Dams Safety Act 2015

Dams Safety NSW may, by order in writing (an emergency order), declare that an emergency exists in respect of a declared dam if—

the dam has collapsed or failed in whole or in part, or

Dams Safety NSW is of the opinion that—

the dam is liable to collapse or fail in whole or in part, or

an emergency exists that constitutes an immediate threat to public health or public safety or that is causing or is likely to cause damage to property.

An emergency order has effect on and from the date specified in the order.

Unless it is sooner revoked, an emergency order continues in force for such period as is specified in the order.

An emergency order must be published in the Gazette as soon as practicable after it is made.

If an emergency order is in force in relation to a declared dam, Dams Safety NSW may do any one or more of the following things in relation to the dam—

take full charge and control of the dam, the area under, over and surrounding the dam and the water or other material impounded by the dam,

release or discharge the whole or such part as Dams Safety NSW thinks fit of the water or other material impounded by the dam,

carry out all such works and do all such things as, in the opinion of Dams Safety NSW, are necessary to make the dam safe,

demolish or remove the whole or any part of the dam or any work or structure on the dam, the water or other material impounded by the dam or the area under, over or surrounding the dam,

direct the owner of the dam, by order in writing, to take such measures as may be specified in the direction,

take such other measures as Dams Safety NSW thinks fit.

The owner of a declared dam who does not comply with a direction under subsection (5)(e) is guilty of an offence.

in the case of a corporation—10,000 penalty units and, in the case of a continuing offence, a further penalty of 1,200 penalty units for each day the offence continues, or

in the case of an individual—2,250 penalty units and, in the case of a continuing offence, a further penalty of 600 penalty units for each day the offence continues.

If the owner of a declared dam does not comply with a direction under subsection (5)(e), Dams Safety NSW or a person authorised by Dams Safety NSW may do all such things as may be necessary to give effect to the direction.

Dams Safety NSW may recover the costs and expenses incurred by it in the exercise of its functions under this section in respect of a declared dam from the owner of the declared dam as a debt in any court of competent jurisdiction.