165NNotices to ensure safety of dam following provision of information

165N Notices to ensure safety of dam following provision of information

(1)  Where as a result of information provided under section 165H , 165J , 165L or 165M the Minister determines that, in order to ensure the safety of a dam, it is necessary to modify the dam –

(a) as a result of the review of the spillway and its design flood; or

(b) as a result of a change to the hazard category of the dam subsequent to its construction; or

(c) to meet prescribed safety requirements –

the Minister may, by notice in writing, require the owner of the dam to carry out modifications specified or described in the notice as may be reasonably necessary to ensure the ongoing safety of the dam.

(2)  The Minister may specify in the notice a period, not exceeding 10 years, within which the owner must comply with the notice.

(3)  An owner must comply with a notice under subsection (1) within the time specified in the notice.

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)  If an owner of a dam fails to comply with a notice under this section –

(a) the Minister may authorise a person to enter on the owner’s land and take the action specified in the notice and such other action as may be necessary or desirable to make good any damage caused; and

(b) any expense actually and reasonably incurred by the Minister in so doing is a debt due by the owner to the Minister and recoverable as such in any court of competent jurisdiction.

(5)  Nothing in this section prevents the Minister from issuing a notice under section 165P .