Freshwater Protected Area Resourcbook

7.11 Framework should be flexible:

The third main threat to high conservation value rivers and estuaries is disturbance of their catchments by changing land use. Although there is no linear relationship between catchment disturbance and aquatic ecosystem value or condition, a general correspondence does exist²⁵¹: the greater the disturbance, the more ecosystem condition tends to be impaired.
Here again it is useful to think in terms of tools available to State agencies falling into two main groups: prohibitions and incentives. Controls over land use are imposed by both State statute and local government by-laws and regulations which gain their authority from State statute: these operate in the main through prohibition. While most legislation operates by establishing conditional prohibitions, legislation may also validate and enable funding programs (incentives).
Incentives can be offered by direct State or local funding or by tax/rate relief programs. Victoria and NSW, for example, provide for State funding to individual landholders subject to joint management agreements, which seek to protect designated values on privately-owned freehold land. Some, but not all, remaining Australian jurisdictions have similar legislation. Commonwealth funding may also be available to individual landholders or Landcare groups through the mechanism of regional NRM plans, approved under the National Action Plan for Salinity and Water Quality (or NAP for short).

D. Land use planning legislation needs to recognise listed rivers and estuaries, and to seek to protect the values for which such areas were listed.

D1. Land use planning legislation needs to require the consideration of listed rivers and estuaries during the development of strategic land use plans. Such plans should seek to protect the values for which such areas were listed. D2. Development assessment and approval processes need to be extended to key aspects of the water environment, such as the draining of wetlands, the construction of levee banks, the clearing of deep-rooted vegetation, and the extension of irrigated land.

E. All activities directly affecting the water cycle need to have both strategic (catchment) contexts as well as clear assessment and approval processes, either within land use or water legislation. Such legislation needs to be authorised to establish catchment-based development caps.

E1. Strategic limits on catchment developments affecting the water cycle need to be put in place through mechanisms with established stakeholder involvement paths. Catchment or NRM plans are the obvious vehicle for setting such caps, so they need to have clear statutory authority. E2. The establishment of catchment caps needs to occur within a framework which embodies five key elements (see below). E3. The links between rivers, estuaries, wetlands and aquifers need to be recognised, and where uncertainties exist, precautionary decisions, particularly with regard to the allocation of the groundwater resource, need to be taken.

Nevill (2003) has argued that cumulative effects will not be effectively controlled unless State governments set in place management processes containing four critical elements:

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  the need to establish strategic development caps on a catchment basis must be formally recognised in water resource legislation, and appropriate management procedures (with adequate community consultation) must be established to set and implement the caps;
  
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  caps must be comprehensive, covering: water extraction from both surface and groundwaters; the construction of farm dams (number and volume), agricultural drains, impediments to fish passage, and levee banks; the development of irrigated pasture; the clearance of deep-rooted vegetation, and activities (eg: stock access) capable of degrading riparian vegetation.
  
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  the caps on development must be set well ahead of the point where the catchment enters a stressed or crisis situation; and
  
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  the caps must be set in a precautionary way.
  

A fifth critical element overlooked by the above analysis relates to the identification of both catchment conservation targets and acceptable levels of change. Where monitoring reveals degradation beyond the identified acceptable level of change, catchment plans need to provide for urgent review and program re-direction²⁵².

F. Incentive programs need to recognise listed rivers and estuaries, and to seek to protect the values for which such areas were listed.

F1. The agreed template for the preparation of catchment / NRM plans should specifically require applicants to address the protection of any listed river or estuary within the area of the plan. F2. Tax and rate-relief programs should specifically require applicants to address the protection of any listed river or estuary within property under consideration.

G. Where catchment planning statutory frameworks exist (currently SA, Vic and NSW), these frameworks need to recognise listed rivers and estuaries, and to seek to protect the values for which such areas were listed.

G1. Catchment plans should identify listed rivers and estuaries, and seek to protect their values. G2. Assessment processes under the control of the catchment agency should be required to scrutinise development applications affecting listed rivers and estuaries, and in making approval decisions, authorities should be required to seek to protect listed values.

H. Pollution control legislation should recognise the existence of listed rivers and estuaries, and should seek to achieve higher ambient standards if this will help to protect listed values.

H1. Pollution control legislation may need to be extended to apply additional controls to non-point source pollution in the catchments of listed rivers and estuaries. H2. State water quality policies, where they exist, should contain provisions for the implementation of extra high objectives to protect very high conservation value waters. See the Victorian water quality policy as an example. H3. Point source pollution controls may need special provisions relating to tighter controls over exceptions (such as conditions relating to extreme events) in the catchments of listed rivers and estuaries.

I. Threatened species legislation.

I1. Threatened species legislation should have the ability to declare river reaches, or whole rivers or estuaries, as critical habitat.

All legislation affecting rivers needs to embody clear objectives and principles. The NSW Water Management Act 2000 provides a good example, containing a statement of principles relating to such important issues as: strategic catchment management, the control of cumulative effects, adaptive management to ensure achievement of objectives, and compliance auditing and enforcement.