October 2023 Board meeting minutes

Dams Safety NSW Board Meeting No 35

6 October 2023

Location: Powerhouse Hotel, Tamworth

Time: 8.30am-1pm

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 Peter Boyd, Mr Rajan Khati, Ms Claire Hendley (Secretariat), Mr Jason Porter

Item	Discussion and actions
1	Meeting open 1.1 Appointed members only Appointed members noted the Chair’s summary of the CEO performance review for FY2022-23. The CEO identified the key areas of focus for the current performance period (FY2023-24) and appointed members provided feedback and ideas for strengthening and broadening the key areas of focus. Succession planning and leadership development for the CEO and executive team was identified as a priority focus to ensure the bench strength is optimised. The Chair described the expected timing for determinations by government regarding the next appointed member. Machinery of government changes and impacts were discussed along with audit program approaches and outcomes. Members also discussed insights from site visits undertaken as part of Dam Safety NSW’s regional engagement. 1.2 Acknowledgement of country and welcome Members acknowledged meeting on the land of the Kamilaroi/Gomeroi peoples of the Kamilaroi Nation, and paid respect to Elders past, present and emerging. 1.3 Apologies and absences Mr Ian Landon-Jones left the meeting at 12.15pm 1.4 Conflicts of Interest and disclosures Nil 1.5 Previous minutes and actions Minutes and actions were accepted with a few minor amendments, noting that actions should be specific and time limited. Action: 20230610-01: Management to investigate how other regulators with Boards within the department (e.g., Natural Resources Access Regulator) address WHS obligations. Action: 20230610-02: Management to invite DPE Water WHS representative to February 2024 meeting to present the Water WHS systems and processes. Action 20230610-03: Secretariat to make necessary amendments and circulate for final review. 1.6 Agenda priorities Appointed members discussed agenda priorities and reordered the agenda to meet time limitations.
2	Strategy/Stakeholder engagement Matters for decision 2.1 Dams Safety NSW Annual Report (excl financials) Appointed members discussed the draft annual report and approved it in principle subject to minor editorial amendments. Action: 20230610-04: Chair to forward comments on draft annual report to Management for inclusion in the final report. 2.2 Guidance to dam owners on engaging with the community to determine acceptable levels of risk The appointed members approved a set of principles to establish a foundation for developing guidance material for owners when engaging with their communities on risk acceptability as an integral part of determining a SFAIRP position. 2.3 Societal safety threshold operational definition The proposed operational definition for the societal risk safety threshold was discussed. Suggestions were made to further refinement prior to finalisation. Action: 20230610-05: Management to update the ‘societal safety’ threshold operational definition with suggested changes from appointed members and circulate out of session. Action 20230610-06: Management to engage the services of the NSW Crown Solicitor’s Office to provide further advice on dam owners’ common law liabilities in the context of statutory obligations under NSW dam safety laws. 2.4 Strategic Plan – annual review The tabled paper was taken as read. The appointed members agreed to proposed revisions to the [2022-2025] strategic plan revisions. 2.5 Draft dam owner SFAIRP declaration Management proposed a draft declaration by dam owners on SFAIRP. Appointed members reviewed the purpose, its statutory enablement and proposed edits to clarify its intent and readability. Action: 20230610-07: Management to update SFAIRP declaration with suggestions from appointment members and circulate out of session. 2.6 Professional travel to India – debrief The CEO presented a debrief on the professional trip to India. Highlights included the capability and development opportunities facilitated by the trip and possible future exchanges. 2.7 Stakeholder engagement update The tabled paper was taken as read. The stakeholder engagement update was noted by the appointed members. 2.8 Chichester dam safety risk community consultation Ms Claire Hendley presented an update on the Chichester dam safety risk community consultation. Appointed members discussed the need for risk reports to address all risks and for them to be communicated clearly to the community. The Chair advised that he has recently written to Mr Darren Cleary, CEO, Hunter Water thanking him for attending the recent meeting. He also advised the need to go beyond emergency preparedness and get community acceptance. The tabled paper was taken as read. The Chichester dam safety risk community consultation paper was noted by the appointed members. 2.9 Appointed members engagement activity The tabled paper was taken as read. The industry engagement by the Chair and Dams Safety NSW team members was noted by appointed members.
3	Governance Matters for decision 3.1 Board effectiveness review – action plan The tabled paper was taken as read. The appointed members endorsed the action plan subject to a minor date correction. Action 20230610-08: Management to inform DPE Deputy Secretary Water and Minister Jackson advising of the outcomes from the board effectiveness review. 3.2 Internal audit program – summary report including 23/24 schedule The tabled paper was taken as read. Appointed members noted the development of a new technology application to support the team, and the department's assurance processes. The appointed members endorsed the proposed internal audit program for 2023/2024. 3.3 New appointed member update This item was discussed in Item 1.1 Appointed members only.
4	Operations Matters for noting 4.1 Declaration/de-declaration of dams The appointed members: noted the demonstrated robust consequence assessment and review approach; approved the declaration of Tomingley Residue Storage Facility 2 and Retford Farm Detention Basin; and approved the revocation of Ashton CWD1. 4.2 Fuse plug spillways The purpose of fuse plug spillways and the inclusion of potential failure modes of fuse plugs and spillway gates in declared dam risk assessments was discussed. Appointed members proposed the agency develops a policy position on (a) the inclusion of a fuse plug spillways failing under normal sunny day conditions and flood conditions; and (b) risk assessments must comment on the perceived reliability of operation; and (c) if the design is out of date and a particular flood frequency (and therefore risk) change. Appointed members agreed and recommended a policy position be developed. The tabled paper was taken as read. The appointed members noted the fuse plug spillways paper. Action: 20230610-09: Mr Ian Landon Jones to develop a policy position on DSNSW’s role in the operation of fuse plugs and/or fuse gates and circulate out of session. 4.3 CEO Report The tabled paper was taken as read. Appointed members noted the CEO’s report.
5	General business 5.1 Forward plan of Board meetings The appointed members discussed the first meeting of 2024. It was agreed to hold the first meeting in regional NSW on 13 and 14 February 2024. Action: 20230610-10: Management to send calendar invites to members for the first meeting in 2024. Action: 20230610-11: Management to circulate proposed meeting schedule for 2024 out of session.
6	Meeting finalisation 6.1 Review of actions taken in the meeting The review of actions occurred at the end of each agenda item during the meeting. Appointed members agreed to continue with this format for 2024. Action: 20230610-12: Secretariat to remove item number 6.1 from the agenda template. 6.2 Meeting evaluation – Mr Shane McGrath Mr Shane McGrath provided an evaluation of the meeting. Action: 20230610-13: CEO to send thank you letters to the declared dam owners who facilitated site visits on 5 and 6 October 2023. 6.3 Next meeting The next meeting is scheduled for 14 November 2023 in Parramatta. The meeting closed at 12:36pm.