sec.1069Failure impact assessing licensed dams not prescribed

### sec.1069 Failure impact assessing licensed dams not prescribed Subsection (2) applies to a dam if— a licence was granted under section 43 of the repealed Act for the dam; and the dam is not a dam prescribed under a regulation for section 1068; and the dam is— more than 8m in height and has a storage capacity of more than 500ML; or more than 8m in height and has a storage capacity of more than 250ML and a catchment area that is more than 3 times its maximum surface area at full supply level. On the commencement of this section— the dam is a referable dam; and the licence, including its conditions that related to the safety of the dam, is taken to be a development permit. The owner of each dam mentioned in subsection (2) must ensure a failure impact assessment for the dam is completed in accordance with chapter 3, part 6 and given to the chief executive within 5 years after the commencement. Maximum penalty—1,665 penalty units. A failure impact assessment completed under subsection (3) is taken to be a failure impact assessment completed under section 483(2). Subsection (3) does not apply if the chief executive gives the owner of the dam a notice under section 483(2) before the dam is failure impact assessed under subsection (3). If the dam is assessed as not having a category 1 or category 2 failure impact rating under subsection (3) or for an assessment mentioned in subsection (5)— the dam is no longer a referable dam; and the development permit is no longer subject to the conditions about the safety of the dam. s 1069 amd 2001 No. 75 s 111 (sec.1069-ssec.1) Subsection (2) applies to a dam if— a licence was granted under section 43 of the repealed Act for the dam; and the dam is not a dam prescribed under a regulation for section 1068; and the dam is— more than 8m in height and has a storage capacity of more than 500ML; or more than 8m in height and has a storage capacity of more than 250ML and a catchment area that is more than 3 times its maximum surface area at full supply level. (sec.1069-ssec.2) On the commencement of this section— the dam is a referable dam; and the licence, including its conditions that related to the safety of the dam, is taken to be a development permit. (sec.1069-ssec.3) The owner of each dam mentioned in subsection (2) must ensure a failure impact assessment for the dam is completed in accordance with chapter 3, part 6 and given to the chief executive within 5 years after the commencement. Maximum penalty—1,665 penalty units. (sec.1069-ssec.4) A failure impact assessment completed under subsection (3) is taken to be a failure impact assessment completed under section 483(2). (sec.1069-ssec.5) Subsection (3) does not apply if the chief executive gives the owner of the dam a notice under section 483(2) before the dam is failure impact assessed under subsection (3). (sec.1069-ssec.6) If the dam is assessed as not having a category 1 or category 2 failure impact rating under subsection (3) or for an assessment mentioned in subsection (5)— the dam is no longer a referable dam; and the development permit is no longer subject to the conditions about the safety of the dam. - (a) a licence was granted under section 43 of the repealed Act for the dam; and - (b) the dam is not a dam prescribed under a regulation for section 1068; and - (c) the dam is— (i) more than 8m in height and has a storage capacity of more than 500ML; or (ii) more than 8m in height and has a storage capacity of more than 250ML and a catchment area that is more than 3 times its maximum surface area at full supply level. - (i) more than 8m in height and has a storage capacity of more than 500ML; or - (ii) more than 8m in height and has a storage capacity of more than 250ML and a catchment area that is more than 3 times its maximum surface area at full supply level. - (i) more than 8m in height and has a storage capacity of more than 500ML; or - (ii) more than 8m in height and has a storage capacity of more than 250ML and a catchment area that is more than 3 times its maximum surface area at full supply level. - (a) the dam is a referable dam; and - (b) the licence, including its conditions that related to the safety of the dam, is taken to be a development permit. - (a) the dam is no longer a referable dam; and - (b) the development permit is no longer subject to the conditions about the safety of the dam.