Are there exemptions?
You do not need a flood work approval if an exemption applies, such as:
- for major projects which are state significant development or state significant infrastructure
- in certain circumstances specified in the regulations, for example:
- for local councils if the work is constructed or used under a development authorisation granted by a council, and the work is not located within an unmanaged designated high risk flood area,
- for the Rail Corporation NSW if the work is for the purposes of a railway
- for a roads authority if the work is for the purposes of a public road
- to comply with a direction given in an emergency under the State Emergency and Rescue Management Act 1989 or State Emergency Service Act 1989
- for a ring embankment around a dwelling house, shed or silo but only if the work is not located in a designated high risk flood area and does not enclose more than the permissible area
- earthworks that are less than 150mm above (not below) the natural surface of the ground but only if the work is not located in a designated high risk flood area.
For information about whether an exemption applies to your proposed activity, contact us.