Water Act 2000

Subsection (2) applies to the owner of a dam in existence at the commencement of this section and for which a licence was not granted under section 43 of the repealed Act.

The owner must have the dam failure impact assessed within 1 year after the commencement, if the dam is—

more than 8m in height and has a storage capacity of more than 500ML; or

more than 8m in height and has a storage capacity of more than 250ML and a catchment area that is more than 3 times its maximum surface area at full supply level.

A failure impact assessment completed under subsection (2) is taken to be a failure impact assessment completed under section 483(2).

Subsection (2) does not apply to the owner of a dam prescribed under a regulation.

A dam mentioned in the regulation—

is a referable dam; and

has the failure impact rating shown for the dam in the regulation.

The failure impact rating shown for the dam in the regulation is taken to be a failure impact assessment completed under section 483(2).

For section 483(8), the day the dam was prescribed is taken to be the day the last failure impact assessment was accepted by the chief executive.

If a failure impact assessment is completed and accepted by the chief executive for a dam for which a failure impact rating has been prescribed, the rating given under the assessment replaces the rating prescribed for the dam.