decision, the legal basis, who directed or who authorised the action, and communications with the Regional Controller in line with s 29.
Retain approvals and Authority representations. Store approvals under s 34 and Authority representations under planning law as these govern later liability and evidential lines in disputes and appeals.
Risk management
Insurance cannot displace statutory immunities, but ensure insurance programmes recognise the Act’s immunities and carve-outs, and clarify where private applicants or contractors remain exposed.
Early engagement with the Authority and the Council reduces the prospect of show cause notices, revocations or enforcement action. Where an activity may affect levees or flood flow characteristics, obtain written Authority advice before proceeding.
Following these steps, tied to the Act’s sections cited above, will materially reduce legal and operational risk for stakeholders engaged in flood-prone areas and levee-related land.
development has the same meaning as it has in the Planning Act;
discretionary permit means a permit to which section 57(1) of the Planning Act applies but does not include a permit to which section 43A of the Planning Act applies;
dredging means to remove, displace, or replace, by mechanical means, sediment present in a body of water;
flood-prone area means the area shown bounded by a thick black line on the map in Schedule 1 ;
flood protection works means all structures or works erected, constructed, or managed, by the Authority (or the Council) –
(a) so as to reduce the likelihood, severity or duration of flooding in the flood-prone area; or
(b) under section 15 or section 27 ;
flood-significant planning application means an application to a planning authority for –
(a) a discretionary permit in respect of land within an area of land that is determined under section 18 to be an area of development interest; or
(b) an amendment to a discretionary permit, granted under the Planning Act, in respect of land within an area of land that is determined under section 18 to be an area of development interest;
levee includes any apparatus, or structure, that is necessary or convenient for the functioning of a levee;
levee-related land means the areas of land, within the flood-prone area, that are –
(a) specified in Part 1 of Schedule 2 ; and
(b) indicated generally, on the maps in Part 2 of Schedule 2 , as areas bounded by thick black lines;
Municipal Committee, for the municipal area of the Council, means the Municipal Committee established under the Emergency Management Act 2006 for the municipal area of the Council or for a combined area that includes that municipal area;
owner, in relation to land, includes every person who, jointly or severally, whether at law or in equity –
(a) is entitled to the land for any estate of freehold in possession; or
(b) is entitled to receive, or receives, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise;
Planning Act means the Land Use Planning and Approvals Act 1993 ;
planning authority has the same meaning as it has in the Planning Act;
planning instrument means –
(a) a planning scheme or special planning order; and
(b) an amendment to a planning scheme or special planning order;
planning interest notice means a notice, given under section 17(1) , that is in force;
planning scheme has the same meaning as it has in the Planning Act;
public land means –
(a) Crown land; and
(b) land that is owned by an instrumentality or agent of the Crown; and
(c) Council land;
Regional Controller means the Regional Controller, under the Emergency Management Act 2006 , for the region in which the flood-prone area is situated;
representation has the same meaning as it has in the Planning Act;
responsible person means –
(a) a member of the Authority; and
(b) an authorised officer; and
(c) a delegate of the Authority; and
(d) a delegate of the Council; and
(e) a person on whom a requirement is imposed under section 27 ; and
(f) a person authorised under section 14 to enter land; and
(g) a person authorised under the Local Government Act 1993 to enter land for a purpose related to enabling the Council to perform its functions, or exercise its powers, under this Act;
special planning order has the same meaning as it has in the Planning Act;
State Controller has the same meaning as it has in the Emergency Management Act 2006 ;
use has the same meaning as it has in the Planning Act.
4 Flood-prone areas and levee-related land
4 Flood-prone areas and levee-related land
(1) The Minister, by order, may repeal Schedule 1 and substitute for it a Schedule containing a map indicating that the area shown on the map is the flood-prone area.
(2) An area may only be shown, in a map contained in an order under subsection (1) , to be the flood-prone area if the area is the same as the area that is specified in the Authority Rules, as in force immediately before the order is made, to be the flood-prone area.
(3) The Minister, by order, may repeal Schedule 2 and substitute for it a Schedule that –
(a) in Part 1 of the Schedule, specifies the area, or areas, of land that are to comprise the levee-related land for the purposes of this Act; and
(b) indicates generally, on a map in Part 2 of the Schedule, that area or those areas.
(4) An order under this section –
(a) is a statutory rule for the purposes of the Rules Publication Act 1953 ; and
(b) is not an instrument of a legislative character for the purposes of the Subordinate Legislation Act 1992 .
5 Act binds Crown
5 Act binds Crown
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Part 2 Powers, Functions and Rights of Authority
Part 2 Powers, Functions and Rights of Authority
Division 1 Launceston Flood Authority
Division 1 Launceston Flood Authority
6 Powers and functions of Authority generally
6 Powers and functions of Authority generally
(1) Subject to this Act, the Authority has the following functions under this Act:
(a) to take action to reduce the likelihood, severity and duration of flooding in the flood-prone area, including (but not limited to including), if it thinks fit, dredging for such purposes;
(b) to provide advice to the Council as to whether levees, additional to any levee constructed before the commencement of this Act, may be required to reduce the likelihood, severity or duration of flooding in the flood-prone area;
(c) to take all reasonable steps to ensure that any levees constructed (whether before or after the commencement of this Act) for the purpose of preventing flooding in the flood-prone area –
(i) are maintained; and
(ii) are redesigned, or augmented, if it is desirable to do so in order to prevent, or to reduce the likelihood, severity or duration of, flooding in the flood-prone area;
(d) to provide to the Council information to assist the Council to determine the advice that ought to be given by the Council to members of the public about the risk of flooding in the flood-prone area;
(e) any other function specified in this Act.
(2) The Authority has the power to do all things necessary or convenient to be done in connection with the performance of its functions under this Act.
(3) Nothing in subsection (1) or (2) is to be taken to limit the functions or powers of the Authority under the Local Government Act 1993 or as set out in the Authority Rules.
(4) Section 36 of the Local Government Act 1993 does not prevent the Authority –
(a) performing its functions, or exercising its powers, under this Act or under the Local Government Act 1993 ; or
(b) performing its functions, or exercising its powers, as set out in the Authority Rules –
outside the municipal area of the Council.
7 Estimate of costs of Authority to be provided to Council
7 Estimate of costs of Authority to be provided to Council
The Authority must submit to the Council, by 31 March in each year –
(a) a proposed budget setting out the amount of money, for the next financial year, that the Authority believes it requires in order to ensure the Authority may satisfactorily perform its functions and exercise its powers; and
(b) a statement specifying the reasons why the amount is necessary and adequate to ensure the Authority may satisfactorily perform its functions and exercise its powers.
8 Delegation by Authority
8 Delegation by Authority
The Authority may, in writing, delegate to an authorised officer or any other person any of its functions or powers under this Act or the Authority Rules, other than this power of delegation.
9 Authorised officers
9 Authorised officers
(1) The Authority may, in writing, appoint a person to be an authorised officer for the purposes of this Act.
(2) The Authority must issue an identifying document to a person who is appointed to be an authorised officer.
(3) An identifying document in relation to an authorised officer is –
(a) an identification card; or
(b) a document that enables the officer to identify himself or herself as an authorised officer to a member of the public.
(4) An identification card issued to an authorised officer is to contain a photograph of the officer.
(5) The Authority may, in writing, revoke the appointment of a person under subsection (1) .
(6) A person whose appointment as an authorised officer is revoked must return to the Authority his or her identifying document.
10 Rules in relation to Authority under Local Government Act 1993
10 Rules in relation to Authority under Local Government Act 1993
The Council may not, after the day on which this Act commences, make or amend under Division 4 of Part 3 of the Local Government Act 1993 a rule that applies or is to apply to the Authority, if the rule as made, or as so amended, would be inconsistent with a provision of this Act.
11 Winding up of Authority
11 Winding up of Authority
(1) The Council may not wind up the Authority under section 37 of the Local Government Act 1993 except with the authority of the Minister under subsection (3) .
(2) The Council, in writing, may request the Minister to authorise under subsection (3) the winding up of the Authority.
(3) The Minister, in writing, may authorise the Council to wind up the Authority under section 37 of the Local Government Act 1993 , if the Minister has received under subsection (2) a request to do so.
(4) If the Minister issues an authorisation under subsection (3) , the Council, as soon as practicable, is to provide to the Minister –
(a) a copy of the resolution of the Council winding up the Authority under section 37 of the Local Government Act 1993 ; and
(b) notice of the day on which the winding up of the Authority occurs or is to occur.
(5) If the Authority is wound up under section 37 of the Local Government Act 1993 –
(a) a reference in this Act (except in this section, in section 35 , and in the definitions of Authority, Authority Rules and flood protection works in section 3 ), or regulations made under this Act, to the Authority is to be taken to be a reference to the Council; and
(b) a reference in section 35 to the Authority is to be taken to include a reference to the Council; and
(c) section 6(1)(b) and (d) and section 6(4) , sections 7 and 10 , section 27(1)(c) and (d) and section 27(5) and (6) cease to be of effect; and
(d) the reference in section 12(1) to the Local Government Act 1993 ceases to be of effect; and
(e) a reference in Part 3 to a planning authority is not to be taken to include a reference to a planning authority that is the Council; and
(f) a reference in this Act to the Authority Rules ceases to be of effect; and
(g) despite paragraph (a) , a reference in section 15(2) to a structure constructed or erected by the Authority includes such a structure constructed or erected by the Authority (rather than the Council); and
(h) a notice (other than a notice under Part 3 in relation to the planning authority that is the Council), approval, authorisation or other instrument issued, or delegation or appointment made, by the Authority under this Act and still in for
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