A comparative review of environmental protection policies and laws involving hazardous private dams: 'appropriate' practice models for safe catchments
Date
2011
Authors
Pisaniello, J.D.
Editors
Advisors
Journal Title
Journal ISSN
Volume Title
Type:
Journal article
Citation
William and Mary Environmental Law and Policy Review, 2011; 35(2):515-581
Statement of Responsibility
Conference Name
Abstract
Generally, the world’s largest dams have been erected and managed by governments, while individual owners have been responsible for private dams. Both kinds of dams have experienced technical failures that have resulted in tragic losses of life as well as disastrous damage to property and environment, and this has generated serious concerns regarding dams’ safety worldwide. In Australia, despite the fact that attention has been focused on the physical and technical integrity of medium- to largescale dams, the smaller private dams have been virtually ignored with regard to their serious potential and actual problems. Specifically, private dams pose threats to downstream communities and environment in larger catchments due to these dams having potential cumulative safety dangers. This paper establishes the significance of this problem. The main issues and concerns surrounding the (lack of) implementation of private dam safety assurance and environmental protection laws have been identified and illustrated with Australian case studies. An international comparative review of private dam safety assurance policies, laws, and management practices has been conducted in order to provide a basis for addressing these issues.
The practices analyzed comprise Australia (including New South Wales, Victoria, and Tasmania), the United States (including Michigan and Washington), Canada (including Alberta), the United Kingdom, South Africa, and Finland. The review/analysis has identified benchmarks for and elements of “best” and “minimum” practice that can and do exist successfully to control the safety management of private dams and minimize both individual and cumulative dam safety threats within catchments. These elements have led to the development of models of “best” and “minimum” practice and guidelines for selecting “appropriate” practice suitable for varying jurisdictional circumstances; their application is illustrated with an Australian case study. The models and associated comparative guidance provided here enable appropriate law and policy arrangements for private dam safety assurance to be determined and/or checked for any jurisdiction worldwide.
School/Discipline
Dissertation Note
Provenance
Description
Access Status
Rights
Copyright 2011 by the authors.