Dam Safety Scheme - Guidance for regional authorities and owners of large dams: Overview of the Dam Safety Scheme and requirements
This section summarises the requirements and features of the Scheme. For more details and examples, go to sections 4.0 - 6.0 of this guide.
3.1 Summary of Dam Safety Scheme requirements
The following flow diagram summarises the regulatory requirements of the Scheme.
Flow Chart of the Dam Safety Scheme Requirements for Dam Owners
*As a rough guide, if a dam is capable of holding 20,000 or more cubic metres (about the size of eight Olympic-sized swimming pools) and of retaining 3 or more metres' depth of water, it will be covered by the Dam Safety Scheme.
3.2 Definition of a large dam
The definitions of "large dam" and "dam" can be found in section 7 of the Act and section 4.0 in this guide. If a dam has the capacity to hold a reservoir of 20,000m3 or more (about the size of eight Olympic-sized swimming pools) and to retain three or more metres depth of water or other fluid, it is classified as a large dam in terms of the Act. This means it has to comply with the Scheme. The definition includes flood control dams but excludes stopbanks.
The dam safety provisions of the Act and related Regulations do not apply to small dams, ie, dams capable of holding less than 20,000m3 of water or less than three metres depth. You can find more information in sections 4.1 and 4.2 of this guide. Section 6.1 also sets out the powers of a regional authority to urgently address the immediate danger of a dam of any size.
In most instances dam owners should be able to work out for themselves whether their dam meets the definition of a large dam under the Act.
3.3 Requirements for owners of large dams
A more detailed version of this summary is in section 4.0 of this guide.
Many owners of large dams have already established voluntary safety management programmes. These are still relevant. However, there has previously been no formal, national system for dam monitoring, inspection and maintenance.
Owners will have to classify any large dam on their property within three months of the Regulations taking effect on 1 July 2010. Or, if the dam is commissioned after 1 July 2010, the dam must be classified within three months of the dam being commissioned, the owner of the dam must provide the classification to a relevant regional council within the same timeframes, and the classification must be accompanied by a certificate from a Recognised Engineer.
The Act requires the owner of a large dam to:
- Classify the dam as either a low, medium or high Potential Impact Category (PIC) dam. More information on this is in the Regulations and section 134 of the Act. The different classifications refer to the potential impact of a failure of the dam on persons, property, and the environment. The owner of a large dam will need a Recognised Engineer to audit and confirm the dam's classification in a certificate. The form of Dam Classification Certificate that may be used is in Appendix A.
- Classify the dam and submit the classification of the dam to the appropriate regional authority. For more information on this, refer to section 135 of the Act.
- For medium and high PIC dams, prepare and submit a Dam Safety Assurance Programme to the regional authority. The form of Dam Safety Assurance Programme that may be used is in Appendix B.
- Provide ongoing evidence of implementing surveillance and maintenance procedures in accordance with the approved Dam Safety Assurance Programme. This is done by submitting an annual Dam Compliance Certificate. The form of annual Dam Compliance Certificate that may be used is in Appendix C.
- Seek advice from a Recognised Engineer to certify future, ongoing audits of the Dam Safety Assurance Programme.
For more information on a Dam Safety Assurance Programme, refer to sections 140 to 150A of the Act and sections 4.7 to 4.9 of this guide.
3.4 Role and responsibility of a regional authority that is a building consent authority
Regional authorities must be accredited and registered as building consent authorities to carry out building control functions in relation to large dams.
A building consent authority:
- issues building consents for large dams (except consents subject to a waiver or modification)
- inspects building work for which it has granted a building consent
- issues notices to fix
- issues code compliance certificates
- issues compliance schedules.
For more detailed information, refer to sections 13 and 14 of the Act, and www.dbh.govt.nz/bofficials-bca.
3.5 Role and responsibility of a regional authority
The Act requires regional authorities to:
perform the function of a building consent authority, as summarised at section 3.4 of this guide
- carry out a variety of other building control functions such as issuing project information memoranda and issuing certificates of acceptance (in relation to unconsented building work on dams)
administer and monitor the Dam Safety Scheme, which means that regional authorities must:
- establish and maintain a register of large dams in their region
- consider and approve (or not approve) dam classifications of large dams
- consider and approve (or not approve) the Dam Safety Assurance Programmes for each medium and high PIC dam in their region
- consider and approve (or not approve) annual Dam Compliance Certificates.
adopt and implement a policy on dangerous dams, flood-prone dams and earthquake-prone dams. This includes setting up processes and procedures that would be triggered for medium or high PIC dams should they be determined to be dangerous, flood-prone or earthquake-prone
take action if necessary, if any dam, large or small, poses an immediate danger to the safety of persons, property or the environment.
For more detailed information, refer to sections 13 and 14 of the Act.
3.6 Transfer arrangements for regional authorities
Regional authorities are required to be accredited and registered as building consent authorities by 31 March 2009. Most regional authorities have transferred, or intend to transfer, responsibility for their building control functions in relation to dams to another accredited and registered regional authority. However, most regional authorities will still be responsible for administering and monitoring the Scheme in their regions.
Information on transfer arrangements is in sections 244 to 247 of the Act.
3.7 Seeking a determination when a dam owner disagrees with a regional authority decision
If a dam owner disagrees with a decision the regional authority has made about their dam, they may apply to the Department of Building and Housing for a determination.
A determination is a binding decision made by the Department. It provides a way of solving disputes or questions about a regional authority exercising its powers in relation to a dam, or the failure to exercise those powers.
For further information see section 177 of the Act, or please refer to the Guide to Building Act Determinations at:
http://www.dbh.govt.nz/pub-determinations-guide or free phone 0800 242 243 for a hard copy.
3.8 Recognised Engineers
Owners of large dams have obligations under the Act that require the exercise of professional knowledge and judgement. The Act requires that classifications, annual Dam Compliance Certificates and Dam Safety Assurance Programmes are signed off and certified by a Recognised Engineer before they are submitted to the regional authority.
These requirements are to ensure that a dam is correctly classified and that a Dam Safety Assurance Programme has been prepared and audited by a qualified professional. Regulations define the competencies of Recognised Engineers - refer to section 4.10 of this guide.
3.9 Dangerous dams, earthquake-prone dams, and flood-prone dams
The Act requires all regional authorities to develop dangerous dams, earthquake-prone dams, and flood-prone dams policy. This is discussed further in section 5.0 of this guide.