21Rights 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.