New dam rules under review
Federated Farmers and Irrigation New Zealand are urging the Government to amend dam safety legislation before it’s enforced.
The Building (Dam Safety) Regulations 2022 are due to come into effect from May, but farmers say the perceived risk is not worth the extra time and money it will cost them.
The new safety regulations are intended to reduce the likelihood of dam failures, which the Ministry of Business, Innovation and Employment (MBIE) says could pose a risk to people, property and the environment.
It has just closed submissions on a consultation document suggesting more workable solutions, but is not considering a change to deadlines.
Federated Farmers spokesperson for buildings and farm structures Mark Hooper said the review recognised that the rules would be difficult to implement.
The current legislation covers dams that are 4 metres or higher with a volume of 20,000m3 (eight Olympic-sized swimming pools) or greater, or 1 metre or higher with a volume of 40,000m3 (16 Olympic-sized swimming pools) or greater.
Modelling by the University of Auckland indicates this would cover about 3000 dams throughout the country.
Dams will need to be assessed by recognised engineers and reviews will be required every five years. Hooper said that for many of the dams captured by the criteria, the cost of assessments and actions – like developing a Dam Safety Assurance Programme – did not match the potential risk these dams posed.
Another problem, he said, was a lack of specialised engineers to carry out assessments, with many of those working in the space based in bigger centres.
Federated Farmers has proposed changes to the criteria around dam sizes that would drop the number that needed managing down to 800.
“It makes [the legislation] more achievable,” Hooper said.
Federated Farmers also proposed that the pool of professionals authorised to carry out assessments be broadened to include rural consultants.
Incoming Minister for Building and Construction Chris Penk said he had visited a range of dams of different sizes to “get a feel for the issue”.
“Raising the height and volume threshold would exclude shorter dams, most of which are considered ‘low potential impact’, from the regulatory framework,” he said.
One option being considered was aligning the requirement for certifying dams with the building consent threshold: in other words, if farmers don’t need a consent to build the dam, it won’t have to be certified later. “It is important that specialist engineering resources are focused on dams that represent the greatest risk to people and property downstream, and that owners of such classifiable dams are able to meet their obligations under the regulations,” Penk said.
MBIE building policy manager Suzannah Toulmin said the ministry had run two awareness campaigns since the legislation was announced in 2022 to make sure dam owners knew what was needed.
The ministry provided information on compliance and worked with farmer-focused businesses and organisations, she said.
It’s also working with engineers and IrrigationNZ to develop a tool that will help owners work out the classification of their dams. “The intent is that this tool will minimise the cost and time rural or small dam owners spend engaging technical practitioners,” Toulmin said.
Together with Engineering New Zealand Te Ao Rangahau and the New Zealand Society on Large Dams, MBIE has developed a qualification programme and Engineering New Zealand will register those authorised to carry out assessments.
Regional authorities already maintain a register of dams, and councils will keep records of classifiable dams and compliance certificates.
Penk hoped to communicate any decisions based on the feedback as soon as possible.
“I’m very mindful that dam owners need to have as much time as possible to understand and fulfil their obligations.”