PROTECTING the YARRA RIVER (BIRRARUNG) Ministerial Advisory Committee Final Report

PROTECTING THE YARRA RIVER (BIRRARUNG) Ministerial Advisory Committee Final Report

Prepared by: Yarra River Protection Ministerial Advisory Committee © The State of Victoria Department of Environment, Land, Water & Planning 2016

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This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication.

Accessibility If you would like to receive this publication in an alternative format, please telephone the DELWP Customer Service Centre on 136186, email customer. [email protected] or via the National Relay Service on 133 677 www.relayservice.com.au. This document is also available on the internet at www.delwp.vic.gov.au PROTECTING THE YARRA RIVER (BIRRARUNG) Ministerial Advisory Committee Final Report Acknowledgement

The Yarra River Protection Ministerial Advisory Committee proudly acknowledges Victoria’s Aboriginal communities and their rich culture, and pays respect to their Elders past and present.

We acknowledge Aboriginal people as Australia’s first peoples and as the Traditional Owners and custodians of the land and water on which we rely.

We recognise the intrinsic connection of Traditional Owners to Country and value their contribution to managing the land, water, natural and built landscapes. We acknowledge the ongoing contribution this makes to the Yarra River catchment.

We support the need for genuine and lasting partnerships with Traditional Owners to understand their culture and connections to Country in the way we plan for and manage the Yarra River corridor and its environment.

We embrace the spirit of reconciliation, working towards equity for Traditional Owners.

2 For more information about planning 2 For more information about planning Ministerial Advisory Committee Final Report

Foreword

Victoria has been a leader in Domain edged by the boulevard of “The Yarra River planning and managing waterways, St Kilda Road. To the east, Treasury catchments and open spaces and and Fitzroy Gardens and the more Protection in regulating urban development utilitarian Yarra Park and Gosch’s Ministerial Advisory and industry to ensure we enjoy Paddock now home to Melbourne’s the healthy environment that is famous sports and entertainment Committee (Yarra fundamental to our liveability and precinct. To the north, Carlton prosperity. The effectiveness of our Gardens, later to be graced with MAC) recognises institutions and the outcomes they the bold and startling presence of have delivered for Melbourne and the Royal Exhibition Building and that the Yarra River our region are the envy of other beyond, the huge expanse of Royal Australian capital cities. Indeed Park and Princes Park connected by and its parklands many other cities around the world the majestic, tree-lined boulevard are a magnificent have looked to Melbourne for of Royal Parade. At the same time examples to follow. But we should we constructed one of the world’s natural asset that not be complacent. Melbourne’s earliest sewerage systems and population is growing rapidly and reserved the forested headwaters of is highly valued by we must ensure that the Yarra River, the Yarra River for our water supply. or Birrarung in the language of the And so, together with profound the community” Traditional Owners, remains healthy social and cultural changes, and its many values can be enjoyed our shambolic frontier town by future generations. transformed in a relatively brief period into ‘Marvellous Melbourne’. There are lessons to be learned from the past. This is not the first Remarkably little investment in time Melbourne has faced a period open spaces and infrastructure of rapid population growth that occurred in the following decades. has put pressure on infrastructure, The First World War, Depression services and the environment. and Second World War were times of austerity and sacrifice. The Melbourne’s European settlement 1929 Plan of General Development began as little more than a for Melbourne1 contained the first shambolic frontier town. The Gold vision of green open spaces along Rush, the subsequent population Melbourne’s waterways but little and property booms and the was done to put it into effect. The lack of city services in the 19th 1956 Olympics was perhaps the century led to Melbourne gaining event that signalled Melbourne’s an international reputation as awakening from that somewhat ‘Smellbourne’. But then over several bleak period. It was again time decades, visionary plans set aside for optimism and vision, and an arc of green open spaces around Melbourne’s population was again the Hoddle Grid. To the south of the booming. By the 1970s sprawling Yarra River the Botanic Gardens, development had virtually doubled Alexandra Gardens and Kings the extent of the metropolitan area.

1 . Plan for General Development (Metropolitan Town Planning Commission), 1929. The Plan of General Development was a planning scheme to prevent ‘misuse’ of land and protect property values. It also identified a number of issues such as traffic congestion and recognised the value of Melbourne’s waterways as an open space network. Post-war scarcity meant services Melbourne is now experiencing to consider institutional reforms such as the sewerage system had its third great wave of population to implement the next wave of not kept up. The Yarra River, our growth. So far we have been able planning and investment in open waterways and Port Phillip Bay were to sustain our liveability and spaces and natural assets to neglected and becoming grossly a reasonably healthy natural underpin Melbourne’s liveability as polluted. environment largely because of the we grow. legacy of planning and investment The city’s planners revived the undertaken more than 40 years It has been a privilege to be given earlier vision for Melbourne’s open ago. But we should be concerned. the task of undertaking this review space network along with the idea Sustaining or improving liveability over the last nine months. We of green wedges and development as Melbourne’s population grows acknowledge the support of the Yarra corridors. There was community to more than 7 million over the next River Protection Program team within pressure to tackle pollution 35 years is a massive challenge the Department of Environment, problems caused by industry and that will require a vision, and a Land, Water and Planning and thank unsewered suburbs. Slowly the sustained commitment to deliver team members for their hard work momentum began to build behind it by successive governments over and professionalism. We also thank the vision and greater prosperity many decades. the many individuals, groups and and community expectations agencies that met with the Yarra sustained the investment needed The Yarra River Protection Ministerial MAC, attended workshops or made to deliver it. The Environment Advisory Committee (Yarra MAC) submissions. Protection Authority Victoria was recognises that the Yarra River and created to regulate industry. It its parklands are a magnificent There is no doubt about the care was only the second environment natural asset that is highly valued by people have for the Yarra and the protection agency to be created the community. We should not take concern they have for its future. in the world. A huge investment by for granted the effort that has been There is also a passion to reveal state and federal governments was required to create this asset or the more of its history and heritage, to made in sewering the suburbs. A effort needed to ensure it remains understand and enhance its many new Metropolitan Plan2 identified healthy and continues to serve a values and to ensure a greater open space corridors for our growing population. role for Traditional Owners and the waterways including the Yarra community in its management. River and government started The Yarra MAC also recognises that We commend this report to the acquiring land to build this open the challenges facing the Yarra are Minister for Planning, the Minster space network and the trail system shared by all of Melbourne’s open for Water, the Minister for Energy, that connects it. This period stands spaces and waterways including Environment and Climate Change, out as Melbourne’s second great the bay. We believe that many and the people of the Yarra wave of visionary planning and of the recommendations in this (Birrarung) and our region. investment and it has left us with a report should be considered in the wonderful legacy of a world-class light of this broader challenge. We open space network, much of it have, therefore, gone beyond our Yarra River Protection built around our waterways and the terms of reference to recommend Ministerial Advisory Committee bay. Victoria became known as the a Taskforce to develop a vision Chris Chesterfield, Chair ‘Garden State’ principally because and strategy for all of Melbourne’s Eamonn Moran PSM QC of Melbourne’s extensive network of open spaces, including parklands, Professor Jane Doolan green open spaces. waterways, coasts and bays and Kirsten Bauer

2 . Planning Policies for Metropolitan Melbourne (Melbourne and Metropolitan Board of Works), 1971. This report introduced long-term conservation and development policies for Melbourne through growth corridor and what we now call ‘green wedge’ principles, and contains outward growth to a limited number of areas on the edge of the city. Ministerial Advisory Committee Final Report Protecting the Yarra River (Birrarung)

Contents

PART 1. INTRODUCTION 1 PART 4. RECOMMENDATIONS 25

Background 2 Introduction 26

Yarra River Protection Ministerial Advisory Committee 3 Governance reforms 28

Members 3 Policy recommendations 29

Scope 3 New overarching planning framework 31

Reformed institutional arrangements 32 PART 2. THE CASE FOR CHANGE 7 New legislation 35 Findings 10 Funding arrangements 36 Waterway health (stream, riverbanks and vegetation) 10 Expanding the model across Melbourne 38 Community use of, access to and amenity of An opportunity for a Melbourne-wide approach 39 the river and its parklands 11

Supporting projects 40 Interface of the river with adjacent private land uses 12

Early start actions 46 Cultural and heritage values 13

The critical gap – no overarching GLOSSARY 48 alignment mechanisms 16

The challenge: population growth APPENDIX A and climate change 16 Outline of Yarra River (Birrarung) Protection Bill 50

PART 3. COMMUNITY VIEWS 19 APPENDIX B Who we heard from 20 Terms of Reference 53 What we heard 21

Protect and improve the Yarra’s environmental health 21

Enhance community experience of the Yarra River corridor 21

Develop an enduring vision and strategic plan 22

Establish a new management model 22

Legislate the elements required to protect the river corridor 23 Ministerial Advisory Committee Final Report

Recommendations

Governance reforms RECOMMENDATION 9 RECOMMENDATION 1 Create an independent statutory function to audit the implementation of the Yarra Strategic Plan every Adopt five objectives to guide the development of second year. legislation and reforms of institutional arrangements to protect the Yarra River. RECOMMENDATION 10

RECOMMENDATION 2 Assign the auditing function to the Commissioner for Environmental Sustainability (or an existing auditing Recognise the importance of the Yarra River and its entity). parklands to the economic prosperity, vitality and liveability of Melbourne (and Yarra Valley) in relevant RECOMMENDATION 11 state policies. Require the Commissioner for Environmental RECOMMENDATION 3 Sustainability to provide reports on the ‘State of the Yarra River’ as part of the ‘State of the Environment’ Establish a statutory requirement to develop a reporting. community vision that clearly outlines community requirements and expectations for the entire length of RECOMMENDATION 12 the river over the long term. Prepare a Yarra (Birrarung) Protection Bill to establish RECOMMENDATION 4 an overarching planning framework for the Yarra River that coordinates waterway, public land and Establish a statutory requirement to develop and infrastructure management, cultural and heritage maintain an overarching Yarra Strategic Plan. and statutory land use planning, with a clear role for amenity planning. RECOMMENDATION 5 Establish a statutory requirement for public RECOMMENDATION 13 participation processes in the development of the Yarra The Department (DELWP) should establish appropriate Strategic Plan. consultative processes during the preparation of the Bill.

RECOMMENDATION 6 RECOMMENDATION 14 Assign Melbourne Water the planning function for Authorise Melbourne Water to use Waterways and developing the Yarra Strategic Plan and coordinating Drainage Charge funds for undertaking its new its delivery. This will establish Melbourne Water as functions as described in Recommendation 6. ‘caretaker of river amenity’ in addition to its existing role as ‘caretaker of river health’. RECOMMENDATION 15

RECOMMENDATION 7 Review the Melbourne Metropolitan Parks Charge to define the strategic goals/services it delivers and Require Melbourne Water to establish a Birrarung identify the funding available for supporting priority Rivers Council to provide oversight and advice to the projects identified in the Yarra Strategic Plan. Melbourne Water Board on its ‘caretaker’ functions in the development and implementation of the Yarra RECOMMENDATION 16 Strategic Plan. DELWP, as the responsible department, is to champion RECOMMENDATION 8 funding bids through government budgeting processes for priority projects identified in the Yarra Strategic Plan. Require Melbourne Water to establish a community reference forum for each reach of the Yarra to provide local inputs to the Yarra Strategic Plan as part of the public consultation activities. Protecting the Yarra River (Birrarung)

Expanding the model across Melbourne RECOMMENDATION 25 Extend Clause 56 of the Victoria Planning Provisions RECOMMENDATION 17 best practice stormwater management standards for Expand the Yarra model to protect other major residential subdivisions to apply to commercial and Melbourne rivers and their open spaces such as the industrial subdivisions to assist in maintaining the Maribyrnong and Werribee Rivers. water quality in the Yarra River at the current levels. Note that to make a marked difference in the water RECOMMENDATION 18 quality in the lower Yarra River will require further significant policy and regulatory changes. In recognition of the importance of green open spaces, waterways, coasts and bays to the liveability RECOMMENDATION 26 and ecological health of Melbourne, establish a joint Taskforce reporting to the DELWP Secretary that brings Use the community consultation process for the together the skills of DELWP, Melbourne Water, Parks development of the community vision and Yarra Victoria and local government. Strategic Plan to also meet the requirements for the development of water quality standards for the Yarra Supporting projects under the State Environment Protection Policy (Waters of Victoria). RECOMMENDATION 19 Map the Traditional Owner tangible and intangible RECOMMENDATION 27 cultural values along the full length of the Yarra River. Support councils along the Yarra River to contribute to the development of the Yarra Strategic Plan and RECOMMENDATION 20 implementation in their local government area. Support the Wurundjeri Council to play an active and ongoing role in protecting and improving the Yarra Early start actions River and its parklands. RECOMMENDATION 28

RECOMMENDATION 21 Melbourne Water to commence development of the Yarra Strategic Plan and community vision as quickly Introduce the stronger planning controls along the Yarra as possible. River that are currently under development as quickly as possible, and expand this work as part of the Yarra RECOMMENDATION 29 Strategic Plan to other areas along the Yarra River. Provide Melbourne Water (or another appropriate RECOMMENDATION 22 entity) with immediate funding to lead the development and implementation of solutions to two areas where Establish a moratorium on the reduction of Public there has been long standing community issues, Acquisition Overlays (PAOs) or sale of public land along numerous plans undertaken and for which there are the Yarra River corridor until the Yarra Strategic Plan is currently significant development proposals. finalised.

RECOMMENDATION 30 RECOMMENDATION 23 Implement the stronger planning controls already DELWP to review all PAOs and land acquisition under development for the Maribyrnong River. opportunities along the river to enable alignment with the Yarra Strategic Plan.

RECOMMENDATION 24 DELWP to review and update Crown land reservations along the river to enable alignment with the Yarra Strategic Plan.

1. Introduction Ministerial Advisory Committee Final Report

PART Introduction

Background The Victorian Government has committed to protecting the Yarra River’s amenity and significance by introducing legislation, stronger planning controls and a trust or similar entity.

The Department of Environment, Before preparing new legislation to Land, Water and Planning (the protect the Yarra River the Victorian Department) is working with Government established the Banyule, Boroondara, Manningham, Yarra River Protection Ministerial Nillumbik, Stonnington and Yarra Advisory Committee (Yarra MAC) to councils, and with Melbourne Water assess the effectiveness of current to establish stronger planning governance arrangements. controls along the Yarra River. These aim to protect the landscape values The Yarra River Protection along the river between Richmond Reference Group (Yarra Reference and Warrandyte, an area under Group) was also established increasing development pressure. to assist the Yarra MAC and This work has recently: government to better understand the key issues, opportunities and • strengthened the State Planning Policy Framework, implementing reform options for protecting for the first time a Yarra River the river. The Yarra Reference protection planning policy Group comprises representatives that identifies the Yarra’s of the organisations with direct metropolitan significance and oversight and management provides guidance to councils responsibilities for the Yarra about decision-making River and its riverscape plus • strengthened overshadowing key stakeholders: councils controls in the Melbourne central (Banyule, Baw Baw, Boroondara, business district to ensure that Hobsons Bay, Melbourne, tall buildings do not overshadow Manningham, Maribyrnong, the Yarra River and its banks Nillumbik, Stonnington, Yarra • implemented interim planning and Yarra Ranges), Environment controls into the Yarra Planning Protection Authority (EPA) Victoria, Scheme (City of Yarra) to protect Melbourne Water, Parks Victoria, this part of the Yarra River corridor Port Phillip and Westernport that is under the most pressure. Catchment Management Authority, Environmental Justice Australia and Yarra Riverkeeper Association.

2 Protecting the Yarra River (Birrarung)

Yarra River Protection Ministerial Advisory Committee

Members Scope land, we considered the tributaries The Minister for Planning and the The Yarra MAC was asked to provide as important inputs affecting the then Minister for Environment, assistance in engaging with the health of the main stem when Climate Change and Water community, and other stakeholders, developing our recommendations. established the five-member Yarra and to provide advice and a Throughout the development of this MAC in December 2015. recommended action plan for the report, the Yarra MAC have been improved management, promotion Members are: conscious of the need to maintain and protection of the entire length a whole-of-catchment approach to • Chris Chesterfield (Chair) — a of the Yarra River (excluding the the management of the Yarra and Port of Melbourne waters and the Victorian Environmental Water its tributaries, and to complement Holder Commissioner and regulation of on-water activities, the approaches being outlined in Director, Strategic Engagement commercial boats and berthing). the Water Plan for Victoria and Plan at the Cooperative Research We were also asked to consider Centre for Water Sensitive Cities wider application and transferability Melbourne, that are concurrently (Monash University). of our recommendations to other under development. Melbourne rivers such as the • Eamonn Moran PSM QC — a The Yarra MAC adopted an barrister in private practice Maribyrnong River. approach that included: at the Victorian Bar and a The Yarra MAC’s terms of reference consultant legislative counsel. are in Appendix B. • regular discussions with key stakeholders responsible • — a Professor Jane Doolan for decision-making and Professorial Fellow in Natural Approach management of the Yarra River, Resource Governance at the At the outset, the Yarra MAC made and with key environmental University of Canberra, Chair of some key decisions, in consultation advocates the Murray-Darling Freshwater with both ministers, about the scope • identifying the priority issues Research Centre and Director of of our work and the approach to be through consultation and Western Water. taken. These decisions reflected the workshops • Kirsten Bauer — a landscape terms of reference, the Yarra MAC’s • developing a discussion paper for architect and director of ASPECT status as an independent advisor, public release that proposed a new Studios, member of the Victorian and time and budget limitations. Design Review Panel and other management model for discussion and debate about improvements municipal design review panels In particular, the Yarra MAC to the oversight and management in Victoria, and an adjunct decided that while it recognised the of the Yarra River professor of RMIT University. desirability of governance reforms • Dr Tamara Boyd — an underpinned by a community vision • providing a range of opportunities for people to voice environmental engineer, board for the Yarra River and its parklands, their views in person and online in member of the Corangamite there was insufficient budget and July and early August 2016 Catchment Management time (just nine months) to develop Authority and Principal Consultant • commissioning specific work and such a vision. To do the task well at Intrinsic Scope (a member for holding discussions on key issues requires collaboration and co-design the first half of our term). with acknowledged experts. with all the local communities and a In July 2016 the Wurundjeri substantial commitment. Table 1 shows the Yarra MAC’s Tribe Land and Compensation activities in more detail. Another early question was the and Cultural Heritage Council extent to which the Yarra MAC (Wurundjeri Council) were invited should consider the tributaries and to join the Yarra MAC in their broader catchment stormwater deliberations. Representatives from run-off which impact on the Yarra. the Wurundjeri Council provided While the focus of our terms of cultural advice in the finalisation of reference was on the main stem this report. of the Yarra River and adjacent

3 Ministerial Advisory Committee Final Report

TABLE 1: TIMELINE

Activity Detail

Critical issues and opportunities The Yarra MAC held a number of discussions with key stakeholders and identification conducted two workshops in late February and early March seeking input (Jan–Mar 2016) about the most significant issues facing the Yarra River corridor. Workshop participants were invited from the Reference Group organisations to identify the priority issues for the Yarra River that are impacting on its environmental, cultural, social and economic values. The results are presented in the Protecting the Yarra River (Birrarung) Discussion Paper.

Investigations/lines of enquiry The Yarra MAC pursued a number of lines of enquiry including: (Mar–July 2016) • understanding the current governance arrangements • independent advice about the Yarra’s health from the Centre for Aquatic Pollution Identification and Management (CAPIM) • a review of the governance arrangements for the Yarra River over time including strategies/plans, investment and regulation • a review of the application of land use and development controls • the value of the Yarra parklands and opportunities for improving their contribution to the liveability of Melbourne • understanding international best practice governance arrangements for urban rivers.

Discussion Paper release The Yarra MAC developed the Protecting the Yarra River (Birrarung) (1 Jul 2016) Discussion Paper to promote community discussion about opportunities to improve the river’s oversight and management. The Discussion Paper outlined the river’s community values, issues associated with its management, a proposal to develop a community vision and integrated strategic plan for the Yarra, and governance options.

Public and targeted consultation Stakeholders and members of the community were provided with a variety of (Jul 2016) opportunities to have their say about the issues and proposals in the Discussion Paper. There were more than 270 face-to-face conversations at three community meetings, three listening posts, and four community discussion groups. The consultation received 195 submissions. The online engagement site allowed visitors to download the Discussion Paper, post ideas and ask questions. The site had almost 5,000 visitors between 1 July and 8 August 2016.

Deliberations In August and early September the Yarra MAC considered the results of the (Aug 2016) investigations alongside community views and preferences. We also tested options with the organisations that would be affected by the proposed changes.

The Yarra MAC considered at a high level, the practicability of the proposed changes when framing our recommendations but did not analyse the costs and benefits, or the implementation requirements of recommendations.

Advice to government This report contains our advice to the Victorian Government. (Sept 2016)

“ The Yarra River is valued and appreciated as much for the vegetation and parkland that dominate its corridor as for the presence of the waterbody itself ” 3

3 The Middle Yarra River Study (Planisphere), 2014 for the Department of Transport, Planning and Local Infrastructure. 2. The case for change Ministerial Advisory Committee Final Report

PART The case for change

The Yarra River is an iconic The governance arrangements for waterway, central to Melbourne’s the river are therefore of critical character and identity. Its linear importance to ensure that it is network of parks and open spaces managed to meet the needs of is one of Melbourne’s greatest a growing Melbourne. The Yarra assets and the most heavily used MAC considers that ‘best practice’ in Victoria. It flows 242 kilometres management arrangements from its near-pristine forested requires an integrated and headwaters, through the tranquil coordinated approach to managing rural Yarra Valley and Melbourne’s four key elements of the river: suburbs to the heart of Melbourne’s • its overall environmental health central business district before (waterway and riparian lands) discharging into Port Phillip Bay. • community use, access and “It is our view that the The Yarra River catchment is home amenity of the river and its to more than two million people and Yarra River and its parklands the upper Yarra reach provides 70 • the interface of the river corridor parklands are a state per cent of Melbourne’s drinking with adjacent (private) land use water. Its estuary is home to the significant asset that • its cultural and heritage values. underpins the liveability Port of Melbourne, Australia’s largest maritime hub for cargo. and economic prosperity Effectively, the Yarra MAC would There are 2,450 hectares of urban like to see the river, its corridor and of Melbourne and the parklands and green open spaces catchment linkages managed as Yarra Valley” along the Yarra where people relax, one integrated living whole natural meet, exercise and celebrate. It is asset - a concept which borrows a wildlife and biodiversity corridor from the Traditional Owners. supporting diverse life forms and it is important to the culture, values With this concept in mind, the and practices of Traditional Owners. Yarra MAC developed an analytical framework to explore the It is our view that the Yarra River effectiveness of the governance and its parklands are a state arrangements for each of the significant asset that underpins the key elements of the riverscape, liveability and economic prosperity plus the overarching coordinative of Melbourne and the Yarra Valley. mechanisms across the elements.

ONE LIVING AND INTEGRATED ENTITY The Yarra River is a dynamic, natural and cultural system, which includes the main river, its tributaries and the broad landscape which it traverses. It is significantly influenced by humans who are in turn, significantly influenced by it. This concept asserts that the Yarra River must be acknowledged, respected and cared for as one living and integrated entity and not as separate components. Such a holistic approach blends the wisdom of Traditional Owners ‘Caring for Country’ with contemporary Australian values of the river and its parklands that contributes to the wellbeing of the community and the prosperity of the city.

8 Protecting the Yarra River (Birrarung) The case for change

FIGURE 1: ANALYTICAL FRAMEWORK

Overarching considerations

waterway community interface health use, access and cultural with adjacent amenity of the and heritage (stream, (private) river and its values riverbanks and land uses vegetation) parklands

9 Findings

Waterway health healthy waterway management (stream, riverbanks and vegetation) plans. Melbourne Water is the designated waterway manager and In Australia and across the world, both prepares a regional waterway relatively few rivers remain in strategy and delivers programs to pristine condition. Most rivers are maintain and improve the ecological affected by human activities in their health of the Yarra. These activities channels and catchments. These have an ongoing funding source often result in changes to their in the Waterways and Drainage form, flows and water quality and to Charge. The Yarra has received vegetation, soils, flora and fauna. significant attention including major investment in re-vegetation Despite significant catchment “the Yarra River’s water and weed control, managing water changes and urbanisation, the extractions and establishing a quality is much better Yarra River’s water quality is much 17 gigalitre environmental water today than it was in better today than it was in the 1970s reserve which, combined with and has remained fairly stable in the 1970s and has passing flow obligations, provides the past decade. The water quality remained fairly stable water for the environment. in the Yarra River’s urban reaches in the past decade” compares well against other major The EPA regulates industry and urban rivers across the world. The industrial wastes cannot be ecological habitat of the Yarra discharged to the river. However River is still relatively high-standard there are several sewage treatment and supports a diverse community plants in the catchment and some of fish and birdlife. One-third of pollution ‘hotspots’ associated with Victoria’s animal species and over industrial land uses, unsewered 190 species of birds are found in areas, agriculture and general the Yarra catchment. The Yarra pollution from urban stormwater River supports many important run-off. environmental values including platypus and nationally significant Generally, the Yarra MAC considers fish species (such as the Australian that the current arrangements for grayling and the Macquarie perch). waterway management are good.

There are a range of measures to protect waterways, including The biggest issue that remains the Yarra River, from the adverse is the management of diffuse impacts of human activities sources of pollution from urban with a hierarchy of state policy, stormwater run-off in the environmental protection legislation suburban and inner-city Yarra and regulations, catchment reaches. management strategies, and

10 Community use of, access to doubled since 1970 our investment This work must involve local Findings and amenity of the river and its in open spaces in recent decades and metropolitan thinking and parklands has been only incremental. It also stakeholders. These green-blue lacks the guiding support of an networks and places underpin the The quality of life that Melbourne agreed vision and detailed strategy. community’s health and wellbeing, provides as a city is one of its There is no agency explicitly and sense of place, preserve greatest achievements. This responsible for integrated planning cultural heritage narratives, provide ‘liveability’ is built on two waves of, and investment in, Melbourne’s off-road movement corridors that of ‘city shaping’, planning and open spaces. Ensuring Melbourne’s link communities and destinations, investment in open spaces during future liveability will require more, improve the city’s ecological the late-19th and mid-20th and higher-quality, public open health and biodiversity, reduce centuries. The protection of the spaces, healthy waterways and the urban heat island effect and Yarra River and the establishment interconnecting parks across the support economic prosperity. of many kilometres of open spaces city. The relationship between a The Yarra River and its corridor along its length, including the community vision for the Yarra have an important part to play Botanic Gardens and numerous River and its management cannot in Melbourne’s liveability and parks, is a gift to current and be separated from the planning economic prosperity. future generation from those two of parks and waterways across periods of visionary planning and greater Melbourne. investment. As one of Melbourne’s greatest Great cities embrace their urban open space assets, there is The Yarra brings people together green and blue infrastructure. no coherent, whole-of-river and helps connect them with the Sydney has its harbour and ocean approach to its management. natural systems of our city. Its beaches, New York has its Central continuous landscape transcends Park and the Hudson River, and municipal, property and political Singapore has its island status boundaries and provides for a and concept of a ‘city in a garden’. diverse range of recreational While Melbourne is well known activities including cycling, walking, for its parklands along the Yarra boating, fishing, rowing, canoeing, River corridor and beaches and kayaking, swimming in some places open spaces along the extensive and nature-based activities. The coastline of Port Phillip Bay, it is upper reaches of the Yarra River also a city of multiple waterway are within national parks which corridors that support a significant have trails for hiking and walking, network of parklands and open and areas for camping and picnics. spaces. Together, the parklands and open space of the Yarra River are one of Melbourne needs to embrace the the most visited areas of regional contribution that the waterway open space in Melbourne, attracting corridors (along with the beaches millions of visits each year. and open spaces around the bay) make to the liveability of the city Although Melbourne’s population and improve the quality of this and metropolitan area have almost green and blue infrastructure.

11 Ministerial Advisory Committee Final Report

Interface of the river with adjacent private land uses

The Yarra River’s character and environment changes constantly along its course, with differing degrees of development, access, land use and management in each location. The current patchwork of planning policies and controls reflect the various approaches each municipality takes to management of the river.

Members of the community have expressed concern about intrusive developments along the Yarra and the cumulative effects of site- by-site changes to the landscape setting that the community enjoys.

The government has committed to taking a consistent and stronger approach to managing development along the Yarra River and the Department is developing stronger planning controls for the Yarra River corridor. This includes a revised State Planning Policy for the entire Yarra River corridor, and updated overlay controls in six metropolitan municipalities to manage development along the river between Punt Road, Richmond and Warrandyte – a reach that is under immediate development pressure.

There are other urban reaches of the Yarra River (and Melbourne’s other waterways) that are likely to experience development pressure in the future and that will need similar action.

A dedicated program is required to introduce stronger planning controls to protect Melbourne’s river corridors for the enjoyment and appreciation of future generations.

12 Protecting the Yarra River (Birrarung)

Cultural and heritage values The site for Melbourne was chosen “The Bolin Bolin because of the Yarra’s water supply. Billabong in For the Wurundjeri people, who The river also provided the earliest have a spiritual connection to transport links to the developing city. Bulleen was a the Yarra’s lands and waterway, The Yarra River was the axis of the place for great the river is a life source that has original colonial city of Melbourne gatherings and been etched into the landscape and main passage for the transport by the ancestral creator spirit of goods. The river facilitated the where sacred and Bunjil, the wedge-tailed eagle. The city’s growth and prosperity and social interactions Yarra River provided them with a provided an area for the city’s between the clans variety of foods (such as eels and residents to develop ways of living would take place” fish) and numerous varieties of and customs (such as using ferries native animals and plants could be for transport, recreational boating found along its fertile banks. The and festivals). The river continues to Wurundjeri call the river Birrarung— shape ways of living in Melbourne meaning shadows of the mists— and the city’s urban form. and their spiritual connection to places such as the confluence of There are many significant sites the Yarra River and Merri Creek along the Yarra River and they extends back thousands of years include structures (such as bridges through periods of extraordinary and wharves), buildings like the environmental upheaval that saw Abbotsford Convent; places of dramatic changes in the river. The significant events (such as the Bolin Bolin Billabong in Bulleen Separation Tree in the Botanical was a place for great gatherings Gardens and the Heidelberg School and where sacred and social of impressionist artists); historic interactions between the clans properties (such as Government would take place. The Wurundjeri House, Gulf Station and Yering would also gather with other Station in the Yarra Valley); and members of the Kulin Nation on the towns (such as Warrandyte and land where the Melbourne Cricket Warburton). There are 60 non- Ground now stands. Other places Aboriginal heritage sites within 200 of significance for the Wurundjeri metres of the Yarra River that are people include Coranderrk Mission currently included on the Victorian Station at Healesville, Pound Bend Heritage Register under the at Warrandyte, the Dights Falls area Heritage Act 1995. in Collingwood, and the Heide Scar Tree in Bulleen. A strategic review of significant cultural and heritage sites along The identification of cultural the Yarra would help identify and Aboriginal Places along the Yarra promote places that tell the story River is a reactive process that of the Traditional Owners and of occurs largely as a result of the the post-European settlement of Wurundjeri Council’s Registered greater Melbourne. Aboriginal Party status and the requirements for planning permits for the development of Wurundjeri homelands. There is little data within the Victorian Aboriginal There is an opportunity to tell Heritage Register about cultural more of the story of the Yarra’s heritage sites along the Yarra River rich history and heritage. for the reaches upstream of the river’s urbanised catchment area.

13 Ministerial Advisory Committee Final Report

TABLE 2: THE YARRA’S LEGISLATIVE AND REGULATORY FRAMEWORK

Element Key legislation and regulatory Situation instruments

Waterway management • The Water Act 1989 sets out the • The Yarra River catchment has water entitlement framework a capped water entitlement, There are a range of measures and mechanisms for managing passing flow requirements to protect waterways from the Victoria’s water resources. It at several locations and a adverse effects of human use. provides caps on consumptive 17 GL environmental water uses, sets sustainable diversion entitlement. Institutional administrative limits, allocates entitlements • Melbourne Water as the arrangements are based within a and requires licences for works designated waterway manager planning hierarchy of state policy, on waterways. It also sets out prepares a regional waterway catchment management and the framework for managing strategy and delivers the healthy waterway strategies. rivers, floodplains and drainage. implementation plan. • The Catchment and Land • As these are catchment-based Management plans for improving Protection Act 1994 sets out they cover the full length of the the environmental condition of the integrated catchment Yarra River. the Yarra River are funded from management system—the • Most identifiable point-source institutions, processes and the Waterways and Drainage pollutants have now been responsibilities for assessing Charge - this includes allocations addressed. The biggest source and managing catchments. to councils for projects. of pollution in the suburban • There are regulations about and inner-city Yarra reaches is when it is permitted to from urban stormwater run-off. clear native vegetation, to • All stormwater run-off in the ensure biodiversity impacts Yarra Catchment (home to 2 are factored into decisions million people) drains into the about land use changes and Yarra River (via drains and development. tributaries). • Diffuse and point-source pollution (including wastewater management) is controlled with a combination of works approvals and licences, issuing of notices, formal enforcement and collaborative management frameworks to achieve the requirements of the State Environmental Protection Policy (Waters of Victoria) under the Environmental Protection Act 1970.

Yarra parklands and public open • The Crown Land (Reserves) • There are about 830 Crown spaces (Crown land) Act 1978 enables land to be land parcels adjacent to the reserved for a range of public Yarra River totalling more than As well as DELWP and purposes, stipulates how 139,000 hectares. Parks Victoria’s Crown land reserved land must be dealt • There are a multitude of management efforts, there with and prescribes governance different land management are volunteer committees arrangements for committees arrangements and committees of management, which are of management appointed to of management. manage reserved land. appointed by the Minister. • There is no requirement for an integrated approach to Councils allocate funding for managing the linear network of maintenance and investment parklands or to improving the from their general rates revenue. community benefits provided. Parks Victoria is allocated funds • The Main Yarra Trail in the by the Department from the lower reach is an important Parks and Reserves Trust. Some cycling corridor, especially committees of management have for commuters but some key no income stream (for example access points require cyclists Burke Road Billabong Committee to carry their bicycles up and of Management). down steep steps. • There are limited all-abilities access points from which to enjoy the river.

14 Protecting the Yarra River (Birrarung)

TABLE 2: THE YARRA’S LEGISLATIVE AND REGULATORY FRAMEWORK

Element Key legislation and regulatory Situation Element Key legislation and regulatory Situation instruments instruments

Waterway management • The Water Act 1989 sets out the • The Yarra River catchment has Land use planning (includes • The Planning and Environment • There are nine councils water entitlement framework a capped water entitlement, cultural and heritage Values) Act 1987 sets out the framework along the Yarra River and an There are a range of measures and mechanisms for managing passing flow requirements for planning the use, additional 10 in the broader to protect waterways from the Victoria’s water resources. It at several locations and a Under Victoria’s planning system development and protection of Yarra catchment. adverse effects of human use. provides caps on consumptive 17 GL environmental water local councils and the Victorian land in Victoria. • There is no overarching uses, sets sustainable diversion entitlement. Government develop planning • The State Planning Policy (integrated) linear/ corridor Institutional administrative limits, allocates entitlements • Melbourne Water as the schemes to control land use and Framework in the Victoria strategy for the length of arrangements are based within a and requires licences for works designated waterway manager development and to ensure the Planning Provisions provides the Yarra River to guide the on waterways. It also sets out planning hierarchy of state policy, prepares a regional waterway protection and conservation of the overarching policy to guide development and application the framework for managing catchment management and strategy and delivers the land in Victoria in the present and land use, subdivision and of consistent, joined-up rivers, floodplains and drainage. healthy waterway strategies. implementation plan. long-term interests of all Victorians. development in Victoria and conditions for land use and • The Catchment and Land • As these are catchment-based includes a dedicated Yarra development along the river. Management plans for improving Protection Act 1994 sets out they cover the full length of the These schemes are developed River protection planning • 100,000 ha of land in the upper the environmental condition of the integrated catchment Yarra River. in line with planning policy and policy. The Local Planning Yarra catchment is a designated the Yarra River are funded from management system—the Policy Framework provides • Most identifiable point-source strategy and contain planning water supply catchment and institutions, processes and local policy context for precinct the Waterways and Drainage pollutants have now been policies, zones, overlays and other excludes other uses. responsibilities for assessing structure planning and land Charge - this includes allocations addressed. The biggest source provisions that affect how land • Management of stormwater and managing catchments. subdivision permits. to councils for projects. of pollution in the suburban can be used and developed. run-off from properties is only • There are regulations about and inner-city Yarra reaches is • Some planning scheme required in a very limited set when it is permitted to from urban stormwater run-off. Cultural and heritage values are provisions and overlays (for of circumstances in the Yarra clear native vegetation, to example flooding overlay) • All stormwater run-off in the addressed via planning permit catchment and the standards ensure biodiversity impacts trigger the referral of a permit Yarra Catchment (home to 2 requirements for cultural and (Best Practice Environmental are factored into decisions application to Melbourne million people) drains into the heritage management plans. Guidelines for Urban about land use changes and Water to ensure any waterway, Yarra River (via drains and Stormwater) need updating. development. water quality and drainage tributaries). • Diffuse and point-source issues affecting or affected pollution (including wastewater by the subdivision are management) is controlled satisfactorily addressed. with a combination of works approvals and licences, issuing of notices, formal enforcement and collaborative management frameworks to achieve the requirements of the State Environmental Protection Policy (Waters of Victoria) under the Environmental Protection Act 1970.

15 Ministerial Advisory Committee Final Report

The critical gap – no overarching A degree of institutional complexity increase river scouring and affect alignment mechanisms is inevitable when managing river habitat. urban waterways and catchments. Generally, the Yarra MAC considers Network governance approaches A growing population will increase that the legislative and regulatory or ‘middle-ground approaches’ usage of the Yarra, its parklands frameworks are relatively effective bridge the traditional decision- and public open spaces. Most for managing the Yarra given the making arena with on-ground of Melbourne’s growth will be single-purpose approach by each implementation efforts and helps accommodated by two urban entity, with the exception of whole- to pool resources, expertise, forms: low-density greenfield of-river amenity (refer Table 2). experience and knowledge. development and higher-density Although there have been inner-city development. Population There is no overarching mechanism, varying levels of success with the growth generally occurs across the however, for a joined-up approach application of network governance catchment in both types of urban that aligns the objectives and approaches, they do provide development and will put additional decisions of organisations opportunities to develop a common pressure on the city’s green across regulatory and spatial vision and strategic approach. wedges, parks and open spaces boundaries. This is a key gap in as well as on the environment in current governance arrangements. Overarching integrative peri-urban greenfield areas. The More than 10 organisations have mechanisms are required to landscape along the Yarra needs responsibilities for the management align the efforts of agencies to be protected and conserved and of the Yarra River corridor across and organisations with a wider range of uses, all-abilities four broad areas of governance: administrative responsibilities access and changing recreation • controls over land use and along the Yarra River. requirements considered. This development, including first steps will require a balance between to protect the ‘amenity’ of the protecting some areas and river corridor identifying and designing hubs • provision of environmental health The challenge: population growth or attractions as destinations to protection and services and climate change accommodate more-intensive uses. • provision of amenity services Population growth and changing such as recreation, leisure, Impacts of a changing climate tourism, water transport and demographics land transport The changing climate also poses a Population growth in the Melbourne threat to sustainable management • stewardship of the cultural region will continue to put pressure of the Yarra River. Declining rainfall, significance of the river for on the health and amenity of the Traditional Owners and the wider higher temperatures, longer Yarra River and its corridor. Greater Victorian community. droughts and more frequent storms Melbourne is projected to grow are predicted. In addition to government entities, from 4.6 million residents in 2016 to there are also multiple community nearly 8 million residents by 2051. While there has been much and private sector organisations The Yarra catchment is a highly progress with environmental flow that play a direct or indirect role in populated area with over two million arrangements in the last decade, the management of the Yarra River people (over one-third of Victoria’s these have aimed at protecting corridor or the activities of which population) residing there. current environmental values under affect the corridor and catchment. the historic climate patterns. As we While the water quality of the Yarra Waterway health is the only element experience the effects of climate and Port Phillip Bay compares that has consistent administrative change, current arrangements may well with rivers in other cities arrangements for the length of the not be adequate to sustain a healthy internationally, urban development river (excluding the Port of Melbourne river and many of its plant and in the catchment, if not properly waters), and an ongoing funding animal species in their current forms. managed, will result in increased source for improvement projects. pollutants in stormwater run‑off Hotter conditions and longer Achieving harmonisation and that will affect the ecological droughts will increase the frequency integration of effort across these health of the river and the bay. The of bushfires. The upper Yarra and agencies and areas of governance built environment has less surface its catchment will be increasingly is perhaps the principal challenge permeability than natural land, vulnerable to bushfires which facing the Yarra. leading to increased stormwater are a threat to biodiversity and flows into waterways that Melbourne’s water supplies. exacerbate the effects of flooding,

16 Conclusion After examining the current • Traditional Owner inclusion and “a new collaborative public participation planning and management management arrangements for the Yarra River, processes the Yarra MAC has concluded that a • legislation to provide statutory model is needed new management model is needed backing and longevity to the to ensure the river to ensure the river and its open new arrangements and give real and its open spaces confidence that the river will be spaces are protected, and continue are protected, to underpin the liveability and protected over the long term prosperity of a growing Melbourne. • a statutory reporting and audit and continue In our Discussion Paper released function to provide regular to underpin the reporting to government and earlier in the year, we proposed a liveability and strategic framework comprising: the community about progress towards delivering the plan prosperity of a • a community vision that clearly outlines community requirements • clear funding and infrastructure growing Melbourne” and expectations for the entire delivery arrangements. length of the river over the long term • an integrated, overarching strategic plan for the Yarra that would give effect to the community vision, provide direction to and harmonise activities and decision-making in waterway management, public land and infrastructure management, management of cultural and heritage values and statutory planning and include planning for whole-of-river amenity • improved management arrangements to ensure the Yarra Strategic Plan will be implemented efficiently and effectively with clear accountabilities for all aspects of management

3. Community views Ministerial Advisory Committee Final Report

PART Community views

On 1 July 2016 the Yarra MAC published a Discussion Paper to seek the views of the community about key issues and opportunities for the river and about proposed management arrangements to protect it. The Discussion Paper was available for public comment for five weeks and submissions closed on 8 August 2016.

The following key messages More than 270 face-to-face were drawn from the community conversations were held and 195 engagement process: submissions were received from a • There is strong support for range of stakeholder organisations, improvements to governance government, community groups and arrangements for the Yarra River individuals. and its environment. • The environmental and FIGURE 2: SUBMISSIONS BY community benefits of the river GROUPING and its surrounds should be protected and improved for the benefit of all Victorians. • The involvement of Traditional Owner and local communities is critical to the legitimacy, longevity and implementation of a new vision and plan for the river. Who we “More than 270 face-to-face heard from conversations The engagement process was were held and 195 designed to ensure that a wide range submissions were of perspectives were captured. During the consultation period Agencies, 9 received from a people were invited to have their say Community Group, 21 range of stakeholder online by sharing an idea, asking Council, 12 a question, and making a written organisations, Individual, 121 community groups submission. A number of forums were held along the Yarra River corridor Industry/Organisation, 32 and individuals.” to provide opportunities for local communities to have their say in person: four stakeholder workshops, three community workshops, a youth Source: Analysis of submissions by the workshop, three community insights Department of Environment, Land, Water workshops, and three listening posts. and Planning, 2016.

20 There was concern about the highlighted the importance of What we heard diversion and extraction of water maintaining and improving, where especially in the upper reaches. This possible, community access to the Submissions covered a diverse issue was connected to the need to river. Some suggested increasing range of issues. While views protect environmental flows from the amount of public land along expressed by submitters were not the increasing effects of climate the river to allow development of a unanimous or even compatible, change. At the same time, several continuous recreational trail. There some common themes emerged. respondents argued against further were calls for swimming in the lower Many submissions noted an control and diminution of water use reaches of the river once the water appreciation of the opportunity to rights, seeing this as a constraint to quality is sufficiently improved. comment. the right to farm. Respondents recognised the Protect and improve the Yarra’s Protecting biodiversity and competing needs of river users environmental health providing habitat for native animals, (such as cyclists and walkers) There was a strong desire to protect including the need to improve the and for competing needs to and improve the water quality of the amount of native vegetation and be managed. Respondents Yarra and the diversity of the flora pest management along the river also acknowledged that more and fauna along its banks. was highlighted. There was support recreational opportunities could for re-introducing and protecting impinge on water quality and Respondents were most concerned iconic native animal species (such biodiversity aspirations for the about the effects of stormwater as platypus and koalas) and for a river and that both needed to be run-off into the river, particularly continuous biodiversity corridor. balanced and well-managed. with the increasing intensity of urban development and increasing A number of respondents A defining characteristic of the traffic as Melbourne’s population emphasised the importance of Yarra River is the natural surrounds grows. Some respondents identified protecting the headwaters of and scenic views along its length. the need to control levels of the Yarra from further logging Many respondents wanted to sedimentation and the amount of and farming activities. Some protect the river from inappropriate litter that ends up in the river. Some respondents supported the proposal development. They supported respondents noted the importance for a Great Forest National Park. strong planning controls to prevent of monitoring pollution from specific overshadowing, encroachment and Enhance community experience sites or activities (such as sewage light pollution. While supporting of the Yarra River corridor treatment plants and factories along the environmental and recreational importance of the river, respondents the river, construction sites and Many respondents wanted with interests in land alongside discharges from rural activities). increased opportunities for new it stressed the importance of forms of recreation and better respecting private rights to use or access to infrastructure for existing redevelop their land. recreational activities. Respondents

21 Ministerial Advisory Committee Final Report

Develop an enduring vision and Establish a new strategic plan management model

Many respondents agreed with There was strong support for a new the Yarra MAC’s proposal for an approach to managing the river overarching vision and strategic plan and its environment. Respondents to provide a clear, unified policy focus agreed with the Yarra MAC’s and a way to improve the fragmented proposal for a new management management of different aspects of model to give effect to the vision the river and its surrounds. and strategic plan as well as to coordinate the various agencies It was important for many and stakeholders involved in respondents that the vision for the managing the river corridor. river be a long-term one that reflects the views of the Traditional Owners Most respondents stressed the as well as the broader community. need for the management model Many respondents also emphasised to have adequate and secured the need for the vision to adopt a funding over an extended period of whole-of-catchment approach. time. While respondents typically viewed funding as critical to the This was also the view of effectiveness and sustainability of most respondents about the the management model, there were development of a strategic plan. differing views about where such Some respondents suggested a funding might come from. The Parks ‘nested’ approach to planning for Charge, Waterways and Drainage the river corridor. Some respondents charge, philanthropic donations and saw a strategic plan as the primary value capture were all suggested as mechanism for integrating the potential funding sources. diversity of issues along the river, and for coordinating the disparate Compliance and enforcement management arrangements. were highlighted by a number of Most argued the plan should be respondents who felt that desirable required by legislation and that environmental and planning management agencies should align outcomes could only be achieved if their priorities, policies and actions. the management model had ‘teeth’. They argued the strategic plan needs to focus on outcomes and While most respondents supported identify priority actions. Several a new management approach, respondents also emphasised the there were mixed views when it need for clear review and reporting came to whether the management mechanisms that covered both model should be located in an the content of the plan and its existing government organisation or implementation. in a new and distinct entity.

The need to involve Traditional Many respondents in favour of Owners, councils and the broader establishing the management community in developing the plan model in an existing organisation was stressed in many submissions. argued that adding another institutional layer risked duplication and complexity. Respondents asserted that organisations such as “It was important for Melbourne Water, Parks Victoria and many respondents that the Department already performed many of the functions that a new the vision for the river management model would have be a long-term one that to undertake. Furthermore, the reflects the views of the technical and delivery expertise that a new management model Traditional Owners”

22 Protecting the Yarra River (Birrarung)

would require also resides in these Legislate the elements required and oversight of long-term organisations. It would need to be to protect the river corridor protection and restoration, redeployed or duplicated if a new including collaboration with entity was created. The Yarra Riverkeeper and and coordination of public and Environmental Justice Australia non-governmental parties), a There were also many other made a detailed submission Yarra River Panel (a standing respondents who argued for a new advocating what they would like advisory body for advice and for entity and pointed to perceived included in the new legislation to public participation in decision- making and governance) and a inefficiencies of organisations protect the Yarra. They proposed River Health Monitor (to monitor, working to different goals. a landscape governance Act which audit and report to parliament They reasoned that the current requires developing a long-term on the State of the Yarra and organisations had not been vision for the river, long-term river implementation of the Yarra able to resolve the challenges of health targets, a statutory Yarra River Plan) fragmented management even River Plan with a clear pathway • establishes an independent though they are aware of them. towards targets and goals, and a source of revenue to be They also argued the Yarra River Yarra River Trust to manage and administered by the Trust. and its uses must be the sole focus champion the river. of any management agency and it should not be distracted by other They also suggested the Act: potentially competing priorities. • includes operational features Some respondents felt that an (such as long-term river health independent entity accountable targets, nested planning to parliament would have the arrangements, obligations of authority and ability to deliver public authorities, institutional successful coordination. arrangements, funding and revenues, and enforcement It should be noted that half the measures) respondents were ambivalent or did • establishes three bodies not address the question of a new dedicated to Yarra River Around thirty other submissions management entity. governance: a Yarra River supported these proposals. Trust (a champion for the river, responsible for planning

23 24 4. Recommendations Ministerial Advisory Committee Final Report

PART Introduction There was strong support from the community across all groups for modernising governance and management arrangements to protect and improve the Yarra River and its parklands.

After examining the current 5. Improved institutional planning and management arrangements to: arrangements for the Yarra and • ensure the Yarra Strategic taking into account the feedback Plan and reach-based from community and stakeholders, plans are developed and the Yarra MAC proposes a new implemented efficiently governance framework to protect and effectively with clear the river comprising the following accountabilities for all seven elements: aspects of management 1. Five strategic goals/objectives • clarify roles and to underpin the governance accountabilities, in reforms: a healthy river, the particular for amenity Great Yarra Parklands, a values along waterways culturally diverse riverscape, • provide regular independent securing the Yarra footprint and auditing of implementation modern governance. of the Yarra Strategic Plan 2. Recognition of the importance and reporting on its overall of the Yarra River and its condition to government parklands to the economic and the community prosperity and vitality of • require inclusion of Melbourne (and the Yarra Valley) Traditional Owners and in all relevant state policies. community participation. 3. A community vision that clearly outlines community 6. Legislation to provide statutory requirements and expectations backing and longevity to: for the entire length of the river • the overarching strategic over the long term. planning framework 4. An integrated, overarching • alignment of the activities strategic plan for the river to and decisions of agencies give effect to the community and councils vision and provide direction to • require independent (and harmonise) activities and auditing of implementation decision-making in waterway of the Yarra Strategic Plan management, management of and reporting on its overall public land and infrastructure, environmental condition. management of cultural and heritage values, statutory 7. Clear funding and infrastructure planning, and planning for delivery arrangements. whole-of-river amenity.

26 Detailed recommendations on each of these areas are outlined in the following sections. We have also made a number of recommendations supporting these arrangements over the longer term and some early work that could be undertaken.

We have developed these recommendations to improve the protection and management of the Yarra River as required in our Terms of Reference. We consider the changes to the governance arrangements will significantly improve the river’s protection and have the potential for extension to the Maribyrnong, Werribee and other rivers in Melbourne.

The Yarra MAC also recognises that the challenges facing the Yarra are shared by all of Melbourne’s open spaces and waterways including the Bay. We believe that many of the recommendations in this report should be considered in the light of this broader challenge. We have, therefore, gone beyond our terms of reference to recommend a Taskforce to develop a vison and strategy for all of Melbourne’s open spaces (including parklands, waterways, coasts and bays) and to consider institutional reforms to implement the next wave of planning and investment in open spaces and other natural assets to underpin Melbourne’s liveability as the city grows.

27 Ministerial Advisory Committee Final Report

Governance reforms

Policy recommendations

Implementation detail RECOMMENDATION 1 Adopt five objectives to guide Objective Through which we aim to… the development of legislation A healthy river • Wilip-gin Birrarung murron – ‘keep the and reforms of institutional Birrarung alive’ arrangements to protect the • protect and improve the health of the river Yarra River. and its riparian ecology i. A healthy river. • increase the resilience of the river to the ii. The Great Yarra Parklands. impacts of climate change and population iii. A culturally diverse growth riverscape. • protect the health of Port Phillip Bay. iv. Securing the Yarra footprint. The Great Yarra • recognise the network of parklands along v. Modern governance. Parklands the Yarra as part of the one integrated living whole natural asset • improve community access to, movement Explanation along and on the river • increase opportunities to enjoy the river Clear objectives are important for parklands for people of all ages and abilities the design of governance reforms and ideally should be embedded • create more destinations and improve visitor experiences. in legislation and regulations. The Yarra MAC developed, tested and refined these objectives through A culturally diverse • in partnership with Traditional Owners, the stakeholder and community riverscape recognise, protect and promote both consultation process. intangible and tangible cultural and heritage values • recognise, protect and promote cultural and heritage values • provide quality public places for recreation, celebration and coming together.

Securing the Yarra • protect iconic and naturalistic river footprint landscapes from inappropriate development • connect communities and places along the river with trails and cycling corridors • recognise the importance of the river to the economic prosperity and vitality of Melbourne and the Yarra Valley.

Modern governance • provide visionary leadership and a long-term commitment to delivering the vision and its goals • partner with the Traditional Owners in the management of natural resources • align the activities and decisions of responsible agencies and councils • prioritise collaborative community processes.

28 Protecting the Yarra River (Birrarung)

Policy recommendations

Explanation RECOMMENDATION 2 “The Yarra River and the While good progress is being Recognise the importance landscape through which it made on policies for waterways of the Yarra River and its passes have metropolitan and catchment management and parklands to the economic significance as an urban development in Melbourne, prosperity, vitality and there is a noticeable policy gap environmental, aesthetic, liveability of Melbourne (and for parklands and green open cultural, recreation and Yarra Valley) in relevant state spaces. The three major rivers tourism asset. The river policies including: (Yarra, Maribyrnong and Werribee), corridor links parklands i. ecological health, cultural, their parklands and biodiversity and reserves into a near- corridors, the beaches and open social and amenity values continuous vegetated spaces around Port Phillip Bay in catchment and waterway landscape experience that management and future waterway focused open ii. the landscape setting in space corridors in Melbourne’s provides a highly valued which the river sits not growth areas, are vital to its refuge from the urban only for the enjoyment of liveability and economic prosperity. environment for local and the community but also With the twin pressures of metropolitan communities. for the attractiveness of significant population growth and Its highly naturalistic Melbourne to businesses, the effects of climate change on landscape corridor forms tourists and events in land the Yarra River it is important to use planning a backdrop to surrounding develop and protect the adjacent iii. the biodiversity corridor suburbs, helping to define public lands and the naturalistic along the river in urban 4 setting of the river. These twin their identity.” areas in environmental pressures will make it equally management challenging to maintain waterway iv. adjacent Crown lands as health at current levels. In particular part of the one integrated the cumulative impacts of the living whole natural asset changes to stormwater run-off with that is the Yarra River in each property development will public land management. ultimately affect the Yarra River and the health of Port Phillip Bay.

Implementation detail • Embed in the State Planning Policy Framework and municipal planning schemes. • Embed in a future Melbourne metropolitan open space strategy. • Embed in Yarra catchment and waterway management planning. • Update Crown land reservations.

4 . Planisphere 2014, Middle Yarra Corridor Study , Victorian Department of Transport, Planning and Local Infrastructure.

29 Ministerial Advisory Committee Final Report

Governance reforms (cont)

New overarching planning framework

Explanation and management vision for each RECOMMENDATION 3 The Yarra MAC concluded that reach of the river. The plan’s scope Establish a statutory despite the conscientious work would include the waterway and requirement to develop of more than 10 organisations its riverscape, parklands and open a community vision that responsible for planning and spaces, interfaces with adjacent clearly outlines community oversight of the Yarra River, the land uses and infrastructure, requirements and expectations management of the river and linkages with its catchment and for the entire length of the river its riverscape is fragmented. In connectivity with the lower reaches over the long term. particular, there is no overarching of tributaries and their associated mechanism for a joined-up open spaces. More specifically, a approach that aligns objectives and Yarra Strategic Plan would: RECOMMENDATION 4 integrates decision-making across • outline the community values Establish a statutory organisations and along the full and vision along the full length of requirement to develop and length of the river. the river maintain an overarching Yarra • identify issues, opportunities Strategic Plan that: Under current management and challenges for managing the arrangements, decisions about river, its parklands, the corridor i. gives effect to the statutory planning, public land and catchment community vision management and waterway ii. provides direction to and • identify demand for services management tend to be portfolio- along the river, now and in the harmonises activities based and are undertaken future and decision-making in somewhat independently of each waterway management, • prioritise values along the river other. There has also been a lack of and resolve competing uses management of public planning to protect and enhance • enable community participation land and infrastructure, the amenity of the Yarra River. cultural and heritage values and stakeholder engagement at management and statutory The Yarra MAC proposes a a scale commensurate with the river’s significance planning Yarra Strategic Plan (including a iii. includes planning for community vision) that outlines a • develop standards and whole-of-river amenity spatial and management vision statements of outcomes for iv. provides future direction to along the river to harmonise the river as a whole and for each reach about river health, land use and development the planning and management community amenity, statutory v. is reviewed every 10 years. efforts of the various state and planning and management of local authorities responsible for Crown lands the aspects of the river. The Yarra • establish broad strategic Strategic Plan would not take the directions, spatial planning place of other policies and plans and detailed parameters that made under relevant statutes such provide structure for the future as the Planning and Environment protection and development of Act, the Environment Protection Act the Yarra River and its riverscape. and the Water Act. It would be an overarching strategy that integrates To give effect to the vision and and harmonises the many plans, provide status for the Yarra regulations and investment Strategic Plan it would be programs of the various agencies mandated by legislation, tabled in and organisations that manage parliament, and incorporated into the corridor. The Yarra Strategic municipal planning schemes along Plan would also develop a spatial the river.

30 Protecting the Yarra River (Birrarung)

New overarching planning framework

Implementation detail RECOMMENDATION 5 A proactive, transparent public • The Yarra (Birrarung) Protection Establish a statutory participation program will be Bill requires a Yarra Strategic Plan requirement for public required that uses a series of (including a community vision participation processes in engagement tools to facilitate a and reach based spatial and the development of the Yarra meaningful discussions with the management plans be developed Strategic Plan. community to: to guide the future use and • identify community values and development of the river corridor). preferences • Develop the Yarra Strategic Plan • provide the broadest platform in accordance with departmental Explanation Engagement is about making better possible for local communities guidelines and considering to hear about and contribute to and more sustainable decisions Melbourne’s long-term needs the future directions for the Yarra through a process that engenders (50-year outlook). The plan is to: River and its environment trust and credibility. Community –– set an ambitious 21st century • build capacity of stakeholders and stakeholder engagement vision for the Yarra River, its and interested communities to contributes to informed decisions parklands, public open spaces, participate in the project and landscapes by bringing all perspectives to the table; by identifying important • ensure no surprises at a later –– coordinate and align the date by engaging the community issues early; and by allowing cumulative and individual early so that they feed into the decisions to be understood and decisions about land use planning process and development, and owned by as many people as infrastructure investments that possible. Engagement can also build • increase local community and key stakeholder understanding, will be made across regulatory and strengthen relationships which and strengthen support for, the boundaries over many years ultimately leads to community final recommendations. –– focus on community values and ownership of outcomes. recognise that many objectives Implementation detail will be beyond the remit of any Community co-design processes • The Yarra River (Birrarung) one organisation with opportunities for deep public Protection Bill requires participation and debate will –– include long-term targets collaborative public participation which provide an expression be essential for establishing the processes in the preparation of of goals to be achieved over a community values and priorities the Yarra Strategic Plan. determined timeframe for the Yarra. The Yarra River –– provide a mechanism for (Birrarung) Protection Bill should balancing competing uses and include a requirement for public policy objectives participation in shaping the plans –– be reviewed every 10 years. both upfront as part of objective • Once approved by the Minister setting for the Yarra Strategic Plan and tabled in parliament, and in the more detailed design of the Yarra Strategic Plan and reach and precinct-based plans. subsequent reach-based plans would be reflected in the statutory planning framework and local planning provisions. The plans would provide guidance for land use and development, infrastructure and investment decisions and the management plans of waterway manager(s), Parks Victoria and local councils.

31 Ministerial Advisory Committee Final Report

Governance reforms (cont)

Reformed institutional arrangements

RECOMMENDATION 6 RECOMMENDATION 7 RECOMMENDATION 8 Assign Melbourne Water the Require Melbourne Water to Require Melbourne Water planning function for developing establish a Birrarung Rivers to establish a community the Yarra Strategic Plan and Council to provide oversight reference forum for each reach coordinating its delivery. This and advice to the Melbourne of the Yarra to provide local will establish Melbourne Water Water Board on its ‘caretaker’ inputs to the Yarra Strategic as ‘caretaker of river amenity’ functions in the development Plan as part of the public in addition to its existing role as and implementation of the consultation activities. ‘caretaker of river health’. Yarra Strategic Plan.

i. Melbourne Water’s i. Birrarung Rivers Council Explanation objective in undertaking Functions: Given the range of stakeholders the new role: Protect and a. advice, guidance and involved and the complexity of improve the Yarra River and strategic oversight of management activities that need to adjacent public lands as the development and be coordinated to shape the Yarra’s the one living whole natural implementation of the future, an agency needs to be asset. Yarra Strategic Plan identified or created to develop the ii. New accountabilities to b. act as a champion for Yarra Strategic Plan, including the be assigned to Melbourne the Yarra River. community vision, and coordinate Water to support the ii. Members (mix of its implementation. objective: representatives and skills a. develop the Yarra based) This agency must be able to Strategic Plan a. independent chair exercise influence across the b. coordinate delivery of b. representatives relevant portfolios. It will need to the Yarra Strategic Plan from the Wurundjeri have relevant technical capability including reflection in Council (at least and capacity, relationships planning schemes two), DELWP, EPA Vic, with all the key agencies and c. monitor and report on Parks Victoria, two ongoing funding. It would lead the implementation of the Councils, environmental development of any new budget Yarra Strategic Plan advocacy group, bids and work with the Department d. provide advice to the the Victorian (as the sponsoring government Minister for Planning Farmers Federation department to ensure they were on proposed planning and a community submitted for consideration in the scheme amendments representative government budget processes). and development c. skills based It would (by developing the Yarra proposals with a major independent members Strategic Plan) be responsible impact on the amenity as required (waterway for refining the management of the Yarra River health, urban design/ partnership with Traditional Owners e. become a landscape architect, and establishing community recommending referral urban parks and relationships. Service delivery authority for protection recreation, statutory functions would remain with the of amenity values along planning, environmental existing agencies and councils. Any waterways in land use planning, public gaps in service delivery functions planning permits participation processes, that emerge through the planning f. be able to accept, hold community health). process will need to be filled, and maintain gifted however, with clear accountabilities land, funding or other for these new roles. assets. iii. Melbourne Water is to undertake these functions in partnership with the Traditional Owners and with strong community participation.

32 Protecting the Yarra River (Birrarung)

Reformed institutional arrangements

In developing this recommendation, additional cost to government. Given this, we also recommend the Yarra MAC considered the that Melbourne Water establish an option of establishing a new The Yarra MAC concluded that independently chaired Birrarung authority or assigning the function preparing and coordinating the Rivers Council with a mixture of to an existing agency. In evaluating implementation of the Yarra representatives and skills based institutional options, we considered: Strategic Plan would be best done members to provide advice and by an existing agency. The Yarra • complementing and not oversee the development of the disrupting successful governance MAC assessed the options for a Yarra Strategic Plan. We also arrangements, practices and number of existing organisations recommend that Melbourne Water relationships that could potentially take on this establish local community forums • consistency with existing new role including the Department, in each reach as part of public statewide policies Port Phillip and Westernport consultation activities. Catchment Management Authority, • capacity and capability Melbourne Water, Parks Victoria Implementation detail • the most efficient use of existing and the Victorian Planning • The Yarra River (Birrarung) funding Authority. Protection Bill assigns the • clarity of accountabilities planning function for preparation and reduced duplication and The Yarra MAC considers that of the Yarra Strategic Plan and complexity. Melbourne Water is best placed requires the Birrarung Rivers to undertake this work given its Council. We also considered the new existing capability and base level of • Amend Part 10 of the Water Act governance model should reflect resourcing to do so (staff, systems to enable the development of a best practice in urban water and revenue stream) with minimal strategic planning function (as management and should be able to disruption to its existing business. It outlined). be transferred to other urban rivers also already has: • Minister for Water to assign new across Melbourne and the state5. • accountability for waterway functions to Melbourne Water The Yarra MAC took the view that management planning and with respect to the Yarra River and amend its Statement of creating a new and separate service delivery along the entire length of the river and its Obligations. entity to look after the Yarra River tributaries corridor alone would be at odds with • Annual letter of expectations from the Minister for Water to 30 years of river and catchment • existing land use planning and permit assessment capabilities the Board of Melbourne Water management reform in Victoria and though its stormwater and flood (e.g. date of first plan, detail Melbourne; and we are regarded management functions for consideration in the scope, as a world leader in this area. It is work in partnership with the our view that a small stand-alone • an existing funding stream (the waterways and drainage recognised Traditional Owners, entity would struggle to develop charge) some of which could be and establishment of the the capabilities required to lead directed towards developing the Birrarung Rivers Council). the many established players Yarra Strategic Plan including a • Establish Melbourne Water as a including local government and community vision. recommending referral authority the development industry. We for the amenity of the Yarra considered that such an entity The Yarra MAC considers the River in the Victoria Planning would not have the gravitas new function of preparing and Provisions. necessary to challenge initiatives or coordinating the implementation developments inconsistent with the of the Yarra Strategic Plan vision for the Yarra and to assert needs to be undertaken with the the river’s importance to the many strong involvement of Traditional powerful stakeholders. Having an Owners, relevant agencies and entity solely for the Yarra corridor the community and provide a would also create boundary issues real focus for the Yarra within the with existing agencies, would organisation. potentially disrupt some successful programs and would be an

5 . Table 9 in Protecting the Yarra River (Birrarung) Discussion Paper has the full list of issues and principals considered in evaluating options.

33 Ministerial Advisory Committee Final Report

Governance reforms (cont)

Reformed institutional arrangements

Explanation Implementation detail RECOMMENDATION 9 A core part of the proposed • The Yarra River (Birrarung) Create an independent institutional arrangements is Protection Bill establishes statutory function to audit the a regular, independent audit a requirement for a regular implementation of the Yarra and report to parliament on the independent audit and Strategic Plan every second year. extent to which progress is being report to parliament on the implementation of the Yarra made in implementing the Yarra Strategic Plan. Strategic Plan. This will provide a real incentive to all organisations • Report on the environmental condition of the Yarra River RECOMMENDATION 10 to align their operations to the as part of the State of the Yarra Strategic Plan and implement Assign the auditing function Environment reporting. to the Commissioner for its requirements. The Yarra MAC • The Department, Melbourne Environmental Sustainability (or considers that the audit should Water and the Commissioner be undertaken every two years an existing auditing entity). for Environmental Sustainability and that there are benefits in develop a set of ecological, assigning this new audit role to the amenity, cultural and social Commissioner for Environmental indicators for a ‘State of the Sustainability. Yarra’ Report developed in RECOMMENDATION 11 parallel with the Yarra Strategic Require the Commissioner for The Yarra MAC further recommends Plan. a report on the ‘State of the Yarra Environmental Sustainability • Establish the baseline measures River’ be included in the normal to provide reports on the ‘State (State of the Yarra) as part of the of the Yarra River’ as part of ‘State of the Environment’ reporting 2018 State of the Environment the ‘State of the Environment’ process by the Commissioner Report. reporting. for Environmental Sustainability. This would be consistent with the current focus on aligning Victoria’s environmental reporting efforts. It would assess the extent to which progress is being made towards the desired longer-term outcomes.

34 Protecting the Yarra River (Birrarung)

New legislation

Explanation Implementation detail RECOMMENDATION 12 Legislation is essential to implement • Prepare a Yarra River (Birrarung) Prepare a Yarra (Birrarung) the new policy and planning Protection Bill. Appendix A Protection Bill to establish framework for the Yarra River. At outlines some of the key matters an overarching planning the heart of the new framework that should be dealt with in framework for the Yarra River is the development of a strategic the Bill and for appropriate that coordinates waterway, consultation arrangements. corridor plan including a community public land and infrastructure vision for the river corridor and management, cultural and its catchment linkages, and heritage and statutory land use separate reach-based plans. The planning, with a clear role for development of that vision and amenity planning. The Bill will: preparation of those plans should i. create a requirement for be mandated and regulated the development of a Yarra through legislation. Strategic Plan (community Legislation is also the mechanism vision and corridor plan) by which relevant public bodies, that includes objectives such as statutory corporations, and targets for long–term councils and public land managers outcomes to guide planning can be required to align their and decision-making decisions, priorities, policies and ii. ensure the activities actions with the vision and plans. and decision-making of agencies and councils are Legislation can establish new bodies aligned with delivery of and alter the functions of existing the Yarra Strategic Plan bodies. By this means the functions and progressing towards and powers of Melbourne Water may achieving the long–term be expanded not only to encompass outcomes the development of a vision and iii. require Traditional Owner preparation of plans for the corridor inclusion and community but to broaden its role as a waterway participation management authority to include iv. set out monitoring, protecting and enhancing waterway reporting and independent and landscape amenity. audit requirements v. include a Traditional Owner Clarity of accountability is critical language title: Wilip-gin and legislation is required to Birrarung murron - ‘keep establish the proposed new the Birrarung alive’ reporting and auditing obligations. This includes Melbourne Water’s new planning functions and the requirement that all relevant public bodies must act in a coordinated manner and align their activities RECOMMENDATION 13 and decisions with the Yarra The Department (DELWP) Strategic Plan. should establish appropriate consultative processes during Several submissions asked for the preparation of the Bill. further consultation during preparation of the new legislation including consequential amendments.

35 Ministerial Advisory Committee Final Report

Governance reforms (cont)

Funding arrangements

RECOMMENDATION 14 Explanation The Parks Charge is currently not Authorise Melbourne Water to Many submissions identified the subject to any regulatory oversight use Waterways and Drainage need for secure funding to support and the allocation of funds is not Charge funds for undertaking investment in maintaining and transparent so it is unclear what its new functions as described improving the health and amenity strategic goals drive the investments in Recommendation 6. of the Yarra River. The Yarra MAC and services it supports. noted that there is significant Local Government: Local funding for some, but not all, key government provides significant areas of management. Currently the funding for investments and main funding sources for protecting RECOMMENDATION 15 management activities within the and improving the Yarra River Yarra River and its tributaries. For Review the Melbourne are the Waterways and Drainage example the City of Stonnington Metropolitan Parks Charge to Charge, the Melbourne Metropolitan is spending over $7 million on define the strategic goals/services Parks Charge and councils. it delivers and identify the funding landscape enhancement of the available for supporting priority Waterways and Drainage Charge: Yarra River from Punt Road to projects identified in the Yarra Melbourne Water raises revenue Herring Island. These funds come Strategic Plan. from a Waterways and Drainage from rate revenue, special charges Charge that is paid by property and developer contributions. owners across the Port Phillip In the past, additional funding and Westernport region. This has also been made available charge enables Melbourne Water through consolidated revenue RECOMMENDATION 16 to fund a substantial program of and federal funding to support DELWP, as the responsible works to manage the Yarra River key infrastructure initiatives and department, is to champion and its tributaries. It has a clear pollution reduction measures funding bids through government long–term program for the Yarra (such as bike trails, sewer backlog budgeting processes for priority and generally well defined targets programs). Most recently, funds projects identified in the Yarra and service levels. The program have been made available from Strategic Plan. offers grants to support local the Environmental Contribution government, community groups and levy to assist with stormwater rural landholders. The need for the management. waterways and drainage related services provided by Melbourne There are currently funding gaps, Water, the cost of those services particularly for activities associated and the price of the Waterways with community amenity. and Drainage Charge is subject to regulation by the Essential Services Implementation detail Commission (ESC). • Review the Melbourne Metropolitan Parks Charge and Melbourne Metropolitan Parks report to government by the end Charge: Much of the past of 2017. investment in creating the open • Prepare a business case for space corridor along the Yarra infrastructure and assets River has been funded by revenue investment along the Yarra from the Parks Charge which had River and its parklands – firstly a similar history to the Waterways for funding known priority and Drainage Charge up until 1998 infrastructure projects; secondly when Parks Victoria was created. for ongoing funding for projects Since that time, the revenue from identified in the Yarra Strategic the charge is currently paid into Plan. the Parks and Recreation Trust Account (PRTA) administered by the Secretary of the Department.

36 37 Expanding the model across Melbourne

The Yarra MAC developed recommendations to improve the management of the Yarra River as required in our Terms of Reference. The Terms of Reference also required us to look at the broader application and transferability of the recommendations to other waterways (such as the Maribyrnong River).

“A collaborative, In our view other major urban If the geographic scope is broadened joined-up approach rivers in the Greater Melbourne to include the whole of the Greater region, including the Maribyrnong Melbourne region and Port Phillip would provide focus and Werribee rivers, face similar and Western Port bays then there on protecting and challenges. This was supported by would be an opportunity to consider enhancing the councils along the Maribyrnong and and evaluate a more significant other members of the community institutional reform that harnesses liveability of Melbourne during the consultations. the potential energy and synergies as it rapidly grows” of bringing together the full suite The Yarra MAC has developed of open spaces management, these recommendations to provide waterway management and focus and effective delivery of the coast and bays management. A Yarra Strategic Plan and also to collaborative, joined-up approach enable the new management model would provide focus on protecting to be easily extended to include and enhancing the liveability of other rivers in the Port Phillip and Melbourne as it rapidly grows. Westernport catchments, should the government wish to do so. It could even be extended to urban rivers in other cities in the state.

38 Protecting the Yarra River (Birrarung)

An opportunity for a Melbourne-wide approach

RECOMMENDATION 17 c. establish long-term waterways, coasts and bays. This Expand the Yarra model to funding arrangements would provide a more integrated protect other major Melbourne d. identify the preferred network approach to the protection rivers and their open spaces open space footprint and improvement of blue and green such as the Maribyrnong and of Melbourne’s key infrastructure for the enjoyment Werribee rivers. waterways and in of current and future Melburnians. particular those under It would be the environmental sustained growth equivalent of the major pressure (e.g. Werribee infrastructure build now being River) and plan to undertaken in Melbourne and would RECOMMENDATION 18 secure this. be a truly city shaping initiative. In recognition of the importance iv. Report to the Victorian This would create the opportunity of green open spaces, Government on an for this generation to contribute a waterways, coasts and bays to improved integrated ‘third wave of visionary planning’ to the liveability and ecological institutional model by the liveability of Melbourne. health of Melbourne, establish a December 2017. joint Taskforce reporting to the The institutional arrangements for DELWP Secretary that brings the management of waterways and parklands are currently together the skills of DELWP, Explanation Melbourne Water, Parks Victoria separated with a strong focus and local government. The Yarra MAC’s Discussion Paper on efficient service delivery. The highlighted that the Yarra River and its Yarra MAC questions whether i. Investigate the potential parklands are the legacy of two eras this ‘city servicing’ structure is benefits of combining of visionary planning combined with suitable for the ‘city shaping’ waterway management, a commitment (and the necessary planning and infrastructure delivery open space, bay and investment) to implement the plans agenda required to maintain coastal management for across several decades (city founding the liveability of Melbourne with greater Melbourne. era of the late 1800s and post-war significant population growth. A ii. Develop an integrated population growth and environment more integrated, multi-objective vision and strategy for protection era of the 1970s). and joined-up decision-making Melbourne’s waterways, approach is required to sustain open spaces, coasts Melbourne is now in its third and years of effort and strong and bays to improve largest wave of population growth. collaboration with local government Melbourne’s liveability and As we move well beyond 4 million and other stakeholders. ecological health. residents, the liveability that iii. Establish ongoing Melbourne relies on for its economic To implement this much broader collaborative governance attractiveness and prosperity, will agenda would require bringing arrangements between be challenged. The government together the combined roles, DELWP, Traditional is already investing in upgrades capabilities and strengths of Owners, Parks Victoria, to our major water and transport Melbourne Water, Parks Victoria, local Melbourne Water and local infrastructure to cater for this government and key parts of the government to: population growth. It is the Yarra Department into a dedicated entity a. deliver the integrated MAC’s view that the same focus that is focused on the protection vision and strategy and attention is needed on the and improvement of Melbourne’s b. synergise delivery of protection and improvement of all waterways, parklands, coasts and related projects from Melbourne’s river parklands and bays as urban natural assets. the Water Plan, Plan urban natural places. Melbourne, Port Phillip Implementation detail Bay Environmental Planning for the projected • Establish a joint Taskforce Management Plan population growth of Melbourne reporting to the Secretary of (EMP) and Yarra MAC requires a major focus on the the Department of Environment, recommendations provision and quality of open Land, Water and Planning by spaces and parklands across December 2017. the city and this should include

39 Ministerial Advisory Committee Final Report

Supporting projects

The Yarra MAC has identified several actions that are required to support the development and implementation of the Yarra Strategic Plan including:

• Support the Wurundjeri Council RECOMMENDATION 19 heritage sites along the Yarra River and local governments along Map the Traditional Owner for the reaches extending upstream the Yarra to immediately and tangible and intangible cultural of the waterway’s urbanised actively participate in the values along the full length of catchment area. Traditional Owner planning processes which will tax the Yarra River. tangible and intangible cultural their existing resources at short values have intrinsic importance to notice. the Wurundjeri people; therefore, • Preserve the full footprint of Explanation documenting such material ought the river and its Crown land as not to be limited to statutory it stands today until the Yarra It is important to identify and triggers. Strategic Plan is sufficiently understand both the tangible developed to provide guidance and intangible Traditional Owner Detailed cultural heritage site about priority areas for cultural values along the Yarra River assessments remains a large preservation. to inform the ongoing development information gap for the Wurundjeri • Improve the regulation of of a community vision and Yarra Council who do not currently have stormwater management. Strategic Plan. either the budget or resources • Align potentially competing to undertake such an extensive An important first step is to processes. project. undertake a desktop study to assist in identifying both the tangible and Implementation detail intangible values of the Wurundjeri Work with the Wurundjeri Council to people. Developing an in-depth establish the methodology, project understanding of such values plan and timelines to record both (particularly the intangible cultural tangible and intangible cultural values) will require considerable values along the Yarra River. time and investment and is therefore beyond the scope of a desktop study. The timeframe for understanding Wurundjeri cultural values must be realistic and take into account Wurundjeri Council’s resources and capacity. Such a process would extend well beyond the timeframe associated with the development of the community vision for the Yarra Strategic Plan.

Identification of cultural Aboriginal Places along the Yarra River is largely as a result of Wurundjeri Council’s Registered Aboriginal Party (RAP) status with requirements for planning permits for the (re) development of Wurundjeri homelands. There is currently very little data within the Victorian Aboriginal Heritage Register (VAHR) on cultural

40 Protecting the Yarra River (Birrarung)

RECOMMENDATION 20 RECOMMENDATION 21 RECOMMENDATION 22 Support the Wurundjeri Introduce the stronger planning Establish a moratorium on the Council to play an active and controls along the Yarra reduction of Public Acquisition ongoing role in protecting and River that are currently under Overlays (PAOs) or sale of improving the Yarra River and development as quickly as public land along the Yarra its parklands. possible, and expand this work River corridor until the Yarra as part of the Yarra Strategic Strategic Plan is finalised. Plan to other areas along the Explanation Yarra River. Developing the Yarra Strategic Explanation Plan will need significant input There are Public Acquisition from the Wurundjeri Council and Explanation Overlays (PAOs) on private land expert advice to recognise, protect The Department is working with along the Yarra River largely and promote both tangible and Banyule, Boroondara, Manningham, resulting from the green wedge intangible values. The Wurundjeri Nillumbik, Stonnington and Yarra and green corridors protection Council require support to build councils and with Melbourne planning. These PAOs represent a their capacity to support such a Water to prepare and implement state liability that the Department large program of works. stronger planning controls along can reduce by removal or reduction the Yarra River. These aim to in the area to which they apply. Implementation detail protect the landscape values Normally such processes (for • The Department provides regular of the river between Richmond removal of PAOs) do not involve briefings on policies, regulatory and Warrandyte, an area under consulting the community. systems and other relevant increasing development pressure. topics. This work has recently: The Yarra MAC’s view is that it would be prudent to place a moratorium • Provide financial support to • strengthened the State Planning build the capacity of Wurundjeri Policy Framework, implementing on the reduction of PAOs and sale Council representatives to for the first time a Yarra River of Crown land along the Yarra until actively participate in the Yarra protection planning policy that they could be reviewed as a whole River’s governance structures identifies the river’s metropolitan against the community vision, including the Birrarung Rivers significance and provides objectives and Yarra Strategic Plan. Council and the Taskforce. guidance to councils about • Provide financial and technical decision-making. Implementation detail support for a dedicated project • strengthened overshadowing • Direct the Department to cease manager to support the controls in the Melbourne central removal or reduction in areas of Wurundjeri Council’s ongoing business district to ensure that PAOs or sale of Crown land near participation in protecting and tall buildings do not overshadow the Yarra River until the Yarra promoting the Yarra River and the Yarra River and its banks. Strategic Plan is completed. Traditional Owner intangible and During the consultation process we • If government decides to expand tangible cultural heritage values. found broad support for this work the focus of protecting the Yarra across the community and councils. River to include the Maribyrnong and Werribee rivers then direct Implementation detail the Department to also stop • Implement the stronger planning removing or reducing the area controls that have been of PAO’s and not sell Crown land developed as quickly as possible. along the Maribyrnong and Werribee rivers until a Strategic River Corridor Plan is in place.

41 Ministerial Advisory Committee Final Report

Supporting projects (cont)

RECOMMENDATION 23 Implementation detail RECOMMENDATION 26 DELWP to review all PAOs and Use the community consultation Review and restructure the 833 land acquisition opportunities process for the development Crown land reservations along the along the river to enable of the community vision and Yarra River to: alignment with the Yarra Yarra Strategic Plan to also Strategic Plan. • consider and protect the river meet the requirements for and its public lands as the one the development of water whole, integrated, natural asset quality standards for the Yarra • consistently apply suitable under the State Environment reservations and recognise the Protection Policy (Waters of RECOMMENDATION 24 different uses/precincts in the Victoria). DELWP to review and update Yarra Strategic Plan Crown land reservations along • facilitate development at nodes identified for more intense uses. the river to enable alignment Explanation with the Yarra Strategic Plan. There is a reasonably high level of satisfaction with the quality and RECOMMENDATION 25 amenity of the Yarra River corridor Explanation Extend Clause 56 of the and Melbourne’s waterways in There are more than 139,000 Victoria Planning Provisions general. This is a legacy of significant hectares of Crown land in 830 best practice stormwater planning and investment over parcels associated with the Yarra management standards for many decades but in particular, River (including its headwaters). residential subdivisions to the initiatives of the 1970s and There are a multitude of apply to commercial and 80s that saw major investment in different reservations and land industrial subdivisions to assist sewering Melbourne’s sprawling management arrangements with in maintaining the water quality suburbs, the creation of the EPA and some volunteer committees of in the Yarra River at the current the introduction of world-leading management having no funding levels. Note that to make a regulation of industrial pollution. sources. Each area is managed marked difference in the water Now, stormwater run-off from outer according to local priorities and quality in the lower Yarra River suburbs remains the biggest problem. there is no requirement for an will require further significant integrated approach to managing Virtually all of Melbourne’s existing policy and regulatory changes. the linear network of parklands urban area is serviced by drainage or to improving the community infrastructure that discharges benefits provided from the asset stormwater run-off directly into base (such as linkages that connect waterways, including the Yarra. communities and destinations). There are over 10,000 kms of council drains and 400 kms of These reservations need to be Melbourne Water drains that collect reviewed and refreshed to align stormwater from properties and with the goals of the Yarra Strategic roads across 935 square kilometres Plan. For example, once a node for of urbanised land in the Yarra more intense uses is identified the catchment. parcels of Crown land in this area ought to be restructured to facilitate Since the mid-1990s, the EPA, ongoing management and, where councils and Melbourne Water have appropriate, private investment. invested much time and effort in improving stormwater management

42 Protecting the Yarra River (Birrarung)

to reduce pollution. Several major These are important initiatives of urban development with investigations and plans have of government but it is the Yarra minimum on-site requirements addressed water quality in the Yarra MAC’s view that an improvement in and an option to use credits or and many of the actions in these Yarra River water quality will not be trading for part of the standard. plans have been implemented. achieved by anything like a business (Clause 56 of the Victoria These efforts have maintained the as usual approach. Achieving a Planning Provisions currently only requires BPEM standards in water quality and avoided further further significant improvement in residential subdivisions) decline even though there has been water quality in the Yarra is likely to significant population growth and require a vision and commitment • authorised protection officers to address localised pollution urbanisation in the catchment. as ambitious as that of the 1970s and waste complaints under the Despite these successes, by far the when the EPA was created, and Environment Protection Act 1970 most frequently raised issues in when a huge investment was (as recommended by the recent the Yarra MAC’s consultation with made in the backlog sewering of EPA Inquiry). stakeholders and community were Melbourne’s suburbs. A ‘stormwater river health and water quality. improvement program’ aiming This will need to be considered in to achieve a substantial change the development of the community It is the MAC’s view that considerable in Yarra River quality in line with vision, outcomes and targets in the further effort is required if water community expectations would Yarra Strategic Plan. quality is to be maintained at need to include: the current levels into the future • a role for the EPA that Implementation detail given the projected population requires Melbourne Water • Prioritise actions in the Water increases. The Yarra MAC has and local governments to for Victoria Plan addressing recommended an extension to the develop a stormwater plan stormwater management in the existing stormwater management and be accountable for its Yarra Catchment. regulations so that they apply to all effective implementation • Expedite the development of an subdivisions (including commercial including adopting consistent integrated water management and industrial developments) not environmental performance strategy for the Yarra Catchment just to residential developments as standards as defined by the and as part of this process: Urban Stormwater Best Practice at present. –– investigate options for Environmental Management stormwater management Guidelines The Water for Victoria Discussion policy and regulatory change Paper proposes that five regional • introducing a new duty of care akin to the ‘Backlog sewer plans be developed for Melbourne provisions in the Environment program’ in the 1970s and to identify its long-term water Protection Act (as recommended 1980s. by the recent EPA review) - servicing needs. These plans –– set the waterway health and Melbourne Water and councils should allow for local stormwater water quality target, at a to demonstrate their ‘duty of standards and the actions to minimum, maintain today’s care’ through implementation of achieve them. It is important that standards. stormwater management plans these standards are driven by • Extend Clause 56 of the • requiring measures such as outcomes including river health Victoria Planning Provisions diversion of stormwater to sewer and the Yarra Strategic Plan is an best practice stormwater where chronic and otherwise important input. management standards for hard to treat contamination residential subdivisions to apply exists The Yarra Strategic Plan should to commercial and industrial also contribute to the current • applying the new Urban subdivisions. revision of the State Environment Stormwater Best Practice Protection Policy (SEPP) for the Environmental Management (BPEM) standards to all forms Yarra River and its catchment.

43 Ministerial Advisory Committee Final Report

Supporting projects (cont)

RECOMMENDATION 27 Support councils along the Yarra River to contribute to the development of the Yarra Strategic Plan and implementation in their local government area.

Explanation Developing the Yarra Strategic Plan will require a sizeable contribution from councils along the Yarra. Given the Yarra is a state-significant asset, the Yarra MAC proposes that the state assists councils to establish a dedicated senior officer role to lead the coordination of planning and open space management across council portfolios (stormwater management, parklands, recreational facilities, planning, events) and to participate in a ‘joined-up’ approach to protecting and improving the Yarra River and its parklands. This will greatly help the timely access to information and championing of the ‘joined-up’ approaches within councils.

Implementation detail • Provide funding contributions towards a senior project officer at councils along the Yarra River to coordinate planning and open space management across council portfolios and actively participate in the development of the Yarra Strategic Plan for several years.

44 Protecting the Yarra River (Birrarung)

45 Early start actions During the Yarra MAC’s investigations and stakeholder consultations, several opportunities for immediate on-the-ground action stood out as being consistent with the likely future directions of a Yarra Strategic Plan and the implementation of our other recommendations.

These actions could be started RECOMMENDATION 28 Implementation detail immediately and progressed while Melbourne Water to commence • The Minister for Water requests the legislation is being prepared, development of the Yarra Melbourne Water commence and the new administrative Strategic Plan and community development of the Yarra arrangements established. vision as quickly as possible. Strategic Plan and community vision (subject to agreement of These actions include: the Minister for Planning). • starting to develop the Explanation community vision and Yarra Finalising the formal administrative Strategic Plan ahead of arrangements for Melbourne administrative orders to do so Water’s new planning function could • actions to support and facilitate take 12 months or more. implementation of the Yarra Strategic Plan, particularly those Meanwhile Melbourne Water could actions with long lead times start developing the Yarra Strategic • develop and implement solutions Plan (including the community at locations where there has vision) subject to the agreement been long standing community of Melbourne Water, Minister for concerns, and numerous plans Water and the Minister for Planning. prepared and for which there are In particular Melbourne Water widely supported development could commission the background proposals investigations and preliminary • implementing stronger planning works needed to inform, and provide controls. the evidence basis for the planning.

46 Protecting the Yarra River (Birrarung)

RECOMMENDATION 29 to public acquisition overlays RECOMMENDATION 30 Provide Melbourne Water (or with long-term implications for Implement the stronger another appropriate entity) public access and landscape planning controls already with immediate funding to amenity. Some early planning and under development for the lead the development and investment is needed to guide, and Maribyrnong River. implementation of solutions to make use of, the opportunities that two areas where there has been redevelopment provides to create Explanation long standing community issues, better outcomes for the community. numerous plans undertaken and The Maribyrnong River is a unique Implementation detail for which there are currently environment and a resource significant development • Master planning: for Melbourne’s western and proposals. These are: 1. Undertake a preliminary northern suburbs. Members master plan exercise for of the local community have a i. secure the footprint, provide the corridor between the strong attachment to the river: all abilities access, and Abbotsford Convent and they appreciate its industrial and connect the Yarra Main Trail Walmer Street in Abbotsford, cultural heritage, and recreational between Victoria Street to with a particular focus on and environmental values. There Dights Falls continuity of the Main Yarra is still a sense of remoteness in the Trail, opportunities to provide ii. develop an integrated upper reaches of the river. safe access to a wider range precinct plan to provide of users (‘all abilities’) and to The Department, in consultation direction to the future provide connections where with the relevant councils, has land use changes for the there are gaps in the trail and reviewed existing studies and Yarra corridor between trail quality. The development Bolin Bolin Billabong and of the Abbotsford riverside the planning controls along the Yarra Valley Country between Flockhart and Gipps the Maribyrnong River, and the Club that recognises the Streets has the potential to recommendations in previous internationally significant become an important link in studies such as the Maribyrnong arts and culture precinct, Melbourne’s public open space River Valley Design Guidelines. The Traditional Owner cultural and trail network and would review has identified that specific values, environmental open the stretch of riverside areas along the Maribyrnong River values of the wetlands and to the public which is currently would benefit from site-specific inaccessible. provides certainty to land height controls, and a review and owners and developers. 2. Undertake a preliminary local application of an Environmental master plan for the corridor Significance Overlay that is between Bolin Bolin Billabong currently being conducted by Explanation and the Yarra Valley Country Melbourne Water. Club to a level needed to Two locations stand out as priorities confirm future land use Implementation detail for early master planning in priorities. This precinct has • Implement planning controls to the opportunity to become an parallel with the development of protect the Maribyrnong River as integrated cultural precinct, the community vision and Yarra quickly as possible. Strategic Plan – the suburban reach centred on the relationship between Walmer Street and Victoria between the arts, nature and Street and the corridor between Traditional Owner heritage. The precinct has a number of Bolin Bolin Billabong and the Yarra public acquisition overlays and Valley Country Club. These were land use opportunities that readily identified by the community, should be reviewed as a whole. councils and agencies during the consultation process. • Infrastructure projects 1. Secure the footprint, provide A couple of infrastructure projects all-abilities access, and were also identified. These have connect the Yarra Main Trail languished for many years and between Victoria Street to some background technical Dights Falls (removing the need investigations have been completed to use the Gipps Street steps). but they have lacked an overarching 2. Restore natural stormwater champion to lead and broker the flow regimes into the Bolin Bolin commitments required by the Billabong. various organisations. They are in areas that are currently subject to significant land development proposals and involve land subject

47 Ministerial Advisory Committee Final Report

Glossary

Amenity Amenity is a term broadly used in this report to encompass those aspects of the Yarra River that enhance community wellbeing. For people, the river provides: a way of connecting with nature; an escape and place for reflection; interesting and enjoyable landscapes; a place for recreation and social interaction; and opportunities to connect with culture and heritage. These amenity values are dependent on: the health and naturalness of the river and the abundance of plants and animals; infrastructure such as trails, signage and other facilities; the cleanliness of the waterway and surrounding landscape (appearance, odour, litter etc.); ability to access the waterway; and the quality and extent of open space.

Biodiversity The numbers and variety of plants, animals and other living beings, including micro- organisms, across our land, rivers and oceans. It includes the diversity of their genetic information, the habitats and ecosystems in which they live and their connections with other life forms.

Catchment An area of land where run-off from rainfall goes into one river system.

Catchment Government authorities established to manage river health, regional and catchment management planning, and waterway, floodplain, salinity and water quality management. authorities

Community Includes individuals, public and private landholders, community groups and business owners.

Country Traditional Owner culture revolves around relationships to the land and water. For Traditional Owners, Country is a part of who they are, just as they are a part of it.

Corridor The waterbody and public land adjacent to it including parklands and public open spaces.

Ecosystem A dynamic complex of plant, animal, fungal and microorganism communities and the associated non-living environment interacting as an ecological unit.

Environmental A legally recognised, secure share of the water resources to be taken from a water system Water to maintain the environmental values of a water system. Entitlement

Floodplain Land subject to overflow during floods and that is often valuable for its ecological assets.

Gigalitre (GL) One billion (1,000,000,000) litres.

Point source Any single identifiable source of pollution from which pollutants are discharged such as a pipe, ditch, or site.

Riparian land Land or vegetation that adjoins a river, creek, estuary, wetland or lake.

Riverscape The wider landscape setting of the river corridor, defined by ridgelines at the extremity of the viewshed.

Sewage Wastewater produced from household and industry.

Sewerage The pipes and plant that collect, remove, treat and dispose of liquid urban waste.

Stormwater Run-off from urban areas. The net increase in run-off and decrease in groundwater recharge resulting from the introduction of impervious surfaces such as roofs and roads within urban development.

48 Protecting the Yarra River (Birrarung)

Traditional People who, through membership of a descent group or clan, are responsible for caring Owners for particular Country. A Traditional Owner is authorised to speak for Country and its heritage as a senior Traditional Owner, an Elder or, in more recent times, a registered native title claimant.

Wastewater Water that has had its quality affected by human influence, deriving from industrial, domestic, agricultural or commercial activities.

Waterway Waterway condition (or waterway health) is an umbrella term for the overall state of key condition/ features and processes that underpin functioning waterway ecosystems (such as species Waterway health and communities, habitat, connectivity, water quality, riparian vegetation, physical form, and ecosystem processes such as nutrient cycling and carbon storage).

Waterways Rivers and streams, their associated estuaries and floodplains (including floodplain wetlands) and non-riverine wetlands.

Wetlands Inland, standing, shallow bodies of water, which may be permanent or temporary, fresh or saline.

Yarra River The water body and the public parklands and public open spaces connected with the corridor Yarra River.

49 Ministerial Advisory Committee Final Report

Appendix A Outline of Yarra River (Birrarung) Protection Bill

Preamble have regard in exercising powers and performing functions (see below); The Bill should have a Traditional Owner language title: Wilip-gin Birrarung murron - “keep the Birrarung alive”. f. to provide for independent auditing and reporting on the implementation of the Yarra Strategic Plan; There should be a preamble to the Bill that recognises g. to empower the Commissioner for Environmental the past and ongoing stewardship of, and connection to, Sustainability to report on the state of the Yarra. the Yarra River of the Wurundjeri people, as the original custodians of the land through which the Yarra River This Part should also require relevant bodies to act in flows. It should further refer to the importance of the accordance with the following principles in exercising Yarra River to Melbourne and Victoria and express the powers or performing functions: intention of the Parliament to ensure that it is kept alive 1. Sustainability principles and healthy for the benefit of future generations. i. Sound environmental practices and procedures should be adopted as a basis for ecologically Part 1-Preliminary sustainable development for the benefit of This Part should define the various terms used in the all human beings and the environment today, Bill and provide for the specification of the public and while considering the environmental, social and private land in relation to which powers exercised under economic needs of future generations. the Bill may be exercised. ii. This requires the effective integration of environmental, social and economic considerations A statement of the objectives of the Bill should also be in decision-making processes with the objective of included. Suggested objectives are as follows: improving community well being and benefitting a. to establish a new management framework for the future generations. Yarra River that will— iii. The environmental practices and procedures i. provide for its protection, conservation and adopted should be cost-effective and in proportion improvement; and to the significance of the environmental risks and ii. ensure the maintenance and enhancement of consequences being addressed. waterway health, community access to, and use 2. Precautionary principle and amenity of, the Yarra River; and i. If there are threats of serious or irreversible iii. ensure the conservation of biodiversity, and the environmental damage, lack of full scientific ecologically sustainable management of natural certainty should not be used as a reason for resources; and postponing measures to prevent environmental iv. seek to make the Yarra River as resilient to degradation. climate change as is reasonably possible; and ii. Decision-making should be guided by — v. provide for the conservation, management and a. a careful evaluation to avoid serious or control of flora and fauna; irreversible damage to the environment vi. safeguard the needs of future generations; wherever practicable; and b. to provide for the development of a unifying b. an assessment of the risk-weighted community vision for the Yarra River and the making, consequences of the options. with community participation, of an integrated Yarra 3. Intergenerational equity Strategic Plan and master plans for each reach of the Yarra River; The present generation should ensure that c. to strengthen arrangements for, and ensure the health, diversity and productivity of the community participation in, the management of environment are maintained or enhanced for the the Yarra River by providing for the carrying out benefit of future generations. of planning, coordinating, advisory, reporting and 4. Biodiversity and ecological integrity educative roles; d. in recognition of their spiritual, social, cultural and Biodiversity and ecological integrity should economic relationship with the Yarra River, to involve be maintained or enhanced as part of the the Wurundjeri people, as the original custodians of irreplaceable life support systems on which the the land through which the Yarra River flows, in the earth depends. new governance and decision-making processes; 5. Shared responsibility e. to promote and facilitate the integrated management of the Yarra River by— Protection of the environment is a responsibility i. aligning the decisions, priorities, policies and shared by all levels of government and industry, actions of all relevant public bodies with the vision, business, communities and the people of Victoria. Plan and master plans mentioned in paragraph (b); and ii. specifying common principles to which they must

50 Protecting the Yarra River (Birrarung)

6. Integrated decision-making approved, to be tabled in Parliament.

There should be coordination between all levels The initial strategic plan is to be prepared within 2 years of government and government agencies when of the commencement of the Act. All Plans are to be designing policies and making decisions. reviewed at least every 10 years, or sooner if desired. 7. Net gain MW should be empowered to investigate and research There should be a net gain for the environment any matter related to its functions, powers and duties in arising out of any individual action or policy that relation to the Yarra River. has an environmental impact. 8. Best practice All relevant public bodies (that is, relevant councils, state government bodies and managers of Crown land When designing policies and programs, the best including the MW Corporation) should be required to practicable measures available at the time should align their decisions, priorities, policies and actions be used. with the Plans and take a coordinated approach 9. Continuous improvement to the protection, management, improvement and Implementation of natural resource management governance of the Yarra River and implementation of should aim for continuous improvement and the Plans. extend beyond compliance with relevant laws and MW should be required to: requirements. • establish mechanisms for monitoring the 10. Principle of integrated environmental management implementation of the Yarra Strategic Plan and If approaches to managing environmental impacts master plans and whether decisions and actions of on one segment of the environment have potential the specified bodies are in conformity with the Yarra impacts on another segment, the best practicable Strategic Plan and master plans; environmental outcome should be sought. • establish targets for ecological health, amenity and 11. Accountability and transparency cultural values of the Yarra River and mechanisms for evaluating achievement of those targets; i. Members of the community should be given — • report to the Commissioner for Environmental a. access to reliable and relevant information in Sustainability (or other auditing entity) and the appropriate forms; and community on the delivery of the Yarra Strategic b. opportunities to participate in policy and Plan; program development. • provide advice to the Minister on the state of the ii. Decisions should be made in a transparent Yarra River and on any matter related to its functions manner and be made public. under the Bill; 3. 12. Principle of enforcement • provide advice to planning authorities so that provision is made in planning schemes for realisation Enforcement of environmental requirements should of the Vision and Yarra Strategic Plan; be undertaken for the purpose of— • advise the Minister for Planning on matters relating a. better protecting the environment and its to land use development on land connected with the economic and social uses; and Yarra River; b. ensuring that no commercial advantage is • do anything else reasonably necessary to achieve the obtained by any person who fails to comply with objectives of the Bill and perform its functions under it. environmental requirements; and c. influencing the attitude and behaviour of Part 3-Birrarung Rivers Council persons whose actions may have adverse This Part should require MW to establish a body to be environmental impacts. known as the Birrarung Rivers Council comprised of: Finally, this Part should provide for the application of a. an independent chair; the Bill to the Crown in its various capacities. b. at least 2 persons nominated by the Wurundjeri Tribe Land and Compensation Cultural Heritage Council Part 2-Vision and Plans Inc. to represent the Traditional Owners of the land In the application of the Bill to the Yarra River, the Bill through which the Yarra River flows; should confer on Melbourne Water (MW) the function of c. representatives of Parks Victoria, the Department establishing a new Vision, and an overarching strategic of Environment, Land Water and Planning, the EPA, plan, for the Yarra River and separate plans for each 2 councils along the Yarra River and the Victorian reach or specific areas within each reach of the Yarra Farmers Federation; River (Plans). d. an environment advocate;

This Part should provide for the procedure for the e. experts in relevant fields and community representatives. making of the Plans, require them to be approved by relevant public bodies and relevant Ministers and, when

51 Ministerial Advisory Committee Final Report

The council is to have an advisory role in relation to the This Part should also amend any Act under which preparation by MW of the Plans and must: a relevant public body (including MW) operates to 1. report annually on development of those Plans and require it to align its decisions, priorities, policies and on the extent to which public bodies have aligned actions with the vision and Plans prepared under Part their decisions, priorities, policies and actions with 2 and take a coordinated approach to the protection, them and are taking a coordinated approach to management, improvement and governance of the the protection, management, improvement and Yarra River and implementation of the Plans. governance of the Yarra River and implementation of the Plans; Finally this Part should amend the Commissioner for Environmental Sustainability Act 2003 to recognise the 2. act as a champion for the Yarra River; new functions conferred on the Commissioner by Part 4. 3. promote community awareness and understanding of the importance of land and water resources and of their sustainable use, conservation and rehabilitation; 4. facilitate public participation in the development of the Plans and the work of managing and governing the Yarra River

MW should be required to ensure that the Council is adequately resourced to perform its functions.

Part 4-Auditing and reporting

This Part should empower the Commissioner for Environmental Sustainability (or other auditing entity) to conduct an audit on the work of MW in relation to the Vision and Plans and on the extent to which they are being implemented by relevant public bodies and are proving effective and report the audit outcome bi- annually to Parliament.

The Commissioner for Environmental Sustainability should be required to include in the State of the Environment Report a report on the state of the Yarra River

Part 5-Consequential and Other Amendments

This Part should amend Part 10 of the Water Act 1989 to provide for a new function of protecting and enhancing the amenity of a waterway and its connected public and private land. MW as the waterway management authority for the Yarra River and designated land along the Yarra River, should be assigned this new function. The Minister should be empowered to also confer the same function on MW for any other waterway within its waterway management district and on any other Authority under Part 10 of the Water Act 1989 for any waterway within the waterway management district of that Authority.

52 Protecting the Yarra River (Birrarung)

Appendix B Terms of Reference Introduction 1. The Yarra River is a highly valued natural asset that 8. It is anticipated that to protect the Yarra’s defines Melbourne’s liveability and provides a variety significance and amenity and help it recover from of cultural, environmental, social and economic previous and ongoing land use impacts, the following benefits to Victoria. problems need to be addressed: 2. The Yarra River runs for approximately 242 km from a. Private land holdings and development intruding its source in the Yarra Ranges National Park, through and encroaching along the banks of the Yarra River the Yarra Valley to its mouth at the head of Port diminish the public’s experience of an iconic river. Phillip in Newport. It traverses a variety of urban, b. Unacceptable and increasing levels of polluted semi-rural, rural and pristine wilderness landscapes water and substantially altered flow regimes in the and 11 municipalities (Banyule, Baw Baw, Boroondara, Yarra River catchment threaten environmental Hobsons Bay, Melbourne, Manningham, Maribyrnong, health. Nillumbik, Stonnington, Yarra and Yarra Ranges). a. Complex institutional and regulatory arrangements 3. The responsibility for managing the Yarra River may be one of the barriers to addressing these and the land and tributaries in its catchment rests problems. with several public bodies including the Secretary, Department of Environment, Land, Water and Definitions Planning, Parks Victoria, Melbourne Water, Port Phillip and Westernport Catchment Management 9. In these Terms of Reference− Authority and the 11 municipalities. Committees of management, non-government bodies and many Committee means the Ministerial Advisory Committee private sector interests also play a role in, and value, for the Yarra River; the Yarra River (e.g. Port of Melbourne Corporation, Yarra Riverkeepers Association, and the Yarra River Codes of Conduct mean – the Directors’ Code of Business Association). Conduct and Guidance Notes issued by the Victorian 4. The Victorian Government has committed to Public Sector Commission (published at − introduce a Yarra River Protection Bill and to http://vpsc.vic.gov.au/resources/directors-code-of- establish a trust to protect the Yarra River from conduct-and-guidance-notes/); inappropriate development and promote its amenity and significance. The Government is also committed Department means the Department of Environment, to improving the health of waterways, catchments Land, Water and Planning; and riparian environments, including the Yarra River and its catchment. DPC Guidelines means the Appointment and 5. The Government is introducing strengthened Remuneration Guidelines for Victorian Government planning controls to protect parts of the lower and Boards, Statutory Bodies and Advisory Committees middle sections of the Yarra River from immediate issued by the Department of Premier and Cabinet development pressure. The Department is working (published at−http://www.dpc.vic.gov.au/index.php/ with the 11 councils to ensure the amended planning policies/governance/appointment-and-remuneration- controls will achieve the best outcomes for guidelines); development along the Yarra River corridor. 6. All of Melbourne’s rivers and waterways are highly Key Issues and Opportunities means the key issues and valued assets to the state. Melbourne’s other opportunities set out in paragraph 17 of these Terms of iconic waterway - the Maribyrnong River, and other Reference; significant waterways will be improved and protected from inappropriate development in the future. Melbourne Water means Melbourne Water Corporation 7. The Government is establishing this Committee to established under Schedule 1 of the Water Act 1989; provide assistance in engaging with the community Member means a member of the Committee and and other stakeholders and to provide advice and a recommended action plan for the improved includes a reference to the chairperson unless the management, promotion and protection of the Yarra contrary intention is expressed; River.

53 Ministerial Advisory Committee Final Report

Ministers mean the Minister administering the in writing or that the Committee thinks fit to Planning and Environment Act 1987 and the Minister include. administering the Water Act 1989; 12. All outputs must be provided by the dates agreed PA Act means the Public Administration Act 2004; with the Project Control Board.

Project Control Board means the group of executive 13. The Committee is subject to the general direction directors selected from the Planning Group, the Water of the Ministers regarding the performance of its and Catchments Group, the Local Infrastructure Group functions and meeting these Terms of Reference. and the Land, Fire and Environment Group of the Department to govern the Yarra River Project; 14. The Committee is subject to the general direction of the Project Control Board for how and Public sector employee has the meaning given in when it performs its functions. section 4(1) of the PA Act; 15. Members must work collaboratively with Referral authority includes a determining referral the Secretariat, the Project Control Board and the authority and a recommending referral authority and Department to produce the outputs. each of these terms has the meaning given in section 3 of the Planning and Environment Act 1987; 16. Members must be respectful of all views, engage in a constructive manner and genuinely seek the Secretariat means the group of Departmental staff best outcomes. described in paragraph 68; Key issues and opportunities Secretary means the body corporate established by section 6 of the Conservation, Forests and Lands Act 1987; 17. The Committee is required to address the following matters: Yarra River means the River Yarra Yarra; Defining the Issues Yarra River corridor means all the bed, soil and banks 1. What are the current and emerging issues of the Yarra River and all land that abuts the Yarra River for the Yarra River that are impacting on its or is within 20 metres of the upper lip of the banks of the environmental cultural, social and economic Yarra River; values?

Yarra River catchment means the area which, through Institutional and regulatory arrangements run-off or percolation, contributes to the water in the 2. In relation to the statutory bodies with powers Yarra River and all its tributaries. and functions affecting or relevant to the Yarra River − Establishment Of Ministerial Advisory Committee a. What are the existing powers and functions of 10. The Ministers establish a ministerial advisory these statutory bodies? committee, to be known as the Yarra River Protection b. What opportunities are there to improve these Ministerial Advisory Committee, effective from the date powers and functions to address the issues for of these Terms of Reference. the Yarra River? 3. What are the options and net benefits for Functions and accountabilities establishing an entity, including a statutory trustee, to contribute to the management, 11. The functions of the Committee are to − promotion and protection of the Yarra River? a. produce a written discussion paper for public 4. What would be the role, power and functions of comment on the Key Issues and Opportunities; any entity and/or trust for the Yarra River? b. assist the Department in engaging with relevant agencies, councils, members of the community and Land use planning and development other stakeholders on the discussion paper; 5. In relation to the referral of planning applications c. oversee the collation of evidence and data from − relevant persons and agencies on the Key Issues a. Are the relevant criteria and powers of and Opportunities, as needed, for the discussion referral authorities sufficient to address land paper and report to the Ministers; and developments that affect the Yarra River? d. provide to the Ministers a report with advice and b. Are there other matters of concern or other findings on the Key Issues and Opportunities, statutory bodies that should be included in the a recommended action plan and a strategic referral process? framework which sets out a vision for the Yarra River, and any other matters the Ministers request 6. What other changes to land development

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controls would further improve the health of the 25. Each member of the Committee must at all times Yarra River and its tributaries and improve the act – net benefits that the Yarra River can provide to a. in accordance with the Code of Conduct; and the community? b. in a manner that is consistent with the public General sector values in section 7(1) of the PA Act. 7. Which of all these issues and opportunities are 26. The Committee must ensure that processes are in of greatest priority and, if addressed, would place to deal with conflicts of interests that— achieve the greatest net economic, social and a. apply to both financial and non-financial environmental benefits for the community today interests; and and for future generations? b. require full disclosure of interests at meetings 8. What other strategies and measures are needed of the board and the recording of the disclosure to ensure all the benefits and opportunities for in the minutes of the meeting. the Yarra River can be realised or achieved in a 27. The Committee must have regard to the Conflicts of cost effective manner? Interest and Duty: A Practical Guide for Directors of 9. Does the Committee have any advice or findings Public Entities issued by the Victorian Public Sector that would benefit the Maribyrnong River and Commission (published at http://vpsc.vic.gov.au/ the community? html-resources/conflicts-of-interest-and-duty/) in its deliberations, proceedings or meetings. Timeframe 28. A member who has a direct pecuniary or private 18. The Committee operates for 9 months from the date interest in a matter being discussed at a meeting on which it is established or such earlier date on of the Committee must declare the nature of the which the Ministers abolish the Committee. interest and the potential for there to be a conflict: a. at the commencement of a meeting; or Membership b. if they become aware of an interest during 19. The Committee consists of up to five members discussions, as soon as possible after appointed by the Ministers, one of which is the becoming aware of the interest. chairperson. 29. A member who has made a declaration of a 20. A member of the Committee is appointed by the potential conflict of interest may not be present or Ministers for the term of office specified in his or her take part in any discussion of the matter to which instrument of appointment. the declaration relates unless the Committee agrees 21. The Committee is to be constituted by members who otherwise. collectively have knowledge, skills and experience 30. A member who has made a declaration of a in institutional governance, natural resource and potential conflict of interest must not vote on the water management, social science and economics, matter to which the declaration relates. planning, land development, local government and 31. The chairperson or member presiding at a meeting stakeholder engagement. at which a declaration of an interest is made must 22. During the term of his or her appointment, a cause the declaration to be recorded in the minutes member must immediately notify the Secretariat of the meeting. in writing if there is a material change in his or her 32. The chairperson must keep a record of declared circumstances relevant to the matters set out in interests. Any member may request and be granted paragraph 24 or described in his or her written access to this Register of Interests. declaration of conflicts of interest. 23. Each member must sign a deed of confidentiality at Chairperson the time of appointment. 33. The Ministers must appoint one of the members to be the chairperson. Conflicts of interest and other standards of conduct 34. The chairperson must provide leadership and 24. Except as approved by the Ministers, each member oversee the performance of the Committee’s must not have, and must be independent of any functions and delivery of its accountabilities. person or body with − a. statutory powers or functions for the 35. The chairperson must approve the agenda and management or protection of the Yarra River minutes of meeting prior to circulation to members or its tributaries or catchment; and other meeting attendees. b. a private or commercial interest relating to Remuneration & expenses land or activities in the Yarra River corridor; 36. Subject to clause 38 of these Terms of Reference, c. a private or commercial interest in a member is entitled to receive remuneration for development of land in the Yarra River their service on the Committee as set out in their catchment.

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instrument of appointment. made by a majority of the members present at a meeting. 37. A member of the Committee standing for election must comply with the requirements of section 79(4) 49. If the chairperson is absent, or the office of of the PA Act, as if the member is a director of a chairperson is vacant, the members present at a public entity, and the Committee is a public body meeting may elect from the members present a and the board of a public body for the purposes of member to preside at that meeting. that section. 50. The chairperson, or presiding member, must ensure, 38. A member who is a public sector employee is only as far as practicable, that every member has eligible to be paid remuneration as determined in adequate opportunity to participate in discussions. accordance with the DPC Guidelines. 51. At the commencement of each meeting, the 39. No additional remuneration is payable to a member chairperson must enquire of all members whether for time spent in preparation for meetings of the there is any potential for a conflict of interest to arise Committee. in respect to any item on the meeting agenda or any matter to be discussed and an interest held by a 40. A member (including the chairperson) is entitled to member. be reimbursed for reasonable travel and personal expenses related to their service on the Committee, 52. A list of scheduled meetings times will be prepared at the rates that apply to employees of the by the Secretariat and approved and distributed by Department. the chairperson of the Committee. 41. To enable members to claim remuneration 53. Minutes will be taken by the Secretariat and and expenses, Members must complete the distributed to members of the Committee. Department’s Commencement Form and Claim Form. Minutes 42. The costs of the Committee will be met by the 54. The chairperson must – Department. a. ensure that minutes of each meeting are kept; b. circulate the minutes for comment by members Removal from office and vacancies before being formally adopted at the next 43. The Ministers may remove a member from office by meeting; and notice in writing, at any time and for any reason or c. provide the adopted minutes to the Project for no reason at all. Manager of the Secretariat within 14 days of 44. The office of a member becomes vacant if − being adopted. a. a member resigns in writing addressed to any one of the Ministers; Gifts and hospitality b. The Ministers remove a member from office by 55. The Committee must ensure that it has a gifts and notice in writing; hospitality policy in place that conforms to the Department’s Model Gifts, Benefits and Hospitality c. a member dies or, in the opinion of the Policy (see http://www.depi.vic.gov.au/about-us/ Ministers, becomes incapable of performing boards-and-governance/on-board-governance- his/her duties; or guides-and-resources/gifts-benefits-and- d. a member becomes a bankrupt or a person hospitality ). disqualified from acting as a director or acting in the management of a company. Dispute resolution 45. Upon a vacancy occurring in the office of a member, 56. The Committee must ensure that it has a dispute the vacancy may be filled by the Ministers in resolution policy in place that conforms to the accordance with these Terms of Reference. Department’s Model Dispute Resolution Policy (see http://www.depi.vic.gov.au/about-us/boards-and- Meeting procedure governance/on-board-governance-guides-and- 46. Meetings of the Committee may be conducted in a resources/dispute-resolution). manner determined by the chairperson subject to these Terms of Reference or any direction given by Observers and advisors the Project Control Board. 57. Members of the Project Control Board and the 47. A quorum for a committee meeting consists of at Secretariat may attend meetings of the Committee least 2 members (for a committee of 3 or 4 members) except when the Committee decides to meet in or of at least 3 members (for a committee of 5 private. members). 58. The chairperson may invite any other person to 48. The Committee must aim to make decisions by participate in all or part of a meeting and workshop. consensus. If the Committee is unable to achieve 59. As a condition of attending a meeting, the consensus, a decision of the Committee must be

56 Protecting the Yarra River (Birrarung)

chairperson may require an invitee to first sign a preparing meeting agendas and papers. Agendas deed of confidentiality. and draft minutes will be prepared in consultation with the Chairperson. 60. Department staff with the Secretariat or Project Control Board and other invitees to a Committee 71. The Secretariat will disseminate information and meeting may not vote in the Committee’s papers to members in an efficient and effective deliberations. manner. 72. Staff of other groups of the Department and Time commitment relevant agencies, authorities and councils may also 61. The Committee is expected to meet approximately be requested by the Secretariat to provide technical every 4 weeks. assistance. 62. Members are expected to attend a minimum of 80% of meetings. Amendments and revocation 63. Members are also expected to conduct consultation 73. The Ministers may amend these Terms of Reference meetings with the members of the community and at any time. stakeholders. 74. Any amendments take effect when they have been given in writing to the Chairperson. Confidentiality and other duties of members 75. The Ministers may revoke these Terms of Reference 64. The Project Control Board may authorise the in writing at any time and upon revocation of these Committee to release specified information to third Terms of Reference the Committee ceases to exist. parties or the public. 65. On the termination or expiry of a member’s Privacy appointment, the member must return all 76. The Committee must have processes in place to documents relating to the Committee to the ensure that its members, in the course of their duties chairperson. on the Committee, comply with the requirements imposed by or under the Privacy and Data Intellectual property Protection Act 2014 as if the Committee is a public 66. The rights to intellectual property created by the sector agency for the purposes of that Act. members of the Committee in the course of their duties on the committee, including any papers and Publications reports required under these Terms of Reference, is 77. All outputs must be suitable for a public audience. the property of the State of Victoria. However, the 78. In consultation with the Committee, the Department Minister on behalf of the State grants the Committee will desktop publish all material to ensure it is in a licence to use this property as authorised under keeping with the broader work program. This these Terms of Reference. In this clause “intellectual includes determining the art work and photography, property” includes legal rights that protect the and undertaking editing for public consumption results of creative efforts including copyright, purposes. proprietary rights in relation to inventions (including patents), registered and unregistered trademarks, Relationship with other projects confidential information (including trade secrets and know how), registered designs, circuit layouts, and 79. The Committee will be required to carry out its all other proprietary rights resulting from intellectual work at the same time as a number of other related activity in the industrial, scientific, literary or artistic government projects. These include the Water Plan, fields but does not include moral rights. review of the State Environment Protection Policy (Waters of Victoria) the Environment Protection Insurance Authority review, Coastal Management Review, Plan Melbourne Refresh, Lower Yarra River Use Future 67. It is the responsibility of each member to ensure that Directions and other projects, as advised by the he or she maintains adequate insurance in relation Project Control Board. to their activities as a member of the Committee. 80. The Secretariat will advise the Committee at its first Secretariat support to the committee meeting of the projects to which this requirement applies. 68. The Committee will be provided with administrative and technical support by Department staff from the 81. The Committee must ensure that its management of Planning Group and Water and Catchments Group. consultations with members of the community and other stakeholders is co-ordinated or consistent with 69. The Secretariat will organise meeting rooms, take the management and needs of these other projects. minutes, distribute agendas and provide other administrative support. 70. The Secretariat will assist in drafting reports and

57 Ministerial Advisory Committee Final Report

Not in scope 82. The Committee is not required to include in the discussion paper, undertake stakeholder consultation or prepare advice or a recommended action plan or recommended vision for the following issues or areas: a. the regulation of commercial boat operations, berths and related services; b. the regulation and promotion of on-water activities; and c. Port of Melbourne waters.

Reporting requirements 83. The chairperson of the Committee will report on the Committee’s progress and submit outputs to the Project Control Board.

Dated 10/12/2016

Hon. Richard Wynne MP Hon. Lisa Neville MP Minister for Planning Minister for Environment, Climate Change and Water

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