Summary of proposed changes

Dams Safety NSW has had difficulty identifying appropriate contact details for the owners of some declared dams, resulting in delays and other challenges in the administration of the Act.

It is proposed that a declared dam owner must provide Dams Safety NSW with the name and contact details of a contact person.

It is proposed that the nominated person:

• must be part of the dam owner’s organisation (whether a director, manager or other employee)
• reasonably available to be contacted by Dams NSW for the purposes of Dams NSW exercising its functions in relation to the dam and
• may be nominated in respect of one or more dams.

The owner of a declared dam must give Dams Safety NSW the name and contact details of the contact person for the dam within 14 days after the person is nominated.

It is proposed that this amendment would commence on 1 November 2021.

Clause 14 of the regulation states;

1. "The owner of a declared dam must establish and implement a dam safety management system for the dam in accordance with this Part."

There is currently no requirement for a declared dam owner to nominate an individual who is responsible for ensuring compliance with the dam safety management system

It is proposed that the dam safety management system specify an individual who is responsible for ensuring compliance with the dam safety management system.

The individual:

1. must be authorised by the declared dam owner to do all things necessary to ensure compliance with the dam safety management system and
2. may be nominated for one or more dams. The dam safety management system document for a dam must be updated within 14 days after a change in the name or contact details of the individual.

It is proposed that this amendment would commence on 1 November 2021.

Clause 15 of the regulation states:

"Assessment of societal and individual risk rating

1. The owner of a declared dam (other than a proposed dam) must use the risk management framework under clause 14 to produce a written report on all foreseeable risks to the dam—
1. at least once every 5 years, and
2. if a major change is proposed to be made to the dam, at the time that the change is being designed that takes into account the proposed change, and
3. if required to do so by Dams Safety NSW.
2. The owner of a declared dam that is a proposed dam must use the risk management framework under clause 14 to produce a written report on all foreseeable risks to the dam at the time that the dam is being designed
3. In preparing a report under this clause, the dam owner must also set out in the report—
1. the societal risk rating and the highest individual risk rating of the dam calculated in accordance with the Societal and Individual Risk Rating Methodology published in Gazette No 137 of 8 November 2019, and
2. an explanation as to any assumptions made in making that calculation."

There is currently no requirement for the societal risk rating to be carried out by a competent person and no requirement for the societal risk rating calculation to be reviewed by an independent competent person

It is proposed that the calculation for the assessment of the risk rating of a dam be carried out by a competent person.

For high or extreme consequence dams it is proposed that the calculation for the assessment of the risk rating of a dam be reviewed by an independent competent person.

Clause 20 (1) of the regulation states:

(1) The owner of a declared dam must ensure that a safety review to assess the overall safety of the dam is undertaken by a competent person.

and sub-clause 20 (6) states:

(6) A safety review of a dam in any of the following consequence categories must be independently reviewed by a competent person who has not been involved in the safety review process —

1. extreme consequence,
2. high A consequence,
3. high B consequence,
4. high C consequence.

There is no current requirement for the competent person carrying out a safety review to have all the required competencies for the safety review. There is also no requirement for more than one competent person to carry out the safety review to ensure coverage of all the relevant specialties.

For the independent review of the safety review, there is no current requirement for the independent competent person to have all the required competencies for the independent review.

For high or extreme consequence category dams, it is proposed that the safety review must involve a panel of not less than three competent persons, rather than an individual competent person, as is currently required.

In addition, for high or extreme consequence category dams, it is proposed that the review of the safety review be conducted by a panel of competent persons.

The panel must, collectively, have persons with experience, training or professional qualifications in relation to each of the relevant specialties in relation to the dam.

It is proposed that this amendment would commence on 1 November 2021.

Clause 24 of the regulation states:

24 Competent person must check work involving dam design

The owner of a declared dam that is classified as being in any of the following categories must ensure that work involving designing the dam (or any major modification to the dam) is reviewed by a competent person who has not been involved in the work and is independent of any person who has carried out the work—

1. extreme consequence,
2. high A consequence,
3. high B consequence,
4. high C consequence.

There is no current requirement for the competent person carrying out a check of a design to have all the required competencies for the check.

For high or extreme consequence category dams, it is proposed that the check of the design must involve a panel of not less than three competent persons, rather than an individual competent person as is currently required.

The panel must, collectively, have persons with experience, training or professional qualifications in relation to each of the relevant specialties in relation to the dam.

It is proposed that this amendment would commence on 1 November 2021.

Clause 12 (2) of the regulation states:

"The dam safety management system must be designed to be used by the owner of the dam as the primary means of ensuring, so far as is reasonably practicable, the safety of persons and property is not put at risk from the dam."

The word ‘environment’ was inadvertently omitted from this clause of the regulation.

Clause 15 (4) of the regulation states:

"If the societal risk rating or highest individual risk rating for a dam is higher than the following (the safety threshold), the dam owner must forward a copy of the report to Dams Safety NSW as soon as practicable after the report is produced -

1. societal risk rating for an existing dam (except as provided by paragraph (b))—0.001,
2. societal risk rating for a proposed dam or for an existing dam that is to be subject to a major change - 0.0001,
3. individual risk rating for an existing or proposed dam - 0.0001."

It is proposed that the regulation to be amended as follows:

"The dam safety management system must be designed to be used by the owner of the dam as the primary means of ensuring, so far as is reasonably practicable, the safety of persons, property and the environment is not put at risk from the dam.

It is proposed that the regulation to be amended to replace ‘major change with ‘major augmentation’ as follows:

"If the societal risk rating or highest individual risk rating for a dam is higher than the following (the safety threshold), the dam owner must forward a copy of the report to Dams Safety NSW as soon as practicable after the report is produced:

1. societal risk rating for an existing dam (except as provided by paragraph (b))  -  0.001
2. societal risk rating for a proposed dam or for an existing dam that is to be subject to a major augmentation1 - 0.0001
3. individual risk rating for an existing or proposed dam - 0.0001."

It is proposed that this amendment would commence on 1 November 2021.