sec.359ATaking immediate action about failure of dam

### sec.359A Taking immediate action about failure of dam This section applies if the chief executive is satisfied or reasonably believes— there is danger of the failure of a dam; and the failure is likely to pose a risk to safety or health of the public or an individual; and immediate action is necessary to prevent or minimise the impact of the failure. The chief executive may take reasonable steps or authorise an authorised officer to take reasonable steps to prevent or minimise the impact of the failure. Subsection (2) applies even if the chief executive has given a notice under section 359 about the failure. If the chief executive decides to take the reasonable steps, or authorise an authorised officer to take the reasonable steps, the chief executive or officer may— without a warrant, enter any place, other than premises or a part of premises where a person resides, to take the steps; and in taking the steps, exercise any powers of an authorised officer under chapter 5 , part 2 , 3 or 4 . Before entering the place— the chief executive must do or make a reasonable attempt to— tell the occupier of the place the chief executive is permitted under this Act to enter the place; and give the occupier an opportunity to allow the chief executive immediate entry to the place without using force; or the authorised officer must do or make a reasonable attempt to— comply with section 405 (1) ; and tell the occupier of the place the officer is permitted under this Act to enter the place; and give the occupier an opportunity to allow the officer immediate entry to the place without using force. The chief executive or authorised officer may exercise the powers mentioned in subsection (4) at the time, with the help, and using the force, that is necessary and reasonable in the circumstances. In exercising or attempting to exercise the powers relating to a place, the chief executive or authorised officer must take all reasonable steps to ensure the chief executive or officer causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances. Any reasonable expenses incurred by the chief executive or an authorised officer in doing anything under subsection (4) may be recovered by the chief executive as a debt. A debt under subsection (8) bears interest at the rate stated in a regulation. s 359A ins 2010 No. 20 s 160 (sec.359A-ssec.1) This section applies if the chief executive is satisfied or reasonably believes— there is danger of the failure of a dam; and the failure is likely to pose a risk to safety or health of the public or an individual; and immediate action is necessary to prevent or minimise the impact of the failure. (sec.359A-ssec.2) The chief executive may take reasonable steps or authorise an authorised officer to take reasonable steps to prevent or minimise the impact of the failure. (sec.359A-ssec.3) Subsection (2) applies even if the chief executive has given a notice under section 359 about the failure. (sec.359A-ssec.4) If the chief executive decides to take the reasonable steps, or authorise an authorised officer to take the reasonable steps, the chief executive or officer may— without a warrant, enter any place, other than premises or a part of premises where a person resides, to take the steps; and in taking the steps, exercise any powers of an authorised officer under chapter 5 , part 2 , 3 or 4 . (sec.359A-ssec.5) Before entering the place— the chief executive must do or make a reasonable attempt to— tell the occupier of the place the chief executive is permitted under this Act to enter the place; and give the occupier an opportunity to allow the chief executive immediate entry to the place without using force; or the authorised officer must do or make a reasonable attempt to— comply with section 405 (1) ; and tell the occupier of the place the officer is permitted under this Act to enter the place; and give the occupier an opportunity to allow the officer immediate entry to the place without using force. (sec.359A-ssec.6) The chief executive or authorised officer may exercise the powers mentioned in subsection (4) at the time, with the help, and using the force, that is necessary and reasonable in the circumstances. (sec.359A-ssec.7) In exercising or attempting to exercise the powers relating to a place, the chief executive or authorised officer must take all reasonable steps to ensure the chief executive or officer causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances. (sec.359A-ssec.8) Any reasonable expenses incurred by the chief executive or an authorised officer in doing anything under subsection (4) may be recovered by the chief executive as a debt. (sec.359A-ssec.9) A debt under subsection (8) bears interest at the rate stated in a regulation. - (a) there is danger of the failure of a dam; and - (b) the failure is likely to pose a risk to safety or health of the public or an individual; and - (c) immediate action is necessary to prevent or minimise the impact of the failure. - (a) without a warrant, enter any place, other than premises or a part of premises where a person resides, to take the steps; and - (b) in taking the steps, exercise any powers of an authorised officer under chapter 5 , part 2 , 3 or 4 . - (a) the chief executive must do or make a reasonable attempt to— (i) tell the occupier of the place the chief executive is permitted under this Act to enter the place; and (ii) give the occupier an opportunity to allow the chief executive immediate entry to the place without using force; or - (i) tell the occupier of the place the chief executive is permitted under this Act to enter the place; and - (ii) give the occupier an opportunity to allow the chief executive immediate entry to the place without using force; or - (b) the authorised officer must do or make a reasonable attempt to— (i) comply with section 405 (1) ; and (ii) tell the occupier of the place the officer is permitted under this Act to enter the place; and (iii) give the occupier an opportunity to allow the officer immediate entry to the place without using force. - (i) comply with section 405 (1) ; and - (ii) tell the occupier of the place the officer is permitted under this Act to enter the place; and - (iii) give the occupier an opportunity to allow the officer immediate entry to the place without using force. - (i) tell the occupier of the place the chief executive is permitted under this Act to enter the place; and - (ii) give the occupier an opportunity to allow the chief executive immediate entry to the place without using force; or - (i) comply with section 405 (1) ; and - (ii) tell the occupier of the place the officer is permitted under this Act to enter the place; and - (iii) give the occupier an opportunity to allow the officer immediate entry to the place without using force.