Dams Safety NSW Board Meeting No 33
25 July 2023
Location: 4PSQ, Level 11, Room 20
Time: 9.30am - 2pm
Attendees:
Members
Mr Paul O’Connor (Chair), Ms Julie Garland McLellan (Deputy Chair), Mr Shane McGrath, Mr Ian Landon-Jones, Mr Chris Salkovic (CEO)
Invitees:
Ms Margaret Hynes, Mr Jason Porter, Mr Peter Boyd, Mr Muhammed Akber
Item 2.2: Ms Liz Sparham and Ms Inger Shimell (Woolcott Consulting) via Teams
Item 2.6: Mr Darren Cleary (Hunter Water) via Teams
Item 2.7: Mr Ronan Magaharan (Water NSW) via Teams
| Item | Discussion and actions |
|---|---|
| 1 | Meeting open 1.1 Appointed members only Appointed members discussed the CEO performance review; insights from recent examples of regulatory failures and weak governance in other organisations; discussed assurance measures to ensure appropriate superintendence of the Dams Safety agency, its work, impact and its people; approaches to explaining societal risks and the need for more work to make this accessible concept to promote community understanding; and insights from the stakeholder survey. The CEO joined the closed session at a later time to allow fulsome discussion between all members on these issues. It was agreed to revisit societal risk issues in a future workshop. 1.2 Acknowledgement of country and welcome 1.3 Apologies and absences Nil 1.4 Declarations of interest No new declarations were received. 1.5 Previous minutes and actions The minutes were reviewed and accepted with no amendment. Appointed members asked for the status of their work health and safety obligations to be clarified with the Department of Planning and Environment. Action: 20232507-01: Management to share out of session the paper on DSNSW’s role in regulating how dam owners carry out flood releases for gated dams. Action: 20232507-02: Management to seek advice on clarifying the work health and safety obligations of appointed members. |
| 2 | Strategy/Stakeholder engagement Matters for decision 2.1 Community consultation and the role of Dams Safety NSW and declared dam owners The paper was taken as read. The spectrum of options was discussed, and a preferred path was resolved. Appointed members agreed DSNSW has legislative accountability to ensure community acceptance of risks to public safety, the environment and economic assets and, to promote transparency in regulating dam safety. The primary responsibility for dam owners to consult and engage with communities affected by their dam operations would be enabled and supported by agency guidance to dam owners on the attributes and features of good community engagement. Action: 20232507-03: Management to review existing agency guidance and education offerings to ensure they reflect better practice and, to explore adoption of examples from other regulatory models and test enhancements with key stakeholders. Action: 20232507-04: Management to review agency work schedule priorities and make the necessary adjustments to reflect strategic priorities within budget constraints. 2.2 Dams Safety NSW Annual Report 2022-2023The paper was taken as read. Members reviewed the draft structure and discussed how to strengthen the agency narrative to describe how its impact and outcomes align with legislative requirements and stakeholder expectations. Action: 20232507-05: Management to send draft annual report to members for review early September 2023. 2.3 Funding strategy updateThe paper was taken as read. The appointed members agreed with the imperative to explore alternate funding options cogniscant of public sector budget pressures. This requires active consideration of funding options and providing advice to government. Action: 20232507-06: Management to progress funding strategy as presented. Matters for noting2.4 Professional travel to IndiaThe paper was taken as read. The appointed members discussed the value of the agency sharing its regulatory expertise to support Australian federal government and World Bank aid efforts to assist the Indian government implement its new dam safety regime. Appointed members noted all costs would be borne by federal and global aid funding and the visit is being coordinated by the Australian Water Partnership. Action: 20232507-07: Management to make available to appointed members the World Bank report on dam safety governance. 2.5 Stakeholder engagement survey resultsThe paper was taken as read. Appointed members were briefed by Woolcott Consulting on the methodology, findings and implications of the stakeholder survey. A final report will be produced. The appointed members acknowledged the next steps outlined in the paper including management’s response to insights and recommendations from the report and any adjustments to the agency’s strategic plan and corporate actions. Action: 20232507-08: Management to make available to appointed members the interim summary and final report of stakeholder engagement survey results. Action: 20232507-09: Management to develop an action plan from survey recommendations. 2.6 Water NSW – Warragamba and Cataract dams updateThe paper was taken as read. Members were briefed by Mr Ronan Magaharan on Water NSW’s risk mitigation for Warragamba Dam. Appointed members sought clarification on several items and made observations of other issues. The Water NSW representative confirmed there was no change to previously advised remediation timelines. More information will be shared as further investigations and remediation options are finalised. No update was provided regarding the Cataract dam. Appointed members noted the update from Water NSW and management’s preliminary view of the Water NSW briefing to be reflected in the assurance advice to the Minister for Water. Action: 20232507-10: Management to respond to Water NSW request for advice on community consultation. Action: 20232507-11: The Chair to write to Water NSW to acknowledge the update. 2.7 Hunter Water – Grahamstown and Chichester updateThe paper was taken as read. Appointed members were briefed by Mr D Cleary on Hunter Water’s risk mitigation for Chichester Dam. Management is invited to attend the community engagement meetings in August 2023 to provide the agency’s perspective as the independent regulator. The appointed members noted Hunter Water’s positive and transparent approach to community engagement. No update was provided regarding the Grahamstown dam. 2.8 Strategic Plan - six monthly progress updateThe paper was taken as read. Appointed members questioned the impact on the timing of deliverables of new approaches to support dam owners in reducing risk so far as is reasonably practicable. Refinements of audit methodologies were explored to ensure the agency was efficient and effective in meeting its strategic goals. Action: 20232507-12: Management to review the DSNSW audit process by October 2023 to look for efficiencies. 2.9 Stakeholder engagement updateThe paper was taken as read. The appointed members discussed the high take up and positive impacts of education programs and noted the briefing of the Korean dam safety delegation in May 2023. The appointed members endorsed agency attendees at ANCOLD – Cairns. |
| 3 | Governance Matters for discussion 3.1. Risk management framework Paper taken as read. The paper was taken as read. The appointed members acknowledged the significant work undertaken; agreed with the alignment with departmental policies; clarified proposed risk postures and appetite settings; and suggested some improvements in language and positioning. Action: 20232507-13: Management to update the risk framework and make available to the appointed members for their further review and approval out of session. Matters for decision3.2 Safety threshold legal advice and proposed next steps The paper was taken as read. Members acknowledged the comprehensive advice provided by the management. The appointed members discussed the requirement for dam owners to reduce risks so far as is reasonably practicable (SFAIRP). The appointed members agreed with management’s proposed next steps. Action: 20232507-14: Management to develop a fact sheet by November 2023 to guide dam owners on SFAIRP. Action: 20232507-15: Management to communicate the agency’s preferred regulatory posture with dam owners regarding the reduction of dam risks over the safety threshold. 3.3 Societal risk safety threshold operational definitionThe appointed members requested the paper be withdrawn and re-presented following an out-of-session workshop discussion. 3.3 Risk management frameworkThis item was deferred until the July meeting due to the number of items to be reviewed in this meeting and the recent extended vacation of key staff responsible for the work program. |
| 4 | Operations
Matters for noting 4.1 Declared dam owners’ capability maturity - new approachThe paper was taken as read and management summarised the proposed approach. The appointed members explored different aspects of the model, its validation and technology enablement. Action: 20232507-16: Management will further refine the model and improve standards reporting. The next KPI update will reflect results from the updated model. 4.2 High risk dams’ updateThe paper was taken as read. The appointed members discussed the timing and approach to remedial work being undertaken by some dam owners. They also noted emergency plan updates were lagging. Management advised dates reflect outcome of audits in early 2023 and follow ups will be made with owners in the coming months. The appointed members noted the progress being made for declared dams with societal risks plotting above the safety threshold. 4.3 CEO ReportThe paper was taken as read. The appointed members welcomed the new staff member, Mr John Sukkar to Dams Safety NSW. 4.4 Key performance indicators – quarterly updateThe paper was taken as read. Management advised close out figures for risk reports are included in the ‘Closed priority non-compliance during quarter’ figures. |
| 5 | General business 5.1 Forward plan of Board meetingsMembers agreed to revised dates for the regional board meeting – 5 and 6 October 2023 – to include site visits and engagement with regional stakeholders including dam owners, local councils and portfolio departmental staff Action: 20232507-17: Management to liaise with the General Managers of Armidale and Tamworth Regional Councils regarding regional visits |
| 6 | Meeting finalisation The appointed members agreed to review action items out of session. The Deputy Chair provided a meeting evaluation. 6.1 The meeting closed at 2:14pm. Upcoming meeting - Out of session meeting – 28 August 2023 at 4pm |