Following recent regulation changes, it is now more important than ever for landholders to seek legal advice before constructing or modifying a levee bank.
Levee bank construction or modification is now considered to be 'assessable development' under the Sustainable Planning Act 2009 (Qld). The level of assessment will now depend on which category the development falls under. These categories include:
Category 1 - levees which do not have any off-property impacts and are now subject to self-assessment
Category 2 – levees which have off-property impacts, have an affected population of less than three people and are now subject to code assessment
Category 3 - levees which have off-property impacts, have an affected population of at least three people and are now subject to impact assessment.
Any landholder who plans to construct or modify a levee must consider the potential effects on floodwater movement, and how this could affect other people and properties. The penalties for non-compliance include fines of up to $190,000.
We encourage landholders to seek appropriate advice before constructing or modifying a levee bank under this new regime.
Written by Shine Lawyers' landholder law team.
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Written by Shine Lawyers. Last modified: May 12, 2015.