Dams Safety Act 2015 (NSW)

Dams Safety Act 2015 No 26

An Act to constitute Dams Safety NSW and to confer functions on it relating to the safety of dams; and for related purposes.

Part 1 Preliminary

1 Name of Act This Act is the Dams Safety Act 2015.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2). (2) Clause 5 of Schedule 2 commences on the date of assent to this Act.

3 Objects of Act The objects of this Act 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.

4 Definitions (1) In this Act— authorised officer means a person appointed as an authorised officer under Part 4. Chief Executive Officer means the Chief Executive Officer of Dams Safety NSW. Dams Safety NSW means Dams Safety NSW constituted under this Act. dams safety standards means the standards prescribed by the regulations under section 14. declared dam means a dam or proposed dam that is declared by order under section 5. Department means the Department of Industry, Skills and Regional Development. function includes a power, authority or duty, and exercise a function includes perform a duty. owner, in relation to a dam, means any person or public authority who, whether solely or with some other person or public authority, owns, controls, operates, manages or maintains the dam and includes, in relation to a proposed dam, any person or public authority who, whether solely or with some other person or public authority, proposes to build the dam. premises includes— (a) a building or structure, and (b) land or a place (whether built on or not). public authority means any of the following— (a) a Minister, (b) a Public Service agency within the meaning of the Government Sector Employment Act 2013, (c) a statutory body representing the Crown, (d) a statutory State owned corporation (or any of its subsidiaries) within the meaning of the State Owned Corporations Act 1989, (e) a local council, a county council or a joint organisation within the meaning of the Local Government Act 1993, but does not include Dams Safety NSW or any person or body declared by the regulations not to be a public authority for the purposes of this definition. Secretary means the Secretary of the Department.