18Compliance notices

18 Compliance notices

18 Compliance notices

(1) Dams Safety NSW may, if of the opinion that the owner of a declared dam has failed to comply with any requirement under this Division (whether or not the failure to comply constitutes an offence), give the owner a notice in writing (a compliance notice) requiring the owner to take such action as is specified in the notice.

(2) Without limiting subsection (1), a compliance notice may—

(a) require the owner to remedy the consequences of the failure to comply, and

(b) include monitoring and reporting requirements to ensure that the notice is complied with.

(3) The owner of a declared dam who is given a compliance notice must comply with the requirements of the notice.

Maximum penalty—

(a) in the case of a corporation—10,000 penalty units and, in the case of a continuing offence, a further penalty of 1,200 penalty units for each day the offence continues, or

(b) in the case of an individual—2,250 penalty units and, in the case of a continuing offence, a further penalty of 600 penalty units for each day the offence continues.

(4) If the owner of a declared dam fails to take the action specified in a compliance notice given to the owner, Dams Safety NSW may take that action and recover from the owner as a debt in any court of competent jurisdiction the costs and expenses incurred by it in taking that action.