This section requires the Department to take the adverse consequence and probability of an uncontrolled release of water into account when considering making a structure or area a controlled reservoir by regulation under section 2(3). The process and criteria to be used are the same as that to determine the reservoir designation for a controlled reservoir and detailed in section 22. Subsection (4) requires consultation when making any regulations specifying other matters to be taken into account.
Commentary on Sections Part 1 – Controlled Reservoirs, Registration and Reservoir Designation Section 3 – Matters to be taken into account under section 2(3)