This report finds that the Department of Regional Development, Manufacturing and Water (the department) has the key design elements of an effective regulatory framework. However, it is not effectively or consistently applying some important elements of the framework. There are gaps in the way it collects and manages the information it needs, how it targets risks, and how it acts on non-compliance. The department needs to improve its regulatory approach to compliance, monitor dam owner planning and progress in achieving necessary upgrades, and better address non-compliance by owners.

The department does not effectively collect the information it needs to conduct targeted, risk-based inspections, making it harder to enforce compliance with dam safety conditions. Weaknesses in the system and processes for monitoring and recording information on dam safety conditions reduce the department’s ability to inspect and enforce the conditions.

The department does not identify non-compliance with dam safety conditions consistently. When it does identify non-compliance with dam safety conditions, the department does not always follow up with owners to ensure issues are adequately addressed. Consequently, the department does not have complete and up-to-date data on the level of non-compliance and risk across its regulated population (dam owners).

The department focuses on voluntary compliance but has been reluctant to use enforcement measures such as penalty infringement notices or court action when needed. It has not made use of the available enforcement actions even though there are examples of owners consistently not providing the legislatively required safety notifications and reports on time. It cannot assess whether the dams are compliant with the safety standards if the safety reports are considerably late or not provided at all.