(1) The chief executive may, by notice, direct the owner of land on which the
part of the dam where the action is necessary is situated (the
"emergency part" ), or the operator of the dam, to take stated reasonable
action within a stated reasonable period.
(2) The notice—
(a) is taken to
be a compliance notice; and
(b) if the emergency part is land other than land
mentioned in paragraph (c) —attaches to the land and binds the owner of the
land and the owner’s successors in title; and
(c) if the emergency part is
land leased from the State under the Land Act 1994—is taken to be a
remedial action notice under the Land Act 1994, other than for the purposes
of a review of, or an appeal against, the decision to give the notice.
Note—
See chapter 7 (Review, appeals and arbitration).
(3) The person to whom the
notice is given, and any person bound by the notice under subsection (2) (b) ,
must comply with the notice unless the person has a reasonable excuse.
Penalty—
Maximum penalty—1,665 penalty units.
(4) Subsection (3)
does not apply if the person to whom the notice is given—
(a) gives the
chief executive notice that the person intends to remove the dam; and
(b)
complies with the intention in accordance with any direction given by the
chief executive.
