4Permit not required for certain dam works

4 Permit not required for certain dam works

(1)  A permit under Part 8 of the Act is not required in respect of dam works carried out for any of the following purposes:

(a) to make minor repairs to a dam wall that do not –

(i) increase the pre-existing maximum height of the dam wall; or

(ii) steepen the pre-existing batter slopes of the dam wall; or

(iii) change the pre-existing main dimensions of the dam wall;

(b) to make minor repairs to an earth-fill embankment dam wall that do not involve the repair or replacement of any section of the dam wall that disturbs –

(i) more than 10% of the horizontal width of the dam wall between the upstream and downstream batter slopes; or

(ii) more than 20% of the horizontal length of the dam wall, measured at any height between each end of the dam wall;

(c) [Clause 4 Subclause (1) amended by S.R. 2011, No. 114, Applied:16 Nov 2011] to repair or maintain a fish-pass around or over an existing dam wall;

(ca) [Clause 4 Subclause (1) amended by S.R. 2011, No. 114, Applied:16 Nov 2011] subject to subclause (2) , to construct, or modify the design specifications of, a fish-pass around or over an existing dam wall;

(d) to make minor repairs to a spillway that do not reduce the flood capacity below that recommended in the latest guidelines issued by the Australian National Committee on Large Dams Inc;

(e) to remove vegetation from a spillway, dam wall or within the water storage area;

(f) to de-silt a water storage area, if the dam walls are left untouched and the permitted capacity of the dam is not increased;

(g) [Clause 4 Subclause (1) amended by S.R. 2011, No. 114, Applied:16 Nov 2011] to place or replace protective topsoil, gravel, rock or other natural material to prevent erosion or other damage to –