4Declared dams

4 Declared dams

4 Declared dams

(1) For the purposes of section 5(2) of the Act, a dam or proposed dam in the following types or classes may be declared to be a declared dam—

(a) a dam having a dam wall that is more than 15 metres high,

(b) a dam that Dams Safety NSW is reasonably satisfied would, if there were to be a failure of the dam—

(i) cause a major or catastrophic level of severity of damage or loss, or

(ii) endanger the life of a person,

(c) a proposed dam that Dams Safety NSW is reasonably satisfied will become a dam referred to in paragraph (a) or (b),

(d) a dam or proposed dam that is a prescribed dam within the meaning of the Dams Safety Act 1978 immediately before the repeal of that Act.

(2) In assessing whether a failure of a dam would cause damage, loss or danger referred to in subclause (1)(b)(i) or (ii), Dams Safety NSW is to have regard to the Consequence Category Methodology.

cl 4: Am 2020 (124), Sch 1[4] [5].