Corangamite CMA submission to the Parliamentary Inquiry into flood mitigation infrastructure in .

Introduction

As an introduction to our submission, the following comments provide background to the specific roles and responsibilities of CMAs with respect to floodplain management.

Catchment Management Authorities (CMAs) were established in Victoria in 1997. CMAs have powers under the Victorian Catchment and Land Protection Act (CaLP) 1994 and Water Act 1989 . Among many other drivers, one of the key reasons for the establishment of CMAs was to fill a ‘whole of government’ gap in relation to ‘floodplain management’. The CMAs’ powers in relation to the scope of the “Inquiry into flood mitigation infrastructure in Victoria” relate specifically to these Floodplain powers under Division 4 of Part 10 of the Victorian Water Act 1989 . Additional detail is included in the Water Act Statement of Obligations (SoO) for Catchment Management Authorities (as attached). It is important to note that many of the CMA Water Act powers are ‘enabling’ in their nature and many are subject to available funding from State (and Federal) Government (as recognised in the SoO).

A summary of the CMA’s functions in the general area of floodplain management are summarised below:

CMA Role Before Floods:

Objectives: • Minimise the potential for loss of life, risk to health and damage to property through:  Ensuring that flood risk to life, safety and property is not increased by coordinating and controlling (regulating) floodplain works and development in floodplains  Reducing flood risk through flood impact mitigation and effective flood warning systems • Ensure community preparedness for floods • Preserve the natural function of the floodplain to convey and store floodwater • Preserve and enhance the environmental values of floodplains, including flora and fauna habitats, wetlands, areas of significant landscape interest or areas having archaeological significance.

CMA Role /Accountability: 1. Development of regional floodplain management strategies, flood studies and floodplain management plans (subject to funding). 2. Floodplain statutory planning. In this area, development proposals in the floodplain are referred to CMAs from local government through Section 55 of the Planning and Environment Act 1987 . Under these Section 55 referral powers, CMAs can approve subject to conditions or object to development in the floodplain. These decisions are made in accordance with the provisions of the relevant flood overlay, which are based on the best available flood information, including historical flood information, flood studies, floodplain management plans and accompanying flood maps. The extent of the flood related overlays may require changes over time as more information or detailed survey becomes available. 3. Flood data management, by collating data of past and future flood events. 4. Asset management of approved (Part 10 Division 5 of the Water Act ) flood management structures, including decommissioning of structures where required. 5. Flood awareness and community education. 6. Works and activities aimed at maintaining river health, which in certain cases may also involve (often to a limited degree) waterway works aimed at reducing the flood risk to life safety and public property, based on priorities, level of risk and available funding.

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7. Prepare and maintain a Regional CMA Flood Response Plan that details responsibilities for the CMA and other partner agencies (i.e. local government, Victorian State Emergency Service (Vic SES), the Bureau of Meteorology (BoM) and other relevant agencies during a flood event).

It is important to note that in a number of these areas, such as the dot points under the objectives and under points 4, 5 and 6 of CMA roles/ accountabilities, the CMA would share responsibility with local government, the SES and other public authorities, particularly in urban areas – through Municipal Emergency Response – Flood Sub-plans. Point 3 is an important activity for the authority in using its expert knowledge in preparing new flood intelligence and mapping flood extents for future response to flood events by partner agencies.

CMA Role During Floods:

Objective: ••• Minimise risk and impact to life, safety and property from flood.

CMA Role/Accountability: 1. Use BoM flood warnings and flood peak predictions (via flood intelligence) to support Vic SES, in developing locally relevant and timely flood warnings for the region’s communities. 2. Collect flood data, including depth, duration and extent of events. 3. Operate CMA ‘owned’ flood management assets. 4. Provide advice regarding emergency floodplain works in conjunction with local government and Vic SES, and as appropriate support local government and Vic SES to undertake emergency works where capacity exists. These roles are included a Regional CMA Flood Response Plan, which is to be regularly reviewed and tested.

CMA Role After Floods:

Objectives ••• To reduce immediate flood risk in case of subsequent flooding ••• Lead the long term floodplain repair recovery program

CMA Role/Accountability: 1. Coordinate debris removal from waterways to reduce future flood risk, based on priorities, risk and available funding. 2. Undertake flood damage assessment of waterways and CMA assets to inform repair and recovery programs. 3. Undertake medium to long term waterway restoration to remedy issues arising from flood impacts. 4. Provide advice to Government regarding flood recovery. 5. Maintain and enhance flood information collected from flood event, sharing with local government (sub plans) and Vic SES.

It is important to note that all tasks mentioned above depend on skilled and experienced staff, resourcing and funding.

Please further note that stormwater flooding in urban areas, as compared to riverine flooding (overbank flow from a river or creek) has traditionally been the responsibility of local government.

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General Comments

The Corangamite CMA also offers the following general comments in respect to the context of the Inquiry’s Terms of Reference: 1. Identifying best practice and emerging technology for flood mitigation and monitoring infrastructure including river gauges During flood events, CMAs will assist and support the Vic SES (the Responsible Authority for flood emergency management response) with disseminating flood warnings from the BoM. In many cases, CMA staff may have local or historical knowledge and/or access to flood studies to add intelligence and improve the relevant SES warnings to local communities. With regard to flood studies and models, it should be noted that Vic SES require predictive flood modelling and flood height forecasts, which are different from CMA flood studies, which focus mainly on the extent of the 100 year Average Recurrence Interval (ARI) modelling.

1.1) It is recommended that future flood studies combine these two elements (predictive flood height modeling with flood extent modeling), where required, and that funding be sourced to meet the costs this extra component will add to flood studies.

In general, CMAs consider the rainfall predictions from BoM to be timely and reasonably accurate. Whilst the spatial distribution of rainfall, which has a significant impact on localised flooding and flood behaviour, remains a very difficult variable to accurately predict, the Bureau’s forecast capabilities in this area have significantly improved in recent years. The use of web based systems in conveying current flood information like the BoM’s rainfall and river level graphical tools is an important development in establishing trends during flood events. These tools could be improved by incorporating flood predictions for sites with the current data giving a graphical display of the future flood levels and timing. Further graphical/GIS displays could be developed to show flood progression down a catchment.

1.2) It is recommended that the Bureau be provided with adequate resources to continue its development of rainfall forecasting and spatial distribution predictions.

The quality of the Bureau’s warnings and predictions depend on the number of rainfall and stream gauging stations. These should continue to be established where population centres or other areas require flood height predictions, based on the level of damage expected to occur. This may also warrant, subject to the level of damages expected, the establishment of early warning or telemetry gauges in upper catchment areas or small catchments, such as those in the Corangamite CMA, which respond quickly to rainfall events.

1.3) It is recommended that the Bureau review its “Flood Warning Service Development Plan for Victoria (2005)”. Where appropriate, additional rainfall and river gauges should be proposed based on the underlying demand for flood height predictions and potential flood damages. The development of robust stream gauges should be actively encouraged or specified by all levels of Government, with adequate resourcing for ongoing maintenance.

Whilst structural works (levees, drainage schemes, flood retarding basins and certain head work storages operated by water corporations etc.) have a role in mitigating the effects of flooding in certain areas, they are aimed particularly at protecting legacies of past development and land use, where the opportunity for prevention through regulation (planning controls etc.) is no longer feasible or limited. This is particularly the case for towns and urban areas historically built within floodplains or land drained historically for agricultural use.

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The construction or maintenance of levees and other flood mitigation infrastructure needs to be carefully considered to ensure it does not shift the impact (and damage potential) to other areas up or downstream. This is equally important for the cumulative effect of a series of smaller structures over a larger area. For strategic flood mitigating structures, clear cost benefit principles should underpin structure planning and design. Importantly, these should be based on the latest flood modeling and studies of flood heights and extents for a range of flood events or different recurrence intervals and be developed as part of flood management plans. Management plans should consider and cost the range of alternatives to structural works, including planning controls, improved flood warning, flood awareness or where appropriate and cost effective, land buy back opportunities with willing sellers.

1.4) It is critical that land use planning controls through municipal planning schemes be recognised and retained as the most cost effective non-structural flood mitigation measure to prevent loss of life, risk to health and damage to property as result of flooding. The floodplain planning and referral role provided by CMAs under Section 55 of the Planning and Environment Act 1987 , remains an important and cost effective means of preventing inappropriate development in floodplains. Critical to the delivery of planning controls as a preventative non-structural flood mitigation measure, is the technical floodplain management expertise that CMAs can provide, based on the use of the best flood information available and associated risk management principles. 1.5) The CMA’s continuing planning and referral role be supported, and that any change to these arrangements should not weaken the preventative role that planning has and can continue to play in mitigating the risk of floods to life, safety and property. Where cost effective, strategic flood mitigating structures should be constructed and maintained to best management practice, such as technical guidelines for the design, construction and maintenance of levees across Victoria (NRE 2002). 1.6) Any new structural flood mitigation works need to be constructed and maintained to appropriate design standards to accommodate the design flood that does not create restrictions that would worsen the impact of the flood. In the case of private flood mitigating structures, such as private rural levees, where there is no expected impact on wider flood risk or environmental values, it is important that these levees are located on private land (the land the levee is trying to protect) rather than Crown river frontage or riparian land. It is important to recognise that floodplains are a natural part of the landscape and fulfill an important ecological function as well as a means of flood conveyance and storage in major floods. Significant investments have been made in restoring floodplain ecology and waterways impacted by past river regulation and flood mitigation works. It is therefore critical that future floodplain mitigation works do not further compromise floodplain ecological values or the important natural functions floodplains provide. 1.7) Any future structural flood mitigation works need to avoid impacts that would be detrimental to waterway health, floodplain ecology or to wider floodplain storage and conveyance.

2. The management of levees across Victoria, including ownership, responsibility and maintenance on both public and private land

The identification, ownership, operating and maintenance responsibilities for many flood management structures continues to remain uncertain, and requires urgent clarification and agreed sustainable funding models.

In the case of historic urban areas and townships located in floodplains, local governments generally own and maintain protective flood levees. These are generally strategic in nature

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and should be approved through the Water Act 1989 with a public authority, generally the relevant local government, responsible for ongoing maintenance.

As detailed above, given the upfront and ongoing costs involved, planning for such works should be subject to detailed cost benefit analysis that considers the full range of alternatives to structural mitigation.

Funding for such levee construction and maintenance is generally borne by rate payers or in some cases, via access to state or federal government grants. Over the last decade, however, access to government funding has been limited for flood mitigation works.

In the case of rural levees, ownership and maintenance remains ambiguous and requires urgent government clarification and policy.

In the majority of cases rural levees are not constructed to flood design standards (i.e. are generally pushed up by landholders after flood events), are not maintained and remain in poor condition. In such cases, many of these levees cannot be relied upon and may fail during future flood events.

In-principle the beneficiaries of the rural levees should pay, whether private levees protecting an individual land holder or larger flood protection systems protecting multiple beneficiaries. Again, for larger mitigation systems, planning for such works should be subject to detailed cost benefit analysis that considers the full range of alternatives to structural mitigation.

The following should also be resolved for levees: • legal ownership of the levee • maintenance responsibility and/or cost recovery • standards for construction or maintenance - refer technical guidelines (NRE 2002) • liability for damage due to failure • liability due to interference with the natural flow of water (section 16 of the Water Act ) • the development of a complaints process for landowners who are disadvantaged by such works or schemes, such as through the Victorian Civil and Administrative Tribunal (VCAT).

2.1) Planning for large strategic flood protection of urban areas or rural areas with multiple beneficiaries, should be subject to detailed cost benefit analysis that considers the full range of alternatives to structural mitigation.

2.2) Government should identify and clarify the legal frameworks and responsibility for ownership and maintenance of all flood mitigating structures. A decision also has to be made on how to fund maintenance costs (either through government funding or local contributions from beneficiaries).

The same comments apply equally to other flood mitigation structures, such as rural drainage schemes. In-principle, the beneficiaries of rural drainage schemes should pay, whether private drains protecting an individual land holder or larger schemes protecting multiple beneficiaries. As with levees, the following should also be resolved for rural drainage works: • legal ownership of the drainage works or scheme • maintenance responsibility and/or cost recovery • standards for construction or installation • liability for damage due to failure • liability due to interference with the natural flow of water (section 16 of the Water Act ) • the development of a complaints process for landowners who are disadvantaged by such works or schemes, such as through VCAT.

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2.3) Government should identify and clarify the legal framework, policy and responsibility for management of rural drainage.

3. Waterways management, including the nature and extent of vegetation clearing activities within waterways and their general maintenance

With regard to the waterway management functions of CMAs, a community expectation in certain areas can be vegetation and debris removal from public and private properties. In certain cases CMAs may remove in-stream debris, exotic vegetation and blockages, particularly where they pose a high risk to public assets or to waterway values, such as willow or other weed removal in priority river reaches. Where stream vegetation or debris is not posing a high risk to public assets or to waterway values, but presents a flooding risk to private assets or property, then the responsibility rests with the asset or land owner affected. In-stream debris and native vegetation, however, is an important and natural component of waterway ecosystem health, providing both habitat and a source of food. Accordingly, risks to habitat and other biodiversity values need to be adequately assessed, and relevant statutory approvals obtained prior to any debris or vegetation removal. It should be noted that removing vegetation from channels can speed up flood flows, and can dramatically increase erosion and channel instability. Inversely retaining vegetation can attenuate and reduce flood peaks. Often other hydraulic controls rather than vegetation may impact on flooding, such as bridges and culverts. The focus of vegetation clearing works by CMAs for river restoration is exotic species such as willows, poplars, ash and other weed species within priority reaches indentified through regional River Health Strategies. The Corangamite CMA actively discourages the removal of native vegetation, which is critical to waterway health and in steam biodiversity values.

Within private property where debris or vegetation presents a flooding risk to private assets or property, debris or vegetation removal is the responsibility of the land owner, and will require a works on waterways permit in conjunction with other statutory approvals. Debris removal and repair or replacement of public crossings is also dealt with by local government or Vicroads for public roads. Private crossings on rivers and floodplains, however, are the responsibility of the structure’s owner.

Landowners should be made aware that some recovery works like reinstatement of levees require a planning permit, and re-instatement of bridges or culverts require a planning permit and a works on waterways permit under the CMA’s waterway protection by-law. Vegetation removal will also require a works on waterways permit under the CMA’s waterway protection by-law, and in the case of native vegetation, will require approval under the native vegetation framework under Clause 52.17 of the relevant planning scheme. Approval may also be required through the Commonwealth Environment Protection Biodiversity Conservation Act 1999 or the Victorian Flora and Fauna Guarantee Act 1988 . Cultural Heritage legislation also needs to be considered. Any vegetation removal, exotic or otherwise, must be undertaken in a manner that will avoid downstream impacts on public or private assets. In the example of willow removal, this means debris should be stockpiled outside of areas subject to frequent inundation and disposed of appropriately.

3.1) The Department of Sustainability and Environment, local government and CMAs should develop fact sheets outlining the responsibilities of landowners and public authorities with respect to debris removal and vegetation clearing, the approvals that are required, and the important role that in stream vegetation and stream debris can play in attenuating flood peaks, providing habitat and maintaining waterway health .

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4. Identifying those entities and individuals having ownership of waterways and the responsibility for their clearing and their maintenance; and the extent to which, if any, local knowledge of residents is employed in effecting waterway clearing and maintenance.

The responsibility for waterway maintenance is complicated and often involves the underlying land manager (such as private landholders, local government if a Committee of Management, Parks Victoria or DSE for Crown land, or a Land Act licensee). Whilst responsibility rests with the underlying land manager, clearing activity is regulated by the CMA through the CMA’s waterway protection by-law or in the case of native vegetation, will require approval under the native vegetation framework under Clause 52.17 of the relevant planning scheme. In some cases, dependent on the biodiversity values present, approval may also be required through the Commonwealth Environment Protection Biodiversity Conservation Act 1999 or the Victorian Flora and Fauna Guarantee Act 1988 . Cultural Heritage legislation also needs to be considered.

CMAs in general, except in a small number of cases, such as the Barwon through , are not land managers for waterways, but provide a range of waterway management functions as the regional caretakers of river health.

Under section 189 of the Water Act 1989 , these enabling functions include among others the development and implementation of plans and programs; and the carrying out of works and activities to improve the environmental values and health of water ecosystems, including their biodiversity, ecological functions, quality of water and other uses that depend on environmental condition. The attached CMA Water Act Statement of Obligations provides more information on the specific roles and enabling functions of CMAs with respect to waterway management.

Accordingly, CMAs carry out stream protection and restoration works (including willow removal) in priority reaches in partnership with landholders, community groups and other public authorities (e.g. water corporations and local government) based on priorities for protection of stream health indentified in government approved regional River Health Strategies. Funding is provided to CMAs to carry out this work through annual funding provided through the Victorian Investment Framework.

Notwithstanding the above, CMAs can also play an important strategic planning role in indentifying risks to public assets as a result of in stream debris or vegetation and work in conjunction with local government and other relevant stakeholders to assist in the planning and management of the associated flood risk.

4.1) As per the last recommendation, the Department of Sustainability and Environment, local government and CMAs should develop fact sheets outlining the responsibilities of landowners and public authorities with respect to debris removal and vegetation clearing, the approvals that are required, and the important role that in stream vegetation and stream debris can play in attenuating flood peaks, providing habitat and maintaining waterway health .

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Regional Comments

The following provides information relevant to the role of the Corangamite CMA with respect to the recent flood events and floodplain and waterway management more generally, within the context of the Inquiry’s Terms of Reference. Flood Impact During 2010/11, the Corangamite CMA region received a number of flood events as detailed below: 1. Two flood events occurred with wide spread rainfall over the Corangamite CMA region in August and early September 2010. The August floods, in particular, caused wide spread flooding in Gellibrand and Curdies Catchments. Flood frequency estimates were: • Curdies @ Curdies peak flow 465 m 3/s (60-80 year Average Recurrence Interval (ARI)). • Gellibrand @ Burrupa peak flow 370 m 3/s (80-100 year ARI). Damage involved lost/damaged crossings, minor damage to fishways and erosion control works, damaged riparian fencing, damaged offstream water infrastructure, and damage to young riparian plantings. 2. Two flood events also occurred with wide spread rainfall over the Corangamite CMA region in January and early February 2011. The January floods, in particular, caused major, moderate and minor flooding in parts of the Woady Yaloak, Leigh, Barwon and Moorabool Rivers. The flood frequency estimates were: • @ Inverleigh peak flow 26,000 ML/day (50 year ARI). • Barwon River @ Pollocksford Bridge peak flow 30,000ML/day (8 year ARI). Damage involved clean up associated with significant inundation along the CMA's Barwon River through Geelong, as well as debris removal and damaged riparian fencing. Whilst the damage and impact was not of the scale of CMA regions to west and north, there was still notable damage and associated clean up and recovery costs involved, which was duly reported to the State Government. Due to the scale of damage experienced, the Corangamite CMA has been able to meet most of these damage costs using existing waterway management funds, and through a $50,000 grant received from the Australian Government’s NRM Recovery Funding. It is understood that landholders and local government have also been able to access funding for works on damaged crossings and fencing through the Rural Finance Corporation and the State Government. Whilst overall, the funding response from government has been significant, the processes and criteria for CMAs accessing funding could be simplified and better clarified. This includes access to funding for flood damage in small catchments impacted by localised, but major flooding, such as occurred in August 2010 in the Otways. Corangamite CMA Role The Corangamite CMA played a key role in these events, consistent with the responsibilities listed under the general comments above, and was active during the January 2011 flood event, providing flood peak predictions and other flood intelligence to support Vic SES at the Incident Control Centre based in Geelong. The CMA has also assisted with waterway related clean up in conjunction/consultation with local government, including the removal of about 3000 tyres from Eclipse Creek and crop debris from Naringhal Creek, which were both undertaken as a partnership with local government. Dozens of inquiries were received by community members in relation to the floods and were responded to by CMA river health extension staff, generally with a site visit. A handful of these remain current with further assessment and action as required and as conditions allow. CMA staff also inspected in-stream erosion control structures and fishways to assess flood damage. Fortunately, only two structures needed repair. The low level of damages, given the size of the floods, indicates the importance of undertaking stability works in preparation

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of flood events. For example, it is almost certain that the installation of two large rock chutes on Scotts Creek in the Curdies catchment, completed the previous year, will have prevented many tonnes of sediment erosion and transport to the highly-valued Curdies estuary. The Corangamite CMA has had a decade long history of removing willows from priority river reaches. In carrying out these activities, the CMA has employed appropriate best management practice to minimise bank disturbance and erosion and to avoid downstream impacts on public or private assets. This has involved retention of stumps and native woody debris and the appropriate disposal of willow debris, generally through stockpiling at low risk locations and then burning as soon as conditions allow. Grass seeding is also used to minimise the length of time cleared banks are exposed. The Corangamite CMA region is also fortunate to have an active flood warning system in place for the Barwon Basin, the largest river basin in the Corangamite CMA region, which the Corangamite CMA coordinates on behalf of a partnership (MOU) comprised of the Corangamite CMA and the four relevant local governments, , City of Greater Geelong, Golden Plains Shire and Colac Otway Shire. This flood warning system, which comprises a number of key flood warning gauges, is funded through the participating agencies and administered by the Corangamite CMA. This network was established following a large flood event on the Barwon River in November 1995. Funding for the telemetry station upgrades came from Federal and State grants. The current maintenance cost for the network (upgraded equipment only) is $23,000 per year paid by the partners. The Corangamite CMA also maintains regular contact with the Municipal Emergency Response Officers of local government responsible for the development, maintenance and update of their Municipal Emergency Response – Flood Sub-plans. These examples provide models of a cooperative flood warning and response approach that could be adopted more widely across Victoria. The Corangamite CMA would welcome the opportunity to provide more details to the inquiry on the workings of these approaches. The Corangamite CMA will continue work with local government and the Bureau of Meteorology to review the need for additional rainfall and river gauges in the Barwon Basin and other catchments based on flood risk and potential flood damages, and would welcome additional resourcing in this area for installation and ongoing maintenance. Estuary Management Many estuaries in Victoria close intermittently, following the formation and build up of a sand bar at the mouth of an estuary. This closure, which usually follows a period of low inflow can lead to increased frequency, depth and extent of inundation in the estuary. Where private or public assets are at risk of inundation and water quality parameters are appropriate, estuaries can be opened artificially to relieve inundation. An increasing flood mechanism is evolving with high seas forming higher sand bars and with wave run up overtopping these sand bars causing salt water flooding on the land side. The Corangamite CMA sees this flooding mechanism increasing with time in association with predicted sea level rise resulting in frequent artificial estuary openings to occur. Estuaries are high productive ecosystems, providing important nursery and spawning grounds for fish and breeding and foraging areas for birds. There are significant risks to estuary water quality and ecological values from artificially opening an estuary when conditions are not appropriate, an example being a major fish death event on the in 2005. Openings are regulated by CMAs and DSE, who are responsible for issuing Works on Waterways permits and Coastal Management Act consent to open estuaries respectively. Decisions on whether to open an estuary are informed by an Estuary Entrance Management Support System (EEMSS), which has been developed by the coastal CMAs and DSE to capture the full suite of social, economic and environmental values present and the associated risks of an opening decision. The future policy and role for regulating and managing openings by CMAs and other agencies is being developed through estuary management chapter of the Victorian Strategy for Healthy Rivers Estuaries and Wetlands (VSHREW).

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This Statement of Obligations was issued by the Minister for Water to the following Catchment Management Authorities on 19 October 2006.

1. Corangamite Catchment Management Authority;

2. Catchment Management Authority;

3. Glenelg-Hopkins Catchment Management Authority;

4. Mallee Catchment Management Authority;

5. North Central Catchment Management Authority;

6. North East Catchment Management Authority;

7. Goulburn Broken Catchment Management Authority;

8. Wimmera Catchment Management Authority;

9. Catchment Management Authority ;

Water Act 1989

STATEMENT OF OBLIGATIONS

CATCHMENT MANAGEMENT AUTHORITY

October 2006

STATEMENT OF OBLIGATIONS

INTRODUCTION This Statement of Obligation (‘Statement’) is issued under the provisions of the Water Act 1989 and relates to existing function, responsibilities and powers of CMAs under the Water Act as well as associated government policy. It includes new responsibilities for the management of the environmental water reserve. It has been developed to:

• Clarify the manner in which CMA activities should be undertaken and the level to which CMA activities should be performed, by specifying obligations which relate to the performance of broad legislative functions and policy responsibilities; Specify which obligations are mandatory in the operation of a CMA and which obligations must be performed to the extent that funding is provided; and • Reflect an integrated and sustainable approach to the management of river health.

This Statement does not derogate from current legislation.

Changes are proposed to the CALP Act 1994 which will enable the issue of a Statement under that Act. Following that a revised integrated version of the Statement that will include responsibilities under both the CALP Act and the Water Act will be issued.

The Statement will be reviewed in 12 months after the initial release of the integrated Statement, after which it will be reviewed on an ‘as needs’ basis.

1 STATEMENT OF OBLIGATIONS

INDEX

PART 1 PRELIMINARY

1 Commencement and Term 2 Authorising Provision 3 Purpose 4 Interpretation 5 Performance of Activities 6 Availability of Statement

PART 2 GENERAL 7 Guiding Principles 8 Ministerial Requests

PART 3 GOVERNANCE 9 Authority Operations 10 Corporate Plans 11 Annual Reporting 12 Performance Monitoring 13 Management of Authority Funds 14 Managing Risks 15 Managing Assets

PART 4 COMMUNITY ENGAGEMENT 16 General 17 Communication Advice to Minister

PART 5 INTEGRATED REGIONAL PLANNING AND COORDINATION 18 Regional Catchment Strategy 19 Regional Catchment Investment Process 20 Local Government Planning

2 STATEMENT OF OBLIGATIONS

PART 6 CARETAKER OF RIVER HEALTH 21 Regional River Health Strategy 22 River Health Action Plans 23 River Health Work Programs 24 Approvals, Referrals and Advice 25 Heritage River Areas 26 Management of the Environmental Water Reserve 27 Water Allocation Process 28 Floodplain Management 29 Management of Rural Drainage 30 Monitoring and Reporting on River Health 31 Responding to Natural Disasters, Incidents and Emergencies 32 Community Participation and Awareness

PART 7 INNOVATION AND KNOWLEDGE SHARING 33 Innovation and Knowledge Sharing

PART 8 COMPLIANCE 34 General Compliance 35 Other Audits and Reviews

3 STATEMENT OF OBLIGATIONS

PART 1 – PRELIMINARY 1 Commencement and Term 1.1 This Statement of Obligations commences on 19 October 2006 and operates until it is revoked. 2 Authorising Provision 2.1 Parts 3 to 7 of this Statement of Obligations are issued by the Minister for Water under section 186A of the Water Act 1989 .

3 Purpose

3.1 The purpose of this Statement is to impose obligations on the Authority in relation to the performance of its functions and exercise of its powers under the Water Act 1989.

4 Definitions of Terms and Interpretation 4.1 The definitions of the terms contained in Schedule A of this Statement apply in this Statement. 4.2 The following rules also apply in interpreting this Statement, except where the content makes it clear that a rule is not intended to apply. (a) Terms defined in the Water Act 1989 and the Catchment and Land Protection Act 1994 have the same meaning in this Statement. (b) Whenever this Statement requires the Authority to make something "available to the public", the Authority must: (i) publish that thing on the Authority's website; (ii) make a copy of the thing available for inspection at each of the Authority's offices; (iii) provide a copy on request and, at the discretion of the Authority, for a charge that covers the fair and reasonable costs of making the copy available. (c) Whenever this Statement requires an Authority to "develop" something, the Authority must be taken to have complied with that obligation if it has already developed the thing before this Statement commenced.

5 Performance of Activities Activities undertaken in accordance with this Statement shall be performed as follows:

a) Activities outlined in Parts 3, 4, 8 and clauses 6, 8, 20, 24.1, 24.2, 24.3, 24.5, 26, 27, 28.3, 28.4, 28.6, 29.2 and 31.4 (indicated with an #) shall be performed to the level outlined in this Statement and will be funded annually out of corporate allocations and statutory allocations (including funds for environmental water reserve management).

b) All other Activities in the Statement shall be performed to the level outlined in the current Service Level Agreement and any contract or agreement between the Department and the Authority relating to the funding of an activity .

6 Availability of Statement 6.1 The Authority shall make this Statement available to the public. #

4 STATEMENT OF OBLIGATIONS

PART 2- GENERAL 7 Guiding Principles 7.1 In performing its functions and providing its services an Authority shall: (a) Facilitate and coordinate the management of catchments in an integrated and sustainable manner; (b) Take a sustainable approach by balancing environmental, social and economic considerations; (c) Plan and make decisions within an integrated catchment management context: • recognising the integral relationship between rivers, their catchments and coastal systems; • using the best available scientific information; • targeting resources to address priorities and deliver maximum improvement in resource condition; (d) Provide opportunities for community engagement in the integrated management of catchments including rivers and related water and land ecosystems; (e) Develop strategic partnerships with other relevant authorities and government agencies; (f) Promote and apply a risk management approach for natural assets which seeks to preserve the quality of the natural assets; (g) Promote and adopt an adaptive approach to integrated catchment management, including continuous review, innovation and improvement; (h) Manage business operations in a prudent, efficient and responsible manner; (i) Act as the caretaker of river health and provide regional leadership on issues relating to river health; and (j) Undertake the operational management of the Environmental Water Reserve as a key component of an integrated program of river, wetland, floodplain and aquifer restoration.

8 Ministerial Requests 8.1 The Authority shall respond to Ministerial requests for information on matters related to CMA business in a timely manner. # PART 3 – GOVERNANCE 9 Authority Operations 9.1 The Authority shall operate within the requirements of the Governance Guidelines for the Department’s statutory authorities. #

9.2 The Authority shall review its performance periodically and provide a report to the Department as directed by the Secretary. # 10 Corporate Plans 10.1 The Authority shall develop and implement a Corporate Plan in accordance with relevant legislative and subordinate instruments and any guidelines issued by the Ministers. # 11 Annual Reporting 11.1 The Authority shall develop an Annual Report detailing the Authority’s activities and financial position in accordance with any relevant legislative and subordinate instruments and any # Government guidelines.

5 STATEMENT OF OBLIGATIONS

12 Performance Monitoring 12.1 The Authority shall ensure that appropriate and effective processes and systems are in place to monitor its financial, social and environmental performance. # 13 Management of Authority Funds 13.1 The Authority shall manage the relevant investment of Government funds in the region’s natural resource management program in the manner outlined in its Service Level Agreement, the # Financial Management Compliance Framework and all relevant legislative and sub-ordinate instruments. 13.2 The Authority shall manage its business operations in compliance with the Financial Management Compliance Framework and all relevant legislative and sub-ordinate instruments. #

13.3 The Authority shall administer community grants on behalf of the Minister for Water to assist in the implementation of the Regional River Health Strategies, sustainable water management, # flood and drainage programs in accordance with all relevant legislative and subordinate instruments and any guidelines issued by the Secretary. 14 Managing Risks 14.1 The Authority shall develop risk management systems and processes to effectively manage strategic, operational and financial risks in accordance with the Financial Management # Compliance Framework, all relevant legislative and sub-ordinate instruments and industry standards.

15 Managing Assets 15.1 The Authority shall develop and maintain a comprehensive register of all relevant assets in accordance with the Financial Management Compliance Framework and all relevant legislative # and sub-ordinate instruments. 15.2 The Authority shall develop and implement systems to manage and maintain its assets and supply its services in a sustainable manner. # PART 4 – COMMUNITY ENGAGEMENT 16 General 16.1 The Authority shall develop, maintain and enhance strategic partnerships with regional service deliverers for implementation of Regional River Health Strategies, floodplain and drainage # programs.

16.2 The Authority shall establish and maintain community engagement committees on an ongoing basis to: # a) Provide advice to the Authority on the development and implementation of the Regional River Health Strategies, floodplain and drainage programs; and b) Act as a communication link with relevant stakeholder groups and the community.

16.3 The Authority shall make available to the public: # a) Information about the catchment and waterway management services and b) relevant educational material

17 Communication Advice to Minister 17.1 The Authority shall advise the Minister for Water of appropriate opportunities to communicate issues and outcomes relating to catchment management, river health and the environmental # water reserve.

6 STATEMENT OF OBLIGATIONS

PART 5 – INTEGRATED REGIONAL PLANNING AND COORDINATION 18 Regional Catchment Strategy (RCS) 18.1 The Authority shall provide input on regional river health, floodplain and regional drainage priorities and programs to the development of the RCS.

19 Regional Catchment Investment Process (RCIP) 19.1 The Authority shall include the planning works programs for regional river health, floodplain and regional drainage programs in the submission of the annual RCIP and other relevant funding

processes to the Department.

20 Local Government Planning 20.1 The Authority shall participate in the periodic review, continuous improvement and implementation of municipal planning schemes and in particular: # a) any Local Planning Policy Framework; and b) any Municipal Strategic Statement; which may affect, or be affected by, the Authority’s area, responsibilities or activities. A principal objective of the Authority’s participation will be to promote consistency of any strategy or scheme with its planning and programs for the implementation of regional river health, floodplain and regional drainage programs. PART 6 –CARETAKER OF RIVER HEALTH 21 Regional River Health Strategy 21.1 The Authority shall develop a Regional River Health Strategy according to guidelines issued by the Secretary. 22 River Health Action Plans 22.1 For priority areas identified in the Regional River Health Strategy, the Authority shall, in consultation with relevant stakeholders and the community, develop and coordinate the implementation of, relevant action plans, in accordance with guidelines issued by the Secretary, which may include: a) water quality management action plans; and b) waterway management action plans. 23 River Health Work Programs 23.1 The Authority shall develop and implement on-ground river restoration works programs to implement the priorities of the Regional River Health Strategy and related river health action plans. 23.2 The Authority shall include the works programs outlined in 23.1 in the submission of the annual RCIP to the Department. 23.3 The Authority shall manage the part of the Barwon River in Geelong and surrounding land vested in the Authority for which the Authority has been appointed to manage, by the Minister administering the Water Act 1989 , in accordance with the relevant Order.1

23.4 The Authority shall consult with the Department’s public land mangers in development of any plans, programs or schemes which are on a Crown frontage.

1This will only apply to Corangamite Catchment Management Authority and reflects the provision in the Ministerial Order dated 25 June 1999 .

7 STATEMENT OF OBLIGATIONS

24 Approvals, Referrals and Advice 24.1 The Authority shall authorise works on waterways and exercise enforcement powers in accordance with the CMA Waterways Protection By-law. # The Authority shall act as a referral body for any: 24.2 - application for a licence to construct works; and - application for a licence to take and use water; # referred to it by the Minister for Water in respect of a dam in accordance with relevant legislation. 24.3 The Authority shall provide advice on planning referrals which relate to waterway, water quality and any other river health issues when requested by local government. # 24.4 The Authority shall advise the Department on conditions for licences in respect of Crown frontages.

24.5 The Authority shall provide advice to rural and urban water authorities local government and State Government agencies on aspects of their business, or matters which they are handling, which # impact on river health. 25 Heritage River Areas 25.1 The Authority shall incorporate the requirements relating to Heritage River Areas into the development and implementation of Regional River Health Strategies. 26 Management of the Environmental Water Reserve (EWR) 26.1 The Authority shall integrate the management of the EWR into the development of the Regional River Health Strategy, action plans and integrated river works programs. # 26.2 In all its river health planning and works programs, the Authority shall aim to: a) achieve the most effective use of the EWR; # b) achieve the greatest level of environmental benefits practicable; and c) minimise, as far as possible, any adverse impacts on water users.

26.3 The Authority shall liaise with:

# a) the storage operator to negotiate the most effective release pattern for the EWR, and access to its distribution system, in regulated systems including during drought; and b) surface water and groundwater licensing authorities to negotiate the most effective surface water and groundwater extraction regime.

26.4 Where the EWR includes an environmental entitlement and the Authority is appointed as the environmental manager of the environmental entitlement by the Minister for Environment, the # Authority shall: a) Develop a multi-year Environmental Operating Strategy for the environmental entitlement according to guidelines developed by the Secretary; b) Seek endorsement from both the Minister for Water and Minister for Environment for the Environmental Operating Strategy; c) Develop and implement an Annual Watering Plan in line with the Environmental Operating Strategy; d) Seek endorsement from both the Minister for Water and Minister for Environment for the Annual Watering Plan; e) Work with the storage operator and where relevant, the Department’s regional officers and land managers to ensure provision of water and management of relevant structures according to the Annual Watering Plan; f) Manage any costs associated with the management and delivery of the EWR; g) Provide advice to the Minister of Environment through the Secretary on any temporary trade of the EWR.

8 STATEMENT OF OBLIGATIONS

26.5 The Authority shall advise the Department annually on the distribution and headworks costs associated with managing the EWR. # 26.6 The Authority shall report annually to the Secretary on the consistency of the management of the EWR with the requirements of the State Water Accounts. #

26.7 The Authority shall receive approval from the Secretary where the Authority, whether acting in its own capacity or as a delegate of the Minister for Environment, intends to: # • purchase a water share • transfer ownership of a water share • assign a limited-term transfer of a water share • assign a water allocation under a water share or an environmental entitlement

26.8 Any water shares that the Authority purchases shall be included in, and managed in accordance with, the Annual Watering Plan. # 26.9 The Authority shall liaise with the storage operator to maximise benefits to the EWR resulting from the timing, volume and location of the release of water in the consumptive entitlements. # 27 Water Allocation Processes 27.1 The Authority shall provide input into the development of Sustainable Water Strategies on: • Requirements and priorities for enhancing the EWR in high priority river and wetland systems # and groundwater dependent ecosystems; • River health and water quality issues; • Potential large-scale land use changes in catchments; and • Opportunities and implications for regional development.

27.2 The Authority shall input into the development of streamflow management plans and groundwater management plans from a river health perspective and coordinate their implementation. # 27.3 The Authority shall provide input to bulk entitlements, groundwater management plans, water savings projects, irrigation reconfiguration plan and any other water allocation processes from a # river health perspective.

27.4 The Authority shall prepare regionally specific irrigation development guidelines which are consistent with the Statewide Irrigation Development Guidelines for approval by the Minister for # Water.

27.5 The Authority shall advise the Minister for Water on conditions and objectives for water-use licences in accordance with relevant legislation, where requested by the Minister for Water. # 27.6 The Authority shall report on the implementation of management plans for Water Supply Protection Areas, including groundwater and stream flow management plans in the annual report. # 28 Floodplain Management 28.1 The Authority shall develop and coordinate the implementation of regional plans for floodplain management.

28.2 For priority areas in the regional floodplain plan, the Authority shall: • Undertake flood studies, develop floodplain management action plans and implement floodplain management works; and • Report to the Department on the progress of these activities in accordance with relevant funding agreements.

9 STATEMENT OF OBLIGATIONS

28.3 The Authority shall provide advice about flooding and controls on planning scheme amendments, and planning and building approvals to local councils in its capacity as a referral body in # accordance with relevant legislation. 28.4 The Authority shall declare the flood level where a flood study has been carried out and an appropriate flood level determined.

28.5 The Authority shall coordinate the collection of appropriate flood data following a significant flood event and make it available to the public. # 28.6 The Authority shall participate and provide technical assistance and support for studies, plans and works undertaken by local government and other authorities to ensure that best practice outcomes are achieved.

28.7 The Authority shall assist local government in developing and maintaining their flood sub-plans under the Municipal Emergency Management Plans where appropriate. 29 Management of Regional Drainage 29.1 The Authority shall develop and coordinate the implementation of a regional plan for drainage management including establishing the roles of implementing authorities.

29.2 The Authority shall implement, operate and protect the regional drainage schemes and works which the Authority has been appointed to assume responsibility for by an Order made under s.98 # Water Act 1989, in accordance with that Order.

30 Monitoring and Reporting on River Health 30.1 The Authority shall report to the Minister for Water on the implementation of Regional River Health Strategies, related action plans and resource condition in accordance with the Service Level Agreement and any guidelines issued by the Secretary.

30.2 The Authority shall benchmark and report to the Secretary on river condition in accordance with guidelines issued by the Secretary.

30.3 The Authority shall participate in the Regional Water Resource Monitoring Partnership and implement their role as outlined in the regional Water Monitoring Project Co-operative Arrangement.

31 Responding To Natural Disasters, Incidents And Emergencies 31.1 The Authority shall develop, maintain and implement a Flood Response Action Plan and review it annually.

31.2 The Authority shall develop and implement river related restoration works programs following natural disasters such as bushfires or floods. 31.3 The Authority shall participate in the development of regional blue-green algal blooms contingency plans.

31.4 The Authority shall liase with local government and state emergency services on flooding and emergency management issues. # 32 Community Participation and Awareness 32.1 The Authority shall undertake programs to encourage community engagement and participation in: (a) river health programs; (b) the management of the EWR; and (c) the monitoring of river health.

10 STATEMENT OF OBLIGATIONS

32.2 The Authority shall develop and implement community education programs on river health and the management of the EWR. 32.3 The Authority shall promote community awareness of flood risks. 32.4 The Authority shall develop, implement and maintain strategic partnerships with rural and urban water authorities for the implementation of the Regional River Health Strategy. PART 7 – INNOVATION AND KNOWLEDGE SHARING

33.1 The Authority shall: a) identify the Authority’s research and capability needs; b) support investment in research and capability building, where doing so would improve the implementation of the RCS and its sub strategies; c) participate in processes or projects aimed at generating and sharing knowledge on integrated catchment management including river health, management of the EWR, flooding and drainage; and d) participate in the setting of statewide priorities

PART 8 – COMPLIANCE 34 General Compliance

34.1 The Authority shall monitor compliance with its obligations under Parts 3 to 7 inclusive of this Statement. #

34.2 If the Authority becomes aware of a material failure to comply with: a) an obligation under Parts 3 to 7 of this Statement; or # b) a requirement of the Service Level Agreement and any contract or agreement between the Department and Authority to which this Statement relates; the Authority shall give the Minister for Water a written report, within 30 days of becoming aware of the failure, that includes: (a) the nature of and reason for the failure; and

(b) a proposed plan of action to prevent the failure re-occurring.

34.3 The Authority shall make any variation to the plan of action referred to in sub-clause 34.2 as requested in writing by the Minister for Water. #

34.4 The Authority shall:

# (a) implement the plan of action referred to in sub-clause 34.2, as varied by the Minister for Water; and (b) report its progress in implementing the plan, whenever the Minister for Water requests in writing; and (c) summarise the contents of any report made under sub-clause 34.2 and its progress in implementing the plan in its annual report.

35 Other Audits and Reviews

35.1 The Authority shall, when requested by the Department, arrange for an audit or review of any matter specified by the Minister for Water in relation to the performance of its functions and the # exercise of its powers.

35.2 The Authority shall respond to audits or reviews of any aspect of their activities undertaken by the Department as requested. #

11 STATEMENT OF OBLIGATIONS

SCHEDULE A:

DEFINITIONS

Only terms not defined in the Catchment and Land Protection Act 1994 or Water Act 1989 are defined in this Schedule.

The following definitions apply in this Statement: “Annual Watering Plan” means an annual plan developed by the Authority and endorsed by the Minister for the Environment to manage the environmental entitlement on an annual basis in manner consistent with the Environmental Operating Strategy. “Asset” means any real property owned by the Authority. "Authority" means a Catchment Management Authority established under Part 2 of the Catchment and Land Protection Act 1994. “Corporate Allocation” means funds provided by the Department to the Authority for corporate activities as outlined in the Service Level Agreement. “Corporate Plan” means a plan drafted in accordance with ss.247 and 248 Water Act 1989. “Crown Frontage” means Crown land (including land temporarily or permanently reserved which has a frontage to a watercourse) within the meaning of Part XII of the Land Act 1958. "Department" means the Department of Sustainability and Environment. “Environmental Operating Strategy” means a plan developed by an Authority and endorsed by the Minister for Environment which outlines the long term management of the environmental water reserve. “Financial Management Compliance Framework” means the framework implemented by the Department of Treasury and Finance on 1 July 2003, which provides a framework for the compliance of Victorian Public Service entities with the Financial Management Package. The framework can be found at www.fmkc.dtf.vic.gov.au. “Financial Management Package” means the framework released by Department of Treasury and Finance titled the ‘Financial Management Package’ which includes key financial legislation, namely the Financial Management Act 1994 and the Audit Act 1994, and their sub-ordinate instruments. “Flood Response Action Plan” means a plan developed by the Authority in accordance with Departmental guidelines to manage the Authority’s response to a flood. “Governance Guidelines” means the guidelines issued by the Secretary of the Department that relate to a framework for the Governance of statutory authorities operating in the Department’s portfolios. “Groundwater Management Plan” means a management plan prepared in accordance with ss.31, 32 and 32A of the Water Act 1989 relating to the management of groundwater.

“Headworks” mean dams, weirs and associated works used to harvest and supply water.

“Heritage River Area” is an area listed in Schedule 1 of the Heritage Rivers Act 1992 .

“Irrigation Reconfiguration Plan” means a plan developed by Rural Water Authorities to manage the rationalisation of irrigation water distribution systems. “Land and Water Management Plan” means a plan developed by an Authority in partnership with relevant stakeholders to address priority catchment management issues in the Regional Catchment Strategies which relate to private land. “Levee” means an embankment raised to prevent a river from overflowing. “Local Planning Policy Framework” means a framework developed by Local Government in accordance with the Victorian Planning Provisions which comprises of the Municipal Strategic Statement and local planning policies through which it identifies long term directions about land use and development in the municipality and provides the rationale for the zone and overlay requirements and particular provisions in the local planning scheme.

12 STATEMENT OF OBLIGATIONS

“Minister for Environment” means the Minister administering the Catchment and Land Protection Act 1994 . “Minister for Water” means the Minister administering the Water Act 1989. "Ministers" means both the Minister for Environment and the Minister for Water.

“Municipal Strategic Statement” means a statement developed in accordance with s.12A of the Planning and Environment Act 1987.

“Natural asset” means a biophysical attribute of a natural system that has a measurable value.

“Planning Scheme” means a scheme developed in accordance with section 6 of the Planning and Environment Act 1987.

“Regional Catchment Investment Plan” means the annual investment framework drafted by each Authority and associated bodies engaged in natural resource management, that documents an Authority’s project and project deliverables with the aim of implementing Regional Catchment Strategy targets.

“Regional Management Plan” means a plan drafted and approved by the Department to implement overarching State Government natural resource management strategies.

“Regional River Health Strategy” means a strategy developed by an Authority in order to implement the Victorian River Health Strategy and has been endorsed by the Minister for Water.

“Regional Water Resource Monitoring Partnership” means the partnership outlined in the Regional Agreement for Water Monitoring Project Co-operative Arrangements for the North East, North West, and South West and Gippsland regions in Victoria.

“Relevant legislation” includes the Water Act 1989 , Catchment and Land Protection Act 1994, Environment Protection Act 1970, Planning and Environment Act 1987, Financial Management Act 1994, Audit Act 1994 and the Public Administration Act 2004 .

“River” includes a channel; the riparian zone which includes the land that adjoins, regularly influences or is influenced by the river, including a regularly wetted floodplain and associated floodplain wetlands; and an estuary or terminal lake.

“Rural Water Authority” has the same as definition as in s.4A of the Water Industry Act 1994.

"Secretary" means the person occupying or acting in the position of Secretary of the Department of Sustainability and Environment.

“Service Level Agreement” means the annual agreement between the Department and the Authority relating to regional catchment investment plan projects that is called a ‘Service Level Agreement’.

“State Water Accounts” means the annual report on the water availability, allocation and use of surface water, groundwater and recycled water in all of Victoria’s river basins developed by the Department and endorsed by the Minister for Water as part of the State Water Report.

“Streamflow Management Plan” means a management plan prepared in accordance with ss.31, 32 and 32A of the Water Act 1989 relating to the management of surface water in unregulated systems.

"Statement" means this Statement of Obligations.

“Statewide Irrigation Development Guidelines” means the guidelines issued by the Minister for Water called the “Statewide Irrigation Development Guidelines”.

“Statutory Allocation” means funds provided by the Department to the Authority for the performance of statutory functions.

“Storage operator” means an individual appointed as a storage operator under s.43A of the Water Act 1989 .

13 STATEMENT OF OBLIGATIONS

“Subordinate instrument” has the same meaning as prescribed under s.38 Interpretation of Legislation Act 1984 which is ‘an instrument made under and Act- (a) that is a statutory rule; or (b) that is not a statutory rule but— (i) contains regulations, rules, by-laws, proclamations, Orders in Council, orders or schemes; or (ii) is of a legislative character.’

“Sustainable Water Strategy” means a strategy prepared in accordance with Part 2, Division 1B of the Water Act 1989 .

“Victorian Action Plan for Second Generation Landcare” means the plan developed by the Second Generation Landcare Taskforce titled “Healthy Landscapes: Sustainable Communities” which outlines the agenda for Landcare in Victoria for the next decade and was endorsed by the Minister for Environment in 2002. “Water Allocation Process” means a process through which unallocated water is allocated for a consumptive or environmental purpose as outlined in Divisions 1 and 2 of Part 4 the Water Act 1989. “Water Monitoring Project Co-operative Arrangement” means an agreement made between the Department and parties undertaking water resource monitoring within the Gippsland, North East, North West and South West regions which defines the responsibilities of the partner organisations and contract manager for the agreed monitoring project. “Water Savings Project” means a project partially funded by the Victorian Government which results in the saving of water which may then be allocated for environmental or consumptive purposes. “Water Supply Protection Area” means an area declared to be a water supply protection area under s.27 of the Water Act 1989 . “Waterways Protection By-law” means the CMA by-law called the Waterways Protection By-law established under ss.160-161 and s.219 of the Water Act 1989 .

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