New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 270

270 Major floodgates to be maintained and operated by local councils

(1) If in the opinion of the Minister any floodgate operates for the protection of lands other than lands owned by one landholder or a small localised group of landholders, the Minister may by notice in writing to the local council declare the floodgate to be a major floodgate.

(2) It is the duty of the local council--

(a) to keep any major floodgate at all times in a good and proper state of repair and working order, and

(b) to maintain and operate it in accordance with any directions that may from time to time be given by the Minister.

(3) If the local council fails to perform that duty, the Minister--

(a) may authorise any person to enter the land on which the major floodgate is located and to take such measures as to the maintenance, operation or repair of the floodgate as the Minister considers necessary, and

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