New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 269

269 Works to protect public and local government works to be approved by Minister

(1) A public authority must not construct any protective works unless the Minister has approved of the site, nature, dimensions and design of the works.

(2) In giving approval, the Minister may require such amendment of the site, nature, dimensions or design of the protective works as the Minister considers necessary, and the public authority must comply with that requirement accordingly.

(3) The Minister may by notice in writing require the public authority by which any protective works have been constructed to take specified measures for the proper upkeep, preservation and maintenance of the protective works.

(4) The public authority must comply with the requirements specified in the notice in such manner and within such time as is so specified.

(5) If a public authority fails to comply with the terms of the notice, the Minister:

(a) may authorise any person to enter the land on which the protective works are located and carry out the measures specified in such notice, and

(b) may recover any cost incurred in so doing from the public authority in any court of competent jurisdiction as a debt due to the Crown.