AGY-7416 | Dams Safety Committee (1979-2019) Dams Safety NSW (2019- )

Full description

The Dams Safety Committee was created under the provisions of the Dams Safety Act 1978 (1) and commenced by proclamation on 31 January 1979 by the Minister for Public Works. (2)

The functions of the Committee were to (a) to maintain a surveillance of prescribed dams, the environs under, over and surrounding prescribed dams and the waters or other materials impounded by prescribed dams to ensure the safety of prescribed dams; (b) to examine and investigate the location, design, construction, reconstruction, extension, modification, operation and maintenance of prescribed dams, the environs under, over and surrounding prescribed dams and the waters or other materials impounded by prescribed dams; (c) to obtain information and keep records on matters relating to the safety of dams; (d) to formulate measures to ensure the safety of dams; (e) to make such reports or recommendations to the Minister or any other person in relation to the safety of prescribed dams as the Committee considers necessary or appropriate; (f) to make reports and recommendations with respect to the prescription of dams for the purposes of this Act; (g) to exercise such other functions as are conferred or imposed on the Committee by or under this or any other Act or the regulations; and (h) to do such supplemental, incidental and consequential acts as may be necessary or expedient for the exercise of its functions. (3)

Dams Safety NSW was established under the Dams Safety Act 2015 as an independent regulator with responsibility for the safety of declared dams in the state and as a corporate body and as NSW government agency, replacing the Dams Safety Committee, though considered to be a continuation of it. (4) The Dams Safety Act 2015 replaced the 1978 Act and was supported by the Dams Safety Regulation 2019. This regulation sets out operational details and safety standards that declared dam owners must comply with to satisfy the Act.

Commencing on 1 November 2019, Dams Safety NSW decided how the Dams Safety Regulation 2019 and standards were administered. The agency comprised governing members with expertise in dam engineering, mine engineering, emergency management, dam operations and management, public safety risk analysis and best practice regulation. Dams Safety NSW was subject to the control and direction of the Minister, except in relation to (a) the contents of any advice, report or recommendation made by Dams Safety NSW to the Minister or any other person, (b) any decision that relates to proceedings for offences under this Act or the regulations. (5)

Dams Safety NSW consisted of six members appointed by the Minister, who meet regularly as the Dams Safety NSW Board. The Chief Executive Officer was responsible for managing day-to-day operations and staff were employed by the Department of Planning, Industry and Environment to carry out the agency's functions.

The main role of Dams Safety NSW was to: ensure the safety of all declared dams in NSW by auditing declared dam owners policies, processes and procedures to check compliance with the requirements of the Dams Safety Regulation 2019; provide guidance to declared dam owners on how to comply with the regulation and standards and where required, enforce the regulation through a range of penalties.

Dam Safety NSW was also responsible for declaring notification areas surrounding, or in the vicinity of declared dams. (6)

Endnotes
1. Dams Safety Act 1978 (Act No 96, 1978), section 7.
2. NSW Government Gazette No.12, 19 January 1979, p.319.
3. Ibid, section 14, Schedule 2, cl.3(1).
4. Dams Safety Act 2015 (Act No.26, 2015), section 6.
5. Commencement Proclamation (2019 No 505), NSW Legislation Website, 18 October 2019; Dams Safety Act 2015, section 8.
6. Dam Safety NSW website, https://www.damsafety.nsw.gov.au/about-us (accessed 16 November 2022).