WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 356
Changing conditions
WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 356
Changing conditions
356 Changing conditions
(1) This section applies for a referable dam if the chief executive is
satisfied either or both of the following should be changed—
(a) safety
conditions;
(b) development conditions.
(2) The chief executive may change
the conditions.
(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—
(a)
information that will help the chief executive to decide the conditions to be
applied; and
(b) the fee prescribed under a regulation.
(4) The owner must
comply with the notice unless the owner has a reasonable excuse.
Penalty—
Maximum penalty—200 penalty units.
(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.
(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.
(7) If the chief executive
changes the conditions, the chief executive must—
(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.
(8) The change has effect from the day the notice is given.
(9) The chief
executive’s power to change the conditions includes the power to add
conditions.
(10) The changed safety conditions are taken to be conditions
attaching to the development permit mentioned in section 355(2) or (3) .
