Queensland Consolidated Regulations

BUILDING REGULATION 2006 - REG 13

13 Land liable to flooding

(1) A local government may, in a planning scheme or by a temporary local planning instrument under the Planning Act or a resolution—

(a) designate part of its area as a flood hazard area; and

(b) declare the following for all or part of a flood hazard area—

(i) the defined flood level;

(ii) the maximum flow velocity of water;

(iii) an inactive flow or backwater area;

(iv) a freeboard that is more than 300mm;

(v) the finished floor level of class 1 buildings built in all or part of the flood hazard area.

(2) The local government must, on the making of a designation or declaration, state in the planning scheme, temporary local planning instrument or resolution that the designation or declaration is made under this section.

Note—

Under the QDC part MP 3.5, that part applies to the lawful carrying out of certain building work to the extent the building work is carried out wholly or partly within a flood hazard area and a defined flood level is declared by a local government for the area.

(3) The local government must, in designating a flood hazard area, comply with—

(a) a State planning policy; and

(b) if there is a temporary State planning policy under the Planning Act in effect when the designation is made which affects the operation of a State planning policy for the designation—the temporary State planning policy to the extent it applies.

(4) The local government must keep a register of the flood hazard areas it designates and when each designation was made.

(5) In this section—

"defined flood level" means the level to which it is reasonably expected flood waters may rise.

"finished floor level" means the level of the uppermost surface of a finished floor not including any floor covering.

Examples of a floor covering—

carpet, tiles

"freeboard" means a height above the defined flood level that takes account of matters that may cause flood waters to rise above the defined flood level.

Example of matters that may cause a flood level to rise above the defined flood level—

wave action, localised hydraulic behaviour

"inactive flow or backwater area" means all or part of a flood hazard area where the maximum flow velocity of water is not likely to be greater than 1.5m/s.

"maximum flow velocity of water" , for all or part of a flood hazard area, means a flow velocity of water that is reasonably expected to be the maximum flow velocity of water for all or part of the flood hazard area.

"State planning policy" means a State planning policy under the Planning Act , other than a temporary State planning policy.