Water Act 1989

The Minister, by written notice, may direct the owner of any public or private dam to do any of the following if the Minister decides that the dam is or is likely to be hazardous to public safety, property or the environment because of its location or the nature of its construction—

make specified repairs or alterations to the dam;

take specified measures to keep the dam under surveillance;

remove the dam.

The Minister, by written notice, may direct the proposed owner of any proposed public or private dam to do any of the following if the Minister decides that the dam is or is likely to be hazardous to public safety, property or the environment because of its proposed location or the nature of its proposed construction—

resite the dam;

build the dam to specified standards;

refrain from building the dam.

This section applies to any public or private dam, whether or not the dam is located on a waterway.

Without limiting any power to give directions under this section, the Governor in Council may make regulations for or with respect to regulating the planning, construction, surveillance, operation and maintenance of any dam or class of dams.

The regulations made under subsection (3A) may apply both to existing dams and to proposed dams.

Without limiting subsection (3A), the regulations made under that subsection may provide for any matter that may be the subject of conditions under section 71.

A notice giving a direction under subsection (1) must contain details of the circumstances that, in the opinion of the Minister, warrant the giving of the direction.

The giving or not giving of directions under this section does not make the Minister or the Crown liable in respect of a flow of water from a dam.