Dam Permit Approval

Process for Dam Permit Approval

Stage 1 – Informal Communication

• Discuss your intentions with regional water management officers
• Approval to carry out works is not required for dams:
  • not on a watercourse and that hold less than one megalitre of water; and
  • constructed for the primary purpose of storing waste as defined in the Act.

Stage 2 – Application Submission and Referral

• Submit an Application for Dam Works Permit to the Coordinator Licensing, Water Management Branch, Department of Primary Industries and Water (DPIW)
  • The application form must be accompanied by any required information and the prescribed fee. Regional Water Management Officers can assist with meeting the requirements
• DPIW will refer the application to the Assessment Committee for Dam Construction (ACDC)
  • ACDC informs applicable local council of proposed dam works
  • If the proposed dam works are wholly or partly within a pipeline planning corridor, you are required to notify the operator of the pipeline licensed under the Gas Pipelines Act 2000

Stage 3 - Advertising and Consultation

• ACDC publicly advertise dam works application. Advertisement includes:
  • specifying the name of the applicant, details of the application and any other information the Assessment Committee may require;
  • specifying where a copy of the application, including any other documents submitted, will be available for inspection;
  • inviting written representations from any person who may be affected by the application; and
  • specifying a period of at least 14 days from the publication of the notice during which representations may be made and the address to which they are to be sent.
• Third parties may make submissions to the ACDC in writing
  • The timeframe for making a representation is generally 14 days from the date of advertisement
• If no submissions, an ACDC delegate may approve the decision and the applicant is notified of the decision
  • If an applicant disagrees with the decision made, an appeal may be lodged. Refer to section 5 for avenues of appeal.

Stage 4 – Assessment and Decision

• If there are submissions, the Technical Advisory Committee of ACDC:
  • considers technical issues of application;
  • considers objections;
  • may suggest information gathering; and
  • may recommend conditions.
• The ACDC considers advice
• ACDC may request further information from applicant
  • The ACDC has 12 weeks to request further information from the applicant
• After all advice is considered and further information is gathered, Director of Environmental Management advised of application
  • The ACDC has 12 weeks to notify the Director of the application, unless it has been approved by a delegate (as above)
• The Director of Environmental Management may refer application to the Board of Environmental Management and Pollution Control (BEMPC)
  • The Director has 14 days to refer the application
• The ACDC considers all advice
• ACDC will determine the application by either:
  • refusing it; or
  • approving it with or without conditions
• Third parties notified of decision
• Applicant notified of decision

Stage 5 - Appeal

• The applicant and/or any representors may lodge an appeal against all or part of the council's decision with the Resource Management and Planning Appeal Tribunal (RMPAT)
  • The applicant has 14 days to lodge the appeal
• The Tribunal holds a formal hearing at which all parties are able to provide submissions to support their case
• The Tribunal decision either confirms, varies or sets aside ACDC/delegate decision