Dams Safety Act 2015

This Act is the Dams Safety Act 2015.

This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).

Clause 5 of Schedule 2 commences on the date of assent to this Act.

The objects of this Act are as follows—

to ensure that any risks that may arise in relation to dams (including any risks to public safety and to environmental and economic assets) are of a level that is acceptable to the community,

to promote transparency in regulating dams safety,

to encourage proper and efficient management in matters relating to dams safety,

to encourage the application of risk management and the principles of cost benefit analysis in relation to dams safety.

In this Act—

authorised officer means a person appointed as an authorised officer under Part 4.

Chief Executive Officer means the Chief Executive Officer of Dams Safety NSW.

Dams Safety NSW means Dams Safety NSW constituted under this Act.

dams safety standards means the standards prescribed by the regulations under section 14.

declared dam means a dam or proposed dam that is declared by order under section 5.

Department means the Department of Industry, Skills and Regional Development.

function includes a power, authority or duty, and exercise a function includes perform a duty.

owner, in relation to a dam, means any person or public authority who, whether solely or with some other person or public authority, owns, controls, operates, manages or maintains the dam and includes, in relation to a proposed dam, any person or public authority who, whether solely or with some other person or public authority, proposes to build the dam.

premises includes—

a building or structure, and

land or a place (whether built on or not).

public authority means any of the following—

a Minister,

a Public Service agency within the meaning of the Government Sector Employment Act 2013,

a statutory body representing the Crown,

a statutory State owned corporation or a subsidiary within the meaning of the State Owned Corporations Act 1989,

a local council, a county council or a joint organisation within the meaning of the Local Government Act 1993,

but does not include Dams Safety NSW or any person or body declared by the regulations not to be a public authority for the purposes of this definition.

Secretary means the Secretary of the Department.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

Dams Safety NSW may, by order published in the Gazette, declare a dam or proposed dam to be a declared dam for the purposes of this Act.

A dam or proposed dam may not be declared under this section unless it is of a type or class of dam prescribed by the regulations. The regulations may provide for dams to be classified into different categories for the purposes of this Act (including the dams safety standards).

An order under this section is to specify the name and location of the dam or proposed dam to which the order relates.

Dams Safety NSW is to publish on its public website (or, if no such website is available, the public website of the Department) an up-to-date list of declared dams.

There is constituted by this Act a body corporate with the corporate name of Dams Safety NSW.

Dams Safety NSW is, for the purposes of any Act, a NSW Government agency.

Note.

See section 13A of the Interpretation Act 1987.

Dams Safety NSW consists of the following members—

at least 5 members appointed by the Minister (the appointed members),

the Chief Executive Officer.

The appointed members are to be persons who together have professional expertise, qualifications or experience in dam engineering, mine engineering, emergency management, dam operations and management, public safety risk analysis and best practice regulation (including cost benefit analysis and business case development).

Of the appointed members, one is to be appointed as the Chairperson of Dams Safety NSW and another is to be appointed as the Deputy Chairperson of Dams Safety NSW, whether in and by the relevant instrument of appointment as a member or in and by some other instrument executed by the Minister.

A person who is the owner of a declared dam is not eligible to be appointed or hold office as a member of Dams Safety NSW. However, an employee of any such owner may be appointed if otherwise eligible for appointment.

Schedule 1 contains provisions relating to the members and procedure of Dams Safety NSW.

Dams Safety NSW is, in the exercise of its functions, subject to the control and direction of the Minister, except in relation to the following—

the contents of any advice, report or recommendation made by Dams Safety NSW to the Minister or any other person,

any decision that relates to proceedings for offences under this Act or the regulations.

Dams Safety NSW has the following functions—

to provide advice or make recommendations to the Minister on the types and classes of dams that may be the subject of regulations under section 5,

to provide advice or make recommendations to the Minister on the development, implementation and modification of the dams safety standards,

to keep the owners of declared dams and the public informed about the dams safety standards and to regulate compliance with those standards,

to audit compliance by the owners of declared dams with operations and maintenance plans under section 16 and emergency plans under section 17,

to provide guidance to owners of declared dams in complying with the requirements of this Act relating to the safety, operation and maintenance of dams (including guidance in applying total risk management and the principles of cost benefit analysis for that purpose),

to formulate measures (including the development of guidelines) to ensure the safety of dams,

to collect information, carry out research and keep records on matters relating to dams safety,

to enter into arrangements with any person or body with respect to the conduct of any study or research that may be necessary or desirable for the purposes of this Act,

to make such other reports or recommendations to the Minister or any other person in relation to the safety of dams as Dams Safety NSW considers necessary or appropriate.

Dams Safety NSW has such other functions as are conferred or imposed on it by or under this or any other Act.

In exercising its functions, Dams Safety NSW is—

to have regard to the objects of this Act, and

to apply, as far as is reasonably practicable, best practice regulatory principles (including cost benefit analysis) in regulating dams safety.

The Chief Executive Officer of Dams Safety NSW is the person employed in the Department as the Chief Executive Officer.

The Chief Executive Officer is responsible for the day to day management of the operations of Dams Safety NSW in accordance with any directions of Dams Safety NSW.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable Dams Safety NSW to exercise its functions.

Note.

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services Dams Safety NSW makes use of) may be referred to as officers or employees, or members of staff, of Dams Safety NSW. Section 47A of the Constitution Act 1902 precludes Dams Safety NSW from employing staff.

Dams Safety NSW may—

establish committees for the purpose of advising Dams Safety NSW in the exercise of its functions under this Act, and

appoint as a member of any such committee any person who, in the opinion of Dams Safety NSW, appears to be qualified to be a member of that committee.

It does not matter that any or all of the members of a committee are not members of Dams Safety NSW.

The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be determined by Dams Safety NSW or (subject to any determination of Dams Safety NSW) by the committee.