sec.356Changing conditions

### sec.356 Changing conditions This section applies for a referable dam if the chief executive is satisfied either or both of the following should be changed— safety conditions; development conditions. The chief executive may change the conditions. In deciding what the conditions should be, the chief executive may give the owner of the dam a notice requesting the owner give the chief executive, within the reasonable period stated in the notice— information that will help the chief executive to decide the conditions to be applied; and the fee prescribed under a regulation. The owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—200 penalty units. Without limiting subsection (3) , the notice may require the preparation of documents including a comprehensive report, by a registered professional engineer, on the design and operation of the dam. In changing the conditions, the chief executive must have regard to the guidelines, if any, made by the chief executive for applying safety conditions to a referable dam. If the chief executive changes the conditions, the chief executive must— give the owner of the dam an information notice about the changed safety conditions; and give the local government for the area a copy of the changed safety conditions. The change has effect from the day the notice is given. The chief executive’s power to change the conditions includes the power to add conditions. The changed safety conditions are taken to be conditions attaching to the development permit mentioned in section 355 (2) or (3) . (sec.356-ssec.1) This section applies for a referable dam if the chief executive is satisfied either or both of the following should be changed— safety conditions; development conditions. (sec.356-ssec.2) The chief executive may change the conditions. (sec.356-ssec.3) In deciding what the conditions should be, the chief executive may give the owner of the dam a notice requesting the owner give the chief executive, within the reasonable period stated in the notice— information that will help the chief executive to decide the conditions to be applied; and the fee prescribed under a regulation. (sec.356-ssec.4) The owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—200 penalty units. (sec.356-ssec.5) Without limiting subsection (3) , the notice may require the preparation of documents including a comprehensive report, by a registered professional engineer, on the design and operation of the dam. (sec.356-ssec.6) In changing the conditions, the chief executive must have regard to the guidelines, if any, made by the chief executive for applying safety conditions to a referable dam. (sec.356-ssec.7) If the chief executive changes the conditions, the chief executive must— give the owner of the dam an information notice about the changed safety conditions; and give the local government for the area a copy of the changed safety conditions. (sec.356-ssec.8) The change has effect from the day the notice is given. (sec.356-ssec.9) The chief executive’s power to change the conditions includes the power to add conditions. (sec.356-ssec.10) The changed safety conditions are taken to be conditions attaching to the development permit mentioned in section 355 (2) or (3) . - (a) safety conditions; - (b) development conditions. - (a) information that will help the chief executive to decide the conditions to be applied; and - (b) the fee prescribed under a regulation. - (a) give the owner of the dam an information notice about the changed safety conditions; and - (b) give the local government for the area a copy of the changed safety conditions.