Reservoir offences

Options available to reservoir offences we regulate

In this section

 

Reservoirs Act 1975

Section 6(1)

Construction or enlargement of a large raised reservoir without the appointment of a construction engineer to design and supervise the construction or alteration of the reservoir. Also includes a reservoir being brought back into use after abandonment.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 6(2)

Using a new large raised reservoir other than as stated on the certificate of the construction engineer.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 6(3)

Using a large raised reservoir constructed by the alteration of an existing reservoir that is not a large raised reservoir other than as stated on the certificate of the construction engineer.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 6(4)

Using a large raised reservoir constructed by the alteration so as to increase its capacity, from the time the construction engineer first gives a certificate other than as stated on the certificate of the construction engineer.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 6(5)

Supervision of qualified civil engineer (QCE) until final certificate issued.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 8(3)

Non-compliance with requirements for the construction or enlargement of a large raised reservoir, subject to the undertaker referring the matter to a referee, failing to put into effect measures in the interests of safety.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 9(1)

Bringing a large raised reservoir that has been abandoned back into use as a reservoir without a qualified civil engineer making a report on it and
supervising the reservoir until issue of a final certificate.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 9(2)

Using a large raised reservoir, which has been abandoned, other than in accordance with the certificate of the engineer.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 9(3)

Re-using a large raised reservoir, subject to the undertaker referring the matter to a referee, without putting into effect any recommendations made by the QCE employed to inspect the reservoir and report on it.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 10(1)

Failing to have a large raised reservoir inspected and a report prepared.

Standard criminal and offence specific responses

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 10(6)

Subject to any reference of the matter to a referee, failing to put into effect the recommendations made as to measures to be taken in the interests of
safety.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 11(1)

Failing to keep the records or install the instruments required to obtain the records.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 11(2)

Failing to keep the record of information in the manner and at the intervals directed by the construction engineer (QCE) or inspecting engineer.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 12(1)

Failing to appoint a supervising engineer.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 13(1)

Altering a reservoir in order to render it incapable of holding more than 25,000 m3 of water without employing a QCE to design or approve and supervise the alteration.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 13(3)

Operating a reservoir as if it were discontinued without the alteration having been made and a certificate given.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 14(1)

For an abandoned reservoir, failing to obtain from a qualified civil engineer a report as to the measures (if any) that ought to be taken in the interests of safety to secure that the reservoir is incapable of filling accidentally or naturally with water or is only capable of doing so to an extent that does not constitute a risk.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 14(2)

Subject to any reference to a referee, failing to put into effect any recommendation as to the measures to be taken in the interests of safety, before the reservoir is abandoned or as soon as practicable afterwards.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 21(1)(a)

Failure to give notice to enforcement authority to construct a large raised reservoir (whether as a new reservoir or by alteration of an existing reservoir that is not a large raised reservoir), or to alter a large raised reservoir so as to increase its capacity, including the appointment of a construction engineer.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 21(1)(b)

Failure to give notice to enforcement authority as to bring a large raised reservoir back in to use as a reservoir after that use has been abandoned.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 21(2)

Failure to inform enforcement authority as to abandonment, where the use of a large raised reservoir as a reservoir is abandoned.

Standard criminal and offence specific responses.

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 21(3)

Failure to inform enforcement authority as to appointment or cessation of a supervising engineer.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 21(4)

Failure to inform enforcement authority as to appointment of an inspecting engineer.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 22(1)(a)

Unless there is reasonable excuse for the default or failure, the undertaker shall be guilty of an offence, if by wilful default, any of the provisions of the
sections 6, 8(3), 9(1), 9(2), 9(3), 10(1), 10(6), 11, 12(1), 13, 14(1) or 14(2) are not observed or complied with.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 22(1)(b)

Unless there is a reasonable excuse for the default or failure, the undertaker shall be guilty of an offence, if they fail to comply with a notice from the enforcement authority under Sections 8, 9, 10, 12 or 14.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 22(2)

It is an offence for the Undertaker to fail without reasonable excuse, to give in due time any notice required by the Act to the enforcement authority.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 22(3)

If the undertaker or persons employed by them without reasonable excuse refuse or knowingly fail to afford to any persons the facilities required by Section 21(5) or to furnish to any person the information and particulars so required.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 22(4)

If for the purposes of Section 21(5) a person makes use of any document or furnishes any information or particulars which they know to be false in a material respect, or recklessly make use of any document or furnish any information or particulars which is or are false in a material respect, they shall be guilty of an offence.

Standard criminal and offence specific responses.

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.