WATER ACT 2000 - SECT 1069 Failure impact assessing licensed dams not prescribed

WATER ACT 2000 - SECT 1069

1069 Failure impact assessing licensed dams not prescribed

(1) Subsection (2) applies to a dam if—

(a) a licence was granted under section 43 of the repealed Act for the dam; and

(b) the dam is not a dam prescribed under a regulation for section 1068; and

(c) the dam is—

(i) more than 8m in height and has a storage capacity of more than 500ML; or

(ii) more than 8m in height and has a storage capacity of more than 250ML and a catchment area that is more than 3 times its maximum surface area at full supply level.

(2) On the commencement of this section—

(a) the dam is a referable dam; and

(b) the licence, including its conditions that related to the safety of the dam, is taken to be a development permit.

(3) The owner of each dam mentioned in subsection (2) must ensure a failure impact assessment for the dam is completed in accordance with chapter 3, part 6 and given to the chief executive within 5 years after the commencement.

Penalty—

Maximum penalty—1,665 penalty units.

(4) A failure impact assessment completed under subsection (3) is taken to be a failure impact assessment completed under section 483(2).

(5) Subsection (3) does not apply if the chief executive gives the owner of the dam a notice under section 483(2) before the dam is failure impact assessed under subsection (3).

(6) If the dam is assessed as not having a category 1 or category 2 failure impact rating under subsection (3) or for an assessment mentioned in subsection (5)—

(a) the dam is no longer a referable dam; and

(b) the development permit is no longer subject to the conditions about the safety of the dam.