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](/view/pdf/asmade/act-1956-10), 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\[74\].