Section 140 — Building Act 2004: Requirement for dam safety assurance programme

140 Requirement for dam safety assurance programme (1) This section applies to an owner of a dam that has been classified under section 134 , or reclassified under section 139 , as— (a) a medium potential impact dam; or (b) a high potential impact dam. (2) An owner to whom this section applies must— (a) prepare, or arrange for the preparation of, a dam safety assurance programme for the dam; and (b) submit the dam safety assurance programme to a recognised engineer for audit. (3) A person commits an offence if the person fails to comply with subsection (2) . (4) A person who commits an offence under this section is liable to a fine not exceeding $20,000. (5) To avoid doubt, a person may do both of the following in respect of the same dam if the person is a recognised engineer: (a) prepare the dam safety assurance programme for that dam; and (b) audit the dam safety assurance programme for that dam.