208Control of works and structures[[41]](#endnote-42)

208 Control of works and structures[[41]](#endnote-42) S. 208(1) amended by Nos 12/1996 ss 8(5), 9(4), 85/2006 s. 90(1), 32/2010 s. 77(Sch.), substituted by No. 23/2019 s. 81(1). (1) A person must not knowingly cause or permit the undertaking or erection of any regulated works or structure within a relevant Authority's waterway management district, without the consent of the relevant Authority, being an undertaking or erection that results in— Note to s. 208(1) inserted by No. 48/2021 s. 97(1). S. 208(1A) inserted by No. 53/2014 s. 5, substituted by No. 23/2019 s. 81(1). (1A) A person must not recklessly cause or permit the undertaking or erection of any regulated works or structure within a relevant Authority's waterway management district, without the consent of the relevant Authority, being an undertaking or erection that results in— Note to s. 208(1A) inserted by No. 48/2021 s. 97(2). S. 208(1B) inserted by No. 23/2019 s. 81(1). (1B) A person must not cause or permit the undertaking or erection of any regulated works or structure within a relevant Authority's waterway management district, without the consent of the relevant Authority. Note to s. 208(1B) inserted by No. 48/2021 s. 97(3). S. 208(1C) inserted by No. 23/2019 s. 81(1). (1C) Subsections (1), (1A) and (1B) do not apply to— (a) a public statutory authority; and (b) a person who is acting under and in accordance with a levee maintenance permit. S. 208(2) amended by Nos 12/1996 s. 8(6), 85/2006 s. 90(2), 23/2019 s. 81(2). (2) A public statutory body that intends to undertake or erect any regulated works or structure must, before undertaking or erecting the works or structure, notify the Authority (being an Authority to which this Division applies and that has the function referred to in section 202(d) or (e) or referred to in section 202(2)(d) or (e)) of its intention and take into account any comments made by the Authority. (3) Sections 153 and 154 apply to the determination of a dispute between a public statutory body and an Authority as if a notification under subsection (2) were a notice under section 153(2). S. 208(4) amended by No. 23/2019 s. 81(3). (4) If works or structures are undertaken or erected in contravention of this section, the Authority may, by notice in writing to the owner of the affected land, require the owner to demolish or modify the works or structures as specified in the notice, within 14 days of the notice being served on the owner. S. 208(5) substituted by No. 23/2019 s. 81(4). (5) A person must not fail to comply with any notice under subsection (4). Penalty: For an individual, 60 penalty units; For a body corporate, 300 penalty units. (6) If an owner fails to comply with the notice within 14 days, or if there is an emergency, the Authority may— (a) enter the land and carry out the demolition or modification specified in the notice; and (b) recover its costs of doing so as a debt due to it from the owner of the land. S. 208(7) inserted by No. 23/2019 s. 81(5). (7) In this section— ***regulated works or structure*** means any of the following— (a) works or a structure within an area of land declared to be liable to flooding or declared to be a floodway area, that may have the effect of— (i) controlling or mitigating floodwaters; or (ii) discharging stormwater; or (iii) excluding tidal water; or (iv) concentrating or diverting floodwater or stormwater; (b) works or a structure between a building line and any part of the designated waterway or designated land or works in relation to which the building line was declared; ***relevant Authority*** means an Authority to which this Division applies and that has the function referred to in section 202(1)(d) or (e) or (2)(d) or (e).