80Power to give directions concerning dams

80 Power to give directions concerning dams S. 80(1) amended by No. 5/2002 s. 44(1)(a), substituted by No. 23/2019 s. 44. (1) The Minister, by written notice, may direct the owner of any public or private dam to do any of the following if the Minister decides that the dam is or is likely to be hazardous to public safety, property or the environment because of its location or the nature of its construction— (a) make specified repairs or alterations to the dam; (b) take specified measures to keep the dam under surveillance; (c) remove the dam. S. 80(2) substituted by No. 23/2019 s. 44. (2) The Minister, by written notice, may direct the proposed owner of any proposed public or private dam to do any of the following if the Minister decides that the dam is or is likely to be hazardous to public safety, property or the environment because of its proposed location or the nature of its proposed construction— (a) resite the dam; (b) build the dam to specified standards; (c) refrain from building the dam. S. 80(3) substituted by No. 23/2019 s. 44. (3) This section applies to any public or private dam, whether or not the dam is located on a waterway. S. 80(3A) inserted by No. 65/1995 s. 15, amended by No. 5/2002 s. 44(1)(b). (3A) Without limiting any power to give directions under this section, the Governor in Council may make regulations for or with respect to regulating the planning, construction, surveillance, operation and maintenance of any dam or class of dams. S. 80(3A)(a)(b) repealed by No. 5/2002 s. 44(1)(b). S. 80(3B) inserted by No. 65/1995 s. 15. (3B) The regulations made under subsection (3A) may apply both to existing dams and to proposed dams. S. 80(3C) inserted by No. 5/2002 s. 44(2). (3C) Without limiting subsection (3A), the regulations made under that subsection may provide for any matter that may be the subject of conditions under section 71. S. 80(4) repealed by No. 5/2002 s. 44(3). (5) A notice giving a direction under subsection (1) must contain details of the circumstances that, in the opinion of the Minister, warrant the giving of the direction. (6) The giving or not giving of directions under this section does not make the Minister or the Crown liable in respect of a flow of water from a dam. S. 80AA inserted by No. 23/2019 s. 45. 80AA Offence not to comply with section 80 direction[[21]](#endnote-22) A person must not fail to comply with any direction under section 80(1) or (2). Note to s. 80AA inserted by No. 48/2021 s. 84. S. 80A inserted by No. 5/2002 s. 45.