AustLII Tasmanian Numbered Acts

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LAUNCESTON FLOOD RISK MANAGEMENT ACT 2015 (NO. 24 OF 2015) - SECT 27

Powers of Council in event of flood or imminent flood

(1)  If a flood is occurring, or is imminent, in the flood-prone area, the Council may exercise any of the following powers:
(a) take the actions necessary to close any drains, or drainage outlets, that drain water into the flood-prone area;
(b) open, close, or erect and close, flood gates, penstocks or similar objects and keep them open or closed as long as is necessary;
(c) if the Authority has opened, in the flood-prone area, flood gates, penstocks or similar objects, direct the Authority to close them and keep them closed for as long as the Council considers necessary;
(d) if flood gates, penstocks, or similar objects, in the flood-prone area are closed, direct the Authority to open them and keep them open for as long as the Council considers necessary;
(e) close, and keep closed for the period the Council thinks fit, or direct the Authority to close, and keep closed for the period the Council thinks fit, any temporary gaps in a levee in the flood-prone area;
(f) close any highway or railway line across, over or under which any levee is constructed;
(g) take action, including (but not limited to including), if it thinks fit, dredging, to assist flood waters from the flood-prone area to drain more effectively from the area;
(h) take action, including (but not limited to including), if it thinks fit, dredging, to mitigate the effect of a flood that is occurring, or is imminent, in the flood-prone area.
(2)  If a flood is occurring, or is imminent, in the flood-prone area, the Council may construct or erect on land a temporary structure, including roads, for any of the following purposes:
(a) to enable the taking of any other action under this section;
(b) the prevention of an imminent flood in the flood-prone area;
(c) the mitigation of the effect of a flood that is occurring, or is imminent, in the flood-prone area;
(d) to rescue persons or to protect property in the event of a flood that is occurring, or is imminent, in the flood-prone area.
(3)  If a flood is occurring, or is imminent, in the flood-prone area, the Council may require a person who owns or is apparently in charge of premises to take, in relation to the premises, action, specified in the requirement, to minimise the risk of aggravating the flood or the effect of the flood in the area.
(4)  If a flood is occurring, or is imminent, in the flood-prone area, the Council may require a person to provide to the Council the assistance the Council thinks fit to perform the functions, or exercise the powers, of the Council in the flood-prone area.
(5)  If a flood is occurring, or is imminent, in the flood-prone area, the Council may require the Authority to perform a function, or exercise a power, of the Authority under this Act or the Authority Rules, for the purpose of assisting the Council to perform the functions, or exercise the powers, of the Council in the flood-prone area.
(6)  The Authority must comply with a direction given to it under subsection (1)(c) , (d) or (e) or a requirement imposed on it under subsection (5) .
(7)  The Planning Act does not apply in relation to the construction or erection of a flood gate, penstock or other structure under this section.
(8)  If the Council constructs or erects a temporary structure on land under this section, the Council must, as soon as practicable after the structure is no longer required for the purpose for which it was constructed or erected –
(a) remove the structure; and
(b) take reasonable steps to restore the land to the condition that the land would have been in but for the construction or erection of the structure, but taking into account the effect of any flood on the land.



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