165PNotices to ensure safety of dams in case of imminent danger, &c.

165P Notices to ensure safety of dams in case of imminent danger, &c.

(1)  Where it appears to the Minister that a dam is unsafe or is in imminent danger of becoming unsafe or there is a high risk of an incident, the Minister may, by notice in writing, require the owner of the dam or the person in control of the dam at the relevant time to do such things as are specified or described in the notice as may be reasonably necessary to ensure the safety of the dam.

(2)  A person must comply with a notice 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.

(3)  Where it appears to the Minister that anything done or proposed to be done to, or in respect of, a dam or in the vicinity of a dam by its owner or any other person may increase the dam's safety risk, the Minister may, by notice in writing, require the owner or other person, as the case may be, to do such things as are specified or described in the notice as may be reasonably necessary to ensure the safety of the dam.

(4)  [Section 165P Subsection (4) amended by No. 6 of 2007, s. 33, Applied:16 Jul 2007] A person must comply with a notice under subsection (3) .

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.

(5)  [Section 165P Subsection (5) amended by No. 6 of 2007, s. 33, Applied:16 Jul 2007] If a person fails to comply with a notice under this section –

(a) the Minister may authorise another person to enter on the land on which the dam is situated and take the action specified in the notice and such other action as may be necessary or desirable to ensure the safety of persons or the relevant dam or other property; and