304BAdoption of code relating to safety of dams and dam works

304B Adoption of code relating to safety of dams and dam works

[Section 304B Inserted by No. 49 of 2002, s. 45, Applied:01 Mar 2003]

(1)  For the purposes of Parts 8 and 8A , the regulations may adopt, wholly or partially and with or without modification, a code relating to matters in respect of which regulations may be made for the purposes of those Parts.

(2)  The code may be adopted either as in force at the time the regulations are made or as in force from time to time.

(3)  Any regulations adopting a code, or an amendment to a code, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary or desirable.

(4)  The regulations or a code adopted by the regulations –

(a) may refer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a body specified in the regulations, either as in force at the time the regulations are made or as in force from time to time; and

(b) may be of general or limited application.

(5)  Where a code, standard or other document is adopted under subsection (1) or (4) as it is in force from time to time, an alteration to the code, standard or other document does not take effect for the purposes of this Act –

(a) before the day on which notice of the alteration is published by the Minister in the Gazette; or

(b) if the Minister so provides in the notice, until a day specified by the Minister in the notice.

(6)  Where the regulations or a code adopted by the regulations refer to a standard or other document prepared or published by a body specified in the regulations –

(a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and

(b) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by the Minister as a true copy of the code, standard or other document; and