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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Dams Safety Bill 2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) 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,
(b) to promote transparency in regulating dams safety,
(c) to encourage proper and efficient management in matters relating to dams safety,
(d) to encourage the application of risk management and the principles of cost benefit analysis
in relation to dams safety.
The Bill constitutes Dams Safety NSW as a continuation of the Dams Safety Committee
constituted under the Dams Safety Act 1978. That Act will be repealed by the proposed Act.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation, except for a provision establishing the Interim Dams Safety Advisory
Committee which will commence on the date of assent to the proposed Act.
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Dams Safety Bill 2015 [NSW]
Explanatory note
Clause 3 specifies the objects of the proposed Act, which are listed in the above Overview. In
exercising its functions, Dams Safety NSW is to have regard to the objects of the proposed Act.
Clause 4 defines words and phrases used in the proposed Act.
Clause 5 provides:
(a) for Dams Safety NSW, by order published in the Gazette, to declare a dam or proposed dam
to be a declared dam for the purposes of the proposed Act, but only if the regulations
prescribe it as a type or class of dam that can be so declared, and
(b) for the regulations to provide for dams to be classified into different categories for the
purposes of the proposed Act (including the dams safety standards).
Part 2 Dams Safety NSW
Clause 6 constitutes Dams Safety NSW as a body corporate and provides that it is a NSW
Government agency (which has the effect of conferring the status, privileges and immunities of
the Crown on Dams Safety NSW).
Clause 7 provides that Dams Safety NSW:
(a) consists of the Chief Executive Officer of Dams Safety NSW and at least 5 other persons
appointed by the Minister (who are required to together have the professional expertise,
qualifications or experience in dam engineering, mine engineering, emergency
management, dam operations and management, public safety risk analysis and best practice
regulation), and
(b) will be independent of owners of declared dams who are ineligible to be members.
Clause 8 provides that Dams Safety NSW is, in the exercise of its functions, subject to the control
and direction of the Minister (except in relation to the contents of any advice, report or
recommendation made by it or any decision relating to proceedings for offences under the
proposed Act).
Clause 9 specifies the functions of Dams Safety NSW, which include the following:
(a) to provide advice or make recommendations to the Minister on the types and classes of
dams that may be the subject of regulations prescribing dams as a class that can be declared
a declared dam and on the development, implementation and modification of the dams
safety standards,
(b) to keep the owners of declared dams and the public informed about the dams safety
standards and to regulate compliance by the owners of dams with those standards,
(c) to provide information and other guidance concerning the operation of the proposed Act.
Clause 10 provides that the Chief Executive Officer, who is employed in the Department of
Industry, Skills and Regional Development (the Department), is responsible for the day to day
management of the operations of Dams Safety NSW in accordance with any directions of Dams
Safety NSW.
Clause 11 provides that staff may be employed in the Public Service to enable Dams Safety NSW
to exercise its functions.
Clause 12 provides that Dams Safety NSW may establish committees for the purposes of advising
Dams Safety NSW in the exercise of its functions.
Clause 13 provides for Dams Safety NSW to delegate any of its functions (other than the powers
to declare dams, to make recommendations on the dams safety standards or to delegate powers)
to certain authorised persons or bodies and for those functions to be sub-delegated.
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Dams Safety Bill 2015 [NSW]
Explanatory note
Part 3 Safety of declared dams
Division 1 Safety standards, reports and plans
Clause 14 provides for the regulations to prescribe standards for or with respect to any matter
relating to the safety of declared dams (called dams safety standards in the proposed Act) and
creates an offence if the owner of a declared dam fails to comply with the requirements of the dams
safety standards that apply to the dam.
Clause 15 requires the owner of a declared dam to report to Dams Safety NSW on such matters
in relation to the dam as Dams Safety NSW may require by notice in writing to the owner. The
owner of a declared dam is also required to keep the records in relation to the safety of the dam
that are required by the regulations.
Clause 16 requires the owner of a declared dam to prepare and implement an operations and
maintenance plan for the declared dam.
Clause 17 requires the owner of a declared dam to prepare and implement an emergency plan for
the declared dam.
Clause 18 provides for Dams Safety NSW to issue a compliance notice requiring the owner of a
declared dam to take the action specified in the notice if the owner of the declared dam has failed
to comply with any requirement under the proposed Division. The proposed section creates an
obligation on the owner to comply with the requirements of the notice.
Division 2 Directions and emergency orders
Clause 19 provides for Dams Safety NSW to issue directions requiring actions to ensure the
safety and proper maintenance of declared dams if of the opinion that a declared dam is unsafe or
is in danger of becoming unsafe.
Clause 20 provides for Dams Safety NSW to issue a "stop work" direction, directing a person to
cease or refrain from doing anything in relation to a declared dam or in the vicinity of a declared
dam that may endanger the safety of the dam.
Clause 21 provides for Dams Safety NSW to make orders declaring that an emergency exists in
respect of a declared dam if the declared dam has collapsed or failed in whole or in part or Dams
Safety NSW is of the opinion that the declared dam is liable to collapse or failure in whole or in
part or that an emergency exists that constitutes an immediate threat to public health or public
safety or that is causing or is likely to cause damage to property. It also specifies the functions of
Dams Safety NSW that may be exercised in connection with an emergency order.
Division 3 General
Clause 22 provides for appeals to the Land and Environment Court against any of the following:
(a) a notice under proposed section 18 (Compliance notices),
(b) a direction under proposed section 19 (Directions by Dams Safety NSW to ensure safety of
declared dams),
(c) a direction under proposed section 20 ("Stop work" directions).
Clause 23 contains provisions relating to directions given by Dams Safety NSW under proposed
sections 19 and 20.
Part 4 Investigation and enforcement powers
Clause 24 specifies the purposes for which investigative powers under the proposed Part can be
exercised, including for determining whether there has been compliance with or a contravention
of the proposed Act or the regulations.
Clause 25 provides for the appointment and identification of authorised officers.
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Dams Safety Bill 2015 [NSW]
Explanatory note
Clause 26 provides that an authorisation by Dams Safety NSW of a person as an authorised
officer can be given generally, or subject to conditions, limitations or restrictions or only for
limited purposes and may be limited by the instrument of appointment.
Clause 27 empowers authorised officers to enter premises. The power of entry is not exercisable
in relation to any part of premises used only for residential purposes except with the permission
of the occupier of the premises or under the authority conferred by a search warrant.
Clause 28 provides for an authorised officer to apply for a search warrant if the authorised officer
has reasonable grounds for believing that the proposed Act or regulations has been or is being
contravened.
Clause 29 empowers authorised officers to inspect and seize certain things.
Clause 30 empowers authorised officers to require information and records to be furnished.
Clause 31 provides that an authorised officer may require a person whom the authorised officer
suspects on reasonable grounds to have knowledge of certain matters to answer questions relating
to those matters.
Clause 32 empowers an authorised officer to require the owner of a declared dam to carry out
surveys and assessments.
Clause 33 creates certain offences relating to the enforcement of the proposed Act.
Clause 34 contains provisions relating to requirements to provide information or records or
answer questions.
Part 5 Formal inquiries into safety of declared dams
Clause 35 provides for the Minister to direct Dams Safety NSW to conduct an inquiry into any
matter relating to the safety of a declared dam.
Clause 36 provides for the appointment of persons or bodies to conduct inquiries.
Clause 37 specifies that the procedure at an inquiry is to be determined by the person or body
conducting it, subject to some limitations.
Clause 38 provides that inquiries are to be public.
Clause 39 requires reports of inquiries to be prepared and provided to the Minister in certain
cases.
Part 6 Finance
Clause 40 establishes a Dams Safety Fund in the Special Deposits Account.
Clause 41 provides for the regulations to make provision for or with respect to the payment by
owners of declared dams of a dams safety levy to meet the costs incurred in the administration of
the proposed Act.
Part 7 Criminal proceedings and related matters
Clause 42 provides for proceedings for an offence under the proposed Act or the regulations to be
dealt with summarily before the Local Court or the Land and Environment Court in its summary
jurisdiction.
Clause 43 specifies that proceedings for an offence under the proposed Act or the regulations may
be commenced not later than 12 months after the offence was alleged to have been committed or
after Dams Safety NSW or the Secretary of the Department became aware of the alleged offence.
Clause 44 provides for continuing offences.
Clause 45 provides for directors to be personally liable for offences by corporations, in certain
circumstances.
Clause 46 provides for certain offences under the proposed Act to be dealt with by penalty notice.
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Dams Safety Bill 2015 [NSW]
Explanatory note
Part 8 Miscellaneous
Clause 47 provides that the proposed Act binds the Crown.
Clause 48 requires a consent authority, before granting development consent for carrying out
mining operations in a notification area declared by Dams Safety NSW, to refer the application to
Dams Safety NSW and to take into consideration any matter raised by Dams Safety NSW. Any
such area may only be declared if it surrounds, or is in the vicinity of, a declared dam.
Clause 49 provides that Dams Safety NSW may enter into agency arrangements or agreements
with public authorities.
Clause 50 limits personal liability for matters or things done or omitted to be done in good faith
for the purposes of executing the proposed Act.
Clause 51 provides for the service of documents under the proposed Act.
Clause 52 provides for the service of documents on Dams Safety NSW under the proposed Act.
Clause 53 provides for the making of regulations for the purposes of the proposed Act.
Clause 54 repeals the Dams Safety Act 1978.
Clause 55 provides for the review of the proposed Act 5 years after its commencement.
Schedule 1 Provisions relating to members and procedure of
Dams Safety NSW
Schedule 1 contains standard provisions relating to the members and procedure of Dams Safety
NSW (including terms of office for appointed members and the requirement to disclose pecuniary
interests at meetings).
Schedule 2 Savings, transitional and other provisions
Schedule 2 provides for the making of savings and transitional regulations consequent on the
enactment of the proposed Act and any Act that amends it. It also makes provisions consequent
on the enactment of the proposed Act, including continuing the Dams Safety Committee as Dams
Safety NSW and establishing an interim advisory committee until such time as the provision
constituting Dams Safety NSW is commenced.
Schedule 3 Amendment of other legislation
Amendment of Environmental Planning and Assessment Act 1979 No 203
Schedule 3.1 amends the Environmental Planning and Assessment Act 1979 to insert a note
referring to section 48 of the proposed Act which will require a consent authority, before granting
development consent for carrying out mining operations in a notification area declared under that
section, to refer the application to Dams Safety NSW.
Amendment of Land and Environment Court Act 1979 No 204
Schedule 3.2 amends the Land and Environment Court Act 1979 to include appeals against
compliance notices or directions to ensure the safety and other aspects of declared dams, or against
"stop work" directions, under the proposed Act in Class 1 of the jurisdiction of the Land and
Environment Court.
Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Schedule 3.3 amends the Law Enforcement (Powers and Responsibilities) Act 2002 to provide
that the provisions of that Act applying to search warrants will extend to search warrants issued
under the proposed Act.
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Dams Safety Bill 2015 [NSW]
Explanatory note
Amendment of Local Government Act 1993 No 30
Schedule 3.4 [1] amends the Local Government Act 1993 to remove the requirement that a local
council must have the approval of the Minister for Primary Industries to construct or extend a dam
for the impounding or diversion of water for public use or any associated works or to construct or
extend flood retarding basins. The construction or use by a local council of water supply works or
flood works requires approval under the Water Management Act 2000 and Schedule 3.4 [2] inserts
a note referring to that requirement.
Schedule 3.4 [3] removes the power of the Minister for Primary Industries to direct a local council
to take measures to ensure the proper safety, maintenance and working of dams for the
impounding or diversion of water for public use or any associated works. Dams Safety NSW will,
under the proposed Act, be able to give such a direction to a local council (as the owner of a
declared dam) and Schedule 3.4 [4] inserts a note referring to that power.
Schedule 3.4 [5] provides that the Minister for Primary Industries cannot give a direction to a local
council to take measures with respect to a dam during an emergency. Dams Safety NSW will,
under the proposed Act, be able to give such a direction to a local council (as the owner of a
declared dam) to take measures with respect to the dam during the period that an emergency order
is in force and the amendment also inserts a note referring to that power.
Amendment of Local Government (General) Regulation 2005
Schedule 3.5 amends the Local Government (General) Regulation 2005 as a consequence of the
amendment made by Schedule 3.4 [1].
Amendment of Mining Act 1992 No 29
The amendments made by Schedule 3.6 remove existing notification and consultation
requirements relating to mining operations and the granting of mining leases in notification areas
declared by the Dams Safety Committee under the Mining Act 1992. These requirements will be
replaced by the provision to be inserted into the proposed Act that will require a consent authority,
before granting development consent for carrying out mining operations in a notification area
declared under that provision, to refer the application to Dams Safety NSW and to take into
consideration matters raised by Dams Safety NSW.
Amendment of Mining Regulation 2010
Schedule 3.7 replaces a reference to the Dams Safety Committee in a provision relating to the use
of certain information and protected documents under the Mining Act 1992 so that the provision
refers instead to Dams Safety NSW.
Amendment of Public Finance and Audit Act 1983 No 152
Schedule 3.8 amends the Public Finance and Audit Act 1983 to provide for financial auditing and
annual reporting in relation to Dams Safety NSW.
Amendment of Water Management Act 2000 No 92
Schedule 3.9 [1] inserts an object of ensuring that matters relating to safety are taken into
consideration in granting approvals under the Water Management Act 2000 for the construction
and use of dams and other similar works.
Schedule 3.9 [2] requires Dams Safety NSW to be consulted before a water supply work approval
is granted for the construction or use of a dam or other similar work. The Minister administering
the Water Management Act 2000 is required to take any submission by Dams Safety NSW into
consideration before granting such a water supply work approval.
Schedule 3.9 [3] is a savings provision that preserves existing approvals under section 60 of the
ocal Government Act 1993 in relation to dams constructed by local councils.
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Dams Safety Bill 2015 [NSW]
Explanatory note
Amendment of Water Management (General) Regulation 2011
Schedule 3.10 ensures that Ministerial approval will be required under the Water Management
Act 2000 for declared dams.
Page 7
First print
New South Wales
Dams Safety Bill 2015
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 2
5 Declaration of dams 3
Part 2 Dams Safety NSW
6 Constitution of Dams Safety NSW 4
7 Members of Dams Safety NSW 4
8 Ministerial control of Dams Safety NSW 4
9 Functions of Dams Safety NSW 4
10 Chief Executive Officer 5
11 Staff of Dams Safety NSW 5
12 Committees 5
13 Delegation of functions 5
Part 3 Safety of declared dams
Division 1 Safety standards, reports and plans
14 Dams safety standards 7
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Dams Safety Bill 2015 [NSW]
Contents
Page
15 Reports and records relating to declared dams 7
16 Operations and maintenance plans for declared dams 7
17 Emergency plans for declared dams 8
18 Compliance notices 8
Division 2 Directions and emergency orders
19 Directions by Dams Safety NSW to ensure safety of declared dams 9
20 "Stop work" directions 9
21 Emergency orders 9
Division 3 General
22 Appeals to Land and Environment Court 10
23 Provisions relating to directions 11
Part 4 Investigation and enforcement powers
24 Purposes for which powers under Part may be exercised 12
25 Appointment and identification of authorised officers 12
26 Scope of authority 12
27 Power to enter premises 12
28 Search warrants 13
29 Powers to inspect and seize things 13
30 Powers to require information and records 14
31 Powers of authorised officers to require answers 14
32 Powers of authorised officers to require surveys and assessments 15
33 Offences 15
34 Provisions relating to requirements to provide information or
records or answer questions 15
Part 5 Formal inquiries into safety of declared dams
35 Inquiries 16
36 Person or body conducting inquiries 16
37 Procedures at inquiries 16
38 Public nature of inquiries 17
39 Report of inquiry 18
Part 6 Finance
40 Dams Safety Fund 19
41 Dams safety levy 19
Part 7 Criminal proceedings and related matters
42 Nature of proceedings for offences 20
43 Time for commencing proceedings 20
44 Continuing offences 20
45 Offences by corporations 21
46 Penalty notices 21
Part 8 Miscellaneous
47 Act to bind Crown 22
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Dams Safety Bill 2015 [NSW]
Contents
Page
48 Mining in notification areas--requirement for consent authorities
to consult with Dams Safety NSW 22
49 Arrangements with public authorities 22
50 Exclusion of personal liability 23
51 Service of documents 23
52 Service of documents on Dams Safety NSW 23
53 Regulations 23
54 Repeal of Dams Safety Act 1978 No 96 24
55 Review of Act 24
Schedule 1 Provisions relating to members and procedure
of Dams Safety NSW 25
Schedule 2 Savings, transitional and other provisions 30
Schedule 3 Amendment of other legislation 32
Page 3
New South Wales
Dams Safety Bill 2015
No , 2015
A Bill for
An Act to constitute Dams Safety NSW and to confer functions on it relating to the safety of dams;
and for related purposes.
Dams Safety Bill 2015 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Dams Safety Act 2015. 4
2 Commencement 5
(1) This Act commences on a day or days to be appointed by proclamation, except as 6
provided by subsection (2). 7
(2) Clause 5 of Schedule 2 commences on the date of assent to this Act. 8
3 Objects of Act 9
The objects of this Act are as follows: 10
(a) to ensure that any risks that may arise in relation to dams (including any risks 11
to public safety and to environmental and economic assets) are of a level that 12
is acceptable to the community, 13
(b) to promote transparency in regulating dams safety, 14
(c) to encourage proper and efficient management in matters relating to dams 15
safety, 16
(d) to encourage the application of risk management and the principles of cost 17
benefit analysis in relation to dams safety. 18
4 Definitions 19
(1) In this Act: 20
authorised officer means a person appointed as an authorised officer under Part 4. 21
Chief Executive Officer means the Chief Executive Officer of Dams Safety NSW. 22
Dams Safety NSW means Dams Safety NSW constituted under this Act. 23
dams safety standards means the standards prescribed by the regulations under 24
section 14. 25
declared dam means a dam or proposed dam that is declared by order under 26
section 5. 27
Department means the Department of Industry, Skills and Regional Development. 28
function includes a power, authority or duty, and exercise a function includes 29
perform a duty. 30
owner, in relation to a dam, means any person or public authority who, whether 31
solely or with some other person or public authority, owns, controls, operates, 32
manages or maintains the dam and includes, in relation to a proposed dam, any 33
person or public authority who, whether solely or with some other person or public 34
authority, proposes to build the dam. 35
premises includes: 36
(a) a building or structure, and 37
(b) land or a place (whether built on or not). 38
public authority means any of the following: 39
(a) a Minister, 40
(b) a Public Service agency within the meaning of the Government Sector 41
Employment Act 2013, 42
(c) a statutory body representing the Crown, 43
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Dams Safety Bill 2015 [NSW]
Part 1 Preliminary
(d) a statutory State owned corporation (or any of its subsidiaries) within the 1
meaning of the State Owned Corporations Act 1989, 2
(e) a local council or a county council within the meaning of the Local 3
Government Act 1993, 4
but does not include Dams Safety NSW or any person or body declared by the 5
regulations not to be a public authority for the purposes of this definition. 6
Secretary means the Secretary of the Department. 7
(2) Notes included in this Act do not form part of this Act. 8
5 Declaration of dams 9
(1) Dams Safety NSW may, by order published in the Gazette, declare a dam or 10
proposed dam to be a declared dam for the purposes of this Act. 11
(2) A dam or proposed dam may not be declared under this section unless it is of a type 12
or class of dam prescribed by the regulations. The regulations may provide for dams 13
to be classified into different categories for the purposes of this Act (including the 14
dams safety standards). 15
(3) An order under this section is to specify the name and location of the dam or 16
proposed dam to which the order relates. 17
(4) Dams Safety NSW is to publish on its public website (or, if no such website is 18
available, the public website of the Department) an up-to-date list of declared dams. 19
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Dams Safety Bill 2015 [NSW]
Part 2 Dams Safety NSW
Part 2 Dams Safety NSW 1
6 Constitution of Dams Safety NSW 2
(1) There is constituted by this Act a body corporate with the corporate name of Dams 3
Safety NSW. 4
(2) Dams Safety NSW is, for the purposes of any Act, a NSW Government agency. 5
Note. See section 13A of the Interpretation Act 1987. 6
7 Members of Dams Safety NSW 7
(1) Dams Safety NSW consists of the following members: 8
(a) at least 5 members appointed by the Minister (the appointed members), 9
(b) the Chief Executive Officer. 10
(2) The appointed members are to be persons who together have professional expertise, 11
qualifications or experience in dam engineering, mine engineering, emergency 12
management, dam operations and management, public safety risk analysis and best 13
practice regulation (including cost benefit analysis and business case development). 14
(3) Of the appointed members, one is to be appointed as the Chairperson of Dams Safety 15
NSW and another is to be appointed as the Deputy Chairperson of Dams Safety 16
NSW, whether in and by the relevant instrument of appointment as a member or in 17
and by some other instrument executed by the Minister. 18
(4) A person who is the owner of a declared dam is not eligible to be appointed or hold 19
office as a member of Dams Safety NSW. However, an employee of any such owner 20
may be appointed if otherwise eligible for appointment. 21
(5) Schedule 1 contains provisions relating to the members and procedure of Dams 22
Safety NSW. 23
8 Ministerial control of Dams Safety NSW 24
Dams Safety NSW is, in the exercise of its functions, subject to the control and 25
direction of the Minister, except in relation to the following: 26
(a) the contents of any advice, report or recommendation made by Dams Safety 27
NSW to the Minister or any other person, 28
(b) any decision that relates to proceedings for offences under this Act or the 29
regulations. 30
9 Functions of Dams Safety NSW 31
(1) Dams Safety NSW has the following functions: 32
(a) to provide advice or make recommendations to the Minister on the types and 33
classes of dams that may be the subject of regulations under section 5, 34
(b) to provide advice or make recommendations to the Minister on the 35
development, implementation and modification of the dams safety standards, 36
(c) to keep the owners of declared dams and the public informed about the dams 37
safety standards and to regulate compliance with those standards, 38
(d) to audit compliance by the owners of declared dams with operations and 39
maintenance plans under section 16 and emergency plans under section 17, 40
(e) to provide guidance to owners of declared dams in complying with the 41
requirements of this Act relating to the safety, operation and maintenance of 42
dams (including guidance in applying total risk management and the 43
principles of cost benefit analysis for that purpose), 44
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Dams Safety Bill 2015 [NSW]
Part 2 Dams Safety NSW
(f) to formulate measures (including the development of guidelines) to ensure the 1
safety of dams, 2
(g) to collect information, carry out research and keep records on matters relating 3
to dams safety, 4
(h) to enter into arrangements with any person or body with respect to the conduct 5
of any study or research that may be necessary or desirable for the purposes of 6
this Act, 7
(i) to make such other reports or recommendations to the Minister or any other 8
person in relation to the safety of dams as Dams Safety NSW considers 9
necessary or appropriate. 10
(2) Dams Safety NSW has such other functions as are conferred or imposed on it by or 11
under this or any other Act. 12
(3) In exercising its functions, Dams Safety NSW is: 13
(a) to have regard to the objects of this Act, and 14
(b) to apply, as far as is reasonably practicable, best practice regulatory principles 15
(including cost benefit analysis) in regulating dams safety. 16
10 Chief Executive Officer 17
(1) The Chief Executive Officer of Dams Safety NSW is the person employed in the 18
Department as the Chief Executive Officer. 19
(2) The Chief Executive Officer is responsible for the day to day management of the 20
operations of Dams Safety NSW in accordance with any directions of Dams Safety 21
NSW. 22
11 Staff of Dams Safety NSW 23
Persons may be employed in the Public Service under the Government Sector 24
Employment Act 2013 to enable Dams Safety NSW to exercise its functions. 25
Note. Section 59 of the Government Sector Employment Act 2013 provides that the persons 26
so employed (or whose services Dams Safety NSW makes use of) may be referred to as 27
officers or employees, or members of staff, of Dams Safety NSW. Section 47A of the 28
Constitution Act 1902 precludes Dams Safety NSW from employing staff. 29
12 Committees 30
(1) Dams Safety NSW may: 31
(a) establish committees for the purpose of advising Dams Safety NSW in the 32
exercise of its functions under this Act, and 33
(b) appoint as a member of any such committee any person who, in the opinion of 34
Dams Safety NSW, appears to be qualified to be a member of that committee. 35
(2) It does not matter that any or all of the members of a committee are not members of 36
Dams Safety NSW. 37
(3) The procedure for the calling of meetings of a committee and for the conduct of 38
business at those meetings is to be determined by Dams Safety NSW or (subject to 39
any determination of Dams Safety NSW) by the committee. 40
13 Delegation of functions 41
(1) Dams Safety NSW may delegate to an authorised person or body any of its functions, 42
other than this power of delegation. 43
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Dams Safety Bill 2015 [NSW]
Part 2 Dams Safety NSW
(2) A delegate may sub-delegate to another authorised person or body any function 1
delegated by Dams Safety NSW if the delegate is authorised in writing to do so by 2
Dams Safety NSW. 3
(3) The following functions of Dams Safety NSW may not be delegated under this 4
section: 5
(a) declaring a dam to be a declared dam, 6
(b) making recommendations to the Minister on the development, implementation 7
and modification of the dams safety standards. 8
(4) The function of Dams Safety NSW to make an emergency order under section 21 9
may not be delegated or subdelegated to an authorised person unless that person is 10
the Chief Executive Officer. 11
(5) In this section, authorised person or body means any of the following: 12
(a) a member of Dams Safety NSW (including the Chief Executive Officer), 13
(b) a committee of Dams Safety NSW or a member of a committee, 14
(c) a member of staff of Dams Safety NSW, 15
(d) an authorised officer, 16
(e) a person, or person of a class, prescribed by the regulations. 17
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Dams Safety Bill 2015 [NSW]
Part 3 Safety of declared dams
Part 3 Safety of declared dams 1
Division 1 Safety standards, reports and plans 2
14 Dams safety standards 3
(1) The regulations may prescribe standards for or with respect to any matter relating to 4
the safety, operation or maintenance of declared dams. 5
(2) Before any such regulation is made, the Minister is to ensure: 6
(a) that a cost benefit analysis of the proposed regulation is carried out, and 7
(b) that, as far as is reasonably practicable, consultation takes place with those 8
persons or bodies likely to be affected by the proposed regulation. 9
(3) The owner of a declared dam must comply with the requirements of the dams safety 10
standards that apply to the dam. 11
Maximum penalty: 12
(a) in the case of a corporation--10,000 penalty units and, in the case of a 13
continuing offence, a further penalty of 1,200 penalty units for each day the 14
offence continues, or 15
(b) in the case of an individual--2,250 penalty units and, in the case of a 16
continuing offence, a further penalty of 600 penalty units for each day the 17
offence continues. 18
(4) The owner of a declared dam is to publish on an annual basis a report demonstrating 19
the owner's compliance with the dams safety standards. Any such report is to be 20
made publicly available at the main office of the owner and on the owner's public 21
website (if any). 22
15 Reports and records relating to declared dams 23
(1) Dams Safety NSW may, by notice in writing, require the owner of a declared dam to 24
report to Dams Safety NSW, within the time specified in the notice, on such matters 25
relating to the safety, operation or maintenance of the dam as are specified in the 26
notice. 27
(2) The owner of a declared dam must comply with the requirements of any such notice. 28
Maximum penalty: 2,500 penalty units in the case of a corporation or 500 penalty 29
units in the case of an individual. 30
(3) The owner of a declared dam must keep such records on matters relating to the safety, 31
operation or maintenance of the dam as may be prescribed by the regulations. 32
Maximum penalty: 2,500 penalty units in the case of a corporation or 500 penalty 33
units in the case of an individual. 34
16 Operations and maintenance plans for declared dams 35
(1) The owner of a declared dam must prepare and implement an operations and 36
maintenance plan for the dam that complies with the requirements specified in the 37
regulations. 38
Maximum penalty: 39
(a) in the case of a corporation--10,000 penalty units and, in the case of a 40
continuing offence, a further penalty of 1,200 penalty units for each day the 41
offence continues, or 42
(b) in the case of an individual--2,250 penalty units and, in the case of a 43
continuing offence, a further penalty of 600 penalty units for each day the 44
offence continues. 45
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Dams Safety Bill 2015 [NSW]
Part 3 Safety of declared dams
(2) A copy of the plan is to be provided to Dams Safety NSW and may be audited by 1
Dams Safety NSW. 2
(3) The operations and maintenance plan for a declared dam must be updated by the 3
owner of the dam on an annual basis or at such other intervals as may be required by 4
the regulations. 5
17 Emergency plans for declared dams 6
(1) The owner of a declared dam must prepare and implement an emergency plan for the 7
dam that complies with the requirements specified in the regulations. 8
Maximum penalty: 9
(a) in the case of a corporation--10,000 penalty units and, in the case of a 10
continuing offence, a further penalty of 1,200 penalty units for each day the 11
offence continues, or 12
(b) in the case of an individual--2,250 penalty units and, in the case of a 13
continuing offence, a further penalty of 600 penalty units for each day the 14
offence continues. 15
(2) A copy of the plan is to be provided to Dams Safety NSW and may be audited by 16
Dams Safety NSW. 17
(3) The emergency plan for a declared dam must be updated by the owner of the dam on 18
an annual basis or at such other intervals as may be required by the regulations. 19
(4) In auditing compliance by the owner of a declared dam with the emergency plan for 20
the dam, Dams Safety NSW may obtain the advice of the State Emergency Service. 21
18 Compliance notices 22
(1) Dams Safety NSW may, if of the opinion that the owner of a declared dam has failed 23
to comply with any requirement under this Division (whether or not the failure to 24
comply constitutes an offence), give the owner a notice in writing (a compliance 25
notice) requiring the owner to take such action as is specified in the notice. 26
(2) Without limiting subsection (1), a compliance notice may: 27
(a) require the owner to remedy the consequences of the failure to comply, and 28
(b) include monitoring and reporting requirements to ensure that the notice is 29
complied with. 30
(3) The owner of a declared dam who is given a compliance notice must comply with the 31
requirements of the notice. 32
Maximum penalty: 33
(a) in the case of a corporation--10,000 penalty units and, in the case of a 34
continuing offence, a further penalty of 1,200 penalty units for each day the 35
offence continues, or 36
(b) in the case of an individual--2,250 penalty units and, in the case of a 37
continuing offence, a further penalty of 600 penalty units for each day the 38
offence continues. 39
(4) If the owner of a declared dam fails to take the action specified in a compliance notice 40
given to the owner, Dams Safety NSW may take that action and recover from the 41
owner as a debt in any court of competent jurisdiction the costs and expenses 42
incurred by it in taking that action. 43
Page 8
Dams Safety Bill 2015 [NSW]
Part 3 Safety of declared dams
Division 2 Directions and emergency orders 1
19 Directions by Dams Safety NSW to ensure safety of declared dams 2
(1) If Dams Safety NSW is of the opinion that a declared dam is unsafe or is in danger 3
of becoming unsafe, Dams Safety NSW may, by order in writing given to the owner 4
of the dam, direct the owner to do such things as are specified or described in the 5
order as may be reasonably necessary to ensure the safety and proper maintenance 6
and operation of the dam. 7
(2) If Dams Safety NSW is of the opinion that anything done or proposed to be done by 8
a person to or in relation to a declared dam (including the water or other material 9
impounded by the dam) or in the vicinity of a declared dam may endanger the safety 10
of the dam, Dams Safety NSW may, by order in writing given to the person, direct 11
the person to do such things as are specified or described in the order as may be 12
reasonably necessary to ensure the safety of the dam. 13
(3) A person who does not comply with a direction under this section is guilty of an 14
offence. 15
Maximum penalty: 16
(a) in the case of a corporation--10,000 penalty units and, in the case of a 17
continuing offence, a further penalty of 1,200 penalty units for each day the 18
offence continues, or 19
(b) in the case of an individual--2,250 penalty units and, in the case of a 20
continuing offence, a further penalty of 600 penalty units for each day the 21
offence continues. 22
(4) If the owner of a declared dam does not comply with a direction under this section, 23
Dams Safety NSW may do all such things as may be necessary to give effect to the 24
direction and recover the costs and expenses incurred in doing any such thing from 25
the owner of the dam as a debt in any court of competent jurisdiction. 26
20 "Stop work" directions 27
(1) If Dams Safety NSW is of the opinion that anything being done or proposed to be 28
done to or in relation to a declared dam or in the vicinity of a declared dam by any 29
person may endanger the safety of the dam, Dams Safety NSW may, by order in 30
writing given to the person, direct the person to cease or refrain from doing the thing. 31
(2) A person who does not comply with a direction under this section is guilty of an 32
offence. 33
Maximum penalty: 34
(a) in the case of a corporation--10,000 penalty units and, in the case of a 35
continuing offence, a further penalty of 1,200 penalty units for each day the 36
offence continues, or 37
(b) in the case of an individual--2,250 penalty units and, in the case of a 38
continuing offence, a further penalty of 600 penalty units for each day the 39
offence continues. 40
21 Emergency orders 41
(1) Dams Safety NSW may, by order in writing (an emergency order), declare that an 42
emergency exists in respect of a declared dam if: 43
(a) the dam has collapsed or failed in whole or in part, or 44
(b) Dams Safety NSW is of the opinion that: 45
(i) the dam is liable to collapse or fail in whole or in part, or 46
Page 9
Dams Safety Bill 2015 [NSW]
Part 3 Safety of declared dams
(ii) an emergency exists that constitutes an immediate threat to public 1
health or public safety or that is causing or is likely to cause damage to 2
property. 3
(2) An emergency order has effect on and from the date specified in the order. 4
(3) Unless it is sooner revoked, an emergency order continues in force for such period as 5
is specified in the order. 6
(4) An emergency order must be published in the Gazette as soon as practicable after it 7
is made. 8
(5) If an emergency order is in force in relation to a declared dam, Dams Safety NSW 9
may do any one or more of the following things in relation to the dam: 10
(a) take full charge and control of the dam, the area under, over and surrounding 11
the dam and the water or other material impounded by the dam, 12
(b) release or discharge the whole or such part as Dams Safety NSW thinks fit of 13
the water or other material impounded by the dam, 14
(c) carry out all such works and do all such things as, in the opinion of Dams 15
Safety NSW, are necessary to make the dam safe, 16
(d) demolish or remove the whole or any part of the dam or any work or structure 17
on the dam, the water or other material impounded by the dam or the area 18
under, over or surrounding the dam, 19
(e) direct the owner of the dam, by order in writing, to take such measures as may 20
be specified in the direction, 21
(f) take such other measures as Dams Safety NSW thinks fit. 22
(6) The owner of a declared dam who does not comply with a direction under 23
subsection (5) (e) is guilty of an offence. 24
Maximum penalty: 25
(a) in the case of a corporation--10,000 penalty units and, in the case of a 26
continuing offence, a further penalty of 1,200 penalty units for each day the 27
offence continues, or 28
(b) in the case of an individual--2,250 penalty units and, in the case of a 29
continuing offence, a further penalty of 600 penalty units for each day the 30
offence continues. 31
(7) If the owner of a declared dam does not comply with a direction under 32
subsection (5) (e), Dams Safety NSW or a person authorised by Dams Safety NSW 33
may do all such things as may be necessary to give effect to the direction. 34
(8) Dams Safety NSW may recover the costs and expenses incurred by it in the exercise 35
of its functions under this section in respect of a declared dam from the owner of the 36
declared dam as a debt in any court of competent jurisdiction. 37
Division 3 General 38
22 Appeals to Land and Environment Court 39
(1) A person given a compliance notice under section 18 or a direction under section 19 40
or 20 may, within 28 days (or such other period as is prescribed instead by the 41
regulations) after being given the notice or direction, appeal to the Land and 42
Environment Court against the notice or direction. 43
(2) The lodging of an appeal does not, except to the extent that the Land and 44
Environment Court otherwise directs in relation to the appeal, operate to stay the 45
notice or direction appealed against. 46
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Dams Safety Bill 2015 [NSW]
Part 3 Safety of declared dams
23 Provisions relating to directions 1
A direction given by order under section 19 or 20: 2
(a) takes effect on the day on which the order is given to the person or on such 3
later date (following the date on which the order is given to the person) as may 4
be specified in the order, and 5
(b) is subject to such conditions as Dams Safety NSW may specify in the order, 6
and 7
(c) remains in force until whichever of the following happens first: 8
(i) the order is revoked by Dams Safety NSW, 9
(ii) the period (if any) for which the direction is expressed in the order to be 10
in force ends. 11
Page 11
Dams Safety Bill 2015 [NSW]
Part 4 Investigation and enforcement powers
Part 4 Investigation and enforcement powers 1
24 Purposes for which powers under Part may be exercised 2
Powers may be exercised under this Part for the following purposes: 3
(a) for determining whether there has been compliance with or a contravention of 4
this Act or the regulations, 5
(b) for obtaining information or records for purposes connected with the 6
administration of this Act, 7
(c) in connection with exercising the functions of an authorised officer under this 8
Act. 9
25 Appointment and identification of authorised officers 10
(1) Dams Safety NSW may appoint any of the following persons as an authorised officer 11
for the purposes of this Act: 12
(a) a member of Dams Safety NSW, 13
(b) a member of staff of Dams Safety NSW or any other Public Service employee, 14
(c) a person of a class prescribed by the regulations. 15
(2) Every authorised officer is to be provided by Dams Safety NSW with an 16
identification card. 17
(3) The identification card must: 18
(a) state that it is issued under this Act, and 19
(b) give the name of the person to whom it is issued and include a photograph of 20
that person, and 21
(c) state any conditions, limitations or restrictions on the authorised officer's 22
functions, and 23
(d) state the date (if any) on which it expires, and 24
(e) include the signature of the person who issued the card and state the capacity 25
in which the person is acting in issuing the card. 26
(4) A power conferred on an authorised officer under this Part to enter premises, or to 27
search or take other action on premises, may not be exercised unless the authorised 28
officer proposing to exercise the power is in possession of the identification card 29
issued to the authorised officer and produces the identification card if required to do 30
so by the occupier of the premises. 31
26 Scope of authority 32
(1) An authorisation of a person as an authorised officer can be given generally, or 33
subject to conditions, limitations or restrictions or only for limited purposes. 34
(2) The authority of an authorised officer may be limited by the relevant instrument of 35
appointment to the functions specified in the instrument of appointment. 36
(3) If such authorisation is given subject to conditions, limitations or restrictions or only 37
for limited purposes, nothing in this Act authorises or requires the authorised officer 38
to act in contravention of the conditions, limitations or restrictions or for other 39
purposes. 40
27 Power to enter premises 41
(1) An authorised officer may enter any premises. 42
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Dams Safety Bill 2015 [NSW]
Part 4 Investigation and enforcement powers
(2) The authorised officer may enter the premises with such assistants (including police 1
officers) as may reasonably be required. In the case of premises comprising a mine 2
within the meaning of the Work Health and Safety (Mines) Act 2013, the authorised 3
officer may be accompanied by a person nominated by the regulator within the 4
meaning of that Act. 5
(3) The authorised officer must notify the occupier of the premises before entering the 6
premises unless: 7
(a) the entry is made with the permission of the occupier, or 8
(b) the entry is made to a part of the premises open to the public, or 9
(c) notifying the occupier would defeat the purpose for which the premises were 10
entered or would unreasonably delay the authorised officer in a case of 11
urgency. 12
(4) Entry under the power conferred by this section may only be made at a reasonable 13
time. This subsection does not apply to a power conferred by a search warrant. 14
(5) The powers of entry conferred by this Part are not exercisable in relation to any part 15
of premises used only for residential purposes except: 16
(a) with the permission of the occupier of the premises, or 17
(b) under the authority conferred by a search warrant. 18
28 Search warrants 19
(1) An authorised officer under this Act may apply to an issuing officer for a search 20
warrant if the authorised officer has reasonable grounds for believing that a provision 21
of this Act or the regulations has been or is being contravened in or about any 22
premises. 23
(2) An issuing officer to whom such an application is made may, if satisfied that there 24
are reasonable grounds for doing so, issue a search warrant authorising an authorised 25
officer named in the warrant, and any other person named in the warrant: 26
(a) to enter the premises concerned, and 27
(b) to exercise any function of an authorised officer under this Part. 28
(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 29
applies to a search warrant issued under this section. 30
(4) In this section: 31
issuing officer means an authorised officer within the meaning of the Law 32
Enforcement (Powers and Responsibilities) Act 2002. 33
premises includes a vehicle. 34
29 Powers to inspect and seize things 35
(1) An authorised officer may, on any premises lawfully entered, do anything that, in the 36
opinion of the officer, is necessary to be done for the purposes of this Part, including 37
(but not limited to) the following: 38
(a) examine and inspect any part of the premises or any article or thing on the 39
premises, 40
(b) take and remove samples, 41
(c) make such examinations, inquiries, tests and surveys as the officer considers 42
necessary, 43
(d) take such photographs, films, audio, video and other recordings as the 44
authorised officer considers necessary, 45
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Dams Safety Bill 2015 [NSW]
Part 4 Investigation and enforcement powers
(e) require records to be produced for inspection, 1
(f) examine and inspect any records, 2
(g) copy any records, 3
(h) seize anything that the officer has reasonable grounds for believing is 4
connected with an offence under this Act or the regulations, 5
(i) do any other thing that the officer is empowered to do under this Part. 6
(2) If the authorised officer takes any document or thing under this section, the 7
authorised officer must: 8
(a) give notice of the taking of the document or thing to the person apparently in 9
charge of it or to a manager of the premises, and 10
(b) return the document or thing to that person or the premises within 7 days after 11
taking it. 12
(3) A person may accompany an authorised officer and take all reasonable steps to assist 13
an authorised officer in the exercise of the authorised officer's functions under this 14
section if the authorised officer is of the opinion that the person is capable of 15
providing assistance to the authorised officer in the exercise of those functions. 16
(4) For the purpose of enabling an authorised officer to exercise any of the functions of 17
an authorised officer under this section in connection with any premises, Dams 18
Safety NSW may, by notice in writing given to the owner or occupier of the premises, 19
require the owner or occupier to provide such reasonable assistance and facilities as 20
are specified in the notice within a specified time and in a specified manner. 21
30 Powers to require information and records 22
(1) An authorised officer may, by notice in writing given to the owner of a declared dam, 23
require the owner to furnish to the officer such information or records (or both) as the 24
officer requires by the notice in connection with any matter arising under or in 25
connection with this Act. 26
(2) Any such notice must specify the manner in which information or records are 27
required to be furnished and a reasonable time by which the information or records 28
are required to be furnished. 29
(3) A notice under this section may only require the owner of a declared dam to furnish 30
records that are in the owner's possession or that are within the owner's power to 31
obtain lawfully. 32
(4) The authorised officer to whom any record is furnished under this section may take 33
copies of it. 34
(5) If any record required to be furnished under this section is in electronic, mechanical 35
or other form, the notice requires the record to be furnished in written form, unless 36
the notice otherwise provides. 37
(6) This section applies whether or not a power of entry under this Part is being or has 38
been exercised. 39
31 Powers of authorised officers to require answers 40
An authorised officer may require a person whom the authorised officer suspects on 41
reasonable grounds to have knowledge of any matter in respect of which information 42
is reasonably required for the purposes of this Act to answer questions in relation to 43
that matter. 44
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Dams Safety Bill 2015 [NSW]
Part 4 Investigation and enforcement powers
32 Powers of authorised officers to require surveys and assessments 1
An authorised officer may, by notice in writing given to the owner of a declared dam, 2
require the owner to carry out such surveys and assessments, at the expense of the 3
owner, in relation to the dam as are required by the authorised officer. 4
33 Offences 5
A person who: 6
(a) prevents an authorised officer from exercising the authorised officer's 7
functions under this Act, or 8
(b) hinders, obstructs, threatens or assaults an authorised officer in the exercise of 9
such a function, or 10
(c) without lawful excuse, fails to comply with a requirement made of the person 11
under this Part, or 12
(d) provides an authorised officer with a document or information knowing that it 13
is false or misleading in a material particular, or 14
(e) impersonates an authorised officer or falsely represents that the person is an 15
authorised officer, 16
is guilty of an offence. 17
Maximum penalty: 100 penalty units. 18
34 Provisions relating to requirements to provide information or records or answer 19
questions 20
(1) A person is not guilty of an offence of failing to comply with a requirement under 21
this Part to furnish information or records or to answer a question unless the person 22
was warned on that occasion that a failure to comply is an offence. 23
(2) A person is not excused from a requirement under this Part to provide information or 24
records or to answer a question on the ground that the information, record or answer 25
might incriminate the person or make the person liable to a penalty. 26
(3) However, any information furnished or answer given by a natural person in 27
compliance with a requirement under this Part is not admissible in evidence against 28
the person in criminal proceedings (except proceedings for an offence under this 29
Part) if: 30
(a) the person objected at the time to doing so on the ground that it might 31
incriminate the person, or 32
(b) the person was not warned on that occasion that the person may object to 33
providing the information or giving the answer on the ground that it might 34
incriminate the person. 35
(4) Any record furnished by a person in compliance with a requirement under this Part 36
is not inadmissible in evidence against the person in criminal proceedings on the 37
ground that the record might incriminate the person. 38
(5) Further information obtained as a result of a record or information furnished or an 39
answer given in compliance with a requirement under this Part is not inadmissible on 40
the ground: 41
(a) that the record or information had to be furnished or the answer had to be 42
given, or 43
(b) that the record or information furnished or answer given might incriminate the 44
person. 45
Page 15
Dams Safety Bill 2015 [NSW]
Part 5 Formal inquiries into safety of declared dams
Part 5 Formal inquiries into safety of declared dams 1
35 Inquiries 2
(1) Dams Safety NSW may, and if directed to do so by the Minister must, conduct an 3
inquiry into any matter relating to the safety of a declared dam. 4
(2) Dams Safety NSW may determine the matters to be examined in the course of an 5
inquiry under this Part. 6
(3) This Part does not limit the power of Dams Safety NSW to conduct an inquiry into 7
any matter even though it has appointed another person or body to do so. 8
(4) This Part does not affect any law relating to immunity of an individual from 9
self-incrimination. 10
36 Person or body conducting inquiries 11
(1) Dams Safety NSW may appoint any of the following to conduct an inquiry under this 12
Part: 13
(a) a committee of Dams Safety NSW, 14
(b) with the approval of the Minister, any other person or body Dams Safety NSW 15
considers appropriate to conduct the inquiry. 16
(2) Dams Safety NSW may appoint one or more persons to assist the inquiry. 17
(3) Dams Safety NSW may, in the case where 2 or more persons are appointed to 18
conduct the inquiry, appoint one of those persons to preside at any meeting of those 19
persons for the purposes of the inquiry. 20
(4) A person appointed by Dams Safety NSW to conduct or assist the inquiry may be 21
paid such remuneration and allowances (if any) as the Minister determines in respect 22
of the person. 23
37 Procedures at inquiries 24
(1) The procedure to be followed at an inquiry under this Part is to be determined by the 25
person or body conducting it, subject to this Act and the regulations. 26
(2) The person or body conducting the inquiry may, by notice in writing given to any 27
person, require the person within such reasonable time as may be specified in the 28
notice: 29
(a) to furnish to that person or body such information, and 30
(b) to produce to that person or body such documents in the person's possession 31
or under the person's control, 32
as may be required for the purposes of the inquiry and as may be specified in the 33
notice, whether generally or otherwise. 34
(3) The person or body conducting the inquiry may, by notice in writing given to any 35
person, require the person: 36
(a) to attend at a specified time and place before that person or body and at such 37
other times as may be required by that person or body, and 38
(b) to give evidence concerning any matter the subject of the inquiry, and 39
(c) to produce all such documents in the person's possession or under the person's 40
control as may be required for the purposes of the inquiry and as may be 41
specified in the notice, whether generally or otherwise. 42
(4) The person or body conducting the inquiry may require any such evidence to be 43
given in writing or orally. 44
Page 16
Dams Safety Bill 2015 [NSW]
Part 5 Formal inquiries into safety of declared dams
(5) The person or body conducting the inquiry may, subject to section 13 of the Oaths 1
Act 1900, require any such evidence to be given on oath, and for that purpose the 2
person presiding may administer an oath. 3
(6) A person who fails to comply with the requirements of a notice given to the person 4
under this section is guilty of an offence. 5
Maximum penalty: 100 penalty units. 6
(7) A person who: 7
(a) furnishes any information pursuant to subsection (2) knowing that it is false or 8
misleading in a material particular, or 9
(b) gives any evidence pursuant to subsection (3) knowing that it is false or 10
misleading in a material particular, 11
is guilty of an offence. 12
Maximum penalty: 100 penalty units. 13
(8) The person or body conducting the inquiry is not bound by the rules of evidence, and 14
may be informed in such manner as the person or body thinks fit. 15
38 Public nature of inquiries 16
(1) An inquiry under this Part is to be held in public. 17
(2) Before the inquiry starts, the person or body conducting it is required to give notice, 18
by advertisement in the Gazette and in such newspapers as the person or body thinks 19
appropriate, of the intention to hold the inquiry, of its subject and of the time and 20
place at which it is to start. 21
(3) However, if the person or body conducting the inquiry is satisfied that it is desirable 22
in the public interest to do so because of the confidential nature of any evidence or 23
matter or for any other reason, the person or body may do either or both of the 24
following: 25
(a) direct that the inquiry or any part of it take place in private and give directions 26
as to the persons who may be present, 27
(b) give directions prohibiting or restricting the publication of evidence given at 28
the inquiry or of matters contained in documents provided for the inquiry. 29
(4) A person who publishes any evidence or matter in contravention of any such 30
direction of the person or body conducting the inquiry is guilty of an offence unless: 31
(a) the publication of the evidence was made with the consent of the person who 32
gave the evidence or the publication of the matter was made with the consent 33
of the person who provided the document, or 34
(b) the evidence or matter has already been lawfully published, or 35
(c) the person became aware of the evidence or matter otherwise than by reason, 36
directly or indirectly, of the giving of the evidence at the inquiry or the 37
provision of the document at the inquiry, or 38
(d) the person had any other lawful excuse to do so. 39
Maximum penalty: 100 penalty units. 40
(5) If evidence is given by written statement, the person or body conducting the inquiry 41
is to make available to the public in such manner as the person or body thinks fit the 42
contents of the statement. This does not apply to matter the publication of which, in 43
the opinion of the person or body, would be contrary to the public interest because of 44
its confidential nature or for any other reason. 45
Page 17
Dams Safety Bill 2015 [NSW]
Part 5 Formal inquiries into safety of declared dams
39 Report of inquiry 1
(1) The person or body conducting an inquiry under this Part is to prepare a report to 2
Dams Safety NSW of its findings and recommendations. 3
(2) The report is to be provided to the Minister by Dams Safety NSW if the Minister 4
directed that the inquiry be conducted. 5
Page 18
Dams Safety Bill 2015 [NSW]
Part 6 Finance
Part 6 Finance 1
40 Dams Safety Fund 2
(1) There is to be established in the Special Deposits Account a Dams Safety Fund (the 3
Fund) into which is to be paid the following: 4
(a) any money advanced to Dams Safety NSW by the Treasurer or appropriated 5
by Parliament for the purposes of Dams Safety NSW, 6
(b) any dams safety levy paid under section 41, 7
(c) the proceeds of the investment of money in the Fund, 8
(d) any money required or authorised to be paid into the Fund by or under this or 9
any other Act. 10
(2) There is to be paid from the Fund: 11
(a) all amounts required to meet expenditure incurred by Dams Safety NSW in 12
exercising its functions and in the administration of this Act, and 13
(b) all other payments required by or under this or any other Act to be paid from 14
the Fund. 15
(3) Dams Safety NSW may invest money in the Fund: 16
(a) in the manner authorised by the Public Authorities (Financial Arrangements) 17
Act 1987, or 18
(b) if that Act does not confer power on Dams Safety NSW to invest the money, 19
in any other manner approved by the Minister with the concurrence of the 20
Treasurer. 21
41 Dams safety levy 22
(1) The regulations may make provision for or with respect to the payment by owners of 23
declared dams of a dams safety levy to meet the costs incurred in the administration 24
of this Act to the extent that it relates to declared dams. 25
(2) Any such dams safety levy is payable to Dams Safety NSW. 26
(3) The amount of a dams safety levy, and the times or intervals at which it is to be paid, 27
are to be determined in accordance with the regulations. 28
Page 19
Dams Safety Bill 2015 [NSW]
Part 7 Criminal proceedings and related matters
Part 7 Criminal proceedings and related matters 1
42 Nature of proceedings for offences 2
(1) Proceedings for an offence under this Act or the regulations may be dealt with 3
summarily before: 4
(a) the Local Court, or 5
(b) the Land and Environment Court in its summary jurisdiction. 6
(2) The maximum monetary penalty that may be imposed by the Local Court in 7
proceedings for an offence under this Act or the regulations is: 8
(a) the lesser of the following: 9
(i) 200 penalty units, 10
(ii) the maximum monetary penalty specified in respect of the offence, and 11
(b) in the case of a continuing offence, 10 per cent of the further monetary penalty 12
specified in respect of the offence for each day the offence continues. 13
(3) The maximum penalty that may be imposed by the Land and Environment Court in 14
proceedings for an offence against this Act or the regulations is the maximum penalty 15
specified in respect of the offence. 16
43 Time for commencing proceedings 17
(1) Proceedings for an offence under this Act or the regulations may be commenced not 18
later than 12 months after the offence was alleged to have been committed. 19
(2) Proceedings for an offence under this Act or the regulations may also be commenced 20
within, but not later than, 12 months after Dams Safety NSW or the Secretary became 21
aware of the alleged offence. 22
(3) If subsection (2) is relied on for the purpose of commencing proceedings for an 23
offence, the court attendance notice must contain particulars of the date on which 24
evidence of the alleged offence first came to the attention of Dams Safety NSW or 25
the Secretary and need not contain particulars of the date on which the offence was 26
alleged to have been committed. 27
(4) The date on which evidence first came to the attention of Dams Safety NSW or the 28
Secretary is the date specified in the court attendance notice, unless the contrary is 29
established. 30
(5) This section applies despite anything in the Criminal Procedure Act 1986 or any 31
other Act. 32
(6) In this section: 33
evidence of an offence means evidence of any act or omission constituting the 34
offence. 35
44 Continuing offences 36
(1) A person who is guilty of an offence because the person contravenes a requirement 37
made by or under this Act or the regulations (whether the requirement is imposed by 38
a notice or otherwise) to do or cease to do something (whether or not within a 39
specified period or before a particular time): 40
(a) continues, until the requirement is complied with and despite the fact that any 41
specified period has expired or time has passed, to be liable to comply with the 42
requirement, and 43
(b) is guilty of a continuing offence for each day the contravention continues. 44
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Dams Safety Bill 2015 [NSW]
Part 7 Criminal proceedings and related matters
(2) This section does not apply to an offence if the relevant provision of this Act or the 1
regulations does not provide for a penalty for a continuing offence. 2
(3) This section does not apply to the extent that a requirement of a notice is revoked. 3
45 Offences by corporations 4
(1) If a corporation contravenes, whether by act or omission, any provision of this Act 5
or the regulations, each person who is a director of the corporation or who is 6
concerned in the management of the corporation is taken to have contravened the 7
same provision if the person knowingly authorised or permitted the contravention. 8
(2) A person may be proceeded against and convicted under a provision pursuant to 9
subsection (1) whether or not the corporation has been proceeded against or 10
convicted under that provision. 11
(3) Nothing in this section affects any liability imposed on a corporation for an offence 12
committed by the corporation under this Act or the regulations. 13
46 Penalty notices 14
(1) An authorised officer may serve a penalty notice on a person if it appears to the 15
officer that the person has committed an offence against this Act or the regulations, 16
being an offence prescribed by the regulations as a penalty notice offence. 17
(2) A penalty notice is a notice to the effect that, if the person served does not wish to 18
have the matter determined by a court, the person can pay, within the time and to the 19
person specified in the notice, the amount of the penalty prescribed by the regulations 20
for the offence if dealt with under this section. 21
(3) A penalty notice under this section is declared to be a penalty notice for the purposes 22
of the Fines Act 1996. 23
(4) A penalty notice may be served personally or by post. 24
(5) If the amount of penalty prescribed for an alleged offence is paid under this section, 25
no person is liable to any further proceedings for the alleged offence. 26
(6) Payment under this section is not to be regarded as an admission of liability for the 27
purpose of, and does not in any way affect or prejudice, any civil claim, action or 28
proceeding arising out of the same occurrence. 29
(7) The regulations may: 30
(a) prescribe an offence for the purposes of this section by specifying the offence 31
or by referring to the provision creating the offence, and 32
(b) prescribe the amount of penalty payable for the offence if dealt with under this 33
section, and 34
(c) prescribe different amounts of penalties for different offences or classes of 35
offences. 36
(8) The amount of a penalty prescribed under this section for an offence is not to exceed 37
the maximum amount of penalty that could be imposed for the offence by a court. 38
(9) This section does not limit the operation of any other provision of, or made under, 39
this or any other Act relating to proceedings that may be taken in respect of offences. 40
Page 21
Dams Safety Bill 2015 [NSW]
Part 8 Miscellaneous
Part 8 Miscellaneous 1
47 Act to bind Crown 2
This Act binds the Crown in right of New South Wales and, in so far as the legislative 3
power of the Parliament of New South Wales permits, the Crown in all its other 4
capacities. 5
48 Mining in notification areas--requirement for consent authorities to consult with 6
Dams Safety NSW 7
(1) Dams Safety NSW may, by order published in the Gazette, declare an area of land 8
that: 9
(a) surrounds, or is in the vicinity of, a declared dam, and 10
(b) is described in the order, 11
as a notification area for the purposes of this section. 12
(2) The order under which an area of land is declared as a notification area must identify 13
the area by map. 14
(3) The map identifying land declared as a notification area must be published on the 15
public website of Dams Safety NSW or, if no such website is available, the public 16
website of the Department. Dams Safety NSW may also arrange for any such map to 17
be published on the NSW planning portal. 18
(4) A consent authority must, before granting development consent for the carrying out 19
of any mining operations under the Mining Act 1992 in a notification area: 20
(a) refer the application for development consent to Dams Safety NSW, and 21
(b) take into consideration any matters that are raised by Dams Safety NSW in 22
relation to the application within 28 days (or such other period as is agreed 23
between the consent authority and Dams Safety NSW) after the application is 24
referred to Dams Safety NSW. 25
(5) A reference in this section: 26
(a) to an application for development consent includes a reference to an 27
application to modify an existing development consent, and 28
(b) to the granting of development consent includes a reference to the 29
modification of a development consent. 30
(6) In this section, consent authority, development consent and NSW planning portal 31
have the same meanings as in the Environmental Planning and Assessment Act 1979. 32
49 Arrangements with public authorities 33
(1) Dams Safety NSW may enter into an arrangement or agreement with any public 34
authority that: 35
(a) the public authority may act as agent of Dams Safety NSW for the purposes of 36
this Act, or 37
(b) Dams Safety NSW may act as agent of the public authority for the purposes of 38
this Act, 39
on such terms and conditions as may be agreed on by Dams Safety NSW and the 40
public authority. 41
(2) Despite anything in any other Act, a public authority may enter into such an 42
arrangement or agreement and may do or suffer anything necessary or expedient for 43
carrying out any such arrangement or agreement. 44
Page 22
Dams Safety Bill 2015 [NSW]
Part 8 Miscellaneous
50 Exclusion of personal liability 1
An act or omission of any of the following: 2
(a) the Minister, 3
(b) a member of Dams Safety NSW or a committee of Dams Safety NSW, 4
(c) a member of staff of Dams Safety NSW, 5
(d) an authorised officer, 6
(e) any individual acting under the direction of a person or body referred to above, 7
(f) any individual acting as the delegate of a person or body referred to above, 8
does not subject the Minister or any such member, officer or individual so acting 9
personally to any action, liability, claim or demand if the act or omission was done, 10
or omitted to be done, in good faith for the purpose of executing this Act. 11
51 Service of documents 12
(1) A document that is authorised or required by this Act or the regulations to be served 13
on any person may be served by: 14
(a) in the case of a natural person: 15
(i) delivering it to the person personally, or 16
(ii) sending it by post to the address specified by the person for the giving 17
or service of documents or, if no such address is specified, the 18
residential or business address of the person last known to the person 19
giving or serving the document, or 20
(iii) sending it by facsimile transmission to the facsimile number of the 21
person, or 22
(b) in the case of a body corporate: 23
(i) leaving it with a person apparently of or above the age of 16 years at, or 24
by sending it by post to, the head office, a registered office or a principal 25
office of the body corporate or to an address specified by the body 26
corporate for the giving or service of documents, or 27
(ii) sending it by facsimile transmission to the facsimile number of the body 28
corporate. 29
(2) Nothing in this section affects the operation of any provision of a law or of the rules 30
of a court authorising a document to be served on a person in any other manner. 31
52 Service of documents on Dams Safety NSW 32
(1) A document may be served on Dams Safety NSW by leaving it at, or by sending it 33
by post to: 34
(a) the office of Dams Safety NSW, or 35
(b) if it has more than one office, any one of its offices. 36
(2) Nothing in subsection (1) affects the operation of any provision of a law or of the 37
rules of a court authorising a document to be served on Dams Safety NSW in a 38
manner not provided for by subsection (1). 39
53 Regulations 40
(1) The Governor may make regulations, not inconsistent with this Act, for or with 41
respect to any matter that by this Act is required or permitted to be prescribed or that 42
is necessary or convenient to be prescribed for carrying out or giving effect to this 43
Act. 44
Page 23
Dams Safety Bill 2015 [NSW]
Part 8 Miscellaneous
(2) A regulation may create an offence punishable by a penalty not exceeding 50 penalty 1
units. 2
54 Repeal of Dams Safety Act 1978 No 96 3
The Dams Safety Act 1978 is repealed. 4
55 Review of Act 5
(1) The Minister is to review this Act to determine whether the policy objectives of the 6
Act remain valid and whether the terms of the Act remain appropriate for securing 7
those objectives. 8
(2) The review is to be undertaken as soon as possible after the period of 5 years from 9
the commencement of this Act. 10
(3) A report on the outcome of the review is to be tabled in each House of Parliament 11
within 12 months after the end of the period of 5 years. 12
Page 24
Dams Safety Bill 2015 [NSW]
Schedule 1 Provisions relating to members and procedure of Dams Safety NSW
Schedule 1 Provisions relating to members and procedure of 1
Dams Safety NSW 2
(Section 7 (5)) 3
1 Definitions 4
In this Schedule: 5
appointed member means a member of Dams Safety NSW appointed by the 6
Minister. 7
member means any member of Dams Safety NSW. 8
2 Terms of office 9
Subject to this Schedule and the regulations, an appointed member holds office for 10
such period (not exceeding 4 years) as is specified in the member's instrument of 11
appointment, but is eligible (if otherwise qualified) for re-appointment. 12
3 Part-time appointments 13
Appointed members hold office as part-time members. 14
4 Remuneration 15
An appointed member is entitled to be paid such remuneration (including travelling 16
and subsistence allowances) as the Minister, in consultation with the Public Service 17
Commissioner, may from time to time determine in respect of the member. 18
5 Acting members 19
(1) The Minister may, from time to time, appoint a person to act in the office of an 20
appointed member during the illness or absence of the member, and the person, while 21
so acting, has and may exercise all the functions of the member and is taken to be a 22
member. 23
(2) The Minister may remove a person from the office to which he or she was appointed 24
under this clause. 25
(3) For the purposes of this clause, a vacancy in the office of a member or the suspension 26
of a member is to be regarded as an absence from office of the member. 27
6 Suspension of members 28
(1) The Minister may, by order in writing, suspend an appointed member of Dams Safety 29
NSW for a period specified in the order. 30
(2) A copy of an order given under this clause must be served on the member. 31
(3) The member, while suspended from office under this clause: 32
(a) is not entitled to exercise any functions of the office, and 33
(b) is not entitled to any fee or other remuneration to which the member would 34
otherwise be entitled as the holder of the office. 35
(4) The period of suspension under an order made under this clause commences on the 36
date the order is served on the member or the date specified in the order for the 37
commencement of the period of suspension, whichever is the later. 38
7 Vacancy in office of member 39
(1) The office of an appointed member becomes vacant if the member: 40
(a) dies, or 41
Page 25
Dams Safety Bill 2015 [NSW]
Schedule 1 Provisions relating to members and procedure of Dams Safety NSW
(b) completes a term of office and is not re-appointed, or 1
(c) resigns the office by instrument in writing addressed to the Minister, or 2
(d) is removed from office by the Minister under this clause, or 3
(e) is absent from 4 consecutive meetings of Dams Safety NSW of which 4
reasonable notice has been given to the member personally or by post, except 5
on leave granted by the Minister or unless the member is excused by the 6
Minister for having been absent from those meetings, or 7
(f) becomes bankrupt, applies to take the benefit of any law for the relief of 8
bankrupt or insolvent debtors, compounds with his or her creditors or makes 9
an assignment of his or her remuneration for their benefit, or 10
(g) becomes a mentally incapacitated person, or 11
(h) becomes the owner of a declared dam, or 12
(i) is convicted in New South Wales of an offence that is punishable by 13
imprisonment for 12 months or more or is convicted elsewhere than in New 14
South Wales of an offence that, if committed in New South Wales, would be 15
an offence so punishable. 16
(2) The Minister may remove an appointed member from office at any time for any or 17
no stated reason and without notice. 18
8 Filling of vacancy in office of appointed member 19
If the office of any appointed member becomes vacant, a person is, subject to this Act 20
and the regulations, to be appointed to fill the vacancy. 21
9 Chairperson and Deputy Chairperson 22
(1) The Chairperson or Deputy Chairperson of Dams Safety NSW vacates office as 23
Chairperson or Deputy Chairperson if he or she: 24
(a) is removed from that office by the Minister under this clause, or 25
(b) resigns that office by instrument in writing addressed to the Minister, or 26
(c) ceases to be a member of Dams Safety NSW. 27
(2) The Minister may at any time remove the Chairperson or Deputy Chairperson from 28
office as Chairperson or Deputy Chairperson. 29
10 Conduct of members 30
(1) A member must: 31
(a) act honestly and exercise a reasonable degree of care and diligence in carrying 32
out the member's functions, and 33
(b) act for a proper purpose in carrying out the member's functions, and 34
(c) not use the office of member for personal advantage, and 35
(d) not use the office of member to the detriment of Dams Safety NSW, and 36
(e) disclose any interest (whether pecuniary or otherwise) that could conflict with 37
the proper performance of the member's functions and avoid performing any 38
function that could involve such a conflict of interest. 39
(2) This clause applies to a member of a committee of Dams Safety NSW and the 40
committee in the same way as it applies to a member of Dams Safety NSW and Dams 41
Safety NSW. 42
Page 26
Dams Safety Bill 2015 [NSW]
Schedule 1 Provisions relating to members and procedure of Dams Safety NSW
11 Disclosure of pecuniary interests 1
(1) If: 2
(a) a member has a direct or indirect pecuniary interest in a matter being 3
considered or about to be considered at a meeting of Dams Safety NSW, and 4
(b) the interest appears to raise a conflict with the proper performance of the 5
member's duties in relation to the consideration of the matter, 6
the member must, as soon as possible after the relevant facts have come to the 7
member's knowledge, disclose the nature of the interest at a meeting of Dams Safety 8
NSW. 9
(2) A disclosure by a member at a meeting of Dams Safety NSW that the member: 10
(a) is a member, or is in the employment, of a specified company or other body, or 11
(b) is a partner, or is in the employment, of a specified person, or 12
(c) has some other specified interest relating to a specified company or other body 13
or to a specified person, 14
is a sufficient disclosure of the nature of the interest in any matter relating to that 15
company or other body or to that person which may arise after the date of the 16
disclosure and which is required to be disclosed under subclause (1). 17
(3) Particulars of any disclosure made under this clause must be recorded by Dams 18
Safety NSW in a book kept for the purpose and that book must be open at all 19
reasonable hours to inspection by any person on payment of the fee determined by 20
Dams Safety NSW. 21
(4) After a member has disclosed the nature of an interest in any matter, the member 22
must not, unless the Minister or Dams Safety NSW otherwise determines: 23
(a) be present during any deliberation of Dams Safety NSW with respect to the 24
matter, or 25
(b) take part in any decision of Dams Safety NSW with respect to the matter. 26
(5) For the purposes of the making of a determination by Dams Safety NSW under 27
subclause (4), a member who has a direct or indirect pecuniary interest in a matter to 28
which the disclosure relates must not: 29
(a) be present during any deliberation of Dams Safety NSW for the purpose of 30
making the determination, or 31
(b) take part in the making by Dams Safety NSW of the determination. 32
(6) A contravention of this clause does not invalidate any decision of Dams Safety NSW. 33
(7) This clause applies to a member of a committee of Dams Safety NSW and the 34
committee in the same way as it applies to a member of Dams Safety NSW and Dams 35
Safety NSW. 36
12 Effect of certain other Acts 37
(1) The provisions of the Government Sector Employment Act 2013 relating to the 38
employment of Public Service employees do not apply to an appointed member. 39
(2) If by or under any Act provision is made: 40
(a) requiring a person who is the holder of a specified office to devote the whole 41
of his or her time to the duties of that office, or 42
(b) prohibiting the person from engaging in employment outside the duties of that 43
office, 44
the provision does not operate to disqualify the person from holding that office and 45
also the office of an appointed member or from accepting and retaining any 46
remuneration payable to the person under this Act as a member. 47
Page 27
Dams Safety Bill 2015 [NSW]
Schedule 1 Provisions relating to members and procedure of Dams Safety NSW
13 General procedure 1
The procedure for the calling of meetings of Dams Safety NSW and for the conduct 2
of business at those meetings is, subject to this Act and the regulations, to be as 3
determined by Dams Safety NSW. 4
14 Quorum 5
The quorum for a meeting of Dams Safety NSW is a majority of the appointed 6
members for the time being. 7
15 Presiding 8
(1) The Chairperson of Dams Safety NSW (or, in the absence or at the request of the 9
Chairperson, the Deputy Chairperson of Dams Safety NSW) is to preside at a 10
meeting of Dams Safety NSW. 11
(2) The presiding member has a deliberative vote and, in the event of an equality of 12
votes, has a second or casting vote. 13
16 Voting 14
(1) A decision supported by a majority of the votes cast at a meeting of Dams Safety 15
NSW at which a quorum is present is the decision of Dams Safety NSW. 16
(2) The Chief Executive Officer is not entitled to vote on any matter considered by Dams 17
Safety NSW. 18
17 Transaction of business outside meetings or by telephone 19
(1) Dams Safety NSW may, if it thinks fit, transact any of its business by the circulation 20
of papers among all the members of Dams Safety NSW for the time being, and a 21
resolution in writing approved in writing by a majority of those members is taken to 22
be a decision of Dams Safety NSW. 23
(2) Dams Safety NSW may, if it thinks fit, transact any of its business at a meeting at 24
which members (or some members) participate by telephone, closed-circuit 25
television or other means, but only if any member who speaks on a matter before the 26
meeting can be heard by the other members. 27
(3) For the purposes of: 28
(a) the approval of a resolution under subclause (1), or 29
(b) a meeting held in accordance with subclause (2), 30
the Chairperson and each appointed member have the same voting rights as they have 31
at an ordinary meeting of Dams Safety NSW. 32
(4) A resolution approved under subclause (1) is, subject to the regulations, to be 33
recorded in the minutes of the meetings of Dams Safety NSW. 34
(5) Papers may be circulated among the members for the purposes of subclause (1) by 35
facsimile or other transmission of the information in the papers concerned. 36
18 First meeting 37
The Minister may call the first meeting of Dams Safety NSW in such manner as the 38
Minister thinks fit. 39
Page 28
Dams Safety Bill 2015 [NSW]
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions 1
Part 1 General 2
1 Regulations 3
(1) The regulations may contain provisions of a savings or transitional nature consequent 4
on the enactment of this Act or any Act that amends this Act. 5
(2) Any such provision may, if the regulations so provide, take effect from the date of 6
assent to the Act concerned or a later date. 7
(3) To the extent to which any such provision takes effect from a date that is earlier than 8
the date of its publication on the NSW legislation website, the provision does not 9
operate so as: 10
(a) to affect, in a manner prejudicial to any person (other than the State or an 11
authority of the State), the rights of that person existing before the date of its 12
publication, or 13
(b) to impose liabilities on any person (other than the State or an authority of the 14
State) in respect of anything done or omitted to be done before the date of its 15
publication. 16
Part 2 Provisions consequent on enactment of this Act 17
2 Definitions 18
In this Part: 19
former Act means the Dams Safety Act 1978 as in force immediately before its repeal 20
by this Act. 21
former Committee means the Dams Safety Committee constituted by the former Act. 22
3 Continuation of former Committee and account 23
(1) Dams Safety NSW is a continuation of, and the same legal entity as, the former 24
Committee. 25
Note. Section 53 of the Interpretation Act 1987 contains savings provisions in relation to the 26
effect of the reconstitution of the former Committee under a new name. 27
(2) The Dams Safety Fund established under this Act is a continuation of the Dams 28
Safety Committee Account established under the former Act. 29
4 Members of former Committee cease to hold office 30
The persons who were members of the former Committee immediately before the 31
repeal of the former Act cease to hold office as members and are not entitled to any 32
remuneration or compensation because of the loss of that office. 33
5 Interim advisory committee 34
(1) Pending the commencement of section 6, there is to be an Interim Dams Safety 35
Advisory Committee (interim advisory committee) comprising persons appointed by 36
the Minister to carry out such functions in relation to the administration of this Act 37
as may be determined by the Minister. 38
(2) Without limiting subclause (1), the interim advisory committee is to have the 39
following functions: 40
(a) to identify criteria for declaring dams under this Act, 41
(b) to develop dams safety standards, 42
Page 29
Dams Safety Bill 2015 [NSW]
Schedule 2 Savings, transitional and other provisions
(c) to undertake other regulatory and policy development in relation to dams 1
safety. 2
(3) In appointing persons as members of the interim advisory committee, the Minister is, 3
as far as is practicable, to appoint only those persons who would be eligible for 4
appointment as members of Dams Safety NSW. 5
(4) The procedure for meetings of the interim advisory committee may be determined by 6
the Minister. 7
(5) The members of the interim advisory committee cease to hold office on the 8
commencement of section 6 but are, subject to this Act, eligible for appointment as 9
members of Dams Safety NSW. 10
(6) Dams Safety NSW is, in exercising its functions under this Act, to take into account 11
any recommendations made by the interim advisory committee. 12
(7) The provisions of this clause are in addition to, and do not affect, the provisions of 13
section 26 of the Interpretation Act 1987. 14
6 Saving of prescribed dams 15
A dam that was, immediately before the repeal of the former Act, a prescribed dam 16
under that Act is, until such time as an order is made under section 5, taken to be a 17
declared dam for the purposes of this Act. 18
7 Phasing-in of requirements for operations and maintenance plans and emergency 19
plans 20
(1) The owner of a declared dam does not commit an offence under section 16: 21
(a) if an operations and maintenance plan was in force in relation to the dam 22
immediately before the commencement of that section--until after the date 23
prescribed by the regulations for the purposes of this paragraph, or 24
(b) if no such plan was in force in relation to the dam immediately before that 25
commencement--until after the date prescribed by the regulations for the 26
purposes of this paragraph. 27
(2) The owner of a declared dam does not commit an offence under section 17: 28
(a) if an emergency plan was in force in relation to the dam immediately before 29
the commencement of that section--until after the date prescribed by the 30
regulations for the purposes of this paragraph, or 31
(b) if no such plan was in force in relation to the dam immediately before that 32
commencement--until after the date prescribed by the regulations for the 33
purposes of this paragraph. 34
8 Existing notification areas under Mining Act 35
(1) A notification area declared under the Mining Act 1992 (as in force immediately 36
before the repeal of section 369 of that Act by this Act) is taken to be a notification 37
area declared under section 48 of this Act. 38
(2) Maps of any such existing notification area must be published in accordance with 39
section 48 (2) of this Act. 40
9 Consultation requirements under section 48--existing applications for development 41
consent 42
Section 48 extends to an application for development consent (as referred to in that 43
section) lodged, but not granted, before the commencement of that section. 44
Page 30
Dams Safety Bill 2015 [NSW]
Schedule 3 Amendment of other legislation
Schedule 3 Amendment of other legislation 1
3.1 Environmental Planning and Assessment Act 1979 No 203 2
Section 79B Consultation and concurrence 3
Insert at the end of section 79B (1): 4
Note. See also section 48 of the Dams Safety Act 2015 which requires the consent 5
authority, before granting development consent for carrying out mining operations in a 6
notification area declared under that section, to refer the application to Dams Safety 7
NSW and to take into consideration any matters raised by Dams Safety NSW. 8
3.2 Land and Environment Court Act 1979 No 204 9
Section 17 Class 1--environmental planning and protection appeals 10
Insert after section 17 (aa): 11
(ab) appeals under section 22 of the Dams Safety Act 2015, 12
3.3 Law Enforcement (Powers and Responsibilities) Act 2002 No 103 13
Schedule 2 Search warrants under other Acts 14
Insert in alphabetical order: 15
Dams Safety Act 2015, section 28 16
3.4 Local Government Act 1993 No 30 17
[1] Section 60 Ministerial approval required for certain council works 18
Omit section 60 (a) and (d). 19
[2] Section 60, note 20
Insert at the end of the section: 21
Note. Approval is required under Part 3 of Chapter 3 of the Water Management Act 22
2000 for the construction or use by a council of water supply works or flood works within 23
the meaning of that Act. 24
[3] Section 61 Ministerial directions concerning certain works 25
Omit section 61 (1) (a). 26
[4] Section 61 (1), note 27
Insert at the end of the subsection: 28
Note. Under section 19 of the Dams Safety Act 2015, Dams Safety NSW may direct a 29
council (as the owner of a declared dam within the meaning of that Act) to take 30
measures to ensure the safety and proper maintenance of the dam. 31
[5] Section 62 Ministerial powers during emergencies 32
Insert after section 62 (3): 33
(4) A direction under this section may not be given to a council in respect of a 34
dam. 35
Note. Under section 21 (5) of the Dams Safety Act 2015, Dams Safety NSW may direct 36
a council (as the owner of a declared dam within the meaning of that Act) to take 37
measures with respect to the dam during the period that an emergency order under that 38
section is in force. 39
Page 31
Dams Safety Bill 2015 [NSW]
Schedule 3 Amendment of other legislation
3.5 Local Government (General) Regulation 2005 1
Clause 140 Flood retarding basins 2
Omit the clause. 3
3.6 Mining Act 1992 No 29 4
[1] Section 80 Prevention of damage to prescribed dams 5
Omit the section. 6
[2] Section 89 Notification of Dams Safety Committee 7
Omit the section. 8
[3] Section 91 Objections to granting of proposed mining lease 9
Omit section 91 (2) and (4). 10
[4] Section 369 Notification areas 11
Omit the section. 12
[5] Schedule 1 Public consultation with respect to the granting of assessment leases 13
and mining leases 14
Omit clauses 7 and 25. 15
[6] Schedule 1, clause 9 (1) 16
Omit "(other than the Dams Safety Committee)". 17
[7] Schedule 1, clause 9 (2) and (5) 18
Omit the subclauses. 19
[8] Schedule 6 Savings, transitional and other provisions 20
Insert at the end of the Schedule with appropriate Part and clause numbering: 21
Part Provisions consequent on enactment of Dams 22
Safety Act 2015 23
Continuation of notification and consultation requirements in relation to dams 24
safety 25
(1) The amendments made to this Act by the Dams Safety Act 2015 do not apply 26
in relation to an application for a mining lease that: 27
(a) was made but not granted before the commencement of this clause, or 28
(b) is subsequently made after that commencement, 29
and accordingly this Act continues to apply in relation to any such application 30
as if it had not been so amended. 31
(2) However, subclause (1) does not apply if an application for development 32
consent for the carrying out of mining operations on land to which the 33
proposed mining lease relates has been referred to Dams Safety NSW under 34
section 48 of the Dams Safety Act 2015. 35
(3) This clause is subject to the regulations. 36
Page 32
Dams Safety Bill 2015 [NSW]
Schedule 3 Amendment of other legislation
[9] Dictionary 1
Omit the definitions of Dams Safety Committee, notification area and prescribed dam. 2
3.7 Mining Regulation 2010 3
Clause 61 Use of information and protected documents 4
Omit clause 61 (2) (b). Insert instead: 5
(b) Dams Safety NSW constituted under the Dams Safety Act 2015, 6
3.8 Public Finance and Audit Act 1983 No 152 7
Schedule 2 Statutory bodies 8
Omit "Dams Safety Committee". Insert instead "Dams Safety NSW". 9
3.9 Water Management Act 2000 No 92 10
[1] Section 88A Application and objects of Part 11
Insert after section 88A (2): 12
(3) Without limiting section 3, the objects of this Part include ensuring that 13
matters relating to safety are taken into consideration in granting water 14
management work approvals for certain dams and flood retarding basins. 15
[2] Section 91AA 16
Insert after section 91: 17
91AA Consultation with Dams Safety NSW in relation to approvals for dams and 18
flood retarding basins 19
(1) This section applies in relation to the following kinds of water management 20
work approvals: 21
(a) a water supply work approval for the construction or use of a water 22
supply work comprising: 23
(i) a declared dam within the meaning of the Dams Safety Act 2015, 24
or 25
(ii) a dam or proposed dam that is of a class prescribed by the 26
regulations, 27
(b) a flood work approval for the construction or use of a flood retarding 28
basin that is of a class prescribed by the regulations. 29
(2) Without limiting any other provision of this Part, the Minister must, before 30
granting a water management work approval to which this section applies or 31
before amending any such approval: 32
(a) refer the application for the approval or amendment to Dams Safety 33
NSW, and 34
(b) take into consideration any matters that are raised by Dams Safety NSW 35
in relation to the application within 28 days (or such other period as is 36
agreed between the Minister and Dams Safety NSW) after the 37
application is referred to Dams Safety NSW. 38
Page 33
Dams Safety Bill 2015 [NSW]
Schedule 3 Amendment of other legislation
(3) In this section: 1
(a) a reference to a water management work of any kind includes a 2
reference to a corresponding kind of work to which Part 2 or 8 of the 3
Water Act 1912 extends, and 4
(b) a reference to a water management work approval includes a reference 5
to an entitlement (within the meaning of clause 2 of Schedule 10) that 6
confers a corresponding authority, and 7
(c) a reference to the Minister includes, in the case of any such entitlement 8
that confers a corresponding authority, a reference to the Ministerial 9
Corporation. 10
[3] Schedule 9 Savings, transitional and other provisions 11
Insert at the end of the Schedule with appropriate Part and clause numbering: 12
Part Provision consequent on enactment of Dams 13
Safety Act 2015 14
Existing approvals relating to dams and flood works constructed by local 15
councils 16
An approval under section 60 of the Local Government Act 1993 relating to 17
the construction or extension of a dam or flood work and in force immediately 18
before the amendment of that section by the Dams Safety Act 2015 is taken to 19
be a water supply work approval or flood work approval (as the case requires) 20
in force under Part 3 of Chapter 3 of this Act for the construction or use of that 21
dam or flood work (unless any such water supply or flood work approval is 22
already in force in respect of that dam or flood work or the dam or flood work 23
is otherwise exempt from the requirement for such approval). 24
3.10 Water Management (General) Regulation 2011 25
Clause 116 Ministerial approval not required for certain works 26
Omit "prescribed dams for the purposes of the Dams Safety Act 1978" from 27
clause 116 (1) (b). 28
Insert instead "declared dams within the meaning of the Dams Safety Act 2015". 29
Page 34
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