165LDirections for maintenance, &c., of dams

165L Directions for maintenance, &c., of dams

(1)  In order to satisfy himself or herself that a dam is in a safe condition, the Minister may give an owner of a dam a written direction –

(a) relating to the undertaking of works and carrying out investigations, in accordance with the regulations, for the maintenance, surveillance or decommissioning of a dam; and

(b) requiring the owner to keep such records relating to the maintenance, surveillance or decommissioning of the dam as the Minister may reasonably require in order to ensure its safety; and

(c) requiring the owner to prepare and submit to the Minister when so directed a plan of action proposed to be taken in case the dam is, or is likely to become, a danger to any person or property or to the environment.

(2)  Where an operation and maintenance manual has been accepted under section 165K(3) , the Minister may only give a direction under subsection (1) of this section if the Minister is satisfied that the owner of the dam has not complied with the manual.

(3)  An owner of a dam must comply with a direction under subsection (1) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units and a daily fine not exceeding 50 penalty units for each day during which the offence continues; and

(b) a natural person, a fine not exceeding 200 penalty units and a daily fine not exceeding 20 penalty units for each day during which the offence continues.

(4)  The Minister must not give a written direction under subsection (1)(a) that is inconsistent with –

(a) [Section 165L Subsection (4) amended by No. 33 of 2015, s. 24, Applied:01 Jan 2016] .  .  .  .  .  .  .  .  

(b) a relevant determination of an appeal under section 279 .

(5)  If an owner fails to comply with a direction under subsection (1)(a) or , the Minister may undertake or carry out any work or investigation required to be undertaken or carried out or may prepare any plan required to be prepared and may, in any court of competent jurisdiction, recover from the owner, as a debt due to the Crown, any cost reasonably incurred in so doing.