Dams Safety NSW Board Meeting No 37

Meeting open

1.1 Appointed members only

1.2 Acknowledgement of country and welcome

Appointed 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 Ash El-Sherbini (Chief Operating Officer – Water Operations)

Dr Lisa Caffery is a community engagement and governance specialist who is passionate about regional Australia. She is a skilled executive in governance, strategy, engagement, social performance management, and social research. Lisa is also a graduate of the Australian Institute of Company Directors.

Mr Richard Nevill joined Dams Safety in the role of Governance & Assurance Manager.  Richard has worked in water regulation for the past 25 years and his background includes contributing technical expertise to water policy development and legislative change, internal audits, implementing the first environmental flows in NSW from major dams through licensed conditions and problem solving for many high-level contentious issues.

1.5 Conflicts of Interest and disclosures

Dr Lisa Caffery declared a potential, non-direct, non-pecuniary interest in relation to item 4.6 due to her role at Sunwater / liaison capacity with the Queensland Government and the Border Rivers Commission.

Mr Shane McGrath declared a potential conflict of interest in relation to item 4.2 due to his role on the peer review panel for the Talbingo dam project.

No other conflicts of interest were identified for this meeting.

1.6 Previous minutes and actions

Minutes and actions were accepted by appointed members..

1.7 Agenda priorities

Nil

Matters for noting

2.1 WHS – Interaction between DCCEEW and DSNSW

Ms Nicole Boyce, Director Work Health and Safety – Water Group, presented information on the shared role of DCCEEW and DSNSW as persons conducting a business or undertaking (PCBU). Appointed members discussed the importance of clearly defining roles and receiving assurance both parties are meeting their obligations.

Action: 20241402-03: Secretariat to forward DCCEEW WHS documents to appointed members.

Action: 20241402-04: Management to coordinate due diligence training for appointed members.

Action: 20241402-05: Secretariat to include WHS as a standing item in future agendas.

Action: 20241402-06: Management to provide an overview of how WHS is currently managed and provide data trends and insights in each CEO report.

Action: 20241402-07: CEO to liaise with the Chair to report to the Minister of Water how management and the Board have addressed the recommendation from the Governance effectiveness review.

2.2  Dams Safety Levy update

Members noted the NSW Government in December 2023 gave its approval for the NSW Independent Pricing and Regulatory Tribunal (IPART) to undertake a comprehensive review and recommend prices to government for a dams’ safety levy.  The appointed members noted the information contained in the board paper, discussed the role of DSNSW and IPART in the process, and reinforced the value of anticipating what ‘business as usual’ might look like once all dimensions of the new regulatory model are rolled out.

Action: 20241402-09: CEO to report on the IPART levy process and any outcomes of the stakeholder consultation.

Members noted a biannual progress update by management to end of December 2023 on Strategic Plan actions.  The paper highlighted the overall delivery of actions on the strategic plan is progressing as planned. The appointed members discussed the progress report. The appointed members also noted the one-page summary of the strategy and approved its publication.

Action: 20241402-10: CEO to liaise with Deputy Secretary – Water to have the DSNSW one-page strategy added to the Water group website and to the publish the summary on the Dams Safety NSW website.

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, finalist in the NSW AWA awards and information on a knowledge exchange initiative early in February 2024 with Indian state and national governments regarding dam safety regulatory practice.

Appointed members congratulated management on being a finalist in the NSW AWA Awards.

Action: 20241402-11: CEO to report on Dam Safety Engineers’ competency project as part of stakeholder engagement item at future meetings.

Action: 20241402-12: Management to include information regarding the dam safety levy IPART review and introduce the newly appointed member and executive team members in the February newsletter.

The tabled paper was taken as read. The appointed members discussed the regulatory oversight of new and upgrading dams and noted the information contained on the two dams visited.

Action: 20241402-13: Management to review the Annual Dam Safety Standards Report template to ensure key information needed on new or upgrading dams is collected.

Action: 20241402-14: CEO to send thank you letters to the Eurobodalla Shire Council and Public Works Advisory who facilitated site visits on 13 February 2024.

Governance

Matters for decision

Appointed members discussed a draft fact sheet aiming to clarify for dam owners what they need to do to demonstrate they have reduced their dam safety risks ‘so far as is reasonably practicable (‘SFAIRP’). The appointed members discussed key elements of the fact sheet and suggested amendments to the wording. It was agreed industry should be consulted before finalisation.

The SFAIRP fact sheet was not approved by the appointed members as the document needs further refinement.

Action: 20241402-15: Management to identify departures from Victorian, Queensland and ANCOLD guidelines re application of SFAIRP and describe the points of difference and trade-offs.

Action: 20241402-16: Management to carry out consultation process on the SFAIRP fact sheet prior to finalisation.

Action: 20241402-17: Management to include a definition of community in the SFAIRP fact sheet.

Action: 20241402-18: Management to update the fact sheet to include reference to the term ‘grossly disproportionate’ and to add a note about stringent demonstration of SFAIRP.

The tabled paper was taken as read. Appointed members endorsed the recommendation to approve the CEO performance plan.

Operations

Matters for noting

The tabled paper was taken as read. Appointed members noted the update on risk report compliance, the current compliance approach, and the initiation of a regulatory project to better understand compliance challenges.

Action: 20241402-19: Management to provide an update on the risk rating compliance regulatory project at the April 2024 meeting.

Action: 20241402-20: Management to consider opportunities for quick wins in achieving Risk Rating compliance such as developing a standard template to guide risk reports.

The tabled paper was taken as read. Appointed members noted the detailed update on progress being taken by owners of these dams.

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

Action: 20241402-21: Management to carry out an analysis of mining application planning consents to determine if DSNSW advice was included and report back in a future CEO report.

Action: 20241402-22: Chair to circulate notes regarding the NSW sector-wide Audit and Risk Committee Leadership forum.

Action: 20241402-23: Secretariat to make changes to meeting minutes review process.

Action: 20241402-24: Management to review statement made regarding Emergency Warning Systems (EWS) for Fairfield basins.

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

Appointed members noted a paper which highlighted actions currently being taken by Water NSW in carrying out further detailed structural analysis and revising the risk assessment on Warragamba Dam.

Appointed members received an update regarding recent developments concerning Queensland’s Paradise Dam, covering implications for Dams Safety NSW and the implemented practices in response to recommendations from the Commission of Inquiry. Appointed members discussed different regulatory interventions for the construction of new dams or significant modifications to existing ones.

Action: 20241402-25: Management to explore regulatory intervention measures for new and upgrading/ed dams, taking account of the lessons learned from the site visit to Eurobodalla Shire Council’s new dam.

General business

Appointed members discussed the next regional visit in June 2024 and the need to revisit the July meeting date.

Action: 20241402-26: Secretariat to liaise with appointed members to review July 2024 meeting date.

Action: 20241402-27: Secretariat to ensure that an item for other business is included in future agendas.

Action: 20241402-28: Mr Shane McGrath to liaise with Professor Rory Nathan to present at an out of board session.

Meeting finalisation

Ms Julie Garland McLellan provided an evaluation of the meeting.

Action: 20230610-13: CEO to send thank you letters to the declared dam owners who facilitated site visits on 5 and 6 October 2023.

The next meeting is scheduled for 9 April 2024 in Parramatta, NSW.