(i) the dam is liable to collapse
or fail in whole or in part, or
(ii) an emergency exists that constitutes an
immediate threat to public health or public safety or that is causing or is
likely to cause damage to property.
(2) An emergency order has effect on and
from the date specified in the order.
(3) Unless it is sooner revoked, an
emergency order continues in force for such period as is specified in the
order.
(4) An emergency order must be published in the Gazette as soon as
practicable after it is made.
(a) take full charge and control of
the dam, the area under, over and surrounding the dam and the water or other
material impounded by the dam,
(b) release or discharge the whole or such
part as Dams Safety NSW thinks fit of the water or other material impounded by
the dam,
(c) carry out all such works and do all such things as, in the
opinion of Dams Safety NSW, are necessary to make the dam safe,
(d) demolish
or remove the whole or any part of the dam or any work or structure on the
dam, the water or other material impounded by the dam or the area under, over
or surrounding the dam,
(e) direct the owner of the dam, by order in writing,
to take such measures as may be specified in the direction,
(6) The owner of a declared dam
who does not comply with a direction under subsection (5)(e) is guilty of an
offence.
: Maximum penalty--
(a) in the case of a corporation--10,000 penalty
units and, in the case of a continuing offence, a further penalty of 1,200
penalty units for each day the offence continues, or
(b) in the case of an
individual--2,250 penalty units and, in the case of a continuing offence, a
further penalty of 600 penalty units for each day the offence continues.
(7)
If the owner of a declared dam does not comply with a direction under
subsection (5)(e), Dams Safety NSW or a person authorised by Dams Safety NSW
may do all such things as may be necessary to give effect to the direction.
