19Directions by Dams Safety NSW to ensure safety of declared dams

19 Directions by Dams Safety NSW to ensure safety of declared dams

19 Directions by Dams Safety NSW to ensure safety of declared dams

(1) If Dams Safety NSW is of the opinion that a declared dam is unsafe or is in danger of becoming unsafe, Dams Safety NSW may, by order in writing given to the owner of the dam, direct the owner to do such things as are specified or described in the order as may be reasonably necessary to ensure the safety and proper maintenance and operation of the dam.

(2) If Dams Safety NSW is of the opinion that anything done or proposed to be done by a person to or in relation to a declared dam (including the water or other material impounded by the dam) or in the vicinity of a declared dam may endanger the safety of the dam, Dams Safety NSW may, by order in writing given to the person, direct the person to do such things as are specified or described in the order as may be reasonably necessary to ensure the safety of the dam.

(3) A person who does not comply with a direction under this section is guilty of an offence.

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 does not comply with a direction under this section, Dams Safety NSW may do all such things as may be necessary to give effect to the direction and recover the costs and expenses incurred in doing any such thing from the owner of the dam as a debt in any court of competent jurisdiction.