To:Verity Klemm, Water and Rivers Commission WA

To:Verity Klemm, Water and Rivers Commission WA

PO Box 6740, Hay Street East, East Perth WA 6892.

From:Jon Nevill, Only One Planet Consulting

PO Box 106 Hampton 3188; ph 0401 350 084.

Date:27 January 2001

SUBMISSION version 2

Waterways WA: a policy for statewide management of waterways in WA.

Draft Report for Public Consultation; December 2000

1.Summary:

In my opinion, the draft policy is in many respects an excellent document. Unlike many other similar Australian policies, it explicitly (although somewhat cryptically) acknowledges the intrinsic values of waterways[1] - a significant mark in its favour. However, there are three areas where major improvement is necessary.

Firstly, the policy needs to pick up and expand the existing State policy set by the WA Wetlands Conservation Policy 1997. In this respect, the most important missing element relates to the development of representative freshwater reserves.

Secondly, the policy's statement of principles needs to be revised to (a) recognise the relevance of existing commitments to ESD principles, and (b) identify critical waterway principles.

Thirdly, the development of the policy presents an opportunity to consolidate and expand WA's program to manage fish passage issues. This opportunity should be taken.

2.Commitment to develop representative freshwater reserves:

The Australian Government, on behalf of all its States, is a party to a number of “special purpose” international conventions that require it to protect natural areas. The most directly relevant of these for freshwater ecosystems is the Convention on Wetlands – often called the Ramsar Convention – which the Australian government signed in 1971, and which came into effect in 1975.

Under the convention, parties are required to:

•nominate suitable sites as Wetlands of International Importance and to manage those sites to maintain their ecological values;

•formulate and implement land-use planning procedures to include wetland conservation considerations;

•develop national systems of wetland reserves[2]; and

•to co-operate with other nations in promoting the wise use of wetlands, where wetlands and their resources, such as migratory birds, are shared.

The definition of “wetlands” used in the Ramsar convention is of great importance, as the original definition encompassed all freshwater ecosystems, other than groundwater or karst[3] ecosystems, and, importantly, includes all flowing waterways[4]. In other words, Ramsar’s use of “wetlands” includes all rivers and streams, as opposed to the meaning more commonly attributed to the term in Australia, which excludes such water bodies. However, in order to fulfil Australia's obligations under Ramsar, programs need to be developed covering all those ecosystems which are encompassed by the full Ramsar definition.

The WA government, like other Australian State governments, endorsed the National Strategy for the Conservation of Australia's Biological Diversity 1996. Principle Eight of this strategy states:

Principle 8
Central to the conservation of Australia’s biological diversity is the establishment of a comprehensive, representative and adequate system of ecologically viable protected areas *, integrated with sympathetic management of all other areas, including agricultural and resource production systems.

* The use of the term “protected area” is derived from the international Convention on Biological Diversity, and applies equally to terrestrial, freshwater and marine ecosystems[5].

This principle, taken together with the earlier Ramsar agreement, commits all Australian State governments to the development of systems of representative freshwater reserves.

The Western Australian government published the Wetlands Conservation Policy in 1997. This is an interesting document because of its scope and structure. It is divided into two main sections, a Statement of Policy and a second section on Policy Implementation.

The Statement of Policy uses the full Ramsar definition of wetlands, and thus applies to virtually all Western Australian freshwater ecosystems - rivers, lakes, floodplain wetlands, estuaries, and underground karst environments. Given that State wetland policies are in part designed to facilitate the fulfilment of Australia's international commitments under the Ramsar Convention, I regard this approach as logical and courageous, and one that other Australian States could do well to follow.

Moreover, the Policy provides a commitment which provides the foundations for the development of a system of comprehensive, adequate and representative freshwater ecosystem reserves. Objective 2 commits the State government to the protection of “viable representatives of all major wetland types” - again, using the full Ramsar definition of wetlands.

However, the policy implementation plans - the second part of the Policy - are limited to “still” waters only. The logic for this division provides for the values of "flowing" water wetlands (ie: rivers) to be protected under the programs developed by the WA Water and Rivers Commission.

This is where the current draft policy comes in. All the commitments made in part one of the Wetlands Conservation Policy need to be echoed and expanded in the current policy. This has not been done - presumably an oversight caused by the project's work pressures. The most important aspect of this omission - highlighted above - relates to the development of representative waterway reserves.

Recommendation One:

that the issue of the development of representative waterway reserves[6] be identified as a dot-point in section 6.3 of the policy, and expanded in the equivalent section of the supporting document. Additionally, the issue needs to be identified as a joint responsibility between WRC and CALM in section 6.5 of the policy.

3.Statement of principles:

Section 6.2 of the draft policy simply lists several principles, mostly on matters of waterway detail, under three headings: economics, environmental, and social.

There is an important element missing here. The WA government has endorsed several national agreements containing sets of extremely important general principles. Principle Eight, quoted above, is one of these.

To provide an effective basis for the development of subsequent State and regional waterway strategies (which presumably should be required to work within the guidance provided by all relevant principles which the WA government has endorsed) it is vital that the Waterways Policy explicitly acknowledge the existence and relevance of both general and specific principles[7].

The two principles which spring to mind as critically relevant are Biodiversity Conservation (Principle Eight above) and the Precautionary Principle. The biodiversity principles flows through to the establishment of representative freshwater reserves, and the precautionary principle is essential for the effective management of cumulative impacts by strategic caps on development.

Recommendation Two:

I recommend that the following paragraph be inserted immediately below the existing heading for section 6.2:

The WA government is committed to ensuring sustainable development, and in this regard this policy acknowledges the State government's existing commitments to principles contained in the InterGovernmental Agreement on the Environment 1992, the National Strategy for Ecologically Sustainable Development 1992, and the National Strategy for the Conservation of Australia's Biological Diversity 1996. Of these principles, those dealing with the conservation of biodiversity, and the precautionary principle, are particularly relevant to sustainable waterway management. Additionally, the following detailed principles apply to waterway management in WA:

Principles specific to waterway management:

There is an additional problem with the four principles currently listed in section 6.2. The first three are actually action statements rather than principles[8], and these would be more appropriately included with the list of objectives under section heading 6.3 (Objectives).

There are three extremely important environmental principles missing from the existing list, and these should be inserted in place of the three mentioned above. These deal with cumulative effects, integrated ground/surface water management, and continual improvement.

Recommendation Three:

That principles W1, W2, and W3 be moved as dot points into section 6.3 (Objectives) and replaced by the following new principles:

W1Effective strategic provisions must be made to manage the cumulative effects of incremental water infrastructure developments[9].

W2The management of interlinked groundwaters and surface waters must be managed in a fully integrated way[10].

W3Continual improvement in waterway management can be achieved by the strategic planning of implementation, enforcement, compliance auditing, monitoring, reporting and review phases.

4.Fish passage:

Although Western Australia may not have fish passage problems of the same scale as those in Victoria and New South Wales, the issue does need to be addressed. The development of the policy presents an opportunity to consolidate and focus WA's programs to manage fish passage issues.

The issue is not addressed within the draft policy. This lack of attention compares unfavourably with (for example) Victoria's fishway program[11] or the New South Wales Weirs Policy[12].

The Victorian document states (p.2): "The Program will ensure that fishways are constructed at existing dams and weirs on a priority basis, and that future dams, weirs and culverts will be constructed in such a way that they do not obstruct the movement of fish." The issue of fish passage past culverts and fords is important, and can be readily addressed with simple design guidelines[13].

The goal of the NSW State Weirs Policy is "to halt and, where possible, reduce and remediate the environmental impact of weirs".

The State Weirs Policy has three components. The first relates to the approval to build a new, or expand an existing weir. The second is a review of all existing weirs (Weir Review Program). The third addresses the provision of fishways.

The policy is developed around a list of eight core principles[14]. A weirs audit has been undertaken to give effect to the second component of the policy.

Recommendation Four:

That the opportunity be taken to examine Western Australian fish passage issues, as well as the wider environmental problems of weirs. An examination of approaches used in other Australian States should be undertaken. The final policy document should either cover these issue directly, or should cross-reference a complementary policy document.

1

[1] A much clearer acknowledgment can be found in the National Strategy for the Conservation of Australia's Biological Diversity 1996, and the ACT Nature Conservation Strategy 1998. The issue is also addressed on the Only One Planet website.

[2] Bolding is my emphasis.

[3] At the sixth Ramsar Conference in Brisbane (Australia) in March 1996, “karst system wetlands” were formally recognised within the Convention’s classification system. Commonwealth of Australia 1997:29. The word “karst” means limestone formations such as caves, or underground streams.

[4] The Ramsar Convention on Wetlands of International Importance, to which Australia and 99 other nation states are signatories, defines wetlands as:

“areas of march, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres”.

This definition has been generally accepted by the Australian Commonwealth and States, with one important modification made by the Commonwealth, Victoria and New South Wales: the exclusion of permanent rivers and streams. For further discussion of the question of definition, see Commonwealth of Australia 1997:29,47.

[5] According to Article 2 of the Convention on Biological Diversity: "Protected area means a geographically defined area which is designated or regulated and managed to achieve specific conservation objectives." Article 2 also defines "Biological diversity [meaning] the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems." Read together, it is clear that protected areas, under this definition, can apply to terrestrial, marine, and inland aquatic ecosystems.

The IUCN (1994) defines protected area as "an area of land and/or sea especially designated to the protection and maintenance of biological diversity, and of natural and associated cultural resources, and managed through legal or other effective means". Given the backdrop to the IUCN's definition, there is little doubt that the intention of the IUCN's definition is to cover inland aquatic ecosystems, as is the case with the Convention on Biological Diversity.

[6] For an expanded discussion of representative freshwater reserves, see: .

[7] A fuller discussion of the importance of environmental principles can be found at the Only One Planet website: .

[8] For a discussion on the use of environmental principles, see the 'Environmental Toolbox' section of the Only One Planet website.

[9] For a more detailed discussion of the need to manage cumulative effects, refer to chapters four and nine of the 'full version' at .

[10] For a more detailed discussion of the need for integrated management of surface and interlinked groundwaters, refer to chapters four and nine of the 'full version' at

[11] Department of Natural Resources and Environment, Victoria (undated) Victoria's State Fishway Program; 4pp; DNRE, Melbourne.

[12]NSW New South Wales Government (1997) New South Wales State weirs policy. Department of Land and Water Conservation; Sydney.

[13] Refer to .

[14]The eight principles of the NSW Weirs Policy are: 1. The construction of new weirs, or enlargement of existing weirs, shall be discouraged. 2. Weirs that are no longer providing significant benefits to the owner or user shall be removed, taking into consideration the environmental impact of removal. 3. Where retained, owners shall be encouraged to undertake structural changes to weirs to reduce their environmental impact on the environment. 4. Where retained, owners of weirs with regulatory works shall prepare and adhere to operational plans to reduce the environmental impact of those weirs. 5. Where retained, gates, offtake structures and fishways on all weirs shall be maintained in good working order. 6. Wetlands and riparian vegetation adjacent to weirs should be protected from permanent inundation. 7. Areas of environmental degradation caused by the impacts of weirs upstream and downstream of weir pools, should where possible be rehabilitated. 8. A respect for the environmental impact of weirs should be encouraged in all agencies and individuals who own, manage or derive benefits from weirs.