(1) The owner of a dam or the operator of a dam shall not construct a dam, alter a dam, operate a dam or maintain a dam unless that owner or operator has in place an Emergency Preparedness and Response Plan for that dam.

(2) The owner of the dam or the operator of the dam shall specify in the Emergency Preparedness and Response Plan,

(a) a detailed description of the dam, the catchment area of the dam and the downstream developments at the dam;

(b) a description of circumstances at the dam considered by the owner of the dam or the operator of the dam as conditions that affect the safety of the dam;

(c) guidelines for evaluating the conditions mentioned in paragraph (b) and the procedure to be followed in the conduct of the evaluation;

(d) particulars of persons and organisations to be notified in the event of an emergency;

(e) a description of any action to be taken to limit or mitigate the effect of a dam failure; and

(f) other information or particulars determined by the Commission in consultation with the National Disaster Management Organisation.

(3) The owner of a dam or the operator of a dam shall

(a) modify the operation of the dam or any part of the dam to be in conformity with the Emergency Preparedness and Pesponse Plan;

(b) promptly notify the Commission of the nature of an existing condition at the dam, any anticipated condition at the dam and any remedial measures taken by the owner or operator;

(c) inform the National Disaster Management Organisation of the nature of the condition; and

(d) take any hazard response action as directed by the National Disaster Management Organisation where a condition at the dam

(i) is hazardous to the dam or is likely to be hazardous to the dam; or

(ii) may reasonably be anticipated to cause a dam or a part of a dam to be potentially hazardous to public safety, property or the environment.

(4) The National Disaster Management Organisation shall, in the event of a dam failure, provide leadership and technical assistance based on the Emergency Preparedness and Response Plan for the dam.

(5) The Commission shall publish in the Gazette and a newspaper of national circulation technical guidelines on emergency preparedness and response procedures to be adhered to by a person who owns or operates a dam.

(6) A person who contravenes sub-regulation (1) or (3) commits an offence and is liable on summary conviction to a fine of not less than two hundred penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than one year and not more than two years or to both the fine and imprisonment.