Form 60 + 61 + 62 - Private dam (or other structure) works licensing

Please read this information in detail before starting your application.

Before you start

You will need to provide details about whether the proposed dam (or other structure) is on a waterway with high ecological values or a watercourse.

Waterway with high ecological value is a waterway that is a wetland or marsh; or has native in-stream and riparian vegetation; or is known to support flora and fauna of conservation significance.

Watercourse means a waterway with defined bed and banks where water flows regularly but does not need to flow continuously.

Generally, this can only be determined by applying to GMW to undertake a waterway determination for the proposed site. 

Form 96 - Waterway determination and catchment assessment

Establish the hazard category of the proposed dam

The hazard category must be established for the proposed dam according to ANCOLD Guidelines on the Assessment of the Consequences of Dam Failures, 2000. For further information, visit the ANCOLD website

Generally, large or potentially hazardous dams are dams which meet one of the following categories:

• The dam has a wall that is 5 metres or more high above ground level at the downstream end of the dam and a capacity of 50 megalitres or more; or
• The dam has a wall that is 10 metres or more high above ground level at the downstream end of the dam and a capacity of 20 megalitres or more; or
• The dam has a wall that is 15 metres or more high above ground level at the downstream end of the dam, regardless of the capacity; or
• The dam belongs to a prescribed class of dams.

Operating licence conditions require that dam owners of potentially hazardous dam/s take proper precautions to protect life and property by developing and maintaining a surveillance plan and emergency management plan for the dam/s.

Detailed information about your obligations as the owner of a licensed dam can be found in the publication “Your Dam, your responsibility – a guide to managing the safety of farm dams”. A copy of this booklet is supplied to all licensees when licences are issued or renewed. Additional copies can be obtained by contacting the Licensing Unit or you can download a copy

Apply for a licence to take and use water and/or a private right to take and use water determination

The granting of a works licence does not grant any rights to take and use water. If you intend to take and use water from a proposed dam, under most circumstances a licence is required.

A licence to take and use water is generally issued for a term between 1 to15 years. A licence to take and use water authorises the licensee to extract surface water and use it for irrigation, commercial, domestic and stock or use the dam for aesthetic or other licensed purposes. Applications are subject to approval by GMW and specific rules apply to particular catchments and waterways.

Under very limited circumstances you may have what is called a private right to access water for domestic or stock purposes. You should contact the Licensing Unit to determine if this applies to you as you may be required to make application for a private right determination.

Take and use water and operate works licensing

Form 95 - Private right determination

Purchase water entitlement from an existing licence holder

If you do not have an entitlement and you intend to take water from the proposed dam, you will be required to apply for a licence to take and use water and purchase the required volume of water from an existing water entitlement owner prior to lodging your application for a works licence. You should ensure you fully understand the potential to trade an entitlement in your local area. Please contact the Licensing Unit for further information about the licensing requirements.

Meet your obligations under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act)

The Environment Protection and Biodiversity Conservation Act 1999 include a number of relevant provisions which ensure that matters of national environmental significance are protected including:

• World heritage properties;
• Ramsar listed wetlands;
• Nationally threatened flora and fauna and ecological communities;
• Internationally protected migratory birds; and
• Commonwealth marine areas.

You should contact Environment Australia at or telephone 1800 803 772 for further information and to determine your obligations prior to completing your application.

Meet your Shire Council planning application requirements

In addition to licensing requirements under the Water Act 1989 (Vic), most local Shire Councils require a planning permit application to be lodged prior to any works commencing. You should contact your local Shire Council for information.

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Applications

Apply to construct, alter or decommission works

By law (section 67 of the Water Act 1989 (Vic)), anyone who proposes to construct, alter, remove or decommission a dam or other works located on a waterway, where the works are associated with the authorised take, use, conveyance or storage of water, must obtain a licence before any works may commence. If the proposed works are not associated with the take and use of water (such as realignment or erosion control works) there is no requirement for a licence to be issued by Goulburn Murray Water under section 67 of the Water Act 1989 (Vic). However, you may still require a licence from the relevant Catchment Management Authority. 

A works licence is required to construct, alter or decommission:

• Private dams (or other structures used to take, use, convey or store water e.g. a weir) located on a waterway or watercourse
• Private dams which are deemed to be large or potentially hazardous irrespective of whether they are located on a waterway or watercourse

Private dams are dams on private property. They are usually built from earth, and vary in their size and shape. Section 3 of the Water Act 1989 defines a private dam as anything in which by means of an excavation, a bank, a barrier or other works water is collected, stored or concentrated but does not include anything owned or operated by a public statutory body, any works of an Authority, a channel, drain or pipe or a bore.

Large or potentially hazardous dams are dams which meet one of the following categories:

• The dam has a wall that is 5 metres or more high above ground level at the downstream end of the dam and a capacity of 50 megalitres or more; or
• The dam has a wall that is 10 metres or more high above ground level at the downstream end of the dam and a capacity of 20 megalitres or more; or
• The dam has a wall that is 15 metres or more high above ground level at the downstream end of the dam, regardless of the capacity; or
• The dam belongs to a prescribed class of dams.

Form 60 - Part 1 - Application

Form 60 - Part 2 - Engineer's part

Renew an existing works licence

If the works have not been completed by the licence expiry date, the licence may be renewed once only.

If works have not been carried out within the licence renewal period, an application for a new licence will be required

Form 60 - Renew a Works Licence to construct, alter or decommission a dam or other structure on or off a waterway

Apply to operate works

By law (Section 67 of Water Act 1989 (Vic)), a licence to Operate Works is required for any dam located on a creek, stream, river or waterway or for any off-stream dam which is considered potentially hazardous.

The purpose of licensing these dams is to ensure that dam owners carry out the necessary ongoing maintenance and surveillance of their dams to avoid failure. Operating licence conditions require that dam owners take proper precautions to protect life and property.

This application should be submitted to GMW one week prior to completing works and before the expiry of the Licence to Construct Works. You cannot operate the dam until a licence to operate the works has been issued.

Form 61 - Works Licence to operate a dam on or off a waterway

Renew an existing licence to operate works

The licence may be renewed once only.

Form 62 - Renew a Licence to Operate Works for a hazardous dam

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Documents to be provided with your application

Locality and Site Plans

A siting map of the proposed works, including photographs, is to be prepared which clearly identifies:

• property boundaries and land ownership of the land on which the works and associated works are sited;
• existing native vegetation;
• the location of the proposed works and associated works.
• details of the actual works including, but not limited to –
  
  • fully dimensioned design plans including cross sections and any relevant technical features; and
  • survey of the waterway channel at the works location for any works on waterways.
• the location of existing features including waterways, works, buildings, power lines, easements, roads, access tracks, fences, channels, drains, pipelines, water storages.
• waterway/drainage line/gully/depression etc.: downstream of proposed site at several locations and up to 500m downstream or to the next major tributary.

Note that any works on a waterway must be located to avoid unstable sections of the waterway including banks that are susceptible to slumping, (such as the outside of tight river bends or vertical banks); and areas where siltation is likely to affect inlets, (such as the inside of a river bend where sand accumulates).

Design Specification and Construction Plans

The Engineer’s computations and site plan including the date they were prepared and the plan number/version number must be clearly identified on the plan.

Dam computations designed for annual exceedable probability (AEP) of 1 in 100 years flood specification.

A construction plan must be prepared by the applicant and must clearly identify how the applicant will –

(a) liaise with relevant Aboriginal and cultural heritage authorities to avoid or minimise the impacts on any relevant sites or objects;

(b) avoid or minimise disturbance to native vegetation;

(c) avoid or minimise impact on threatened species and communities;

(d) restore any native vegetation that is disturbed with local indigenous species in accordance with an approved native vegetation offset plan;

(e) decommission any disused works, which are assessed as having no aesthetic or historic value, and remove the material from the site within 30 days of the works becoming redundant;

(f) prevent fuel or lubricant or any other matter used in connection with works and appliances from entering into and polluting the waterway, the riparian or riverine environment;

(g) return soil disturbed during construction to its original profile and compact and revegetate it to protect it from erosion;

(h) restore ground surface levels disturbed by excavation and installation and revegetate with local indigenous species;

(i) make provision for the installation of meters to the licensing authorities requirements;

(j) ensure that no filters, filtrate, irrigation controls and fertigation are placed on the waterway; and

(k) minimise disturbance to the floodplain and waterway by, where practical, –

(i) consolidating the works sites and access tracks;

(ii) making use of existing works, access tracks and power lines;

(iii) placing new power lines and delivery pipes underground;

(iv) ensuring any pump houses are as small as practicable;

(v) colouring and screening any pump houses to be compatible with the surrounding environment.

(l) where practical, fix power authority-approved electrical fittings above the Nominal Flood Protection Level (300 mm above the 100 year ARI flood level).

(m) where practical, raise and secure suction pipes above bank slopes to minimise the collection of flood debris; and

(n) where practical, ensure the inlet, strainer and foot valves can accommodate fluctuation in water levels
(including fluctuations below any existing weir pool minimum operating levels).

Please ensure the following is clearly labelled on the plans and provide details below where indicated.

(a) Height of dam/weir or other structure from downstream toe to top of wall.

(b) Capacity of dam/weir or other structures at full supply level and proposed storage capacity.

(c) All dams must be designed to include 1.0 meter Freeboard; this height must be clearly identified in the plan.

d) The spillway must be a minimum of 3 metres in width, cut in solid ground. The spillway return must be constructed clear of the toe of the embankment. The dam spillway must be designed to mitigate erosion; installation of rock beaching of varying sizes no less than 300 millimetres. Spillway capacity in ML/day must be labelled.

(e) The crest width must be increased as the height of the dam increases. The crest width and height must be clearly identified in the plan.

(f) Side batter slopes, (horizontal to vertical) are to be a minimum of 3 to 1, and clearly indicated in the side elevation plan.

(g) Compensation pipe must be installed and fitted with a gate valve that allows the dam to be fully drained within 72 hours.

(h) Considerations for inflows must be included in design, pipe class and diameters must be indicated on the plan.

(i) Diversion points must be independent and not connected to the compensation pipe unless a fully operational bypass mechanism is installed. Designs must mitigate erosion control of discharge. Anti-seepage cut-off collars at least 1 metre square in area. Outlet pipe diameter and Pipe Class must be labelled.

(j) To prevent prolonged saturation resulting from continuous flows over the spillway, a trickle flow pipe with a drop pit located so that it discharges back into the waterway away from the embankment and designed to control erosion. Pipe class and diameters must be indicated on the plan.

(k) Measuring gauge boards and their location must be indicated on the plan.

(l) High Voltage Transmission Lines. Note the distance between the proposed dam location and any high voltage transmission lines.

For any potentially hazardous dam, a plan for constructing the proposed works or altering the existing works must also include:

(a) details of the suitably qualified engineer(s) and any contractor(s) responsible for the:

(i) investigation and design,

(ii) construction supervision; and

(iii) preparation of the dam safety surveillance plan and dam safety emergency plan.

(b) technical features of the dam including:

(i) type of dam (i.e. earthfill, rockfill or concrete)

(ii) other details including height of wall, full supply level, surface area, spillway capacity, designed flood (AEP), outlet pipe and upstream and downstream valve.

(c) hazard category (very low to extreme) according to the ANCOLD guidelines.

(d) locality plant at an appropriate scale showing orientation, location of roads, bridges, buildings and fences in the vicinity of the embankment, and the area to be inundated by the stored water.

Decommissioning a potentially hazardous dam

(a) When removing or decommissioning a potentially hazardous dam, a detailed plan must be developed by a suitably qualified engineer.

(b) A plan for removing or decommissioning existing works is to be prepared which clearly identifies how the applicant will where practical –

a. liaise with relevant Aboriginal and cultural heritage authorities to avoid or minimise the impacts of decommissioning on any relevant sites or objects;

b. avoid or minimise disturbance to native vegetation; 

c. avoid or minimise impact on threatened species and communities;

d. prevent fuel or lubricant or any other matter used in connection with works and appliances from entering into and polluting the waterway, or aquifer, or the riparian or riverine environment;

e. restore any native vegetation that is disturbed during decommissioning with local indigenous species in accordance with an approved native vegetation offset plan;

f. restore ground surface levels and waterway embankments to reflect the topography prior to the works’ construction and compact and revegetate the site with local indigenous species to protect it from erosion;

g. note that for works on a waterway, the banks may require beaching to protect against erosion from river flow;

h. where practical, make use of existing power lines, works and access tracks;

i. shut down and revegetate any tracks that will not be required for future access.

A plan for operating and maintaining the proposed works is to be prepared which clearly identifies how the applicant will –

(a) keep the site clear of rubbish and debris at all times;

(b) monitor and avoid any damage, erosion or degradation to the nearby waterway, aquifer or riparian environment resulting from the works;

(c) prevent fuel or lubricant or any other matter used in connection with works and appliances from entering into and polluting the waterway, or aquifer, or the riparian or riverine environment; and

(d) not interfere with or restrict the access rights of the public or other water users.

Dam Safety Surveillance Plan and Dam Safety Emergency Plan

If the dam/s have been assessed as being in the very low, low or significant hazard category according to the guidelines issued by the Australian National Committee on Large Dams (ANCOLD) you can complete the template Dam Safety Surveillance Plan and Dam Safety Emergency Plan. Generally your engineer will be required to conduct a hazard assessment prior to completion of the dam construction. GMW will conduct a hazard category assessment for some dams as part of the licence renewal process. Contact the Licensing Unit for further details.

If your dam/s are assessed as having a hazard category of anything other than very low, low or significant according to the guidelines issued by the Australian National Committee on Large Dams (ANCOLD) you will generally be required to engage an engineer (who is eligible for membership of the Institution for Engineers Australia) to certify the plans and ensure they comply with the provisions of guidelines.

Detailed information about your obligations as the owner of a licensed dam can be found in the publication “Your Dam, your responsibility – a guide to managing the safety of farm dams”. A copy of this booklet is supplied to all licensees when licences are issued or renewed. Additional copies can be obtained by contacting the Licensing Unit or you can download a copy

A Dam Safety Surveillance Plan should include a hazard category assessment of the dam, the results of visual assessments, geotechnical investigations and spillway calculations as well as detailed assessments of the safety of the dam. The surveillance program must stipulate the recommended intervals for inspections to be carried out by the dam owner relating to checking the structural integrity of the dam and the process for identifying and reporting changes in the condition of the dam. 

A Dam Safety Emergency Plan is a formal plan which must:

• Identify emergency conditions which could endanger the integrity of the dam and which require immediate action;
• Prescribe procedures which should be followed by the dam owner and operating personnel in the event of an emergency;
• Detail procedures for providing timely warning to appropriate emergency management agencies for their implementation of protection measures for downstream community.

Environmental Impact Assessment Report

If the proposed dam (or other structure) is on a waterway with high ecological values or it is a watercourse, an Environmental Impact Assessment Report must be submitted along with this application.

Environmental Assessment Report - Selection criteria for Consultants

Environmental Assessment Report - Report requirements

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FAQs

Assistance with this application

Please read the information provided and if you need further assistance contact the Licensing Unit between 8.00am and 4.45pm Monday to Friday on 1800 013 357 (free call from most fixed line phones) or contact  licensingadmin@gmwater.com.au