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Australian Government Department of the Environment and Energy Australian Government Department of the Environment and Energy Finn Pratt AO PSM Secretary Ref: EC18-000363 Mr Andrew Broad MP Chair Standing Committee on the Environment and Energy PO Box 6021 Parliament House Canberra ACT 2600 Dear Mr Broad I write to provide the Standing Committee on the Environment and Energy with a supplementary submission to the Inquiry into the management and use of Commonwealth environmental water. The Commonwealth Environmental Water Holder (the CEWH) provided a preliminary submission to the Inquiry on 21 March 2018, which addressed the Terms of Reference. This submission expands on the preliminary submission. The Inquiry will have a particular focus on the role of the CEWH, a statutory position established by the Water Act 2007. This position is a First Assistant Secretary within the Department of the Environment and Energy. Under the Water Act; the CEWH has statutory responsibility for the management of the Commonwealth environmental water holdings acquired by the Australian Government. The CEWH makes all the day-to-day decisions on the use of the water portfolio and the Commonwealth Environmental Water Holdings Special Account. The CEWH is supported by the Commonwealth Environmental Water Office to manage the Commonwealth's water portfolio. Having the CEWH role within the Department encourages the integration of a whole-of-government approach to the protection of Australia's environment. There are a number of synergies between the management of the Commonwealth environmental water holdings - undertaken for the purpose of protecting and restoring environmental assets of the Murray-Darling Basin - and other work undertaken by the Department. This includes supporting the conservation and wise use of Australia's Ramsar wetland estate, helping to conserve threatened species and habitat, and providing advice on the impacts of development on matters of national significance listed under the Environment Protection and Biodiversity Conservation Act 1999. The Australian Government's 2017-18 Mid-Year Economic and Fiscal Outlook budget confirmed operational funding has been provided out to 2027 to undertake the statutory functions of the CEWH, including the management of the Commonwealth environmental water holdings. This funding re-affirmed the Government's commitment to delivering the Basin Plan 2012. GPO Box 787 Canberra ACT 2601 • Telephone 02 6274 1111 • Facsimile 02 6274 1666 • www.environment.gov.au The enclosed submission addresses the Terms of Reference for the Inquiry and provides supporting documentation. I note the submission is a public document and the Committee may publish the Department's submission on its website. Should the Department wish to provide additional evidence or comment on other evidence obtained by the Committee, a further supplementary submission will be provided. The contact for this submission is Ms Jody Swirepik, the CEWH, who can be contacted on or Thank you for the opportunity to make a submission. Yours sincerely Finn Pratt /g April 2018 Enc. 2 SUPPLEMENTARY SUBMISSION TO THE HOUSE OF REPRESENTATIVES INQUIRY INTO THE MANAGEMENT AND USE OF COMMONWEALTH ENVIRONMENTAL WATER Purpose This document is a supplementary submission to the Standing Committee on the Environment and Energy’s (the Committee) inquiry into the management and use of Commonwealth environmental water, which will give particular consideration to the role of the Commonwealth Environmental Water Holder (the CEWH). The CEWH provided a preliminary submission to the Inquiry on 21 March 2018 that contained an overview of the CEWH’s functions against the Terms of Reference. This supplementary submission provides most of the information contained in the first submission and further detail to assist the Committee with their inquiry. Information is provided against each of Committee’s four Terms of Reference, which are: 1. maximising the use of environmental water for the protection and restoration of environmental assets (Part 1 to 3, Appendix 1); 2. considering innovative approaches for the use of environmental water (Part 2 to 4, Part 6); 3. monitoring and evaluating outcomes of the use of environmental water (Part 4 to 5); and 4. options for improving community engagement and awareness of the way in which environmental water is managed (Part 2, Part 6); and any other matter of relevance that the Committee wishes to consider. Structure of the submission The submission is structured in the following way: Part 1 overview and summary of CEWH’s activities Part 2 portfolio management and business operations Part 3 maximising environmental water use Part 4 monitoring, evaluation, reporting and adaptive management Part 5 environmental outcomes Part 6 partnerships, engagement and communications Appendix 1 Ramsar Convention and wetlands PART 1: OVERVIEW AND SUMMARY • About the CEWH. • What does the CEWH do? – in brief 1. About the CEWH The CEWH is a statutory position established under the Water Act 2007 (Water Act) responsible for managing the Commonwealth environmental water holdings 1 and the Commonwealth Environmental Water Holdings Special Account. The Commonwealth environmental water holdings must be managed to protect and restore the environmental assets of Murray-Darling Basin (the Basin), including watercourses, lakes, wetlands 2 and floodplains, in the national interest. The CEWH’s function is a critical part of the sustainable management of the Basin’s water resources over the long-term for environmental, social and economic outcomes. The CEWH is governed by the requirements of the Water Act, such as managing the Commonwealth environmental water holdings in accordance with the Basin Plan 2012 (the Basin Plan) environmental water plan (Chapter 8), including the principles and methods to determine priorities for applying environmental water. The Basin Plan requires the CEWH to perform its functions and exercise its powers in a way that is consistent with the Basin-wide environmental watering strategy and have regard to the Basin annual environmental watering priorities developed by the Murray-Darling Basin Authority. The Water Act also requires the Commonwealth and Basin States to manage the Basin’s water resources in the national interest and give effect to relevant international agreements. The relevant international agreements are: • the Ramsar Convention • the Biodiversity Convention • the Desertification Convention • the Bonn Convention • CAMBA, JAMBA, ROKAMBA (migratory birds – China, Japan, Korea) • the Climate Change Convention • any other international convention Australia is party to that is relevant to the management of the Basin’s water resources. 1 The water holdings were recovered by programs managed by the Department of Agriculture and Water Resources. 2 See information about the Basin’s wetlands: http://www.environment.gov.au/water/cewo/wetlands 2 The Basin Plan must give effect to these international agreements to the extent that they are relevant to the use and management of the Basin water resources. 3 A number of elements of the Basin Plan that are important for the CEWH and how Commonwealth environmental water can be managed are scheduled to be in place by 2019. These include the acquisition of the Commonwealth environmental water holdings; the development of water resource plans (WRPs), long term environmental watering plans and other policy measures, like the protection of environmental water, by the Basin States; the completion of the Northern Basin Review; and the Sustainable Diversion Limit Adjustment Mechanism. A number of these processes will continue through to 2024 before the Basin Plan is reviewed in 2026. In addition to meeting the requirements of the Water Act and Basin Plan, the CEWH must comply with other relevant policy and frameworks, including: • Commonwealth policy, frameworks and environmental legislation, including the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) • state frameworks (e.g. state water management laws). Ms Jody Swirepik commenced in the role of CEWH in February 2018. Ms Swirepik is supported by staff of the Commonwealth Environmental Water Office (the Office) within the Department of the Environment and Energy in Canberra (the Department). The Office also employs six full time local engagement officers 4 who live and work in regional centres across the Basin connecting Canberra to the regions. 2. What does the CEWH do? The CEWH is committed to being a diligent, responsive and prudent water manager who uses water efficiently and effectively. We are focused on maximising environmental outcomes across rivers, wetlands and floodplains from the use of the Commonwealth environmental water portfolio. This includes the considered use of the tools available to all water users, such as carryover and trade, and the application of adaptive management with: • clear objectives • robust planning and decision-making processes • comprehensive risk assessments • meaningful engagement with other water users, river operators, land managers and local communities • long-term monitoring programs that assess the effectiveness of water use and inform future decisions. While the full results of environmental watering across the Basin will take many years to be realised, progress towards these outcomes is being measured as part of a continuing Long Term Intervention Monitoring (LTIM) Project ($30 million over 5 years). The LTIM monitors and evaluates environmental outcomes and
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