164ZCDam operating notice

164ZC Dam operating notice

[Section 164ZC Inserted by No. 33 of 2015, s. 20, Applied:01 Jan 2016]

(1)  The Minister may issue a dam operating notice in relation to the operation of a dam for any one or more of the following purposes:

(a) to ensure that there is no significant adverse impact on other water users;

(b) to prevent pollution of water;

(c) to protect the environment, including the riverine and riparian environments;

(d) to prevent the inundation of land not owned by the owner of the dam.

(2)  A dam operating notice may be issued –

(a) at the time an application for a Division 3 permit is granted and the permit issued or at any other time and whether or not a Division 3 permit is in force; and

(b) to the owners of the dam or one or more authorised operators of the dam.

(3)  If a dam operating notice is issued to a person at the same time that an application for a Division 3 permit is granted and the permit is issued to that person, that person may combine an application for a review of, or an appeal against, the notice and an application for a review of, or appeal against, the permit or its conditions into a single application for a review or an appeal under Part 14 .

(4)  If there is more than one owner of a dam, or more than one authorised operator of a dam, on whom the same dam operating notice is issued, the owners, or the authorised operators, are jointly and severally liable for compliance with the notice.

(5)  If a dam operating notice and an authorisation are inconsistent, the dam operating notice prevails over the authorisation to the extent of the inconsistency.

(6)  The Minister, by notice in writing served on a person to whom a dam operating notice has been issued, may do one or more of the following:

(a) amend the dam operating notice by extending the period for which it is in force;

(b) amend the dam operating notice by adding a new requirement or condition or varying or omitting an existing requirement or condition;