New South Wales Consolidated Acts

WATER ACT 1912 - SECT 165A

165A Controlled work-meaning

(1) In this Part, a "controlled work" means:

(a) an earthwork, embankment or levee that is situated, or proposed to be constructed, on land that:

(i) is, or forms part of, the bank of a river or lake, or

(ii) is within a floodplain, or

(b) any work that is situated, or proposed to be constructed, on land that:

(i) is, or forms part of, the bank of a river or lake, or

(ii) is within a floodplain,

and that is declared by order of the Ministerial Corporation published in the Gazette to be a controlled work, or

(c) an earthwork, embankment or levee, wherever situated or proposed to be constructed, that:

(i) affects or is reasonably likely to affect the flow of water to or from a river or lake, and

(ii) is used or is to be used for, or has the effect or likely effect of, preventing land from being flooded by water, or

(d) any work, wherever situated or proposed to be constructed, that:

(i) affects or is reasonably likely to affect the flow of water to or from a river or lake, and

(ii) is used or is to be used for, or has the effect or likely effect of, preventing land from being flooded by water, and

(iii) is declared by order of the Ministerial Corporation published in the Gazette to be a controlled work.

(2) However, a controlled work does not include:

(a) a work declared, by order of the Ministerial Corporation published in the Gazette, not to be a controlled work, and any work that forms or is intended to form part of, or is or is intended to be ancillary to, such a declared work, or

(b) a work or bore in respect of which a licence, group licence, authority, permit, consent or authorisation is in force under Part 2, 3, 5, 6, 7 or 9.