WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 381 Authorisation to observe alternative procedure if chief executive can not be contacted

WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 381

381 Authorisation to observe alternative procedure if chief executive can not be contacted

(1) This section applies if the owner of the dam—

(a) makes reasonable efforts to contact the chief executive to give the chief executive the authorisation request information for the alternative procedure; but

(b) can not contact the chief executive within a reasonable time to respond effectively to the flood event.

(2) This section also applies if—

(a) the owner of the dam contacts the chief executive to give the chief executive the authorisation request information for the alternative procedure; but

(b) before the chief executive can advise the owner of the dam of the chief executive’s decision on the request, contact with the executive is lost and can not be re-established within the time by which the owner would need a decision on the request.

(3) The alternative procedure is also an
"authorised alternative procedure" .

(4) However, the owner of the dam must, as soon as practicable after failing to contact, or losing contact with, the chief executive—

(a) record the authorisation request information in writing; and

(b) give the information to the chief executive.

(5) For subsection (1) (b) , contact with the chief executive is not established until the chief executive acknowledges receipt of the authorisation request information.

(6) For subsection (2) , contact with the chief executive is lost if the owner of the dam reasonably believes the chief executive is no longer able to respond to the owner.