Water Management Act 2000

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.

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.

Such a program must be consistent with any management plan that applies to the land on which the works or proposed works are situated.

Such a program must be accompanied by a statement setting out the following particulars—

the estimated cost of constructing any work,

the estimated annual cost of maintaining any work,

the percentage that the Minister has determined that the council should contribute to the cost of the construction and maintenance of the work,

the amount for which the council will be liable,

such other particulars as may be prescribed by the regulations.

Any estimates are to be made by the Minister whose decision is final.

When the work has been completed, the Minister must notify the local council of the actual cost of the work.

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.

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.

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.