Prospective
Offences: supervision, inspection, record keepingN.I.
Offences: supervision, inspection, record keepingN.I.
38—(1) Failure by a reservoir manager of a high-consequence or medium-consequence reservoir to comply with any of the following requirements under this Part is an offence—
(a)the requirements of section 25(2) (commissioning of supervising engineer),
(b)the requirements of section 28(1) (compliance with direction of supervising engineer under section 26(4)(a) as to carrying out of visual inspection of reservoir),
(c)the requirements of section section 28(2)(a) (maintenance of written record of each such visual inspection),
(d)the requirements of section 28(2)(c) (notice to supervising engineer and Department of anything that might affect the safety of the reservoir identified during visual inspection directed under section 26(4)(a)),
(e)the requirements of section 30, 31, 32 or 34(1)(a) or (b) (securing required inspections and supervision by inspecting engineer and commissioning of inspecting engineer),
(f)the requirements of section 37 (including those of regulations under subsection (2) of that section) (recording of water levels and other matters).
(2) A reservoir manager of a high-consequence or medium-consequence reservoir who fails, without reasonable excuse, to comply with any of the following requirements under this Part commits an offence—
(a)the requirements of section 25(4) (notice to Department of commissioning of supervising engineer),
(b)the requirements of section 26(8)(a) or (b) (giving supervising engineer copy of pre-commencement inspection report and any pre-commencement inspection report certificate),
(c)the requirements of section 34(2) (notice to Department of commissioning of inspecting engineer),
(d)the requirements of section 35(2) (giving inspecting engineer copy of latest report, any pre-commencement inspection report certificate, interim inspection compliance certificate, inspection compliance certificate and final certificate),
(e)the requirements of section 36(2)(b) (notice to Department of commissioning of any other qualified engineer).
(3) A reservoir manager guilty of an offence under subsection (1) or (2)—
(a)in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,
(b)in relation to a controlled reservoir which is, at the time the offence is committed, a medium-consequence reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Offence in connection with inspection: failure to secure compliance with safety direction or recommendationN.I.
39—(1) Failure by a reservoir manager of a high-consequence or medium-consequence reservoir without lawful excuse to comply with the requirements of section 36(1) (ensuring compliance with direction in inspection report or pre-commencement safety recommendation as to taking of measure) is an offence.
(2) A reservoir manager guilty of an offence under subsection (1)—
(a)in relation to a controlled reservoir which is, at the time the offence is committed, a high- consequence reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,
(b)in relation to a controlled reservoir which is, at the time the offence is committed, a medium-consequence reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) Section 74 makes provision as to further remedies available on conviction of an offence referred to in subsection (1).
Defences: offence under section 39(1)N.I.
40 It is a defence to a charge in proceedings under section39(1) for the person to show both—
(a)that the failure to comply with the requirement concerned was as a result of an event which could not reasonably have been foreseen or any natural cause or force majeure which was exceptional and could not reasonably have been foreseen, and
(b)that the person—
(i)took all practicable steps to prevent an uncontrolled release of water from the reservoir,
(ii)took all practicable steps as soon as was reasonably practicable to rectify the failure,
(iii)provided particulars of the failure to the Department as soon as practicable after the failure arose.