165HObtaining and providing information

165H Obtaining and providing information

(1)  [Section 165H Subsection (1) amended by No. 12 of 2004, s. 42, Applied:09 Jun 2004] [Section 165H Subsection (1) amended by No. 12 of 2004, s. 42, Applied:09 Jun 2004] In order to satisfy himself or herself that a dam is in a safe condition, the Minister may, by notice in writing, require the owner of a dam specified in the notice to do or arrange for either or both of the following actions:

(a) [Section 165H Subsection (1) amended by No. 12 of 2004, s. 42, Applied:09 Jun 2004] to make such observations, take such measurements, undertake such engineering studies and keep such records of or in respect of the dam, the environs over, under and surrounding the dam and the water or other material impounded by the dam as may be specified in the notice;

(b) [Section 165H Subsection (1) amended by No. 12 of 2004, s. 42, Applied:09 Jun 2004] to provide the Minister with such information in respect of the dam, and with such books, plans, documents or other papers and such films, tape recordings or other records as may be specified or described in the notice.

(1A)  [Section 165H Subsection (1A) inserted by No. 12 of 2004, s. 42, Applied:09 Jun 2004] A notice under subsection (1)(a) may require that the actions are to be undertaken by a person or persons with prescribed competencies.

(2)  An owner must comply with a requirement under subsection (1) .

Penalty:  Fine not exceeding 100 penalty units.

(3)  Where an owner of a dam fails to comply with a requirement under subsection (1) , the Minister may –

(a) undertake the activities referred to in subsection (1)(a) in respect of the dam; and

(b) recover the costs and expenses arising from, or incidental to, undertaking those activities from the owner as a debt due to the Crown in any court of competent jurisdiction.