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\[45\].