Northern and Yorke Natural Resources Management Board NORTHERN AND YORKE REGIONAL NRM PLAN Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY Volume D: Regulatory and Policy Framework Acronyms

CEM Coastal, Estuarine and Marine EPA Environment Protection Authority

CP Conservation Park DLCM Land Condition Monitoring

DEH Department for Environment and NRM Natural Resources Management Heritage N&Y Northern and Yorke DPLG Department for Planning and Local WAA Water Affecting Activity Government WUE Water Use Efficiency DWLBC Department for Water, Land and Biodiversity Conservation

March 2009

This document has been prepared by the Northern and Yorke Natural Resources Management Board and is not State Government policy.

ISBN 978-0-9806143-5-0

Copyright This publication is copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process without prior permission of the Northern and Yorke Natural Resources Management Board. Requests and enquiries concerning reproduction and rights should be directed to the General Manager, Northern and Yorke Natural Resources Management Board, PO Box 175, Crystal Brook, SA 5523 or [email protected]

Disclaimers The Northern and Yorke Natural Resources Management Board and the Government of South Australia, their employees and their servants do not warrant or make any representation regarding the use or results of use of the information contained herein as to its correctness, accuracy, currency or otherwise. The Northern and Yorke Natural Resources Management Board and the Government of South Australia, their employees and their servants expressly disclaim all liability or responsibility to

Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY any person using the information or advice contained herein. 

Foreword

The Northern and Yorke Natural Resources The Plan is a road map to guide the Board, Management Board (the Board) has and all those involved in natural resource responsibility, under the Natural Resources management, in achieving strategic outcomes Management Act 2004 (the “Act”) to develop and lasting improvements in the condition of and maintain a Natural Resources Management our natural resources. It is written to align with (NRM) Plan for the region. The Plan is to guide administrative structures and requirements, but the Board, related State Government agencies its components can be extracted and applied to and other stakeholders in their efforts to meet the needs of any interested parties. maintain and enhance the region’s The Plan will be the basis for securing natural resources. continuing investment in natural resource As a statutory body (under the Act) the Board management and it articulates how that has powers and responsibilities that are investment is intended to be applied to achieve described in this volume of the NRM Plan. the desired outcomes. It was prepared by While this may not be interesting bed time the Northern and Yorke NRM Board with reading for many it is a necessary part of support from State Government agencies describing how the Board will function and carry and the Australian Government. The planning out its responsibilities under the Act. process was extensive and required the input of countless people and organisations. The The Northern and Yorke NRM region has plan is based on existing management plans, bountiful natural resources and much of its developed for specific areas and assets of the economy and lifestyle are built on those assets. region. The important coastal and marine resources, high conservation value reserves, remnant The Board acknowledges those who have native ecosystems and rugged landscapes, and contributed to this Plan in any way and the productive soils and climate of the cropping wishes to extend its appreciation to all those districts are hallmarks of the region. people and groups who have been involved in consultation or providing The Northern and Yorke NRM Plan is a tool for comment. We wish to communities, organisations and individuals. It give special thanks to the describes the priorities for action and describes organisations responsible the strategies and activities needed to achieve for previous plans and the the desired environmental conditions – which valuable information they are set out as targets in the Plan. In the future contain. it will provide useful assistance with decisions on where to invest time and funds, and will I commend this document establish a framework for collaboration to to you and look forward achieve optimal efficiency in the delivery of to your commitment to Mervyn Lewis initiatives. the implementation of the Presiding Member Plan. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY  Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY  Table of Contents

Acronyms...... 2 1. Introduction and Context...... 6

1.1. Introduction...... 6

1.2. Context...... 6 2. Basis for the Levy ...... 7

2.1. Objectives and principles...... 7 3. Development plan matters...... 9

3.1. Objectives and principles...... 9 4. Best practices in land management...... 12

4.1. Objectives and principles...... 12

4.2. Risk from bushfire ...... 13 5. Water affecting activities...... 14

5.1. Management and protection of water resources...... 14

5.2. Objectives and principles...... 14 6. Animal and plant control...... 33

6.1. Management of pest plants and animals...... 33

6.2. Objectives and principles...... 33

Hierarchical guiding principles for the management of pest plants...... 36

Hierarchical guiding principles for the management of pest animals ...... 37 7. Alignment to other mechanisms...... 38

7.1 Objectives and principles...... 38 8. Community consultation...... 39 9. References...... 39 10. Glossary...... 40 Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY  1. Introduction and Context

1.1. Introduction • to undertake an active role with respect to the management of natural resources within The purpose of the Northern and Yorke Natural its region; Resources Management (NRM) Plan is to: • to prepare a Regional NRM Plan in • review the state of the natural resources of accordance with the Act, to implement the the region; plan and to keep the plan under review to • identify the processes which threaten them; ensure the objects of the NRM Act are being • examine the opportunities for more effective achieved; management of those resources; and • to promote public awareness and • establish a framework of broad actions and understanding of the importance of targets to guide regional communities and integrated and sustainable NRM within its Local, State and Australian Government region, agencies. • to undertake or support educational The Plan seeks to instil a landscape activities with respect to NRM, and to provide mechanisms to increase the management approach that functions across capacity of people to implement programs natural resource assets, delivering integrated or to take other steps to improve the programs and solutions. It focuses on delivering management of natural resources; Ecologically Sustainable Development (ESD) • to provide advice with respect to the in the region. The approach is based on inter- assessment of various activities or generational equity and the precautionary proposals referred to the Board under this or principle to ensure a long-term balance any other Act; between use, conservation and development of • to resolve any issues that may arise the region’s natural resources. between any NRM groups that are relevant The Plan outlines to the community, Local, to the management of natural resources State and Australian Governments, and other within its region; stakeholders, a vision for the future of the • at the request of the Minister or the NRM region’s natural resources documents strategies Council, or of its own initiative, to provide and actions to see the vision achieved. It brings advice on any matter relevant to the condition of natural resources within its region, or together a range of existing plans and strategies on the management of those resources, to to provide more effective use of limited resources. conduct any inquiry or audit, or to provide This Regulatory and Policy Framework is one any other advice or report that may be of four volumes that collectively make up the appropriate in the circumstances; and Regional NRM Plan. It describes the policies and • any other functions assigned to the Board regulations that will support the implementation by the Minister or by or under this or any of the Plan. The information presented in this other Act. volume provides guidance for the implementation In order to successfully deliver these functions, of other components of the NRM Plan. the Northern and Yorke NRM Board specifically • Volume A State of the Region Report outlines a Regulatory and Policy Framework • Volume B Strategic Plan relating to: • Volume C Business Plan • Basis for the Levy • Volume D Regulatory and Policy • Development Plan Matters Framework (this document). • Best Practices in Land Management • Water Affecting Activities 1.2. Context • Animal and Plant Control • Alignment to Other Mechanisms The Northern and Yorke Natural Resources Management Board is required under the The following framework is to guide the Section 29(1) of the Natural Resources development of NRM operations policies within Management Act 2004 to undertake the the Northern and Yorke region and should be following functions: read in conjunction with the NRM Act. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY  2. Basis for the Levy

The NRM Act provides for both a Division 1 Section 75(3) a plan must: regional NRM levy to be raised on landowners (i) If the source, or one of the sources, of and a Division 2 NRM water levy to be paid by the Board’s funds is the recovery of water licensees in prescribed water resources an amount or the imposition of a levy areas. (or proposed levy) under Chapter 5 – include an assessment of the expected social impact of the imposition of any 2.1.1. Objectives levy under that Chapter; and 1. The Division 1 levy (land based) provides If the plan proposes an amount to funds for the development of the Regional be recovered by a regional NRM levy NRM Plan, in addition to the implementation under Chapter 5 Part 1 Division 1 – set of aspects of pest animal and plant control out the basis of the levy that will apply and management, land and catchment under section 95(3)(a) and include an management activities. explanation as to why that particular 2. Councils make payments to the Board in basis has been chosen. quarterly instalments (30 September, 31 December, 31 March and 30 June) and 2.1. Objectives and principles recover their costs from ratepayers in a manner consistent with the provisions of A regional NRM Board may specify within Chapter 10 of the Local Government Act its regional NRM Plan a financial sum to be 1999, except where section 95(3) of the contributed by constituent councils towards NRM Act modifies those provisions. the costs of the Board performing its functions under the Act. 3. The Division 2 levy is based on the use of a Prescribed Water Resource. Currently Subsections 80(8-16) of the NRM Act set there is one Prescribed Water Resource in out procedures for a levy to be proposed the Northern and Yorke region. Only people in accordance with Chapter 5 of the NRM licensed to take water may be subjected to Act to recover funds from councils for the the requirement to pay a water-based levy. implementation of the Plan. If the whole or part 4. As a direct means of funding water of the funds required to implement the plan resources work in the region, the Board will are to be raised by a levy, the Minister must determine an amount to be raised from a [s80(8)], within seven days after adopting the water levy and state this in the NRM plan. plan, refer the plan to the Natural Resources The Minister is empowered to determine the Committee (NRC) of Parliament. amount that is payable by holders of water The Minister determines the amount that is licences (taking, holding or importing) and the share each council makes towards the subsections 101(6) to (10) outline the basis operating costs of the NRM Board for the for such determinations. Alternatively, the councils’ region after consulting with each Minister may disregard these factors and fix council. After determining the shares each a minimum amount council in a region will make towards the NRM Board’s costs for a financial year, the Minister 2.1.2. Principles must [s92(6)] seek the approval of the Governor If the source, or one of the sources, of the (effectively both Houses of Parliament). A Board’s funds is the recovery of an amount or notice, specifying the approved amounts for the imposition of a levy (or proposed levy) under each council, must [s92(7)] then be published in Chapter 5 of the Act, the plan must [s75(3)(i)] the Gazette. include an assessment of the expected social impact of the imposition of that levy. The onus is then upon the councils [s95(5)] to determine how much each ratepayer will 1. The social impact of any imposed levy contribute to make up the council’s share of the will be a major factor in its determination. relevant regional Board’s operating costs.

There is a range of options for its basis and NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY  social equity arguments will govern what levy options involved the identification of method is used for its determination. The potential impacts likely to be experienced by first Regional NRM Plans for some regions the stakeholder groups. will be the vehicle for inaugurating levies on The possible adverse impacts to be ratepayers. The impact of this levy will need considered include: to be defended with clarity, comparing it to (a) economic impact the cost of not undertaking the high-priority (b) in-equity of levy payments between tasks described in the plan. landholders 2. Boards must strike a balance between (c) political dissatisfaction essential NRM activity, capacity to undertake tasks and ability to raise enough (d) loss of service and facilities funds. Ratepayers’ acceptance of the NRM (e) negative community perceptions of the levy will be influenced to a large extent by board and NRM how well the NRM plan explains the benefits (f) division and polarisation in the that will accrue from implementation and the community. cost of inaction. 7. Social issues in relation to the above levy 3. Once the quantum of the levy to be raised options include: from councils has been determined, it is the (a) Benefits across the region may not be responsibility of the Minister to determine seen as equitable in the short term. the share to be provided by each constituent (b) A simple levy system has a lower cost council and, after consultation with the for implementation and administration. councils, the basis for the levy will be However, there may be some inequity chosen from the following list: for high need groups unless specific Option 1: a levy based upon capital value of remissions or rebates (i.e. self-funded rateable property. retirees, pensioners) or remissions are Option 2: a fixed levy of the same amount provided by the relevant local council. for each rateable properties. (c) The levy will be better accepted Option 3: a levy consisting of two parts and understood if the outcomes are – a fixed levy plus a fixed amount per well communicated and visible to all council area for NRM levy. members of the community. CPI will be added to these amounts. (d) There is already a high level of involvement in rural areas in current The NRM Act 95 (3) however provides a NRM initiatives, established through further four (4) options on which the levy may existing environment programs such be based. Each of these seven (7) options is as Landcare, Bushcare and programs discrete and cannot be used in combinations for farm management planning. The with each other. The Northern and Yorke NRM establishment of an appropriate range of Board has identified and assessed the above urban initiatives would aid the acceptance three options as relevant for its region. of the levy in predominantly urban areas 4. It is then up to the individual council to such as Port Augusta and Port Pirie. determine how to raise the levy, using the (e) The levy may be seen as an unfair basis nominated by the Regulations. impost by some members of the 5. For the Division 2 levy, the NRM Act provides community, with no reward or penalty a number of options for the basis of payment system. For example, some primary of a levy by water licensees. The Board production and industry users already determines the basis and quantum of the use best practice. water-based levy. (f) The levy is accepted and understood 6. The three selected options are assessed more easily by people already involved for the social impact, through consideration in water catchment management and of impacts on the key stakeholder groups environmental care. in the region, namely the residential, (g) Economic and social impact likely to commercial, sector, industrial and effect young families and individuals agricultural sectors. The assessment and who have little extra time or money to

Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY evaluation of the impacts for the three be involved in these activities.  3. Development plan matters

(f) strategically plan and manage township Section 29 (1) (ea) to undertake an active growth, with coastal areas a priority; and role in ensuring: (g) identify and protect places of heritage and (i) that any Development Plan under the cultural significance. Development Act 1993 that applies within its region promotes the objects 3.1.2. Principles of this Act; and 1. Prevent adverse impacts of land use and (ii) insofar as is reasonably practicable, development on the quality and functioning that those Development Plans and the board’s regional NRM plan form a of water ecosystems, including dryland coherent set of policies. salinity, erosion of river banks, overuse of resources and pollution. Section 75(3) a plan must: 2. Retain natural drainage patterns and design (f) identify any policies reflected in housing, roads and open space around a Development Plan under the watercourses and natural contours, and Development Act 1993 that applies make provision for buffers. within its region that should, in the opinion of the board, be reviewed 3. Where ecologically appropriate, enable under that Act in order to promote the active recharge of water resources with objects of this Act or to improve the treated stormwater. relationship between the policies in 4. Support establishment of coastal zones that: the Development Plan and the policies (a) minimise the impact of development and reflected in the board’s plan; and land uses, including cumulative impacts, on natural processes and systems; 3.1. Objectives and principles (b) limit development in areas of natural coast (pristine areas free from The Northern and Yorke NRM Board has development) to development that recognised the inextricable linkages between requires a coastal location unless NRM Plans and Council Development Plans social and economic benefits can to jointly secure the Ecologically Sustainable be demonstrated that outweigh Development (ESD) of our region. These environmental and amenity impacts; combined strategies are based on Objectives and Principles that are consistent with the (c) prevent disturbance of natural coastal Better Development Plans and Regional Land habitats and native vegetation; and Use Frameworks of DPLG, developed under (d) provide buffers to separate new the Development Act 1993. development from the foreshore and sensitive coastal features, 3.1.1. The Objectives accommodating long-term physical coastal processes (i.e. movement of the (a) recognise and protect the region’s coastline). environmental assets; 5. Developments such as marinas and port (b) ensure sustainable use of water and energy; facilities should be considered as special (c) ensure sustainable management of waste cases that require specific and detailed and stormwater; studies, including environmental impact (d) retain and strengthen the economic potential assessments. of high-quality agricultural land; and suitable 6. Locate and design development to prevent areas for intensive livestock production and further loss, degradation and fragmentation processing; of native vegetation, on public and private (e) foster sustainable alternative energy and land, including within townships. water supply industries; Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY  7. Provide buffers and create linkages between 19. Manage interfaces with residential areas areas of biological significance. and other sensitive uses. 8. Undertake ecological investigations and 20. Prevent loss of productive agricultural land impact assessment specific to areas to other uses and through potential conflict proposed to be rezoned or developed, with incompatible uses by: taking into account cumulative impacts. (a) focusing housing (including rural living) 9. Preserve areas of high landscape and and industrial development within amenity value and areas forming an townships and industrial estates, unless attractive background or entrance to towns directly related to primary industry; and or tourist developments, and along the (b) preventing fragmentation of agricultural coast. land managing interfaces with 10. Prevent or design development to retain residential areas. high-quality landscapes that can be viewed 21. Plan for intensive livestock production from tourist routes, walking trails or the sea, in accord with PIRSA, EPA and including by addressing the location, height, NRM guidelines to meet biosecurity, material and colour of buildings. environmental and public health 11. Incorporate efficient use of water into the requirements. design and planning of residential and 22. Protect, enhance and promote those industrial developments and clusters/ qualities of the region that attract tourists subdivisions, including innovative water and are of value to the community. capture, treatment, storage and re-use 23. Identify land suitable for waste management practices. and resource recovery facilities to optimise 12. Maximise the use of rainwater, treated opportunities for re-use and recycling wastewater and stormwater in industrial, of waste, while maximising economic commercial, residential and recreation efficiencies, and protect this land from developments. encroachment by sensitive land uses (e.g. 13. Plan development to prevent the creation housing). of hazards, including through erosion, site 24. Provide for the incorporation of sustainable contamination, air and noise pollution, energy generation and water supplies disturbing or mobilising acid sulphate soils, into the design of developments and diversion of water courses or impeding the subdivisions (e.g. stormwater re-use, co- flow of flood waters. generation). 14. Manage stormwater to reduce risk of flood 25. Base expansions of towns on substantial and pollution, improve water quality and master planning that: maximise opportunities for reuse. (a) prevents linear development along the 15. Plan for effective wastewater disposal coast and arterial roads; through mains sewer and Community (b) does not encroach upon areas of Wastewater Management Systems. importance to economic development; 16. Protect and conserve places of heritage and (c) in coastal settlements, retains public cultural value. access to the coast, promotes strong 17. Involve Aboriginal people and the State linkages with the coast, and better Government’s Aboriginal Affairs and defines ‘coastal zones’; Reconciliation Division early in the planning (d) protects places of heritage and cultural or development process, to assist in value, minimises adverse environmental identifying and protecting sites of cultural and aesthetic impacts, and prevents significance. exposure of people and property to risk 18. Provide for future expansion of industry of hazards (e.g. flooding, erosion); and clusters and establish appropriate buffers (e) promotes development on existing to protect strategic infrastructure from vacant land and surplus government encroachment by sensitive uses. land prior to providing further broadacre/ greenfield sites Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 10 26. Cluster activities along the coast in 29. Focus housing within townships, including distinctive and compact coastal towns and ‘rural living’ (large residential allotments), strongly discourage linear development. to prevent encroachment on sensitive 27. Development in areas remote from environments, agriculture, mining and infrastructure should be self sufficient in industrial land, exposure to risks (e.g. energy, water supplies and wastewater flooding, bushfire, pollution) and to best management. utilise strategic infrastructure. 28. Discourage significant development along 30. Ensure housing is designed to maximise the western coast (south of Port Hughes) energy and water efficiency, and minimise and foot of the peninsula, and focus adverse impacts on the local environment. future development in this area within the townships of Point Turton, Corny Point and Marion Bay. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 11 4. Best practices in land management

3. Remedial action – When a land degradation Section 122(1) if a relevant authority problem is noticed, there is a need to considers: establish whether the problem is due (a) that an owner of land has been, is, or to management or due to extraneous is likely to be, in breach of the general events. If it is determined that the problem statutory duty on account of land occurred due to management factors, management practices or activities then there needs to be consideration if the undertaken in relation to land for which management was inappropriate and initiate the owner is responsible; and remedial action. (b) that those practices or activities have resulted in, or could reasonably be 4.1.2. Principles expected to result in, unreasonable 1. Consider the issues behind a land degradation of land or an unreasonable risk of degradation of land, degradation problem fully before action is taken against a land owner. The relevant authority may require the owner to prepare an action plan in 2. The NRM Act states that compliance should accordance with the requirements of this only be pursued when a relevant authority Chapter. has taken reasonable steps to attempt to resolve a matter with the land owner, on the Section 122(2) before taking action under basis of the owner taking voluntary action. subsection (1), the relevant authority must consider: 3. Voluntary behavioural change usually results in better, longer-term outcomes for land (a) any relevant provisions of the regional management than forced behaviour change. NRM plan. 4. The NRM Act provides for a relevant authority to require land owners to prepare 4.1. Objectives and principles an action plan if the land owner has undertaken land management practices or The following objectives and principles are activities that have resulted in unreasonable set out to provide clarity to land managers in degradation of the land. regards to the Board’s approach in exercising its powers under Chapter 6 of the NRM Act. This cannot be established from observation alone and will often require information, 4.1.1. Objectives knowledge and advice from a number of people who can help determine what 1. Minimise risk of land degradation – Land is unreasonable degradation and what degradation can be caused by extreme practices and activities have caused land weather events such as very windy degradation. conditions or intense storms. Erosion can 5. There is also a requirement that the relevant occur even when land owners employ best authority takes reasonable steps to resolve management practices. Land degradation the matter with the land owner on the basis can never be regarded as eliminated or of the land owner taking voluntary action. controlled – at best, land owners can Adopting the approach outlined above minimise the risk of degradation through the will clearly demonstrate this and could use of appropriate practices. well tackle the problem effectively without 2. Determine causes of degradation – While resorting to invoking the Act. land degradation such as wind and If a land owner can demonstrate that water erosion can often be easily seen, the land management practices used the reasons why it occurred cannot be are consistent with the relevant industry determined from observation alone. standards no action can be taken against the land owner in connection with the operation of this section. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 12 4.2 Risk from bushfire The South Australia Government has developed the Code of Practice for the The Northern and Yorke Natural Resources Management of Native Vegetation to Reduce Management Board is committed to reducing the Impact of Bushfire (the ‘Code’) to support the impact of bushfires on the community and land managers. The Code utilises the concept the environment. of fire management zones to distinguish The relationship between fire and healthy native between those areas where the core objective vegetation is complex. Fire occurs naturally in is protection of built assets, and those areas the Australian environment and may be used as where fire management is directed towards a management tool in maintaining vegetation biodiversity conservation. The code identifies health and diversity. All vegetation, including three distinct zones including the Asset non-native species, is to a greater or lesser Protection Zone, the Bushfire Buffer Zone and degree flammable and in conjunction with the Conservation-Land Management Zone. leaf litter and bark, provides the fuel for fire. The objectives for the fire management zones Selectively modifying the vegetation in an area concept include the following: to reduce fuel loads is one of a range of actions • to ensure that appropriate management that will assist in minimising the impact of a actions are implemented to meet the bushfire on built assets. Fuel reduction may be requirements for asset protection and native achieved by various means including burning, vegetation management mechanical removal, slashing and grazing. • to clarify, for landholders, the areas where An inquiry on Bushfire Mitigation and different fuel management activities should Management by the Council of Australian be undertaken Governments recommended that a structured • to ensure a standard approach to the risk management process provided the best application of fuel management activities framework for making strategic and operational in native vegetation in South Australia decisions about bushfire mitigation and to prevent/minimise impacts on native management. The inquiry identified three vegetation including listed threatened flora main elements in relation to bushfire risk and ecological communities under the management which included: EPBC Act, and

• planning processes that ensure built assets • to assist in the development of bushfire are not placed in areas of high bushfire prevention plans and programs risk and that elsewhere, built assets are The Code and the various supporting constructed in accordance with Australian documents are available from the website: standards that reduce the vulnerability of www.nvc.sa.gov.au. those assets to bushfire attack The Department for Environment and Heritage • reducing the frequency of ignitions that is developing detailed guidelines on burning result from arson and carelessness, and for ecological purposes which should be • managing the landscape so as to minimise available later in 2009. Further information the risk of damage to life, property and on hazard reduction is available from the environmental assets (including understorey Code and Attachment 2 of the Code titled Fire species and fauna). Management Zoning and by contacting your local office of the South Australian Country Fire Service.

In addition to the development of the Code, legislative and regulatory reforms are currently being considered in order to bring greater inter- agency expertise to the fire planning process and to devolve authority for the necessary approvals to the regional level. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 13 5. Water Affecting Activities

Section 75(3) (k) set out the matters that Permit Criteria – Matters the Board will consider when exercising that will be considered its power to grant or refuse permits under All permit applications for Water Affecting Chapter 7 Part 2. Activities will be assessed against the general objectives and principles that follow. Detailed 5.1. Management and assessment criteria are defined for each of the protection of water resources specific Water Affecting Activities. A permit is required to undertake any of the Activities not requiring a permit Water Affecting Activities listed in Section 5 Pursuant to Section 129 of the NRM Act a of this plan and shown in Table 1, either in permit is not required to undertake an activity the non-prescribed areas, or in relation to that is required or authorised under certain other prescribed water resources where no water legislation, including the Development Act 1993. allocation plan exists. Pursuant to Section 127(7) of the NRM Act, the The objectives and principles in this section do Minister or a natural resources management not apply to a prescribed water resource to the board that proposes to undertake an activity extent that the relevant water allocation plan does not require a permit for the activity if they sets out the matters that the Board will consider are the relevant authority for the purposes of when exercising its powers to grant or refuse granting permits for that kind of activity. permits under Chapter 7 Part 2 of the Natural Resources Management Act 2004. Additionally, a permit is not required for the activities identified as exempt activities in this Permits are granted by the relevant authority. Section and in Table 1. For the purposes of this plan the relevant authority is: 5.2. Objectives and principles (a) in the case of an activity referred to in Sections 127(3)(a), (b), or (c), or 5.2.1. Objectives Sections 127(5)(i) of the Act – the Minister; 1. To ensure water resources are developed and and utilised in a sustainable manner to (b) in the case of an activity referred to in maximise productive use, while providing for Section 127(3)(d) or Sections127(5)(a), the needs of natural ecosystems. (b), (c), (d), (f), (g), and (h) of the Act – the 2. To prevent activities that could lead to Board. deterioration in the quality or pollution of In particular, the plan seeks to protect non- surface or underground water. prescribed priority areas defined as: 3. To protect surface and underground water • Priority groundwater basins – Carribie, resources from depletion. Willochra, Walloway and Para-Wurlie. 4. To protect watercourses and lakes, and Priority groundwater areas – Balaklava, floodplain geomorphic characteristics. Bundaleer, Booborowie and Upper Rocky 5. To ensure the long-term integrity of River (Map 1). ecological functions and dependent • Priority surfacewater catchments – Willochra, biodiversity ensured. Wakefield and Broughton catchments, the 6. To protect natural flow regimes and surface eight identified catchements of the Mambray water – groundwater interactions. coast, excluding the Baroota catchment, and the catchment of the Light River, excluding the subcatchments of the Mid and Lower Light River (Map 2). • Priority Watercourses as delineated in Map 3. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 14 5.2.2. Principles account for the geomorphic characteristics of a watercourse or lake. 1. Activities shall not compromise the utilisation, conservation or quality of water 6. Activities shall not contribute to dryland resources or the capacity for natural salinity. systems to restore or maintain water quality. 7. Activities shall not compromise the integrity 2. Activities shall not take place where they are of authorised scientific data collection likely to adversely impact on the migration of on monitoring facilities related to the biota. assessment and management of water resources. 3. Activities shall be designed to retain natural creek and watercourse systems including 8. Activities shall not: associated riparian vegetation to prevent (a) be located in ecologically sensitive scour and erosion. areas; 4. The design, construction and management (b) cause or exacerbate unnatural water of structures and activities shall not result in logging or increased groundwater- watercourse erosion. induced salinity; 5. Activities shall be designed and located to (c) cause deterioration in surface water, watercourse or groundwater quality;

WAA permit decision-making process � Is the activity a WAA � A permit

No

(refer to Sec. 127) is not required � t

M Ac M Yes

NR �

Is the WAA an activity � for which a permit is not � Yes A permit required? (refer to Sec. 127 is not required

(&) Sec. 129) �

No �

Is the activity identified in � the Regional NRM Plan as � A permit No being an activity for which is not required

a permit is required? s �

Yes Assess WAA against

� NRM Plan Permit Policies

Refuse Accept

M Plan Permit Policie

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Issue reasons for Issue permit refusal of permit (with or without application conditions) Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 15 (d) detrimentally affect water-dependent (a) at least 200 metres from the nearest ecosystems or environmental water existing well that has supplied water for requirements for underground water, irrigation, stock, domestic or commercial watercourses, wetlands or floodplains; use in the last 10 years; or 100 metres (e) detrimentally affect ecological diversity from the nearest existing well that has and habitats; supplied water for irrigation, stock, domestic or in the last 10 years if the (f) excessively alter the frequency, duration proponent’s property is too small to or magnitude of important flow bands; or enable a minimum distance of 200 (g) alter the direction, magnitude or metres between wells and the well is seasonality of surface and groundwater purely for domestic use; and interactions. (b) at least 500 metres from a pipeline 5.2.3. Management of Wells supplying reticulated water under the Waterworks Act 1932 if the land between A permit is required for the drilling, the proposed well and the pipeline plugging, backfilling or sealing of a well is owned by the proponent or the and the repairing, replacing or altering the proponent has legal access to this land. casing, lining or screen of a well, pursuant to Section 127(3)(a) and (b) of the Act 5. The siting of stock (non-intensive) or domestic wells must have no detrimental Objectives effect on any other operational well, permanent or semi-permanent pool, lake, 1. To ensure the drilling, plugging, backfilling wetland, spring, or permanent or semi- or sealing of a well occurs in a manner that permanent flowing stream. will protect the quality of underground water resources. 6. The equipment, materials and methods used in drilling, plugging, backfilling or 2. To minimise the impact of repair, sealing of a well, or the replacement or replacement or alteration of the casing lining alteration of the casing, lining or screen of a or screen of wells on the underground water well, shall not adversely affect the quality of resources. an underground water resource. 3. To protect the underground water resources 7. Aquifers shall be protected during drilling, from pollution, deterioration and depletion. plugging, backfilling or sealing of a well, or 4. To ensure the integrity of headworks are the replacement or alteration of the casing, maintained. lining or screen of a well, to prevent adverse 5. To ensure that wells are constructed to impacts upon the integrity of the aquifer. minimise the mixing of multiple aquifers. 8. A well must not be drilled within 300 metres of a well (‘the existing well’) into which Principles water is drained or discharged pursuant to a 1. Principles 2-4 in this sub-section apply permit granted under Section 127(c) of the only to the priority groundwater basins and Act for the purpose of acquifer storage and priority groundwater areas shown on Map 1. recharge, unless: 2. Permits for new wells other than for the (a) the aquifer into which the proposed well purposes of principle 3 will not be granted will be drilled is not directly hydraulically unless it can be shown that the purpose connected with the existing well; or of the well is for stock (non-intensive) or (b) the proposed well is part of an ASR domestic extraction. scheme that includes the existing well. 3. Where an existing operational well needs 9. For the purposes of principle 8, “ASR to be replaced, this must occur within 50 scheme” means a scheme for the drainage metres of the original site of the well that or discharge of water (‘recharged water’) existed at the date of adoption of this plan. to an aquifer by one or more persons using 4. Drilling of a well for domestic use and/or for one or more wells and the recovery of the watering stock other than intensively farmed recharged water (or other water in lieu of the stock shall only occur if the location of that recharged water) from the acquifer by the well is: same or other persons using the same or

Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY other wells. 16 10. Where a well passes or will pass through 5.2.4. Draining or discharging two or more aquifers, an impervious seal into wells shall be made and maintained between the A permit is required for the draining or aquifers to prevent leakage between the discharging of water directly or indirectly aquifers. into a well pursuant to Section 127(3)(c) 11. The headworks for the draining or discharge of the Act. Additional authorisations may of water shall be constructed so that be required under the Environmental the extraction and draining or discharge Protection Act 1993. operations can be metered without interference. Objectives 12. The headworks for the drainage or 1. The sustainable operation and management discharge of water shall be constructed of aquifer storage and recovery schemes. so that the water cannot leak if the well 2. Reasonable and practicable measures becomes clogged. taken to avoid the discharge of waste to 13. For the purposes of this plan, the term the receiving underground water resource ‘headworks’ means any assembly on top of during the draining or discharge of water a well and located between the well casing into a well. and the water delivery system. 3. Drainage or discharge into a well so as not 14. Wells constructed for the drainage or to cause environmental harm. discharge of water at pressures greater 4. Drainage or discharge of water directly than gravity shall be cemented along the full or indirectly into the aquifer so as not to length of the casing. adversely affect: 15. Wells that are no longer operational or new a. the quality of groundwater; wells that are not proposed to be operational b. the integrity of the aquifer, including but shall be back filled in an appropriate not limited to the confining layer of the manner. aquifer and the ability of the aquifer to transmit water; c. watertables, including but not limited to water logging, land salinisation and damage to infrastructure (roads, buildings, foundations); d. any underground water-dependent ecosystem or ecologically sensitive area that depends on the underground water resource; and e. the ability of other persons to lawfully take that underground water.

Principles 1. A permit is required for the draining or discharging of water directly or indirectly into a well, pursuant to Section 127(3)(c) of the Act. Additional authorisations may be required under the Environmental Protection Act 1993. 2. Water that is drained or discharged into a well must comply with the Environmental Protection Act 1993 and any associated policy. 3. A permit to drain or discharge water into a well will not be issued unless a risk assessment is undertaken to the satisfaction Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 17 of the Minister. This risk assessment must 3(a), (c) and (d), provided that the system be consistent with the National Water is equipped with a mechanism to divert first Quality Management Strategy – Australian flush water. Guidelines for Water Recycling: Managing 7. Further to principle 3(b), continuation of Health & Environmental Risks, Phase 1 draining and discharge is dependent on an 2006 and other related documents current annual report that addresses the impacts to at the time, and include: the native underground water at the draining a) an investigation into the suitability of the or discharge site. Roof run-off (surface draining or discharging site, including water) captured in a closed system and then but not limited to tests for transmissivity, drained or discharged into a well is exempt maximum injection pressures and from this principle. calculated likely impacts on the integrity 8. For the purposes of principles 2 and 3, of the well and confining layers, and the relevant concentrations, levels or impacts of potentiometric head changes amounts shall be measured in sufficient to other underground water users. representative samples of: b) an appropriate operation or (a) the water to be drained or discharged; management plan demonstrating that and operational procedures and monitoring (b) native underground water collected regime are in place to protect the from the proposed point of injection, integrity of the aquifer, minimise the or as near as possible to the proposed wastage of water and protect the point of injection; discharge site on an ongoing basis. where “sufficient representative c) a water quality assessment which samples” means suitable samples, identifies hazards in the source water. collected with equipment appropriate for d) a report on the consequences and the substance, material or characteristic impacts to the native underground to be measured and taken at suitable water resource where the water quality locations and times to accurately characteristics (salinity and chemistry represent the quality of the relevant composition) of the water to be water. discharge differs to that of the native 9. For the purposes of this plan, the term underground water. “native underground water” means water 4. The water quality assessment required in occurring naturally below ground level that 3(c) above will include assessments of (but exists in the relevant aquifer absent of any not limited to): such water drained or discharged to that • pH, total dissolved solvents, turbidity, aquifer by artificial means. ammonia, nitrate, nitrite, total 10. The draining or discharging of water phosphorus, sodium, chloride, sulphate, directly or indirectly into a well must calcium, magnesium, bicarbonate, not detrimentally affect the ability of iron, total arsenic, total boron, total other persons to lawfully take from that cadmium, total chromium, total lead, underground water, or degrade ecosystems total manganese, total zinc; and dependent on the underground water. • pesticides, volatile organic compounds and petroleum hydrocarbons; and • trihalomethanes where the water to be drained or discharged has been treated by chlorination. 5 Water that is drained or discharged into a well only by means of gravity is exempt from meeting the requirements of principle 3(a). 6. Roof runoff (surface water) that is drained or discharged into a well via a closed system of capture and transport is exempt from meeting the requirements of principles Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 18 5.2.5. Management of Dams ‘Off-stream’ dams provide greater flexibility, as the mechanism used to extract water from a A permit is required, pursuant to Section watercourse can be varied to allow capture of 127(3)(d) of the Act, for the erection, water at different times or flow rates. construction, modification, enlargement or removal of a dam, wall or other structure that will collect or divert for any purpose: Objectives (i) water flowing in a prescribed 1. To maintain and improve the quality, quantity watercourse; or and natural flow regime of water flowing (ii) surface water flowing over land in a through the catchments of the region. surface water prescribed area, (except 2. To ensure that dams, walls or other for roof runoff exempted by the Notice structures that collect or divert water flowing of Authorisation to Take Water dated in a watercourse or surface water are 9 March 2006), or in the Mount Lofty constructed, modified and located so that: Ranges Watershed (a) the needs of downstream users; A permit is required, persuant to Section (b) water quality and quantity; and 127(5)(a) for the erection, construction, (c) ecosystems dependent on these modification, enlargement or removal of a dam, wall or other structure that will resources are protected. collect or divert, or collects or diverts, water flowing in a watercourse that is not Principles in the Mount Lofty Ranges Watershed and 1. Principles 2 – 8 in this sub-section apply only that is not prescribed or flowing over any to the management of dams in the priority other land that is not in a surface water surface water areas shown on Map 2. prescribed area or in the Mount Lofty 2. Subject to principle 4 a permit shall not Ranges Watershed. be granted to erect, construct, modify or enlarge a dam where the total volume Desired Outcome captured will exceed 25% of the median Dams have traditionally been constructed adjusted annual flow in the relevant across watercourses and drainage paths catchment as determined by: (a) gauging to capture water for a variety of purposes, stations; or (b) an assessment using a including the provision of stock and domestic model approved by the Board. water supply, and water for irrigation. 3. Subject to principle 4, a permit to erect, There is a need to protect flow patterns and the construct, modify or enlarge a dam shall not associated water-dependent ecosystems from be granted where the total volume of water the impacts of over extraction. captured on the allotment on which the dam is proposed to be erected, constructed, An on-stream dam typically inhibits all flow until modified or enlarged would exceed a the dam is filled, and once filled water spills figure calculated by 25% of the median over and flows further downstream. On-stream adjusted annual flow calculated for the total dams exist throughout the region and have catchment divided by the total catchment been shown to reduce the rate, volume, flow area (ML/ha), multiplied by the allotment duration and total yield of stream flow. They area (ha). can also lengthen the period of non-flow within 4. A permit for the construction of a new dam the watercourse. Although on-stream dams or enlargement of an existing dam may be may provide a more reliable water supply for granted where there has been an equivalent the user, the structure inhibits water flows prior reduction in dam capacity and a that are required to sustain water-dependent significant environmental benefit can be ecosystems and reduces the opportunity for demonstrated, e.g. rationalisation of existing downstream landholders to access water. dams or significant evaporation reduction. There is little flexibility in the management of ‘on-stream’ dams as they capture all flow 5. Watercourse water may only be diverted until full, and subject this water to immediate to or collected in a dam where the area of evaporation. the catchment that contributes runoff to the watercourse is less than 300 hectares. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 19 6. Dams for stock or domestic purposes may 11. A dam, wall or other structure (including only be constructed if there is insufficient or spillways) shall be sited and constructed to: inadequate water available on the property, (a) minimise the loss of soil from the site such that: and watercourse through soil erosion; (a) there is no capacity to connect to SA and Water supply; and (b) minimise the removal or destruction (b) the flow rate of water from wells is less of in-stream or riparian vegetation than 0.1 litre/sec; or caused by but not limited to erosion and (c) the salinity of the water from the wells siltation. is greater than: 1,500 mg/L for general 12. The design, construction and maintenance domestic purposes; 1,000 mg/L if the of a dam should not result in watercourse water is used for drinking purposes; or erosion. 3,000 mg/L for stock purposes. 13. A permit is not required for contour banks 7. Despite principles 2-3, a permit may be which collect or divert water, provided that: granted to erect or construct a dam, wall or (a) the activity is undertaken in accordance other structure for the purpose of erosion with Best Operating Practices that have control or flood mitigation, provided that the been endorsed by the Board; and dam is fitted with a controlled flow release (b) before undertaking the activity, the device. person proposing to undertake the 8. For the purposes of principle 7, a controlled activity has obtained a certificate from flow release device shall consist of a pipe the Board certifying that, in the Board’s with a minimum diameter of 50 millimetres opinion, the person complies with Best and of sufficient size to completely drain the Operating Practices that have been dam in no more than 48 hours after filling. endorsed by the Board in relation to the The pipe shall be sited so as to drain the activity. entire contents of the dam. 14. For the purposes of principle 13(b), a 9. A dam, wall or other structure must not: certificate issued by the Board is valid for (a) be constructed in areas prone to 12 months from the date of issue or for such erosion; shorter period of time as specified by the Board. (b) cause increased salinity due to leakage; 15. A certificate issued by the Board in (c) contribute to dryland salinity or accordance with principle 13 may be intrusions of saline groundwater into cancelled by the Board where, in the watercourses; Board’s opinion, the person to whom the (d) be located in ecologically sensitive certificate was issued no longer complies areas; with Best Operating Practices that have (e) adversely affect the migration of aquatic been endorsed by the Board in relation to biota; the activity, or in any other circumstances as (f) be constructed of material that cannot the Board thinks fit. maintain the structural integrity of the 16. The Board may refuse to issue a certificate bank; and in accordance with principle 13(b) to a (g) be located in an area where the material person who, in the Board’s opinion, has on the floor of the dam is permeable, contravened or failed to comply with unless the dam is lined with a suitable Best Operation Practices that have been material. endorsed by the Board or in any other circumstances as the Board thinks fit. 10. A dam, wall or other structure must not adversely affect downstream users, including water-dependent ecosystems, by causing reduced stream flow duration, lengthened periods of no or low flow, or other such impacts. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 20 5.2.6. Management of (c) alter the hydrology of a stream in such Infrastructure a way as to adversely impact on the ecology of the watercourse. A permit is required for the erection, 7. The construction or placement of a construction or placement of any building building or structure on the floodplain of a or structure in a watercourse or lake or on watercourse or near the bank or shore of a the floodplain of a watercourse pursuant to lake to control flooding from the watercourse Section 127 (5)(b) of the Act. or lake must not increase the risk of flooding Objectives (including upstream or downstream). 8. A permit is not required under this sub- 1. To minimise the potential for erosion and section where: the restriction of surface water flows arising from construction of transport and drainage (a) the building or structure will be erected, infrastructure. constructed or placed no less than 40 metres from the banks of a 2. Buildings or structures erected, constructed watercourse and the building or and managed to protect the ecology of a structure does not take water or is not watercourse, lake or the floodplain of a associated with the taking of water; or watercourse. (b) the Board has provided financial or any Principles other form of assistance in relation to the erection, construction or placement 1. The erection, construction or placement of of the building or structure pursuant to any building or structure in a watercourse or section 42 of the Act; or; lake or on the floodplain of a watercourse shall be designed to minimise the risk of (c) the building or structure will be erected, erosion resulting from the construction and constructed or placed in a watercourse location of the structure, and shall maintain or the floodplain of a watercourse not natural drainage lines. delineated as a priority watercourse on Map 3. 2. The erection, construction or placement of any building or structure in a watercourse or 9. A permit is not required to erect, construct or lake or on the floodplains of a watercourse place a culvert, bridge or any other work in must not adversely affect the provision of connection with a road in a watercourse or environmental water requirements of those lake or on the floodplain of a watercourse, areas, including exacerbation of salinity. provided that: 3. Buildings or structures that impede the (a) the activity is undertaken in accordance flow of water, including but not limited to with Best Operating Practices that have weirs, must be designed to provide a low been endorsed by the Board; and flow bypass mechanism, excluding those (b) before undertaking the activity, the structures for the specific purpose of person proposing to undertake the measuring stream flow. activity has obtained a certificate from 4. Buildings and structures shall be maintained the Board certifying that, in the Board’s in an appropriate condition to perform their opinion, the person complies with Best intended function. Operating Practices that have been endorsed by the Board in relation to the 5. Provision should be made to retain open activity. spaces along watercourses. Therefore, a one-in-100-year flood level shall be taken 10. For the purposes of principle 9(b), into account when assessing for permits a certificate issued by the Board is valid for under this Section of the plan. 12 months from the date of issue or for such shorter period of time as specified by the 6. The design, construction and location of a Board. building or structure must not: 11. A certificate issued by the Board in (a) result in watercourse, lake or floodplain accordance with principle 9 may be erosion; cancelled by the Board where, in the (b) adversely affect the migration of aquatic Board’s opinion, the person to whom the biota; or certificate was issued no longer complies Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 21 with Best Operating Practices that have 2. Water may only be drained or discharged been endorsed by the Board in relation to into a watercourse or lake where protective the activity, or in any other circumstances as measures have been provided to minimise the Board thinks fit. erosion or degradation in the quality of the 12. The Board may refuse to issue a certificate receiving water. in accordance with principle 9(b) to a 3. For the purpose of principle 2, protective person who, in the Board’s opinion, has measures include, but are not limited to the contravened or failed to comply with following: Best Operation Practices that have been (a) detention basins to regulate the rate, endorsed by the Board or in any other volume and quality of water discharged; circumstances as the Board thinks fit. (b) reuse of drainage or discharge water 5.2.7. Management of Discharge under conditions that would not present a risk to public or environmental health; A permit is required for the draining or (c) litter traps; discharging of water directly or indirectly (d) treating the water to be drained or into a watercourse or lake, pursuant to discharged into the watercourse or Section 127(5)(c) of the Act. lake; Objectives (e) draining or discharging water into a watercourse at times of naturally high 1. To manage the draining or discharging of flow. water so that: 4. Any structures or measures to minimise (a) any contaminants in the water that is erosion or degradation in the quality of the drained or discharged are contained receiving water for the purposes of principle and managed on site to minimise 3 must be managed to ensure they continue the conveyance of contaminants into to function according to their design. watercourses, lakes, or underground 5. Detention basins shall be designed and water resources; constructed to allow sediments to settle (b) the quality of water drained or before water in the basin is drained or discharged into a watercourse or lake is discharged into a watercourse of lake. of a quality similar to or better than that 6. Draining or discharge of water into a of the receiving waters; and watercourse or lake shall not adversely (c) stormwater collected and conveyed affect the migration of aquatic biota. from a catchment to its receiving waters 7. Watercourses shall be retained in their with minimal adverse impact on the natural state to promote natural filtering and watercourse and ecosystems. pollutant-removal processes. 2. To ensure that water that is drained or 8. Impacts of stormwater pollutants shall be discharged is of a suitable quality to: minimised by planting indigenous plant (a) sustain the existing uses of the water; species along watercourses and replacing and exotic plants that contribute to stormwater (b) protect ecosystems dependent on these pollution with indigenous species. resources. 9. A permit is not required under this sub- section where: Principles (a) the Board has provided financial or any 1. The draining and discharge of water into a other form of assistance in relation to watercourse must not: the draining or discharging of water (a) adversely affect the natural character of directly or indirectly in to a watercourse the watercourse; or or lake pursuant to section 42 of the (b) increase the risk of flooding Act; downstream of the point where water is (b) the draining or discharging of water is drained or discharged. into a watercourse not delineated as a priority watercourse on Map 3; or Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 22 (c) involves draining or discharging water of 5.2.8. Management of better quality than the receiving waters Obstructions and the volume of the water drained or discharged does not exceed a volume A permit is required for depositing or of 0.5 ML. placing an object or solid material in a watercourse or lake, pursuant to Section 10. A permit is not required for the draining or 127(5)(d) of the Act. discharging of water directly or indirectly into a watercourse or lake, provided that: A permit is required for depositing or placing an object or solid material on the (a) the activity is undertaken in accordance floodplain of a watercourse or near the bank with Best Operating Practices that have or shore of a lake to control flooding from been endorsed by the Board; and the watercourse or lake, pursuant to Section (b) before undertaking the activity, the 127(5)(f) of the Act. person proposing to undertake the activity has obtained a certificate from Objective the Board certifying that, in the Board’s 1. To ensure watercourses and lakes are opinion, the person complies with Best protected against: Operating Practices that have been (a) degradation and pollution; endorsed by the Board in relation to the activity. (b) erosion; and 11. For the purposes of principle 10(b), a (c) habitat degredation and loss. certificate issued by the Board is valid for 2. To ensure watercourses or lakes free of 12 months from the date of issue or for such obstructions that may: shorter period of time as specified by the (a) impede natural stream flow; or Board. (b) cause unnecessary flooding. 12. A certificate issued by the Board in 3. Watercourses may be obstructed as a last accordance with principle 10 may be resort to achieve a significant environmental cancelled by the Board where, in the benefit. Board’s opinion, the person to whom the certificate was issued no longer complies Principles with Best Operating Practices that have been endorsed by the Board in relation to 1. A permit may only be granted to deposit the activity, or in any other circumstances as or place an object or solid material in a the Board thinks fit. watercourse or lake where the activity involves: 13. The Board may refuse to issue a certificate in accordance with principle 10(b) to a (a) the construction of an erosion control person who, in the Board’s opinion, has structure, for example, but not limited contravened or failed to comply with to a rock chute or rip rap; Best Operating Practices that have been (b) an authorised device or structure used endorsed by the Board or in any other to extract or regulate water flowing in circumstances as the Board thinks fit. a watercourse, for example, but not limited to diversion weirs; or (c) an authorised activity for scientific purposes, for example, but not limited to flow-measuring devices. 2. Any object or solid material used in the control or prevention of watercourse erosion shall be designed on a reach basis and shall not cause increased erosion up or down stream of the point where the object or solid material is deposited or placed. 3. Depositing or placing an object or solid material in a watercourse or lake shall not adversely effect: Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 23 (a) water-dependent ecosystems; 5.2.9. Management of Vegetation (b) the migration of aquatic biota; or A permit is required for destroying (c) the natural flow regime. vegetation growing in a watercourse or 4. Depositing or placing an object or solid lake or growing on the floodplain of a material in a watercourse or lake shall not watercourse pursuant to Section 127(5)(g) cause erosion. of the Act. 5. Depositing or placing an object or solid material on the floodplain of a watercourse Objectives or near the bank or shore of a lake to control 1. Protection of watercourses, lakes and flooding from the watercourse or lake shall floodplains from any adverse impacts from the not: management of vegetation. (a) adversely affect the natural flow of the 2. Preservation of the geomorphic watercourse; characteristics of a watercourse, lake or (b) increase the risk of flooding including floodplain. upstream or downstream of the point 3. Control of in-stream vegetation be where the object or solid material is undertaken to minimise the impact on the deposited or placed; or watercourse ecology. (c) cause or increase erosion in a watercourse or lake. Principles 6. Depositing or placing an object or solid 1. Destruction of vegetation shall only material on the floodplain of a watercourse occur where it is for the protection of or near the bank or shore of a lake to control existing development and infrastructure or flooding from the watercourse or lake shall: rehabilitation of a watercourse and does not result in any of the following: (a) provide for the needs of ecosystem processes (including the migration of (a) increased erosion; aquatic biota), and (b) increased flooding; (b) minimise the impact or risk of flooding (c) bed and bank instability; on human communities. (d) downstream sedimentation; 7. A permit is not required under this sub- (e) decline in water quality; section where: (f) alteration to the natural flow regime of a (a) the Board has provided financial or any watercourse; or other form of assistance in relation to (g) destruction of valuable habitat for native the depositing or placing an object or fauna. solid material in a watercourse or lake pursuant to section 42 of the Act; Note: Destruction, damage to and removal of native vegetation requires approval under the (b) the proposed activity involves a non South Australian Native Vegetation Act 1991. polluting object or solid material that occupies less than 5 percent of the 2. A permit is not required under this sub- cross section of a watercourse; or section where: (c) depositing or placing an object or solid (a) the destruction of vegetation growing material in a watercourse or lake is to in a watercourse or lake or growing be undertaken on a watercourse or on the floodplain of a watercourse is drainage line not delineated as a priority undertaken no less than 40 metres from watercourse on Map 3. the banks of a watercourse; (d) depositing or placing an object or (b) the Board has provided financial or any solid material on the floodplain of a other form of assistance pursuant to watercourse to control flooding from the section 42 of the Act, in relation to the watercourse or lake is on a watercourse destruction of vegetation growing in a not delineated as a priority watercourse watercourse or lake or growing on the on Map 3. floodplain of a watercourse; Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 24 (c) the proposed vegetation to be 2. The excavation and removal of rock, sand destroyed is growing in a watercourse or soil must not result in erosion of the bed or lake or growing on the floodplain of a or banks of a watercourse or adversely watercourse not delineated as a priority impact on either: watercourse on Map 3; (a) the ecology of a watercourse, lake or (d) or involves either proclaimed plants or floodplain; other vegetation that does not involve (b) migration of aquatic biota; and the physical removal of the plants. (c) increase or decrease the capacity to 5.2.10. Removal of rock, sand or capture water. soil 3. Excavation of material (“de-silting”) from a dam to maintain the capacity of the A permit is required for excavating or dam shall require a permit, except where removing rock, sand or soil from: that excavation is only of unconsolidated (i) a watercourse or lake or the floodplain material deposited since the construction of a watercourse; or of the dam or material deposited since the (ii) an area near to the banks of a lake so dam was previously desilted. as to damage, or create the likelihood 4. Excavation of material (“de-silting”) from a of damage to, the banks of the lake, “turkey nest” dam is exempted from pursuant to Section 127(5)(h) of the Act. principle 3 5. A permit is not required under this sub- Objectives section where: 1. Protection of watercourses, lakes and (a) the excavation or removal of rock, floodplains from any adverse impacts from sand or soil from a watercourse or the excavation and removal of rock, sand the floodplain of a watercourse is and soil. undertaken no less than 40 metres from 2. Preservation of the geomorphic the banks of a watercourse; characteristics of a watercourse, lake or (b) the Board has provided financial or floodplain. any other form of assistance in relation to the excavation or removal of rock, Principles sand or soil from a watercourse or the 1. Alteration to the alignment of a watercourse floodplain of a watercourse pursuant to shall only occur where it is for the protection section 42 of the Act; of existing development and infrastructure (c) the excavation or removal of rock, or rehabilitation of a watercourse, and the sand or soil from a watercourse or the realignment does not result in any of the floodplain of a watercourse relates to a following: watercourse not delineated as a priority (a) increased erosion; watercourse on Map 3; or (b) increased flooding; (d) involves the removal of less than (c) bed and bank instability; 2 cubic metres of material in any 5 year period. (d) downstream sedimentation; (e) loss of riparian vegetation; (f) decline in water quality; or (g) alteration to the natural flow regime of a watercourse. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 25 5.2.11. Use of Imported Water 4. Imported water containing residual chlorine or other treatment chemicals must not A permit is required to use imported water be discharged into surface water or in the course of carrying on a business watercourses or on land adjacent to surface pursuant to Section 127(5)(i) of the Act. water or watercourses. Principles 5. Imported water must not be transported in a watercourse or along a drainage path. 1. A permit for the use of imported water is required where 6. If imported water is to be stored, the storage facilities must be constructed and operated (a) the water is used at a rate that exceeds in a manner that prevents any detrimental 1 ML/water use year, where the rate is impact on the quality of underground based on the total volume of imported water or the health of water dependent water used on contiguous land parcels ecosystems. owned or leased by the applicant; and 7. If imported water is to be stored in a dam, (b) the imported water is applied to land the dam must have no natural catchment for irrigation purposes, either directly or (in order to prevent imported water following use in another process (e.g. entering the environment) unless either in a winery process or intensive animal the proponent can demonstrate to the production). satisfaction of the relevant authority that 2. A permit should not be granted unless the the dam is constructed in such a way as relevant authority is satisfied that the use of to prevent any unauthorised discharge of the imported water will not: imported water to the environment. (a) cause, or be likely to cause, a rise in 8. A permit for use of imported water must the underground water level resulting specify a maximum volume for use per in detrimental effects to structures or water use year irrespective of the method of ecosystems; or use, the type of crops irrigated, frequency of (b) result, or be likely to result, in adverse irrigation or any other factor. effects on the natural flow or quality of 9. A permit for the use of imported water another water resource; or should be granted for a fixed period and will (c) result, or be likely to result, in adverse expire on the date specified on the permit. effects to the productive capacity of the land including but not limited to, increases in land salinisation, waterlogging, or perched water tables; or (d) adversely affect water dependant ecosystems. 3. The total volume of water that the permit applicant would be authorised under the Act to apply to the relevant land should not exceed 1 megalitre per hectare of the relevant land per annum (where the relevant land is the aggregate of all contiguous land parcels owned or leased by the applicant), unless the relevant authority is satisfied that the application of more than 1 megalitre of water per hectare in any specified area of the land will not result in any of the adverse effects referred to in principle 2. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 26 Relevant authority Minister Minister Minister Board Board Board from the banks of nearest watercourse and that does not involve any structure associated with the extraction of water. Act. pursuant to Section 42 of the Activity that is proposed to be undertaken on any watercourse or drainage line not delineated on Map 3. Board endorsed Best Operating Practices. Activity that is proposed to be undertaken at a distance of 40 metres or more Board endorsed Best Operating Practices. Activity to be undertaken in areas that are not priority surface water as shown on Map 2 Board endorsed Best Operating Practices. Desilting turkey nest dams. Desilting turkey nest dams. • Activity where the NRM Board has provided financial or other assistance • • Activity undertaken where a certificate has been issued in respect to the NRM • Activities not requiring a permit None None None • • • Contour banks, where a certificate has been issued in respect to the NRM • • Contour banks, where a certificate has been issued in respect to the NRM Well closure Well Well maintenance Aquifer storage Dam, wall or other structure Piping a watercourse Channelling a watercourse Dam, wall or other structure Piping a watercourse Channelling a watercourse Buildings or structures Pump house Horse shelter Culvert Crossing point Fencing Example of Water Example of Water Activities Affecting • • • • • • • • • • • • • • • water flowing in a prescribed watercourse; water flowing in a watercourse the Mount Lofty Ranges that is not prescribed; or Watershed surface water flowing over land in a prescribed area or in the Mount Lofty Ranges Watershed. Drilling plugging backfilling or sealing a well. The erection, construction, modification, enlargement or removal of The erection, construction, modification, enlargement or removal of Water Affecting Activities Affecting Water Repairing replacing or altering the casing, lining screening of a well. Draining or discharging water directly indirectly into a well. a dam, wall or other structure that will collect divert, collects diverts: • • • a dam, wall or other structure that will collect divert, collects diverts, water flowing in a watercourse that is not the Mount Lofty and that is not prescribed or flowing over any Ranges Watershed other land that is not in a surface water prescribed area or the Mount Lofty Ranges Watershed. The erection, construction or placement of any building structure in a watercourse or lake on the floodplain of watercourse. Table 1: Water Affecting Activities for Permit. Affecting 1: Water Table Act NRM reference 127(3)(a) 127(3)(b) 127(3)(c ) 127(3)(d) 127(5)(a) 127(5)(b) Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 27 Relevant authority Board Board Board Board Native Vegetation Native Vegetation . pursuant to Section 42 of the Act. pursuant to Section 42 of the Activity that is proposed to be undertaken on any watercourse or drainage line not delineated on Map 3. Board endorsed Best Operating Practices. Activity that involves draining or discharging water of better quality than the receiving waters that does not exceed a volume of 0.5ML Act. pursuant to section 42 of the Activity that involves a non polluting object or solid material occupies less than 5% of the cross section a watercourse. Activity that is proposed to be undertaken on any watercourse or drainage line not delineated on Map 3. the banks of nearest watercourse. Act. pursuant to section 42 of the Activity that is proposed to be undertaken on any watercourse or drainage line not delineated on Map 3. Activity that involves either proclaimed plants or other vegetation does not involve the physical removal of plants. Activity that involves native vegetation is subject to the Act 1991 Activity that is proposed to be undertaken a distance of 40 metres or more from An activity that is proposed to be undertaken on any watercourse or drainage line not delineated on Map 3 • • Activity undertaken where a certificate has been issued in respect to the NRM • • • • Activity where the NRM Board has provided financial or other assistance • • • • Activity where the NRM Board has provided financial or other assistance • Activity where the NRM Board has provided financial or other assistance • Activities not requiring a permit • Stormwater from buildings Pipes Culverts Side entry pits Island in on- stream dam Rip raps Rocks Snags Culverts Levee Banks Depositing fill Removal or destruction of trees, shrubs , grasses Example of Water Example of Water Activities Affecting • • • • • • • • • • • • Depositing or placing an object solid material on the floodplain of a watercourse or near the bank shore of lake to control flooding Water Affecting Activities Affecting Water Draining or discharging water directly indirectly into a watercourse or lake. Depositing or placing an object solid material in a watercourse lake. from the watercourse or lake. Destroying vegetation growing in a watercourse or lake on the floodplain of a watercourse. NRM Act NRM reference 127(5)(c) 127(5)(d) 127(5)(f) 127(5)(g) Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 28 Relevant authority Board Minister

the banks of nearest watercourse. providing it involves the removal of unconsolidated material deposited since construction of the dam or material deposited since was previously desilted. Desilting of turkey nest dams. Activity that is proposed to be undertaken on any watercourse or drainage line not delineated on Map 3. Activity that involves the removal of less than 2 cubic metres material in any 5 year period. Act. pursuant to section 42 of the Activity that is proposed to be undertaken a distance of 40 metres or more from or other channel, except where the water is used on land for irrigation purposes. All activities that use water brought into the region by means of a pipe • Desilting of dams in a watercourse or the floodplain • • • • Activity where the NRM Board has provided financial or other assistance • Activities not requiring a permit • Desilting onstream dam Desilting wetlands, swamps and springs Realignment or alteration of a watercourse Example of Water Example of Water Activities Affecting • • • a watercourse or lake the floodplain of watercourse; an area near to the banks of a lake so as damage, or create likelihood of damage to, the banks lake. Water Affecting Activities Affecting Water Excavating or removing rock, sand soil from: • • Using water in the course of carrying on a business an NRM region at a volume that exceeds 1 megalitre of water has been brought into the region by means of a pipe or other channel. NRM Act NRM reference 127(5)(h) 127(5)(i) Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 29 Map 1: Priority groundwater areas for Water Affecting Activities.

NORTHERN AND YORKE Natural Resources Management Region

Hawker PRIORITY GROUNDWATER AREAS

Priority Groundwater Area Northern and Yorke NRM Region Boundary Watercourse Main Road Quorn

0 20 40 60 80 Port Augusta Kilometres

Wilmington © Government of South Australia, through the Department of Water, Land and Biodiversity Conservation 2009. This work is copyright. Apart from any use as permitted under the Copyright Act 1968 (Cwlth), no part may be reproduced by WILLOCHRA any process without prior written permission obtained from the Department of Water, Land and Biodiversity Conservation. Requests and enquiries concerning Orroroo reproduction and rights should be addressed to the Chief Executive, Department WALLOWAY of Water, Land and Biodiversity Conservation, GPO Box 2834, Adelaide SA 5001. Melrose DISCLAIMER: The Department of Water, Land and Biodiversity Conservation, its employees and servants do not warrant or make any representation regarding the use, or results of use of the information contained herein as to its correctness, accuracy, currency or otherwise. The Department of Water, Land and Biodiversity Conservation, its employees and servants expressly disclaim all liability or responsibility to any person using the information or advice contained herein. Peterborough MAP PRODUCTION: Resource Information Group, DWLBC Whyalla MAP PROJECTION: Lambert Conformal Conic MAP DATUM: GDA94 UPPER ROCKY RIVER

Port Pirie Jamestown

Gladstone

Crystal Brook BUNDALEER

Spalding

Port Broughton BOOBOROWIE

Burra

Snowtown Clare

Wallaroo Kadina Spencer Gulf Paskeville Auburn Moonta BALAKLAVA Balaklava Riverton Port Wakefield Eudunda

Kapunda Maitland Ardrossan Mallala Nuriootpa Port Victoria

Two Wells Gawler

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ADELAIDE r a M

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Stenhouse Bay i Investigator Strait r P \ 9 2 5 4 J Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 30 Map 2: Priority surface water areas for Water Affecting Activities.

NORTHERN AND YORKE Natural Resources Management Region

Hawker PRIORITY SURFACE WATER AREAS

Priority Surface Water Area Prescribed Water Resources Area Northern and Yorke WILLOCHRA CREEK NRM Region Boundary Watercourse Quorn Main Road

Port Augusta

M 0 20 40 60 80 A

M

Kilometres B R Wilmington A

Y

Orroroo © Government of South Australia, through the Department of Water, Land and C Biodiversity Conservation 2009. This work is copyright. Apart from any use as O permitted under the Copyright Act 1968 (Cwlth), no part may be reproduced by A any process without prior written permission obtained from the Department of S Melrose Water, Land and Biodiversity Conservation. Requests and enquiries concerning T reproduction and rights should be addressed to the Chief Executive, Department of Water, Land and Biodiversity Conservation, GPO Box 2834, Adelaide SA 5001.

DISCLAIMER: The Department of Water, Land and Biodiversity Conservation, its employees and servants do not warrant or make any representation regarding the use, or results of use of the information contained herein as to its correctness, Peterborough accuracy, currency or otherwise. The Department of Water, Land and Biodiversity Conservation, its employees and servants expressly disclaim all liability or Whyalla responsibility to any person using the information or advice contained herein.

MAP PRODUCTION: Resource Information Group, DWLBC MAP PROJECTION: Lambert Conformal Conic MAP DATUM: GDA94

Port Pirie Jamestown

Gladstone

Crystal Brook BROUGHTON RIVER Spalding

Port Broughton

Burra

Snowtown Clare

Wallaroo Kadina

Auburn Paskeville WAKEFIELD Moonta RIVER LIGHT RIVER Balaklava Spencer Gulf Riverton Port Wakefield Eudunda

Kapunda Maitland Ardrossan Mallala Nuriootpa Port Victoria

Two Wells Gawler

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Stenhouse Bay Investigator Strait o i r P \ 9 2 5 4 J Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 31 Map 3: Priority watercourses for Water Affecting Activities.

NORTHERN AND YORKE Natural Resources Management Region

Hawker PRIORITY WATERCOURSES

Northern and Yorke NRM Region Boundary

W Prescribed Water Resources Area

i

l

l

o

Priority Watercourse c

h

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Main Road C

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© Government of South Australia, through the Department of Water, Land and Biodiversity Conservation 2009. This work is copyright. Apart from any use as Orroroo permitted under the Copyright Act 1968 (Cwlth), no part may be reproduced by any process without prior written permission obtained from the Department of Water, Land and Biodiversity Conservation. Requests and enquiries concerning reproduction and rights should be addressed to the Chief Executive, Department Melrose of Water, Land and Biodiversity Conservation, GPO Box 2834, Adelaide SA 5001.

DISCLAIMER: The Department of Water, Land and Biodiversity Conservation, its employees and servants do not warrant or make any representation regarding the use, or results of use of the information contained herein as to its correctness, Peterborough accuracy, currency or otherwise. The Department of Water, Land and Biodiversity Conservation, its employees and servants expressly disclaim all liability or Whyalla responsibility to any person using the information or advice contained herein.

MAP PRODUCTION: Resource Information Group, DWLBC MAP PROJECTION: Lambert Conformal Conic MAP DATUM: GDA94

Port Pirie Jamestown B rough Gladstone ton Crystal Brook

Spalding Ri ver Port Broughton

Burra

Snowtown Clare

Wallaroo Kadina

Paskeville Auburn Spencer Gulf Moonta Ri field ver ake W Balaklava Riverton Port Wakefield Eudunda

r ive R Kapunda Maitland Ardrossan Mallala t Nuriootpa Port Victoria gh Li

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Stenhouse Bay i r o i Investigator Strait r P \ 9 2 5 4 J Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 32 6. Animal and plant control

6.1. Management of pest 3. Management should be strategic in terms of: plants and animals (a) determining areas where management should occur (it is better to target priority Chapter 8 Part 2 of the NRM Act sets out the areas with adequate resources or with requirements for the control of declared plants the ability to prevent reinvasion than to and animals. take a scattergun approach); Section 188(5) of the NRM Act requires that (b) timing of management (it may be best the Board must, in considering whether to to manage pest plants and animals issue a permit under this section and, if so, the when their numbers are naturally low conditions on which the permit may be issued, if sustained management is the aim take into account any relevant provision of the or just before the greatest period of Regional NRM Plan. risk or after some threshold has been crossed); The Board has the statutory roles of: (c) implementing a long-term strategy (a) enforcing control or eradication of declared rather than short-term management pest plants and animals via Action Plans or options that do not provide lasting Protection Orders; abatements of impacts; (b) controlling declared animals and weeds on (d) using a combination of control road reserves through the NRM groups; and techniques rather than a single (c) notifying the Chief Officer of the presence of technique; and notifiable pest plants and animals. (e) using the most appropriate technique(s) for the situation. 6.2. Objectives and principles 4. Regional management should involve all stakeholders rather than focusing on 6.1.1. Objectives individual property management with an emphasis on priority areas. 1. Regional management of terrestrial pest 5. The benefits of management should exceed plants and animals that is the responsibility the costs of implementing control (although of individual land owners. this is difficult to define for environmental 2. Management plans that aim to reduce pest protection). plant or animal impact rather than just pest 6. Develop more effective and humane pest plant and animal numbers. animal management techniques. 3. Pest animal and plant control management 7. Increase emphasis on risk assessment to to be totally integrated within natural prevent future problems. resources management. 8. Capacity building to raise awareness of 6.2.2. Principles potential problems caused by pest plants and animals, educate operators on the 1. Manage actual rather than perceived appearance of new species and best problems (that is, do not assume that because practice management. a pest plant or animal is present in numbers it is causing significant or long-term damage). 2. Management plans should aim to reduce pest plant or animal impact, rather than just pest animal numbers (related to the previous point). Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 33 6.2.3. Movement of Animals or 6.2.4. Notification of Presence of Plants Animals or Plants

Section 175(1) a person must not bring Section 180(1) If an owner of land within a an animal or plant of a class to which this control area for a class of animals or plants subsection applies, or cause or permit an to which this section applies becomes animal or plant of a class to which this aware of the presence of an animal or plant subsection applies to be brought, into a of that class on that land, the owner must, control area for that class of animals or within the prescribed period, notify the plants. NRM group for the area in which the land is situated (or, if there is no such group, the Section (2) a person must not transport or relevant regional NRM board) of the species move, or cause or permit to be transported of animal or plant and the locality in which it or moved, on a public road within a control was seen or is to be found. area for a class of plants to which this subsection applies: Section 180(2) If an NRM authority becomes aware (other than by notification under (a) a plant of that class; or subsection (3)) of the presence of an animal (b) any animal, plant, soil, vehicle, farming or plant of a class to which this section implement or other produce, goods, applies on land situated within both a control material or thing carrying a plant of that area for that class of animals or plants and class. its area or region, the NRM authority must, Section 175(1) a person must not sell an within 48 hours, notify the Chief Officer of animal or plant of a class to which this the species of animal or plant and the locality subsection applies. in which it was seen or is to be found. Section 175(2) a person must not sell Section 180(3) If the Chief Officer becomes any animal, plant, soil, vehicle, farming aware (other than by notification under implement or other produce, goods, subsection (2)) of the presence of an animal material or thing carrying a plant of a class or plant of a class to which this section to which this subsection applies. applies on land situated within a control area for that class of animal or plant, the Objectives Chief Officer must, within 48 hours, notify 1. Prevent the introduction and spread into the NRM group for the area in which the the region of new species of plants and land is situated, and the regional NRM animals with pest potential by monitoring board, of the species of the animal or plant of movements of stock, and plant and and the locality in which it was seen or is to equipment. be found.

Principles Objectives 1. Risks and potential modes of introduction 1. Monitor and detect any significant changes and spread must be communicated to the in pest plants and animals species risk. community to increase understanding and 2. Prevent the introduction and spread awareness. into the region of new species of plants 2. It is more cost-effective to detect and and animals with pest potential by early eradicate pest plants and animals detection and eradication. before they become widely established. Surveillance forms the basis of effective Principles control in these situations. 1. It is more cost-effective to detect and eradicate pest plants and animals before they have become widely established. Surveillance forms the basis of effective control in these situations. 2. The threat and risk posed by new species with pest potential to be determined by risk assessment process before development of a control or eradication program. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 34 6.2.5. Action to Destroy or Objectives Control Animals and plants 1. Significantly reduce the extent of existing identified plant and animal pests by Section 182(1) an owner of land within a control area for a class of animals or plants destruction of infestations, aiming for local to which this subsection applies must eradication at feasible sites. destroy all animals or plants of that class on 2. Contain and prevent the ongoing spread of that land. plant and animals species from identified Section 182 (2) an owner of land within a sites to the region. control area for a class of animals or plants 3. Protect and manage sites of high to which this subsection applies must significance to prevent establishment and control and keep controlled all animals or spread of pest plants and animals. plants of that class on that land. Section 182 (3) an owner of land within a Principles control area for a class of animals or plants 1. In some situations the most cost-effective to which this subsection applies must: solution may be to accept the continued (a) take any measures prescribed by the presence of the pest plant or animal, regulations or specified by a relevant assuming that: authority in the prescribed manner for (a) this will not lead to long-term the control of all animals or plants of degradation of the natural resources to that class that are, or may be, on that the extent that agricultural production land; becomes non-viable; and (b) take any measures prescribed by the (b) key environmental values are not being regulations or specified by a relevant significantly affected. authority in the prescribed manner 2. Incorporate commercial use (e.g. harvesting requiring that the land, or anything of feral pigs and goats for meat) where present on the land, be subjected to specified treatment. appropriate as this will offset some management costs. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 35 Hierarchical guiding principles widespread but is yet to invade/impact upon many key sub-regional industries/habitats for management of pest plants (higher weed risk). • Surveillance and mapping to locate all 1. ALERT infested sub-regions. Aim to prevent the species arriving and • Identification of key sites/assets in the region. establishing in the region. • Control of infestations in close proximity • Prevention of entry to region. to key sites/assets, aiming for a significant • Ongoing surveillance for incursions of the reduction in weed density. species (e.g. nursery inspections). • Limits on movement and sale of species • Training and awareness activities for the within region. community to enable early detection. • Must not allow to spread from cultivated plants (if grown) in close proximity to key 2. ERADICATE FROM REGION sites/assets. Aim to remove the weed species from the region. • Monitor change in current distribution within • Detailed surveillance and mapping to locate and in close proximity to key sites/assets. all infestations. 6. MANAGE WEED • Destruction of all infestations including seed banks. Aim to reduce overall economic, environmental • Prevention of entry to region and movement and/or social impacts of the weed species and sale within. through targeted management. • Must not grow and all cultivated plants to be • Research and develop integrated weed removed. management (IWM) packages for the • Monitor progress towards eradication. species, including herbicides and biological control where feasible. 3. DESTROY INFESTATIONS • Promote IWM packages to landholders. Aim to significantly reduce the extent of the • Monitor decrease in weed impacts with weed species in the region. improved management. • Detailed surveillance and mapping to locate • Identify key sites/assets in the region and all infestations. ensure adequate resourcing to manage the • Destruction of all infestations, aiming for weed species. local eradication at feasible sites. 7. MANAGE SITES • Prevention of entry to region and movement and sale within. Aim to maintain overall economic, environmental • Must not grow. and/or social value of key sites/assets through • Monitor progress towards reduction. improved general weed management. • Promote general IWM principles to 4. CONTAIN SPREAD landholders, including the range of control Aim to prevent the ongoing spread of the weed techniques, maintaining competitive species in the region. vegetation/crops/pastures, hygiene and • Surveillance and mapping to locate all property management plans. infested properties. • Identify key sites/assets in the region and • Control of all infestations, aiming for a ensure adequate resourcing to manage significant reduction in weed density. these to maintain their values. • Prevention of entry to region and movement • Broaden focus beyond weeds to all and sale within. threatening processes. • Must not allow it to spread from cultivated plants (if grown). 8. MONITOR • Monitor change in current distribution. Aim to detect any significant changes in the species’ weed risk 5. PROTECT SITES • Monitor the spread of the species and review Aim to prevent spread of the weed species any perceived changes in weediness. to key sites/assets of high economic, environmental and/or social value. 9. NO ACTION • Weed may be of limited current distribution The weed species is perceived to be of but only threatens limited industries/habitats insufficient risk to warrant any investment in

Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY (lower weed risk). Or the weed may be more regional strategic management actions. 36 Hierarchical guiding principles • Surveillance and mapping to locate all for management of infested sub-regions. • Identification of key sites/assets in the pest animals region. • Enforce control of populations in close 1. ERADICATE FROM REGION proximity to key sites/assets, aiming for a Aim to remove the pest animal species from the significant reduction in pest animal density. region. • Entry, movement and keeping may be • Detailed surveillance and mapping to locate controlled under permit conditions. all populations. • Monitor change in current distribution within • Destruction of all populations, including and in close proximity to key sites/assets. juveniles. • Prevention of entry to region and keeping, 5. MANAGE PEST ANIMAL POPULATION movement and sale within. Aim to reduce the overall economic, • Monitor progress towards eradication. environmental and/or social impacts of the pest animal species through targeted management. 2. DESTROY POPULATIONS • Research and develop integrated pest Aim to significantly reduce the extent of the pest animal management (IPM) packages for the animal species in the region. species, including cultural, chemical and • Detailed surveillance and mapping to locate biological control where feasible. all populations. • Promote IPM packages to landholders. • Destruction of all populations, aiming for • Monitor decrease in pest animal impacts local eradication at feasible sites. with improved management. • Prevention of entry to region and keeping, • Identify key sites/assets in the region and movement and sale within. ensure adequate resourcing to manage the • Consider quarantine provisions. pest animal species. • Monitor progress towards reduction. 6. MANAGE SITES 3. CONTAIN SPREAD Aim to maintain the overall economic, Aim to prevent the ongoing spread of the pest environmental and/or social value of key sites/ animal species in the region. assets through improved general pest animal management. • Surveillance and mapping to locate all infested properties. • Promote general IPM principles to landholders, including the range of control • Enforce control of all populations, aiming techniques and farm management practices. for a significant reduction in pest animal density through high level initial control and • Identify key sites/assets in the region and sustained management. ensure adequate resourcing to manage these to maintain their values. • Entry, movement and keeping may be controlled under permit conditions. • Broaden focus beyond pest animal s to all threatening processes. • Monitor change in current distribution. 4. PROTECT SITES 7. MONITOR Aim to prevent spread of the pest animal Aim to detect any significant changes in the species to key sites/assets of high economic, species’ pest animal risk. environmental and/or social value. • Monitor the spread of the species and • Pest animal may be of limited current review any perceived changes in pest distribution but only threatens limited animal invasiveness. industries/habitats (lower pest animal risk). Or the pest animal may be more widespread 8. NO ACTION but is yet to invade/impact upon many key The pest animal species is perceived to be of sub-regional industries/habitats (higher pest insufficient risk to warrant any investment in

animal risk). regional strategic management actions. NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 37 7. Alignment to other mechanisms

Section 75(4) a plan should be consistent 7.1. Objectives and principles with the State NRM Plan. The State NRM Plan forms the highest level Section 75(5) A plan, when adopted, (and policy document in the natural resources amendments made to a plan when adopted) management planning hierarchy under the Act. should, as far as practicable, be consistent with: The underlying principle in the State NRM Plan is the need for integrated management (a) any relevant management plan under of natural assets through strong and healthy the Coast Protection Act 1972; and partnerships between land owners, the (b) any relevant Development Plan under community and all levels of government. All the Development Act 1993 (subject to stakeholders need to be aware of the issues any proposal to amend such a plan); and risks in order to contribute to solutions. and (c) any relevant environment protection 7.1.1. Objectives policy under the Environment The Northern and Yorke NRM Plan is based on Protection Act 1993; and the requirements of the NRM Act which requires (d) any relevant plan of management under consistency with: the National Parks and Wildlife Act 1972; and • Coast Protection Act 1972 (e) the principles of clearance of native • Development Act 1993 vegetation under the Native Vegetation • Environment Protection Act 1993 Act 1991 and any guidelines relating to • Marine Parks Act 2007 the management of native vegetation adopted by the Native Vegetation • National Parks and Wildlife Act 1972 Council under that Act; and • Native Vegetation Act 1991 (f) any relevant management plan under • Local Government Act 1999 the Marine Parks Act 2007; and 7.1.2 Principles (g) any relevant policy relating to the administration or operation The Northern and Yorke NRM Plan is consistent of a Mining Act published for the with the objectives of other key agencies in purposes of this Chapter by notice defining clear alignment with: in the Gazette by the Minister for the 1. Regional Biodiversity Plans time being administering that Act after consultation with the Minister 2. Marine Planning Framework administering this Act; and 3. Better Development Planning (h) such other plans, policies, strategies 4. Regional Land Use Frameworks or guidelines as are prescribed by the 5. National Park Management regulations. 6. Native Vegetation Management 7. No Species Loss Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 38 8. Community consultation

Community participation and partnerships are The Consultation Strategy for the Regional essential for sustainable natural resources Plan included a range of tools to encourage management. This includes community and input. From mid-September to December 2008 environmental groups, volunteers, industry there were public meetings, forums, workshops, and business, government agencies, local information booths, information fact sheets and government councils, schools, research bodies, media advertising in an effort to ensure that all landowners and managers, and traditional stakeholders had an opportunity to view, obtain owners – all important stakeholders. The Plan is information, ask questions and provide input a plan for the region, not just the Northern and into the Plan. Yorke NRM Board. Further information can be obtained by phoning The Board is responsible under the Natural the Board on (08) 8636 2361. Resource Management Act 2004 to consult with stakeholders about its draft Regional Natural Resource Management Plan. The Board has consulted by calling for written submissions and by holding public meetings to invite questions and comments on the draft Plan and the Board has considered all submissions made in relation to all volumes of the Plan.

9. References

Commonwealth of Australia, ‘Australian Pest Animal Strategy – A national strategy for the management of vertebrae pest animals in Australia’, 2007.

Commonwealth of Australia, ‘Australian Weed Strategy’ 2006, in press.

Department of Water, Land and Biodiversity Conservation (2009), Code of Practice for the Management of Native Vegetation to Reduce the Impact of Bushfire (Version 7-09 11 February 2009).

Ellis, S, Kanowski, P & Whelan, R 2004, National Inquiry on Bushfire Mitigation and Management, Commonwealth of Australia, Canberra.

Government of South Australia, ‘Guide to Development Policy – An Introduction to the Better Development Plans Project’, April 2006 (Planning SA).

Government of South Australia, ‘Draft Yorke Peninsula Regional Land Use Framework’, February 2007 (Planning SA). Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 39 10. Glossary

Agricultural Zone: generally, the areas south Detention Basin: a pond or basin constructed of the 250mm isohyet (or Goyder’s line). for the temporary detention of water to provide time for suspended sediments and other heavy Allotment: has the same meaning as in the pollutants to settle before discharge into a Real Property Act 1886 and also includes watercourse, lake, or other water storage. two or more contiguous allotments owned or occupied by the same person and operated as Drainage Path: the path that surface water a single unit. naturally flows along over land.

Aquaculture: the farming of aquatic organisms Dryland agriculture: rain-fed agriculture, for the purposes of trade, business or research. practised in areas where crop/pasture production is limited to that part of the year Aquifers: porous, water-bearing layers of sand, when rain falls. gravel, and rock below the earth’s surface; reservoirs for groundwater. Dryland Salinity: the process whereby salts stored below the surface of the ground Authorised Officer: a person appointed to be a are brought close to the surface by a rising state authorised officer or a regional authorised watertable. The accumulation of salt degrades officer under the NRM Act. the upper soil profile, with impacts on Broad-hectare Agricultural Production: agriculture, infrastructure and the environment. generally, commercial-scale cereal or grazing Ecologically Sustainable: the use, enterprises that are mostly reliant on rainfall conservation, development and enhancement (rather than irrigation) for plant production. of natural resources in a way, and at a rate, Catchment: extent of land where water from that will enable people and communities to rain drains into a body of water, such as a river, provide for their economic, social and physical lake, reservoir, estuary, wetland, sea or ocean wellbeing while: sustaining the potential of natural resources to meet the reasonably : a council whose area, or Constituent Council foreseeable needs of future generations. part of whose area, comprises or is included in the region of a regional NRM Board or an NRM Ecosystem: a dynamic complex of plant, group. animal, fungal and microorganism communities and the associated non-living environment : include, but are not limited to, Contaminants interacting as an ecological unit nutrients, sediments and chemicals. Environmental Flow: the share of water : in relation to a particular class of Control provided and managed for the environment to animals means; destroy the animals and their protect river health. warrens, burrows, nests or harbours; reduce the extent to which land is inhabited or subject Environmental Water Requirements: the to infestation by the animals; or undertake any water regime needed to sustain the ecological other prescribed action, as far as is reasonably values of water-dependent ecosystems, achievable. In relation to a particular class of including their processes and biological plants it means: destroy the plants; reduce and diversity, at a low level of risk. inhibit the propagation of the plants; prevent Ephemeral Flows: stream flows that only the spread of the plants; or undertake any endure for a short time following a heavy rainfall other prescribed action, as far as is reasonably event. achievable. Estuary: a partially enclosed coastal body Desilting: the removal of unconsolidated of water that is permanently, periodically, material deposited in a dam since construction, intermittently or occasionally open to the sea or material deposited since the dam was within which there is a measurable variation previously desilted. in salinity due to the mixture of seawater with

Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY water derived from or under the land. 40 Feral: a species that has escaped the Indicators: a measure against which some management and control of people and is living aspects of performance can be assessed. and reproducing in the wild. Indigenous land use agreement: a voluntary Floodplain: any area of land adjacent to a agreement between a native title group and watercourse, lake or estuary that is periodically others about the use and management of land inundated with water and includes any other and waters. area designated as a floodplain by an NRM Intensive Farming: a method of keeping plan; or by a Development Plan under the animals in the course of carrying on the Development Act 1993. business of primary production in which Groundwater base flow: usually, the amount the animals are usually confined to a small of streamflow that is due to groundwater space or area and usually fed by hand or by a discharge. In periods of low or zero rainfall, mechanical means. streamflow may be comprised solely of base Introduced Species: a species occurring in an flows. area outside its historically known natural range Groundwater Recharge: the process whereby as a result of intentional or accidental dispersal water below the land surface is replenished by by human activities. either direct infiltration of rainfall or by leakage Lake: a natural lake, pond, lagoon, wetland or from surface water bodies like streams or lakes. spring (whether modified or not) and includes Groundwater: water occurring naturally below part of a lake, or a body of water designated as ground level; or water pumped, diverted or a lake by an NRM plan; or by a Development released into a well for storage underground. Plan under the Development Act 1993.

Habitat: the physical place or type of site where Land Division: a land division that requires an organism, species or population naturally approval under the Development Act 1993 occurs together with the characteristics and and includes circumstances where contiguous conditions that render it suitable to meet the allotments cease to be owned or occupied by lifecycle needs of that organism, species or the same person, and/or cease to be operated population. as a single unit.

Heritage Agreement: a contract between a Landscape: a heterogeneous area of local landholder and the State Government for the ecosystems and land uses that is of sufficient protection in perpetuity of a particular area of size to achieve long-term outcomes in the native vegetation. maintenance and recovery of species or ecological communities, or in the protection and Horticulture: the art, industry and science of enhancement of ecological and evolutionary plant cultivation. processes. Hydrogeology: the study of groundwater, Landscape-scale Management: strategic which includes its occurrence, recharge and approaches to manage natural resource discharge processes, and the properties of management values and threats at a landscape aquifers; see also Hydrology. scale, being of a sufficient size to sample all Hydrological Flow Regime: the flow regime landforms of the landscape (i.e. from the top of applicable to a particular watercourse or the hill to the bottom of the valley). aquatic ecosystem as it varies by seasonal and Low-flow Bypass: a device that ensures that more episodic climatic events (e.g. periodic any water flow at or below the threshold flow severe flooding or drought). It may be a natural rate will not be diverted from a watercourse or regime or man-managed (e.g. by weir pool drainage path by a dam, wall or other structure, manipulation). It also includes the water quality or ensures that these flows are returned dimensions associated with particular flow to the same watercourse or drainage path periods (e.g. high salinity during periods of low immediately downstream of the dam, wall or flows and high turbidity due to erosion during structure. high flows). Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 41 Native Animal: a protected animal within the Saline discharge: the process whereby excess meaning of the National Parks and Wildlife Act groundwater containing dissolved salts rises 1972 and any species included in Schedule 10 close to the land surface, resulting in dryland of that Act, not including a dingo or any other salinity problems. Saline discharge occurs into animal of a class excluded from the ambit of waterways when saline groundwaters enter the this definition by the regulations. river channel.

Native Species: a plant or animal species Salinisation: the process whereby land or which occurs naturally in South Australia water resources become adversely affected by high levels of salt (usually sodium chloride) that Natural resource assets — see Natural inhibit normal ecosystem functioning (including resources. crop production). Natural Resources Management: an Seascape: a heterogeneous area of local approach to managing our environment that ecosystems and sea uses that is of sufficient strives to achieve a balance between our size to achieve long term outcomes in the collective need for resources and the needs of maintenance and recovery of species or our environment. ecological communities, or in the protection and Natural Resources: include soil; water enhancement of ecological and evolutionary resources; geological features and landscapes; processes. native vegetation, native animals and other Stock / domestic dam: a dam for the purpose native organisms; and ecosystems. of the storage of water for domestic purposes On-stream dam: a dam, wall or other structure or use by livestock, with a capacity of up to placed on or constructed across a watercourse 5 megalitres or wall height of up to 3 metres or drainage path for the purpose of holding back from the natural ground level. and storing the natural flow of that watercourse Structure: something built or constructed, and/or the surface water flowing along that including, but not limited to, a ford, causeway, drainage path. culvert, fence, jetty, boat mooring, weir or Pastoral Zone: generally, the area north the retaining wall. 250 mm isohyet (or Goyder’s line). Also referred Sub-catchment: the area of land determined to as the rangelands. by topographical features within which rainfall Peri-urban: land immediately adjoining an will contribute to runoff at a particular point. urban area; between the suburbs and the Surface water sub-catchment zone: a countryside. zone defining the area within which the total Pest Species: any introduced plant or animal allowable dam volume is limited. the zone that can adversely affect native species and boundary is based upon the sub-catchment ecosystems. boundary, with adjustments to align the sub- catchment boundary to the nearest practicable : the area of land from which Recharge Area allotment boundaries. water from the surface (rainfall, streamflow, irrigation, etc.) infiltrates into an aquifer. Surface water: water flowing over land (except in a watercourse), after having fallen as rain : documents that detail Recovery Plans or hail or having precipitated in any another management and research actions necessary manner, or after rising to the surface naturally to stop and reverse the decline of listed from underground. Also, water of either kind threatened species or threatened ecological that has been collected in a dam or reservoir. communities. The aim of a recovery plan is to maximise the long term survival in the wild of a Terrestrial: pertaining to the land (contrast with threatened species or ecological community. aquatic and marine).

Runoff: water flowing over land or in a natural Underground water — see Groundwater. or man-made drain, after having fallen as rain or hail or having precipitated in any other manner. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 42 Unit threshold flow rate: the flow rate (litres/ Watercourse: a river, creek or other natural second/ square kilometre) of a sub-catchment watercourse (whether modified or not) in determined by dividing the 10th percentile flow which water is contained or flows, whether rate (litres/second) for a surface water sub- permanently or from time, to time and includes catchment zone by the area of the surface a dam or reservoir that collects water flowing water sub-catchment zone (square kilometres). in a watercourse; a lake through which water flows; a channel (but not a channel declared by Water Affecting Activities: activities that regulation to be excluded from the ambit of this can have adverse impacts on the health and definition) into which the water of a watercourse condition of water resources, on other water has been diverted; part of a watercourse; an users and on the ecosystems that depend on estuary through which water flows; or any other water resources. These water resources include natural resource, or class of natural resource, watercourses, lakes or dams, floodplains, designated as a watercourse for the purposes groundwater, springs, wetlands, waterholes and of the NRM Act by an NRM plan. catchment landscapes, among others. Wetland: an area that comprises land that Water License: a licence granted under the is permanently or periodically inundated with NRM act authorising the holder (subject to the water (whether through a natural or artificial requirements of the act) to take (or to hold) process) where the water may be static or water from a watercourse, lake or well or to take flowing and may range from fresh water (or to hold) surface water from a surface water to saline water and where the inundation prescribed area and includes a licence granted with water influences the biota or ecological endorsed with a water (holding) allocation. processes (whether permanently or from Water Protection Area: An area that is time to time) and includes any other area protected from pollution, contamination or designated as a wetland by an NRM plan; or by unsustainable use; proposed development a Development Plan under the Development may be excluded from a WPA area when it is Act 1993. It does not include a dam or reservoir liable to impact the water resource or aquifer that has been constructed by a person wholly recharge. or predominantly for the provision of water for primary production or human consumption; or : a watercourse or lake, Water Resource an area within an estuary or within any part of surface water, underground water, stormwater the sea; or an area excluded from the ambit of and effluent. this definition by the regulations of the NRM Act. Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 43 Northern and Yorke NRM Board Yorke Northern and AND POLICY FRAMEWORK REGULATORY 44