PART 5DISPUTE REFERRAL
64Powers of referee: referral under section 61(2)
1
This section applies where a referral is made under section 61(2).
2
The referee may make such modifications (if any) as the referee considers appropriate to the direction or recommendation.
3
Where the referee makes any such modification, the referee—
a
must modify the report which contains the direction or recommendation,
b
where the report is a safety report, must make any necessary modification to any safety measure certificate given in relation to the report,
c
where the report is an inspection report and the referral was made in respect of a direction in it as to ensuring the taking of a measure in the interests of the safety of the reservoir, must make any necessary modification to any interim inspection compliance certificate given in relation to the report.
4
The referee must take the steps mentioned in subsection (5) not later than 28 days after making a decision under subsection (2).
5
The steps are—
a
to give the reservoir manager and the relevant engineer a certificate (a “referral certificate”) stating—
i
whether the referee has modified the report,
ii
any modification made,
b
where the referee has modified the report or any safety measure certificate or interim inspection compliance certificate, to give the reservoir manager and the relevant engineer a copy of the modified report and any such modified certificate,
c
to give the Department a copy of the referral certificate and any modified report and any such modified safety measure certificate or interim inspection compliance certificate.
6
A direction, recommendation, report, safety measure certificate or interim inspection compliance certificate modified under this section has effect as so modified.
7
In subsection (3)(b) and (c), “any necessary modification” means any modification the referee considers is necessary in relation to any measure specified in the certificate as a measure yet to be taken.