Changes to Dam Safety Scheme DELAYED.
On June 10th 2010 the minister of Building & Construction Maurice Williamson announced that the proposed Dam Safety Scheme, due to come into force on July 1 2010, was to be delayed.
The proposed Dam Safety Scheme would have required all owners of Large Dams (depth of water greater than 3 m and a volume greater than 20,000m3) to classify their structures in terms of their Potential Impact Category (PIC). Depending on the results of this classification the dam owner’s compliance obligations could be significant, requiring long term input from professional engineers.
An independent review of the proposed Dam Safety Scheme was submitted in April 2010 which aimed to answer the questions:
- Is the proposed Dam Safety Scheme “fit for purpose”?
- Are the scheme’s requirements too onerous for owners of large dams? and
- Are there sufficient numbers of suitably qualified and experienced engineers available to enable dam owners to meet their obligations?
The review recognised that a dam safety scheme is urgently needed in New Zealand, is generally consistent with a worldwide trend towards the introduction of regulatory frameworks for dams, (specifically dam safety regulations) and that such a scheme would be broadly supported by stakeholders.
The review found that the three month period for compliance with the Scheme was not sufficient, due to a lack of suitably qualified and experienced engineers and insufficient information provided to dam owners detailing clearly their obligations.
A key recommendation presented in the review is a change to the definition of a Large Dam, specifically an increasing the threshold to include dams higher than 8 m containing more than 50,000m3 of water (or other such as tailings).
What does this mean if you are currently the owner of a Large Dam? The overall aim of the proposed changes to the Scheme is intended to improve the effectiveness and efficiency of the Scheme and ensure a reduction of compliance costs to the dam owner. The delay will enable a greater period for dam owners to come to grips with their obligations and for parliament to present a cleaner, more effective piece of legislation. If you own a dam between 3m and 8m then you might be exempt from the requirements if the proposed changes are accepted. However, under the proposed changes Regional Authorities will have the power to issue a notice for ANY dam considered to pose a threat to persons or property.
What does this mean if you are planning on building a new dam on your property? Very little as it happens – the definition of a Large Dam as set out in the Building Code is separate to that defined in the Dam Safety Scheme. Confused? If you plan to construct a dam greater than 3m high and holding more than 20,000m3 then it will still be considered a Large Dam under the Building Consent process with consenting requirements essentially unchanged. The review of the Dam Safety Scheme recommends a name change to “Referable Dam” or something of that nature to avoid future confusion!
Changes to the proposed Scheme will be tabled in Parliament later this year with an amended Scheme produced in due course.
Recommended changes to the Dam Safety Scheme arising from this review can be found at:
http://www.beehive.govt.nz/release/more+efficient+dam+safety+scheme+way
