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Remembering the 4 January 2020 Cooma Water Tank Collapse
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Remembering the 4 January 2020 Cooma Water Tank Collapse

A Call for Accountability by Chris Chan

Remembering the 4 January 2020 Cooma Water Tank Collapse:

A Call for Accountability - by Chris Chan

As today marks the anniversary of the catastrophic Cooma North Snowy No. 1 Reservoir explosion of January 4, 2020, it is crucial to reflect on the devastation caused by this preventable tragedy. For the victims, this date marks not only the loss of property and peace of mind but also a stark reminder of the ongoing neglect by the Snowy Monaro Regional Council (SMRC) to address their suffering adequately.

The Collapse: What Happened?

On January 4, 2020, the Snowy No.1 Reservoir in Cooma catastrophically failed, releasing millions of litres of water into surrounding properties, flooding homes, impacting people’s lives, destroying fences, carports, and contaminating the land. For residents like James and Michelle (names have been changed), the tank explosion marked the beginning of a prolonged and ongoing fight for justice and compensation.

In a correspondence to General Manager David Hogan, Michelle's legal representative outlined the chain of negligence leading to the incident. Key points included:

  • The reservoir was structurally compromised as early as 2014, with a directive at that time never to fill it beyond 75% capacity.

  • Despite being decommissioned in 2017, the reservoir was refilled to near full capacity (98%) on January 4, 2020, just hours before the collapse.

  • Public Works Report No: 1PWA/1PM/000876/3 (May 2018) explicitly advised that the reservoir "could crack in service."

  • A report from engineering consultants, ALS Industries, in January 2019 warned of “Catastrophic Consequences” should the reservoir be refilled without essential repairs. The council chose to ignore this advice, resulting in what can only be described as gross negligence.

  • The ALS Industries Report No: 67890 REP 01 R1 (January 24, 2019) contained a “Critically Extreme Risk” warning and flagged ‘Catastrophic Consequences’ if the reservoir were commissioned without addressing 14 critical repairs. This report warned of "death, loss of system or plant, release to the environment, such that significant public interest or regulatory intervention occurs or reasonably could occur."

Michelle's letter elaborates: "At all relevant times the Reservoir was in Council’s control. In 2014, extensive repairs were undertaken, yet by 2017 the structural issues re-emerged. By 2019, the ALS report explicitly stated 'death, loss of system or plant, release to the environment' could occur if the reservoir was refilled without essential repairs."

Council's Failures: Before, During, and After the Collapse

The Snowy Monaro Regional Council's failures extend beyond the incident itself. The council's inaction, misleading public statements, and lack of transparency have compounded the damage inflicted upon affected families.

Prior to the Collapse:

  • On 19 December 2019, councillors approved a $920,000 plus budget for “necessary repairs”. However, by January 2, 2020, a State of Emergency was declared, and even though the tank was decommissioned (and just two weeks earlier there had been a resolution to repair it) the reservoir was refilled without conducting any of the critical repairs outlined in the ALS report of January 2019.

  • The council lacked jurisdiction to refill the reservoir under the State Emergency and Rescue Management Act but proceeded without authorization.

An investigation by a local resident, Mr Peter Anderson, highlighted this breach, noting: “Council did not properly liaise with the NSW Police, Rural Fire Service, or the Minister for Emergency Services. This was not an operational requirement under the State of Emergency, but an arbitrary decision by SMRC."

During the Crisis:

  • Police notified the council at noon on the day of the collapse (4 January 2020) that the reservoir was leaking. (It is notable that the leak had been increasing in size since filling of the tank began on January 2nd). Despite attending the site at noon on the 4th, the council took no steps to reduce the water level or prevent the impending disaster.

  • "Water is gushing from the tank," read the police notification. “Council attended at 1 PM but left without addressing the leak or shutting down the automatic valve."

  • The council's failure to inform emergency services or residents downstream further highlights their disregard for public safety.

Aftermath and Misleading Statements:

  • Following the explosion, Mayor Peter Beer publicly stated, “It’s always been a very safe tank. It is very unexpected that it gave way.” This claim contradicts multiple engineering reports that flagged the reservoir as critically unsafe and the fact that less than two weeks earlier councillors had resolved to authorise critical repairs.

  • Council's official SafeWork notification falsely claimed that no one was injured, ignoring the asbestos exposure and property damage that followed.

Mr Peter Anderson addressed this in his letter to council: "Your statement that the reservoir was 'safe' is blatantly false. Reports from ALS and Public Works consistently flagged the tank as unstable. This misleading information is not only irresponsible but potentially criminal."

Victims Still Await Justice:

For Michelle, the aftermath of the collapse left her property at Nimby Place severely damaged and potentially contaminated. Her ongoing claim totals are significant and remain unresolved. She has indicated that despite a senior council officer contacting her and indicating that he would be in contact, she has had no communication from him for almost two years.

James's case is similarly harrowing. Despite receiving partial compensation, his outstanding claims are significant. His property was exposed to asbestos carried by floodwaters, exacerbating health issues and financial burdens.

James, diagnosed with cancer he attributes to the stress from the unresolved claim, continues to seek justice. His letter of demand dated May 17, 2024, underscores the council's failure to act in good faith or fulfill its duty of care. "The asbestos in flood debris has impacted my family’s health directly. Council’s negligence has left us vulnerable and unprotected."

Mr Peter Anderson: A Community Advocate

Amid the silence from council officials, community advocate Mr Peter Anderson has been a relentless voice for the victims. In his December 16, 2024, letter to Mayor Hanna, Anderson highlights the council's numerous statutory breaches, including violations of the NSW Work Health and Safety Act and the Local Government Act.

Mr Anderson's investigation into the reservoir collapse, driven by the absence of a formal inquiry, revealed damning evidence of council misconduct. Despite repeated attempts to engage with the council, Mr Anderson was labeled an "unreasonable complainant," a designation used to silence those seeking accountability.

Mr Anderson quotes from council’s correspondence to him regarding the tank failure. "Emails regarding the collapse of the water reservoir will be noted and filed, with no response to be provided." Referring to the unreasonable complainant designation he has received, Mr Anderson goes on to say: "This policy has been weaponized to suppress truth and deny natural justice.

Five Years Later - a Call for Action

The council's failure to resolve outstanding claims and address systemic governance and operational issues cannot continue. This five year anniversary must serve as a rallying cry for accountability and justice. The residents of Cooma deserve more than platitudes and empty promises. They deserve action.

As Anderson's letter poignantly notes: "You have not satisfied your statutory obligations, resulting in ongoing harms for those damaged through council’s negligence." The victims of the Cooma water tank collapse and those who advocate on their behalf remain steadfast in their pursuit of truth and justice.

It is time for the Snowy Monaro Regional Council to urgently undertake an independent enquiry into the circumstances around the tank failure. Council also should honour its obligations, settle outstanding claims, and restore trust within the community.

To James, Michelle, and all those still fighting for justice, the Monaro Zone stands with you.

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