RISK ASSESSMENTS OF DAMS - ALIGNING ENGINEERING AND LEGAL PRINCIPLES

PAPER ABSTRACT

In common law jurisdictions such as Australia, judicial decisions interpret legislation and establish precedents that shape how laws are understood, applied and enforced. These precedents influence not only future court rulings but also regulatory approaches and industry practices.

Australia has not experienced a fatal dam failure since the Briseis Dam disaster in Tasmania in 1929. Although this is a positive outcome, it also means that contemporary dam safety practices have not been tested in court. This applies in particular to ANCOLD’s technical guidance on risk assessment, which has evolved without confirmation of its consistency with the principles of Australian legislation.

This paper argues that in the absence of judicial scrutiny much of the current technical guidance on risk assessment, although detailed and developed with the intent to reduce risk, may direct practitioners toward activities with limited relevance to actual dam safety outcomes. Dam owners who rely solely on such practices may face legal exposure if those practices fall short of their statutory obligations.

Drawing on legal precedents from other high-risk industries, the paper explores how the dam sector might refocus its efforts on actions that are both materially linked to risk reduction and legally defensible. It concludes by proposing practical steps to align technical guidance for dams with the fundamental principles of Australian legislation.