165MSurveillance and testing

165M Surveillance and testing

(1)  If an owner of a dam fails to carry out such testing and surveillance as required by a direction of the Minister under this Part, the Minister may authorise a person –

(a) to enter on the owner’s land; and

(b) carry out surveillance of the dam and any other land or works as may be necessary to ensure the safety of the dam.

(2)  For the purposes of subsection (1) , the authorised person may carry out boring and drilling operations, make surveys and take measurements.

(3)  Unless the Minister is satisfied that there is imminent danger to any person or property or to the environment, the authorised person must give the owner at least 14 days’ notice in writing of any action proposed under this section.

(4)  In the exercise of powers under this section –

(a) the authorised person must ensure that no more damage than is necessary is done to the land; and

(b) the Minister must compensate the owner for any damage done to the land.