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Dennis C. Green

Current good practice for risk management as represented in ANCOLD guidelines emphasises risk reduction beyond tolerable risk levels to As Low As Reasonably Practicable (ALARP). Risk reduction reflected in key design parameters such as the spillway design flood is monitored on a quantitative basis, while the guidelines also draw attention to a number of non-quantifiable measures.

Recent work health and safety legislation in Australia does not at first appear to relate to dam safety, but it mandates elimination of risk, and, if that is not possible, then it mandates reduction of risk So Far As Is Reasonably Practicable (SFAIRP). It is tempting to believe that this is equivalent to ANCOLD’s approach to ALARP, but the devil is in the detail of the legislation. This paper argues for a change to a more systematic presentation of recording of decisions on dam safety risk management, lest the legislation expose dam owners unwittingly to liability when they thought they were following good practice. In particular, the re-focussing of ANCOLD Guidelines to align more recognisably with the new legal paradigm, including preparation and adoption of a Safety Case, is recommended.

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2014 Papers

2014 – Beyond Quantitative ALARP – Re-Focussing Paradigms for Dam Safety Risk Management in a Changed Legal Environment
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Dennis C. Green

Current good practice for risk management as represented in ANCOLD guidelines emphasises risk reduction beyond tolerable risk levels to As Low As Reasonably Practicable (ALARP). Risk reduction reflected in key design parameters such as the spillway design flood is monitored on a quantitative basis, while the guidelines also draw attention to a number of non-quantifiable measures.

Recent work health and safety legislation in Australia does not at first appear to relate to dam safety, but it mandates elimination of risk, and, if that is not possible, then it mandates reduction of risk So Far As Is Reasonably Practicable (SFAIRP). It is tempting to believe that this is equivalent to ANCOLD’s approach to ALARP, but the devil is in the detail of the legislation. This paper argues for a change to a more systematic presentation of recording of decisions on dam safety risk management, lest the legislation expose dam owners unwittingly to liability when they thought they were following good practice. In particular, the re-focussing of ANCOLD Guidelines to align more recognisably with the new legal paradigm, including preparation and adoption of a Safety Case, is recommended.

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2020 Papers

2020 – Dam Safety Due Diligence demands SFAIRP not ALARP
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Richard M Robinson, Siraj Perera, Gaye Francis

Due diligence has become endemic in Australian legislation and in case law, to the point that it has become, in the philosopher Immanuel Kant’s terms, a categorical imperative. That is, our lawmakers seem to have decided that due diligence is universal in its application and creates a moral justification for action. This also means the converse, that failure to act demands sanction against the failed decision maker.

This applies to dam safety management which represents the archetypical high consequence – low likelihood event. It is now essential to have positively demonstrated safety due diligence in a way that can withstand post-event judicial scrutiny. Presently the only way this can be done is by using the notion of criticality and precaution, not hazard and risk. The test is not that of risk acceptability (as low as reasonably practicable or ALARP), rather it is that no further reasonably practicable precautions (so far as is reasonably practicable or SFAIRP) are available, and that what results is not prohibitively dangerous.

This paper will document the difference between the two approaches and how to positively demonstrate safety due diligence. It also discusses the definition of ALARP as stated in ANCOLD’s Guidelines on Risk Assessment 2003 and the relevance of the safety case principle for dam safety management.
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2020 Papers

2020 – Implications of NSW Dams Safety Regulation 2019 on dam safety risk management
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Mark Pearse, John Pisaniello, Sam Banzi, Peter Hill

A completely new dam safety regulation framework was introduced into NSW in November 2019. The new framework addresses all aspects of dam safety management. The implications for dam owners in respect of risk reduction measures (RRMs) that will need to be undertaken have been the matter of debate and are the focus of this paper. The Dams Safety Regulation 2019 requires that dam owners eliminate or reduce the risk posed by their dams but “only so far as is reasonably practicable” (SFAIRP). This is a change from the previous Dams Safety Committee requirement that risks should be reduced as low as reasonably practicable (ALARP). The previous guidance around the extent and timing of risk reduction has been removed and dam owners are now required to determine what is ‘reasonably practicable’. These changes were anticipated to save hundreds of millions of dollars from the reduced cost of risk reduction measures across the state of NSW. These savings appear unlikely to materialise given that dam owners are likely to be highly cognisant of the need to meet the common law expectation that RRMs should be implemented unless the costs associated with the RRMs are grossly disproportionate to the benefits gained. The key changes in the new regulatory framework are identified along with the legal and financial implications in regard to RRMs followed by next steps that should be considered by dam owners in NSW. Many of the implications are applicable to other dam owners who operate under common law (including all states of Australia and New Zealand).
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2021 Papers

2021 – Demonstrating SFAIRP
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Richard M Robinson, Siraj Perera, Gaye Francis

SFAIRP (so far as is reasonably practicable) is the ‘modern’ definition of ‘safe’. Shrouded in the legal
concept of the ‘safety case’, it is actually the judicial form of the principle of reciprocity – the golden rule – do unto others, incorporated into the common law by the Brisbane born English law lord, Lord Atkin in 1932.

In dam safety terms, it asks the question; “If you lived downstream of a dam, how would you expect the dam to be designed, operated and maintained in order for it to be considered safe?”

The answer is that it now requires a public demonstration that all reasonably practicable precautions are in place in a way that satisfies the will of our parliaments and our sovereign’s courts, otherwise known as a SFAIRP safety case.
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2021 Papers

2021 – Designing dam safety emergency exercises in an inter-related risk environment to build resilience
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Richard Mannix, Michael Cawood, Joseph Matthews, Siraj Perera

Guidance material available to dam owners both domestically and internationally on testing dam safety emergency plans (DSEP) and running exercises is relatively general in nature. Guidance specific to dams that assists owners to design risk informed exercise scenarios tailored to their dam(s) total risk profile and the broader context in which the consequences of dam and operational safety failures would materialise, is limited.

This paper presents a framework that guides dam owners through a progressive scenario development process that enables the systematic identification of both dam and operational safety matters that require exploration as part of DSEP exercising. This level of rigour in guidance material has, until now, been missing and is particularly relevant in the context of dam owners demonstrating due diligence and SFAIRP imperatives while also bringing dam safety management closer to achieving the safety case.
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2021 Papers

2021 – Risk analysis and safety upgrade of Mangrove Creek Dam; SFAIRP assessment under Dam Safety NSW regulations
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Vicent Espert, Peter Buchanan, Colleen Baker, Malcolm Barker, Mark Locke

Mangrove Creek dam is an 80 m high CFRD constructed between 1976 and 1982 for water supply to the NSW Central Coast area, and is currently operated by Central Coast Council (CCC). The dam is classified as a ‘High A’ Consequence Category dam for both Sunny Day and Flood breach in accordance with ANCOLD guidelines.

Previous assessments of the dam identified that it would not be able to safely pass the ANCOLD Fallback flood capacity of the PMP flood in its current configuration. As such, the dam has been operated at a restricted full supply level for many years.

In 2020, GHD was engaged by CCC to develop a concept and detailed design to increase the spillway capacity using a standards-based approach to achieve the flood capacity fallback position. The first phases of this contract also required GHD to undertake additional investigations and analyses of various aspects of the dam and spillway to confirm the scope of works for the upgrade. During this review, it became evident that although the spillway capacity does not meet the ANCOLD fallback position, the Annual Exceedance Probability (AEP) of the existing capacity was relatively low and could potentially be deemed acceptable from a risk-based position.

A Risk Assessment was subsequently undertaken, with a SFAIRP assessment developed based on the new Dam Safety NSW guidelines. This assessment may be the first one to be completed for a major dam using the Dam Safety NSW guidelines. This paper discusses the different outcomes for a standards-based ‘Fallback’/’Simplified’ criteria and risk criteria based on DS NSW regulations, as well as the investigations developed to maintain confidence in the assessment. In addition, it describes a practical case for the application of SFAIRP criteria to a major dam.

In the case of Mangrove Creek Dam, the application of the new DS NSW Guidelines resulted in the dam being assessed as acceptable in its current state, with the FSL returned to the original design level. The outcome provided significant savings to the client, by avoiding costly upgrade works and avoiding disruption to the operation of the storage – a real success story.
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