Part 2Building
Safety of dams: Dam compliance certificate
150Owner of dam must supply annual dam compliance certificate
An owner of a dam for which a dam safety assurance programme has been approved, or is deemed to have been approved, must supply to the regional authority a dam compliance certificate in accordance with subsection (2).
The dam compliance certificate must—
- be supplied on each anniversary of the approval, or deemed approval, of the dam safety assurance programme; and
- state that, except for the identified, minor items of non-compliance, all procedures in the dam safety assurance programme have been fully complied with during the previous 12 months; and
- be signed by,—
- if the owner is an individual, that individual; or
- if the owner is a body corporate, the chief executive of that body corporate or, if there is no chief executive, a person with an equivalent position in the body corporate; and
- if the owner is an individual, that individual; or
- be in the prescribed form; and
- contain the prescribed information; and
- have attached to it a certificate from an engineer that—
- confirms that—
- the engineer has reviewed the owner's reports and other documents relating to the procedures in the dam safety assurance programme that the owner has followed in the previous 12 months; and
- except for the identified, minor items of non-compliance, all procedures in the dam safety assurance programme have been complied with during the previous 12 months; and
- the engineer has reviewed the owner's reports and other documents relating to the procedures in the dam safety assurance programme that the owner has followed in the previous 12 months; and
- states that the engineer is a recognised engineer; and
- has attached to it evidence that the engineer is a recognised engineer.
- confirms that—
A person commits an offence if the person—
- fails to supply to the regional authority a dam compliance certificate in accordance with subsection (2); or
- supplies such a certificate, knowing that it is false or misleading in any respect.
A person who commits an offence against subsection (3)(a) is liable on conviction,—
- in the case of an individual, to a fine not exceeding $20,000:
- in the case of a body corporate, to a fine not exceeding $60,000.
A person who commits an offence against subsection (3)(b) is liable on conviction,—
- in the case of an individual, to a fine not exceeding $50,000:
- in the case of a body corporate, to a fine not exceeding $150,000.
-
Notes
- Section 150(2)(b): replaced, on , by section 46(1) of the Building Amendment Act 2013 (2013 No 100).
- Section 150(2)(f)(i)(B): replaced, on , by section 46(2) of the Building Amendment Act 2013 (2013 No 100).
- Section 150(3): replaced, on , by section 22 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).
- Section 150(4): replaced, on , by section 22 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).
- Section 150(5): replaced, on , by section 22 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).
- Section 150(6): repealed, on , by section 22 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).