2013–14

LEADING THE WAY 20 YEARS OF THE ACT ENVIRONMENT COMMISSIONER ©ACT Government 2014 ISSN 1322-8056 ISBN 978-0-9873072-3-1 Published by the Office of the Commissioner for Sustainability and the Environment, Canberra. This work is copyright. It may be reproduced in part or whole for study or training purposes subject to inclusion of an acknowledgment of the source, but not for commercial usage or sale. Reproduction for purposes other than those listed above requires the written permission of the Office of the Commissioner for Sustainability and the Environment, PO Box 158 Civic ACT 2601.

Contact Officer Julia Pitts, Senior Manager Office of the Commissioner for Sustainability and the Environment 1 Constitution Avenue, Level 2, Canberra Nara Centre GPO Box 158 CANBERRA, ACT 2601 Telephone: 02 6207 2626 Facsimile: 02 6207 2630 Email: [email protected] www.envcomm.act.gov.au

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ii ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT Transmittal certificate

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 iii Contents

Transmittal certificate iii Section B — Performance reporting 1 B1 Organisational overview 1 B2 Performance analysis 2 B3 Community engagement and support 49 B4 Ecologically sustainable development 51 Section C — Governance and accountability reporting 53 C1 Internal accountability 53 C2 Risk management and internal audit 53 C3 Fraud prevention 53 C4 Legislative Assembly inquiries and reports 53 C5 Auditor-General and Ombudsman reports 53 Section D — Legislation-based reporting 54 D1 Public interest disclosure 54 D2 Freedom of Information 54 D3 Human Rights Act 55 D4 Territory Records Act 55 D5 Legal services directions 56 D6 Notices of non-compliance 56 D7 Bushfire risk management 56 D8 Commissioner for the Environment 56 Section E — Human resources management reporting 57 E1 Human resource performance 57 E2 Learning and development 57 E3 Work health and safety 57 E4 Workplace relations 57 E5 Staffing profile 57 Section F — Financial management analysis 58 F1 Financial management 58 F2 Financial statements 58 F3 Capital works 58 F4 Asset management 58 F5 Government contracting 58 F6 Statement of performance 60

iv Section B — Performance reporting

B1 Organisational overview

B1.1 Role B1.2 Vision The Commissioner for Sustainability and the The vision of the Office of the Commissioner Environment is appointed by the Minister for is ‘Living Sustainably’. The vision captures our the Environment and Sustainable Development commitment to help the community and government under the Commissioner for Sustainability and act in ways that advance sustainability and good the Environment Act 1993. The Commissioner is management of the environment. accountable to the Legislative Assembly through the Minister. This Office exists to support the B1.3 Mission Commissioner’s role. Our mission is to advance sustainability through The Act specifies that the Commissioner shall: advocacy, independent scrutiny, reporting and advice. • produce State of the Environment reports for the ACT; B1.4 Values • investigate complaints about the management of the environment by the Territory or a territory Independence – we empower authority, and issues relating to ecologically through objectivity, sustainable development (ESD); transparent processes, considered evaluations • conduct investigations as directed by and appropriate the Minister; confidentiality Collaboration Caring – our high • initiate investigations into actions of an agency – we take an regard for the integrated environment, where those actions would have a substantial and inclusive our community, impact on the environment of the ACT; and approach and future generations sustains our efforts • make recommendations for consideration by government and include in its annual report the Empathy – we take Innovation – we seek to outcomes of those recommendations. realistic approaches that use the best available recognise the realities knowledge to pursue The Office administers no other legislation and has faced by the individuals solutions that may not and organisations with be evident or even no other regulatory activities. whom we engage exist yet

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 1 living sustainably

B1.5 Objectives B1.8 Directorate relationships The Office of the Commissioner for Sustainability The Commissioner is a statutory office holder and and the Environment has four main objectives. our Office operates as an independent statutory body. Our staff members are employed under the Investigation and resolution: to enhance Public Sector Management Act 1994 and observe understanding and provide guidance by the ACT Public Service Code of Ethics. investigating and resolving complaints. The ACT Government via the ESDD and the Monitoring and reporting: to advance sustainable Commerce and Works Directorate provides corporate practices and better management of the support for matters such as accommodation, financial environment through independent monitoring, reporting, recruitment and other personnel services. analysis and reporting. Shared Services ICT located within the Commerce Engagement and advocacy: to be an independent and Works Directorate provides information voice that advocates for, and raises awareness of, management, procurement and information sustainable practices and environmental matters. technology support. Capability: to foster a collaborative culture built on professional expertise and networks. B2 Performance analysis B1.6 Structure Our achievements during 2013–14 cover our The Office comprises a full-time Commissioner, two key functions: senior managers (SOG B equivalent), two project • statutory; officers (PO 2) and one office manager (APS 5). This year the office has hosted a graduate from • complaints; the Environment and Sustainable Development • advocacy; and Directorate (ESDD) who worked in the office from February until June, as well as a temporary • investigations. part-time contractor. B2.1 Statutory B1.7 Clients and stakeholders Our statutory work included: Our work is relevant to all members of the ACT • development of updated methodology for 2015 community, specifically: SoE report; • the ACT Government and members of the • preparation and planning for the 2015 ACT SoE Legislative Assembly; report; and • the community, including current and • preparing the Implementation Status Report for future generations; AP2. A new climate change strategy and action • environment and sustainability interest groups; plan for the Australian Capital Territory. • other Commissioners locally, nationally ACT State of the Environment report and internationally; The Office is progressing the next State of the • business and industry; Environment (SoE) report, due in 2015. As part of this process we have undertaken the following: • academics; • completed the review of the 2011 SoE report; • professional bodies and interest groups; • incorporated the 2011 review outcomes into • media; the 2015 SoE report framework; • Councils of the Australian Capital region, and • developed and conducted a series of • the NSW and Australian governments. consultation workshops to gain input for the 2015 SoE report framework and indicators; • developed the framework in-house with the assistance of an expert ‘conceptual modeller’;

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• commissioned a group of SoE report writing and • sought advice on methodology for determining editing experts to assist OCSE staff with the 2015 ‘fit for purpose’ for climate change adaptation; SoE report; and • finalised the 2015 SoE report framework; • produced a draft of the first report. • developed and commenced implementation of a data collection and analysis plan; and B2.3 Complaints • commissioned an independent In our complaints investigating role we: assessment of the effectiveness of ACT • received, acknowledged and progressed three Government and environmental management new complaints; and responses. The process for this assessment included the running of two workshops with • finalised two complaints from the previous key ACT Government decision-makers to obtain financial year input into the management effectiveness These latter complaints included components that assessment process. raised systemic problems across the Territory. The reporting period for the SoE report is from A full description of our complaints handling for 1 July 2011 to 30 June 2015, and the report will be 2013–14 can be found at Section B2.6 delivered to the Minister on 21 December 2015. The Office continues to refine the framework for the B2.4 Advocacy 2015 SoE report following the review of the 2011 Advocating for, and raising awareness of sustainable SoE report, and in light of the feedback received. practices and environmental matters is one of our The framework still uses the Driving Forces-Pressures- key objectives. A discussion of our community State-Impacts-Responses (DPSIR) model and reports engagement efforts can be found at Section B3 on themes and indicators within this model—as of this report. was the case in the 2011 report. However the 2015 SoE report will include an independent review of In 2013–14 the Office: management responses; reporting on and analysis of • met with business leaders and held workshops ecosystem services; and the resilience and adaptive with innovative thinkers; capacity of the ACT and region. The 2015 SoE report • delivered ecologically sustainable development will, where possible, incorporate data from the (ESD) workshops and an expert paper; surrounding region outside the ACT. • engaged an expert to further inspect specified The Office has continued to engage individual ACT natural temperate grasslands sites and councils on environmental reporting in the region by provide a report to the Commissioner; and attending workshops and meetings throughout the year. The Office has also engaged with other areas • monitored progress on government of the wider ACT Government to share information implementation of key environmental and resources and to enhance cooperation with strategies and policies. government across the region on local issues. Workshops and thought-leadership The Office recognises the need for a greater At an international level the Office delivered a emphasis on how ACT-based decisions and actions presentation at a conference 1 hosted by the impact the region and vice versa. Hungarian Ombudsman For Future Generations in Implementation Status Report for Action Plan 2 April 2014. The agenda included the establishment of a UN Commissioner for Future Generations with In working on the Implementation Status Report a specific mandate to take the longer term view. for Action Plan 2 (AP2) we: It also highlighted the scope for corresponding • worked with the ESDD and the Climate Change Commissioners at a national level Council to develop a framework for the AP2 reports; • determined a method for national and international comparison of ACT target and actions; 1 Staff member self-funded the trip and took leave to attend.

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 3 living sustainably

Ecologically sustainable development (ESD) project domestic herbivores; by excessive and untimely In response to the objects clause within our mowing regimes; by failure to eradicate weeds; legislation the Office initiated a project focused and by failure to apply fire regimes essential for on ecologically sustainable development (ESD) the survival of most of the native plant species. asking what ESD means in a practical day-to-day Dr Hodgkinson warned that many of the grassland sense. The project aimed to benchmark best patches are approaching critical thresholds beyond practice ESD and to progress the understanding which they will change to a different and less and implementation of ESD within government desirable state. decision making. The project examined the steps that need to be taken to address and satisfy the Monitoring progress core components of ESD as part of both the longer The Commissioner acknowledges the work which term and daily decision making processes of the ACT has been done by the government in developing Government. For more information about the report policies on key issues including: generated from this project, see Section B4 of this • Action plan 2 (AP2); annual report. • ACT Planning Strategy, July 2012; To remain involved with the wider functions of the Environment and Sustainable Development • City Plan, April 2013; Directorate, the Office is a member of the ESDD • Transport for Canberra 2012–2031 policy, green team, and will continue to attend meetings March 2012; throughout 2014–15. • Draft Nature Conservation Strategy 2012–2022; Follow up from the Report on the ACT Lowland • Nature Conservation Bill 2013; Native Grassland Investigation • Review of the Environment Protection Act, In November 2007 the previous Minister for September 2012; and the Environment, Water and Climate Change, Mr Jon Stanhope, directed the Commissioner • Water for the future – striking the balance: to undertake an Investigation into Lowland Draft ACT Water Strategy 2013. Native Grassland (‘the Grasslands Investigation’). In 2013–14 the Office continued to monitor the The final report was tabled in the Legislative progress towards implementing these policies Assembly in 2009 by Minister for the Environment and strategies. and Sustainable Development, Mr Simon Corbell. The Office will also continue to track and report on Following an audit of the 32 recommendations the implementation of specific recommendations about the grasslands in our 2011–12 annual via our annual reports. report, the Office engaged Dr Kenneth Hodgkinson to further inspect specified natural temperate grassland sites and undertake photographic and floristic assessments. Dr Hodgkinson’s delivered his recommendations to the Commissioner in early 2014. His key findings were that the condition of 14 remnant sites of Natural Temperate Grasslands (NTG) in Canberra ranged from 0–40 in Fleuristic Value Score. 2 Dr Hodgkninson also found that this variation can be attributed to past and current land management practices and that current management of these sites will not ensure their survival. The native plants and animals of these remnants of NTG in Canberra are threatened by overgrazing from kangaroos, animal pests and

2 Fleuristic Value Score is the method used by ACT Government and NSW Office of Environment and Heritage for determining the conservation value of grassland on the Southern Tablelands and for monitoring sites.

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B2.5 Investigations • a methodology designed to determine what The Office of the Commissioner for Sustainability constitutes an ACT Government policy or action and the Environment has not undertaken any being ‘fit-for-purpose’ in terms of climate Investigations during fiscal 2013–14, however it has change adaptation; prepared, as directed in AP2 (Chapter 11 Monitoring • a fit-for-purpose assessment against identified and Reporting), the first of three implementation climate change risks and vulnerabilities to the status reports (2014, 2017, 2020). ACT using the methodology; and AP2 provides for the Office to triennially • a jurisdictional comparison of the greenhouse gas assess whether the ACT Government is emissions reduction and renewable energy targets reducing greenhouse gas emissions, adapting and the actions developed to effect these targets. to climate change and leading a sustainable future. This assessment is to be conducted by B2.6 Report of legislated functions answering a number of questions: This section of the report complies with 1. How are we tracking against sector greenhouse the Act; specifically: gas reduction targets? Section 14(8), which requires reporting of 2. What new opportunities or challenges complaints received which did not proceed to a full have emerged? investigation, and the reasons for the decision; 3. What are the implications for the Territory from Section 20(a), any special factor that the developments in climate science? Commissioner believes had a significant impact on 4. How fit-for-purpose are the Territory’s climate the environment during the year; change adaptation policies? Section 20(b), measures taken during the year by, 5. How do the Territory’s targets and actions stand or for, the Territory in relation to implementation of in relation to developments at the national or any recommendations in a State of the Environment international level? report under Section 19 or a special report under Section 21; and These questions will be answered in this implementation status report by providing: Section 23, information to be included in agency annual reports. • an outline of the methods used for calculating and reporting upon greenhouse gas emissions Commissioner for Sustainability and the through a greenhouse gas inventory (GGI) and Environment Act 1993: Section 14(8) AP2. This outline includes a description of the requirements conversion methodology used to allow the Our Office received three new complaints during GGI to report on greenhouse gas emissions by 2013–14 that were complex and potentially raised AP2-sector; systemic issues for further assessment. However, • an analysis of the challenges relating to making an as indicated in our previous annual reports, the assessment of AP2-sector greenhouse gas targets Office also receives inquiries that are generally including issues relating to timing, target setting, resolved before becoming section 14 (8) complaints. emissions modelling and measuring the effect of These are resolved through discussions with the AP2’s 14 mitigation actions achievement against Commissioner, site visits and—where relevant— the legislated greenhouse gas reduction targets; introductions to appropriate individuals within the directorates. Bringing all the parties together around • an analysis of international best-practice a table often leads to a resolution of matters. greenhouse gas emissions calculations and reporting and the probable effect of this on the targets set both by the legislation and by AP2; • a comparative analysis of the science which underpinned AP2 and the latest comparable scientific developments since the 2012 release of AP2;.

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 5 living sustainably

Table 1: Summary of complaints and investigations

Complaints No. of complaints Complaints on hand at end 2012—13 2 Complaints received during 2013–14 3 Complaints closed during 2013–14 2 Complaints pending 3 Investigations directed by the Minister 0 Investigations on hand at end 2012–13 0 Investigations commenced in 2013–14 0 Investigations closed during 2013–14 0 Investigations initiated by the Commissioner 0 Investigations initiated in 2013–14 0

Table 2: Summary of broad subject area of complaints

Broad subject area No. of complaints Air quality 0 Biodiversity 2 Water 0 Trees 0 Waste 0 Planning process and decisions 1 Other 0

Table 3: Complaints lodged in 2011–12

Month Broad Nature of Month lodged subject area complaint Comment closed April Biodiversity/ Non The complaint was closed in February 2013 after March 2012 grassland compliance discussions with both ESDD and Territory and Municipal 2013 management with land- Services Directorate (TAMSD). management The outcomes of the complaints inquiry had four agreements in recommendations. These were: the Glenloch rural lease, Determining the current ecological value of the site and and associated processes should be put in place to ensure follow up on deterioration the implementation of Conservator’s directions. of conservation Encouraging ongoing weed management by the leasee. values on Formal processes are implemented for improved the lots communication regarding the management, monitoring and enforcement of land management agreements (LMAs). A review of the LMA process be undertaken in the next 18 months.

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Table 4: Complaints lodged in 2012–13

Month Broad Nature of Month lodged subject area complaint Comment closed Feb Building Heights in The Office gathered information to assess if the complaint Pending 2013 heights in town centre of is systemic across all town centres. This included reviewing town centres Belconnen the status of master plans and precinct codes with regard to height requirements. It also looked at the accessibility of finding the information easily and then interpreting it.

March Biodiversity/ Potential This complaint raised concerns over the construction of October 2013 recreation conflicts bike trails within the Bruce Ridge Nature Reserve (Bruce 2013 between Ridge) and the potential for the construction of these conservation trails to compromise the ecological values of the reserve. values and In investigating the complaint the Commissioner’s office recreational looked into the following matters: opportunities • What was the process used to determine the suitability of the site at Bruce Ridge for mountain bike recreation? • What process was undertaken to determine how many bike trails are sustainable in Bruce Ridge and their appropriate location? • What strategy or processes are in place to manage and monitor conservation on Bruce Ridge? • What processes are in place to balance recreational and conservation needs on the ridge? • What is the role of Friends of Bruce Ridge and how are their actions monitored? • Are there any proposals currently under consideration for similar recreation facilities in other areas of the Canberra Nature Park? The ACT Government, through legislation and policy, is committed to environmentally sustainable development (ESD). ESD mandates the precautionary principle: when an activity raises threats of harm to the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. So in association with the above issues specific to this complaint, the Office has also investigated the broader ranging issue of recreation management across the Canberra Nature Park (CNP). These issues relate to the challenges associated with applying the precautionary principle in practice. They include the: • lack of scientific and monitoring data pertaining to the current state of reserve ecology; and • the compromises or trade-offs that need to be made when priorities for environmental management are determined. These issues, particularly in relation to resource allocation, are endemic to all governments in the business of environmental protection

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Table 5: Complaints lodged in 2013–14

Month Broad Nature of Month lodged subject area complaint Comment closed July Compliance Compliance Potential for failure to occur in comprehensively Pending 2013 with with implementing the requirements of management plans on management management the ground. The number of parties involved in the day- plans for new plans for to-day management and development of sites may be development Woden Green a factor in making best practice implementation of the development plans a challenge. October Biodiversity The Complaint related to the lack of enforcement and Report 2013 management monitoring of cat-curfew areas, specifically the curfew area finalised of the cat- adjoining Mount Majura, and broad systemic issues within June curfew area the ACT. adjoining Mount Majura Dec Biodiversity The scientific This complaint raised 12 specific points based on a range Pending 2013 rationale of issues. relating to kangaroo culls in the ACT

Commissioner for Sustainability initiated by the Minister or the Commissioner. and the Environment Act 1993: This annual report outlines progress in implementing Section 20(a) requirements (any special factor recommendations in relation to the theme of ‘water’. that had significant impact on environment) The Commissioner’s assessments are presented below in an audit of past recommendations (Table 6). Table 7 While Canberra remains a very liveable city there then summarises measures taken during the year by, is a need for vigilance and action to maintain the or for, the Territory to implement other water-related health and integrity of our environment, now and recommendations in the State of the Environment for future generations. reports 2011 and 2007. It is critical that implementation, monitoring and The information in Table 7 is directly as advised by reporting on the ACT’s strategies and policies remain the relevant ACT Government directorates. a strong priority. This particularly applies with regard to the implementation pathways to achieve the Table 8 covers all other directorate responses outcomes detailed in policies and plans. demonstrating progress in implementing the ACT State of the Environment 2011 report In financially uncertain times, there is a need recommendations for even greater responsible and efficient use of resources. However, it is essential that in this setting Audit of past recommendations we continue to recognise that the environment During 2011–12, the Office began a process underpins our social and economic wellbeing and we to conduct thorough audits of previous invest appropriately for the future of our city, our recommendations. The process involved selecting community, and our ecosystems. recommendations arising from past investigations, Commissioner for Sustainability and the complaints and the ACT State of the Environment Environment Act 1993—Section 20(b) requirements Report 2011, to examine their implementation. As required by Section 20(b) of the Act, this Office The help and assistance provided by these reports on progress made by the ACT Government directorates and their staff is greatly appreciated. directorates in implementing any recommendation The Commissioner’s assessment of progress is made in a State of the Environment report under presented in Table 6, with his comments. Section 19, or in a special report under Section 21. Special reports are those arising from any investigation

8 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS A draft of the lake closure guidelines to was provided the OCSE. that I understand is this review ongoing. ACTION (with evidence) ACTION 2014: on 9 May Health responded for ACT Guidelines of the review one and two … a to recommendations In relation ACT Health. This has included by Quality has been undertaken Water Recreational was circulated The review as outlined in the recommendations. closure protocols lake community go to 2013. It will now in October comment agencies for Government to user groups. with a range of lake consultation above. See response DIRECTORATE DIRECTORATE Health Health/ESDD (EPA)

ACT RECOMMENDATION Lake Closure Protocols Closure Lake (Health Directorate) Government 1: The ACT of the periodic reviews undertakes Quality Water Recreational Guidelines for years of not less than five intervals at relevant with and includes consultation should consider: The reviews stakeholders. in use of Enterococci a) developments of faecal as an indicator bacteria on the health research and contamination pathogens; with regrowth associated risks and in knowledge b) improvements toxin whether determine to technologies and concentration algal or blue-green testing for relevant is most testing biovolume algal and lakes; ACT regrowth and c) the characteristics embayments. of the lake challenges guidelines should amended be current The 2: recognise: to closure or part-lake for lake a) the potential basis, based on unusually on a case-by-case and algae; of blue-green levels extreme very high to relation in practices b) closure concentrations. bacteria Table 6: Audit responses to recommendations on Water Audit Water on recommendations to 6: Audit responses Table Investigation Griffin Burley Lake

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 9 living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS and I Noted to look forward of seeing copies these surveys. Noted. ACTION (with evidence) ACTION 2014: on 9 May Health responded for ACT a procedure Health has developed three recommendation In regard to and Government where the ACT be undertaken surveys. These surveys can sanitary have identified Water, ACTEW with City Council, in conjunction the Queanbeyan of contamination. sources responded: TAMS and blue green weekly bacteria provides currently and City Services (PACS) Parks areas under its responsibility. all public swimming for website on TAMS algae updates swimming areas under at signs are present quality information ensures water PACS weekly on the posted its responsibility and that those signs reflect information website. water Ginninderra. with Lake associated of stakeholders user register a lake maintains PACS DIRECTORATE DIRECTORATE Health/ESDD ESDD/TAMSD RECOMMENDATION 3: In line with the current guidelines, the 3: In line with the current City and the Queanbeyan Government ACT Council, should identify and map sources urban entering contamination of faecal of the significance systems, stormwater for strategies and long-term the sources, and loading. In addition, a rigorous reducing ‘sanitary rapid for procedure comprehensive indicator of elevated in the event surveys’ should be established. concentrations and the National Government 4: The ACT communication Authority improve Capital public and the general user groups with lake areas: key in the following so that closures, lake a) during prolonged is closed a lake that aware are users lake and why; lake or restrictions, b) during closures checks random should undertake managers necessary amend use, and where on lake to ensure methods public notification of the alerts and aware are users lake and responses; management is reopened. c)advise when a lake

10 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS Directorate responsibilities need clarification and it is to encouraging see improving of coordination in matters water the ACT. (see 7 recommendation below) Testing of Testing This is work is being undertaken by TAMS. by This is work being undertaken ACTION (with evidence) ACTION 2014: on 8 May responded ESDD ACT NCA and that the indicated this recommendation to response The Government’s out but pointed options, of these exploration commenced has [sic] already Government of additional commitment require would of options full range of the testing that the NCA, through the is directly responsible who, Government Commonwealth the funds by Foreshores. and immediate water of the Lake management the for a $4.5 million was constructing Government that the ACT The response also indicated Ginninderra Way in Lake Valley Eastern to wetland adjacent retrofitted shallow its will be assessed as to development The wetland which has been completed. Ginninderra. The response indicated quality in Lake water in improving performance of this kind for money and value efficacy the suitability, that this project will inform Griffin. Burley for Lake of intervention responded: TAMS a) Not TAMS 2013. in late was completed project Wetlands Inlet Way Valley Eastern b) The quality. of water testing on information completed provide to ESDD for 2014. quality is planned on water system wetland of the effectiveness the have had foreshore of lake about 300 metres c) at Jerrabomberra Wetlands alder and other weeds. of willow, removal following beds re-established macrophyte the Commissioner to of this work evidence provided TAMSD 2014: on 9 May Health responded of blue-green algae in Canberra lakes quality issues such as the management Water and Sustainable the Environment Health. It is suggested ACT by is not undertaken and Municipal Services and the with Territory together Directorate, Development for these initiatives. are the leads Authority, National Capital DIRECTORATE DIRECTORATE ESDD/TAMSD ESDD/Health RECOMMENDATION Options for ‘in lake’ management to improve water quality water to improve management for ‘in lake’ Options Authority and the Capital 5: The National a feasibility undertake Government ACT line analysis, including a triple bottom study, the Lake. across restoration of macrophyte should include: consideration for Priorities in the Lake wetland of a a) construction Springbank Island and the mouth between Creek; of Sullivans at in the Lake wetland of a b) construction Basin; and East beds in of macrophyte c) restoration Park Weston and at Bay, Orana Lotus bay, Beach. East Authority and the Capital 6: The National initiatives explore jointly Government ACT control to aiming interventions in-lake for Griffin and Burley in Lake algae blue-green research, Desktop lakes. other Canberra analyses trials and cost-benefit physical to) (but not be limited examine could for: systems sediments; a) re-aerating column; water the b) stirring phosphorus c) adsorbing and removing or via additions of clay- the water from and/or substances; chemical-based reduce to sediments lake d) treating addition including by phosphorus release, the water. chloride to or iron of nitrates

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 11 living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS to I look forward the release of in Final Strategy the near future. I am pleased that is the lead ESDD agency and will be for point the focal on all information of implementation and the strategy progress reports. It is a positive see all to step closely Directorates their co-ordinating actions including cross jurisdictional in matters their work. ACTION (with evidence) ACTION responded on 8 May 2014: ESDD the reviewing is currently that the Government response indicated The Government’s released a The Government Act Water. Think Water, strategy resources water ACT for public Future – Striking the Balance for the Water in July 2013 strategy draft new (http://www.environment.act.gov.au/water/act_water_strategy/draft_ consultation act_water_strategy_2013) consultation of taking account strategy, has been finalising the The Government by mid 2014. strategy releasing the final to with a view comments Sensitive of the Water review that a comprehensive The response also indicated of as part of the review guidelines is being considered Urban Design (WSUD) and or better standards with national ensure compliance to strategy the water The cost. economical at the most are achieved quality outcomes that the water inquire in July 2013 to of this review the commencement announced Government Government a Sensitive Urban Design regulation against and report on Water into and developments new usage in reduction in water cent forty per objective of a provide The report is to with pre-2003 levels). (compared refurbishments/extensions measures mandated acceptable expanding the on significantly recommendations to lower to developers maximum flexibility provide and to the targets, achieve to (ESDD) Directorate Development and Sustainable Environment costs. development lead the review. and academic panel of industry a technical by is being assisted The review field and a cross-agency working group. in the WSUD professionals community and academic with industry, consultation extensive undertook ESDD ACT with other parts of Australia as well benchmarking the institutions and elsewhere. WSUD infrastructure, of current of the effectiveness consideration The review and resourcing. requirements and maintenance design and costs, infrastructure in June 2014. by the Government considered final report will be The review the funding availability, that, subject to response indicated e) The Government of all gross and effectiveness of the condition supports a review Government ACT to include the was review Griffin. The Burley Lake into flowing traps pollutant and requirements impact and maintenance efficiency, their of location, suitability TAMS. by This work is being undertaken frequency of maintenance. the Authority) is also reviewing Protection (Environment The Government http://www.environment.act.gov.au/environment/ Act 1997 Protection Environment _environment_protection_act) environment_protection_authority/review_of_the and operation of the ensuring the integrity processes, regulatory streamline to practices. environmental better encouraging legislation whilst DIRECTORATE DIRECTORATE EDD, ESDD, TAMSD RECOMMENDATION Catchment management to improve the Lake’s water quality water the Lake’s improve to management Catchment a should develop Government 7: The ACT urban water-sensitive to approach strategic This should include: design (WSUD). installing where sites a) identifying wetlands such as intervention, catchment would improve ponds, control and pollution Griffin. Burley Lake quality entering water This should include: the studies into feasibility i. initial ponds or control of pollution construction line and drainage on the Yarralumla wetlands should be undertaken. Creek Jerrabomberra to be of should be designed installations Any the catchment treat to size an appropriate service; they and area complements WSUD that ii. identifying and wetlands of installing programs current ponds in both new urban areas control water where suburbs existing in and retrofitting applicable. are requirements WSUD b) Ensuring that in particular: enforced and ponds wetlands i. ensuring that service their to sizes of appropriate are and catchments; auditing/complianceii. undertaking temporary that ensure to arrangements control for sediment ponds control pollution estates phase in new during the construction effectively. and functioning maintained are of the effectiveness monitoring c) Improving to in urban developments of WSUD quality meets water whether determine Results targets. code general WSUD improvements inform should be used to standards. in WSUD

12 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS Phase 1: Implementing a comprehensive ACT-wide water quality monitoring quality monitoring water ACT-wide comprehensive a Phase 1: Implementing based on for each sub-catchment, options of infrastructure Phase 2: Development Lower Molonglo (new development) Molonglo (new Lower water) Upper Molonglo (source (lake) Tuggeranong Creek (infill/developed) Yarralumla (Greenfields development) Belconnen West Riverview, development) (industrial/wetlands Fyshwick ACTION (with evidence) ACTION funding provide to in-principle agreement provided Government The Commonwealth 2014 for on 26 February Agreement Partnership Management under the Water Priority Project (http://www.environment.act.gov.au/water/water_ State the ACT’s will see Basin Priority Business Case. This agreement out in the ACT’s quality) as set with $8.5million in complementary the ACT, $85 million to of up to the provision quality and catchment water improved long term for investment, Government ACT by: in the ACT management • to monitoring including associated on six priority catchments, program with a focus underpin priority projects. to evidence provide • in improving that will assist from the monitoring, collected the analysis of data catchments. from these quality flowing the water the required for the business case inform The analysis from Phase 1 will be used to quality interception/ of major water phase of the project – construction second structures. improvement are: The priority catchments • • • • • • to June 2016. Finalisation of Phase 2 funding is by be completed Phase 1 is due to from the and approval assessment will be subject to 2019. Funding by be provided Phase 2. to implement particularly the process Commonwealth, of an inter-jurisdictional the project includes establishment for Governance Cooma and Valley, Yass Palerang, from including representation committee, panel as well a technical Government, City Councils and the NSW Queanbeyan experts. of relevant the to improve management of this action (catchment carriage are taking ESDD on the is represented as required. TAMS quality) with input from TAMS water Lake’s of the the development input into Group and has provided Working Review WSUD Strategy. Water ACT of this action carriage are taking (ESDD) Development and Sustainable Environment as required. with input from TAMS DIRECTORATE DIRECTORATE RECOMMENDATION d) Comparison of ACT approaches to WSUD WSUD to d) Comparison of ACT approaches urban areas with those of other Australian with consistent remain help the Territory to practice. and best technology developing existing of the efficacy e) Reviewing The review (GPTs. traps pollutant gross should include: reduction; in pollutant i. effectiveness of maintenance of current ii. effectiveness measures control pollution costs; iii. capital ensure to costs maintenance ongoing iv. remains infrastructure drainage the current and is in line with current high-standard downstream protecting practice, best environments; and water; leachate of polluted reduction v. of requirements manage to vi. the capacity and development. urban growth future councils f) with the NCA and NSW working

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 13 living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS The LDA has identified key sites such as Kingston Foreshore where measures have been measures have where Foreshore such as Kingston key sites has identified LDA The and ponds are of ensures that wetlands studies, the LDA Through initial quality further water ensure funding for to work with ESDD is aiming to The LDA However ESDD. by work is being undertaken that comparative understands The LDA is the costs and including ongoing effectiveness of GPTs The maintenance ACTION (with evidence) ACTION Working Review Sensitive Urban Design on the Water are represented TAMS Water of the ACT the development input into Group and have provided Strategy. Management review. the ESDD’s by 7e) These are being covered be provided can Traps of the Gross Pollutant costs iv) The ongoing maintenance Maintenance. ACT—Road Roads by conducted is testing This of the water. does not include testing The maintenance Water. ACTEW by is attached. procedures Sample of the maintenance the Commissioner. to of this work evidence provided ESSD in April 2014 as follows: responded Directorate and Development Economic Sensitive Urban Design Water approach to a strategic developing is currently ESDD and EDD The LDA in the ACT. requirements of WSUD through the review (WSUD) LDA and EDD are the During this process process. review are participating in this requirements. existing based on WSUD in developments to implement continuing a) example For Griffin. Burley Lake entering the quality of water improve to implemented Future serve this function. Foreshore in Kingston Park at Norgrove the pond and wetlands WSUD planned also have Lake to the 3 and City Section Parkes such as Campbell 5, sites Griffin. Burley Lake entering water quality of the the improve to features Yarralumla Creek for the entire study a thorough flood EDD is also undertaking levels. The design of a flows and of flood This includes confirmation catchment. of this at Mawson is on hold pending the outcome basin and wetlands retarding quality. in water an improvement achieve to is likely however study, b) to also requires all contractors The LDA service their catchments. to size appropriate measures during construction. and erosion control sediment implement c) already undertakes areas. The LDA in appropriate is implemented monitoring ensure the to Park at Norgrove Foreshore quality in Kingston of water monitoring be made available. can Park from Norgrove Evidence are being met. targets d) network with in a participates Land Organisation (GLO), as a Government LDA, the jurisdictions. from other sharing of information which includes GLOs other e) responsibility of TAMS. the LDA However this is primarily the responsibility of ESDD. understands The LDA areas. closely with the NCA in designated works DIRECTORATE DIRECTORATE RECOMMENDATION

14 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS I think it is a very step important minimise the to to contributors quality poor water and at their source prioritising funding this is critical. for including Noted, on ground TAM’s to reduce actions within leaf litter resourcing current constraints. ACTION (with evidence) ACTION 2014: on 8 May responded ESDD work with the NCA and to the Government response commits The Government awareness community a comprehensive develop City Council to Queanbeyan of and behaviour change program, including ongoing development education awareness and education. information, Lake for web presence an enhanced funding to no dedicated progress on this action due There has been limited of other competing the proposed program on account being available for have upgraded their ACT Government priorities. Both the NCA and quality and health warnings. water on lake web-based information responded: TAMS for the options exploring to the Government commits Response The Government’s from collected for using organic matter driven mechanisms, for market potential purposes. commercial and verges for streets undertaken process considered as part of a procurement was recently This option by-product for managing green explore options to Section Urban Treescapes by during collected leaf material activities. Unfortunately from urban tree maintenance to be transferred that needs programs is classified as A Class waste sweeping street Section and Treescapes Urban of Hydrocarbons. of the presence landfill because to so it does of this material for treatment explore options to will continue ACT Roads could by this approach that landfill. Savings generated to be transferred not need to existing expansion of for further may allow material of suitable include composting programmes particularly during autumn. sweeping inner program that gives priority to has a targeted Maintenance – Road ACT Roads to provide has the potential where heavynorth and south suburbs autumn leaf fall attached. (see Appendix 3) Griffin. The program is Burley Lake loads for nutrient efficiency sweepers with better street of fleet has an improved Maintenance Road copy to six brooms. A four increased from has now The fleet capacity. and greater analysis is attached. of the benefits the Commissioner. of this work to evidence provided TAMSD on a but it is not being introduced conducted shift trial There was also a night the time being. basis for permanent DIRECTORATE DIRECTORATE RECOMMENDATION 8: The ACT Government, Queanbeyan City Queanbeyan Government, 8: The ACT work Authority Capital Council and National of the impact awareness raise to collectively and other household or matter, of organic garden example, (for materials commercial Burley on the Lake fertilizers) and lawn should Information catchment. Griffin of all sectors that include the contribution water improving to make can the community using and disposing appropriately quality by of such materials and Queanbeyan Government 9: The ACT sweeping their street City Council evaluate to minimise leaf and schedules practices having from matter and other organic litter Griffin’s Burley impacts on Lake adverse quality. water

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 15 living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS ACTION (with evidence) ACTION responded: ESDD agrees that leaves and that the Government response indicated The Government are a the Lake and then into system stormwater the entering other organic matter in autumn This is especially evident availability. increasing nutrient to contributor key in more growth periods when plant when deciduous trees drop leaves and in wetter identify will seek to that the Government vigorous. The response also indicates focus on sweeping with a street to increase the frequency of additional resources the Lake. affecting with autumn leaf fall suburbs investigate and sweeping practices street existing will also review The Government sweeping and landscape street of effectiveness to increase the opportunities drains. it enters before material capture programs to maintenance compliment of public land and roads needs to that management The response notes impact of about the potential catchment landholders in the Lake to inform efforts behaviour in managing their leased land. their own opportunities within the considering the Government The response also commits with deciduous trees along waterways replace to policy, urban tree replacement species. evergreen for for the potential options exploring to the Government The response commits and streets from collected using organic matter driven mechanisms, for market based as will community purposes, will also be explored, commercial verges for facilities. composting including local options, and of the condition supports a review the Government The response indicates review Lake. The into the flowing channels stormwater in GPTs of all effectiveness requirements. impact and maintenance efficiency, should include their location, Government ACT GPTs. The existing of the efficacy review to will be sought Funding by if warranted of GPTs guidelines on design and installation revised will introduce review. the WSUD quality monitoring community-based water for the ongoing resourcing of Options by the conditions of funding given the tightening is being considered (Waterwatch) excludes this activity from national which effectively Government Commonwealth the past support from for funding, where it had received management resource 10 years. at the University of Canberra has Ecology Freshwater for the Centre work by Recent with Waterwatch from data quality monitoring comparability of water the confirmed laboratories. commercial by Government the ACT to under contract collected data provides a solid in this activity and investment This affirms the value of previous quality in a future water data community and professional of for integration platform arrangement. monitoring DIRECTORATE DIRECTORATE RECOMMENDATION

16 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS that It is essential a cooperative approach is not but only envisaged implemented. I look forward seeing the to Final Plan of Management and the implementation of this plan in a timely and way. effective ACTION (with evidence) ACTION responded: ESDD noting that response agreed-in-principle with this recommendation The Government to address Palerang Council is required and Government of the NSW the cooperation the to The response points issues at their source. erosion and other land management management. catchment cooperation in cross-border building on existing need for includes the Upper Molonglo as above Basin Priority project detailed The ACT the will assist conditions of current where monitoring catchment a targeted collaboration Strong cross-border for treatment. of erosion hot spots identification catchment and the local Government the NSW government, with local as part of the roll out this project through a dedicated is envisaged community committee. inter-jurisdictional responded: Directorate Development Economic liaison bears primary responsibility for that ESDD and EDD understand The LDA with other agencies about soil erosion measures. in developments to LDA closely with the NCA in relation works the LDA However areas. designated responded: ESDD and response agreed in-principle with the recommendation The Government was being Draft Plan of Management that the Googong Foreshores indicated of recreational use and grazing finalised and proposed additional monitoring of that implementation The response indicated quality. water protect pressure to the Plan would depend on available resources. operation, which would require bring the finalised plan into to is yet The Government and Municipal Services. Territory for the Minister by its endorsement responded: TAMS and response agreed in-principle with the recommendation The Government was being Draft Plan of management that the Googong Foreshores indicated of recreational use and grazing finalised and proposed additional monitoring that implementation indicated The Response quality. water protect pressure to of the Plan would depend on available resources. ESDD have is being finalised. Draft Plan of Management The Googong Foreshores review. for with a final draft of the plan TAMS provided DIRECTORATE DIRECTORATE ESDD/TAMSD RECOMMENDATION Rural Catchment Management Catchment Rural governments and NSW the ACT 10: That Authority support Capital and the National of on-ground planning and implementation for soil reduce the potential to actions River, in the upper Queanbeyan erosion and Jerrabomberra upper Molonglo River of involvement In doing so active Creek. Council, the Molonglo Catchment Palerang and other ACTEW Group, Management strongly to be should continue NRM groups and supported. encouraged finalise and Government the ACT 11: That Draft Foreshores the Googong implement The plan should Plan of Management. monitoring, reporting include adequate ensure and mechanisms to and review, ACTEW, between cooperation effective of the in the management and ACT NSW Foreshores. Googong

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 17 living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS to It is refreshing see the activities that are in place manage to the wetland environment. built 1.8 kilometre of new stock fence and provided off-stream watering to exclude exclude to watering off-stream and provided fence stock of new built 1.8 kilometre zone and paleochannels from the sensitive Molonglo River riparian cattle Reserve-wide systems monitoring and groundwater both surface established and geomorphology hydrology on the Reserve’s studies contracted collating document, of Jerrabomberra Wetlands’ and Values prepared a ‘Resources Wetlands in the regarding water information new and analysing considerable of a weir across the Causeway construction the study into feasibility a initiated of fish management quality and feral water the ecology, improve Channel to that area. ACTION (with evidence) ACTION responded: ESDD invited 2012, the Government that in August response indicated The Government plan which will guide the future development on a draft master feedback community of the Jerrabomberra Wetlands. TAMS. for are a matter the Jerrabomberra Wetlands for arrangements Management responded: TAMS and Jerrabomberra Board of Government During 2013/14, the ACT have: Management • • • • • the Commissioner. to of this work evidence provided TAMSD DIRECTORATE DIRECTORATE ESDD/TAMSD ESDD RECOMMENDATION 12: That the Jerrabomberra Wetlands Wetlands the Jerrabomberra 12: That Government, ACT of Management, Board of the management and NCA investigate watercourses Wetlands Jerrabomberra Burley quality in Lake water in improving Griffin. This should include: and identification a) advancing zones exclusion cattle of implementation and wetlands; in the Jerrabomberra the way the improving b) Investigate function through currently Wetlands However watercourses. of the alteration impact should not detrimentally changes any recreational cultural, the environmental, values of and educational scientific the Wetlands. Management Sewerage Protection Environment 13: The ACT the and update review Authority (EPA) number Authorisation Environmental within the treatment sewage 0417 for Treatment City Council Sewage Queanbeyan process the treatment that ensure to Plant matches quality that in discharge results for a modern, practise best contemporary In line plant. treatment urban sewerage should continually with this, the QCCSTWP practises its mitigating and improve review at the events washout and inundation for plant. treatment

18 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS Noted. to I look forward the finalisation of an updated Environmental Authorisation and EMP. ACTION (with evidence) ACTION responded: ESDD to monitor continues that the Health Directorate response indicated The Government based pollution in the Lake. sewerage an Environment to is a signatory Water that ACTEW The response also indicated ACT for the Authority Protection Environment with the Agreement Protection reuse and effluent facilities treatment sewerage (excluding Network Sewerage The frameworks. out reporting and notification sets projects). This Agreement Environmental of updating all through the process is working strategically EPA sewage for Act 1997 Protection Environment Authorisations issued under the authorisations is that they contemporary of all A condition in the ACT. treatment which identifies the EPA by Plan (EMP) approved Management have an Environment using best will be mitigated they and how the environment to and assesses the risks to be modified controls for operational risk flexibility This allows available practices. time. change over and technologies as standards or improved Uriarra Treatment ACTEW’s Plan for Management the Environment approved The EPA to more accurately the Authorisation in June 2013 which enabled changes to plant harm. A draft EMP has been received environmental cause that could risks categorise the with changes to Centre Quality Control Molonglo Water Lower ACTEW’s for developed and knowledge experience The being drafted. authorisation currently the to will be transferred of these EMP’s and approval through the development by Queanbeyan the Authorisation held changes to and facilitate plant Queanbeyan City Council (QCC). operations which will treatment of sewage review a strategic QCC has commenced will Plan (EMP). The EPA Management of their Environment the development inform in late completed to be expected work closely with QCC on their EMP a final completion. from its follow to the Authorisation 2014 with changes to procedures of 2010 the QCC has implemented event flooding the significant Following events wash out to mitigate which include regular inspections of dam infrastructure for inundation and wash and procedures The EMP will include practices at the plant. at the plant. out events responded: TAMS report when an upgrade is identified. the ACTEW respond to That they DIRECTORATE DIRECTORATE ESDD/TAMSD RECOMMENDATION 14: The ACT Government require ACTEW ACTEW require Government 14: The ACT on the condition regularly report to in in urban areas system of the sewer and catchment Griffin Burley the Lake reduce to for upgrading priorities identify and possible leakages blockages sewer the risk of and reduce the system, from failures. system

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 19 living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS and I look Noted the to forward of the outcomes discussions in the near future. however Noted the Urban Lakes Plan and Ponds of Management be is due to however revised, this I understand on is dependent future funding bids. A Murray-Darling Basin priority project has been agreed with the Commonwealth. with the agreed has been A Murray-Darling Basin priority project way in an integrated issues quality and catchment will water This project address lakes. including ACT and surrounding regions, ACT in the six priority catchments accorss – Striking the Strategy Water ACT has been amending and updating the ESDD be made public in the near future.” to and this work is expected Balance, ACTION (with evidence) ACTION responded: ESDD that the NCA agree in principle and indicate response was to The Government of managed about the feasibility Water discussions with ACTEW has commenced temperature releases from Googong Dam with the objective of manipulating water for the NCA. This is a matter in the Lake. gradients this time. at nil response stated TAMS nil response. EDD stated responded: ESDD Lake that the findings of and note in principle agree was to response Government The to Lake with priority given key waterways, to other extended can be enquiry Griffin Burley study 2009 CSIRO that the also indicates response The catchments. and Woden Tuggeranong potential Program identifies Urban Waterways Integrated Canberra the by commissioned catchments. urban wetlands throughout Canberra’s of construction and applicability locations, quality water address work to Basin Priority Project proposes ACT announced recently The and nature 6 years. The the next and region over in the ACT issues in six priority catchments the over monitoring comprehensive on new based determined be are to works of these extent program. monitoring ACT-wide as part of a new priority catchments two years in the next Plan of Management and Ponds Urban Lakes of Canberra’s and update A review TAMS. for is a matter responded: TAMS is included Plan of Management and Ponds Urban Lakes of the Canberra’s The review that require updating. Additional funding of Plans Management on a priority list this Plan. update to process through the 2014-15 budget will be sought 2014: on 15 May CMTD responded … to has provided the response that ESDD review to had the chance have now We to provide. or report and CMTD has no further information [this] recommendation…, that: of a policy response way CMTD added by However, to progress work contributing is actively ACT Government It is worth noting that the your reports were published there have been two Since policy. to water in relation of relevance: major developments • • DIRECTORATE DIRECTORATE All relevant ACT Directorates ESDD/TAMSD RECOMMENDATION River Flow Management Flow River Authority should Capital 15: The National and costs feasibility, the investigate for releases, water of providing benefits the summer over flow increased example multi- Dam’s as part of Googong months role. This should be undertaken objective ACT and NSW with the in consultation government local relevant Government, holders. stake and community Waterways of other Recreational Management of the assessment 16: A comprehensive value social and economic environmental, and be undertaken in the ACT lakes of key and predicted current account into take This assessment quality. water to challenges should inform: Urban of Canberra’s and update a) a review Plan of Management and Ponds Lakes consultation community extensive involving the long-term account into and taking quality in the water to challenges urban catchments; investments government b) the need for quality; in water trials of appropriate c) decisions regarding management and catchment in-lake assessed from with the results measures, social and (environmental), scientific and perspectives; economic of implementation d) decisions regarding options. management and catchment lake

20 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS the positive I note and look steps the to forward release of the to strategy water of see the extent proposed ACT any wide catchment management strategy. ACTION (with evidence) ACTION responded: ESDD that the and indicated response agreed with this recommendation The Government a form of cross border agreement of to seeking the ratification is committed ACT The response catchment. Griffin and its Burley of Lake to the management relating statutory for creating a options is exploring Government that the ACT also indicated by the recommended coordination of the range actions for responsible office Force. Task Griffin Burley Commissioner and the Lake and the in NSW stakeholders key of the cooperation has sought The Government is Government The Force. Task the operation of continue to Commonwealth governance. management catchment for improved consider options to continuing also which will be finalised shortly, Territory, for the Strategy Water draft The new management ACT-wide-catchment preparation of an to includes a commitment works. and protection guide restoration to strategy of an Basin Priority Project includes the establishment ACT announced The recently and manage cross-border issues coordinate to committee interjurisdictional and cross catchment to the Upper Molonglo priority especially in relation investment will committee of this The formation more generally. management border catchment issues. management catchment of cross-border consideration to vitality add renewed responded: TAMS at this time. Nil response from TAMS DIRECTORATE DIRECTORATE ESDD/TAMSD RECOMMENDATION 17: The ACT, Australian, NSW and local and local NSW Australian, 17: The ACT, Griffin- a Burley establish governments catchment Molonglo-Queanbeyan agreement Such an agreement. management should outline: for the integrated objectives a) strategic of the Lake management and coordinated water encompasses to and catchments, water, potable flows, environmental quality, urban and and future land use, wastewater, impacts on the catchment; change climate water for responsibilities b) each party’s and its catchments; quality in the Lake planning catchment c) a long-term and framework; adaptive, d) an evidence-based, workplan. management of multi- challenges past avoid To management catchment jurisdictional should such an agreement co-ordination, group governance include a dedicated all jurisdictions, from with representation mechanism to and persistent a consistent and accountability, implementation ensure requirements. and reporting as Authority, Capital The National should in the first manager, Lake relevant of a meeting convene instance to guide the representatives jurisdictional recommendations. above

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 21 living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS see to I am keen these profiles and plans as soon are available. they ACTION (with evidence) ACTION that review and noted response agreed with this recommendation The Government 1999 will include the nature Plan of Management of the Canberra Nature Park issues including the Action address current reserves 1999 and policies to added since change and connectivity. climate will consider 1999. The review since Plans developed with has commenced Plan of Management of the Canberra Nature Park The review Park reserves, for each of the Canberra Nature Reserve Profile the preparation of a including the reserves 1999 and those that have been agreed as offsets added since The work is being closely coordinated Assessment. under the Gungahlin Strategic TAMS. Reserve by Operational Plans being prepared with the preparation of as work progresses on the plan. The Commissioner will be consulted responded: TAMS and has commenced Plan of management Park Canberra Nature of the review The is being Plan of management of the revised development The ESDD. is being led by TAMS. of reserve creation with the by plans operational in coordination close undertaken are are DIRECTORATE DIRECTORATE within NOTE: of the scope this audit, only policies to relating Action Plan. No 29 relevant, further audits check may of the status Action Plans 28 and 27 ESDD/TAMSD nature reserves added to the reserve the reserve added to reserves nature since 1999; system reserves nature categorising addresses 3.4); (recommendation issues and those current address polices to since 1999, particularly; developed ACT Lowland Action Plan No. 27 — Strategy; Conservation Woodland ACT Native Lowland Action Plan No. 28 — Strategy; Conservation Grassland Species ACT Aquatic Action Plan. No 29 — Strategy; Conservation and Riparian Zone and (including change of climate consideration Nature on the Canberra Impacts of Climate Dr Bob Webb by and responses Risks Park: (including — Appendix E) and connectivity Change for Climate Connectivity Ecological by region and surrounding in the ACT al.). Manning et RECOMMENDATION Report on the Canberra Nature Park (nature reserves), Molonglo River Corridor (nature reserves) and Googong Foreshores Investigation Foreshores and Googong reserves) Corridor (nature Molonglo River reserves), (nature Park Nature on the Canberra Report Park Nature the Canberra 4.2 Reviewing under Plan 1999 as mandated Management Act 2007 and the Planning and Development in so doing include: • • • • • • •

22 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS This complaint from a stemmed lack of accessible data. and current it is view In my that essential be projects can from easily tracked concept the initial through stages, the planning and development as well stages, as the requisite and monitoring reporting required during and post development. ACTION (with evidence) ACTION responded: ESDD that the Molonglo Riparian indicated this recommendation response to The ESDD and had been Concept the Molonglo River Park was superseded by Strategy website. be released on the ESDD and did not need to the LDA published by previously including the Conservation Council, were stakeholders, that key The response notes plan, incorporating Park Concept time. The River at the relevant given full access Ongoing nature website. is published on ESDD’s the Molonglo Riparian Strategy, TAMS as part of by Park is being undertaken for the River conservation planning program. This includes ongoing and implementation the Plan of Management stakeholders. with public communication and consultation Molonglo are responsible for that a number of directorates The response indicates 2011 Significance, Environmental of National of Matters the protection Plan for Valley TAMS. There is information EDD and ESDD, including Plan) an implementation, (NES actions. It is Plan and implementation about the NES websites on these directorates’ Plan that an annual report be prepared on the of Section 6 the NES a requirement These reports are available on the year. actions during the relevant implementation at www.economicdevelopment.act.gov.au/about_us/publications EDD website and the NES Park Plan of Management on the Molonglo River information Website as required. Plan is regularly updated responded: TAMS 2011, was a foundation and North Weston Coombs The Molonglo Riparian Strategy the preparation of Agency and informed Land Development prepared by document ESDD. Plan by the Molonglo River Concept Reserve for the Molonglo River a draft Plan of Management has completed TAMS and comment. review for stakeholders Government to which has been distributed ESDD/ Ryan with direction from a joint by Dr Sarah by The draft plan was prepared Stakeholder and Conservation.Parks TAMS by chaired Committee Steering TAMS community to both of issues papers has included the distribution to date consultation sessions with government and information interviews stakeholders, and Government from the Comments Group workshops. and Community reference stakeholders in the draft. are incorporated process consultation 2014. A revised to the public in August/September The draft plan will be presented plan will be prepared on the basis of public response/ a final draft ready 2014. by the end of October legislative approval for in by the Commonwealth endorsed Strategy, Management The Molonglo Adaptive Significance Environmental of the National May 2013, guides the implementation The Riparian Strategy website. available on the TAMS and is now Plan Commitments is a useful background and North Weston, Coombs though applying only to even website. and will also be available on TAMS document DIRECTORATE DIRECTORATE ESDD TAMSD/ RECOMMENDATION 2011 Molonglo River Corridor Complaint 2011 Molonglo River is the Molonglo Riparian Strategy 3: that publicly on the ACTPLA website, released it will be of how along with an explanation Park the Molonglo River into incorporated regularly. Plan. This should be updated of has carriage that The Directorate plan should also the NES implementing website. on their this information host

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 23 living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS Noted. ACTION (with evidence) ACTION responded: ESDD of the precautionary principle in that the application response indicated ESDD’s of corridor and the protection to the river policy and decision making in relation environmental prevent To be well demonstrated. to species in Molonglo is considered principle, with the precautionary consistent degradation in the River Corridor, Plan and River Park through the NES planning has been undertaken environmental a comprehensive has commenced Plan. The response adds that TAMS Concept in the remediation work, and is well advanced and ecological program of landscape that by indicating concludes The response preparation of the Plan Management. and implementation and the Plan of Management ESDD, planning by environmental online publishing through current demonstrated are satisfactorily TAMS, programs by activities. and consultation is a matter The preparation of the Molonglo River Corridor Plan Management TAMS. for EDD responded: that estates measures in new precautionary and EDD have included several The LDA the Molonglo in Coombs, example For the Molonglo River Corridor. to are adjacent and including use of Hydrocon™ through WSUD River Corridor has been protected produce to has also partnered with Greening Australia The LDA traps. pollutant for species plant choose appropriate to help residents Guide a Molonglo Planting their gardens. of the and maintenance the Molonglo River Park is responsible for TAMS river area. responded: ESDD in relation communication and that public consultation response indicated ESDD’s ESDD. by conducted to be actively Molonglo continues to found can be for Molonglo about future plans communication of continuing Evidence at http://www.actpla.act.gov.au/topics/significant_projects/planning_studies/ molonglo_valley_stage_2_planning_project responded: ESDD in the OCSE report has been to referred that the study response indicated ESDD’s that The response further indicated published on ACTMAPi. and resulted conducted The report has was imminent. ESDD website of the full report on the publication been published at now http://www.environment.act.gov.au/__data/assets/pdf_file/0006/268692/Fine_scale_ modelling_of_fauna_habitat_and_connectivity_values_in_ACT_Final_for_trish.pdf DIRECTORATE DIRECTORATE ESDD/EDD ESDD/EDD ESDD RECOMMENDATION 4: that the Environment and Sustainable and Sustainable the Environment 4: that how demonstrate Directorate Development principle is being applied the precautionary to in policy and decision making relation of Corridor and the protections the River species in Molonglo. towards ESDD by be made efforts 6: Greater communication and public consultation for plans to future especially in relation ESDD views, resulting Molonglo and that including information and related responses, ESDD on the available be made timeframes regularly. and updated website and is conducted such a study 7: that of the Molonglo area of the entire inclusive has if this study Further, Park. River Valley be made the results that been conducted, website. on the ESDD available

24 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS It is encouraging that the government in terms thinks of cross border and management that this is clearly in their thinking the until however; strategy water is released and there implemented remains a lack on- of practical ground evidence. the current I note work that is around occurring review. WSUD ACTION (with evidence) ACTION responded: ESDD Government noting the this recommendation, supported response The Government achieve aiming always to management, and catchment in water record has a strong The management. resource for water conditions and appropriate sustainable and Commissioner of the recommendations both on previous has acted Government to programs own and regional it gathers as part of its and data on the information ensure the viability of to programs and activities of policies, a range implement the long term. supply into water ACT’s and ‘whole an integrated takes Government that the indicate on to goes The response planning and that incorporates management catchment approach to of process’ and licensing discharge abstraction, on water controls controls, development policy, of and management design and improved controls erosion and sediment regulation, water approach to that this integrated notes The response systems. urban stormwater Report. Commissioner’s in the recognised has been responsibilities program that includes water and assessment monitoring ongoing water the Beyond our water into feeds all of which monitoring, and biological flow stream quality, our of projects demonstrate a number and programs, strategies management and urban outcomes. water Canberra’s improving to commitment of wetlands and construction design in the strongly has invested The Government and community management of water a range providing throughout urban Canberra, channels concrete restoring wetlands are These benefits. and recreation education aquatic and creating quality and flood protection water improving systems’, ‘living to trialled will be stormwater harvested The species. native revitalising that are habitats further saving, irrigation of school and sports grounds, for source water as a secondary these water Beyond supplies. water availability of our potable the supplementing education and recreational water wetlands will provide the opportunities, harvesting communities bringing opportunities volunteering with in our suburbs, opportunities systems. in our water invest to together Plan inTerritory as part of the was given effect Code General WSUD The Waterways of implementation The principles. WSUD consider to developments 2009. It requires approach to in building a system-wide assists developments into WSUD mandatory catchments, broader and the our waterways systems, water managing non-potable at all points in urban water of the management the integrate effectively to moving cycle. water the DIRECTORATE DIRECTORATE ESDD/TAMSD/ CMTD RECOMMENDATION 1: Establish cross-boundary management of management cross-boundary 1: Establish including: resources water the ACT’s policy and an catchment i. developing supply catchment water integrated in as recommended strategy, management and Reports; of Environment State previous management integrated ii. strengthening exchange improved facilitating by action such as spatial and use of information, agencies, government between information, groups Management Resource Natural Authorities, Management and Catchment catchment sustainable promoting and by and with landholders management the community. Table 7 2011 State of the 7 2011 Environment ReportTable recommendations — Water

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 25 living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS . One of the Government’s priorities is to review and revitalise its Think water, act water, its Think revitalise and review to priorities is of the Government’s One of an and implementation development promote to that also notes response The ACTION (with evidence) ACTION supports the the Government context, management water Within that strong recommendations: a. much of the progress since 2004 and has supported in place has been policy that water time. that and quality over management in water has made the Government time, for the first changes that have, administrative is implementing The Government in a single unit. This will together management policy and catchment water brought policy that will be water to focus and monitoring management bring an enhanced act Think water, that updates strategy water and refreshed in a revised reflected part of as a central management will embed catchment strategy That revised water. planning and management. water approaches to the Government’s for our prioritised plans develop could strategy water catchment-focussed A broader, issues the various water that address identified urban, rural and natural landscapes response. a coordinated and provide those areas face b. the supply and management, water cross-border ACT/NSW to approach regional integrated management on a regional in place agreements have already Governments and NSW ACT and settlement. resources on water Agreements Border as Cross as well framework management catchment for structure a governance is establishing The Government and land management. water approach to an integrated adopt which aims to key issues involving management address cross border catchment It will seek to relationships collaborative The Government’s advice. and expert stakeholders Authorities Management Catchment groups, Management with Natural Resource will also be community groups organisations and and other non-government through that process. strengthened responded: TAMS at this time. Nil response from TAMS 2014: on 15 May CMTD responded … to has provided the response that ESDD review to had the chance have now We to provide or report and CMTD has no further information [this] recommendation…, that: of a policy response way CMTD added by However, to progress work contributing is actively ACT Government It is worth noting that the your reports were published there have been two Since policy. to water in relation of relevance: major developments Commonwealth. with the agreed A Murray-Darling Basin priority project has been way issues in an integrated quality and catchment water This project will address lakes. including ACT and surrounding regions, ACT in the across six priority catchments – Striking the Strategy Water ACT has been amending and updating the ESDD be made public in the near future. to and this work is expected Balance, DIRECTORATE DIRECTORATE RECOMMENDATION

26 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS and Noted, approach current supported. ACTION (with evidence) ACTION responded: ESDD in-principle and this recommendation response supported The Government of aquifers understanding to improve of continuing the importance acknowledged and manage impacts on to identify and and contamination, at risk of over-use that given groundwater indicates The response goes on to quality. groundwater the Government water, to surface compared is a relatively small resource in the ACT under highest Aquifers monitoring. groundwater approach to a risk-based has taken proportionally more at risk are afforded most and therefore abstraction demand for in conservation reserves where — aquifers measuring and monitoring for resources to manage risk; aquifers require minimal information is occurring no abstraction such as the catchment in urban areas with higher use along other changes to bores More monitoring require more information. increased impervious surfaces are used to in urban areas and a wide range of methods in aquifers are located yield. sustainable determine bores monitoring has 15 groundwater out that the Government The response points from provided from another six sites information in high demand areas and receives groundwater accurate These bores provide abstractors. groundwater interested to for water about the transmissivity (capacity based on information assessment and capacity potential storage conductivity, hydraulic through the aquifer), move recharge responses aquifer types. In particular, of the various aquifer recharge rates the in quantifying may provide they the information for are monitored rainfall to change. from climate expected patterns of changed rainfall effects and a compliance funding has developed through Commonwealth The ACT groundwater. plan for program and management enforcement recharge rates report on groundwater an updated received 2013, ESDD In August bores. The recharge that have the majority of abstraction in the sub-catchments extreme drought i.e. a period of a full range of recharge conditions covers assessment cycle. an El Nina high rainfall by followed on sub-catchment calculations previous validates recharge assessment The latest as only been further augmented, has not yet monitoring Groundwater recharge rates. 2 years and these during the past bores have been installed volume a handful of low increased the risk profile of sub-catchments. have not significantly responded: TAMS at this time. Nil response from TAMS DIRECTORATE DIRECTORATE ESDD/TAMSD RECOMMENDATION 2: Complete assessment of the ACT’s at risk at of the ACT’s assessment 2: Complete resources. groundwater

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 27 living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS Noted. The release of the final water and it’s strategy implementation will help to clarify progress. ACTION (with evidence) ACTION responded: ESDD policy and catchment that the water response indicates The Government area within the one administrative to be moved areas are to management This will enable more (ESDD). Directorate Development and Sustainable Environment of ‘whole supply’ and implementation development policy and programs effective resources. water ACT for Think water, it’s reviewing is currently that the Government The response indicated in this recommendation four areas nominated the policy and has identified act water policy approach. As part of that management a broader catchment to as integral key areas are collection and reporting across those data to improve options review, is being WSUD implementation to monitor a means In particular, being explored. effect have best the ways in which it can understanding to with a view considered, management. in broader catchment and our understanding that not only will this work improve The response also notes in support the Government areas, it will better catchment of our own management by the Council of Water Initiative agreed fulfilling its obligations under the National Governments. Australian Strategy Water Draft ACT the revised – Striking the Balance, the Future for Water of the previous Review The public consultation. 2013, was launched on 3 July 2013 for to the was also released as a supporting document act water Think water, strategy, Draft Strategy. workshops 2013 and included seven period closed on 30 August The consultation Board. 22 written Water ACTEW to the as well a presentation across the ACT is been assessed. The final Strategy and have now submissions were received will accompanied strategy be released in mid 2014. The finalised scheduled to Plan. Implementation a 5-year by at ESDD website are available from the strategy on the draft Submissions received http://www.environment.act.gov.au/water/act_water_strategy/draft_act_water_ strategy_2013 responded: TAMS at this time. Nil response from TAMS EDD responded: measures in all and erosion control and sediment WSUD implements The LDA to and aim about requirements projects. These are based on initial assessments quality. on water the impact of urban development reduce reporting across all LDA sustainability and implemented has developed The LDA depending on what phase of the against are reported indicators projects. Different and erosion control and sediment the project is in. WSUD process development on annually. measures are reported DIRECTORATE DIRECTORATE ESDD/TAMSD/ EDD RECOMMENDATION 3: Update water management, monitoring monitoring management, water 3: Update to inform: programs and reporting impacts of urban to mitigate i. actions quality; on water development Urban Sensitive Water of ii. the efficacy Design measures; and erosion in sediment iii. improvements actions; and mitigation lakes. of ACT management iv.

28 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS I appreciated this considered response and the progress in the implementing recommendations. The Government, working with the relevant NSW agencies, has mapped NSW working with the relevant The Government, and Water Council on Environment Standing Government’s The Council of Australian ACTION (with evidence) ACTION projects in 2012–13 were reported projects in 2011–12 and seven eight example For the to appropriate on in the Planning Phase. All of these included WSUD strategies of the project. Six projects in 2011-12 and six 2012–13 and location size and sediment Phase. All of these implemented in the Civil Works were reported measures. erosion control quality further water ensure funding for to work with ESDD is aiming to The LDA that the LDA for areas. It is important in appropriate is implemented monitoring way. effective cost in the most measures are implemented WSUD responded: ESDD in-principle noting that the recommendation response supported The Government their and understanding part of our landscape soils are a fundamental healthy ACT The outcomes. management catchment to broader is important condition the impacts of that, despite Council has reported Management Natural Resource ACT land uses and our periods of time, current extended urban and rural use over capability are not inconsistent. land existing A range of conservation planning, research and mapping activities are being of ecological understanding support a better to the Government by undertaken example, for actions. This includes, of management and the effects processes that allows using aerial photography ACT vegetation lowland mapping of vegetation of The amount cover. tree to percent according areas of vegetation the classification functions, an ecosystem on how effect in an area has a profound cover tree/canopy that this ‘structure’ found have consistently Ecologists and what species are present. determining species, in than the particular plant is more important of the vegetation Mapping and on bush fire behaviour. what assemblage of animals is present land managers, to and sound advice accurate programs of this kind are providing of and building the understanding agencies and the community government manage our land resources. better needed to process ecosystem a. supporting a range of natural soils, with the data half of the ACT’s approximately consider mapping the will Government activities. The management resource programs and strategic of its broader context remaining proportions within the funding programs. including through Commonwealth availability, resource subject to of a soils policy. to the development can be given Consideration b. requires agreed, once that, Framework Vegetation Native Australia’s is reviewing to expand Opportunities vegetation. condition of and extent the to monitor jurisdictions within overarching considered will be policy outcomes programs or enhance current availability permits. and as resource responses environmental DIRECTORATE DIRECTORATE RECOMMENDATION 4: Improve monitoring to assess the impact to monitoring 4: Improve resources, land and water on local of erosion the interactions understand help to and to ecosystem and catchment ACT’s the between services in particular: the baseline soils mapping for i. undertake and assessment monitoring facilitate to ACT of soil condition; of land health including indicators ii. identify quality and change, vegetation soil heath, and and monitor and land use changes, basis; on these a regular publicly report by land health data limited iii. improve in water including land health assessments soil condition inform to data catchment and the ACT; across and to sediment related actions improve iv. mitigation. erosion

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 29 living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS The assessment of likely hotspots for soil erosion leading to in-stream turbidity in-stream soil erosion leading to hotspots for of likely The assessment c. item to See response soils, with half of the ACT’s has mapped approximately Government The NSW turbidity in stream soil erosion leading to hotspots for of likely The assessment ACTION (with evidence) ACTION c. as collaboration the Upper Murrumbidgee catchment for is being undertaken Management and the Murrumbidgee Catchment ESDD Water, ACTEW between and reporting health measurement catchment of consideration Further Authority. and strategy water of the new the development following will be undertaken its implementation. d. parts: progress has been made on recommendation The following a. ACT activities. The management supporting a range of natural resource the data to map the remaining Government the NSW contracting will consider Government programs and subject strategic of its broader context proportions within the funding programs. including through Commonwealth availability, resource to of Office NSW of a soils policy. to the development can be given Consideration soil landscape complete to ESDD by has been contracted and Heritage Environment soil ACT a consolidated and produce half of the ACT the western mapping for This project is map that will be made publicly available on ACTMAPi. landscape by June 2015. completion and is scheduled for ESDD, Natural Environment, funded by b. as collaboration the Upper Murrumbidgee catchment for is being undertaken Management and the Murrumbidgee Catchment ESDD Water, ACTEW between and reporting health measurement catchment of consideration Further Authority. and the act water of the Think water, the review following will be undertaken In addition, and its implementation. strategy water of the new development a complete to and Heritage Environment of Office the NSW has contracted ESDD the ACT This project will provide the ACT. for Framework Landscape Hydrogeological and medium areas of high, low showing salinity assessment, with a comprehensive in will also assist map. The HGL Framework risk assessment risk in a salinity hazard a range of land of rural, urban and conserved lands for the capability determining key problems in each objectives. Mapping will help identify uses and management to address them within land available area, and the options HGL and management and Heritage Environment of Office NSW by The project was developed use capability. Natural Resource Regional Government with the support of Australian ESDD for (Stream 1) and is scheduled for Change Fund Climate Planning for Management by July 2015 completion DIRECTORATE DIRECTORATE RECOMMENDATION

30 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS to I look forward the release and of implementation strategy the new which I understand is imminent. Noted. that TAMS I note has an established schedule of GPT cleaning however more recent information is required on of the efficacy the GPTs. ACTION (with evidence) ACTION responded: ESDD this recommendation. response agreed to The Government for the Water in July 2013 strategy draft water released a new The Government (http://www.environment.act. public consultation for – Striking the Balance Future gov.au/water/act_water_strategy/draft_act_water_strategy_2013) consultation of taking account strategy, has been finalising this The Government by mid 2014. strategy releasing the final to with a view comments, consideration of the includes strategy of the The finalisation and implementation raised in this recommendation. matters responded: TAMS at this time. Nil response from TAMS responded: ESDD this recommendation. response agreed to The Government of and an audit of the performance quality monitoring water of ACT A review conjunction with the in is being undertaken quality infrastructure water existing to be of the Basin Priority Project, which requires monitoring implementation the prior to NSW and adjacent in the ACT in 6 priority sub-catchments undertaken development the inform will work This interventions. on-ground best of determination the Territory. program for quality monitoring water of a new responded: TAMS at this time. Nil response from TAMS responded: ESDD this recommendation. response agreed to The Government TAMS. for This is a matter responded: TAMS every after and GPT’s inspects all the trash racks Maintenance – Roads ACT Roads yearly cleaning of the GPT’s. twice >25mm/hr as well undertakes event storm attached. procedures See GPT the Commissioner. to of this work evidence provided TAMSD DIRECTORATE DIRECTORATE ESDD/TAMSD ESDD/TAMSD TAMSD RECOMMENDATION 2007 State of the Environment report Water recommendations Water report of the Environment 2007 State water integrated an ACT 1a. developing policy and management supply catchment guide, among other things, to strategy of: coordination research, (i) scientific collection, (ii) data (including and reporting (iii) monitoring public information). of urbanisation the effects 1b: monitoring and catchment water region’s on the ACT and in developing using the information to response in strategies implementing development example, specific issues (for sites). of greenfield of the the effectiveness 1c: monitoring (including its network Trap Pollutant Gross to identify program) supporting maintenance in effectiveness its overall improve to ways quality. water surface protecting

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 31 living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS Noted. Noted. t areas of the he science based approach to restoration works within the Lower Cotter Catchment Catchment Cotter within the Lower works restoration based approach to he science ACTION (with evidence) ACTION responded: ESDD this recommendation. response agreed to The Government in 2010 to Quality Control Molonglo Water upgraded the Lower Water ACTEW to minimise the continues discharged from the plant water ensure that treated population forecast for catering whilst impact of the Murrumbidgee River system the the Murray Darling Basin Authority details to The annual Salinity Report growth. the to be provided can Salinity Report of the latest of salt discharged. A copy levels on request. office Commissioner’s responded: TAMS at this time. Nil response from TAMS Report with of the Environment of the State review in the has participated The LDA LDA The Environment. and the for the Commissioner of Sustainability the Office with a series of system reporting a sustainability and implemented has developed all projects. on across reported are that indicators and have other reporting into research through developed were The indicators report. of the Environment included in the State the indicators to been compared these align. appropriate, Where responded: ESDD this recommendation. response agreed to The Government responded: TAMS T aquatic studies into wide catchment with the ANU and UC undertaking continues are also published and peer reviewed. These various studies factors. and terrestrial studies throughout the various Conservations Planning and research also undertake northern section of Namadgi National park, including the southern mos and control erosion and sediment of tree planting, in the form On ground works LCC. managing approach to a large part of the physical-based also form road maintenance LCC. through the works of restoration this area and the provision the Commissioner. to of this work evidence provided TAMSD DIRECTORATE DIRECTORATE ACTEW/ TAMSD ESDD/ All relevant directorates ESDD/TAMSD RECOMMENDATION 1d: determining the sources and loads of the sources 1d: determining treatment the wastewater salts entering to and using the information networks salt discharges reduce to strategies develop Rivers. the Molonglo and Murrumbidgee to in the State indicators 1e: ensuring the key Resource Natural Report, of the Environment Plan and other relevant Management reviewed are reports Government ACT and aligned in efforts restoration 2a: Further progress continuing by Catchment Cotter the Lower management to the science-based approach monitoring to with an emphasis given of recovery on and publicly reporting this catchment;

32 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably COMMISSIONER’S COMMISSIONER’S COMMENTS Noted. Noted. work is Further ensure needed to an appropriate between balance recreational opportunities and conservation outcomes. ACTION (with evidence) ACTION responded: ESDD this recommendation. response agreed to The Government responded: TAMS parkland areas to protect has an ongoing program of barrier installation TAMS was included] and erosion. [A photograph illegal vehicle access to exposed responded: ESDD this recommendation. response agreed to The Government responded: TAMS at this time. Nil reponse from TAMS DIRECTORATE DIRECTORATE ESDD/TAMSD ESDD/TAMSD RECOMMENDATION 2b: further reducing water turbidity water 2b: further reducing of areas targeting through in streams high have that vulnerability greatest potential rehabilitation activities, recreational 2c: clearly defining being the water of with protection priority highest

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 33 living sustainably

Recommendations in the ACT State of the Environment Report 2011 Following the release of the ACT State of the Environment Report 2011 tabled in the Legislative Assembly on 5 June 2012 the Government supported or supported in-principle nineteen of the twenty-two recommendations, and gave in-part support for recommendations seven, ten and nineteen. This year’s annual report examines the implementation of actions by the Territory under these recommendations.

Table 8: Progress on implementing recommendations from the ACT State of the Environment Report 2011

Directorate Broad subject area Government Response

ESDD and 1) Establish cross- The final ACT water strategy, scheduled for release in mid-2014, will guide TAMSD boundary management management of the Territory’s and region’s water supply, management and of the ACT’s water catchment practices over the next 30 years. resources including: The water strategy includes outcomes, strategies and actions that i. developing catchment incorporate the full breadth of water management activities in the ACT, policy and an integrated including but not limited to: catchment management; stormwater and water supply catchment flood management; water supply and services; water for the environment; management strategy, recreational water use; and public health. as recommended in The strategy is focussed on achieving three outcomes: previous State of the Environment reports; 1. healthy catchments and waterbodies; and 2. a sustainable water supply used efficiently; and ii. strengthening 3. a community that values and enjoys clean, healthy catchments. integrated management action by facilitating A number of the actions within the water strategy will deliver against improved exchange and recommendation 1 (2011 SoE Report) , in particular the requirement to: use of information, such • establish catchment management arrangements to better integrate as spatial information, water and land management for improved water quality and catchment between government health in the ACT and region; agencies, Natural • further developing an evidence base on which the ACT can make Resource Management planning and investment decisions will require ongoing efforts to groups and Catchment collect data; Management Authorities, and • develop an integrated catchment management plan for the ACT to guide by promoting land and water management for protection of water quality and water sustainable catchment supply; and management with • enhance ACT spatial planning framework for natural resource landholders and management (NRM) to inform management of land, water the community. and biodiversity. Establishing catchment management arrangements are a key focus for the ACT Government. The Environment and Planning Directorate has considered a range of possible catchment governance models, with the government to determine a way forward in mid-2014. In the development of these options the Directorate was cognisant of the need to: • enhance coordination and collaboration across the ACT and region around catchment-related government policy and investments (infrastructure, program funding); • build regional relationships (recognition of, and need to work cooperatively); • value and encourage community involvement; and • the need for better coordination of internal Territory decisions related to improving water quality and catchment health. All considered models reflect closer integration of water and land management and build on the ACT’s community engagement in catchment management, natural resource management and land care.

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Directorate Broad subject area Government Response

In addition to these significant policy initiatives, the ACT and Australian Government have signed a funding agreement under the Water Management Partnership Agreement on 26 February 2014 for the ACT’s state priority project (http://www.environment.act.gov.au/water/water_quality) to deliver the ACT’s basin priority project. This agreement will see the provision of up to $85 million to the ACT, with $8.5 million in ACT Government investment, for long term improved water quality and catchment management in the ACT. The project will be delivered in two phases: • Phase 1: Implementing a comprehensive ACT-wide water quality monitoring program with a focus on six priority catchments, including associated monitoring to provide evidence to underpin priority projects. • Phase 2: Development of infrastructure options for each sub-catchment, based on the analysis of the data collected from the monitoring, that will assist in improving the water quality flowing from these catchments. The analysis from Phase 1 will be used to inform the business case required for the second phase of the project – the construction of major water quality interception/improvement structures. The priority catchments are: • Lower Molonglo (new development) • Upper Molonglo (source water) • Tuggeranong (lake) • Yarralumla Creek (infill/developed) • Riverview, West Belconnen (Greenfields development) • Fyshwick (industrial/wetlands development) Phase 1 is due to be completed by June 2016. Finalisation of Phase 2 funding is to be provided by 2019. Funding for Phase 2 projects will be subject to assessment and approval from the Commonwealth. A number of governance committees and working groups have been established to ensure the appropriate management and oversight of the project. These committees and/or working groups include Commonwealth, NSW, ACT, and local government representation. There are also two project advisory groups to represent scientific, academic, peak professional and a wide range of community /catchment management groups. Inception meetings for these committees and groups occurred during May 2014 and memberships and terms of reference for each were confirmed. ESDD 2) Complete In August 2013, ESDD (now EPD)* received an updated report on assessment of the ACT’s groundwater recharge rates in the sub-catchments that have the majority at-risk groundwater of abstraction bores. The recharge assessment covers a full range of resources. recharge conditions (that is, a period of extreme drought followed by an El Nina high rainfall cycle). The latest recharge assessment validates previous calculations on sub-catchment recharge rates. Groundwater monitoring has not yet been further augmented, as only a handful of low-volume bores have been installed during the past two years and these have not significantly increased the risk profile of the sub-catchments. *Post-2013–14 the ESDD became the Environment and Planning Directorate and issued its report on actions fulfilling SoE requirements under its new name.

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Directorate Broad subject area Government Response

ESDD and 3) Update water As part of Phase 1 of the ACT basin priority project an ACT-wide water TAMSD management, quality monitoring program will be put in place, updating and realigning monitoring and existing monitoring arrangements to reflect changes in land use and reporting programs technology. As well as addressing water quality monitoring across the to inform: whole of the ACT, more intensive monitoring will also occur in the six i. actions to mitigate priority catchments. Adetailed audit of the performance of existing impacts of urban infrastructure will also be undertaken. development on water Tenders for this work have been issued by the Directorate. quality; These are currently being assessed to determine preferred tenderers. ii. the efficacy of A further project (under Phase 1) to investigate, audit and analyse existing Water Sensitive Urban ACT Government water quality infrastructure assets is currently being Design measures; advertised and is due to close 31 July 2014. This project will assess the iii. improvements in effectiveness of existing water quality infrastructure and recommend sediment and erosion possible augmentation and improvement opportunities. This will support mitigation actions; and the overarching objective of improving water quality in a cost-effective iv. management of and efficient manner. ACT lakes. Work is also progressing on the review being undertaken by EPD of WSUD regulations. Extensive consultation has been undertaken during the review, including industry and community workshops as well as a survey of stakeholders who had submitted development or building applications in the past three years. Research was also undertaken on WSUD implementation in other jurisdictions and WSUD’s influence on housing affordability. The review was assisted by an expert technical panel. TAMS is represented on the expert technical panel and has also provided input into the development of the ACT Water Strategy. The final WSUD report was considered by the Executive in early July 2014. Nil response from TAMS at this time. Sedimentation and erosion mitigation activities: In 2013–14 Fyshwick boat ramp access track to Molonglo River was resurfaced to address erosion which was washing sediment into the river. In 2013–14 follow-up environmental weed control was undertaken in the restoration of the foreshore area of Molonglo Reach. The works were completed from both conventional spray vehicles and working from a floating spray barge to access difficult areas. Greening Australia volunteers manually removed weeds from around newly planted trees and shrubs in the restoration area. Water management is an aspect of the increased collaborative emphasis of flood management and assessment of major urban design proposals, both of which are focuses for the Emergency Services Agency (ESA).

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Directorate Broad subject area Government Response

ESDD and 4) Improve monitoring i) (i) Soil landscape mapping was completed previously at the 1:100,000 TAMSD to assess the impact scale for the eastern half of the ACT by the NSW Government (Jenkins of erosion on local 1993, 2000). The NSW Office of Environment and Heritage (OEH) has land and water been contracted by the ACT Government to fill data gaps for existing resources, and to help ACT soil landscapes and identify new landscapes for the western to understand the half of the ACT using standard Australian soil survey and analytical interactions between methods. As part of the mapping process, related soil types in each the ACT’s catchment landscape are described and their chemical and physical properties and ecosystem services and constraints identified. in particular: (ii) EPD and TAMS have partnered in a project to develop a framework i. undertake baseline for monitoring reserve condition. This project started in early 2014. soils mapping for iii) and (iv) Hydrogeological landscape (HGL) frameworks build on soil the ACT to facilitate landscape mapping by using additional information on geology, monitoring and lithology, slope, soil depth, vegetation and climate to identify assessment of functional units for management within the landscape. The HGL soil condition; framework concept was originally developed to assist in managing ii. identify indicators of land and water quality issues associated with salinity. The concept land health including has subsequently been broadened to address a wider range of land soil heath, vegetation management issues such as soil degradation (for example, sodicity, quality and change, and acidity, erosion), soil carbon, biodiversity and vegetation, revegetation land use changes, and and wetland processes (for example, for hanging swamps, bogs monitor and publicly and fens). report on these on a NSW OEH and partners (NSW Department of Primary Industries, University regular basis; of Canberra) have been contracted to develop an HGL framework for iii. improve limited the ACT. Mapping will help identify key problems in each HGL and land-health data by management area, and the options available to address them within land including land health use capability. The HGL project is funded through the Commonwealth assessments in water Regional Natural Resource Management Planning for Climate Change Fund. catchment data to inform soil condition across the ACT; and iv. improve actions related to sediment and erosion mitigation. ESDD 5) Management Scientific research, data and monitoring in relation to biodiversity and of knowledge and conservation continues to be undertaken by the Conservation Planning and the coordination of Research unit. A report was released in 2014 which includes a summary of scientific research, data projects from 2011–13 which is available on the EPD website. There are a collection, monitoring number of research projects (for example, kangaroo and fire management) and reporting (including that are coordinated across the Directorates of TAMS and EPD. public information) is an area of concern across all themes. A specific recommendation to address this is provided under the recommendations section of the Biodiversity Theme paper.

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Directorate Broad subject area Government Response

CMTD, 6) Strengthen (i.) Strategy 3.5 of the Nature Conservation Strategy makes a commitment ESDD and research, planning and to monitor five priority ecosystems most vulnerable to threats. In order to TAMSD practical projects to ensure that appropriate and timely management responses are developed enhance biodiversity and implemented, the ACT Government will continue to monitor the five conservation in the priority ecosystems based on a common set of indicators. The Nature ACT through: Conservation Bill 2014 commits the Conservator to monitoring biodiversity i. developing a in the ACT. This would involve developing a monitoring and research biodiversity monitoring program and reporting on this. This will complement the current program strategy, building on of survey and monitoring already undertaken by the Conservation existing government Research unit (referenced above). and non-government During 2013–14: skills, capacity and A database of current biodiversity monitoring programs occurring on programs, and focused reserves has been compiled as part of the reserve condition monitoring on periodic reporting. project. This database has informed a gap analysis and review of current This should include, reserve monitoring programs and also the development of a reserve where appropriate, condition monitoring framework. This framework will link current systematic statistical biodiversity monitoring investments across TAMS, EPD, academic methodologies which institutions and community groups into a coordinated, strategic reserve support monitoring of condition monitoring program focused on monitoring ecological values of trends and changes to eight broad ecological communities contained within ACT nature reserves. biodiversity assets in The framework requires the understanding and identification of the key the ACT; influences of ACT reserve condition (including ecological processes, threat ii. funding a dedicated agents, threatening processes, management response, and ecological senior officer position values). Conceptual models are now being developed for each of the eight to facilitate knowledge ecological communities to demonstrate understanding of the ecological development and interactions that affect condition of reserves. This will allow us to identify consolidation, across appropriate measurable indicators and monitoring questions. disparate sources, ii) Systems have been used to make biodiversity data publically available including more including on some of the threatened species and communities. The ACT strategic integration Government digital mapping system ACTMAPi now includes mapping within and between information of ‘Significant Plants, Animals and Registered Trees’. government, research/ academic institutions A reserve condition monitoring project officer has been employed for and community the past six months and has facilitated improved integration across groups and members. government and community monitoring and research programs. To support this role, iii) A framework for developing a reserve condition monitoring program systems should be for the ACT is being developed between TAMS and EPD. Where possible developed to provide it will include current monitoring projects that are being undertaken such wide public access to as the monitoring of some nature reserves through funding available for information to guide kangaroo monitoring and research project. research, teaching, planning and practical A review of current reserve monitoring programs has identified projects to enhance the monitoring program synergies to link conservation outcome monitoring to sustainability of the ACT management action monitoring within ACT nature reserves. The proposed and Region; reserve condition monitoring project is developing a framework that will link threatening processes to management response and ecological values. Conceptual models formed as part of this framework will inform ecological community monitoring plans for ACT nature reserves.

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Directorate Broad subject area Government Response

iii. identifying (iv) The Nature Conservation Bill 2014 commits to making the outcomes opportunities to of the Bill publicly available. Qualitative and quantitative information on integrate multiple ACT threatened species and communities was reported publicly in the environmental Conservation Research report 2011–2013(http://www.environment.act. assessments. gov.au/cpr). For example, when v. Three new action plans were prepared for the Flora and Fauna monitoring nature Committee and released in November 2013. These were: Glossy Black reserves for vegetation Cockatoo (Calyptorhynchus lathami), Little Eagle (Hieraaetus morphnoides), qualities, land-health and Murrumbidgee Bossiaea (Bossiaea grayi). A revised Action Plan for indicators and grazing Smoky Mouse (Pseudomys fumeus) was also completed. impacts should also be monitored at the same A review of the Aquatic Species and Riparian Zone Conservation Strategy sites. Assessing sites in 2013 has highlighted activities that should lead to more native fish and in Canberra Nature plants, less erosion, improved water flow and fewer weeds in the longer- Park on a rolling 3-year term. See Rehabilitating ACT rivers: highlights from the last three years at basis over a 10-year http://www.environment.act.gov.au/home. period would provide (vi) NSW OEH and partners (NSW Department of Primary Industries) have the basic information been contracted by the ACT Government to fill data gaps for existing ACT for monitoring trends soil landscapes and to develop an HGL framework for the ACT. NSW OEH in environmental and EPD continue to work together on consistent vegetation classifications condition; across the region and the ACT continues to be an active member in the iv. publicly reporting Australian Alps joint-management committee which includes sharing data. decisions and activities ESSD has policy and operational leadership for biodiversity and relating to individual conservation, and regional dataset development. species, populations and ecological communities in the ACT. This should include both qualitative and quantitative information; v. reviewing and updating action plans where appropriate, and publicly reporting on progress against action plan objectives and proposed actions; and vi. collaborating with NSW Government and regional organisations to contribute to regional and national biodiversity data sets.

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Directorate Broad subject area Government Response

EDD, ESDD 7) Better integrating (i.) A connectivity layer has been included in ACTMAPi. A study into and TAMSD biodiversity values woodland connectivity was outlined in the Nature Conservation Strategy. within urban A new study by CSIRO, Flyways & Byways: Guiding restoration of wildlife planning through: corridors: Monitoring connectivity restoration in the Australian Capital i. integrating Territory, was funded by EPD and will be used to inform a range of biodiversity corridors programs (yet to be publicly released). and habitat connectivity (ii.) A position paper ACT Environmental Offsets Policy and Delivery in the Territory Plan Framework and associated guidelines was released for public consultation process; in 2014. The proposed policy is based on the Australian Government’s ii. identifying, where offsets policy that incorporates the principle of ‘improve or maintain’ and possible, appropriate includes supplementary information to meet the ACT’s unique conditions. clearance thresholds Assessment tools including an ACT Environmental Offsets Calculator and for ecological Environmental Offsets Assessment Methodology incorporate a range of communities across the thresholds for individual species and ecological communities. ACT to maintain and The Land Development Agency (LDA) has considered biodiversity values improve biodiversity within urban planning. values and guide development decisions. The results of the Gungahlin Strategic Assessment have been incorporated To complement this, into delivery of the Land Release Program in the Gungahlin area. This the draft biodiversity means for example, that Kinlyside will no longer be developed, and that offset policy should be the developable area of Throsby has been reduced. finalised to ensure no The development of Wright and Coombs in the Molonglo Valley has net loss in ecosystems. considered the relationship of the estates with the Molonglo River Corridor. This corridor has important biodiversity and habitat values. A planting guide has been developed in conjunction with Greening Australia to inform residents about appropriate plant species for use in the area. The impact of stormwater run-off on the Molonglo River has also been considered. Innovative Hydrocon™ technology has been used to filter stormwater and improve water quality. Extensive sediment control ponds are also in place and are intended to remain functional until more of the development is completed. This will help prevent sediment entering the Molonglo River. The LDA retains habitat connectivity in a number of ways such as by retaining important trees in pocket parks and creating green corridors along waterways. For example, early planning for Throsby has considered the best way to maintain habitat for the migration of Superb Parrots. This has included consultation with ANU PhD and research students about tree placement, tree species and habitat structures. A number of these PhD students receive funding from the LDA to support their research. Early planning for Throsby has also retained many significant trees and created a green corridor along the central creek line. The retention of open spaces is also important in infill sites. For example in Campbell 5 a large open-space area is to be created. In LDA estates where there are threatened or endangered species identified and these cannot be protected entirely, offset areas are created elsewhere to protect those species. In these cases the development and offset areas must be approved in accordance with Commonwealth and ACT policies and legislation. EDD supports the development of an Environmental Offsets Policy and continues to work with EPD to facilitate the finalisation of this policy. The provision of bushfire protection zones around the urban edge is undertaken, as much as is practical, within the existing development footprint.

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Directorate Broad subject area Government Response

ESDD and 8) Improve transparency of TAMSD (i.) The Nature Conservation Bill 2014 (yet to be presented) includes objectives biodiversity integration for biodiversity and a definition of biodiversity. Biodiversity is however a term into legislative and which does not include abiotic elements of ecosystems so the term nature is planning frameworks also used. through: (ii.) provisions within the Nature Conservation Bill 2014 have been aligned as i. including objectives much as possible with the Environment Protection Act. This has primarily been for the protection through the alignment of some penalty provisions for clearing and damaging of biodiversity and land in reserves. There is a range of provisions in the Bill relating to offences a definition for for the loss of biodiversity. ‘biodiversity’ as part of the Nature (iii.) Key threatening processes are able to be listed under the Nature Conservation (NC) Act Conservation Bill. The criteria are proposed to be aligned with those of 1980 review; the Commonwealth. ii. aligning provisions Biodiversity — Territory Plan Section is currently working on two draft in the Environment variations to the Territory Plan—DV297 and DV319—which are considered Protection Act 1997 relevant to these recommendations. DV297 is to implement biodiversity and Planning and offsets based on the Commonwealth approval under the Environment Development Act Protection and Biodiversity Conservation Act 1999. DV319 is to implement with any relevant biodiversity outcomes from the Gungahlin Strategic Assessment. changes to the NC Act A draft framework for monitoring reserve condition has been developed including biodiversity that requires the development of monitoring plans for eight ecological definitions and communities across the ACT. These plans require the identification and reviewing the definition understanding of key influences of reserve condition including: ecological of environmental harm values, threat agents, threatening processes, ecological processes, and to determine whether management response. Once developed, these plans will report on unauthorised loss of effectiveness of management actions in achieving conservation objectives. biodiversity should be included as an offence; iii. assessing the effectiveness of managing threatening processes through action plans and determining if management of key threatening processes needs strengthening through listing under the NC Act. HEALTH To improve knowledge The Chief Health Officer decided against including health impact of indoor air Directorate of our indoor air quality, quality in the ACT in the 2014 Chief Health Officer Report. It is not considered the Chief Health Officer a health priority at present. should consider the health impact of indoor air quality in the ACT in the 2014 Chief Health Officer Report.

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Directorate Broad subject area Government Response

HEALTHD 10) Improve local Note: recommendation 10 (iii) was not supported in the government and ESDD air quality outdoors response to the 2011 SoE Report. through: ACT Health supports the recommendation. EPD is responsible. i. requiring air quality The Ambient Air Quality (AAQ) National Environmental Protection assessments in all Measure (NEPM) Performance Monitoring station (PMS) at Florey was new greenfield fully operational as of 28 February 2014. ACT is now compliant with the developments, to AAQ NEPM. identify and manage air emissions, potentially This recommendation is not supported. It would be cost-prohibitive and detrimental to human the quality of obtained data would be insufficient for any meaningful health and the evaluation/policy making. environment; ii. installing and operating a second performance air monitoring station to ensure that the ACT is compliant with NEPM standards; and iii determining the feasibility including costs of mobile monitoring of appropriate ambient air quality NEPM standards at locations in and around Canberra. ESDD and 11) As a priority the The ACT Government endorsed the Carbon Neutral Government (CNG) CMTD ACT Government Framework in 2012 to commence in 2013, with the target of carbon develop and implement neutral in its operations by 2020. This is a supporting action to AP2. The pathways to achieve first annual report on implementation was presented to Strategic Board in carbon neutrality in ACT June 2014. The public release of the CNG Framework by the Minister was Government buildings delayed until the Enterprise Sustainability Platform (ESP) was operational. and services. These Its release is expected in the third quarter of 2014. should be implemented EPD is leading the implementation of carbon-neutral government through the second initiatives, as part of AP2 initiatives. An overview of the Carbon Neutral action plan of Government’s progress is available of the EPD intranet. Annual progress Weathering the Change reporting is ongoing. and include monitoring, evaluation of actions and annual public reporting on progress.

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Directorate Broad subject area Government Response

ESDD, 12) The ACT The ACT’s second climate change policy and action plan AP2, 2012 CMTD and Government develop addresses all these issues. The progress since implementation commenced TAMSD and implement a in 2013 is: pathway to achieve i. The combined actions in Transport for Canberra are projected, in the legislated climate aggregate, to reduce the transport-specific emissions in the ACT in line change emission with targets in AP2. This includes improving vehicle efficiency, with next reduction and steps to be articulated in the upcoming Low Emission Vehicle Strategy, renewable energy currently out for public comment, and increasing use of non-car transport targets. This should be modes. This relates to land use planning to provide greater opportunities implemented through for people to live closer to where they work, minimising travel, as well as the second action plan numerous Transport for Canberra actions that relate to making it easier to of Weathering the walk, cycle or use public transport. Change and include: Improving energy efficiency of old building stock is AP2 action 4—Zero i. focus on reducing Emission Buildings, and progress on this is being done as part of the emissions from adaptation strategy, commencing with research. transport and our buildings (especially ii. Renewable energy improving energy iii. Engagement with the community has been ongoing through individual efficiency of old AP2 actions and the ACTSmart program. To inform the Community building stock); Engagement Strategy on climate change (AP2 action 5), in 2013 a ii. responsive community survey of 1200 households was undertaken. This survey of regulatory, governance attitudes to climate change found a high degree of awareness of the issues, and investment but not what the ACT Government was doing. A key stakeholder workshop arrangements for was conducted in early 2014. The Community Engagement Strategy will be renewable energy; released in the third quarter of 2014. iii. continued The six-monthly progress updates on the 18 AP2 actions is published engagement with ACT on the EPD web page http://www.environment.act.gov.au/cc/what- community; and government-is-doing/emissions-and-mitigation iv. regular monitoring, Nil response from TAMS at this time. evaluation of actions EPD is leading the implementation of carbon emission reduction through and public reporting various AP2 initiatives. on progress against the targets.

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Directorate Broad subject area Government Response

ESDD, 13) Develop a The work on climate change adaptation across government has been JACSD and climate change progressing and was given greater focus with the Ministerial Statement CMTD adaptation planning (AP2 action 16) in May 2014 and the release of the adaptation directions and implementation brochure which commits to a draft policy in 2014 and a final by end 2015. response through: i. Sectoral vulnerability risk assessments have been undertaken by Health, i. building on existing Emergency Services and strategic planning in EPD and undertaking ii. The ACT approach to adaptation is consistent with the draft framework additional sector published by the Australian Government in 2013 and the National Climate vulnerability risk Change Adaptation Research Facility (NCCARF) work. assessments; iii. The ACT Planning Strategy, 2012, includes climate change adaptation ii. establishing considerations. Changes to the Territory Plan may follow on from the a monitoring, completion of the adaptation strategy. evaluation, reporting and improvement Climate change adaptation planning is led by EPD. methodology and framework as a consistent guide for Government, to develop, progress and report against adaptation planning; and iii. integrating adaptation planning outcomes into existing ACT planning and management frameworks. CMTD and 14) Develop a regional The Memorandum of Understanding (MoU) between ACT and NSW in ESDD approach to planning December 2012 defined the focus areas for working together. for climate change. This Implementing AP2 actions for renewable energy and the new adaptation needs to be done in strategy have and are taking a regional approach. partnership with NSW Government, local The ACT is partnering with NSW’s Office for Environment and Heritage councils and regional (OEH) to ensure cross-border harmonisation on climate change adaptation organisations. Key across sectoral issues. areas of focus should Through the ACT Regional NRM Planning for Climate Change Project, EPD include opportunities is consulting and collaborating extensively on the application of spatial for renewable energy planning products and decision support tools to guide adaptation planning development, water for the NRM sector. Ongoing collaborations include work with regional security, urban and stakeholders from NSW (for example, NSW Office of Environment and regional planning, Heritage (OEH), NSW Department of Primary Industry (DPI), NSW South transport management East Local Land Services, NSW and ACT Regional Climate Model Project and adaptation of (NARCliM)) as well as Commonwealth (for example, Atlas of Living Australia ecosystem services to (ALA), Australian Bureau of Agricultural and Resource Economics and climate change. Science (ABARES), Bureau of Meterology Climate Information Services, CSIRO National Climate Projections Program (NCPP), CSIRO Climate Adaptation Flagship (CAF), CSIRO Land and Water Terrain Analysis Team). CMTD has supported regional approaches to these matters though engagement on the ACT–NSW on Regional Collaboration and through the (‘C Plus 1’) group [sic]. This group includes Canberra plus those councils within an approximate one-hour commute from Canberra (‘C Plus 1’) – Queanbeyan, Yass, Goulburn-Mulwaree, Upper Lachlan, Palerang, Cooma-Monaro.

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Directorate Broad subject area Government Response

ESDD and 15) Finalise and The ACT Planning Strategy became effective from 1 September 2012. EDD implement the draft The strategy replaced the Canberra Spatial Plan 2004 as the key strategic ACT Planning Strategy plan that guides spatial planning and development and management to provide an integrated of the ACT to help achieve the economic, cultural and environmental approach to future aspirations of its people. It sets out clear actions under nine strategies to planning. Particular deliver five outcomes, each of which reflect the intent of The Canberra attention should be Plan. Implementing this whole-of-government policy involves considerable paid to: cross-agency co-ordination across all directorates. i. determining The strategy is a companion document to other key policy indicators and documents, including: measures for urban • Transport for Canberra 2012–2031, 2012; quality in the ACT that includes the benefits • Weathering the Change - Action Plan 2, 2012; provided by green • Nature Conservation Strategy, 2013; and infrastructure and access to open space; • Water for the Future – Striking the Balance: ACT Draft Water and Strategy 2013. ii. developing greenfield The strategy calls for master plans to be prepared for centres to provide and infill targets, which direction for future change and growth, including sustainable design take into account both outcomes. Master plans for the Tuggeranong town centre, four group the need for green centres and the Pialligo rural village have been completed. Current studies infrastructure as well as underway include the Woden town centre, Mawson and Weston group strengthening a sense centres and Oaks Estate. A further five master plans are scheduled to of community and self commence in 2014–15, including Belconnen town centre. containment. The LDA has developed both greenfield and infill developments. In 2012–13, there were more LDA residential and mixed-use projects reported in infill locations than in greenfield locations. Many of these projects were single block or section releases in established areas, however a number of projects were larger and more complex. For example Campbell 5 is located in the established suburb of Campbell. It is seeking to increase density in the area and along Constitution Avenue, while also maintaining high quality public open spaces. In LDA developments green infrastructure is considered through the provision of public open spaces and the delivery of WSUD infrastructure. For example in Coombs a number of local parks are being delivered; relationships with the Molonglo River corridor are being considered; and a green corridor along the former Uriarra Road alignment is being maintained. Another example of the delivery of WSUD infrastructure is the installation of the innovative Stratacell™ technology at the Amaroo Group Centre. The LDA runs the ‘Mingle’ community program in a number of LDA estates including Bonner, Wright and Coombs. The ‘Mingle’ program includes a range of events such as Christmas lights competitions, brunch in the park, rugby skills training sessions, tree plantings and trivia nights. ‘Mingle’ aims to strengthen the sense of community in new estates as residents move in. The LDA, in conjunction with EDD, also undertakes a range of community engagement activities.

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Directorate Broad subject area Government Response

CMTD, EDD 16) Develop a During 2013–14, the government continued implementation of and CSD housing strategy to its Affordable Housing Action Plan, which is now in its third phase. address the needs of Affordability for renters and homebuyers has continued to improve. changing population Through its land release activities, the government has continued to bring demographics into a diverse range of housing options to the market, including multi-unit the future. and detached housing choices in new suburbs as well as infill sites in established communities. CMTD does not have a lead involvement in housing policy, operations or management. Policy and operational matters are overseen by EDD and CSD. ESDD and 17) Finalise and The government released Transport for Canberra in March 2012, which TAMSD implement the draft supersedes the earlier draft Sustainable Transport Action Plan. Transport Sustainable Transport for Canberra includes 34 actions and monitoring and reporting framework Action Plan to provide that aim to improve the sustainability of Canberra’s transport system, an integrated approach alongside goals of efficiency, active travel, accessibility and social inclusion, to transport and urban safety and integration with land use planning. planning. In doing so: In relation to items i) and iii), budget funding has been requested but i. obtain additional not provided to allow EPD to undertake regular household travel surveys non-work related and otherwise improve data to monitor progress around sustainable travel data, similar transport. We note that the combined actions in Transport for Canberra to the annual Sydney are projected, in aggregate, to reduce the transport-specific emissions in Household Travel the ACT in line with targets in AP2. Transport for Canberra will also include Survey, to ensure a regular report card to track progress in its implementation. Cabinet is a more complete scheduled to note a revised 2014 report card in September 2014. understanding In relation to ii), initiatives currently underway that relate to improving of Canberra’s sustainable transport outside of transport corridors include: transport habits; i) The active travel to school program (Health Directorate). ii. focus on strategies and targets to ii) Review of community transport completed in mid-2014 (EPD) and improve access to community transport coordination project (TAMS). sustainable forms of iii) Coverage study/review into transport disadvantage in the Territory, transport outside of completed in 2012 (EPD), and informing bus network improvements transport corridors; accounting for walkability (TAMS). iii. develop targets for; iv) Flexible transport services trial (TAMS). i. reducing in v) Strategic cycle network plan (EPD) and updated Design Standards greenhouse gas for active travel (TAMS), both to be completed in 2014. emissions from transport; vi) Development of an active travel strategy with targeted actions to deliver higher travel to work and non-work trips mode share by active ii. increase sustainable travel (EPD, 2014-15). transport usage for non-work travel to vii) Parking policy strategy, including agreement by Cabinet to develop complement the a parking offset mechanism to allow developers to offset parking existing targets for requirements by providing on-site active travel options or paying work travel; and into a fund (EPD-led, 2014–15).; iv. track progress viii) Low Emission Vehicles and ACT Sustainable Fleet strategy (EPD, towards Sustainable 2014–15) to make car-based transport more efficient (for example, Transport targets on better vehicles, higher occupancies, car sharing). an annual basis. Nil response from TAMS at this time.

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Directorate Broad subject area Government Response

ESDD and 18) Finalise and The ACT Waste Management Strategy was finalised in 2011 and the ban on TAMSD implement a new ACT lightweight plastic bags was introduced in November 2011. The review of waste management the plastic bag ban undertaken in 2014 found high community support and strategy with a a reduction in plastic in the waste stream. focus on reducing The ACTSmart program gives advice and incentives to change behaviour waste generation, across all sectors with their water, energy and waste projects. in particular: Under AP2 energy from waste is being investigated. i. examine and Due to global financial conditions and commodity markets, an agreement implement options with SITA Australia to construct a facility to sort and recycle material from for diverting wastes commercial and industrial waste streams has now lapsed. ACT NOWaste is from landfill to higher now working with EPD to explore approaching the market for options on the order beneficial reuse full range of possible material recovery and recycling activities. Options would opportunities. These include a domestic facility, a commercial facility, a ‘dirty’ materials recycling actions should be facility and an energy-from-waste facility. The outcome would maximise the measured, recorded economic recovery of materials and minimise residual waste. and reported publicly.; In 2013–14 ACT NOWaste had a strong focus on encouraging the broader ii. focusing community community to ‘rethink their recycling’ with innovative campaigns aimed at education on the link problematic waste like disposable nappies and soft plastics. Over 17,000 between consumption ACT residents from preschoolers to seniors were reached through visits and waste; and to the Materials Recycling Facility at Hume, visits to school, guest speaker opportunities, displays at local shopping centres during recycling week and iii. targeting specific attendance at large-scale community events. This total number of people programs to reduce engaged in our education program is an increase of 70.5% on the previous waste from the year. It illustrates the demand for quality waste education programs and an construction and increased awareness in the community of the importance of the ‘reduce, demolition, and reuse, recycle’ message. commercial and Resources and promotional campaigns were developed to engage ACT industrial sectors. residents in traditionally hard-to-reach demographics. These included: • increased use of free card media campaigns displayed in cafes and cultural venues to appeal to 15–30-year-olds • the design of interactive visual displays including a model house with electronic light-up display • using the side and back panels of the new waste and recycling truck fleet as a mobile advertising platform • competitions and live reads on commercial radio • resource boxes to encourage interactive play, posters and books for loan to early childhood educators • information flyers and new bin lid stickers that rely on photographs and universal visual cues like red crosses and green ticks rather than text • presentations and resources translated into eight languages (including sign language) to inform new Australians about waste and recycling services in the ACT. ACT NOWaste tailors school programs to link to the new national curriculum on sustainability. New programs trialled this year include being a conscious consumer, cradle-to-grave systems and ‘nude food’ lunches. ACT NOWaste is now finalising a new licence agreement to enable the continued recovery of material from construction and demolition waste within the Mugga Lane Resource Management Centre. ESA participates in the Justice and Community Safety Directorate (JACSD) waste management program. ESA’s new facilities use modern energy supply systems, reducing our carbon footprint.

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 47 living sustainably

Directorate Broad subject area Government Response

ESDD 19) Strengthen heritage i. ACT Heritage, together with the ACT Heritage Council, has prepared a protection in the priority list to reduce the backlog of nominations to the ACT Heritage ACT by: Register. From a backlog of approximately 210 nominations in 2011, i. developing an action seventy-nine decisions on provisional registration (including decisions plan for heritage which not to provisionally register) have been made, and there have been twelve decisions on full registration. Between 2012 and 2014, seven new addresses the backlog nominations to the register have been received. A number of probable of heritage nominations duplications of nominations have also been identified. The backlog of and recognises nominations has been reduced to approximately 173. key future sites for protection; ii. Two officers in ACT Heritage are now trained in Government Investigations. ACT Heritage has developed a compliance enforcement ii. strengthening policy to guide appropriate action to be taken in relation to compliance audit, compliance matters. This has enabled ACT Heritage to take responsibility for and enforcement compliance investigations and enforcement processes in relation to the processes in line with Heritage Act 2004. recommendations of iv. The theme for the 2013 Canberra and Region Heritage Festival was the Marshall report; Milestones to promote the Centenary of Canberra. The centenary logo, iii [Note that banners and bunting were used during the festival. recommendation iii was There were a total 125 events involving seventy-five groups and individuals not accepted]; and from the private, government and community sectors. The festival included iv. promoting ACT twenty-seven new event organisers compared to the previous year. heritage values as a Eleven ACT Heritage Grants were showcased during the festival. part of the Canberra Special assistance funding was made available to seven event organisers to lift 2013 Centenary their profile in the centenary year by ‘thinking differently’ and growing and celebrations. diversifying audiences. ESDD, 20) Align and integrate The adaptation strategy is a whole-of-government policy and action plan, HealthD, climate adaptation and acknowledges and incorporates the roles and work of other agencies, CMTD and planning and disaster for example the Territory-Wide Risk Assessment and the Strategic Bushfire JACSD risk management where Management Plan version 3, 2014. appropriate. This should CMTD does not have an ongoing operational role in climate adaptation include lessons learned planning, for the Service. However, CMTD has developed and published a from changes to fire climate change vulnerability assessment framework for infrastructure. This is management. used as a reference point for infrastructure and physical asset management. ACT Health supports the recommendation. This is a whole-of-government issue and has little direct health program input. ESA participates in research activities with the Bushfire & Natural Hazard Cooperative Research Centre and a range of other partners examining the effects of climate change on natural hazards. ESA has incorporated climate change considerations into the current draft of the Strategic Bushfire Management Plan and will continue to consider climate change in other planning and risk mitigation processes.

ESDD and 21) In collaboration The adaptation strategy and the AP2 action 4 Community Engagement CMTD with NSW Government Strategy is taking a regional approach. This work has commenced (refer to and local councils, recommendations 11, 12, 13, 14 and 20). develop a regional CMTD has been working closely with EPD to coordinate input from other ACT approach to planning Government agencies in the development of a regional strategic plan. This plan and risk management is intended to cover the growth challenges affecting the region. to address future Liaison to agree the plan is ongoing. challenges of population and climate change.

48 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT living sustainably

Directorate Broad subject area Government Response

ESDD, 22) Strengthen The work on the sustainable futures series was completed in 2009–10 and TAMSD and community fed into the Time to Talk: Canberra 2030, in 2010, the ACT’s most extensive CMTD engagement in community consultation campaign. Sustainability issues were progressed with sustainability by: preparation of the draft ACT Planning Strategy in 2011 and the finals in 2012. i. Undertaking Transport for Canberra also involved community engagement around research on attitudes sustainable transport. Ongoing projects, including Capital Metro Light rail, to sustainability and City Plan and the Light Rail Master Plan, will continue this engagement. consumption patterns Nil response from TAMS at this time. and behaviours. EPD periodically commissions surveys to research community views and issues This could be done about climate change and sustainability in the ACT. through regular community surveys Periodically CMTD facilitates this consultation through the ‘Time to Talk’ similar to the annual consultation process. NSW ‘Who cares about the environment?’ with the outcomes informing focus areas for community engagement.; and ii. Fostering behaviour change through community engagement to reduce our ecological footprint with a particular focus on: i. sustainable transport; and ii. impacts of consumption.

B2.7 Accountability indicators The statement of performance for our Office is included in the Environment and Sustainable Development Directorate’s annual report as ‘Expenses on behalf of the Territory’. The Commissioner reports outputs against accountability indicators in the Environment and Sustainable Development Directorate portfolio report. The outputs for 2013–14 can be found in Table 11 in Section F6 of this annual report.

B3 Community engagement and support As mandated in the Commissioner for Sustainability and the Environment Act 1993, our Office works to enhance knowledge and understanding of issues relating to ecologically sustainable development and the environment. We do this both through advocacy (see Section B2.4 of this report) and community engagement. The major engagement activities the Office undertook this year included: • celebrating and promoting our 20th anniversary; • developing information products; • updating our website; • delivering presentations; and • site visits and meetings to discuss and assist with general environmental enquiries.

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 49 living sustainably

Twentieth anniversary • Prize-giving at the SEE-Change 2020 Vision Past Commissioners, community members, Minister Competition winners announcement on for the Environment and Sustainable Development 13 November at the CSIRO Discovery Centre Simon Corbell and other government stakeholders in Canberra; and were among those who gathered for a morning tea • an information session for students at Lanyon High to help the Office celebrate its twentieth anniversary School, ANU and the University of Canberra about on 1 July 2013. At this event the Office launched a the role of the Office. publication about the 20-year history of the Office, two videos, a slide show and a ‘Who are we?’ Stakeholder engagement marketing postcard. All of these are available on the Throughout the year the Office participated in a wide Office’s website at . variety of stakeholder forums including events with ACTSmart office and business, and meetings with Information products academics at both the Australian National University The Office prepared Commissioner fact sheets for Fenner School and the University of Canberra. students involved in the SEE-Change Centenary Parliament of Youth on Sustainability held The Commissioner continued regularly meeting with on 2 and 6 November 2013 at the Australian a range of ACT Government directorates, advisory National University. boards and ACT Commissioners. He also met with a number of other key stakeholders including: Digital outreach • the ACT and Region Chamber of Commerce; The Office planned and began the process of • the Business Council of Canberra; revitalising the design of our website to make it more accessible and tablet and iPhone-user friendly. • the Conservation Council of Canberra; • South East Regional Organisation of Councils Presentations (SEROC); The Commissioner spoke at a number of events in 2013–14. These included: • the Environmental Defender’s Office; • the Centennial Symposium (panel participation) • the Friends of Grasslands; Australia and New Zealand School of Government • the Friends of the Aranda Bushland; and (ANZSOG); • the Victorian Commissioner for • 2020 Vision Project judging; Environmental Sustainability. • Top 5 Awards for policy briefs to Fenner School In addition, the Legislative Assembly passed a Australian National University (ANU) students; motion direction the Commissioner to convene a • Launch of the Victorian SOE report presentation Roundtable to discuss the Nature Conservation Bill. at the environmental reporting symposium; The Commissioner then reported to the Legislative Assembly on the issues raised by stakeholders. • the Australian Water Association Conference in Sydney; Staff members and the Commissioner represented the Office at 49 stakeholder events throughout the year. • Canberra Urban Regional Futures (CURF), South East Regional Organisation of Councils (SEROC); • South East Region of Energy Excellence (SEREE) renewable energy showcase day;

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B4 Ecologically sustainable ACTSmart Office accreditation development The Office gained ACTSmart Office accreditation in Nara House in 2013 and we are working with facilities management in the Nara Centre to complete Ecologically sustainable development project ACTSmart accreditation for all directorates housed In 2013–14 the Office initiated a project aiming to within the building. (Our waste and power usage has benchmark best practice ESD and to progress the been based on a pro rata percentage of the total usage understanding and implementation of ESD within within Nara House. For the Office this is 1.58 percent government decision-making in the ACT. of the tenancy area.) The Office will renew ACTSmart A report generated from this project acknowledged accreditation in August 2014. and incorporated some of the triple bottom line reporting work that has been undertaken by the ACT Government since 2009. The key recommendations of this ESD report included that the Office of the Commissioner for Sustainability and the Environment be entrusted with the following major functions: 1. To develop key indicators of sustainability performance. These indicators should be set by consultation with relevant government agencies, and informed by government policies. 2. Recognising that directorates have a legal duty to report on ESD within their annual reports, to review whether these key indicators are being used by government agencies in decision-making. 3. To encourage the preparation of an annual whole of government sustainability report to determine to what extent directorates are adopting a whole of government approach to delivering the intent of policy and legislated objectives. 4. To act as a focal point for developing whole of government approaches to sustainability when agencies are developing or modifying standards, policies and plans.

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Table 9: Sustainable development performance 2012–13 and 2013–14

Indicator as at 30 June Unit 2012–13 2013–14 Agency Staff and Floor area Occupancy — staff full-time equivalent(a) Number (FTE) 7(a) 7(a) Square metres Work-place floor area 118.59 118.59 (m2) Energy(b) Stationary Energy Use Electricity use Kilowatt hours 14,843.30 14,348.9* Renewable energy use (GreenPower + EDL landfill gases) Kilowatt hours 1,901.80 00** Natural Gas use Megajoules 24,259.66 29131.27*** Transport fuel usage Total number of vehicles(b) Numeric 1 1 Total vehicle kilometres travelled Kilometres 2036 2015 Transport fuel (Petrol)(c) Kilolitres 0.0163 0.0163 Transport fuel (Diesel) Kilolitres 0 Transport fuel (LPG) Kilolitres 0 Transport fuel (CNG) Kilolitres 0 Water Water Usage Water use Kilolitres 61.45 64.75**** Waste Resource Efficiency and Waste Reams of paper purchased Reams 25F 55 Recycled content of paper purchased Percentage 100 100 Waste to Landfill(d) Litres 6,069.1 6,235.1 Estimate of co-mingled material recycled (based on bins collected) (d) Litres 1,258.94 1,440.96 Estimate of paper recycled (based on bins collected)(d) Litres 1,601.93 1,357.06 Estimate of organic material recycled (based on bins collected) Litres 829.50 165.90# Greenhouse Gas Emissions Greenhouse gas emissions

emissions from stationary energy use* Tonnes CO2-e 15.38 8.06

Emissions from transport greenhouse gas emissions* Tonnes CO2-e 0.05 1.76 Total emissions 9.82

* incl. common house areas ** ACT Property Group purchased 7,530 MWh (mega watt hours) of GreenPower on behalf of the ACT Government, representing 5% of the ACT Government’s energy consumption for 2013–14. *** incl. common house areas i.e. gas to run the plant and not tenancy directly. **** incl. common house areas # company went out of business in the financial year F In 2012–13 the Office moved premises and purchased 25 new reams of recycled paper, however the Office also used paper stock from previous years that was not purchased in fiscal 2012–13. (a)  The Office establishment is six. An additional contractor in 2013–14 (b) This is the Commissioner’s package vehicle, which is available for use by our staff, totals provided are based on business usage only. (c) Figures are calculated as the distance travelled for official business and fuel consumption based on the Green Vehicle Guide. (d) Figures are calculated as on pro rata allocation to the office on proportion of floor space

52 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT Section C — Governance and accountability reporting

C1 Internal accountability C2 Risk management and internal audit

C1.1 Organisational structure C2.1 Procedures Mr Robert Neil is the Commissioner for Sustainability The Office continually updates our procedures manual and the Environment. The Commissioner is accountable which documents processes for a range of office for both the legislative and the contractual functions activities including file management, procurement, of the Office and for ensuring that the execution of inquiries and complaints. these functions is consistent with the intent of the The procedures manual has been reviewed during enabling legislation. 2013 to ensure that all procedures and processes are The structure of our Office at 30 June 2014 is shown up-to-date and relevant. in Figure 1. The Office is continuing to work towards becoming a paperless office by using electronic data management Figure 1: Organisation chart, 2013–14 via Objective electronic data management (EDM) software, for filing processes, and to minimise the Commissioner amount of printing. The Office has formally requested to be included in Office Manager the ESDD internal audit program. This request has been agreed. Further information on our Office’s risk management Senior Manager Senior Manager and auditing is covered in the Environment and Sustainable Development Directorate’s annual report.

Project Officer Project Officer C3 Fraud prevention Further information on our Office’s fraud prevention C1.2 Senior committees processes is covered in the Environment and There are no senior management or other significant Sustainable Development Directorate’s annual report. committees or boards within the Office.

C1.3 Key corporate plans C4 Legislative Assembly inquiries Our strategic plan provides our vision, mission, values and reports and objectives as detailed in Section B1 of this report. The Commissioner was not directed to take action as a result of any Legislative Assembly inquiries or reports, however he was called on to Chair a Roundtable to explore the issues relating to the draft Nature Conservation Bill and to provide a detailed report to the Assembly by May 2014 on the range and extent of issues raised by stakeholders on the draft Nature Conservation Bill. The Roundtable was held on 14 April 2014 and the final report delivered to the Assembly on 6 May 2014.

C5 Auditor-General and Ombudsman reports No recommendations were made with regards to the Commissioner.

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 53 Section D — Legislation-based reporting

D1 Public interest disclosure The Act includes an objects clause and specified timelines, with reports presented by the Minister Our Office did not receive any public interest to the Legislative Assembly by six sitting days, and a disclosures during 2013–14. government response to State of the Environment reports within six months of the day the Minister D2 Freedom of Information receives the report. Our Office administers the Act. The Freedom of Information Act 1989 provides a Public participation legally enforceable right of access by citizens to all Our Office has consulted with different government documents in the possession of the ACT Government, and non-government stakeholders during the subject only to exemptions to protect the legitimate reporting period on a range of activities, including interests of the ACT Government, and third parties Weathering the Change: Action Plan 2 Implementation who deal with the ACT Government. Status Report (ISR), and the 2015 State of the Environment report. The Freedom of Information Act 1989 requires certain reports to be compiled and included in the agency Our consultation processes include: annual report. This report comprises three sections; • a public submission on the Nature Conservation a Section 7 statement; a Section 8 statement; and a Bill 2013 Exposure Draft; Section 79(2) statement. • focus groups, expert panels and reference groups D2.1 Section 7 statement for specific purposes; In accordance with the requirements of Section 7 of • comments on draft documents; the Freedom of Information Act 1989, the following • briefings and discussions with Ministers and other statement is correct to 30 June 2014. It reports on members of the Legislative Assembly; and the particulars, functions and powers of the Office, as well as certain categories of documents held by each • seeking and sharing information via the Office’s agency, and the arrangements for public participation website and Twitter. in formulation of policy and operations. Documents Organisation functions and powers Documents produced by our Office on various aspects Our enabling legislation is theCommissioner for of our activities are available without charge on our Sustainability and the Environment Act 1993. The Act website or on request. These include: specifies that the Commissioner shall: • annual reports (1997 to the present); • produce State of the Environment reports for • ACT State of the Environment reports from 1997 the ACT; to the present; • investigate complaints from the community • regional State of the Environment reports from regarding the management of the Territory’s 2004 to the present; environment by the ACT Government and/or its agencies; • investigation reports; • conduct investigations directed by the Minister; • discussion papers, information pamphlets and fact sheets; and • initiate investigations into actions of the ACT Government or its agencies, where those actions • recommendations from State of the Environment have a substantial impact on the Territory’s reports and investigations. environment; and These documents are also available by phoning the • make recommendations for consideration by Office and can be posted to any member of the the ACT Government, and include in our Annual community. They are also available through our Report the outcomes of those recommendations. website, which is the preferred method of transmittal.

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Other kinds of documents that may be available under D3 Human Rights Act the Freedom of Information Act 1989 include: The Human Rights Act 2004 (HRA) came into force general records, including internal, interdepartmental on 1 July 2004. Its purpose is to respect, protect and public documents such as minutes of meetings, and promote human rights in the ACT. The HRA agendas and background papers, policy statements, aims to ensure, to the maximum extent possible, correspondence and administrative records; that all Territory statutes and statutory instruments • personnel records; are interpreted in a way that respects and protects human rights. The HRA also creates a duty on public • financial records; and authorities to act consistently with human rights. All • details of contracts and tenders. Office work policies and practices adhere to the HRA. In addition, HRA principles are adopted by the Office Facilities for access through the promotion and advocacy of ESD. Documents produced by our Office are available to the Office staff members are employed through public as accessible PDF documents on our website the Environment and Sustainable Development or in hard copy (where Directorate. All staff members receive an induction available) upon request. which includes training on the ACT Public Service Our Office can be reached by bus and has access for Respect, Equity and Diversity (RED) framework. people with disabilities. The RED framework aims to foster a workplace that values individual differences and is respectful, D2.2 Section 8 statement courteous and fair. RED training includes information The Act provides guidance for the role and functions on legislative obligations including the HRA. of the Commissioner as well as detailed specifications for the conduct of investigations. The Act forms the basis of our operational procedures; it is available D4 Territory Records Act to the public and can be found on our website: Our Office is independent of the ACT Government; www.envcomm.act.gov.au. however, our records are managed in accordance with the Territory Records Act 2002. D2.3 Section 79(2) statement In accordance with Section 79(2) of theFreedom of ‘Objective’, an Electronic Document and Records Information Act 1989, the following is a report on Management System (EDRMS) has been adopted decision-making in relation to FOI requests received by by the Office and is now used for record and file our Office during the year. Access decisions in relation management with support from ESDD. to FOI requests are categorised in terms of full release, The Office is committed to ensuring records containing partial release, entirely exempt, technical refusal (no sensitive information, including those that contain documents located), still being processed, transferred, personal information and those which enable people and withdrawn. to establish links with their Aboriginal and Torres Strait Islander heritage are appropriately managed Requests for access and preserved. In 2013–14 the Office did not receive any requests The Office will continue to work to identify and for access to documents through FOI legislation. preserve valuable records as part of its records management program. The Office uses the tools developed by Archives ACT to assist members of the community to interpret older records that are released for public access. In 2013–14 the Office received no requests for information under the open access to records provision of the Act.

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 55 living sustainably

D5 Legal services directions Further information on our Office’s model litigant guideline is covered in the Environment and Sustainable Development Directorate’s annual report.

D6 Notices of non-compliance Our Office did not receive any notices of non- compliance in 2013–14.

D7 Bushfire risk management Our Office does not own or manage any Territory land and is therefore not required to report its operations in relation to the either the Strategic Bushfire Management Plan or the Bushfire Operations Plan.

D8 Commissioner for the Environment Amendments to broaden the scope of the Commissioner for the Environment Act 1993 including a name change to Commissioner for Sustainability and the Environment Act 1993 took effect in May 2012. The Commissioner for Sustainability and the Environment Act 1993 requires that all ACT Government agencies preparing their annual reports for a financial year must include in those reports information on: • legislated requests from the Commissioner; • responses to any Commissioner-legislated requests; • any investigations of their actions by the Commissioner; • any recommendations made by the Commissioner as a result of any investigations; and • any action the agency has taken during the year in relation to any Commissioner recommendations. The Office then provides a whole of government overview of agencies’ responses to these requirements. This overview can be seen in Section B2.6 of our annual report.

56 ANNUAL REPORT 2013–14 OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT Section E — Human resources management reporting

E1 Human resource performance Our Office has a strategic plan, which reflects the environmental context in which we operate and sets a clear direction for us. Our strategic plan states our vision, mission, values and objectives as detailed in Section B1. Our strategic plan is reviewed regularly to ensure that it remains valid. This year office staff members have undertaken a range of training and development courses, while achievement frameworks have been in place since March 2014.

E2 Learning and development Our Office has a commitment to strengthening workforce and organisational capacity through building skills and capabilities. This learning and development is guided by achievement plans and supported through the strategic plan.

E3 Work health and safety Our Office is committed to providing a safe and healthy workplace and maintaining the health, safety and welfare of its employees. Occupational health and safety is managed in accordance with the provisions of the Work Health and Safety Act 2011, (effective as of 14 June 2013). During 2013–14 the Office did not receive any notices under the revised Act, and there were no notifiable incidents. The Office does not pay a first-tier worker’s compensation premium. Two stand-up desks were provided in 2013–14 to aid staff health management. Further information on our Office’s work health and safety is covered in the Environment and Sustainable Development Directorate’s annual report.

E4 Workplace relations Further information on our Office’s workplace relations is covered in the Environment and Sustainable Development Directorate’s annual report.

E5 Staffing profile Further information on our Office’s staffing profile is covered in the Environment and Sustainable Development Directorate’s annual report.

OFFICE OF THE COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ANNUAL REPORT 2013–14 57 Section F — Financial management analysis

F1 Financial management F5 Government contracting Further information on our Office’s financial F5.1 Procurement principles and processes management is covered in the Environment and Sustainable Development Directorate’s annual report. Consistent with the newly updated provisions governing procurements up to $200,000, the Office has worked, and will continue to work with ACT F2 Financial statements Procurement Solutions to complete procurement actions where necessary. The ACT Government appropriation for the Office in 2013–14 was $1,580,000, comprising a base budget of F5.2 External sources of labour and services $1,306 000 plus $262,000 in rolled-over funding for the individual contracts exceeding $25,000 ACT State of the Environment report 2015 and potential During 2013–14 the Office has six contracts exceeding investigations, as well as $12,000 for the revised wage $25,000 (details below). parameters in the Supplementary Appropriation. Table 10 details the contracts for works and services The financial transactions for our Office are formally for individual contracts that exceeded $25,000 and reported in the consolidated financial statements smaller contracts awarded to the same contractor of the Environment and Sustainable Development that in total exceeded $25,000. Directorate Annual Report as part of ‘Expenses on Behalf of the Territory’.

F3 Capital works Our Office is not undertaking any capital works.

F4 Asset management

F4.1 Assets managed Our Office does not own or manage any major assets, but maintains a portable asset register.

Office accommodation The Office is accommodated at 1 Constitution Avenue, level 2 of the Canberra Nara Centre. This building is a single-purpose office building which houses staff from different directorates across the ACT public service, predominantly staff from the Chief Minister and Treasury Directorate (CMTD). The current office occupies 118.59 square metres (this includes access to kitchens and public amenities for all staff based on a proportion of the tenancy floor space).

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Table 10 Summary of contracts over $25,000

Procurement Date Contractor Description and reason for contract $ (inc GST) type contract let Report to evaluate the approaches to measure performance towards achieving the ACT-legislated greenhouse gas emission targets. Australia National Establish methods to link, where Simple University (ANU) – possible, causation or association $55,000 22/11/2013 purchase Quentin Grafton from the AP2 actions in each sector to current trends in ACT greenhouse gas emissions. In addition, a graded assessment scheme will be developed for each relevant sector. Develop a methodology for assessing the effectiveness of management responses. This includes workshops Uniquest – Professor with Office staff and other relevant Mark Hockings and stakeholders. Conduct assessments $50,264.50 Single select 22/11/2013 Dr Andrea Leverington+ for two State of the Environment themes. Provide advice and assistance to the Office to conduct the remaining assessments. Provide written and oral advice to OCSE during the writing of the 2015 SoE Report. This includes research Enolnsights — and liaison with experts on matters $50,288 Single select 18/07/2013 Dr Steven Cork§ related to the SoE Report. Draft reports and review documents prepared or commissioned by the Office for the SoE Report. Biotext are Canberra based experts in science writing. They have expertise with both the 2011 Australian State of the Environment Report and South Australia’s SoER. They have been engaged up to a to provide consultancy services and Biotext maximum single select 17/7/2013 advice in relation to the data collection of S141,394 and analysis for, and the structure of, the 2015 State of the Environment Report (SoER), to edit all the papers and contents for the 2015 SoER and to design and prepare the content for the SoER website Inspection of specified natural Dr Kenneth temperate grassland sites within $47,500 Single select 13/04/2013 Hodgkinson* urban Canberra and undertaking of photographic and floristic assessments.

+ Uniquest was a single select. The minute was signed off for the following reasons; the project requires in-depth knowledge of both Australian and international research into all aspects of management effectiveness evaluation. Uniquest’s experts, Professor Mark Hockings and Dr Andrea Leverington have the specialist skills in the requisite area and the necessary experience through their work with authorities and governments to develop a suitable methodology for assessing the effectiveness of management responses in the ACT. § Dr Steven Cork was a single select. The minute was signed off because the project was also specialist in nature and required specific skills and knowledge. Dr Cork is a leader in his field, specialising in the relation between the environment and human health and well-being and has extensive SoE reporting experience. Furthermore, Dr Cork is the only available provider of these services in Canberra. * Dr Hodgkinson was single select. The minute was signed off for the following reasons; Dr Hodgkinson could meet the necessary timeframes, as implementation was urgent to cover both Autumn and Spring periods for 2013, the project was also specialist in nature and required specific skills and knowledge, from his work on the Grassland Investigation, Dr Hodgkinson was also familiar with the background of the advice required.

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F6 Statement of performance

Table 11: Accountability indicators for the Office of the Commissioner for Sustainability and the Environment

Original target Actual result Accountability indicators(a) Variance from amended target 2013–14 2013–14 Report on the uptake of recommendations on the ACT State of Environment Report June 2014 June 2014 0% 2011 and special reports. Completion of ministerial-initiated investigations in accordance with 100% n/a n/a Minister’s direction. No Commissioner- Completion of Commissioner-initiated initiated investigations in accordance with terms 100% n/a n/a investigations of reference. were conducted in the 2013–14 financial year. No complaints generated Completion of complaints-generated investigations investigations in accordance with terms 100% n/a n/a were initiated of reference. in the 2013–14 financial year. Two complaint reports Reports on complaints about delivered. management of environment by June 2014 June 2014 0% Three further Territory or territory agency. complaints investigated yet to be finalised.

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