Commonwealth
New South Wales
Victoria
Queensland
Western Australia
South Australia
Tasmania
Northern Territory
Australian Capital Territory

Commonwealth

National Water Commission to examine water use by mines

The National Water Commission is to develop guidelines to deal with water issues in the environmental impact assessments of mining projects. The guidelines are to focus on groundwater and groundwater-surface water interactions that must be considered during the environmental impact assessment of mining proposals.

The National Water Commission is seeking a consultant to develop the guidelines and to carry out a national ‘risk-based assessment of key groundwater resources where there is, or could be, competing demands between mining and other users’.

The assessment will be used to prioritise regions for further detailed assessments.

The consultant must also carry out an assessment of the past or potential cumulative effects of mining on other users in four regions, including the Liverpool Plains area of northern New South Wales.

Applications for the consultancy role closed on 18 June 2008.

New South Wales

No developments for this quarter.

Victoria

Water theft incidents on the rise

A string of water theft incidents have recently been reported in Victoria.

  • An irrigator next to the Yea River was ordered to pay $35,000 (inducing costs) by a court for failing to comply with water restrictions.
  • An irrigator in Torrumbarry recently pleaded guilty to a charge of wrongful taking of water and fined more than $21,000.
  • Another irrigator in Torrumbarry pleaded guilty to a charge of interference with a water meter and wrongful taking of water. The irrigator lost access to the Pumper's Rebate for at least 10 years and was ordered to pay $30,000 (including costs).
  • A groundwater diverter near the Campaspe Deep Lead Aquifer was convicted and fined over $5,200 for interference with a water meter and wrongful taking of groundwater.

Drought, along with increasing water prices, have been blamed for rise in water theft.

Work under the Food Bowl Modernisation Project begins

Stage 1 of the Food Bowl Modernisation Project (FBMP) is now underway. There has been $100 million committed to early stage works, including the installation of approximately 1,000 automatic flume gates and water meters in public and private channels across northern Victoria. The aim of Stage 1 FBMP is to reduce approximately 225 billion litres of annual water loss due to inefficiencies such as system leakage, seepage and evaporation.

The expected water savings will be used to increase supply to local irrigators, Melbourne’s urban water users and the environment.

The immediate winner from Stage 1 of the FBMP works is the rural water supply sector. The northern Victorian economy is also expected to benefit in the longer term, with $381 million to be injected into the regional economy, creating more than 680 jobs.

Queensland

Water security through sewerage services and recycled drinking water: Water Supply (Safety and Reliability) Act 2008

The Water Supply (Safety and Reliability) Act 2008 (QLD) (WSSR Act) received assent on 21 May 2008. The purpose of the WSSR Act is to provide for the safety and reliability of water supply, primarily by providing a regulatory framework for the provision of sewerage services and recycled drinking water. Other amendments relate to regulation of referable dams and flood mitigation responsibilities.

Under the WSSR Act, a chief executive (who is appointed as the regulator) is required to keep a register of service providers that are able to review and make recommendations about standards and practices under the WSSR Act, and to monitor compliance with the WSSR Act.

Chapter 2 of the WSSR Act relates to infrastructure and services and provides for Service Provider registration, powers, liabilities and obligations as they relate to:

  • strategic asset management plans
  • system leakage management plans
  • drinking water quality management plans
  • drought management plans, and
  • outdoor water use conservation plans.

Chapter 4 provides for the regulation of referable dams and flood mitigation.

Chapter 10 amends a number of other Acts, including the Plumbing and Drainage Act 2002 (PD Act), Public Health Act 2005 and the Water Act 2000 (Water Act).

The WSSR Act amends the PD Act to regulate greywater on the basis of the capacity of greywater systems, rather than the amount of greywater generated at the facility.

The WSSR Act makes a number of amendments to the Water Act, which include:

  • establishing the South East Queensland Water (SEQ Water) market and various operational rules and processes
  • outlining the authority and powers of SEQ Water, and
  • clarifying the required content of a system operating plan and providing for the preparation of spot audit reports when a water service provider has not followed a system operating plan.

Most provisions of the WSSR Act will commence on a day to be fixed by proclamation.

Large fine for council after unregulated discharge: EPA v Logan City Council

The Logan City Council (council) was fined $40,000 after pleading guilty in the Beenleigh Magistrate’s Court on 12 May 2008. The charges were laid under the Environmental Protection Act 1994 regarding the discharge of raw sewage into the Logan River. The releases took place in two separate incidents during November and December 2004, and are said to have occurred as a result of the facility having no backup power when power was lost during severe storms.

Draft medium level water restrictions released

The Queensland Water Commission (QWC) released a draft of the residential and non-residential medium level water restrictions (draft) for public comment.

The draft, which is part of the QWC’s Drought Exit Strategy, outlines the level of restrictions that would come into place if the combined storage of SEQ’s water supplies reach 50 per cent of capacity.

SEQ waterways strategy released

The SEQ Healthy Waterways Partnership (partnership), which is comprised of Queensland Government agencies, all SEQ local councils, research organisations and a range of industry and community groups, has released South East Queensland Healthy Waterways Strategy 2007–12 (strategy).

The strategy was launched by the Queensland Minister for Sustainability, Climate Change and Innovation and the Brisbane Lord Mayor. The strategy recommends 500 actions that will be implemented by the partnership, which aim to:

  • achieve significant reductions in both urban and non-urban diffuse source pollution and point source pollution
  • protect and conserve high ecological value waterways
  • improve catchment health
  • combat coastal algal blooms, and
  • refine the Ecosystem Health Monitoring Program.

The strategy incorporates the Moreton Bay Water Quality Improvement Plan and is intended to complement the SEQ Regional Plan, the Coastal Management Plan and the Strategy for the Conservation and Management of Queensland Wetlands.

Western Australia

Minor changes to water rights: Rights in Water and Irrigation Amendment Regulations 2008

The Rights in Water and Irrigation Amendment Regulations 2008 (RIWA Regs) commenced on 5 April 2008. The RIW Amendment Regs make minor changes to the terminology of two provisions of the Rights in Water and Irrigation Regulations 2000.

Minor changes to waterways conservation: Waterways Conservation Amendment Regulations 2008

The Waterways Conservation Amendment Regulations 2008 commenced on 5 April 2008 and make minor and technical amendments to the Waterways Conservation Regulations 1981.

Sediment discharge in Canning traced

The Department of Environment and Conservation (DEC) issued an Environmental Field Notice to a company following the discovery of a major sediment discharge in the Southern and Canning Rivers on 21 May 2008. The company was also ordered to immediately stop dewatering operations it was carrying out on its earthworks in Huntingdale.

The maximum penalty for discharge of sediment into the environment is $5,000, as prescribed by the Environmental Protection (Unauthorised Discharge) Regulations 2004.

The DEC, in conjunction with the Swan River Trust and the City of Gosnells, are continuing to investigate the matter.

South Australia

Draft plan for securing Eyre Peninsula’s water supply

A draft plan to secure Eyre Peninsula's (EP’s) long-term water supply has been released for public comment (draft plan). This draft plan seeks to assess supply options for projected demand over the next 20–25 years and is the first in a series of plans designed to ‘water-proof’ South Australia. Among other things, the draft plan recommends:

  • investigating desalinisation options for the EP
  • extending the EP pipeline to Ceduna
  • improving water quality, and
  • assessing water supply options for Venus Bay and Port Kenny.

The submissions to the draft plan close on 1 August 2008.

Tasmania

New regulatory framework for water and sewerage: Water and Sewerage Industry Act 2008

The Water and Sewerage Industry Act 2008 (TAS) (WSI Act) received assent on 13 June 2008. The WSI Act establishes a regulatory framework for the water and sewerage industry. Specifically the WSI Act:

  • establishes the Water and Sewerage Economic Regulator (regulator);
  • prescribes the functions, powers and obligations of the regulator, which include:
    • making price determinations
    • regulating prices, terms and conditions of regulated services
    • administering the licensing regime
  • monitoring the performance of the Water and Sewerage Industry, and
  • providing annual reports to the minister.
  • implements an operating licensing regime
  • requires persons to hold a licence when owning or operating water and sewerage infrastructure or providing water and sewerage services
  • allows the minister to declare a regulated entity a reserve supplier, and require them to provide the provisions of regulated service to all customers within a specific area
  • requires prescribed entities to prepare annual reports in accordance with the regulator's guidelines
  • outlines the liability of regulated entities, corporations, employers and principals, and
  • prescribes the processes for customer complaints and reviewing the regulators decisions.

Council owned corporations to provide water and sewerage services: Water and Sewerage Corporation Act 2008

The Water and Sewerage Corporation Act 2008 (TAS) (WSC Act) was passed in association with the Water and Sewerage Industry Act 2008 and received assent on 13 June 2008.

The WSC Act reforms the structure of the water and sewerage industry by establishing three council owned corporations to provide water and sewerage services to particular regions within Tasmania. All of the corporations’ profits will be passed on to local councils as their owners.

The WSC Act is yet to commence.

Changes to water management: Water Legislation Amendment Bill 2008

The Water Legislation Amendment Bill 2008 (WLA Bill) was introduced into the House of Assembly on 27 May 2008. The WLA Bill proposes to make a number of amendments to the Water Management Act 1999. Among the many amendments, the WLA Bill:

  • amends various provision relating to water management plans
  • prescribes application requirements for licences
  • extends the rights of licence holders to transfer their licence of water allocations, and
  • amends provisions regulating the construction of dams, water districts, trusts and meters.

The WLA Bill also proposes to make an number of minor amendments to the Farm Water Development Act 1985, and the Irrigation Clauses Act 1973 . The Bill will repeal the Cressy-Longford Irrigation Act 1969 and the Cressy-Longford Irrigation Water Act 1972.

Northern Territory

No developments for this quarter.

Australian Capital Territory

No developments for this quarter.

More information

For more information please contact

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John Taberner
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John Ware
Partner, Brisbane
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Tony van Merwyk
Partner, Perth
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Tim Power
Partner, Melbourne
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tim.power@freehills.com
 
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