Flood Report Tool Terms and Conditions

  1. Introduction

    The use of this website, and the material generated by it, is governed by these terms and conditions in full. If you disagree with any of the terms and conditions, you must immediately cease using the website and any material generated by it.

  2. Licence to use the website

    The content of this website (which includes downloadable material) is subject to copyright and protected in Australia by law, and by international agreements in other countries.

    Lake Macquarie City Council (Council) and/or its licensors own the intellectual property rights in the website and the material on the website. All these intellectual property rights are reserved, save for the licence granted in these terms and conditions.

    Council gives you permission to view, print, and download the content on this website for the purpose of general research and the preparation of a development application, subject to the restrictions set out in these terms and conditions and elsewhere. Council prohibits you from:

    • altering, changing, or modifying the material on the website (including how it appears)
    • republishing material found on this website; and
    • reproducing, duplicating, copying or otherwise commercially exploiting material on this website;
  3. Limitation on website use

    You must not use this website in any way that:

    • damages the website or limits its availability to others;
    • is unlawful, illegal, fraudulent or harmful or is connected with such activity; and
    • is involved in or is connected with the use or distribution of malicious computer software (including spyware, computer viruses, Trojan horses, worms, keystroke loggers, or rootkits).

    You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Council’s express written consent.

  4. Flood and Floor Levels based on limited information

    In using this website, you agree and accept that:

    • Defined Flood Levels and Interim Residential Flood Levels, and the Minimum Habitable Floor Levels based on them, are determined from the information available to Council at the date of issue and are indicative only.
    • Flood Levels detailed on this website may not reflect the specific conditions at a particular Property, and may change if new information becomes available or changes occur in the generally accepted principles for the calculation of flood levels.
    • Floor levels, where shown, are determined from the information available to Council at the date of issue. These levels are indicative only and to confirm them, you would need to engage a registered surveyor at your own cost, or apply to Council for a Flood/Tidal Inundation Certificate(PDF, 63KB) . A fee applies to this service.
    • The information on this website is not a substitute for obtaining a Section 10.7 planning certificate under the Environmental Planning and Assessment Act 1979.
  5. No Warranties or Representations

    This website, and the material on it, is provided without any representations or warranties, express or implied. Council makes no representations or warranties in relation to this website or the information and materials provided on it.

    Without prejudice to the generality of the preceding paragraph, Council makes no warranty or representation that:

    • a Property Flooding Information Summary or any of the information contained within it, or contained elsewhere on this website is accurate, complete or non-misleading; or
    • This website will be constantly available, or available at all;

    Nothing on this website constitutes, or is meant to constitute, advice of any kind. The Flood Report Tool is not a substitute for specific advice from a suitably qualified engineering professional.

  6. Limitation of Liability

    Council will not be liable to you in relation to the contents or use of this website for any direct loss, any indirect, special or consequential loss, or any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even where Council has been expressly advised of the potential loss.

    Nothing in this limitation of liability excludes or limits any warranty implied by law that it would be unlawful to exclude or limit.

  7. Indemnity

    By using this website, you agree to indemnify and keep indemnified Council for any loss, costs, or damages, arising from or relating in any way, to your use, reliance, or acceptance of information or other content on this website and/or any breach by you of (or claim that you have breached) any provision of these terms and conditions. Such losses, costs or damages may include legal expenses and any amounts paid by Council to a third party in settlement of a claim or dispute on the advice of Council’s legal advisers.

  8. General
    1. Links to third party websites

      Where this website provides links to third party websites, Council has no responsibility for your use of content on those websites and you must abide by the terms and conditions for the use of content on those websites.

    2. Reasonableness

      You agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable.

    3. Unenforceable provisions

      If any provision of these terms and conditions are unenforceable, that will not affect the enforceability of the other provisions of these terms and conditions, which will continue in effect. If an unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, then that part will be deemed to be deleted, and the rest of the provision will continue in effect.

    4. Breach of these terms and conditions

      If you breach these terms and conditions, Council may take such action as it deems appropriate to deal with the breach, including limiting your access to the website in any manner it considers appropriate and/or bringing court proceedings against you. This provision is made without prejudice to any other rights Council may have.

    5. Variation

      Council may revise these terms and conditions at any time. Revised terms and conditions will apply from the date of publication.

    6. Assignment

      Council may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

    7. Entire agreement

      These terms and conditions, constitute the entire agreement between you and Council in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

    8. Laws of NSW to apply

      These terms and conditions are governed by the laws of the State of New South Wales, Australia, and any disputes concerning these terms and conditions will be subject to the non-exclusive jurisdiction of the Courts of that State.