New South Wales Consolidated Acts

WATER ACT 1912 - SECT 168B

168B Preliminary assessment of whether controlled work complies with floodplain management plan

(1) After receiving an application for an approval, and before determining the application under section 171, the Ministerial Corporation is to make an assessment of whether the controlled work the subject of the application is a complying or a non-complying controlled work.

(2) A controlled work is to be assessed as a complying controlled work if the Ministerial Corporation is satisfied that the controlled work complies with the floodplain management plan for the area in which the controlled work is situated or proposed to be constructed.

(3) A controlled work is to be assessed as a non-complying controlled work if:

(a) the Ministerial Corporation is not satisfied that the controlled work complies with the floodplain management plan for the area in which the controlled work is situated or proposed to be constructed, or

(b) the controlled work is situated or proposed to be constructed in an area that is not the subject of a floodplain management plan.

(4) If the controlled work concerned is a complying controlled work, the Ministerial Corporation may determine the application in accordance with section 171.

(5) If the controlled work concerned is a non-complying controlled work, the Ministerial Corporation is to publicise the application in accordance with section 169 before determining the application.

(6) The Ministerial Corporation may refuse to make an assessment under this section if any information required or requested to be provided in relation to the application has not been provided to the Ministerial Corporation.