Meeting open

1.1 Appointed members only

No quiet time discussion was required.

1.2 Acknowledgement of country and welcome

Members acknowledged meeting on the land of the Burramattagal people, a clan of the Dharug, and paid respect to Elders past, present, and emerging.

1.3 Apologies and absences

Mr Chris Salkovic (CEO) and Ms Leanne Smith (Director – Intentus) for Item 2.1

Appointed members discussed previous actions and upcoming changes to documenting and updating conflicts of interests and disclosures.

Dr Lisa Caffery advised she recently stepped down from two boards and will update their disclosure before the next meeting.

Mr Paul O’Connor declared a new position on a Commonwealth advisory board unrelated to the agency’s work.

1.5 Work health and safety (WHS) insights

Appointed members agreed to focus on one of the top five WHS risks at each meeting to increase confidence in existing risk assessment and assurance procedures. This will be particularly relevant and beneficial during regional visits.

Members discussed alternate pathways for staff to report WHS issues where direct DSNSW reporting avenues may not be appropriate.

Action: 20240904-01: Management to liaise with DCCEEW WHS team to discuss the current position of or inclusion of appointed members and or the Chair in the WHS reporting process for staff.

Action: 20240904-02: Management to seek advice from DCCEEW Governance team on how to facilitate line of sight by Chair on behalf of appointed members to WHS reports/system.

Action: 20240904-03: Responses to WHS Risk Management Procedures (Appendix 2) to be included in and inform the structure of future CEO reports on WHS matters.

1.6 Previous minutes and actions

The minutes were adopted by appointed members with minor edits. Appointed members noted the action register updates and agreed to close matters identified as complete.

Appointed members agreed actions arising should be classified as strategic (for the board) and operational (for management), with only the strategic actions presented at future meetings. The CEO would provide assurance about the timely closure of operational actions.

Action 20232111-09 was reviewed and amendments to the action (policy alignment with DCCEEW) were agreed upon.

Appointed members discussed Action: 20241402-24 and agreed to close this item.

Appointed members thanked Mr Shane McGrath for organising Professor Rory Nathan to present an out-of-session workshop in May.

Action: 20240904-04: Secretariat to split actions into strategic and operational lists presenting updated strategic list at future meetings.

Action: 20240904-05: Secretariat to combine similar actions and close out completed actions.

Action: 20240904-06: Secretariat to make amendments to Action 20232111-09.

1.7 Agenda priorities

Members agreed to follow the agenda as proposed.

The tabled papers were taken as read. Ms Caroline Karakatsanis, Director Audit, presented an overview of their scheduled activities and the Engagement Plan for the Dams Safety NSW 2023/2024 audit.

Action: 20240904-07: Secretariat to provide access to two additional Audit Office documents (regulatory insights and audit program) to appointed members.

The tabled paper was taken as read. Appointed members noted the NSW Independent Pricing and Regulatory Tribunals (IPART) release of an issues paper for consultation for a dam safety levy and the interactions between IPART and senior DSNSW staff and members. The appointed members noted the information contained in the board paper and discussed options for the agency’s approach to making a submission to IPART’s issues paper noting the specific nature of commentary sought by IPART relates directly to the experience and insights of declared dam owners.

Action: 20240904-08: Chair to send a letter thanking IPART for the recent meeting, attaching the presented slide set as the agency’s first formal contribution to the review.

Action: 20240904-09: Management to ensure DSNSW’s position on issues is provided at fortnightly interactions with IPART and its consultant and to provide timely updates to appointed members.

The tabled paper was taken as read. Appointed members noted the need for preparedness for risks and ensuring the agency takes actions to understand and respond to emergent risk issues including reporting on climate change impacts and being resilient to increasing threat and complexity of cyber risks. The appointed members discussed the expectation on declared dam owners to also address these risks in their dam safety management systems.

Action: 20240904-10: Management to adjust the risk management, assurance and internal audit program to reflect NSW Treasury priorities.

2.4 Stakeholder engagement update

The tabled paper was taken as read. The stakeholder engagement update noted by the appointed members included an update on a draft fact sheet developed for community consultation regarding dam safety risks, online forum, and ongoing participation in AELERT communities of practice. Appointed members noted the stakeholder engagement activities in the paper.

The tabled paper was taken as read. Members discussed the status of the capability uplift project with Engineers Australia and the unmet need for a secure portal for dam owners, regulatory oversight of new and upgraded dams and noted the information contained on the two dams visited. Appointed members noted the status of the action plan addressing issues from the 2023 stakeholder engagement survey.

Governance

Matters for decision

The tabled paper was taken as read. Appointed members noted the budget estimates contained in the paper.

The tabled paper was taken as read. Appointed members discussed the need for further clarification between ‘safety reviews’ and ‘risk reports’.

Action: 20240904-11: Mr Ian Landon-Jones and Mr Shane McGrath to provide feedback to management on the draft safety review fact sheet.

Matters for noting

The tabled paper was taken as read. Appointed members noted preparatory work and initial analyses are completed, and work continues to define regulatory options to address the problem and to recommend solutions.

The tabled paper was taken as read. Appointed members noted the overview of current WHS activities undertaken by the DSNSW team and their alignment with systems set up by the portfolio department (DCCEEW) with essential WHS metrics included in quarterly KPI reports.

Action: 20240904-12: Management to confirm DSNSW members fall under the role of ‘Group executives’ in DCCEEW WHS documentation.

Operations

Matters for noting

The tabled paper was taken as read. Appointed members noted the CEO’s report.

Appointed members noted the update on risks, operational issues, budget estimates, upcoming Eurobodalla dam audit and the progress of the Professional Engineers competency project.

Action: 20240904-13: Management to provide, out of session, appointed members with an organisational chart showing names and roles of key DCCEEW staff.

Action 20240904-14: Management to upload key messages from ‘Driving risk-based regulation’ conference to For Information Folder.

The tabled paper was taken as read. Appointed members noted KPI updates and the actions underway to remediate lower audit program activity.

The tabled paper was taken as read. Appointed members noted the updated information provided by Water NSW on the result of additional detailed analysis and the upcoming meeting with the Chair of Water NSW and CEO of DSNSW. Appointed members identified the need for Water NSW to address short term remedial actions to lower the increased risk profile pending its strategic business case to fund long term remedial actions.

The tabled paper was taken as read. Appointed members noted the information contained in the paper and the input that DSNSW provides into the regulation of mining activities for various planning pathways, and the adoption of advice by the consent authority for all determined applications.

Dr Lisa Caffery shared positive feedback from a member of the mining sector regarding the helpful approach of DSNSW's Manager of Mining Impacts in addressing issues concerning their declared dam.

The tabled paper was taken as read. Appointed members noted the information contained in the paper and Attachment B which summarised the potential relevance of actions to DSNSW.

Members noted the potential implications of the NSW State Disaster Mitigation Plan for 2024-2026 which is the NSW Government’s strategy and action plan for reducing the risks of natural hazards including flooding from dam failure.

Appointed members thanked Mr Shane McGrath for organising a meeting with Professor Rory Nathan about climate change and the link to dams and floods.

General business

Appointed members discussed the next board meeting in Parramatta and the due diligence training to be held on 4 June 2024. The next site visit is scheduled to coincide with the October 2024 meeting.

Appointed members discussed the 2015 second reading speech introducing the dam safety legislation and its link to the interpreting the safety threshold and the need for dam owners to meet ‘so far as is reasonably practicable’ standards.

Meeting finalisation

Dr Lisa Caffery provided an evaluation of the meeting.

The next meeting is scheduled for 4 June 2024 in Parramatta, NSW.