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PROTECTING THE (BIRRARUNG) Discussion Paper

Prepared by: Yarra River Protection Ministerial Advisory Committee

1 The Yarra River traverses Provides around The Yarra River is The river’s catchment covers 2 9 242km 4076km 70% in length L cal C uncils

of ’s drinking water spanning from the pristine (including 24 ) forests of the Yarra Ranges to the mouth at Bay

10km 4th 1/3 Over sea water travels upstream highest yield of water per of ’s animal 190 to hectare of catchment species are found in the in Victoria Yarra catchment species of birds inhabit the Yarra River corridor

2 The Yarra is has Aboriginal people called spent approx the river ‘Birrarung’ ‘shadows of the mists’ and ‘Yarra Yarra’ means ‘ever flowing’ in the $290m language brown on river health improvements in colour in the lower reaches over the past 5 years due to suspended silt carried downstream

Over There are There are Over 30,000 38 16 1,000 bats live at mammal species including reptile species known to inhabit the cyclists travel along the Main Yarra in summer , gliders and bandicoots Yarra River including skinks, turtles, Trail between 7am and 9am snakes and lizards on weekdays

3 Chapter 6: Options for governance reform

Acknowledgement

The Yarra River Protection Ministerial Advisory Committee proudly acknowledges Victoria’s Aboriginal 1 communities and their rich culture and pays respect to their Elders past and present.

We acknowledge Aboriginal people as ’s first peoples and as the Traditional Owners and custodians of the land and water on which we rely. 1 This discussion paper uses the term ‘Aboriginal’ rather than ‘Indigenous’ We recognise the intrinsic connection of Traditional to refer to the First Nation Peoples of Owners to Country and value their contribution to as the managing the land, water and natural landscape. We discussion paper relates specifically to the Yarra acknowledge the ongoing contribution this makes to the River and its catchment. The Yarra MAC recognises Yarra River catchment. that the term ‘Aboriginal’ refers to several specific individuals and We support the need for genuine and lasting communities in Victoria. partnerships with Aboriginal people and communities to The term ‘Indigenous’ is retained in the names understand their culture and connections to Country in of and references to the way we plan for and manage the Yarra River corridor programs, initiatives and publication titles: and its environs. unless otherwise noted, it is inclusive of both Aboriginal and Torres We embrace the spirit of reconciliation, working towards Strait Islander people. equality of outcomes and ensuring an equal voice. i Purpose of this discussion paper

This discussion paper was developed by the Yarra River Protection Ministerial Advisory Committee (Yarra MAC) to promote community discussion about opportunities to improve the oversight and management of the Yarra River. It was developed through consultation with a reference group and key stakeholders about the most important issues and opportunities that need to be addressed.

ii

ACKNOWLEDGEMENT i 5. A NEW MANAGEMENT MODEL 43 5.1 A community vision for the entire length of the Yarra 44 PURPOSE OF THIS DISCUSSION PAPER ii 5.2 A Yarra strategic plan 46 5.3 A Yarra (Birrarung) Protection Act 48 CHAIR’S MESSAGE v 5.4 Improved institutional arrangements 49

1. INTRODUCTION 1 APPENDICES 53 1.1 The Yarra River Protection Ministerial Advisory Committee 2 GLOSSARY 54 1.2 Changing policy settings 4 1.3 Have your say 5 THE MINISTERIAL ADVISORY COMMITTEE 55

2. STEWARDSHIP OVER TIME 7 THE YARRA RIVER PROTECTION 2.1 Aboriginal peoples’ relationship with the Yarra 8 REFERENCE GROUP 56 2.2 European settlement 9

2.3 Investment and regulation so far 10 YARRA REFERENCE GROUP ISSUES AND Contents OPPORTUNITIES WORKSHOPS 57 3. THE YARRA RIVER TODAY 15 3.1 Significance 16 YARRA RIVER ECOLOGICAL, CULTURAL, SOCIAL, AMENITY AND ECONOMIC VALUES 58 3.2 River health 19 3.3 Water quality 20 3.4 Estuary habitat 22 MAPS 62 3.5 Impact on Port Inner–city Yarra reach 63 Phillip Bay 22 Suburban Yarra reach 64 3.6 Urban parklands and open spaces 23 Rural Yarra reach 66 3.7 Amenity 25 Upper Yarra reach 68 3.8 Values 25 3.9 Characteristics of each reach 26 3.10 Key issues and opportunities 28

4. THE CASE FOR CHANGE 33 4.1 Current legislative, regulatory and management frameworks 34 4.2 Roles and responsibilities 36 4.3 Environmental advocacy 36 4.4 Current governance challenges 36 4.5 Future challenges 40

iv Chair’s message

The Yarra River is a Since Melbourne ‘rediscovered’ the Yarra of Melbourne’s water and include some in the 1980s and the city reoriented itself of Victoria’s richest farmland. Many of our valuable natural asset that by developing Southbank, Docklands and famous vineyards rely on the river’s water needs to be protected for Birrarung Marr, there has been increased for irrigation and it is surrounded by some interest in and concern about the health of Melbourne’s most sought-after and the benefit and enjoyment of the river and debate about the impacts expensive real estate. Its parklands and of future generations. of development along its corridor. open space are the most heavily utilised This period has coincided with major in the state and its waters are the setting changes in the institutions responsible for rowers, kayakers and Melbourne’s for , catchment and river commercial ferryboats. Its port is the To ensure that we have in place an management, open space planning busiest in Australia. For Aboriginal effective management model to develop and management, and environmental communities it is a place of great and implement a vision and plan for the protection. spiritual and cultural significance; for Yarra River, the Minister for Planning and all Melburnians the river helps us define then Minister for Environment, Climate There is concern that current institutional where we live. Given such complexity, the Change and Water established the Yarra and regulatory arrangements leave planning and management of the river River Protection Ministerial Advisory the river vulnerable to the increasing will always be challenging. However, we Committee (Yarra MAC) to consult with pressures of urban development and cannot afford for such a precious natural stakeholders and provide independent cannot deliver on the community’s asset to be degraded. advice about the key issues and expectations for a healthy river that can opportunities. sustain the demands of a population that I encourage you to contribute to the seeks greater use and enjoyment of the Yarra MAC’s work to protect the Yarra Throughout Melbourne’s history, attitudes river environment. River (Birrarung) as we seek to ensure to the uses of the Yarra River (including that future generations have the the riverbanks, parklands, trails and Because of their geography, rivers are opportunity to enjoy the river’s many adjacent land) have evolved in a complex always subject to complex management values by strengthening management relationship with the inhabitants of the arrangements. The Yarra traverses arrangements and ensuring a strong . Similarly, perceptions of the more than 200 km of urban and rural community voice in governance and value of this asset have also changed. landscapes. The river and its oversight of the river. At different stages, there have been extend across many thousands of great plans and major investments to hectares of private land as well as public implement them. There have also been land managed by numerous local and Chris Chesterfield periods of neglect and periods of great state government authorities. The river Chair, Yarra River Protection debate and contention. and its catchment are the major source Ministerial Advisory Committee

v Protecting the Yarra River (Birrarung) 1. Introduction

1 Introduction

The Victorian Government has committed to protecting the Yarra River’s amenity and significance by introducing legislation, stronger planning controls and a trust or similar entity. Before preparing new legislation to protect the Yarra River the government established the Yarra River Protection Ministerial Advisory Committee (Yarra MAC) to assess the effectiveness of current governance arrangements.

The Yarra River Protection Reference governance arrangements for protecting The Yarra MAC has adopted an approach Group (Yarra Reference Group) has also the Yarra River. Its advice covers the that includes: been established to help the Yarra MAC entire length of the Yarra River from and government better understand its source in the headwaters above the • regularly engaging with the partners the key issues, opportunities and to Port Phillip Bay. that have responsibilities for decision- reform options for protecting the river. Its advice does not cover the waters of making and management of the Yarra It comprises representatives of the the and the regulation River and with key environmental organisations with direct oversight and of on-water activities, commercial boats advocates management responsibilities for the and berthing. • investigating governance issues Yarra River and its riverscape (11 councils, The Yarra MAC is to provide its advice to to provide an evidence base for Melbourne Water, Parks Victoria and evaluating options Environment Protection Authority [EPA] government by the end of 2016 and are Victoria) and of environmental advocacy examining arrangements for three key • developing a discussion paper groups for the Yarra (Yarra Riverkeeper aspects of the Yarra River: for public release as the basis Association and Environmental Justice 1. waterway health (, riverbanks for discussion and debate about Victoria). and vegetation) improvements to the oversight and management of the Yarra River 1.1 The Yarra River 2. community use, access and amenity • providing a range of opportunities for Protection Ministerial of the river and its network of parklands and open spaces people to voice their views Advisory Committee 3. the interface of the river with adjacent • engaging with community, user and The Minister for Planning and the then land uses and its catchment. industry representative groups. Minister for Environment, Climate Change The full terms of reference and membership and Water established the Yarra MAC in of the Yarra MAC are on the department’s December 2015 to provide independent website, at www.delwp.vic.gov.au. advice to government about improving

2 Protecting the Yarra River (Birrarung)

Extract from the Yarra MAC’s terms of reference

Purpose What are the options and net benefits and environmental benefits for the for establishing an entity, including community today and for future The Government is establishing this a statutory trustee, to contribute to generations? Committee to provide assistance in the management, promotion and engaging with the community and protection of the Yarra River? What other strategies and measures other stakeholders and to provide are needed to ensure all the benefits advice and a recommended action What would be the role, power and and opportunities for the Yarra River plan for the improved management, functions of any entity and/or trust for can be realised or achieved in a cost- promotion and protection of the Yarra the Yarra River? effective manner? River. Land use planning and development Does the Committee have any Scope advice or findings that would benefit In relation to the referral of planning the and the The Committee is required to address applications − community? the following matters. a. Are the relevant criteria and powers Defining the issues of referral authorities sufficient to address land developments that What are the current and emerging affect the Yarra River? issues for the Yarra River that are impacting on its environmental b. Are there other matters of concern cultural, social and economic values? or other statutory bodies that should be included in the referral Institutional and regulatory process? arrangements What other changes to land In relation to the statutory bodies with development controls would further powers and functions affecting or improve the health of the Yarra River relevant to the Yarra River − and its tributaries and improve the net benefits that the Yarra River can a. What are the existing powers and provide to the community? functions of these statutory bodies? General b. What opportunities are there to improve these powers and Which of all these issues and functions to address the issues for opportunities are of greatest priority the Yarra River? and, if addressed, would achieve the greatest net economic, social

3 Chapter 1: Introduction

1.2 Changing policy settings

The Yarra MAC is aware that there Table 1: Relevant Victorian Government initiatives are Victorian Government initiatives underway that will contribute to the policy context for their advice. These Theme Initiative initiatives will enhance the focus on environmental protection and the Biodiversity Protecting Victoria’s Environment – importance of liveable cities and towns to Biodiversity 2036 community health and wellbeing. Table 1 Native Vegetation Regulations review shows the key initiatives. Flora and Fauna Guarantee Act review The Department of Environment, Land, Water and Planning (DELWP) is also Climate change New Victorian climate change framework working with Banyule, Boroondara, Coasts & marine New coasts and marine legislation Manningham, Nillumbik, Stonnington and Yarra councils and with Melbourne Port Phillip Bay Environmental Water to prepare and implement stronger Management Plan planning controls. These aim to protect State of the Bay reporting the landscape values of the Yarra River between Richmond and Warrandyte, Environment EPA Victoria Inquiry an area under increasing development Review of the State Environment Protection pressure. This work2 has recently: Policies Improved state of the environment • strengthened the State Planning Policy reporting Framework, implementing for the first time a Yarra River protection planning Land use planning Plan Melbourne refresh policy that identifies the river’s metropolitan significance and provides Independent review of management 2 For more information guidance to councils about decision- arrangements for Kananook Creek about planning controls making Yarra River protection – stronger planning being developed for the controls Yarra River, visit www. • strengthened overshadowing controls delwp.vic.gov.au/yarra- in the Melbourne central business Water (and waterways) Water for Victoria river-controls. district (CBD) to ensure that tall Regional riparian action plan buildings do not overshadow the Yarra River and its banks Renewed strategy New integrated catchment management • implemented interim planning controls strategy into the Yarra Planning Scheme (City of Improved catchment reporting Yarra) to protect this part of the Yarra River corridor that is under the most Our catchments, our communities pressure.

4 Protecting the Yarra River (Birrarung)

1.3 Have your say The Yarra MAC developed this discussion paper after Figure 1: Yarra MAC timelines discussions with the Yarra Reference Group and stakeholders about key issues and opportunities for the Critical issues and Yarra River corridor and its catchment. opportunities (Jan–Mar 2016) The Yarra MAC would like to hear 7. What do you think are the key criteria what you think about the ideas in this for the evaluation of options for discussion paper and any other ideas management arrangements of the you may have about protecting the Yarra Yarra River and its riverscape (refer Investigations River. In particular, it seeks feedback on section 5.4)? (Mar–Jun 2016) the following questions. 8. What are your thoughts on the options 1. What aspect of the Yarra River and its for a new management model for the environs would you most like to see Yarra River and its environs? Discussion paper protected? 9. What are your thoughts about (Jul 2016) 2. What aspect of the Yarra River and its establishing a new organisation to environs would you most like to see oversee development and monitor improved? delivery of the Yarra strategic plan?

3. Is there any information or issues we 10. Are there any other management Public and targeted have missed? models /options we should consider? consultation (Jul 2016) 4. What would you like to see included in The Yarra MAC will consider all feedback a vision for the Yarra River? and prepare a summary report. A number of investigations have also been 5. What elements would you like to see commissioned to inform the Yarra MAC’s Deliberations covered in the Yarra strategic plan? deliberations. (Aug 2016)

6. What would you like to see included in The Yarra MAC will provide their advice legislation to protect the Yarra River? on governance reforms to protect the Yarra River to the Victorian Government by the end of 2016. Advice to the government (Late 2016)

5 There are many ways to have your say: online, in person and by making a written submission.

Online

At http://haveyoursay.delwp.vic.gov.au/protecting-the-yarra-river you can view and download this discussion paper, background studies and other information and also provide feedback through an online ideas-sharing tool. You can also make a written submission by completing the submission form on the website.

In person

You can attend one of the community workshops being held along the Yarra to join the discussion and complete a workshop feedback form. Or you can drop in to one of the listening posts being held along the Yarra River corridor. Details and timings of events will available at http://haveyoursay.delwp.vic.gov.au/ protecting-the-yarra-river.

Written submission

You can make a written submission on the discussion paper by:

• completing an online submission form at http://haveyoursay.delwp.vic.gov. au/protecting-the-yarra-river

• emailing a written submission to [email protected]

• posting a written submission to: Yarra River Protection Program Manager, Planning Policy Implementation Department of Environment, Land, Water and Planning Level 8, 8 Nicholson St, Melbourne Vic 3000

Submissions will be made public unless you ask for yours to be confidential.

Please make your submission by Friday 5 August 2016.

6 Protecting the Yarra River (Birrarung) over time over 2. Stewardship 2. Stewardship

7 Stewardship over time

To the Wurundjeri people, the Birrarung (Yarra River) was the life source and an important meeting place. Its landscapes and biodiversity features in their Dreamtime and creation stories.

After European settlement, the river 2.1 Aboriginal peoples’ by the ancestral creator spirit , became the lifeblood of the rapidly the wedge-tailed eagle. They call the developing . It relationship with the river Birrarung (meaning shadows of provided water supply, supported food Yarra the mists) and they once moved around production and industries, transported the area according to the weather people and goods and was a place for The land surrounding where the Birrarung and availability of food. In winter, the recreational activities; it facilitated urban (the Yarra River) flows into Port Phillip Bay, Wurundjeri-willam regularly camped in development. It has continued to shape including the , was home to the the higher areas as the land near the Melbourne ever since. , Boonwurrung, , river flooded. In spring and summer they Dja Dja Wurrung and the Wathaurung travelled more frequently, hunting and Today’s Yarra River, with its naturalistic groups who form the . gathering food and visiting sacred sites. riverscape settings and vast network of Their spiritual connection to places such parklands, is largely the legacy of two There were many , which were as the confluence of the Yarra River and major waves of regulatory interventions great sources of food and water, where extends back thousands of and investments that followed the two Melbourne and its now stand. The years through periods of extraordinary most significant population growth eras areas included the lower Yarra environmental upheaval that saw of Melbourne: the initial gold rush and west and south of the current CBD, Elwood dramatic changes in the river. town-founding era of the late 1800s and Carrum Carrum (which and the post war immigration and baby stretched from Mordialloc in the north to Some 16,000 years ago before Earth boom decades from the that drove Frankston in the south). Albert Park Lake emerged from the Ice Age, the land significant environment protection and is all that remains of the once-extensive mass of Victoria was still connected to urban renewal especially in the 1970s. wetlands areas of the lower Yarra. . Port Phillip Bay was a vast plain, the Yarra flowed through a vast For the Wurundjeri people, who have a gorge at the heads then south to join the spiritual connection to the Yarra’s lands Tamar River then west into the Southern and waterway, the river is a life source Ocean. The River in that has been etched into the landscape was also of the Yarra.

8 Protecting the Yarra River (Birrarung)

Volcanic eruptions have since altered treatment farm at Werribee. To carry out with some later additions, is now a rare the course of the Yarra River. As recently these works the Victorian Government example of natural bushland and it offers as about 1000 years ago it meandered and local councils created the Melbourne a unique sense of the pre-European city across the grassland and saltbush floor of and Metropolitan Board of Works (MMBW) and river landscape. Yarra Bend Park Port Phillip Bay, the bay entrance having in 1891. This was a key initiative in what was the forerunner of the later and larger become blocked with sand and silt, cutting was a momentous period of planning reservations of areas along the middle it off from . With no ocean and investment for Melbourne’s future. Yarra for public parkland. water to replenish it, the bay shrank and The sewering of Melbourne transformed was occupied by the Yarra and Werribee the quality of life of many Melburnians These green spaces are now a key part rivers. When the ocean finally penetrated and dramatically reduced in its of Melbourne’s open space network and the clogged entrance to Port Phillip Bay, it waterways, including in the Yarra. integral to the character of the city. would have filled rapidly. The setting-aside of 100,000 ha in the These dramatic environmental events are upper Yarra catchment in 1890 to harvest consistent with several Aboriginal oral water to supply Melbourne has preserved histories that include the flooding waters the pristine headwaters of the Yarra River of a drier bay. until today. The deep soils in these forests act like sponges to hold rainwater then 2.2 European settlement filter and slowly release it into springs, , creeks and rivers from where The story of dramatic changes to the it is harvested and stored by a network Yarra River continued with the arrival of of diversion weirs, aqueducts and Europeans. The river and its provision of reservoirs, the largest being the Upper freshwater was essential for the founding Yarra Reservoir. Because the source water and development of Melbourne. It wasn’t from the protected catchment is high- long however before the Yarra’s clear quality it requires very little treatment: water became muddy, polluted and the fantastic legacy of our city’s early unsafe to drink. Over only a few decades, planners. the river was straightened, widened and deepened in sections to manage Recognition of the contribution that the its flooding and improve navigation. In Yarra River corridor and its links into the upper catchment, large areas were the catchment make to the amenity of cleared for agriculture, causing the easily the city also began relatively early in erodible soils to wash into the river. Melbourne’s development. The Melbourne Botanic Gardens were established in 1846 Pollution, degrading water quality and the and were enlarged in 1875 to include land spread of disease drove the city to secure from the Domain on the banks of the its water supply from the upper Yarra river. Other smaller areas of public open catchment and eventually to construct space were progressively reserved along an underground sewerage system to both banks of the lower Yarra and in 1877 transfer wastes from properties to a Yarra Bend Park was reserved. This park,

Source State Library of Victoria

9 Chapter 6: Options for governance reform

Source imagesofyesteryear

2.3 Investment and regulation so far

With Melbourne’s continually growing To secure Melbourne’s water supply for for the Melbourne Metropolitan Region population came the increasing a growing population, a major period of (which included the growth corridor and urbanisation of the Yarra River dam building began in the 1950s. Major green wedge concepts) that investment catchment and further pressure on the investments included the of began creating the open space corridor health of the waterway. From the First the Upper Yarra Reservoir (completed in and metropolitan park system along the World War through the Great Depression 1957) which further reduced flows in the Yarra River as well as other Melbourne and the Second World War there was Yarra River. waterways. little investment in new sewerage or water supply infrastructure to service Planning for the growth of Melbourne’s The early 1970s also saw the creation of the growing city. The rapid population suburbs began with the Melbourne EPA Victoria and the implementation of growth and expanding suburbs of the Metropolitan Planning Scheme developed a major backlog sewering program to 1960s and 1970s were mostly unsewered. in 1954 by the MMBW. The scheme shows tackle the increasing pollution from the This resulted in risks to public health the beginnings of the urban development nearly 300,000 unsewered properties and significant pollution of the Yarra, its corridors we know today and highlighted in Melbourne. These initiatives greatly tributaries and Port Phillip Bay. the potential for a network of parklands improved water quality in the Yarra River and open spaces along rivers and creeks. and sparked renewed interest in the use It was not until the early 1970s and the and enjoyment of the Yarra River and release by the MMBW of Planning Policies its environs. Government investment

10 Protecting the Yarra River (Birrarung)

continued into the 1980s with further Southbank, , Birrurung strengthen planning controls in a process strategic open space acquisition to Marr and Docklands. The reimagining with local government. create a continuous open space corridor of the Yarra River continues today as along the river and to develop the shared commercial and industrial sites are Figure 2 shows a timeline of the major trail network that now attracts hundreds redeveloped, and competition for limited capital investment and regulatory and of thousands of users each year. residential land with river frontage management interventions for the Yarra intensifies. The increasing development River corridor. It shows the two main In recent decades there has been pressures have raised community waves of investment and regulatory considerable investment in revegetation, concerns. change that followed times of major improved management of stormwater population growth: the town-founding pollution, provision of environmental The concept plans developed by the period of the late-1800s to early- flows and research and monitoring to MMBW and Melbourne Parks and and the period of the 1970s and 1980s. get a better understanding of the river’s Waterways in the 1980s and 1990s ecology and its condition. have proven to be inadequate to protect the Yarra River corridor from The improving condition of the Yarra intrusive development and the Victorian River has encouraged a rediscovery Government has recently moved to of the river with the redevelopment of

11 Chapter 2: Stewardship over time

Figure 2: Stewardship over time

1890s

100,000 ha reserved in the upper Yarra catchment to protect water supplies which has protected the headwaters of the Yarra in near- pristine condition

Construction started on an 1896 underground sewerage system to send wastes to the Werribee Yarra treatment farm Improvement Act 1896 drives MMBW established to build and improvements operate sewerage and water in flood supply systems management

1929

1850–90s Yarra Bend 1877 Park joined European settlers modified with Studley the water course and used to create the river for ad hoc water Bend Park current 260 ha supply and waste disposal reserved reserve which degraded and 1835 polluted the waterway Traditional Owners 1873–90s use the river for Early European Abattoirs, smelters, water supply, settlement tanneries and mortuaries Royal Botanic food and cultural developed along also disposed of waste into Gardens laid activities the Yarra River river causing it to ‘run red’ out and planted

Town-founding investment in parks River used for water supply Low-intensity land management and public health (water supply and waste disposal quality and waste disposal systems)

12 Protecting the Yarra River (Birrarung)

Figure 2: Stewardship over time

1970

Environment Protection Act 1970 led to the creation of EPA Victoria and large-scale (backlog) sewering of outer 2006 suburbs and prohibition of 17,000 ML environmental industrial waste discharges water entitlement Statement of Planning made available for the Policy Number 4: Yarra River Yarra River to protect required the corridor to be environmental values planned primarily as an open Planning controls for space system for nature residential stormwater conservation and recreation management introduced (Clause 56.07) 1970s

MMBW Planning Policies for Melbourne Metropolitan 2002 1960–70s region included green wedges and policies to Rapid population manage flooding, reduce reinforced the growth and sewage pollution and reserve green wedges 2015 expansion of land for recreational use; it 1980–90s policy and set Melbourne’s was followed by significant urban growth Yarra River protection 1950s (mostly investments to create the Transformation boundaries clause introduced into unsewered) open space corridor and of Southbank for Melbourne, the State Planning Construction of suburbs resulted park system along the Yarra and protecting the Policy Framework, the the Upper Yarra in risks to public and strategic open space development of upper Yarra strongest policy to date Reservoir that health and acquisition and construction the promenades Valley from for managing the river further reduced pollution of the of the along along the CBD significant urban corridor’s environmental flows in the river Yarra the river section development and landscape values

Significant investments in Rapid expansion of suburbs that environment protection and Incremental improvements are largely unsewered urban renewal

13 14 Protecting the Yarra River (Birrarung) today 3. The Yarra River River The Yarra 3.

15 The Yarra River today

“The Yarra River and the landscape through which it passes have metropolitan significance as an environmental, aesthetic, cultural, recreation and tourism asset. The river corridor links parklands and reserves into a near-continuous vegetated landscape experience that provides a highly valued refuge from the urban environment for local and metropolitan communities. Its highly naturalistic landscape corridor forms a backdrop to surrounding suburbs, helping to define their identity” 3

3.1 Significance

The Yarra River is one of Victoria’s most where people relax, meet, exercise and estuary is home to the Port of Melbourne, iconic waterways. It flows 242 kms from celebrate. It is a wildlife and biodiversity Australia’s largest maritime hub for its near-pristine forested headwaters, corridor supporting diverse life forms and cargo. through the tranquil rural Yarra Valley it is important to the culture, values and and Melbourne’s suburbs to the heart of practices of Aboriginal people. The significance of the Yarra River Melbourne’s CBD before discharging into to Melbourne has recently been Port Phillip Bay. The Yarra River catchment is more recognised in the State Planning Policy than 4,000 km2 in area and is home Framework with a dedicated Yarra River The river is integral to Melbourne’s to more than two million people: over protection planning policy identifying its identity and vital for the city’s liveability. one-third of Victoria’s population. The metropolitan significance. There are 2,450 ha of urban parklands upper Yarra reach is the source of much and green open spaces along the river of Melbourne’s drinking water and its

3 Middle Yarra Corridor Study (July 2014), Department of , Planning and Local Infrastructure.

16 Protecting the Yarra River (Birrarung)

Yarra River - Context MaFigurep 3: The Yarra River and its catchment DRAFT

Yarra River

Yarra River tributaries

Yarra River catchment boundary

Water bodies

Open space

Urban extent

Freeways and highways

Rail lines

Localities

N

Planning Information Services Print Date: 22/6/2016 © The State of Victoria, Department of Environment, Land, Water and Planning 2016. The State of Victoria does not warrant the accuracy or completeness of information in this publication and any MapID: person using or relying upon such information does so on the basis that the State of Victoria shall bear no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information. 17 Chapter 3: The Yarra River today

Figure 4: Extract from the State Planning Policy Framework - clause 12

12.05-2 Yarra River protection Retain and enhance people’s enjoyment of the river and its environment by: 21/12/2015 Objective VC121 • Planning for the river and its environs as a recreation and Maintain and enhance the natural landscape character of tourism resource. the Yarra River corridor in which the topography, waterway, banks and tree canopy are dominant features providing • Ensuring linkages and public access to the river and its a highly valued, secluded, natural environment for the parklands are maintained, enhanced and new links created enjoyment of the public. where appropriate.

Strategies • Avoiding overshadowing of the river, its banks and adjacent public open space to ensure that the amenity of the public Strengthen the river’s natural environment, heritage and realm is maintained year-round. overall health by: Ensure that development is designed and sited to maintain • Protecting the river’s riparian vegetation, natural riverbank and enhance the river’s secluded and natural environment by: topography and flood management capacity. • Minimising the visual intrusion of development when • Ensuring development does not increase the rate or viewed from major roads, bridge crossings, public open quantity of stormwater, sediment or other pollutants space, recreation trails and the river itself. entering the river. • Ensuring that the siting and design of buildings • Protecting and enhancing both terrestrial and aquatic avoid contrast with the local natural landscape and habitats and their linkages along the river corridor. environmental character.

Maintain a sense of place and landscape identity by: • Ensuring building height is below the natural tree canopy and all development is set back a minimum of 30 metres, or • Retaining a dominant and consistent tree canopy along the greater, from the banks of the river. river corridor and within its broader landscape setting. Policy guidelines • Ensuring that the appearance of development is subordinate to the local landscape setting, with any views Planning must consider as relevant: of development being filtered through vegetation. • Review of Policies and Controls for the Yarra River Corridor – Punt Road to Burke Road 2005, Department of and Environment

• Middle Yarra River Corridor Study 2015, Department of Environment, Land, Water and Planning.

18 Protecting the Yarra River (Birrarung)

4 3.2 River health 4 River health is measured by Despite significant catchment changes A recent study of the health of the Yarra The study also observed that a number examining a range and urbanisation, the ecological habitat River by the Centre for Aquatic Pollution of indicators do not change significantly of scientific data of the Yarra River is still relatively Identification and Management (CAPIM) 5 along the rivers length: to understand the high-standard and supports a diverse at The observed biological diversity community of fish and birdlife. One- that “Overall, the waterway health of the • fish remain in moderate numbers (flow and ecological third of Victoria’s animal species and Yarra River is moderate when examining and migration being key determinants) functioning required over 190 species of birds are found in biota.” to support the • platypus remain in very low numbers the Yarra catchment. The Yarra River different key values (but most surveys have been of of an urbanised supports many important environmental Several key indicators change from high/ tributaries while the Yarra itself is river (such as fish, values including platypus and nationally very high in headwaters to low/very low known to support sustainable breeding waterbugs, birds, significant fish species (such as the condition in lower reaches - this applies populations down to Odyssey House in vegetation and Australian grayling and the Macquarie to freshwater macroinvertebrates, birds habitat). and vegetation and reflects the impacts Templestowe) perch). 5 The study—the of land clearing, pollution and flow • frog numbers are very high in the lower Yarra River Waterway modification. reaches with a higher occurrence of Health Overview preferred habitat in wetlands and in (2016)—is available moderate condition in headwaters. on request.

19 Chapter 3: The Yarra River today

3.3 Water quality

The water quality of the Yarra River varies • a higher standard of sewer system along its length. It is excellent in the management (in particular of wet headwaters where the river flows through weather spills) than many countries protected forests and a near-pristine environment, but it progressively declines • relatively low levels of heavy metals downstream towards Port Phillip Bay (such as mercury and chromium), due into the increasingly urbanised Greater to there being few point sources for Melbourne area. discharges from industries associated with these metals. In Australia and across , relatively few rivers remain in pristine However, the Yarra was also found to condition. Most rivers are affected by have high levels of zinc and lead. Zinc is human activities in their catchments likely to be from urban stormwater run-off which often result in changes to their from roofs and roads and from industrial form, flows and water quality and to discharges. Lead is primarily a legacy vegetation, soils, flora and fauna. of urban stormwater run-off from roads before leaded petrol was phased out. There has been much improvement in the water quality of the Yarra River over the The river’s water quality is much better last 40 years. A recent study by CAPIM 6 of today than it was in the 1970s and the Yarra River’s water quality compared has remained fairly stable in the past 6 Yarra River Waterway decade despite increased pressure from Health Overview (2016), to that of other major urban rivers (refer continued urbanisation, population Centre for Aquatic figure 5) found the Yarra River had: Pollution Identification growth and agriculture. and Management • relatively low levels of Escherichia (CAPIM). coli (E. coli) 7 and nutrients (cities 7 The E. coli count is with much higher faecal pollution an indication of faecal included , San Diego, Hong contamination that Kong, Brussels, Lanzhou, Guangzhou, can make swimmers and Shanghai; cites with much sick if they ingest the higher nutrient levels included Brussels, water. Faecal pollution Madrid, London, Phoenix, can be from sewage, and ) agricultural run–off or urban runoff (for example, from dogs or ducks).

20 Protecting the Yarra River (Birrarung)

Figure 5: Faecal contamination levels of major urban rivers

Faecal indicators Notes

1. Faecal contamination is as E. coli, Enterococci or faecal coliforms. 1000 2. Primary uses include swimming and secondary uses include boating and . Data is represented

as a relative value (ratio) to the primary guideline. 100 A value of 1.0 on the graph means that the faecal contamination value was the same as the relevant primary guideline value. A value of 5.0 is equal to the secondary guideline, as recommended in the State 10 Secondary guideline Environment Protection Policy (Waters of Victoria –

e to SEPP guideline Schedule F7 Waters of the Yarra Catchment) (State of Victoria 1999). Primary guideline 1 3. Primary sites for Melbourne are Kew and Australia Warrandyte. Secondary site for Melbourne is International Melbourne CBD. Melbourne (primary) indicator relati v 0.1 Source: Yarra River Waterway Health Overview Melbourne (secondary) (2016), Centre for Aquatic Pollution Identification and Management (CAPIM).

y ne wn th iro is Oitaer ton ar ong tlandustin P ur P or A isbane aner ussels Beijing P Sydne ellington Phoenix LondonJ Xi'an City Hamilton Br istchurchAdelaide Br Lanzhou Shanghai Melbour W Cape To Ashb San DiegoHong K Los Angeles Guangzhou Songhuajiang Chr Rio De City

21 Chapter 3: The Yarra River today

3.4 Estuary habitat 3.5 Impact on Port

The aquatic habitat in the Yarra River Phillip Bay estuary 8 is also very important. Many The Yarra River is the largest contributor species of native fish move from rivers to Figure 6: Sources of nitrogen in Port of sediments (toxicants, pathogens and the sea (and vice versa) to complete their Phillip Bay ) to Port Phillip Bay and contributes life cycles. Species such as around one third of the nitrogen from the grayling, tupong, eels and galaxiids move bay’s catchment. The total contribution between the upper reaches of the Yarra of nitrogen by the Yarra to the bay River catchment and the saltwater of is second only to that of the Western Port Phillip Bay as adults or juveniles to Yarra 32% WTP 54% Treatment Plant (WTP). complete their life cycle. The bay naturally processes most A weir on the Yarra constructed in 1845 nutrients, limiting the risk of damaging as part of the Dights Falls flour mill algal blooms. A science review and (Collingwood) was a significant barrier to modelling undertaken to inform the upstream fish movement for more than new Port Phillip Bay Environmental 100 years prior to the construction of a Werribee Management Plan indicates that nitrogen fishway by Melbourne Water. 6% loads should be managed to avoid The estuarine region of the Yarra River exceeding current levels, which are at runs through the Port of Melbourne and around 6000 t/year. Should nitrogen Maribyrnong Melbourne’s CBD and retains little natural levels exceed 15,000 t/year, algal blooms Dandenong 4% 3% habitat. This may be an impediment are likely to occur along the northern to the survival of estuarine fish species beaches of the bay for most of the year and the movement of migrating fish, and it may be difficult for the bay to especially in their highly susceptible recover. Figure 6 Data sourced from Port Phillip Catchments juvenile stage. There has been very Urban development from Melbourne’s to Bay Model Scenarios Report (2015). little study of the ecology of the river 8 The Yarra River estuary increasing population will, if unmanaged, estuary or investment in restoring and extends from Dights Falls result in greater catchment-based pollution maintaining aquatic habitat in this reach. to Newport. It is a salt- (including sediments, nutrients, toxicants wedge estuary where the and pathogens) to Port Phillip Bay. mixing of saltwater and freshwater is influenced Given that inputs from the WTP are by freshwater inflows over already tightly controlled, it is essential to Dights Falls. improve management of stormwater to the bay via tributaries such as the Yarra River to maintain the amenity and health of Port Phillip Bay for its animals, plants and people.

22 Protecting the Yarra River (Birrarung)

3.6 Urban parklands and open spaces

Public parkland and green open space Upstream of Dights Falls, the suburban A central objective of previous strategic are vital contributors to the health Yarra reach comprises an almost planning of the river corridor has been to and wellbeing of the community and continuous vegetated corridor linking ‘develop a continuous linear trail network the character of the local and regional substantial areas of parkland particularly for non-motorised movement within landscape. Of all Melbourne’s public and from Bulleen to Warrandyte. At the the area, which will link with areas of private open spaces, those associated western end (downstream of Bulleen) the open space upstream and downstream with the Yarra River represent perhaps linear open space is dominated by sports and facilitate cross-valley movement’ 9. the largest and most important. This is fields, golf courses and smaller parkland The largely successful development of particularly true in more built- areas, areas while further upstream towards the Main Yarra Trail and its associated where the density of development is such Warrandyte the open space becomes links demonstrates achievement of that access to open space is limited. more about conservation. Gardiners, this objective. The linear trail network Merri, Darebin and Mullum Mullum Creeks currently terminates at Tikalara Park in The open space corridor associated with and the are important Templestowe. The of Yarra Ranges the Yarra varies in width from broad, tributaries and open space linkages in has a strategy for a new Yarra Valley Trail substantial parklands to narrow linear this reach. that will link at points with the Yarra River. reserves at the river’s edge. There is 2,450 ha of urban parklands and public Public access to the open space corridor Along the entire river corridor, the cultural open spaces along the Yarra. In addition, of the rural Yarra reach after Warrandyte and environmental significance of many there is a considerable area of private becomes more limited due to the spaces is recognised by heritage or open spaces with more than 10 golf presence of private property, golf courses environmental controls over buildings courses along the river’s length. and public institutions. As a result, some and structures, the river banks, significant sections of the corridor are accessible trees and the parklands themselves. The Williamstown to Southbank stretch only via canoes or kayaks which can of the inner-city Yarra reach has a series contribute to a sense of isolation and of public open spaces, often narrow seclusion in places. Most people would pathways and promenades that allow only directly experience the Yarra for complex patterns of movement by through public open spaces associated 9 Lower Yarra River pedestrians, cyclists, vehicles and river with townships as well as conservation- Development Plan . This transitions into a less highly focused reserves. (1985) and repeated in developed but still highly utilised corridor later plans including somewhat dominated by major roads Linking People and such as the before Spaces (2002). emerging into a substantial chain of urban parklands and naturalistic river environs from Herring Island to Dights Falls. The Maribyrnong River and Moonee Ponds, Gardiners and Merri creeks are important tributaries and open space linkages in this reach.

23 Chapter 3: The Yarra River today

Figure 7 displays survey data about why people visit the Yarra River corridor. It shows that the main reason people visit the river are to exercise, for general relaxation, picnics and social events and to appreciate nature. It also shows that commuting and dog are popular reasons to visit.

Figure 7: Reasons people visit the Yarra River

EXERCISING 29% 61% Source: Melbourne 20% Water’s 2014 Community GENERAL RELAXATION 55% Perception survey.

DOG WALKING 5% 18% MAIN 20% ALL PICNICS / SOCIAL EVENTS 57%

14% APPRECIATING NATURE 44%

8% COMMUTING 23%

2% FISHING 9%

1% SWIMMING 8%

1% CANOEING 6%

1% OTHER 1%

24 Protecting the Yarra River (Birrarung)

3.7 Amenity 3.8 Values

The Yarra River and its riverscape (or The Yarra River, its immediate corridor • is a commuter transport corridor landscape corridor) has been identified and its catchment offer a wide range of as an important amenity value to the city opportunities for the benefit, enjoyment • provides many passive and active and its community. Amenity is a term with and health of locals and visitors. The recreation opportunities varied meanings across the community Yarra MAC has identified that the Yarra • has pre-eminent public spaces where and land use and environmental River corridor provides the following people can go to appreciate nature planning disciplines. In the context of ecological, cultural, social, amenity and and encounter others this discussion it is the attributes of the economic values. The corridor: Yarra River corridor that contribute to • has aesthetic and landscape value feelings of comfort, pleasantness, social • is an inseparable part of Melbourne’s connection and visual attractiveness for identity • is a natural setting for events and the community. attractions for tourism • has vital significance for Aboriginal Research and strategies along the cultural heritage and practices • is home to Australia’s largest container river corridor to date have identified port and the Docklands precinct • has shaped non-Aboriginal cultural numerous attributes that contribute to its provides marinas and facilities for heritage and urban settlement in amenity. These include a tree-dominant commercial and recreational boating Melbourne landscape, open spaces, recreation trails, • has a significant influence on the views of and access to the water, scenic • is a diverse water-dependent environmental health of Port Phillip Bay. views to and from roads and bridges to ecosystem a naturalistic landscape, connections to cultural places and the lack of dominant • is the main source of Melbourne’s and continuous built form immediately drinking water adjacent to the waterway. • supports primary sector production (of Amenity and liveability are interrelated agricultural and fishery commodities) and can share many common attributes.

25 Chapter 3: The Yarra River today

3.9 Characteristics of each reach

Along the length of the Yarra River the 2. the suburban Yarra reach: it flows characteristics and values of the river through Melbourne’s residential are quite distinct and the benefits and areas and provides recreational and experiences it provides vary considerably. transport opportunities. These variations can be grouped into four distinct waterway typologies (reaches) 3. the rural Yarra reach: it flows through that highlight the different pressures agricultural land past lifestyle on the health and amenity of the Yarra properties and rural towns and is River and the challenges of developing an characterised by broad floodplain integrated management approach along elements with the river mostly hidden its full length. away on private land. 4. the upper Yarra reach: The four reaches are: it is mostly national park with near- 1. the inner-city Yarra reach: it is pristine areas of public land set aside a highly urbanised setting; the for harvesting water; many pristine watercourse has been heavily streams are found in this area which modified to reduce flood risk and is mostly national park comprised enable navigation and recreational of Mountain Ash forests and cool uses (such as ). Significant temperate rainforests. areas of former industrial land and buildings are being converted for Figure 8 explains the environmental, residential and commercial use social, cultural and economic through Abbotsford, Richmond, characteristics of each reach and Cremorne, Southbank and Docklands illustrates the degree of modification of in an ongoing transformation of the each. inner city.

26 Figure 8: The four reaches of the Yarra River

Characteristic Inner-city Yarra reach Suburban Yarra reach Rural Yarra reach Upper Yarra reach Port Phillip Bay to Dights Falls Dights Falls to Warrandyte Warrandyte to Upper Yarra Reservoir Headwaters above the Upper Yarra Reservoir

Environmental The watercourse and estuary are The riverscape is urbanised. River This reach has cleared rural The Yarra’s source in the southern highly modified. and seals health and water quality is affected riverscapes with fragmented slopes of the is are sighted on occasions. There are by stormwater run-off from roads, vegetation. The natural flow of the near-pristine forested mountains. River areas of naturalistic riverscape. The roofs and pavements with pollutants Yarra is altered by the Upper Yarra health and water quality are excellent. aquatic estuarine habitat is vital for such as nutrients, heavy metals and Reservoir. Water quality declines as Birds and macroinvertebrates are movement between the upper reaches litter. The fishway at Dights Falls allows run-off contains nutrients, sediments plentiful and platypus sightings are and the sea of some native fish the passage of native migratory fish, and pesticides. There are good common. species. Stormwater run-off carries boosting fish numbers and species numbers of fish although many are nutrients and sediments (toxicants, diversity. non-native species. Yering Backswamp pathogens and litter) into the bay via near Yarra Glen is significant. the Yarra.

Social There are many active and passive There are many active and passive There is limited public access to the The catchment is closed. recreation opportunities along trails, recreation opportunities along trails, corridor except at access points and in parklands, on the water and in in parklands, on the water and in in rural towns. On-water activities at open spaces (including community open spaces (including community access points including fishing. gatherings and events). gatherings and events). It is an important transport corridor for cyclists.

Cultural There are many cultural events and There are important Aboriginal and There are important Aboriginal and There are important Aboriginal and sporting facilities. There are important other heritage values, and cultural other heritage values. other heritage values. It is recognised Aboriginal and other heritage values. events and venues. as a heritage river.

Economic This reach includes the Port of The adjoining metropolitan parklands, This is a prime agricultural region for The protected water supply area Melbourne and offers commercial, bushland reserves and wetlands wine making, gourmet food production generates much high-quality drinking tourism, event and sporting activities contribute to the character and and cattle and sheep grazing. It has water for Melbourne. It has national on and along the river. Trails are also a amenity of the corridor. There are fruit orchards, flower gardens, market and state parks and supports nature cycling corridor for commuters. There dispersed tourism, sporting and gardens and berry farms. It also has tourism. are competing uses in some locations. commercial activities. There are national and state parks and supports competing uses in some locations. nature and gourmet tourism.

Degree of modification

HIGH DEGREE OF MODIFICATION LOW

27 Chapter 3: The Yarra River today

3.10 Key issues and opportunities

The Yarra MAC has held discussions and Recurring themes across the reaches • protect the river’s water quality and workshops with a range of stakeholders were the need to: ensure sufficient water flows to identify the issues and opportunities that should be considered in governance • improve the recognition and • enhance biodiversity reforms. celebration of Aboriginal heritage and culture • control the effects of urbanisation Due to the diversity of the conditions and development (such as increased along the Yarra River, opportunities and • develop a strategic vision and/or plan stormwater run-off and visual impacts). issues were separately identified for each for the whole Yarra River corridor of the four reaches. • secure continuous parkland and trail along the corridor

Inner-city Yarra reach Table 2: Key issues and opportunities for the Inner-city Yarra reach (Port Phillip Bay to Dights Falls)

There have been (and continue to be) Issues Opportunities significant opportunities to redevelop and renew sites along the inner-city Yarra Land use/development planning Yarra corridor strategy / plan reach to provide for increased community access, enjoyment and use of the Yarra. • Responsibilities for land use planning • Establish a whole-of-river approach along the corridor are fragmented that sets the context for localised Table 2 shows the key issues identified projects and management (through for this reach and the opportunities • Intrusive development affecting views to development of a corridor plan and/ to address them, largely through land and from the river or vision) use planning processes for urban (re) • Pollution and litter from stormwater developments. • Identify and celebrate Aboriginal flows into the river and then into Port heritage and culture Phillip Bay Parklands and open space strategy

• Establish continuous public access along the length of the river

Waterway strategy / management plan

• Engage in revegetation and ecological restoration

28 Protecting the Yarra River (Birrarung)

Figure 9: Stormwater run-off drainage into waterways

Source: Melbourne Water 2016

29 Chapter 3: The Yarra River today

Suburban Yarra reach Table 3: Key issues and opportunities for the Suburban Yarra reach (Dights Falls to Warrandyte) Issues Opportunities A key issue in the suburban Yarra reach is urban stormwater run-off from roads, Land use/development planning Land use / development planning roofs and pavements that picks up • Management of private properties • Develop a clear vision for a future pollutants (such as nutrients, heavy affects the environment and riverscape along the river’s full length metals and litter). In the Yarra catchment, landscape of the waterway urban run-off enters the Yarra River • Implement stronger and consistent via the 10,041 km of council drains (the • Development is encroaching on the planning controls to protect the orange drains in Figure 10) that discharge views to and from the river reach’s character directly into the Yarra River, into a tributary that then flows into the Yarra • Competing uses and interests should • Develop hubs or popular visitor River or into the 422 km of Melbourne be balanced attractions to make the river a Water drains (the light blue drains in destination, not just a trail Figure 10) that then drain directly (or via • Aboriginal culture and heritage should be protected a tributary) into the Yarra River. The rush Parklands and open space strategy of polluted water into waterways causes Waterway strategy / management plan • Improve the network of trails damage every time it rains. The volume including for all-abilities use and and frequency of polluted stormwater • Climate change is affecting river improve access (such as by smart means that sensitive organisms can flows design to balance competing uses rarely survive in the river. and meet peak demands) and make • Stormwater run-off is increasing the trails continuous along the length Table 3 shows the issues identified pollution and river flows and causing of river. for the suburban Yarra reach and the opportunities to address them. • Increase recreation, community and • The reach has pest plants and sporting events animals

Funding sources

• Funding sources are not secure

30 Protecting the Yarra River (Birrarung)

Rural Yarra reach Table 4: Key issues and opportunities for the Rural Yarra reach (Warrandyte to the Upper Yarra Reservoir) Issues Opportunities

The natural flow of the Yarra was altered Enhanced use of environmental water • Develop a parklands and open space greatly by the harvesting of water to supply entitlements strategy Melbourne, other towns in the region and agriculture. The combination of passing • Flow is reduced by water extractions • Protect Aboriginal culture and flows and the Yarra’s 17,000ML annual heritage environmental water entitlement are now • Volume and timing of river flows used to improve the environmental values • Create continuous parkland and Waterway strategy / management plan and health of the river. trails • Cleared land and run-off contain • Create continuous parkland and Table 4 shows the key issues identified nutrients and sediments that enter trails for the rural Yarra reach and the the river opportunities to address them. • Encourage tourism • Changing land uses result in increased urbanisation

• Agricultural run-off and livestock access affect the river

Upper Yarra reach Table 5: Key issues and opportunities for the Upper Yarra reach

The main pressures on the health of Priorities and issues Opportunities the upper Yarra and its water quality are from the impacts of a changing Protection of water supply • Recognise and protect natural values climate that is warmer and drier, with an increased likelihood of severe events • The need to control public access • Engage Traditional Owners in fire (such as droughts and bushfires). and keep sites well maintained management

Table 5 shows the key issues and • Extreme weather resulting in • Educate the public about the river’s opportunities identified and issues increased likelihood of bushfires and values flooding, landslips and erosion identified for the upper Yarra reach and • Increase ecotourism the opportunities to address them. Biodiversity management

• The need to balance managing fire risk with protecting biodiversity and other values

31 Questions for discussion

• What aspect of the Yarra River and its environs would you most like to see protected?

• What aspect of the Yarra River and its environs would you most like to see improved?

• Is there any information or issue we have missed?

32 Protecting the Yarra River (Birrarung) change 4. The case for

33 The case for change

Despite the conscientious work of more than 10 organisations responsible for planning and oversight of the Yarra River, the management of the river and its riverscape is fragmented. In particular, there is no overarching mechanism for a joined-up approach that aligns objectives and integrates decision-making across organisations and along the full length of the river.

4.1 Current legislative, regulatory and management frameworks

The current institutional, regulatory Currently waterway health is managed river that will greatly strengthen the and management arrangements for with a combination of: protection of the Yarra in that stretch. managing the Yarra River and its environs have been shaped by past challenges • planning controls to limit the The 2,450 ha of urban parklands and and policy priorities. The Yarra MAC is urbanisation of land in the nominated green open spaces along the Yarra are investigating the effectiveness of these green wedge areas managed under a multitude of crown arrangements and their ability to enable land management arrangements and • an environmental water entitlement to government, government agencies and committees of management. There is improve the environmental values and councils to address the key issues and no shared vision or strategy to guide health of the river to protect the Yarra River from future investment decisions or planning to maximise the value of this public asset pressures. • one waterway manager (Melbourne Water) for the entire length of the river for the benefit of the community. Table 6 shows the key legislative and and its catchment and an associated regulatory frameworks governing the funding stream (from the Waterways management of the Yarra River and the and Drainage Charge) enabling it to situation with respect to them. Generally, build on consecutive healthy waterway the Yarra MAC considers that the strategies to achieve longer-term legislative and regulatory frameworks goals. are relatively effective for managing the Yarra given the single-purpose approach DELWP is currently working with all the by each entity. There is not, however, an relevant councils to establish planning overarching mechanism for a joined- controls that protect the Yarra River’s up approach that aligns the objectives landscape setting from Richmond and decisions of organisations across to Warrandyte. This work is taking a regulatory and spatial boundaries. consistent (group) approach along the

34 Table 6: The Yarra’s legislative and regulatory framework Protecting the Yarra River (Birrarung)

Element Key legislation and regulatory instruments Situation

Land use planning • The Planning and Environment Act 1987 sets out the framework for • There are 9 councils along the Yarra River and an additional 10 in planning the use, development and protection of land in Victoria. the broader Yarra catchment, each with their planning scheme Under Victoria’s planning system local influenced by both State policy and by local factors. councils and the Victorian Government • The State Planning Policy Framework in the Victoria Planning develop planning schemes to control Provisions provides the overarching policy to guide land use, • There is currently no overarching (integrated) linear / corridor land use and development and to subdivision and development in Victoria and includes a dedicated strategy for the length of the Yarra River to guide the development ensure the protection and conservation Yarra River protection planning policy. and application of consistent, joined-up conditions for land use of land in Victoria in the present and and development along the Yarra River. long-term interests of all Victorians. • The Local Planning Policy Framework provides local policy context These schemes are developed in line for precinct structure planning and land subdivision permits. • 100,000 ha of land in the upper Yarra catchment is a designated with planning policy and strategy water supply catchment and excludes other uses. and contain planning policies, zones, • Some planning scheme provisions and overlays (e.g. flooding overlays and other provisions that overlay) trigger the referral of permit applications to Melbourne • Management of stormwater run-off from properties is only affect how land can be used and Water to ensure any waterway, water quality and drainage required in a very limited set of circumstances in the Yarra developed. issues affecting or affected by the subdivision are satisfactorily catchment and the standards (Best Practice Environmental addressed. Guidelines for Urban Stormwater) need updating.

Waterway management • The Water Act 1989 sets out the water entitlement framework • The Yarra River has passing flow requirements at several locations and mechanisms for managing Victoria’s water resources. It and a 17 GL environmental water entitlement and the catchment is There are a range of measures to provides caps on consumptive uses, sets sustainable diversion capped. protect waterways from the adverse limits, allocated entitlements and requires licences for works on impacts of human use. waterways. It also sets out the framework for managing rivers, • Most of the suburban and inner-city Yarra reaches are highly floodplains and drainage. modified riverscape in a naturalistic setting. Protecting vegetation that is non-native is also important for public appreciation and • The Catchment and Land Protection Act 1994 sets out the enjoyment of the river. integrated catchment management system—the institutions, processes and responsibilities for assessing and managing • Most identifiable point-source pollutants have now been catchments addressed. The biggest source of pollution in the suburban and inner-city Yarra reaches is from urban stormwater run-off. • There are regulations about when it is permitted to clear native vegetation, to ensure biodiversity impacts are factored into • Melbourne Water as the designated waterway manager prepares a decisions about land use changes and development. regional waterway strategy and delivers the implementation plan. As these are catchment-based they cover the full length of the • Diffuse- and point-source pollution (including wastewater Yarra River. management) is controlled with a combination of works approvals and licences, issuing of notices, formal enforcement and collaborative management frameworks to achieve the requirements of the State Environmental Protection Policy (Waters of Victoria) under the Environmental Protection Act 1970.

Crown land • Land (Reserves) Act 1978 enables reservation of land • There are 833 crown land parcels adjacent to the Yarra River for a range of public purposes, stipulates how reserved land must totalling of more than 139,000 ha. As well as DELWP and Parks Victoria’s be dealt with and prescribes some governance arrangements for Crown land management efforts, committees of management appointed to manage reserved land. • There are a multitude of different land management arrangements there are volunteer committees of and committees of management. management, which are appointed by the minister. • There is no requirement for an integrated approach to managing the linear network of parklands or to improving the community benefits provided. 35 Chapter 4: The case for change

4.2 Roles and 4.3 Environmental • provision of amenity services (such as recreation, leisure, tourism, responsibilities advocacy water transport, land transport and potentially amenity) Several organisations—government, For many years, the Yarra Riverkeeper private sector and community—currently Association and Environmental Justice • stewardship of the cultural significance have some level of effect or interest in the Australia have advocated for better of the river for Aboriginal people and planning, monitoring, management and care of the Yarra River. These two the wider Victorian community. condition of the Yarra River corridor and organisations are currently facilitating its catchment. community forums as part of their Despite the conscientious work of these advocacy of an integrated legislative organisations, management of the river Organisations with decision-making and framework to protect the Yarra River. corridor is fragmented. The provision of service delivery responsibilities that affect Other community groups (such as Friends amenity services in particular lacks a the Yarra River and its riverscape include: of Merri Creek) have also actively worked lead agency and suffers from a lack of over many years to restore and protect clear goals, fragmented service provision • DELWP the river, its riverscape and tributaries. and a lack of investment. • EPA Victoria In addition to government entities, there 4.4 Current governance are also multiple community and private • Melbourne Water challenges sector organisations that play a direct or • Metropolitan Planning Authority indirect role in the management of the A strong message from the Yarra Yarra River corridor, or whose activities • Parks Victoria MAC’s initial canvassing of the views of impact on the Yarra River, its environs stakeholders is that a unifying vision and its catchment. • Places Victoria (Docklands) is required for the Yarra River and its corridor, together with an overarching Achieving harmonisation and integration • Port Phillip and Westernport Catchment strategy to better integrate the of efforts across these agencies and Management Authority (CMA) sometimes-disjointed planning for the areas of governance is perhaps the principal challenge. • VicRoads economic, amenity, environmental and cultural values of the Yarra. In addition to the broader governance • 11 councils along the Yarra River: challenge of working across sectors and Banyule, Baw Baw, Boroondara, More than 10 organisations have between organisations, the Yarra MAC’s , Melbourne, Manningham, management responsibilities for the work to date has identified seven issues Maribyrnong, Nillumbik, Stonnington, Yarra River corridor across four broad Yarra and Yarra Ranges areas of governance: arising from the current institutional and regulatory arrangements. They are: • 10 additional councils in the water • controls over land use and catchment area for the Yarra River: development including the first steps • the nature of the with Cardinia, Darebin, , Maroondah, to protect the amenity of the river Aboriginal communities for managing Mitchell, Monash, Moonee Valley, corridor the river is not clearly defined Moreland, Whitehorse and Whittlesea. • provision of environmental health • there is no shared, overarching vision Table 7 shows the roles and protection services or strategy for the Yarra River corridor responsibilities of these organisations.

36 Table 7: Roles and responsibilities for the Yarra River

Who Role(s) and responsibilities

Victorian Government DELWP is responsible for developing and implementing statewide policy for waterway health, flood management and regional drainage. It manages Crown water frontages and other Crown land reserves, flora and fauna and oversees the water allocation framework. It also administers the Parks and Reserves Trust Account.

Other state government agencies involved in regulating and managing the river system are the Department of Health, Department of Treasury and Finance, Essential Services Commission, Victorian Environmental Water Holder and Parks Victoria.

Melbourne Water Melbourne Water is the waterway manager for the Yarra River acting as caretaker of the river’s ecological health. Melbourne Water leads the Corporation development and delivery of the waterway management program for the Yarra River, which includes integrated planning and coordination of water and biodiversity management and an extensive scientific program. It is also responsible for:

• providing bulk stormwater drainage systems and improving the water quality of stormwater in drainage systems for areas larger than 60 ha

• regulating and issuing consents for persons building structures or carrying out work on flood-prone land and for works that would interfere with the hydrological functioning of the river

• protection and maintenance of the water supply catchment area in the upper Yarra catchment

• emergency response and clean-up for pollution events.

Under clause 56 of the Victoria Planning Provisions, Melbourne Water is a determining referral authority for planning permit applications to develop land that is subject to flooding and for drainage of land that is to be subdivided.

Parks Victoria Parks Victoria provides management services over waterways land for the purposes of recreation, leisure, tourism and water transport. It also undertakes on-the-ground land management tasks for most of the Crown land reserved as parks along the Yarra corridor. This includes the national and state parks, Crown reserves and places of historical significance. Parks Victoria supports the activities of many community groups that care for the Yarra and parklands along the corridor (see below).

Parks Victoria is the water transport safety manager for the Yarra, making it responsible for managing and controlling on-water boating activities, dredging and maintaining navigation aids and signs. As a ministerial delegate, it also issues licences for jetties on the river.

Councils along the Councils are the responsible authorities for developing a local planning policy framework to govern planning approvals for the use or development Yarra River in the Yarra of private land and for issuing planning permits. They can take enforcement action in response to a landowner building or conducting catchment unauthorised work on land that requires a planning permit or doing so in breach of permit conditions.

Councils also provide stormwater drainage systems servicing areas of less than 60 ha. The stormwater in their drains discharges either directly into the Yarra River and its tributaries or into Melbourne Water’s stormwater drains.

Councils manage Crown land as committees of management and land they own along the corridor, most of which is open space. They also issue licences for a landowner to use a septic tank system and planning permits for jetties on rivers such as the Yarra.

EPA Victoria The EPA helps protect the health of the Yarra with powers under the Environment Protection Act 1970 to prevent pollution and protect the environment. The EPA licenses discharges to the environment, monitors water quality and enforces state environment protection policies for the protection of surface water and groundwater.

VicRoads VicRoads delivers and manages main road crossings of waterways and floodplains, manages urban stormwater run-off from major roads, and manages and implements emergency response plans for containing spills associated with major roads.

Port Phillip and The CMA develops and monitors a catchment management strategy to protect and improve the Port Phillip and Westernport area’s land and water Westernport CMA resources, focusing mainly on protecting the land resources.

37 Chapter 4: The case for change

• there is no responsibility for developing Aboriginal people. Our existing water is particularly important for addressing and maintaining the amenity values of planning and management processes will catchment-wide issues (such as urban the river have regard to the rights and interests stormwater run-off) and connectivity of Victoria’s Traditional Owners. This issues (such as a continuous trail along • a community driven vision for the will be achieved through Aboriginal the river passing through several local Yarra River corridor is not embedded in participation in water management.’ 10 government areas). statutory planning The Wurundjeri Tribe Compensation Responsibility for • there is no community forum with and Cultural Heritage Council has a status long history of managing and protecting amenity values • there are funding constraints cultural heritage in the Yarra River corridor on behalf of Woiwurrung people. Consideration of the Yarra River’s amenity values is often absent or • inconsistent application of standards Their Our Country, or ‘Narrap’ Team, ill-defined in the responsibilities of and regulations. focuses on the protection, management and enhancement of environmentally and organisations involved in managing the Partnership with culturally significant places, including Yarra River corridor and its links into the health of the Yarra River. However, the catchment. Amenity includes the Aboriginal custodians of it remains unclear how an overarching character of the landscape and the vistas the river Wurundjeri perspective can be hardwired and views from and to the river, as well into ongoing governance of the river as the many benefits that parklands The Victorian Government has expressed and its environments. The particulars and open spaces provide along it. The a renewed commitment to recognising of a partnership model for the Yarra cultural values attached to the river and and managing for Aboriginal values. Its River need to be developed to enable a recreational uses and facilities are also commitment is enshrined in a range of productive, long-term partnership with related to the amenity function. Aboriginal custodians. policy instruments (such as the National Where amenity is considered, there Water Initiative, Aboriginal Partnerships is often an ad hoc and fragmented Action Plan, the Victorian Aboriginal Lack of overarching vision response from relevant agencies as their Affairs Framework and Munganin or strategy responsibilities are either limited in scope Gadhaba ‘Achieve Together’: DELWP or in geographic reach. For example, Aboriginal Inclusion Plan 2016–2020. There isn’t a shared overarching vision local governments who play a lead role Additionally, the Commonwealth Native or strategy for the Yarra River and its in the provision of amenity services in Title Act 1993 and Victorian Traditional 10 Water for Victoria environs that considers the strategic their municipality are only responsible Owner Settlement Act 2010 that formally Discussion Paper importance of the whole river corridor for the part of the river corridor that is (DELWP), 2016, p.87. recognise the rights and interests that and addresses all areas of governance. within their jurisdiction and have only to Victoria’s Traditional Owners continue to None of the organisations whose respond to localised demands and issues. hold in land and water. functions intersect the river corridor The Water for Victoria Discussion Paper or catchment are required to produce states that, ‘Victorian water planning and such a document. A shared vision would management frameworks will recognise facilitate the coordination and alignment the cultural value that water has for of localised efforts in working towards longer-term goals for the corridor. This

38 Protecting the Yarra River (Birrarung)

A community vision is not challenges and opportunities facing the Water until 1998 when Parks Victoria was Yarra River corridor. It would also support created and the Parks Charge revenues embedded in statutory the collective shaping of parklands and were paid into a Trust administered planning open spaces by their local communities, by the Secretary of the Department of in the context of realising the shared Sustainability and Environment (now With no whole-of-corridor strategy vision for the corridor. DELWP). there has been a weak link between the functions and management of Funding In contrast, Melbourne Water still collects the river and the statutory planning the Waters and Drainage Charge and process. Approvals for change in land Except for Melbourne Water, few has made considerable efforts to reform uses and development may only link organisations have an ongoing funding the delivery of waterways and drainage to local policies and strategies where stream specifically for programs or works services in its region and to establish they exist. This has led to the situation associated with the Yarra River corridor. clear service levels linked to the value of of constantly defending the river Most funding is project-based with only the charge. This has enabled Melbourne from inappropriate development and short-term commitments. Parks Victoria Water to implement a program of works considerable community frustration draws funding from the Parks Charge to protect and enhance the health of the and disappointment. The absence of for its operations and investments which Yarra River and other waterways in the a clear vision and consistent planning may include works along the Yarra River Port Phillip and Westernport region. controls has led to the same battle being corridor. There is no funding committed fought repeatedly as new development to deliver whole of river corridor strategic Inconsistent standards proposals are presented. priorities. Another issue to be considered is the There can also be a mismatch between inconsistent standards in the planning, No community forum with responsibilities and funding. This permit applications, construction and status is particularly the case with local ongoing management of the Yarra and governments, which currently provide its environs. There is variance in the There are limited opportunities (both amenity services but have limited access standards that are set along the river and in timing and in scope) for the wider to funds for projects that may be of in their application. community to have a say in an overall strategic importance beyond their local vision or strategy for the Yarra River area. The cumulative impact of vegetation corridor, including where different values removal, landscaping, rock work to the should be prioritised and how they Much of the open space acquisition and river bank and significant mass and interact. While the community is consulted development that occurred in the 1970s visual intrusion of large dwellings have about policies and plans, they tend to be and 80s, including the trails network, already significantly and permanently either narrow in scope or in geography. was delivered by the MMBW and funded altered the landscape character of by the Parks Charge (previously the sections of the river. A recognised community forum does not Metropolitan Improvement Fund) which exist that would help develop objectives was collected by the MMBW at the time. and goals for the entire length of the The Parks Charge has a similar history river and raise issues between strategic to the Waterways and Drainage Charge. planning cycles. Such a forum would It was under the MMBW and Melbourne enable broader debate about the

39 Chapter 4: The case for change

4.5 Future challenges city development. Population growth and evapotranspiration. As such, the generally occurs across the catchment Yarra River corridor will become more in both types of urban development and more important for the health and Population growth and and will put additional pressure on the wellbeing of locals during hot periods. changing demographics city’s green wedges, parks and open Its cooling benefits can be felt in the spaces as well as on the environment in immediate vicinity and downwind of Population growth in the Melbourne peri-urban greenfield areas. Protection green areas. Temperature decreases of region will continue to put pressure on and conservation of the naturalistic even 1–2°C can measurably reduce heat- the health and amenity of the Yarra landscape along the Yarra is required as related morbidity and mortality. River and its corridor. Current population well as consideration of a wider range of forecasts project Melbourne will grow uses, all-abilities access and changing Conclusion from 4.5 million residents today to 7.8 recreation requirements. This will require million by 2051. The Yarra catchment is balancing areas for protection with the Metropolitan Melbourne is undergoing a a highly populated area with over two identification and design of hubs or growth phase comparable in scale and million people (over one-third of Victoria’s attractions as destinations to attract consequence to those triggered by the population) residing there. more-intensive uses. gold rush in the mid- and the long post-World War II population While the water quality of the Yarra Impacts of a changing boom. Both these periods brought and Port Phillip Bay compares well with major challenges but a combination of rivers in other cities internationally, climate visionary planning, highly effective public increased urban development in the institutions (such as the MMBW) and The changing climate also poses a catchment will result in increased significant investment also left the city threat to sustainable management of pollutants in stormwater run-off that with great legacies. These include: will affect ecological health if not the Yarra River. Declining rainfall, higher properly managed. Additionally, the temperatures and longer droughts • a large footprint of urban parklands built environment has less surface are predicted as well as more frequent and a (mostly) connected open space permeability than natural land, leading storms. and trail network to increased stormwater flows into There has been much progress with waterways that exacerbate the effects • protection of the forested upper Yarra environmental flow arrangements in the of flooding, increase river scouring water supply catchment area for high- last decade. However these have aimed and affect river habitat. Improved quality drinking water to protect current environmental values management of stormwater via under the historic climate patterns. As • construction of Melbourne’s sewerage tributaries such as the Yarra River is also we experience the impacts of climate system essential to maintain the amenity and change, current arrangements may not health of Port Phillip Bay. be sufficient to sustain a healthy river and • regulation of pollution by the EPA (the world’s second-oldest EPA) A growing population will increase usage many of its plant and animal species in their current forms. of the river, its parklands and public open • a series of metropolitan plans and spaces. There are two urban forms that The urban Yarra has an important role policies that created green wedges and predominantly accommodate growth in hot weather. Its tree canopy cover, development corridors that valued and in Melbourne: low-density greenfield vegetated surfaces and soil moisture can preserved the naturalistic Yarra River development and higher-density inner- reduce urban heat through both shading corridor.

40 Protecting the Yarra River (Birrarung)

Source Melbourne Water

A similar level of vision is required now them over decades of sustained effort corridor’s potential for more use and as we undergo the third major growth has provided us with the basic footprint enjoyment by the community to provide wave in Melbourne: it is important that of the Yarra corridor and catchment land more opportunities for recreation and we protect this legacy and ensure that use patterns that we see today. appreciation of nature, and to attract the Yarra River and its corridor continue tourists is largely unexplored. to enhance Melbourne’s and the region’s Except for in the City of Melbourne there liveability and economic success. has only been incremental investment The challenge today is to manage the in developing or enhancing the open demands that Melburnians put on the The current challenge in managing the space corridor over the last 30 years. Yarra River. As the population grows, Yarra River corridor is, however, very While setting aside significant areas of there will be pressure for more-intensive different from that of the past. In the land has been largely successful, there development in the catchment and past, big-picture decisions were required has been no overall vision and strategy greater recreational use of the river to reserve and acquire land for open for the long–term development and and its environs. As the city grows, space, control development and make use of the corridor in order to resolve there will be both greater appreciation major investments in public sewerage competing uses, provide for a wider of the need to protect the Yarra and a infrastructure. These were far reaching range of community benefits and develop greater number of potentially damaging initiatives, and a commitment to deliver nodes for more intensive uses. The processes to protect it from.

41 Question for discussion

• Is there any information or issue we have missed?

42 Protecting the Yarra River (Birrarung) 5. A new 5. A new management model

43 A new management model

After examining the current planning and management arrangements for the Yarra, the Yarra MAC concluded that a new management model is needed to protect the river and that this requires work in six key areas.

The Yarra MAC proposes a strategic 5.1 A community vision for planning and service delivery agencies framework comprising: involved in shaping the future of the Yarra the entire length of the River corridor and its catchment. • a community vision that clearly outlines community requirements and Yarra The scope of the community vision would expectations for the entire length of The whole Yarra River corridor faces need to encompass eight key elements of river over the long term challenges that are set to escalate as the river and its environs: • an integrated, overarching strategic Melbourne continues to adapt to rapid • the river and its riparian environment plan for the river that would give effect population growth and climate change. to the community vision At the same time, Melbourne’s growth and • its role in providing recreational the implied investment in infrastructure enjoyment and liveability for the city • improved management arrangements offer the opportunity to build greater to ensure the Yarra Strategic Plan resilience into the natural and cultural • its cultural and heritage significance will be implemented efficiently and systems sustained by the Yarra River, its effectively with clear accountabilities corridor and its catchment. • its role in providing opportunities for for all aspects of management celebration and coming together A strong message from the Yarra MAC’s • legislation to provide statutory backing canvassing of the views of experts • its place as a transport corridor and longevity to the new arrangements and officials is that a unifying vision is • its landscape, amenity and open space and give real confidence that the river required for the Yarra River corridor, characteristics will be protected over the long term together with an overarching strategy to integrate the sometimes disjointed • its role in sustainable agriculture and • a statutory reporting and audit planning for the development, amenity, development function to provide regular reporting to environmental and cultural values of the government and the community about river. Expressed correctly and properly • its connection to Port Phillip Bay. progress delivering the plan established through effective governance The community vision given effect • clear funding and infrastructure arrangements, such a vision will help guide the decisions of the various by the Yarra strategic plan will drive delivery arrangements. decisions, actions and investment for the

44 Protecting the Yarra River (Birrarung)

Yarra River, its corridor and catchment. Table 8 shows five goals the Yarra MAC The Yarra MAC therefore considers it has developed and tested with the Yarra important that the vision be developed Reference Group to provide direction through a detailed community co-design to the governance reforms: a healthy process with opportunities for deep river, a liveable city, a culturally diverse community participation and debate. riverscape, sustainable development and modern governance arrangements.

Table 8: Goals for the Yarra River, its corridor and catchment

Goal Through which we would aim to ...

A healthy river • care for the river, its riverscape and catchment

• promote the health of the river and its riparian ecology

A liveable city • ensure community access to, and travel alongside, the river

• ensure enjoyment of the river for people of all ages and abilities

A culturally • increase cultural and heritage values diverse riverscape • increase opportunities for celebration and coming together

Sustainable • protect iconic and naturalistic river landscapes from inappropriate development development

• connect communities and places along the river with trails and cycling corridors

Modern • provide visionary leadership and a long-term commitment to governance delivering the vision and its goals arrangements • involve the Traditional Owners and the general community in the management and stewardship of the river

Source Melbourne Water

45 Chapter 5: A new management model

5.2 A Yarra strategic plan

Under current management 2. identify issues and challenges for the framed and clearly directed at specified arrangements, decisions about statutory corridor objectives. What is needed is an planning, public land management overarching blueprint that: and waterway management tend to be 3. identify demand for services along the portfolio-based and are undertaken corridor now and in the future • coordinates and aligns the cumulative somewhat independently of each other. developments and investments that 4. prioritise river values along the As well, there has been a lack of planning will occur across regulatory boundaries corridor to protect and enhance the amenity of and over many years, even decades the Yarra River corridor. A vision for the 5. enable community participation • focuses delivery on multiple community Yarra River corridor will help to harmonise and stakeholder engagement at a benefits and policy objectives, beyond planning efforts. However, the Yarra MAC scale commensurate with the river’s the remit of any one organisation also considers it necessary to draw up significance an overarching strategy for the length of • provides a mechanism for balancing the Yarra River to make sure all relevant 6. develop standards and statements competing uses and policy objectives planning and management activities are of outcomes for the corridor and for coordinated, contribute to a shared long- each reach • sets out priorities and principles for term view and address the current gaps balancing competing needs. in planning for amenity. 7. establish broad strategic directions and detailed parameters for To give the Yarra strategic plan status, More detailed plans for each reach would future planning and management the Yarra MAC considers that it would then translate the priorities and outcomes that ensure the protection and be mandated by legislation and would to specific on-the-ground parameters enhancement of the Yarra River and need the approval of the parliament. for land use, development, infrastructure its riverscape. Once agreed and approved, the Yarra provision and environmental health. strategic plan and reach plans would be A Yarra strategic plan would not take incorporated into the statutory planning The Yarra strategic plan could develop the place of other policies and plans framework and provide guidance for a spatial and management vision for made under relevant statutes such local planning provisions, infrastructure each river reach. The scope of this would as the Planning and Environment Act, and investment decisions and work include the waterway and its riverscape, the Environment Protection Act and management plans of waterway parklands and open spaces, interfaces the Water Act. Rather, it could be an manager(s), Parks Victoria and local with adjacent land uses and connectivity overarching strategy to integrate and councils. It would need to be reviewed at with the lower reaches of tributaries and harmonise the many plans, regulations least once every 10–15 years. their associated open spaces. and investment programs of the various agencies and organisations that help Figure 10 shows schematically the More specifically, a Yarra strategic plan manage the corridor. Currently, these possible scope of a Yarra strategic plan. would: plans, regulations and programs— whether they are concerned with 1. outline the community vision for the full development, amenity, environment length of the river (from its source to or culture—are no doubt logically the bay) and each of the four reaches

46 Protecting the Yarra River (Birrarung)

Figure 10: Schematic scope of Yarra strategic plan

Yarra strategic plan Upper Yarra reach plan Introduction (purpose and context) Descriptions of key unique characteristics Vision and values Objectives and principles Rural Yarra reach plan Regulatory framework (e.g. planning, catchment) Descriptions of key unique characteristics Plan of management (broad strategies and targets) Suburban Yarra reach plan Framework plan (specific implementation measures for each Descriptions of key unique reach) characteristics Monitoring and evaluation plan Inner-city Yarra reach plan Descriptions of key unique characteristics Key issues and opportunities Key outcomes (clear and measurable) Principles for management (e.g. vegetation management, public access, infrastructure, land use) Create the structure for future investment and development Implementation plan Monitoring and evaluation plan

47 Chapter 5: A new management model

5.3 A Yarra (Birrarung) Protection Act

Legislation is the means by which the The Yarra MAC anticipates that the Yarra The Yarra MAC considers that the new rights and obligations of individuals and (Birrarung) Protection Act will provide the legislation could: organisations are established. In the framework for the Yarra strategic plan context of managing and protecting the and establish any new entity required for • create the requirement to develop the Yarra River, it is proposed that legislation the new management model. It will also Yarra strategic plan and community would impose duties and obligations on amend as required the legislation under vision, for tabling in Parliament individuals, agencies and councils and which current entities operate to amend • establish a new entity or nominate ensure their actions and accountabilities their powers and functions to conform an existing agency to develop the were aligned with a Yarra strategic plan. with the new model. Importantly, the Act plan with Traditional Owners and should contain a vision statement for the community participation Chapter 4 sets out current management new model and set out objectives and arrangements for the Yarra River. As decision-making principles with which all • outline the contents of the plan and its noted, responsibility for managing and entities with responsibilities under the Act development process, including how protecting the Yarra River rests with a must comply. Traditional Owners and the community large number of entities including DELWP, will be involved Parks Victoria, Melbourne Water, Port It is clear that the current governance Phillip and Westernport CMA, the EPA arrangements do not sufficiently align • identify the relevant agencies and and up to 19 councils. If the roles and and coordinate the efforts of the various require them to participate in the responsibilities of these entities are to entities and suffer from duplication, plan’s development and align their change, legislation will be necessary. fragmentation and inadequate Aboriginal actions to it stewardship and recognition of the Legislation is also necessary to develop community’s passion for the Yarra River. • require all decisions affecting the river and implement the proposed Yarra and its environs to be consistent with strategic plan and to ensure that entities The Act could recognise the importance the plan and its objectives whose powers and functions are affected of (and establish) coordinated waterway, by the plan act in a coordinated way in open space and land use / development • set out decision-making principles and accordance with it. Legislation is further planning. It could do this by establishing processes necessary to provide for any auditing and a new coordinating entity or giving a • provide referral powers as required reporting arrangements proposed for coordinating role to an existing entity. the plan. And, of course, if responsibility Whichever option is chosen, the Act could • extend any regulatory protections and for any of these things is to be given to a ensure that entities with functions that service delivery functions as required new entity, or a new entity is to be given affect the management or protection of a service delivery function or an existing the Yarra act in a coordinated way and in • outline the process for independent entity is to be given a new function, accordance with the Yarra strategic plan. audit and reporting to Parliament. legislation is also necessary to establish This will ensure that long-term planning the entity and confer the function. and governance arrangements have Further, where there is a gap in the bipartisan commitment and longevity. services and regulatory protections The proposed Yarra (Birrarung) provided by a statutory body, an Act Protection Act will therefore be essential could address this deficiency. to implement any new management model for the Yarra River.

48 Protecting the Yarra River (Birrarung)

5.4 Improved institutional arrangements An example of integrative

A Yarra strategic plan and community Regular independent auditing will be legislation: Transport vision will go some way to solving required to assure the government and Integration Act 2010 coordination issues but on their the community that the Yarra strategic own are insufficient. They need to plan is being implemented and the The Transport Integration Act 2010 be accompanied by changes in community vision is being achieved, created a framework for the provision of management arrangements to provide and that all agencies are discharging an integrated and clear accountability for: their responsibilities in a proactive and system in Victoria. integrated way. • developing and reporting on delivery The Act is principles-based and of the community vision and Yarra Through initial consultation with establishes a framework—a vision, strategic plan stakeholders, the Yarra MAC has six objectives and eight decision- identified options for how institutional making principles—for integrated • infrastructure and service delivery for arrangements could be improved with and sustainable transport policy and all aspects of the Yarra strategic plan respect to developing and delivering operations. The Act requires decisions the plan and vision, service delivery • independent auditing of affecting transport systems to support and independent audit. The options are implementation and effectiveness. the objectives and to be made within shown in Table 10. the Act’s integrated decision-making Given the range of stakeholders involved Regardless of the options recommended, framework. and the complexity of management the Yarra MAC will also make sure its activities that need to be coordinated to The vision statement in the Act is recommendations address the key gaps shape the river’s future, an agency needs that, ‘The Parliament recognises the that have been identified in the oversight to be identified or created to develop aspirations of Victorians for an integrated and management arrangements. the Yarra strategic plan and community and sustainable transport system that vision. The lead agency must be able to The planning process and links to related contributes to an inclusive, prosperous exercise influence across the relevant initiatives and projects will also be and environmentally responsible state’. portfolios. It would sponsor any new examined by the Yarra MAC to see if there It defines integrated decision-making budget bids and would (by developing are improvements that could be made as, ‘The principle of integrated decision- the Yarra strategic plan) be responsible that would improve the effectiveness of making means seeking to achieve for refining the management partnership the recommended governance reforms. with Traditional Owners and establishing government policy objectives through community relationships. coordination between all levels of government and government agencies Existing agencies could continue to be and with the private sector.’ responsible for service delivery. However, any gaps in service delivery functions The Transport Integration Act is an that emerge through the planning example of legislation to clarify roles and process will need to be filled, with clear improve consistency across the many accountabilities for these new roles. agencies and portfolios whose work affects transport services.

49 Chapter 5: A new management model

The Yarra MAC considers the issues and principles in Table 9 should be considered when assessing the advantages and disadvantages of each option.

Table 9: Issues and principles for evaluating options

Function Issues and principles

General principles • Complement or build on existing successful governance arrangements, practices and mechanisms

• Enable best use of existing funding for the Yarra River

• Reduce duplication and complexity

• Able to be implemented for other rivers in Melbourne and across the state if required

• Ensure consistency with existing statewide policies and approaches for waterway management

• Clarify—don’t blur—accountabilities

• The overall model should as far as possible be cost-neutral to government

• Aim for the model to be best practice in urban water management and to be a case example

Development of the Yarra strategic plan • The lead entity should have an ongoing relationship with the community and and community vision and reporting on partnership with the Traditional Owners, not just when developing the plan delivery • The lead entity should have ongoing relationships with relevant councils and other service delivery agencies

• The Yarra strategic plan should be developed and implemented in the context of its tributary requirements, whole-of-catchment management and its effects on Port Phillip Bay

Service delivery • Complement and do not disrupt existing service delivery programs

• Where an agency is funded under legislation to provide a service, the agency must provide that service: that is, there must be no cross-subsidisation

• New boundary issues should not be created

Independent audit • Audit requirements should be aligned with other relevant monitoring and reporting functions

50 Protecting the Yarra River (Birrarung)

Table 10: Improved institutional arrangements options

Function Options

1. Develop a Yarra 1.1 A new coordinating committee vision and a Yarra strategic plan 1.2 An existing body 1.3 A new body

1.4 A new body established within an existing agency

2. Service delivery 2.1 An existing service delivery agency

2.2 A new service delivery agency

2.3 The body that produced the Yarra vision and Yarra strategic plan

2.4 A new coordinating body

3. Independent audit 3.1 An existing independent monitoring and audit agency

3.2 A new independent monitoring and audit agency

3.3 The body that produced the Yarra Vision and Yarra strategic plan

5.5 Funding arrangements

A Yarra strategic plan is likely to identify While funding and delivery arrangements gaps in service delivery (such as in the may be in place for the core services provision of infrastructure and facilities within each portfolio area, effective to support the corridor’s amenity values). responses to gaps and potential The plan might also identify opportunities synergies will need to be appropriately for synergistic investments and services resourced through the government’s that span portfolio areas. established business case process. This requires a suitable sponsor agency as well as a process and vehicle to deliver services.

51 Questions for discussion

• What would you like to see included in a vision for the Yarra River?

• What elements would you like to see covered in the Yarra strategic plan?

• What would you like to see included in legislation to protect the Yarra River?

• What do you think are the key criteria for the evaluation of options for management arrangements of the Yarra River and its riverscape (refer section 5.4)?

• What are your thoughts on the options for a new management model for the Yarra River and its environs?

• What are your thoughts about establishing a new organisation to oversee development and monitor delivery of the Yarra strategic plan?

• Are there any other management models /options we should consider? Protecting the Yarra River (Birrarung) Appendices

53 Appendices

Glossary

Biodiversity: The numbers and variety of system to maintain the environmental Stormwater: Runoff from urban areas. plants, animals and other living beings, values of a water system available The net increase in runoff and decrease including micro-organisms, across our in groundwater recharge resulting from land, rivers and oceans. It includes the Environs: The surrounding area or district. the introduction of impervious surfaces diversity of their genetic information, the such as roofs and roads within urban Fishway: Fishways (or fish ladders) are habitats and ecosystems in which they live development and their connections with other life forms. simple structures that allow fish to move past physical barriers in rivers and creek. Traditional Owners: People who, through Catchment: An area of land where runoff Fishways are commonly used in Victoria membership of a descent group or from rainfall goes into one river system. to provide fish passage past man- clan, are responsible for caring for made structures such as weirs, dams, particular Country. A Traditional Owner

Catchment management authorities: floodgates and roads. is authorised to speak for Country and its Government authorities established heritage as a senior Traditional Owner, to manage river health, regional and Floodplain: Land subject to overflow an Elder or, in more recent times, a catchment planning, and waterway, during floods and that is often valuable registered native title claimant. floodplain, salinity and water quality for its ecological assets. management. Wastewater: Water that has had its Gigalitre (GL): One billion (1,000,000,000) quality affected by human influence, Community: Includes individuals, public litres. deriving from industrial, domestic, and private landholders, community agricultural or commercial activities. groups and business owners. Point source: Any single identifiable source of pollution from which pollutants Waterway condition/ Waterway health: Country: Traditional Aboriginal culture are discharged such as a pipe, ditch, or Waterway condition (or waterway health) revolves around relationships to the site. is an umbrella term for the overall state of land and water. For Traditional Owners, key features and processes that underpin Country is a part of who they are, just as Riparian: Land or vegetation that adjoins functioning waterway ecosystems (such they are a part of it. a river, creek, estuary, wetland or lake. as species and communities, habitat, Ecosystem: A dynamic complex of plant, River Corridor: The river and the strips of connectivity, water quality, riparian animal, fungal and microorganism land adjacent to it. vegetation, physical form, and ecosystem communities and the associated non- processes such as nutrient cycling and living environment interacting as an Sewage: Wastewater produced from carbon storage). ecological unit. household and industry. Waterways: Rivers and streams, their Environmental Water Entitlement: A Sewerage: The pipes and plant that associated estuaries and floodplains legally recognised, secure share of the collect, remove, treat and dispose of (including floodplain wetlands) and non- water resources to be taken from a water liquid urban waste riverine wetlands.

54 Protecting the Yarra River (Birrarung)

The Ministerial Advisory Committee

Chris Chesterfield (Chair) is nationally Professor Jane Doolan is a Professorial Kirsten Bauer is a landscape architect recognised for his leadership in waterway Fellow in Natural Resource Governance and director of ASPECT Studios globally and urban water management. He is at the University of , Chair of and leads the practice based in currently a Commissioner of the Victorian the Murray-Darling Freshwater Research Melbourne. She is a current member of Environmental Water Holder and Director Centre, Director of Western Water and the Victorian Design Review Panel and Strategic Engagement at the Cooperative a former National Water Commissioner. other municipal design review panels in Research Centre for Water Sensitive She has extensive experience at senior Victoria and an Adjunct Professor of RMIT Cities (). Chris has 30 leadership levels in sustainable water- University. Kirsten has held the positions years’ experience in technical and senior resource management, providing policy of the Victorian state president, state executive management roles in waterway advice to the Victorian Government executive member and national board management and water resource on urban and rural water supply member for the Australian Institute of management and has played a leading and security, national water reform, Landscape Architects and has led award role in establishing Melbourne as a world water allocation, river and catchment winning and significant public realm leader in water–sensitive urban design. management and water sector projects across Australia. governance. Eamonn Moran PSM QC is a barrister in private practice at the Victorian Bar and a member of the Victorian Law Reform Commission. He was formerly Chief Parliamentary Counsel (Victoria) and Law Draftsman (Hong Kong). He chaired an expert panel that reviewed the Water Act 2007 (Commonwealth) and was a member of a State Water Law Review Advisory Panel in 2012-13. Eamonn has extensive experience in the drafting and interpreting of water and other regulatory legislation.

55 Appendices

The Yarra River Protection Reference Group

A Yarra River Protection Reference Group has been established to help the Yarra MAC and government better understand the key issues, opportunities and reform options for protecting the river. It comprises representatives of the organisations with direct oversight and management responsibilities for the Yarra River and its environs and environmental advocacy groups:

• councils along the Yarra River: Banyule, Baw Baw, Boroondara, Hobsons Bay, Melbourne, Manningham, Maribyrnong, Nillumbik, Stonnington, Yarra and Yarra Ranges

• Environmental Justice Australia

• EPA Victoria

• Melbourne Water

• Parks Victoria

• Port Phillip and Westernport CMA

• Yarra Riverkeeper Association.

56 Protecting the Yarra River (Birrarung)

Yarra Reference Group issues and opportunities workshops Table 11: Synthesis of priorities identified by Reference Group participants The Yarra MAC held two workshops in late February-March seeking input Priority Inner–city Suburban Rural Upper about the most significant issues facing Yarra Yarra Yarra Yarra the Yarra River corridor. Workshop Protecting water quality (including participants were invited from the managing pollution, stormwater and Reference Group organisations. • • • • agricultural run–off) Due to the diversity of the conditions Enhancing biodiversity including along the Yarra River, opportunities managing pest plants and animals, and issues were separately identified re-vegetation, landscape restoration, • • • • for each of the four reaches along its habitat connection length. Strategic vision/integrated approach Recurring themes across all the • • • reaches were the need to: Controlling the effects of urbanisation, development and transport corridors • • • • improve recognition and celebration (other than stormwater) of Aboriginal heritage and culture Building awareness of and protecting • develop a strategic vision and/or culture and heritage • • • • plan for the whole of the Yarra River corridor Enabling recreation and public access • • • • • secure continuous parkland and trail Ensuring sufficient water flow along the corridor • • • • Consistent planning controls protecting • protect water quality and ensure character • • sufficient water flows Protecting and enhancing views • enhance biodiversity along the river • • Facilitating tourism • control the effects of urbanisation • • • and development (e.g. increased Building community education and stormwater run–off and visual appreciation of the river’s values • • impacts). Securing funding • • Managing disturbance and climate change impacts including fire • • 57 Appendices

Yarra River ecological, cultural, social, amenity and economic values

This appendix overviews the key values people, for which it is now the Registered amenity, the corridor attracts residential Indicated provides that the Yarra MAC found the Yarra River, Aboriginal Party. The Wurundjeri Council and commercial development that in significant benefits its corridor and catchment offer. is a conduit for ongoing Aboriginal recent years has raised community under this theme connection and practices including concerns about the loss of amenity and Aboriginal cultural cultural activities and knowledge transfer potential impact of increased stormwater Environmental between generations. discharges on waterway health. heritage and practices Nevertheless, ways of living in Melbourne Social The Wurundjeri Narrap Team focuses and the city’s urban form continue to be on the protection, management and profoundly shaped by the Yarra River and Cultural enhancement of environmentally and there are many significant sites along the culturally significant places on Wurundjeri Economic Yarra corridor including its bridges and The Birrarung (Yarra River) is a site Country including the Yarra River. buildings such as the of significance for Aboriginal people. and Dights Falls. While traditional Aboriginal life was Cultural heritage and permanently altered with European A diverse water-dependent settlement in 1835 and despite urban settlement disconnection from large parts of the ecosystem Yarra River and its surrounds, there has continued to be strong Aboriginal association with the Yarra River corridor. The history of the Yarra River’s role in The site for Melbourne was chosen traditional Aboriginal life, the many because of the Yarra’s water supply. The The Yarra River catchment covers over places of cultural heritage significance river also provided the earliest transport 4,000 km2 and is a diverse ecosystem along its length and its importance today links to the developing city. The Yarra and biodiversity corridor connecting for Aboriginal practices of living that are River was the axis of, and main passage the Yarra Valley with the inner city. It important values to be recognised. for the transport of goods to, the original is home to a range of bird, frog, fish, colonial city of Melbourne. It facilitated macroinvertebrate and platypus The Victorian Aboriginal Heritage Council the city’s growth and prosperity and populations. Its banks and wider has recognised the Wurundjeri Tribe Land provided an area for the city’s residents catchment area have unique native and Compensation Cultural Heritage to develop ways of living and customs vegetation (such as manna gums, Council (Wurundjeri Council) as having a (such as using for transport, river red gums and riparian scrub). long history of managing and protecting recreational boating and festivals). This provides habitat for other native the cultural heritage of most of the Yarra animals (such as echidnas and koalas). The river continues to shape urban River corridor on behalf of Woiwurrung Together, over one-third of Victoria’s development patterns. Due to its high

58 Protecting the Yarra River (Birrarung) native plant and animal species occur in Primary sector production the Yarra River from the Charles Grimes the Yarra River catchment. Many species Bridge to the Eastern Freeway and rely on the Yarra River for feeding and of agricultural and fishery stretches 27 km. The Main Yarra Trail reproduction and it also provides refuge commodities extends from Southbank to Westerfolds during droughts for populations that Park. These trails are important for normally reside in its drying tributaries. commuters and for recreational cyclists. The important environmental functions provided by the Yarra River (such as Figure 7 illustrates the river’s importance as a cycling corridor: the bike trails along regulating water flow and recycling Indicated provides The Yarra River supports primary sector the Yarra River are the most heavily nutrients) provide additional ecosystem significant benefits production of agricultural and fishery used in Melbourne. The Main Yarra Trail / values. under this theme commodities. In particular, the rural Yarra Boulevard at CityLink is the busiest Yarra reach supports a large variety In addition to the great intrinsic value of cycling site in the according Environmental the natural environment offered by the of agriculture including nurseries, cut to the Super Tuesday Bike Count 2015 Yarra River, it also supports the health flowers, cropping, orchards, berry farms, with 1,760 bicycle riders in a two-hour Social and wellbeing of locals and visitors by market gardening, viticulture, grazing period. This was a 9% increase from 2014 enabling active lifestyles, providing cool and dairy farming. The good health of and ranked Melbourne first among 33 Cultural places in hot weather and a range of the Yarra River also ensures that marine participating cities globally. The trails Economic nature experiences. This in turn builds aquaculture industries are viable in Port along the Yarra River corridor are also the resilience of the area’s capacity Phillip Bay. heavily used by joggers and walkers. to respond to pressures like climate extremes. Transport corridor Recreation Melbourne’s drinking water corridor

The Yarra River has historically been

important for transporting people and The Yarra River riverscape offers The Yarra River’s upper reaches goods. The inner-city Yarra reach today naturalistic vistas and diverse have traditionally provided most of is a busy transport corridor, forming recreational activities (including boating, Melbourne’s drinking water. Throughout part of the Port of Melbourne waters and fishing, rowing, canoeing, , all stages of human settlement—from providing access to Victoria Harbour and swimming in some places and nature- Aboriginal camps and early European the Maribyrnong River. based activities) that provide health, settlement to contemporary Melbourne— In addition to river-based transport in wellbeing and social benefits to the the region’s population has relied on the its estuarine waters, the bicycle and community. The of the river are Yarra as a source for water. pedestrian routes along the Yarra River used for recreational cycling, walking and and its tributaries (such as Merri and other activities. The upper Yarra reach Gardiners creeks) are principal cycling flows through national parks that have corridors with high volumes of traffic. For hiking and walking trails and areas for example, the Trail borders camping and picnics.

59 Appendices

The Yarra River corridor is an important Landscape and Influence on the green wedge with a river spine of parkland that encompasses its amenity value environmental health of confluence with tributaries (such as Port Phillip Bay Merri and Darebin creeks). The Yarra Valley parklands are one of the most- visited areas of open space in Melbourne, attracting over 1 million visitors a year. The landscape and amenity value of In a recent survey by Melbourne Water, the Yarra River corridor is the basis Indicated provides The Yarra River (with its extensive community satisfaction for the Yarra for a range of other values (such as significant benefits catchment area) is the largest flow River was 85%.11 its attraction as a meeting place or under this theme input to Port Phillip Bay. Water quality recreation corridor and a driver for in the bay is much-affected by activities Environmental residential development demand). Its A place where communities in the Yarra catchment and by the scenic vistas and unique landscapes amount of rainfall in it. After heavy rain, Social come together provide diverse settings for a wide the urban stormwater run-off washes range of uses and activities. La Trobe Cultural pollutants into the Yarra that then University’s Centre for Water Policy and flow into the bay. Key indicators of bay Management is currently investigating Economic health include sediments, nitrogen and the value of amenity in relation to rivers. The Yarra River and its surrounds provide phosphorus. The Yarra is the largest contributor of sediments (including publicly accessible places for residents A natural venue for events and visitors to meet. It’s important toxicants, pathogens and litter) into the for cities to have public places where and attraction for tourism bay and contributes about half its total people can have planned and unplanned phosphorus. If the health of the bay is to encounters, including with people of be maintained, the level of pollutants in the Yarra—nitrogen and pathogens in different cultures, ages and incomes. The Yarra River offers such public places particular—must be managed. for people to enjoy shared experiences. The Yarra River corridor sees many Public and accessible river and riverside events including rowing regattas, New locations are important for exposure to Year’s Eve fireworks, and the social diversity and social cohesion. Boat Festival. It offers many experiences like outings to the Royal Botanical Gardens or strolls to events at Arena and the MCG. It also provides for nationally recognised 11. Waterways Perceptions tourism opportunities (such as visits to Survey 2014, Melbourne national parks and the vineyards around Water. the upper reaches).

60 Protecting the Yarra River (Birrarung) Maps

61 Maps

LEGEND Yarra River Tributary Water Body Yarra River Reach Boundary Key Open Space - Crown Land Key Open Space - Municipal Other Publicly Accessible Open Space Urban Extent School Main Yarra Trail Freeway / Highway Major Road Local Road Rail Station Rail Line Point of Interest (approximate location) Inner–city Yarra reach Suburban Yarra reach

Rural Yarra reach

Upper Yarra reach © The State of Victoria Department of Environment, Land, Water & Planning 2016 Accessibility

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