Water Management Act 1999

The Minister may issue a dam operating notice in relation to the operation of a dam for any one or more of the following purposes:to ensure that there is no significant adverse impact on other water users; to prevent pollution of water; to protect the environment, including the riverine and riparian environments; to prevent the inundation of land not owned by the owner of the dam.

A dam operating notice may be issued – at the time an application for a Division 3 permit is granted and the permit issued or at any other time and whether or not a Division 3 permit is in force; and to the owners of the dam or one or more authorised operators of the dam.

If a dam operating notice is issued to a person at the same time that an application for a Division 3 permit is granted and the permit is issued to that person, that person may combine an application for a review of, or an appeal against, the notice and an application for a review of, or appeal against, the permit or its conditions into a single application for a review or an appeal under Part 14.

If there is more than one owner of a dam, or more than one authorised operator of a dam, on whom the same dam operating notice is issued, the owners, or the authorised operators, are jointly and severally liable for compliance with the notice.

If a dam operating notice and an authorisation are inconsistent, the dam operating notice prevails over the authorisation to the extent of the inconsistency.

The Minister, by notice in writing served on a person to whom a dam operating notice has been issued, may do one or more of the following:amend the dam operating notice by extending the period for which it is in force; amend the dam operating notice by adding a new requirement or condition or varying or omitting an existing requirement or condition; revoke the dam operating notice.

A dam operating notice and a notice under subsection (6) take effect on the day specified in the notice.