Details have emerged of how a water tank in Cooma burst during the height of the Black Summer bushfires, with questions raised as to why SafeWork NSW didn't formally investigate the incident afterwards.
As much of the south-east burned during the night of January 4, 2020, an unexpected flood inundated 36 homes when one of two water tanks located near North Cooma burst.
Almost three years later, the event was raised as part of a budget estimates supplementary hearing where SafeWork NSW representatives were asked what information was used to conclude not to investigate the matter further.
"I do know the information on the incident was gathered from a range of sources, not just council or any particular person," executive director of compliance and dispute resolution at the Department of Customer Service Matt Press said.
The hearing was told the tank was constructed in 1958 and was last inspected by NSW Public Works in 2014 following leak repairs, but that was challenged by MLC Mark Banasiak.
"That last inspection was actually in 2018 after it was decommissioned in 2017," Mr Banasiak said.
"My concern is whoever provided you (SafeWork NSW) with that information provided false and misleading information regarding the safety of this water reservoir."
Mr Banasiak also spoke of the local community's shock at the incident.
"I think the fact there was no injuries or no death is good luck rather than good management," he said.
"There was a 90-year-old woman that was blind and woke up in the middle of the morning, floating."
Reservoir repairs
The hearing was told that SafeWork NSW closed their first inquiry into the incident on January 14, 2020, following an inspection on January 9.
Mr Press said there was a "significant review", and it was known that "the tank had issues and needed repairs".
Another witness from the Department of Customer Service, Megan McCool, told the hearing that the 2018 report came to light when the matter was reopened in July 2021 after a member of the public contacted SafeWork NSW,.
But it was ultimately decided again that no further investigation was necessary, and the matter was closed.
The 2018 NSW Public Works report was again raised by Mr Banasiak, who said it listed repairs to the reservoir as "extremely critical', with the risk "catastrophic" unless changes were made.
"That was in 2018 that council knew about this, and then council decides to fill up a water reservoir," he said.
"Mind you, they didn't need to because RFS (Rural Fire Service) warned them they didn't need to fill that reservoir for firefighting capability, but they ignored that advice."
"And clearly they ignored a public works document that said they shouldn't be using this reservoir unless those things were done."
The Snowy Monaro Regional Council has rejected these claims, saying they weren't told not to fill the tank, and that SafeWork knew of the 2018 report.
"As noted by SafeWork NSW, they were aware of the 2018 reports when reviewing the decisions made in the initial review of the incident," a council spokesperson said.
"Council has seen no evidence of the claim that the Rural Fire Service advised the council not to fill the reservoir."
"Council was requested to have as much water available as we could because of the potential fire threat to the township of Cooma.
"To Council’s knowledge the RFS was not involved in discussions on how that was to be achieved."
Insurance settlements
Some property owners whose homes were inundated with water in 2020 went through the process of seeking damages from council and have now received a settlement.
"The majority of the cases have been settled following the Cooma North Reservoir collapse. Only two claims remain outstanding, and these are with Council's insurer," a Snowy Monaro Regional Council spokesperson said.
"Council is investigating the need for a replacement tank which will be sited at the rear of land near the other tank."
"Council is also exploring further options for improvement to water security in Cooma, which includes the improvements to the Cooma Weir (approved but currently postponed)."
Council also noted that the time it took insurers to come to a decision was affected by challenges associated with COVID-19.
SafeWork NSW has been contacted for comment.
Witnesses involved in today's hearing have 21 days to get back to the Portfolio Committee with questions on notice.
