19Incident reporting

19 Incident reporting

19 Incident reporting

(1) The owner of a declared dam must ensure that the following incidents occurring at, or in relation to, the dam are reported to Dams Safety NSW in accordance with this clause—

(a) the failure of the dam,

(b) an incident that causes the owner of the dam to become aware of the likely failure of the dam,

(c) an incident that results in the death or serious injury of a person or that results in significant damage to property or the environment,

(d) a significant failure or inadequacy of a component of the dam safety management system that could potentially have caused an incident referred to in paragraph (c),

(e) a suspected terrorist attack,

(f) an incident relating to dam safety that is reasonably likely to cause concern to members of the public,

(g) any change in the dam or its surrounds that is abnormal and could indicate an increased risk of the failure of the dam,

(h) for a dam associated with a mine, an incident that results in a significant amount of groundwater entering the mine,

(i) a failure of a control system that had the potential to—

(i) endanger the safe operation of the dam, or

(ii) endanger the safety of a person, or

(iii) cause damage to property or the environment, or

(iv) cause an uncontrolled release of the contents of the dam,

(j) a security incident (including an act of trespass, sabotage, vandalism or theft) that affected, or had the potential to affect, the safety of the dam.

(2) An initial report of an incident referred to in subclause (1)(a)–(f) must be given in oral form as soon as possible after the incident.

(3) A written report of an incident in a form approved by Dams Safety NSW must be given to Dams Safety NSW no later than 72 hours after the incident even if an oral report of the incident has already been given.