Levee Banks

The Queensland Government regulates the construction and modification of levee banks to manage flood risk and protect communities, property and the wider catchment. 

Any person proposing to construct a new levee or modify an existing levee must comply with the relevant requirements under Queensland legislation. 

What is a levee?

A levee is an artificial embankment or structure designed to prevent or reduce the flow of overland flow. 

Some activities and structures are excluded from the definition of a levee, including: 

  • prescribed farming activities (such as cultivation, laser levelling or contouring), unless resulting fill is later used to divert overland flow; 

  • irrigation infrastructure that is not levee‑related; 

  • fill used for gardens or landscaping (up to specified volumes); 

  • structures regulated under other legislation, including roads, railways and water storages; or 

  • coastal infrastructure, such as groynes, used to manage coastal hazards.  

If you are unsure whether proposed works are considered a levee, please contact the Department of Regional Development, Manufacturing and Water, prior to commencing any works. 

 

Regulation of levees

Levees play an important role in floodplain management but can also affect neighbouring land, communities and flood behaviour across the catchment.

For this reason, levee construction and modification is regulated. 

Under the Water Act 2000, the construction or modification of a levee is classified as assessable development under the Planning Act 2016, unless it qualifies as accepted development. 

The level of assessment depends on the potential off‑property impacts of the levee. 

 

Levee Assessment Categories

Levees are assessed under three categories:

Category 1 Levees (Accepted Development)

A Category 1 levee is accepted development if the proposed levee complies with the self-assessable code for the construction or new levees or modification of existing levees. 

The self-assessable code requirements include: 

  • the levee is located in a Rural Zone; 

  • there are no changes to off‑property flood behaviour or hydraulic conditions, including:  

  • flow paths onto or off the property; 

  • flow velocity off‑property; 

  • flood extent and area off‑property; and/or  

  • flood height off‑property. 

Owners must notify Council of the completed works, including location and dimensions, within 10 business days of completion using the approved notification form. 

Please see the following link to the self-assessable code and notification template for the construction of new levees or the modification of existing levees, from the Department of Regional Development, Manufacturing and Water:  

Category 2 Levee – Code Assessable Development

Category 2 levees require a development permit for operational work, if involving: 

  • construction of a new category 2 levee; and  

  • modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee. 

Council is the Assessment Manager and assesses applications against: 

  • the relevant Planning Scheme provisions; and 

  • the assessment benchmarks in Schedule 10 of the Water Regulation 2016. 

Please see the following guidelines for the construction or modification of category 2 and 3 levees:  

 

Category 3 Levee – Impact Assessable Development

Category 3 levees require a development permit for operational work and must be referred to the Queensland Government as a referral agency, if involving: 

  • construction of a new category 3 levee; and 

  • modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 3 levee. 

Council remains the Assessment Manager, with the State assessing water‑related matters under the State Development Assessment Provisions. 

Applicants are strongly encouraged to contact the State early to confirm referral requirements before lodging an application. 

Please see the following guidelines for the construction or modification of category 2 and 3 levees: 

 

For advice and further information on levee requirements contact the Queensland Government - qld.gov.au

 

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