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Dam Construction and Safety

Sugarloaf dam wall

All farm dam owners are legally responsible for the safety of their dams and any damage these dams may cause if they fail.

The Water Act 1989 specifies licensing requirements for the construction and operation of dams and for the taking and use of water from dams.

The dams on your property require regular inspection and maintenance to keep them in good order.

If you are the owner of a dam, it is important for you to know that:

  1. If it fails, you are likely to be liable for any loss of life, injury or damage which results.
  2. Even if you are able to prove in a court of law that some or all of the responsibility for a failure lies with others, it is very likely that you will still be liable for expenses.
  3. Even if a failure does not cause damage outside your property, the cost of remedial work can often exceed the original construction cost of the dam.
Operating licences

An operating licence is required for all dams on waterways and large dams off waterways to ensure that dam owners take proper precautions to protect life and property. If you are proposing to build a large dam or own an existing large dam that is potentially hazardous then you must obtain an operating licence.

Dams that are considered to be potentially hazardous include those that:

  • have a wall of 5 metres or more high and a capacity of 50 megalitres or more
  • have a wall of 10 metres or more high and a capacity of 20 megalitres or more
  • have a wall of 15 metres or more high regardless of the capacity

Such dams require the preparation of surveillance plans which will usually also require the periodic inspection of the dam by a qualified engineer. In addition dam owners must hold an emergency management plan to be implemented in the event of a dam failure or other structural deficiency.

Annual operating licence charges apply for dams on waterways and hazardous sized dams.

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Construction licenses

A construction licence is required for the construction of any works on a waterway (dams, pumps, etc.) and for the construction of a dam off a waterway that meets the hazardous size criteria as specified above.

A condition of the construction licence usually requires the dam to be designed and the construction supervised by a suitably qualified engineer. Construction licences will also usually require the provision of flow bypass arrangements to allow for the passage of water through or around the dam outside of any authorised filling period.

Melbourne Water generally does not support the construction of new on-stream dams due to the adverse impacts such dams have on the waterway environment and downstream flows. On-stream dams will only be considered on minor tributaries where no alternative site exists and where an environmental impact study is undertaken and determines no adverse impacts will occur.

Dams that do not require a construction licence under the Water Act 1989 may still require a planning permit from the local Council. If you are considering building a new dam you should contact Melbourne Water and your local Council for advice.

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‘Take and use’ licences

Where water in a dam is to be used for irrigation or commercial purposes, a ‘take and use’ licence is required (Section 51, Water Act, 1989) whether the dam is on a waterway or not and regardless of its size. Such a licence should be obtained prior to the construction of a new dam as the conditions of the take and use licence may require particular works to be incorporated into the dams construction.

Dams used for domestic and stock purposes built on your property do not require a take and use licence.

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