Dams Safety Regulation 2019

This Regulation is the Dams Safety Regulation 2019.

This Regulation commences on 1 November 2019 and is required to be published on the NSW legislation website.

In this Regulation—

AS ISO 55001:2014 means Australian Standard AS ISO 55001:2014, Asset management—Management systems—Requirements.

augmentation in relation to a declared dam means a modification made to the dam to do either or both of the following, but does not include a modification that is made for the sole purpose of improving safety—

extend the dam,

create a significant new use for the dam.

competent person means, for a person exercising a function in relation to a dam, a person who—

has acquired through training, qualification and experience substantial knowledge and skills in dam design or risk analysis in relation to that type of dam, and

is—

registered under a law that provides for the registration of professional engineers, or

a member (or is qualified to be a member) of Engineers Australia with the status of Chartered Professional Engineer, or

entered on the National Professional Engineers Register administered by the Institution of Engineers Australia, or

the holder of professional qualifications in a relevant speciality or is registered in a relevant speciality by an Australian professional organisation.

consequence category means a consequence category referred to in clause 6(1).

Consequence Category Methodology means the Declared Dams Consequence Category Assessment and Determination Methodology published in Gazette No 113 of 18 March 2022.

contents of a dam means the material impounded by a dam and does not include any part of the dam.

CPI number, for Schedule 2—see Schedule 2, clause 1.

dam safety management system for a dam means the dam safety management system established under Part 5 for the dam.

emergency exercises, in respect of a declared dam, means exercises undertaken in preparation for a failure of the dam.

extreme or high consequence dam means a declared dam classified as being in any of the following consequence categories—

extreme consequence,

high A consequence,

high B consequence,

high C consequence.

failure of a dam means the uncontrolled release of the contents of the dam or the dam ceasing to perform its functions.

Note.

Examples of dam functions may be the supply of water or preventing the release of hazardous substances.

financial year means a period of 12 months commencing on 1 July.

high C consequence dam means a declared dam classified as being in the category of high C consequence.

relevant speciality means any of the following—

engineering geology,

geotechnical engineering,

hydraulics,

hydrology,

seismology,

structural analysis,

any other speciality relating to dam design that materially affects dam safety.

the Act means the Dams Safety Act 2015.

Note.

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

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

A requirement in this regulation that something be done in relation to a dam by a panel or team of competent persons is a requirement that—

the thing be done by competent persons, and

the competent persons together have the training, qualification and experience in each relevant speciality that relates to the thing being done.

For the purposes of section 5(2) of the Act, a dam or proposed dam in the following types or classes may be declared to be a declared dam—

a dam having a dam wall that is more than 15 metres high,

a dam that Dams Safety NSW is reasonably satisfied would, if there were to be a failure of the dam—

cause a major or catastrophic level of severity of damage or loss, or

endanger the life of a person,

a proposed dam that Dams Safety NSW is reasonably satisfied will become a dam referred to in paragraph (a) or (b),

a dam or proposed dam that is a prescribed dam within the meaning of the Dams Safety Act 1978 immediately before the repeal of that Act.

In assessing whether a failure of a dam would cause damage, loss or danger referred to in subclause (1)(b)(i) or (ii), Dams Safety NSW is to have regard to the Consequence Category Methodology.

Dams Safety NSW may direct the owner of a dam or a proposed dam to conduct a preliminary assessment of the dam to determine whether it is of a class that may be declared to be a declared dam.

The direction may specify the following—

the manner in which the assessment is to be carried out,

the form in which a report setting the result of the assessment is to be provided to Dams Safety NSW,

the time in which the assessment is to be completed and the report provided.

An owner of a dam or a proposed dam who is given a direction must comply with the direction.

Maximum penalty—50 penalty units.

Dams Safety NSW is to classify each declared dam as being in one of the following consequence categories—

extreme consequence,

high A consequence,

high B consequence,

high C consequence,

significant consequence,

low consequence,

very low consequence.

The classification may be made when declaring a dam or proposed dam to be a declared dam or at a later time.

Dams Safety NSW may reclassify a declared dam at any time.

The owner of a declared dam must ensure that the consequence category of the dam is assessed by a competent person.

The assessment must be carried out—

within 6 months after the dam is declared to be a declared dam, and

at least once every 15 years, and

as soon as practicable after any of the following occurring that is likely to change the consequence category of the dam—

a modification being made to the dam,

any significant change in the number of persons likely to be affected by a failure of the dam,

Note.

For example, a large residential development in the dam break zone.

a change (other than a minor change) in the severity of damage and loss that is likely to occur should there be a failure of the dam, and

if the owner of the declared dam is required by notice in writing to do so by Dams Safety NSW, within the time specified in that notice.

The assessment must be carried out using the Consequence Category Methodology.

If the assessment concludes that the dam is an extreme or high consequence dam, the assessment must be reviewed by a competent person who has not been involved in the assessment process.

The owner of the dam must ensure that a report setting out the findings of the assessment and the reasons for those findings is provided to Dams Safety NSW as soon as practicable after the assessment is completed.

This Part is prescribed as a standard for the purposes of section 14 of the Act.

An operations and maintenance plan under section 16(1) of the Act for a dam must set out the following—

the operating procedures for the dam with a concise description of the procedures and limits (operator controls) of plant and equipment used in the operation of the dam,

details of each circumstance in which an alarm will be triggered in respect of the dam and the response and reporting protocols that will occur when that alarm is triggered,

the maintenance (comprising corrective and preventive) that will be carried out on the dam, the times at which that maintenance will be carried out and who is responsible for the maintenance,

the procedures for reporting incidents in respect of the dam,

the procedures to ensure public safety in respect of the dam during its day to day operation,

the security measures that are in place in respect of the dam.

The operations and maintenance plan must—

set out how the matters in subclause (1) will apply in normal, abnormal and extreme loading operation conditions, and

be appropriate to the size and complexity of the dam and its associated structures and systems.

The operations and maintenance plan may include any other matter that the dam owner considers to be relevant to the operation and maintenance of the dam.

The operations and maintenance plan for a dam categorised as significant consequence, low consequence or very low consequence must be updated at least once every 5 years.

Note.

Section 16 (3) of the Act requires all other operations and maintenance plans to be updated on an annual basis.

The owner of a declared dam must, if required by notice in writing to do so by Dams Safety NSW, provide Dams Safety NSW with a copy of the operations and maintenance plan within the time, and in the form, specified in that notice.

Maximum penalty (subclause (5))—50 penalty units.

An emergency plan under section 17(1) of the Act for a dam must set out the following—

the consequence category of the dam,

details of the material contained by the dam,

a description of the circumstances that could cause a failure of the dam and the likely consequences of the failure including, for an extreme or high consequence dam—

details of all credible modes of dam failure, and

details of the persons, property and infrastructure that are likely to be impacted in each scenario and the environmental damage that is likely to occur,

the procedures to be followed by the owner of the dam and staff in the event of an emergency that may cause a failure of the dam, including the following—

a description of the emergency warning systems and how they operate,

the different levels of emergency alerts (being levels that are consistent with those used by the State Emergency Service), the triggers for those alerts and the responses that are to occur when those alerts are triggered,

the procedures for alerting emergency services organisations of the emergency,

the persons who may be at risk if there is a failure of the dam,

the persons responsible for exercising functions in the event of an emergency and the contact details for those persons,

details of the emergency exercises to be undertaken.

The emergency plan may include any other matter that the dam owner considers to be relevant to emergencies at the dam.

For the purposes of section 17(3) of the Act, the emergency plan must be updated at least once every 5 years subject to subclauses (4) and (5).

The emergency plan must be updated to take account of the following changes within 30 days after the change occurs—

a change to the consequence category of the dam,

a significant change, since the consequence category of the dam was last determined, to the number of persons who would be put at risk if there were to be a failure of the dam,

a change to the emergency management arrangements.

The emergency plan must be routinely reviewed, at least annually, to ensure that a change to the contact details of a person responsible for exercising functions in the event of an emergency is updated as soon as practicable after the change.

Dams Safety NSW may direct the owner of a declared dam to update the emergency plan for the dam within a time specified in the direction.

The owner of a declared dam must not fail to comply with a direction under this clause.

Maximum penalty—50 penalty units.

The owner of a declared dam must provide a copy of the emergency plan to Dams Safety NSW and the State Emergency Service in a form approved by Dams Safety NSW as soon as reasonably practicable after the plan is prepared or updated.

Maximum penalty—10 penalty units.

Dams Safety NSW may issue guidance material for the preparation of plans under this Part.

In preparing a plan under this Part, the owner of a declared dam is to have regard to any relevant guidance material issued by Dams Safety NSW and made available on its website.