Freshwater Protected Area Resourcbook

Appendix 15. Managing the cumulative effects of incremental development

Extract from a discussion paper by Jon Nevill available on www.onlyoneplanet.com.au.
Overview:

Managing cumulative effects is one of the most important and intractable problems facing the water resource industry today, with ramifications for a wide range of conservation issues (Pringle 2001). All Australian States have put in place statutory impact assessment procedures for assessing the likely effects of large (‘State significance’) development proposals . All States also have strategic landuse planning procedures specifically designed to control the cumulative effects of small developments, such as housing. The cumulative effects of fishing effort on fisheries resources are also specifically recognised and controlled by all State governments.

However, water developments generally ‘slip through’ such procedures, and their cumulative effects are poorly controlled in all States. Although most developments affecting water resources take place through small and medium sized projects (farm dams, levee banks, weirs etc.) the need to manage the cumulative effects of these projects is generally not specifically recognised in State water resource legislation. Moreover, in those States which have developed statutory catchment planning frameworks, these frameworks have not implemented effective mechanisms for managing cumulative effects, even though these effects are seriously degrading the catchment resource.
Under the general guidance of the Natural Resource Management Ministerial Council’s National Action Plan for Salinity and Water Quality (the NAP) and the Council of Australian Governments (CoAG) water reform agenda, regional natural resource management plans are now being developed and implemented in all Australian States. CoAG has also proposed the development of a National Water Initiative. However, without a rigorous approach to the management of cumulative effects, and without the necessary information on the value and condition of freshwater ecosystems, we argue that these approaches will fail to effectively control the degrading affects of the cumulative impacts of water resource development on aquatic ecosystems.
This paper argues that, as a matter of urgency, cumulative effects within the water resource industry must be taken much more seriously, and that controls must have five 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 procedures must be established to set and implement the caps in consultation with stakeholders;
  
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  caps must be comprehensive and inclusive, stakeholder consultation programs must establish caps 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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  adaptive management principles must be rigorously incorporated within catchment planning processes;
  
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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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  last but not least, the caps must be set in a precautionary way.
  

Plans to protect catchment ecosystems cannot be effective without adequate knowledge of the relative value and the current condition of these ecosystems. There is an urgent need to develop comprehensive State inventories of inland aquatic ecosystems, incorporating both value and condition data. Such inventories are slowly developing across Australia, but could benefit greatly by the development of a national framework attached to Commonwealth funding.
Published reference: Nevill, Jon (2003) Managing the cumulative effects of incremental development in freshwater resources.  Environmental and Planning Law Journal 20 (2) 85-94 (April 2003).

Appendix 16. Extracts from Victoria’s Heritage Rivers Act

1. Purpose

The purpose of this Act is to make provision for Victorian heritage rivers by providing for the protection of public land in particular parts of rivers and river catchment areas in Victoria which have significant nature conservation, recreation, scenic or cultural heritage attributes and to make related amendments to other Acts.

5. Heritage river areas

Each area of land described in a part of Schedule 1 is a heritage river area under the name specified in that part.

6. Natural catchment areas

Each area of land described in a part of Schedule 2 is a natural catchment area under the name specified in that part.

7. Powers and duties of managing authorities

(1) A managing authority of a heritage river area must, in so far as it is consistent with the authority's duty to manage the area responsibly

(a) take all reasonable steps to ensure that the significant nature conservation, recreation, scenic or cultural heritage attributes of the area are protected; and

(c) take all reasonable steps to ensure that that part of the river which is in the area is maintained without further interference with its free flowing state except as otherwise provided in this Act.

(2) A managing authority of a natural catchment area must, in so far as it is consistent with the authority's duty to manage the area responsibly, take all reasonable steps to ensure that the area is maintained in an essentially natural condition.
8. Management plans

(1) A managing authority of a heritage river area or natural catchment area must prepare a management plan for the area within 5 years of the area having been brought under the Act.

(5) A management plan made or adopted under this section does not take effect until it is approved by the Minister.
9. Contents of management plans

A management plan for a heritage river area or natural catchment area must state the way in which the managing authority is to undertake its duties and exercise its powers under this Act and the management plan must be consistent with the purpose of this Act, the authority's duties and powers and any Land Conservation Council recommendations in respect of which notice has been given under section 10(3) of the Land Conservation Act 1970.

10. Land and water uses which are not permitted in heritage river areas

(1) An impoundment, artificial barrier or structure that impedes the passage of water fauna must not be constructed in a heritage river area specified in Column 1 of Schedule 3 unless the Governor in Council by notice published in the Government Gazette, approves its construction in that area.

(2) There must not be a new water diversion in a heritage river area specified in Column 2 of Schedule 3 unless it is approved by the Governor in Council by notice published in the Government Gazette.

(3) Any new water diversion from a waterway upstream from the lowest point of a heritage river area specified in Column 3 of Schedule 3 must not significantly impair the nature conservation, recreation, scenic or cultural heritage attributes of the area.

(4) Sub-section (3) does not apply to a water diversion approved by the Governor in Council by notice published in the Government Gazette.

(5) Timber harvesting is not to be carried out in any heritage river area specified in Column 4 of Schedule 3.

12. Land and water uses which are not permitted in natural catchment areas

The carrying out of the following uses and activities must not be permitted or take place in a natural catchment area--

(a) the clearing of indigenous flora;

(b) the harvesting of timber;

(c) the establishment of plantations;

(d) mining;

(e) mineral exploration, except in accordance with any recommendation of the Land Conservation Council in respect of which notice has been given under section 10(3) of the Land Conservation Act 1970;

(f) extractive industries;

(g) the construction of new water storages or new water diversions;

(h) the carrying out of waterway management;

(i) the grazing of domestic animals;

(j) the making of new roads or the upgrading of existing roads;

(k) the discharging of effluent;

(l) the introduction of non-indigenous species of fauna;

(m) the stocking of the area with indigenous fauna, except for the purpose of conserving an indigenous species of fauna which would otherwise be at risk;

(n) the use of powered water craft.

17. Power to enter into agreements

(1) A managing authority may enter an agreement with any other managing authority, municipality, government department or public statutory body of Victoria, the Commonwealth or any other State or Territory of the Commonwealth with respect to the exercise of its powers under this Act.

(2) The Minister must cause notice in the prescribed form of the making of an agreement to be laid before each House of Parliament within 10 sitting days after it is made.

(3) The agreement has no effect if either House of Parliament passes a resolution declaring it be of no effect within 10 sitting days after notice of the making of the agreement is laid before the House.

(4) The Minister must publish notice of the resolution of the House in the Government Gazette.

The Victorian Heritage Rivers Act, in summary, attempts to maintain the high natural values of the designated rivers and catchments by requiring management arrangements compatible with the protection of the area's designated values in the long term and prohibiting or controlling threatening activities. The maintenance of river flow, and free flow, are key aspects to these arrangements. These provisions provide a model, which might be used in developing a national framework.