PART 6

CIVIL ENFORCEMENT, EMERGENCY POWERS AND FURTHER OFFENCES

Stop notices

Stop notices
77
1
The Department may by regulations make provision as to the serving by it of stop notices on reservoir managers of controlled reservoirs.
2
Before making regulations under subsection (1), the Department must consult in accordance with section 90.
3
A stop notice is a notice prohibiting a reservoir manager of a controlled reservoir from doing any of the following until the manager has taken the steps specified in the notice—
a
carrying on an activity specified in the notice,
b
permitting the carrying on by another of an activity so specified.
4
Regulations under subsection (1) may confer power to serve a stop notice only in relation to a case where either—
a
the reservoir manager is carrying on the activity, or the activity is being carried on by another with the permission of the manager, and the Department reasonably considers that the activity as so carried on either—
i
presents a risk to the safety of the reservoir that may result in an uncontrolled release of water from it, or
ii
involves or is likely to involve the commission of an offence under this Act,
or
b
the Department considers that the reservoir manager is likely to carry on, or permit the carrying on of, the activity and that the activity as likely to be so carried on either—
i
will present a risk to the safety of the reservoir that may result in an uncontrolled release of water from it, or
ii
will involve, or is likely to involve, the commission of an offence under this Act.
5
Where the regulations confer power to serve a stop notice in a case where the Department reasonably considers as is specified in subsection (4)(a)(i) or (b)(i) (risk to safety)—
a
the Department must, before it exercises the power—
i
at its own expense commission an engineer who is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this section in relation to the reservoir,
ii
take into account any recommendation made by the engineer about the stop notice,
b
the steps specified in any such stop notice (in pursuance of subsection (3)) must be steps to remove or reduce the risk referred to in subsection (4)(a)(i) or (b)(i).
6
For the purposes of this section, permission includes acquiescence; and references to “permitting” and “permit” are to be construed accordingly.