WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 638 Provision for carrying out particular failure impact assessments

WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 638

638 Provision for carrying out particular failure impact assessments

(1) This section applies to the owner of a dam to which former section 345 (2) applied immediately before the commencement.

(2) Subject to this section, former section 345 (2) continues to apply to the owner of the dam until the owner first receives a notice about the dam under new section 350 .

(3) The chief executive may, by notice given to the owner, extend the period under former section 345 (2) within which the owner must ensure another failure impact assessment of the dam is completed and given to the chief executive.

(4) The notice must state the period within which the assessment must be completed and given to the chief executive.

(5) The chief executive may give a notice under subsection (3) if, having regard to the last failure impact assessment of the dam and any other information the chief executive considers appropriate, the chief executive reasonably believes a further failure impact assessment would not change the dam’s failure impact rating, or give the dam a failure impact rating, under this Act.

(6) If the chief executive gives the owner a notice under this section, former section 345 (2) continues to apply to the owner as if the reference in that section to 5 years after the last failure impact assessment was accepted by the chief executive were a reference to the period stated in the notice.

(7) In this section—


"commencement" means the day this section commences.


"former section 345" means that section as in force immediately before the commencement.


"new section 350" means section 350 as in force after the commencement.