sec.399BDam owner may reduce full supply level in certain circumstances

### sec.399B Dam owner may reduce full supply level in certain circumstances This section applies if a dam owner believes, based on advice of a registered professional engineer, that there is an unacceptable risk of a failure of a dam if it operates at the full supply level stated in the resource operations licence for the dam. The owner may reduce the full supply level of the dam to the level (the reduced full supply level ) that lowers the risk of a failure of the dam, having regard to the advice of the registered professional engineer. Under the Water Act 2000 , section 813 (3) (c) (i) and (4) (b) , if the full supply level for the dam is reduced, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the reduced full supply level. Under the Water Act 2000 , section 813 (3) (c) and (4) (c) , if both a declaration is in force for a temporary full supply level for the dam under chapter 4 , part 3 of this Act, and the full supply level of the dam is reduced under this part, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level under section 390 (2) and the reduced full supply level. The owner must, as soon as practicable after reducing the full supply level, give notice of the reduced full supply level to— the chief executive; and if the Water Act , section 813 is not administered in the department—the chief executive of the department in which the section is administered. The notice must— include the reasons why it is necessary to operate the dam at the reduced full supply level; and include the period for which it is necessary to operate the dam at the reduced full supply level; and be accompanied by a copy of the registered professional engineer’s advice about the reduced full supply level. To remove any doubt, it is declared that, if a dam owner reduces the full supply level for a dam under subsection (2) , the owner may operate the dam at the reduced full supply level, including, for example, by releasing water from the dam to maintain the reduced full supply level. No compensation is payable to any person because of the operation of this section. In this section— unacceptable risk , of a failure of a dam, means a risk that is not acceptable under a guideline about the flood capacity of dams made under section 572 . s 399B ins 2017 No. 11 s 28 amd 2020 No. 14 s 217 (sec.399B-ssec.1) This section applies if a dam owner believes, based on advice of a registered professional engineer, that there is an unacceptable risk of a failure of a dam if it operates at the full supply level stated in the resource operations licence for the dam. (sec.399B-ssec.2) The owner may reduce the full supply level of the dam to the level (the reduced full supply level ) that lowers the risk of a failure of the dam, having regard to the advice of the registered professional engineer. Under the Water Act 2000 , section 813 (3) (c) (i) and (4) (b) , if the full supply level for the dam is reduced, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the reduced full supply level. Under the Water Act 2000 , section 813 (3) (c) and (4) (c) , if both a declaration is in force for a temporary full supply level for the dam under chapter 4 , part 3 of this Act, and the full supply level of the dam is reduced under this part, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level under section 390 (2) and the reduced full supply level. (sec.399B-ssec.3) The owner must, as soon as practicable after reducing the full supply level, give notice of the reduced full supply level to— the chief executive; and if the Water Act , section 813 is not administered in the department—the chief executive of the department in which the section is administered. (sec.399B-ssec.4) The notice must— include the reasons why it is necessary to operate the dam at the reduced full supply level; and include the period for which it is necessary to operate the dam at the reduced full supply level; and be accompanied by a copy of the registered professional engineer’s advice about the reduced full supply level. (sec.399B-ssec.5) To remove any doubt, it is declared that, if a dam owner reduces the full supply level for a dam under subsection (2) , the owner may operate the dam at the reduced full supply level, including, for example, by releasing water from the dam to maintain the reduced full supply level. (sec.399B-ssec.6) No compensation is payable to any person because of the operation of this section. (sec.399B-ssec.7) In this section— unacceptable risk , of a failure of a dam, means a risk that is not acceptable under a guideline about the flood capacity of dams made under section 572 . - 1 Under the Water Act 2000 , section 813 (3) (c) (i) and (4) (b) , if the full supply level for the dam is reduced, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the reduced full supply level. - 2 Under the Water Act 2000 , section 813 (3) (c) and (4) (c) , if both a declaration is in force for a temporary full supply level for the dam under chapter 4 , part 3 of this Act, and the full supply level of the dam is reduced under this part, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level under section 390 (2) and the reduced full supply level. - (a) the chief executive; and - (b) if the Water Act , section 813 is not administered in the department—the chief executive of the department in which the section is administered. - (a) include the reasons why it is necessary to operate the dam at the reduced full supply level; and - (b) include the period for which it is necessary to operate the dam at the reduced full supply level; and - (c) be accompanied by a copy of the registered professional engineer’s advice about the reduced full supply level.