143Offence to undertake dam works without permit

143 Offence to undertake dam works without permit

[Section 143 Amended by No. 56 of 2008, s. 65, Applied:11 Feb 2009] [Section 143 Amended by No. 49 of 2002, s. 22, Applied:01 Mar 2003] [Section 143 Substituted by No. 33 of 2015, s. 20, Applied:01 Jan 2016]

(1)  A person must not undertake, or cause or permit to be undertaken, any dam works unless –

(a) the person is the holder of a permit, or is undertaking the dam works for another person who is the holder of a permit, which relates to those dam works; and

(b) those dam works are undertaken in accordance with that permit and its conditions.

Penalty:  Fine not exceeding 200 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

(2)  It is a defence in proceedings for an offence against subsection (1) in relation to dam works on an existing dam if the defendant –

(a) establishes that it was necessary to undertake the dam works in order to maintain the structural integrity of the dam; and

(b) establishes that the dam works were limited to such works as were necessary for that purpose; and

(c) establishes that, within 2 working days after the dam works were commenced, notice of the works was given to the Minister or an authorised officer.