The dams safety legislation requires all declared dam owners to publish an annual dams safety standard report for their dam.
Section 14 (4) of the Dams Safety Act 2015 requires a declared dam owner to publish a report demonstrating the owner’s compliance with the dams safety standards.
Clause 26 of the Dams Safety Regulation 2019 (the Regulation) requires the dam owner to provide a copy of the report to Dams Safety NSW, in a form approved by Dams Safety NSW. Dams Safety NSW has provided this fillable PDF report form for dam owners to use. Please email your completed report to email@example.com.
What is the purpose of the annual dams safety standards report?
The annual dams safety standards report is the means by which a dam owner’s ‘accountable office holder’ attests to the dam owner’s level of compliance with the dams safety standards prescribed in the Dams Safety Regulation 2019. The report also provides important information to Dams Safety NSW to enable us to prioritise our compliance activities.
Key points about the report are:
- the declared dam owner must publish a report every year
- the declared dam owner must demonstrate compliance with the dams safety standards in the report
- the dams safety standards prescribed in the Dams Safety Regulation 2019 are:
- Part 3 ‘Consequence Category of dam’
- Part 5 ‘Dam safety management system’
- Part 6 ‘Other safety requirements’
- the report must be in a form approved by Dams Safety NSW
- the dam owner must make the report available at the owner’s main office and on the owner’s website
- the report must be submitted to Dams Safety NSW.
When will the annual dams safety standards report need to be submitted to Dams Safety NSW?
The first dams safety standards report is due by Thursday 31 March 2022, to demonstrate the owner’s compliance with the safety standards for the declared dam at 31 December 2021.
Similarly, future annual dams safety standards reports will be due at the end of March each year.
What is the approved form for the report and how do I submit it to Dams Safety NSW?
Dams Safety NSW has provided declared dam owners with this fillable PDF form to use for the report. Dam owners can email the report forms to Dams Safety NSW at firstname.lastname@example.org.
Who is the dam owner? In other words, who needs to sign off the dams safety standards report?
There are a wide variety of declared dams owners in NSW, from single private owners to large public companies, state-owned corporations, and government departments.
The office holder(s) accountable for the safety of a declared dam must sign off on the dams safety standards report. The following table shows the office holder(s) who must demonstrate compliance with the dams safety standards by testifying to the accuracy of the report.
|Organisation type||Dam owner office holders|
|Local council||General Manager|
|Statutory state-owned corporations||Chief Executive Officer or Managing Director responsible for the day-to-day management of the operation of the statutory state-owned corporation in accordance with the general policies and specific directions of the board.|
Corporation with two or more members - the president, chairperson or other principal officer of the corporation
Sole corporation - the person by whom the constitution is constituted
Corporation with no members - the person managing the affairs of the corporation
What should a declared dam owner do to demonstrate compliance and ensure the accuracy of the report?
The Dams Safety Act 2015 requires that the annual report demonstrates the owner’s compliance with the dams safety standards.
For the first annual dams safety standards report, declared dam owners will answer specific questions in the report form to demonstrate compliance and attest to its accuracy by signing the report.
In future, Dams Safety NSW may require additional information to demonstrate compliance, such as audit reports.
If a dam owner owns more than one dam, does each dam require a separate report?
Yes. A report needs to be completed for each declared dam, as most of the information required in the report is specific to a particular dam.
Dams Safety NSW acknowledges that some dam owners may have a common dam safety management system for a portfolio of dams and may carry out emergency exercises on a portfolio basis, so some of the information in each dam of the reports may need to be duplicated. However, for completeness of information a report is required for each declared dam.
How will Dams Safety NSW use the information in the reports?
Dams Safety NSW regulates compliance with the dams safety standards and the regulation. Dams Safety NSW gathers information on dam owner compliance through dam owner audits, investigations and other contacts with declared dam owners.
The dams safety standards report provides additional important information to Dams Safety NSW to allow us to prioritise compliance activities.
It is important that dam owners provide accurate information in the report. Dams Safety NSW employs a graduated and proportionate approach to non-compliance and will work with dam owners to address any non-compliances that may be identified through the reporting process.
Information that will be included in the annual dams safety standards
- Dam name
- Dam location
- Dam owner
- Name and position of the dam owner office holder(s) attesting to the accuracy of this report
Dam safety standard
Part 3 Dam consequence category
- Consequence category of the dam
- Has there been a significant change in the number of persons likely to be affected by a failure of the dam? (Regulation, Clause 7(2)(c)) - Yes/No
- How has this been checked?
- Date of last consequence category assessment by a competent person (Regulation, clause 7(1))
- If the dam is extreme or high consequence, the name of the independent competent person who reviewed the consequence category assessment (Regulation, clause (7)4))
Part 5 Dam safety management system
Clause 12 Must establish and implement dam safety management system
- Have you established and implemented a dam safety management system? - Yes/No
- Does the dam safety management system apply to more than one dam?
- Dam safety management system document - estimate of percentage complete (Regulation, clause 13)
- How has the dam owner(s) of this report assured themselves that the above is accurate? For example, by viewing the document draft, or by approving a version of the document.
- Dam safety management system - estimate of percentage implemented (Regulation clause 12(1))
- How has the dam owner(s) attesting to the accurate of this report assured themselves that the above is accurate? For example, by internal audit, or by key staff statements.
Clause 17 Review
- Date of last safety management system review (Regulation, clause 17)
Clause 15 Assessment of societal and individual risk rating
- Date of last risk report (Regulation, clause 15(1))
- Date of next planned risk report
- Individual risk rating of the dam (Regulation, clause 15(3))
- Societal risk rating of the dam (Regulation, clause 15(3))
Part 6 Other safety requirements
Clause 19 Incident reporting
- Number of incidents occurred in reporting period (Regulation, clause 19)
- List the incident topic/subject
Clause 20 Safety Review
- Date of last safety review (Regulation, clause 20(2))
- If the dam is extreme or high consequence, the name of the independent competent person who reviewed the safety review (Regulation, clause 20 (6))
- Date of next planned safety review
Clause 21 Notification of significant changes to dam
- Has any significant change (configuration of dam) occurred to the dam during the reporting period? (Regulation, clause 21)
- Is any significant change scheduled to occur?
Clause 22 Emergency exercises
- Date of last 'theoretical classroom' emergency exercise (Regulation, clause 22(1))
- Date of next 'theoretical classroom' emergency exercise
- Date of last practical emergency exercise (for Extreme or High consequence dams only)(Regulation, clause 22(3))
- Date of next practical emergency exercise (for Extreme or High consequence dams only)(Regulation, clause 22(3))
The following questions are for dams in the design/ construction/ commissioning/ decommissioning phase
- Does the dam safety management system cover dam design and construction? (Regulation, clause 12(3))
- Has the risk framework been applied at the dam design stage? (Regulation, clause 15(2))
- Has a risk report been prepare? (Regulation, clause 15(2))
Clause 23 Certain work to be carried out by a person subject to quality management system
- What methods have been used to ensure that design and construction are carried out by a person subject to an AS ISO 9001:2016 quality management system? (Regulation, clause 23(1))
Clause 24 Competent person must check work involving dam design
- If the dam is extreme or high consequence, the name of the independent competent person who checked the design (Regulation, clause 24)
- For dams still in an early design phase, are independent competent person design checks/reviews planned?
For more information Contact us.