164ZMMinisterial action following contravention of Part

164ZM Ministerial action following contravention of Part

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

(1)  If a person is found guilty of an offence under this Part in relation to dam works or a dam operating notice, the Minister may require, in writing, any one or more of the following persons to take the action specified in the requirement, whether or not the person so required to take action is the person who is found guilty of the offence:

(a) the person who is or was the relevant permit holder;

(b) the owner of the relevant dam or an authorised operator of the dam;

(c) the owner or occupier of land on which the dam or dam works is or was situated or undertaken.

(2)  The requirement –

(a) is to specify the person's rights to apply for a review of, or appeal against, the requirement under Part 14 ; and

(b) may require –

(i) the emptying, breaching, modification or removal of the relevant dam; or

(ii) the undertaking of work to repair damage to the site of the relevant dam works; or

(iii) the undertaking of actions to ensure compliance with a dam operating notice or its conditions; or

(iv) in the case of dam works being undertaken under a Division 4 permit – the cessation of the dam works and the making under section 144 of an application for a Division 3 permit; or

(v) any other action the Minister considers appropriate in the circumstances.

(3)  A person must comply with a requirement.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(4)  If a person fails to comply with a requirement –

(a) the Minister may authorise a person, in writing, to enter on the relevant land and take any action specified in the requirement and such other action as may be necessary or desirable to make good any damage caused by the failure to comply with the requirement; and