Water Management Act 1999

Where it appears to the Minister that a dam is unsafe or is in imminent danger of becoming unsafe or there is a high risk of an incident, the Minister may, by notice in writing, require the owner of the dam or the person in control of the dam at the relevant time to do such things as are specified or described in the notice as may be reasonably necessary to ensure the safety of the dam.

A person must comply with a notice under subsection (1). In the case of – a body corporate, a fine not exceeding 500 penalty units and a daily fine not exceeding 50 penalty units for each day during which the offence continues; and a natural person, a fine not exceeding 200 penalty units and a daily fine not exceeding 20 penalty units for each day during which the offence continues.

Where it appears to the Minister that anything done or proposed to be done to, or in respect of, a dam or in the vicinity of a dam by its owner or any other person may increase the dam's safety risk, the Minister may, by notice in writing, require the owner or other person, as the case may be, to do such things as are specified or described in the notice as may be reasonably necessary to ensure the safety of the dam.

A person must comply with a notice under subsection (3). In the case of – a body corporate, a fine not exceeding 500 penalty units and a daily fine not exceeding 50 penalty units for each day during which the offence continues; and a natural person, a fine not exceeding 200 penalty units and a daily fine not exceeding 20 penalty units for each day during which the offence continues.

If a person fails to comply with a notice under this section – the Minister may authorise another person to enter on the land on which the dam is situated and take the action specified in the notice and such other action as may be necessary or desirable to ensure the safety of persons or the relevant dam or other property; and any costs reasonably incurred by or on the Minister's behalf pursuant to paragraph (a) are recoverable in a court of competent jurisdiction as a debt due to the Crown from the person failing to comply with the notice.

If the Minister considers that a person will be unable to execute an authorisation under subsection (5) without entering on land other than that on which the dam is situated, the authorisation may authorise that entry.

A person entering on any land pursuant to an authorisation under subsection (5) must – make reasonable attempts to notify the owner or occupier of the entry; and cause as little disruption as possible consistent with the actions required to be taken; and do whatever can be practicably done in the circumstances by way of temporary measures to maintain the owner's or occupier's level of protection as regards trespass and, if applicable, loss of stock; and to such extent as may be practicable without jeopardising the safety of any persons, dams or property, make good any damage.

If, as a result of taking any action specified or described in a notice under this section, a dam becomes unsuitable for its intended purpose and is rendered permanently safe, any permit or licence granted in respect of the dam under this or any other Act is of no effect.