91DConstructing or using flood work without, or otherwise than as authorised by, a flood work approval

91D Constructing or using flood work without, or otherwise than as authorised by, a flood work approval

91D Constructing or using flood work without, or otherwise than as authorised by, a flood work approval

(1) A person must not construct or use a flood work for which the person does not have a flood work approval.

Maximum penalty—Tier 2 penalty.

Maximum civil penalty—Tier C civil penalty.

(2) The holder of a flood work approval must not, other than as authorised by the approval, construct or use a flood work—

(a) in or near a river or lake, or

(b) within a floodplain.

Maximum penalty—Tier 2 penalty.

Maximum civil penalty—Tier C civil penalty.

(3) Without limiting subsection (2), a person constructs or uses a flood work otherwise than as authorised by a flood work approval if the person constructs or uses such a work while the approval is suspended.

(4) This section does not prevent a person from constructing or using a water supply work or drainage work in accordance with a water supply work approval or drainage work approval.

s 91D: Ins 2008 No 73, Sch 1 [4]. Am 2025 No 70, Sch 3[45].