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Final Report Final Report Independent Panel Assessment of the Management of the 2020 Northern Basin First Flush Event September 2020 Letter of Transmittal Dear Secretary We are pleased to submit to you the report of our assessment into the management of the 2020 Northern Basin First Flush event. Consistent with our Terms of Reference, we approached this assessment by holding a series of interviews with NSW and other agency staff, seeking feedback from the public on two occasions, and obtaining the advice of a group representing the interests of irrigators, local councils, Traditional Owners and Indigenous communities, environmental groups and floodplain harvesters across the NSW section of the Murray-Darling Basin. We are grateful to the community members, groups and government agencies who took the time to provide their feedback in the interview and public consultation process, and particularly those who provided detailed and thoughtful written submissions. We thank the members of the water user reference group who not only shared their insights with the Panel, but also listened carefully and respectfully to understand and learn about each other’s points of view. There is no doubt that rainfall events in the first half of 2020 led to some wonderful and much needed outcomes for communities and the environment under stress across the Northern Basin, and that the efforts of staff within NSW Government agencies to manage the first flows demonstrated great courage, dedication and commitment to restoring the critical water needs so desperately required in regional communities across the Northern Basin in NSW. It was by no means an easy feat. However, throughout the course of this assessment, the Panel has heard that what should have been a time of celebration, was instead a deeply stressful and fraught experience for all involved. There has been recognition by some community members, and other government agencies, that NSW staff did a reasonably good job of managing the event to meet critical water needs, based on the decision-making framework and the information and the tools they had available at the time. However, many water users in the north, and floodplain harvesters, spoke of the economic and emotional stress caused by drought being exacerbated by the uncertainty resulting from poor communication of water restrictions (and the floodplain harvesting exemption), and the views of some that decision-making was slow and opaque, resulting in biases and missed opportunities. On the other hand, communities, particularly those in the Lower Darling and southern parts of the Murray-Darling Basin, expressed concern and sometimes outrage, that irrigation interests were put before the needs of the environment and downstream communities, at a time when the environment was most at need and unambiguously of primary importance. Traditional Owners and Indigenous communities, also under significant emotional and cultural stress caused by seeing their rivers dry, expressed their disappointment at the lack of engagement. They felt frustration that, in their view, irrigation interests were put before the health of the river, and fed up that, once again, their role as custodians was ignored. Finally, agency staff who managed the event spoke of the exhausting pressure to keep up with the demands required to manage such a critical and dynamic event, trying to make the most of limited and ultimately inadequate resources and uncertain information to maximise the opportunities presented by the rainfall and restore outcomes across the Murray-Darling Basin. Final Report: Independent Panel Assessment of the Management of the 2020 Northern Basin First Flush Event | July 2020 | 1 They understood the criticality of the decisions they made and the impact they would have on desperate people within desperate communities, and they carried that burden personally. In its review of how the event was managed, the Panel found that the decision making framework, while not always perfect with the benefit of hindsight, was reasonably robust and generally used the best available information and tools that decision-makers had at the time. However, those tools and information were incomplete, ultimately inadequate, and the NSW Government was not sufficiently prepared. Decision-makers used their best efforts with the resources available, but the policy and legal framework, and elements of the operational systems, including communication with Queensland about forecasting flows entering NSW from Queensland, required to effectively manage an event as dynamic and critical as the 2020 Northern Basin First Flush event, were inadequate. When a first flush is required, communities will inevitably be under elevated levels of stress due to drought, heightening the requirement for information, transparency, and clear communication. This demand is even greater at present, as community levels of trust and confidence in NSW water management are extremely low. A lot has been achieved since the 2017 Matthews Inquiry, but many of the recommended programs are still in the process of being developed or implemented. As a result, to many, there have been a lot of promises, but the results to date are underwhelming. This is particularly challenging and unfair to the public servants who bear the brunt of the community’s frustration. They need support and resources to complete and implement their work. The seemingly endless government restructures are a significant distraction to the task of delivering outcomes to the people of NSW. In particular, the NSW Government needs to progress the delivery of promised outcomes to Traditional Owners and Indigenous communities. The Panel recognises the resources required to resolve first flush issues, and it will be difficult to balance this against the numerous other areas of water regulation also in need of improvement. But this is not the first time that the NSW Government and NSW communities have been through a first flush experience. First flush management was a novel, complex and difficult experience in the then record drought of 2004. The draft Darling Basin Critical Water Situation Strategy 2004 report provided to the Panel includes a range of observations not dissimilar to this report. This Panel would not like to see the Department in the same position again in another 16 years, in 2036. It’s for these reasons that we have recommended moving towards embedding first flush management into the policy and legal regulatory framework. The work we have suggested can be carried out alongside current work programs to improve connectivity, complete rollout of the floodplain harvesting licensing reforms, undertake improved measurement and monitoring programs, and deliver regional water strategies. Some of the work required to improve first flush management will also yield some real outcomes for identifying, recognising and protecting native title rights and cultural flows. We wish to express our thanks to the state and federal government agency personnel that supported our assessment. This includes officers of your Department, who were extremely cooperative, responsive to our requests for information and provided frank and constructive reflections and insights. We are particularly grateful to the officers of your Department, Jacyleen Final Report: Independent Panel Assessment of the Management of the 2020 Northern Basin First Flush Event | July 2020 | 2 Ong and Susan Macolino, who provided exemplary secretariat services to us and were a delight to work with. If you think it would be of value, we would be very pleased to brief you about our assessment. Yours sincerely Wendy Craik AM Greg Claydon 7 September 2020 Final Report: Independent Panel Assessment of the Management of the 2020 Northern Basin First Flush Event | July 2020 | 3 Acknowledgement of the Traditional Owners of the Murray–Darling Basin The Independent Panel acknowledges and pays respect to the Traditional Owners and their Nations of the Murray–Darling Basin who have a deep cultural, social, environmental, spiritual, physical, emotional and economic connection to their lands and waters. The Panel appreciates the need for recognition of Traditional Owner knowledge and cultural values in natural resource management associated with the Murray-Darling Basin. In particular, the Panel acknowledges and pays its respects to the Barkandji, Bigambul, Budjiti, Euahlayi, Githabul, Gomeroi/Kamilaroi, Guwamu/Kooma, Kambuwal, Kunja, Kwiambul, Maraura, Murrawarri, Ngarabul, Ngemba, Ngiyampaa, Wailwan and the Wiradjuri Nations who are the Traditional Owners of the Barwon-Darling and its tributaries in NSW. Other acknowledgements The Independent Panel would like to acknowledge the contributions of and thank all of the people who have dedicated their time and efforts into assisting the Panel to develop this final report. This includes: ● staff of all of the NSW, Commonwealth, Victorian and Queensland agencies for their time, cooperation and frankness in interviews with the Panel, ● members of the public who took the time to complete a survey, attend the public information webinar and/or prepare written submissions as part of the public consultation undertaken for this and the draft report, ● members of the Water User Reference Group, being Darren Raeck, Derek Hardman, Emma Carmody, Greg Hill, Jeff Sowiak, Jim Cush, Joe Robinson, Justin McClure, Kingsley Abdulla, Malcolm Talbot, Rachael Strachan and Uncle Badger Bates, as well as proxies Bileen Nel and David Kirby, who shared both their time and valuable insights with the
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