10Guidelines and information to be followed by persons constructing, &c., dams

10 Guidelines and information to be followed by persons constructing, &c., dams

(1)  A person undertaking an activity for the purposes of, or in connection with –

(a) the design, construction, surveillance, operation or decommissioning of a dam or tailings dam; or

(b) planning for an emergency in respect of a dam or tailings dam –

must carry out that activity in accordance with the guidelines, as amended or substituted from time to time, specified in Schedule 1 , for that activity.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; or

(b) a natural person, a fine not exceeding 200 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

(2)  The Department is to ensure that a copy of each of the guidelines that is required under subregulation (1) to be complied with is available for inspection, electronically or otherwise, by members of the public, without charge and during normal office hours.