256Construction of fences, structures and flood works

256 Construction of fences, structures and flood works

256 Construction of fences, structures and flood works

(1) A person must not—

(a) construct any building, fence or structure in, on, or adjacent to, a levee bank, or

(b) construct a flood work on a floodplain,

except with the consent of the Minister.

Maximum penalty—Tier 2 penalty.

Maximum civil penalty—Tier C civil penalty.

(2) The Minister’s consent may be given unconditionally or subject to conditions.

(3) An authorised officer—

(a) may enter any lands on which any building, fence or flood work has been constructed otherwise than in accordance with the Minister’s consent, and

(b) may take such measures as are necessary to demolish or remove the building, fence or flood work or to render the flood work ineffective.

(4) The costs incurred by an authorised officer under this section are recoverable from the landholder as a debt in a court of competent jurisdiction.

(5) The Minister may, by notice published in the Gazette, exclude any lands from a floodplain.

(6) In this section, floodplain means any lands declared to be within the floodplain of the Hunter River by a proclamation in force under section 16 of the former Hunter Valley Flood Mitigation Act 1956, other than lands excluded from the floodplain by a notice published under this section.

s 256: Am 2008 No 73, Sch 1 [6]; 2025 No 70, Sch 3[74].