sec.343When dam must be failure impact assessed

### sec.343 When dam must be failure impact assessed A person who proposes to construct a dam must have the dam failure impact assessed if the dam, after its construction, will be— more than 10m in height and have a storage capacity of more than 1,500ML; or more than 10m in height and have a storage capacity of more than 750ML and a catchment area that is more than 3 times its maximum surface area at full supply level. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 . The owner of a dam that is not a referable dam must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the dam will meet the criteria stated in subsection (1) (a) or (b) after the works are carried out. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 . The owner of a dam that is not a referable dam but meets the criteria stated in subsection (1) (a) or (b) must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the storage capacity of the dam will increase by more than 10% after the works are carried out. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 . The owner of a dam that is a referable dam must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the storage capacity of the dam will increase by more than 10% after the works are carried out. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 . Also, the chief executive may give the owner of any existing dam or any dam being constructed (whether or not the dam meets or will meet the criteria stated in subsection (1) (a) or (b) ) a notice to have the dam failure impact assessed. The chief executive may give the notice only if the chief executive reasonably believes the dam, or the dam after its construction, would have a category 1 or category 2 failure impact rating. In this section— height , for a dam, means the measurement of the difference in level between the natural bed of the watercourse at the downstream toe of the barrier or, if the barrier is not across a watercourse, between the lowest elevation of the outside limit of the barrier of the dam and the top of the barrier. top of the barrier , of a dam, means the level of the top of the barrier of the dam exclusive of any parapet or ancillary structure or, if the barrier includes a spillway, the level of the top of the abutment walls adjoining the spillway of the dam exclusive of any parapet or ancillary structure. s 343 amd 2010 No. 20 s 149 ; 2012 No. 29 s 27 ; 2013 No. 51 s 229 sch 1 (sec.343-ssec.1) A person who proposes to construct a dam must have the dam failure impact assessed if the dam, after its construction, will be— more than 10m in height and have a storage capacity of more than 1,500ML; or more than 10m in height and have a storage capacity of more than 750ML and a catchment area that is more than 3 times its maximum surface area at full supply level. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 . (sec.343-ssec.2) The owner of a dam that is not a referable dam must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the dam will meet the criteria stated in subsection (1) (a) or (b) after the works are carried out. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 . (sec.343-ssec.3) The owner of a dam that is not a referable dam but meets the criteria stated in subsection (1) (a) or (b) must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the storage capacity of the dam will increase by more than 10% after the works are carried out. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 . (sec.343-ssec.4) The owner of a dam that is a referable dam must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the storage capacity of the dam will increase by more than 10% after the works are carried out. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 . (sec.343-ssec.5) Also, the chief executive may give the owner of any existing dam or any dam being constructed (whether or not the dam meets or will meet the criteria stated in subsection (1) (a) or (b) ) a notice to have the dam failure impact assessed. (sec.343-ssec.6) The chief executive may give the notice only if the chief executive reasonably believes the dam, or the dam after its construction, would have a category 1 or category 2 failure impact rating. (sec.343-ssec.7) In this section— height , for a dam, means the measurement of the difference in level between the natural bed of the watercourse at the downstream toe of the barrier or, if the barrier is not across a watercourse, between the lowest elevation of the outside limit of the barrier of the dam and the top of the barrier. top of the barrier , of a dam, means the level of the top of the barrier of the dam exclusive of any parapet or ancillary structure or, if the barrier includes a spillway, the level of the top of the abutment walls adjoining the spillway of the dam exclusive of any parapet or ancillary structure. - (a) more than 10m in height and have a storage capacity of more than 1,500ML; or - (b) more than 10m in height and have a storage capacity of more than 750ML and a catchment area that is more than 3 times its maximum surface area at full supply level.