ENVIRONMENTAL AUDIT ENVIRONMENTAL AUDIT OF THE GOULBURN RIVER – LAKE EILDON TO THE MURRAY RIVER ENVIRONMENTAL AUDIT OF THE GOULBURN RIVER – LAKE EILDON TO THE MURRAY RIVER EPA Victoria 40 City Road, Southbank Victoria 3006 AUSTRALIA September 2005 Publication 1010 ISBN 0 7306 7647 1 © Copyright EPA Victoria 2005 This publication is copyright. No part of it may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. ENVIRONMENTAL AUDIT OF THE GOULBURN RIVER – LAKE EILDON TO THE MURRAY RIVER Environmental audit of the Goulburn River Lake Eildon to the Murray River I, John Nolan, of Nolan-ITU Pty Ltd, an environmental auditor appointed pursuant to the Environment Act 1970 (‘the Act’), having: i. been requested by the Environment Protection Authority Victoria on behalf of the Minister for Environment and Water to undertake an environmental audit of the Goulburn River— Lake Eildon to the Murray River—with the primary objective of obtaining the information and understanding required to guide the management of the Goulburn River towards providing a healthier river system. This included improvements towards meeting the needs of the environment and water users, thereby reducing the likelihood of further fish kill events in the future ii. had regard to, among other things, the: • Environment Protection Act 1970 (the Act) • Water Act 1989 • Catchment and Land Protection Act 1994 • Flora and Fauna Guarantee Act 1998 • Fisheries Act 1995 • Heritage River Act 1992 • Safe Drinking Water Act 2003 • Emergency Management Act 1986 • Agricultural and Veterinary Chemicals (Control of Use) Act 1992 • Environment Protection and Biodiversity Conservation Act 1999 • State Environment Protection Policy (Water of Victoria) 2003 and the following relevant documents • Victorian River Health Strategy • Goulburn Broken Regional Catchment Strategy • Draft Goulburn Broken Regional River Health Strategy • Murray-Darling Basin Commission’s (MDBC) Native Fish Strategy • Goulburn Eildon Fisheries Management Plan iii. consulted with members of the community as well as the following authorities and organisations: • Goulburn Broken Catchment Management Authority (CMA) • Goulburn-Murray Water (G-MW) • Environment Protection Authority • Department of Sustainability and Environment • Department of Primary Industries • Environment Victoria • VR Fish • Fisheries Co-Management Council • Yorta Yorta Nation • Victorian Farmers Federation • Goulburn Valley Environment Group Environmental Audit i ENVIRONMENTAL AUDIT OF THE GOULBURN RIVER – LAKE EILDON TO THE MURRAY RIVER • Nagambie Angling Club • Goulburn Valley Association of Angling Clubs iv. assessed the nature and extent of any harm or detriment caused to, or the risk of any possible harm or detriment which may be caused to, any beneficial use made of Goulburn River between Lake Eildon and the Murray River by the following activities: • Activity A: River flow regulation (including management of riparian zone) • Activity B: Fish kill response arrangements • Activity C: Biocides usage • Activity D: Irrigation drainage v. prepared the attached environment audit report in accordance with Section 53V of the Act hereby state that I am of the opinion that: 1. The Goulburn River downstream of Lake Eildon does not meet several environmental quality objectives of the State Environment Protection Policy (Waters of Victoria). Consequently the SEPP (WoV) requires that regional targets for environmental rehabilitation be set through an attainment program. Key parameters of concern are dissolved oxygen, turbidity, and biological indicators. 2. The water quality of the Goulburn River deteriorates as it flows downstream from Lake Eildon. 3. The dissolved oxygen concentration of the water below Lake Eildon appeared to be unusually low in the 2003/04 period compared to previous years. Low dissolved oxygen was associated with the fish kill downstream of the Goulburn weir in January 2004. 4. An expert review panel identified several potential threats to the health of the Goulburn weir pool and Lake Nagambie. Regular routine water quality and biological monitoring is not currently undertaken within the water bodies, Goulburn weir pool and Lake Nagambie. 5. A consolidated Goulburn River SEPP (WoV) Attainment Program has not been established nor is there a comprehensive framework for its establishment. 6. The Goulburn River is identified by the draft Goulburn Broken River Health Strategy (RRHS) as a high priority river which requires protection and enhancement. 7. The RRHS is the appropriate strategy for the protection of the environmental health of the Goulburn River below Lake Eildon. The final draft RRHS is about to be considered by the Goulburn Broken Catchment Management Authority’s Board before being sent to the Minister for endorsement. 8. The draft RRHS could be refined to provide a comprehensive and consolidated framework for the SEPP (WoV) Attainment Program. 9. The data presented on the river’s environmental, economic, or social assets has not been used in an integrated fashion to set goals, priorities and environmental targets for the River, particularly for reach 1 (below Lake Eildon), where there are competing beneficial uses. 10. The lack of clear management objectives for the Goulburn River between Lake Eildon and the Murray River has created significant uncertainty for government agencies involved in the management of the river and its catchment. EPA Victoria ii ENVIRONMENTAL AUDIT OF THE GOULBURN RIVER – LAKE EILDON TO THE MURRAY RIVER 11. The draft RRHS recognises this and indicates that clear management objectives will be established for audit reaches 1, 2 and 3 by conducting a deliberate forum with major stakeholders and community representatives. Short-term resource condition targets (RCTs) and management action targets (MATs) are set for this reach including nutrient and turbidity targets. Longer-term RCTs and MATs are set for audit reach 4. 12. The draft RRHS indicates that a process will be put in place to monitor and audit native fish populations in audit reach 4 as required under the MDBC Native Fish Strategy. Monitoring of native fish within audit reaches 1, 2, and 3 does not appear to be proposed within the draft RRHS. In their response to the draft audit report on matters of fact DSE advised that ecological monitoring will be undertaken through the Sustainable Rivers Audit. 13. The linkages between policies and strategies that dictate the management arrangements for the Goulburn River could be improved; particularly the Regional River Health Strategy, the Goulburn Eildon Fisheries Management Plan, and the SEPP (WoV). 14. Environmental Water Reserves are currently being identified for all Victorian catchments through the development of sustainable water strategies. 15. There may be an inconsistency between SEPP (WoV) Clause 41 ‘Water Allocations and Environmental Flows’ and the Bulk Entitlement (Eildon-Goulburn Weir) Conversion Order 1995 as it relates to G-MW’s ability to implement measures to provide environmental flows. 16. Implementation of the Victorian Government’s White Paper ‘Our Water Our Future’, particularly the development of Environmental Water Reserves, may assist in addressing this inconsistency. 17. The White Paper advises that the Government will amend legislation to establish Environmental Water Reserves to set aside a share of water in rivers and aquifers across the state for the environment. 18. Native and introduced fish, including desirable species such as Brown and Rainbow trout, may be beneficial uses to be protected along the Goulburn River. 19. The water temperature of the Goulburn River downstream of Lake Eildon is up to 6.5oC cooler than it would have been prior to the construction of Sugarloaf Reservoir and subsequently Lake Eildon. 20. Cold water releases from Lake Eildon support a significant recreational trout fishing industry between Eildon and Seymour. Unfortunately this cold water will not support native fish. 21. Thermal water objectives have not been set for the Goulburn River and hence releases from Lake Eildon are not influenced by temperature considerations. 22. G-MW identifies river temperature fluctuations below Lake Eildon as a significant environmental risk in the G-MW Significant Environmental Risk Register. It is not clear what obligations G-MW has under its Environmental Management System (EMS) to reduce the risk. 23. While the Goulburn Eildon Fisheries Management Plan establishes specific management objectives for audit reach 1, the issue as to whether this reach should be managed as a cold-water fishery for recreational fishing of trout and other introduced species or should be ameliorated to allow for the re-establishment of native fish will not be resolved until a decision is made as to which beneficial uses are to be protected. This decision can only be made once the clear management objectives are established through the RRHS. 24. Scientists believe that the environmental health of Nagambie Lakes and the Goulburn weir pool is poor to moderate. Environmental Audit iii ENVIRONMENTAL AUDIT OF THE GOULBURN RIVER – LAKE EILDON TO THE MURRAY RIVER 25. Few native fish are found upstream of Nagambie due to the Goulburn Weir acting as a barrier, and the influence of the cold water releases from the Lake Eildon. 26. A study is underway to determine the feasibility of constructing a fish ladder at the weir. 27. There is evidence of a depletion of native fish particularly within the Lake Nagambie system. 28. Anglers are concerned