Your Dam Your Responsibility (PDF~1.2MB)

2 Risks Posed by Dams
2.1 Owner’s Responsibilities
‘Failure’ of a dam does not necessarily mean the same as ‘collapse’ of the dam. More
generally, it may mean failure to meet its design objectives. Hence, any damage to a
dam short of collapse (such as development of cracks, localised slumps or erosion) or any
failure to retain water as designed (such as excessive leakage through, under or around
the dam) or any inability to pass incoming flood waters via the spillway, may be regarded
as a failure of the dam, though some failures may be more serious than others.
Should a farm dam fail, its owner may be held legally liable for all associated damage. To
minimise the possibility of failure and the attached liability, an owner should:
• use the services of a suitably qualified engineer to design and construct the dam;
• make periodic visual inspections of the dam;
• monitor conditions that may affect the safety of the dam;
• perform regular maintenance;
• carry out repairs where and when required to meet current design and construction
standards; and
• have an experienced dam engineer investigate any unusual conditions which could
result in partial or total failure.
A number of incidents involving farm dams have occurred in Victoria in the recent past,
ranging from ‘near misses’ to total failure of the dam. Some of these incidents have
resulted in significant property and environmental damage. Investigations have revealed
that most of the incidents would have been avoided if appropriate planning, design,
construction, surveillance and maintenance procedures had been undertaken.
Generally, the Water Act provides that, if there is a flow of water from the land of a
person onto any other land; and that flow is not reasonable; and the water causes:
(a) injury to any other person; or
(b) damage to the property (whether real or personal) of any other person; or
(c) any other person to suffer economic loss;
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then the person who caused the flow is liable to pay damages to that other person in
respect of that injury, damage or loss.
The Water Act provides that this Act does not extinguish the common law liability of a
private dam owner for damage caused by the escape of water from a dam.
Dam owners who would like more information about their legal responsibilities should
seek their own legal advice from their legal practitioner.
2.2 Definition of a Dam
Under the Water Act, a dam is defined as ‘anything in which by means of an excavation,
a bank, a barrier or other works water is collected, stored or concentrated’.
The term ‘dam’ as used in this booklet includes the embankment and all other parts such
as spillway, outlet and valves.
Construction of a dam may be from earth or other suitable materials. It may be located
on a hillside, in a gully or on a waterway.
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