WATER MANAGEMENT ACT 2000 - SECT 264
Consultation with local council as to works program
WATER MANAGEMENT ACT 2000 - SECT 264
Consultation with local council as to works program
264 Consultation with local council as to works program
(1) This section
applies to all flood works constructed or maintained by the Minister for the
purpose of protecting a town or village from flooding, being works that have
been constructed at the request or with the concurrence of the local council
within whose area the town or village is situated.
(2) Before the beginning
of each financial year or as soon as practicable thereafter, the Minister must
submit to the local council concerned a program of the flood works that the
Minister proposes to construct or maintain during that year.
(3) Such a
program must be consistent with any management plan that applies to the land
on which the works or proposed works are situated.
(4) Such a program must be
accompanied by a statement setting out the following particulars--
(a) the
estimated cost of constructing any work,
(b) the estimated annual cost of
maintaining any work,
(c) the percentage that the Minister has determined
that the council should contribute to the cost of the construction and
maintenance of the work,
(d) the amount for which the council will be liable,
(e) such other particulars as may be prescribed by the regulations.
(5) Any
estimates are to be made by the Minister whose decision is final.
(6) When
the work has been completed, the Minister must notify the local council of the
actual cost of the work.
(7) If the amount paid by the local council in
respect of the work is more than the amount for which the council is liable,
the Minister must repay to the council the amount of such excess.
(8) If the
amount paid by the local council in respect of the work is less than the
amount for which the council is liable, the council must pay to the Minister
the amount of the shortfall.
(9) Any amount paid to the Minister by a local
council under this section is to be paid into the Hunter Valley Flood
Mitigation Working Account.
