Environment Protection Act 1970

STATE ENVIRONMENT PROTECTION POLICY (WATERS OF VICTORIA) 23/2/1988, No. S13, Gazette 26/2/1988

As varied: 6/2/1990 No. G12, Gazette 21 March 1990 No. S122, Gazette 22/10/1996: Schedule F5 (Waters of the Latrobe and Thompson River Basins and the Merriman Creek Catchment) No. S101, Gazette 27/8/1997: Schedule F6 (Waters of the Port Phillip Bay) No. S89, Gazette 22/6/1999: Schedule F7 (Waters of the Yarra Catchment) No. S192, Gazette 2/11/2001: Schedule F8 (Waters of Western Port and Catchment) 3/6/2003, No. S107, Gazette 4/6/2003 5/10/2004. No. S210, Gazette 5/10/2004

This is not an Authorised version of the Policy.

This document provides a consolidated version of the State Environment Protection Policy (Waters of Victoria) and subsequent Policy variations (referenced above).

Preamble Victoria’s surface water environments form the basis of life and prosperity. Healthy water environments provide food and shelter for aquatic plants and animals, enable simple pleasures such as swimming and fishing and provide necessities such as water for drinking, agriculture and industry. They also enable continued indigenous and non-indigenous cultural and spiritual practices associated with water. Without healthy water environments, these uses and values that Victorians want, are at risk. To secure a sustainable future for Victorians, we need to protect and rehabilitate the aquatic habitats of our rivers, lakes, wetlands, estuaries, bays and oceans, and the social and economic values they support. To do so, we need to continuously reduce our impact on surface water environments, by using land and water resources within their capabilities, and by avoiding and re-using wastes, particularly those generated from everyday activities. This Policy provides a legal framework for State and local government agencies, businesses and communities to work together to protect and rehabilitate Victoria’s surface water environments. Importantly, it supports Victoria’s catchment and coastal management processes and associated community decision-making they support. This support is essential, as we all play a direct role in protecting our environment for our future.

PART I: PRELIMINARY 1. Title This Policy may be cited as the State environment protection policy (Waters of Victoria) and is referred to below as ‘the Policy’. 2. Context The Policy: (1) applies to all businesses, non-government agencies, community groups, individuals and State and local government agencies that use, plan, manage or derive benefit from Victoria’s surface waters; (2) applies to each person responsible for making legal decisions in relation to Victoria’s surface waters; and (3) is an instrument of the Environment Protection Act 1970, and is administered by the Environment Protection Authority, which is responsible for ensuring its overall implementation. 3. Definitions In the Policy, unless inconsistent with the context or subject matter, or with the definitions of the Environment Protection Act 1970: “Aquatic ecosystem” means the community of organisms living within or immediately adjacent to water (including riparian and foreshore zones). “Artificial” means an asset such as a waste treatment system, wetland, channel or drain that has been constructed for a specific purpose. An artificial asset does not include an asset that has resulted from the modification of surface water environments. “Audit” means the definition of ‘environmental audit’ in the Environment Protection Act 1970. “Australian and New Zealand Guidelines for Fresh and Marine Water Quality” (2000) means the guidelines developed by the Australian and New Zealand Environment Conservation Council and the Agricultural and Resource Management Council of Australia and New Zealand. “Background level” means the level of an indicator in surface waters or their aquatic ecosystem, outside the influence of any waste containing a measurable level of that indicator. “Best practice” means the best combination of techniques, methods, processes or technology used in an industry sector or activity that demonstrably minimises the environmental impact of that industry sector or activity. “Beneficial use” means a use of the environment which is conducive to public benefit, welfare, safety, health or aesthetic enjoyment and which requires protection from the effects of waste discharges. A full definition is listed in the Environment Protection Act 1970. “Floodplain” means an area of land inundated with an average flood recurrence interval of one hundred years. “Indicator” means a measurement that provides information on the environmental quality of an environment. “Intensive agricultural industry” means an operation where animals are concentrated for the purpose of agricultural production (including piggeries, poultry farms, feedlots and feedpads,

fish farms and aquaculture, milking sheds and associated stock yards and laneways), and intensive horticultural operations (including plant nurseries and market gardens). “Largely un-modified ecosystem” means an aquatic ecosystem where human activity has had a minimal impact and consequently it is largely undisturbed. “Highly modified ecosystem” means an aquatic ecosystem which has been significantly disturbed as a result of human activity. “Minimise” means the adoption of measures (including those listed in the waste hierarchy), which reduce to the maximum extent practicable the impact of an activity or waste on beneficial uses. "Mixing zone" means an area contiguous to a licensed waste discharge point and specified in that licence, where the receiving environmental quality objectives otherwise applicable under the Policy do not apply to certain indicators as specified in the licence. This means that some or all beneficial uses may not be protected in the mixing zone. “Objective” means the concentration or level of an indicator that describes the environmental quality required to protect designated beneficial uses. “Protection agency” means the definition of ‘protection agency’ in the Environment Protection Act 1970. “Regional catchment strategy” means the definition of ‘regional catchment strategy’ in the Catchment and Land Protection Act 1994 and includes Government endorsed sub-strategies and plans. “Riparian” means inhabiting or situated on a river or stream bank or where vegetation interacts with surface waters. “Slightly to moderately modified ecosystem” means an aquatic ecosystem where human activity has caused a measurable disturbance; “Surface water” means the definition of ‘water’ in the Environment Protection Act 1970. For the purposes of this Policy, surface waters excludes groundwaters and waters within tanks, artificial waste treatment systems, reticulated water supply distribution systems, off-stream private dams, and piped and underground drains. “Waste” means the definition of ‘waste’ in the Environment Protection Act 1970. 4. Contents The Policy is divided into parts as follows: PART I - PRELIMINARY 1. Title 2. Context 3. Definitions 4. Contents PART II - PURPOSE, PRINCIPLES AND INTENT 5. Policy purpose 6. Policy principles 7. Policy intent

PART III - POLICY AREA 8. Policy area 9. Segments PART IV – BENEFICIAL USES 10. Beneficial uses PART V - ENVIRONMENTAL QUALITY OBJECTIVES AND INDICATORS 11. Environmental quality objectives and indicators PART VI - ATTAINMENT PROGRAM 12. Practicability KEY RESPONSIBILITIES FOR IMPLEMENTING THE POLICY 13. General responsibilities for implementing the Policy 14. Environment Protection Authority 15. Catchment management authorities 16. Regional coastal boards 17. Municipal councils 18. Water authorities 19. Department of Sustainability and Environment 20. Department of Primary Industries 21. Parks Victoria 22. Industry sectors 23. Communities GUIDANCE 24. Regional target setting 25. Guidance on environmental management 26. Off-set measures WASTE AND WASTEWATER MANAGEMENT 27. Management of discharges to surface waters 28. New wastewater discharges 29. Existing wastewater discharges 30. Mixing zones 31. Management of wastewater re-use and recycling 32. On-site domestic wastewater management 33. Sewerage planning 34. Connection to sewerage 35. Sewerage management

36. Saline discharges 37. Chemical management 38. Spills, illegal discharges and dumping of waste 39. Animal wastes WATER MANAGEMENT 40. Water conservation 41. Water allocations and environmental flows 42. Releases from water storages 43. Surface water management and works 44. Dredging and desilting management 45. Groundwater management 46. Urban stormwater 47. Ports, marinas and vessels 48. Aquaculture activities 49. Aquatic pests CATCHMENT MANAGEMENT 50. Agricultural activities 51. Irrigation channels and drains 52. Intensive agricultural industries 53. Vegetation protection and rehabilitation 54. Recreational activities 55. Forestry activities 56. Construction activities 57. Roads 58. Extractive industries PART VII - ANNEXES PART VIII – SCHEDULES Schedule A – Environmental quality objectives and indicators Schedule B – Areas of high conservation value PART II: POLICY PURPOSE, PRINCIPLES AND INTENT 5. Policy purpose The purpose of the Policy is to help achieve sustainable surface waters by: (1) setting out the environmental values and beneficial uses of water that Victorians want, and the environmental quality required to protect them; and

(2) setting, within a 10 year timeframe, goals for protection agencies, businesses and communities and means by which they can be met. 6. Policy principles The following principles form the basis of the Policy and should be used to guide decisions about the protection and management of Victoria’s surface waters. (1) Principle of integration of economic, social and environmental considerations. (a) Sound environmental practices and procedures should be adopted as a basis for ecologically sustainable development for the benefit of all human beings and the environment. (b) This requires the effective integration of economic, social and environmental considerations in decision-making processes with the need to improve community well-being and the benefit of future generations. (c) The measures adopted should be cost-effective and in proportion to the significance of the environmental problems being addressed. (2) The precautionary principle. (a) If there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. (b) Decision making should be guided by- (i) a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and (ii) an assessment of the risk-weighted consequences of various options. (3) Principle of intergenerational equity. The present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations. (4) Principle of conservation of biological diversity and ecological integrity. The conservation of biological diversity and ecological integrity should be a fundamental consideration in decision making. (5) Principle of improved valuation, pricing and incentive mechanisms. (a) Environmental factors should be included in the valuation of assets and services. (b) Persons who generate pollution and waste should bear the cost of containment, avoidance and abatement. (c) Users of goods and services should pay prices based on the full life cycle costs of providing the goods and services, including costs relating to the use of natural resources and the ultimate disposal of wastes. (d) Established environmental goals should be pursued in the most cost effective way by establishing incentive structures, including market mechanisms, which enable persons best placed to maximise benefits or minimise costs to develop solutions and responses to environmental problems. (6) Principle of shared responsibility. (a) Protection of the environment is a responsibility shared by all levels of government and industry, business, communities and the people of Victoria.

(b) Producers of goods and services should produce competitively priced goods and services that satisfy human needs and improve quality of life while progressively reducing ecological degradation and resource intensity throughout the full life cycle of the goods and services to a level consistent with the sustainability of biodiversity and ecological systems. (7) Principle of product stewardship. Producers and users of goods and services have a shared responsibility with Government to manage the environmental impacts throughout the life cycle of the goods and services, including the ultimate disposal of any wastes. (8) Principle of wastes hierarchy. Wastes should be managed in accordance with the following order of preference: (a) avoidance; (b) re-use; (c) re-cycling; (d) recovery of energy; (e) treatment; (f) containment; (g) disposal. (9) Principle of integrated environmental management. If approaches to managing environmental impacts on one segment of the environment have potential impacts on another segment, the best practicable environmental outcome should be sought. (10) Principle of enforcement. Enforcement of environmental requirements should be undertaken for the purpose of: (a) better protecting the environment and its economic and social uses; (b) ensuring that no commercial advantage is obtained by any person who fails to comply with environmental requirements; and (c) influencing the attitude and behaviour of persons whose actions may have adverse environmental impacts or who develop, invest in, purchase or use goods and services which may have adverse environmental impacts. (11) Principle of accountability. (a) The aspirations of the people of Victoria for environmental quality should drive environmental improvement. (b) Members of the public should therefore be given: (i) access to reliable and relevant information in appropriate forms to facilitate a good understanding of environmental issues; and (ii) opportunities to participate in policy and program development. 7. Policy intent The Policy: (1) provides the framework to set beneficial uses and environmental values of surface waters that reflect our shared desire for sustainable surface water environments and that provide environmental, social and economic benefits to all communities;

(2) recognises that, in achieving its purpose, action will need to be taken on a priority driven and progressive basis, taking into account environmental, social and economic considerations; (3) will be primarily implemented through Victorian catchment and coastal management processes, where regional communities develop Government approved regional catchment strategies and plans in which they identify the regional environmental, social and economic values of surface waters and, after careful consideration of their environmental, social and economic needs, set appropriate goals, priorities and environmental targets for catchment and coastal environments; (4) has been developed to reflect relevant national, Murray Darling Basin and State legislation and policies, and provide further guidance to the catchment and coastal management processes; (5) clarifies the responsibilities of Victorian State and local government agencies, businesses and communities in achieving these outcomes; and (6) provides an agreed structure for the implementation of the Environment Protection Act 1970, as it applies to surface water environments, including the use of regulation and other statutory and non-statutory tools. PART III: POLICY AREA AND SEGMENTS 8. Policy area The policy area is represented in Figure 1 and includes all Victorian surface waters and the catchments that supply them. For the purpose of the Policy, surface waters excludes groundwaters and waters within artificial wastewater treatment systems, reticulated water supply distribution systems, off-stream private dams, and piped or underground drains. While the Policy’s beneficial uses and environmental quality objectives apply to surface waters, the provisions of the attainment program apply to both surface waters and their catchments, and to activities undertaken within them that may impact on surface waters. Unless otherwise stated in a State environment protection policy, the provisions of this Policy must be observed throughout the policy area. 9. Segments The following segments of the surface water environment are outlined in the policy area and are represented in Figure 1 and described in Annex A. (1) Aquatic Reserves segment; (2) Wetlands and Lakes segment; (3) Rivers and Streams segments - (a) Highlands; (b) Forests A; (c) Forests B; (d) Cleared Hills and Coastal Plains; and (e) Murray and Western Plains. (4) Marine and Estuarine segments - (a) Estuaries and Inlets; (b) Open Coasts;

(c) Port Phillip Bay; (d) Western Port; and (e) Gippsland Lakes. The Environment Protection Authority will determine to which segment any surface water belongs and will provide information to stakeholders on the precise location of any segment boundary.

Figure 1: Boundaries of the policy area and segments.

Highlands Forests-A Forests-B Cleared Hills and Coastal Plains Murray and Western Plains # Estuaries and Inlets Open Coasts Port Philip Bay Western Port Gippsland Lakes

# #### ### # # # #### # ## # # # ## ## # # # # ## ## # # ### ## # # ## # ## # #

( (( ( ( ( ( ( ( ( ( ( ( (

PART IV: BENEFICIAL USES 10. Beneficial uses A beneficial use is defined in the Environment Protection Act 1970 and includes a current or future environmental value or use of surface waters that communities want to protect. A beneficial use does not prohibit or permit the use of surface waters for any particular purpose, but requires surface waters to be of a suitable quality and quantity to support that use or value. Beneficial uses for each segment of the water environment are listed in Table 1 and marked with a “”. The variation of environmental quality of surface waters on a state-wide scale will mean that: (1) some beneficial uses are currently protected and will remain protected;

(2) some beneficial uses may not be fully attained in all segments within the 10-year lifetime of the Policy. In these cases, the regional catchment and coastal management processes will set regional targets to be achieved over the Policy’s life, as provided for in clauses 15, 16 and 24; (3) some beneficial uses in some surface waters may not be fully attained due to extensive environmental modification. This should be taken into account when developing and prioritising actions to improve environmental quality. Beneficial uses are protected except: (1) in circumstances where the background level would not provide for their protection; (2) in artificial stormwater drains, artificial agricultural drains, artificial irrigation channels and drains or artificial wetlands (see clauses 46 and 51). These artificial environments need to be managed for the purposes for which they were constructed and must be designed and managed so that they are not harmful to humans or have unacceptable impacts on animals, and so that their impact on surface waters is minimised. Although beneficial uses are not protected in these artificial environments, it is not acceptable to dump or illegally discharge wastes into them. (3) where otherwise specified in the Policy (see clause 48).

Table 1: Beneficial uses to be protected. RIVERS & STREAMS MARINE & ESTUARINE

BENEFICIAL USES

A B

Aquatic Reserves Wetlands and Lakes Highlands - Forests - Forests Hills Cleared & Coastal Plains Murray & Western Plains Estuaries & Inlets CoastsOpen Phillip Port Bay Western Port Gippsland Lakes Aquatic ecosystems that are: largely unmodified      F6 F8 F3 slightly to moderately modified     highly modified Water suitable for: primary contact recreation          secondary contact recreation          aesthetic enjoyment          indigenous cultural and spiritual values          non-indigenous cultural and spiritual values          agriculture and irrigation       aquaculture        industrial and commercial use       human consumption after appropriate treatment       fish, crustacea & molluscs for human consumption        

F6 means refer to the beneficial uses set in the SEPP (Waters of Victoria) - Schedule F6. Waters of Port Phillip Bay. F8 means refer to the beneficial uses in the SEPP (Waters of Victoria) - Schedule F8. Waters of Western Port and Catchment. F3 means refer to the beneficial uses in the SEPP (Waters of Victoria) - Schedule F3. Gippsland Lakes and Catchment.

PART V: ENVIRONMENTAL QUALITY OBJECTIVES AND INDICATORS 11. Environmental quality objectives and indicators Surface waters and their aquatic ecosystems need to be free of any substance at a level, or human impact, that would pose a risk to beneficial uses. Risks would be manifested, for example, through human health impacts, the increased occurrence of fish kills and algal blooms, excessive growth of aquatic plants, sedimentation, loss of biodiversity and environmental flows, loss of cultural and spiritual values, objectionable odours, colours, taints, visible floating material, foam, oil or grease or dirty water. The environmental quality objectives describe the level of environmental quality needed, in most surface waters, to avoid risks to beneficial uses and to protect them. If an objective is not attained, the beneficial uses are likely to be at risk. The non-attainment of an objective will trigger further investigation to assess risks to beneficial uses. If a risk is posed to beneficial uses, mitigating actions (that are consistent with the attainment program) need to be implemented. Environmental quality objectives and indicators specific to the policy area are described in Schedule A. Although environmental quality objectives need to be attained as soon as practicable, the variation of environmental quality of surface waters on a State-wide scale will mean that: (1) the environmental quality of some surface waters will be better than the environmental quality objectives. In these cases, environmental quality should remain as close as practicable to background levels; (2) the environmental quality objectives for some surface waters may not be attained due to natural variation. In these cases, the background level becomes the environmental quality objective; (3) the environmental quality objectives may not be attained in all segments within the 10 year lifetime of the Policy. In these cases, regional targets need to be set for environmental rehabilitation (as outlined in clause 24); (4) the environmental quality objectives for some surface waters may not be attained due to extensive environmental modification. This should be taken into account when developing and prioritising actions to improve environmental quality and protect beneficial uses.

PART VI: ATTAINMENT PROGRAM 12. Practicability Over the lifetime of the Policy, environment management practices that effectively minimise environmental risks to beneficial uses need to be implemented for a range of activities. These may include the implementation of best practice if required to ensure effective environmental management. This attainment program provides a series of environment management practices and actions that protection agencies, businesses and communities need to implement to improve environmental quality and help protect beneficial uses. Practices and actions included in the Policy need to be implemented on a priority basis to the extent practicable over its 10 year life, taking into account environmental, social and economic considerations. KEY RESPONSIBILITIES FOR IMPLEMENTING THE POLICY Communities, businesses and protection agencies, including catchment management authorities, regional coastal boards, water authorities, municipal councils and relevant State government agencies, have

responsibilities to plan or manage Victoria’s surface waters, and activities that impact on them, in an ecologically sustainable manner. To guide the protection of beneficial uses, clause 13 identifies general responsibilities for implementing the Policy and clauses 14 to 23 identify key responsibilities and goals that the Environment Protection Authority, key protection agencies, industries and communities should aim for over the 10 year lifetime of the Policy. 13. General responsibilities for implementing the Policy While the Environment Protection Authority is responsible for ensuring the overall implementation of the Policy, its implementation on a daily basis is the shared responsibility of protection agencies, businesses and communities. Given this shared responsibility, EPA will work with protection agencies to, by January 2004, agree on State-wide priority programs to implement the Policy and improve environmental quality. The Policy’s implementation on a regional basis will be primarily planned for through regional catchment strategies and, where relevant, coastal action plans. To implement the Policy: (1) protection agencies need to ensure that statutory and strategic planning tools and decisions are consistent with the Policy; (2) protection agencies need to work with one another, and with businesses and communities to implement agreed environment improvement programs and actions; (3) relevant protection agencies and relevant businesses need to ensure the coordinated and quality controlled monitoring of ambient environmental quality and the impact of wastewater discharges on surface waters; (4) protection agencies and businesses need to include in their annual reporting processes actions taken to implement the Policy, so that the Environment Protection Authority can report to the Victorian community on policy implementation and its effectiveness in protecting beneficial uses; (5) protection agencies and businesses need to ensure that actions they take to implement the Policy are reviewed and periodically independently audited; (6) protection agencies and academic institutions need to ensure that research is undertaken to increase the understanding of environmental quality, and actions to protect beneficial uses. In particular, research needs to focus on: (a) developing specific beneficial uses and environmental quality objectives for lakes, estuaries and wetlands, suspended sediments, environmental flows and aquatic habitats; and (b) improved environment monitoring and assessment tools. (7) protection agencies need to provide information to Victorians on the impacts of human activities on surface waters and actions to minimise these impacts. 14. Environment Protection Authority The Environment Protection Authority has a responsibility to enable the protection of the beneficial uses of Victoria’s environment through employing a range of measures consistent with its responsibilities under the Environment Protection Act 1970. In carrying out these responsibilities, it is important that the Environment Protection Authority provides support to communities, businesses and protection agencies to ensure the implementation of the Policy. During the lifetime of the Policy, a goal of the Environment Protection Authority will be to work with protection agencies, businesses and communities to:

(1) assist catchment management authorities, regional coastal boards and regional communities to develop Government approved regional catchment strategies and plans, which identify the regional environmental, social and economic values of surface waters and, after careful consideration of environmental, social and economic needs, set appropriate goals, priorities and environmental targets for catchment and coastal environments; (2) use Victoria’s statutory environmental audit system to enable independent audits of the progress towards implementing the Policy, attainment of the environmental quality objectives and regional targets, and the protection of beneficial uses. This needs to be undertaken within the context of monitoring and evaluating the use of Victoria’s natural resources (see clauses 19, 41, 51 and 55). (3) report to the Victorian community on the progress towards implementing the Policy, attainment of the environmental quality objectives and regional targets, and the protection of beneficial uses; (4) ensure the development of the environmental quality objectives as listed in clause 11; (5) provide reliable information to Victorians on waste avoidance and reuse, pollution control, cleaner production and eco-efficiency; (6) provide tools for measuring and reducing environmental impacts; and (7) focus on providing guidance, and use partnership, audit, regulatory and enforcement tools, to minimise the impact of: (a) wastewater discharges; (b) urban stormwater runoff; (c) intensive agriculture; (d) aquaculture; (e) water extractions; (f) port, marina and vessel operations. 15. Catchment management authorities Catchment management authorities have a responsibility to coordinate the ecologically sustainable development and use of catchments, floodplains and waterways, and where relevant estuaries and coasts, through many mechanisms, including the protection and rehabilitation of water quality, flow and aquatic habitats. In carrying out these responsibilities, it is important that catchment management authorities work with protection agencies, regional communities and businesses to develop Government approved regional catchment strategies and plans, which identify the regional environmental, social and economic values of surface waters and, after careful consideration of environmental, social and economic needs, set appropriate goals, priorities and environmental targets for catchment and coastal environments. During the lifetime of the Policy, a goal of catchment management authorities will be to work with the Department of Sustainability and Environment, the Department of Primary Industries, regional resource managers, municipal councils and industry sectors to assist urban and rural landholders to use land sustainably and to reduce the impact of catchment activities on surface waters. In the Port Phillip and Western Port catchments, the Port Phillip and Western Port Catchment Management Authority, in consultation with stakeholders, needs to set priority programs and regional targets for catchment management. In the same region, Melbourne Water and the Port Phillip and Western Port Catchment Management Authority need to work in partnership and in consultation with stakeholders, to set priority programs and targets for waterway management.

16. Regional coastal boards Regional coastal boards have a responsibility to provide advice on, and undertake, strategic planning to enable the ecologically sustainable development of coastal environments. In carrying out these responsibilities, it is important that regional coastal boards work with catchment management authorities to include in regional catchment strategies and, where relevant, in coastal action plans priority programs and regional targets aimed at achieving the protection of beneficial uses. As regional coastal boards are advisory bodies, they should set priority actions in conjunction with relevant protection agencies. During the lifetime of the Policy, a goal of regional coastal boards will be to work with catchment management authorities, the Department of Sustainability and Environment, Parks Victoria and municipal councils to ensure an integrated approach to protecting estuarine beneficial uses. This could be achieved through including in their coastal action plans, management actions, monitoring, reporting and research provisions to protect and rehabilitate estuaries. 17. Municipal councils Municipal councils have a range of responsibilities which impact on surface waters, including the planning and approval of sustainable land use, domestic wastewater management, urban stormwater, and where relevant, floodplain management. In carrying out these responsibilities, it is important that municipal councils work with the Environment Protection Authority, catchment management authorities and other protection agencies to ensure their municipal planning schemes, statutory approvals and municipal programs are consistent with the Policy and regional catchment strategies, and help to protect beneficial uses. During the lifetime of the Policy, a goal of municipal councils will be to ensure that land use planning decisions and approvals consider the capability of land to sustain the use, that stormwater and domestic wastewater management is improved and, where relevant, that sediment runoff from unsealed roads is reduced. 18. Water authorities Water authorities have various responsibilities to provide water and wastewater services in an ecologically sustainable manner. In carrying out relevant responsibilities, it is important that water authorities work with catchment management authorities and other protection agencies to develop and implement relevant priority actions. During the lifetime of the Policy, a goal of relevant water authorities will be to: (1) work with the Department of Sustainability and Environment, Department of Primary Industries, catchment management authorities and landholders to minimise the impact of irrigation drains and agricultural drains on beneficial uses; (2) provide environmental flows as required under the Water Act 1989; (3) work with the Environment Protection Authority and the Department of Sustainability and Environment to improve the management of trade wastes and to minimise the impact of wastewater on beneficial uses. 19. Department of Sustainability and Environment The Department of Sustainability and Environment is responsible for overseeing sustainable catchment, coastal and water management. In carrying out its responsibilities in respect of catchment and water management, it is important that the Department of Sustainability and Environment continues to work with catchment management authorities, regional coastal boards, water authorities and other protection agencies, to assist in the development and implementation of regional priority

programs and regional targets. By January 2004, the Department will work with the Environment Protection Authority, catchment management authorities and other protection agencies to develop a framework for monitoring and evaluating the implementation of regional catchment strategies including priority programs, regional targets, the attainment of environmental quality objectives and the protection of beneficial uses. This framework will outline the role of independent auditing within the context of monitoring and evaluation. During the lifetime of the Policy, a goal of the Department of Sustainability and Environment will be to continue its work in developing State-wide strategies, supporting planning and guiding investment in sustainable natural resource management and developing management tools, including market mechanisms and incentives, to guide sustainable use of our natural resources. The Department will also continue to provide information on protecting and rehabilitating rivers, wetlands, lakes, estuaries and marine environments and their beneficial uses. 20. Department of Primary Industries The role of the Department of Primary Industries is to facilitate the sustainable development of Victoria’s primary industries to achieve strong economic activity, a high quality natural resource base in the long term, and resilient industries and communities. During the lifetime of the Policy, a goal of the Department of Primary Industries will be to develop partnerships with industry, communities, and government departments and agencies to promote the sustainable use of natural resources. 21. Parks Victoria Parks Victoria provides services to the Department of Sustainability and Environment to conserve, protect and enhance Victoria’s national, state, marine, regional and metropolitan parks and conservation reserves, and related water environments. In carrying out these responsibilities, it is important that Parks Victoria ensures that its activities are consistent with the Policy and help to protect beneficial uses. During the lifetime of the Policy, a goal of Parks Victoria will be to work with catchment management authorities, regional coastal boards, the Department of Sustainability and Environment, municipal councils and communities to ensure that a priority is placed on protecting the beneficial uses of the aquatic ecosystem, spiritual and cultural values and where relevant, recreation, in rivers, wetlands and estuaries of high conservation value. 22. Industry sectors To protect beneficial uses, the potential impacts of existing and future human activities need to be minimised. Industry sectors, incorporating peak bodies, producers, manufacturers and service providers, can play a significant role in this by developing environment management systems aimed at increasing the eco-efficiency and reducing the environmental impacts and resource intensity of their industries. The Environment Protection Authority will provide guidance to industries to assist them to develop environment management systems. Industry peak bodies and representatives need to negotiate implementation programs with their members and suppliers, and with protection agencies, that include incentives, effective environmental management practices, implementation targets, reporting, monitoring, evaluation and independent audit provisions and cleaner production measures. During the lifetime of the Policy, a goal of industry bodies and representatives will be to work with their members and suppliers to account for all costs associated with producing goods and services, including those associated with natural resource use and environmental impacts. 23. Communities

Community members have responsibilities to protect the beneficial uses of Victoria’s surface waters. These include a responsibility to manage their activities to minimise direct impacts on surface waters and to efficiently use natural resources to avoid the generation of waste and wastewater. In carrying out these responsibilities, it is important that community members (including indigenous groups) support and feed into the regional planning processes of catchment management authorities, regional coastal boards and municipal councils, to identify beneficial uses they value and actions aimed at achieving their protection. This is important not only to ensure that communities help protect beneficial uses, but also to ensure indigenous and non-indigenous cultural and spiritual values are incorporated into regional catchment strategies and regional coastal plans. GUIDANCE 24. Regional target setting It is recognised that not all beneficial uses will be able to be fully protected, and not all environmental quality objectives will be met, within the lifetime of the Policy. In these cases, targets to drive the progressive rehabilitation of environmental quality need to be developed. The regional target setting process needs to include: (1) regional aspirational targets that are based on maximising the protection of beneficial uses and the attainment of the Policy’s environmental quality objectives; (2) regional resource condition targets that provide measurable and time-bound progress towards the attainment of regional aspirational targets by taking into account regional environmental, social and economic values; (3) regional management action targets that are set to assess the implementation of rehabilitation actions that will lead to the achievement of regional resource condition targets. Targets need to be set through regional catchment strategies and plans and where relevant, coastal action plans, led by catchment management authorities and regional coastal boards, as outlined in clauses 15 and 16. It is important that these regional targets are set through considering both State and regional environmental, social and economic values and result in the best overall outcome for regional and Victorian communities. It is also important that regional targets are set according to priorities for environmental protection and rehabilitation as determined through regional catchment and coastal planning processes, with priority given to maintaining beneficial uses in areas of high conservation value and maintaining beneficial uses that are currently protected. The Environment Protection Authority and the Department of Sustainability and Environment will work with catchment management authorities and regional coastal boards to establish a process and timelines for development of targets. 25. Guidance on environmental management The Environment Protection Authority and protection agencies will provide guidance to stakeholders to assist in implementing the Policy and in reducing the impact of specific activities and industries on surface waters. This guidance may include guidelines and protocols for environmental management, as provided for by the Environment Protection Act 1970, which will be publicly developed and approved by the Environment Protection Authority. (1) In particular, the Environment Protection Authority will work with protection agencies, businesses and communities to develop guidance on: (a) the application of an environmental risk assessment framework;

(b) wastewater management, including mixing zones, on-site domestic wastewater management, wastewater reuse and offsets; (c) the use of Victoria’s statutory environmental audit system; and (d) use and storage of biocides and fertilisers in and near surface waters. (2) To help reduce the impact of current and future activities on surface waters, this guidance needs to be incorporated into planning and approvals processes, including environmental improvement plans or management systems, and needs to be implemented by stakeholders in accordance with a program negotiated with industry sectors or protection agencies. 26. Off-set measures The Environment Protection Authority may approve, for a specified period, a discharge of a lower quality from a premises than would otherwise be acceptable if the occupier of the premises agrees to, in consultation with the community, implement and maintain any off-set measures that offer either equivalent or greater protection of beneficial uses within the affected segment or segments. Continuation of these arrangements will be conditional on the Environment Protection Authority being satisfied that the off-set continues to offer either equivalent or greater protection of beneficial uses according to the agreed plan and does not result in unacceptable local impacts. To provide greater clarity on off-set measures, the Environment Protection Authority will work with protection agencies, businesses and communities to provide guidance on developing and approving off-set measures. WASTE AND WASTEWATER MANAGEMENT 27. Management of discharges to surface waters To protect beneficial uses, the discharge of wastes and wastewater from licensed and unlicensed premises and activities to surface waters must be managed in accordance with the waste hierarchy, with priority given to avoiding the generation of wastewater. In licensing a wastewater discharge, the Environment Protection Authority will: (1) consider the existing environmental quality of surface waters and protection of beneficial uses, and the potential impacts of future wastewater discharges on beneficial uses; (2) require licence holders to implement effective wastewater management practices that minimise environmental risks to beneficial uses. The Environment Protection Authority will provide guidance on wastewater management practices; (3) only approve wastewater management practices, including disinfection, that will not increase the toxicity of the wastewater discharge; and (4) not approve a wastewater discharge that, according to toxicity tests approved by the Environment Protection Authority, displays acute lethality at the point of discharge or causes chronic impacts outside any declared mixing zone, except that a waste discharge containing a non-persistent substance that degrades within any declared mixing zone may be approved. 28. New wastewater discharges The potential impact of new wastewater discharges needs to be minimised to protect beneficial uses. To enable this: (1) the Environment Protection Authority: (a) will require applicants for works approvals to incorporate measures that avoid, re-use and recycle wastewater;

(b) will, where a discharge can not be avoided, re-used and recycled, require applicants of works approvals to incorporate effective wastewater management practices to avoid the discharge resulting in the exceedance of environmental quality objectives in surface waters; (c) may approve a mixing zone as part of a discharge licence where a discharge can not practicably be avoided, reused and recycled, and where wastewater management practices are not effective in fully protecting beneficial uses; (2) the Environment Protection Authority will, if a licence is approved, ensure that it is consistent with the Policy and includes an environment improvement plan to progressively reduce the impacts of wastewater discharges on beneficial uses, and a monitoring program to assess the impact of the wastewater discharge on beneficial uses; and (3) will not approve any new discharges: (a) to the Aquatic Reserves, Wetlands and Lakes or Estuaries and Inlets segments or to waters in areas of high conservation significance, including those listed in Schedule B, except in accordance with the provisions of clause 31; (b) to waters in special water supply catchments or where a discharge will impact on authorised potable supplies; (c) where a discharge would pose an environmental risk to beneficial uses and best management practice has not been adopted. 29. Existing wastewater discharges To protect beneficial uses, the discharge of wastewater to surface waters needs to be managed to minimise environmental risks to beneficial uses. To enable this, the Environment Protection Authority: (1) will revise existing licences to ensure they are consistent with the Policy and include a monitoring program to assess the impact of wastewater discharges on beneficial uses; (2) will require licence holders to assess options to maximise the implementation of the waste hierarchy and develop environment improvement plans to implement preferred options and to progressively reduce the impacts of wastewater discharges on beneficial uses; and (3) may approve a mixing zone as part of a discharge licence where a discharge can not practicably be avoided, re-used and recycled, and where wastewater management practices are not effective in fully protecting beneficial uses. In particular, a priority needs to be placed on the avoidance, re-use, recycling and management of wastewater that is currently discharged to the Aquatic Reserves, Wetlands and Lakes or Estuaries and Inlets segments, unless that wastewater is managed in accordance with the provisions of clause 31. Where a discharge cannot be avoided, it must be below the low water mark and should be beyond the surf zone. 30. Mixing zones In issuing a licence, the Environment Protection Authority may approve a mixing zone where it is not practicable to avoid, re-use, recycle and effectively manage wastewater. Within a mixing zone, designated environmental quality objectives do not need to be met and therefore beneficial uses may not be protected. The Environment Protection Authority: (1) will not approve a mixing zone if it will result in: (a) environmental risks to beneficial uses outside the mixing zone;

(b) harm to humans, unacceptable impacts on plants and animals or where it will cause a loss of aesthetic enjoyment or an objectionable odour; (2) will require affected licence holders to develop and implement an environment improvement plan that includes effective management practices aimed at continuously reducing the size of the mixing zone and preferably achieving its complete elimination; (3) will regularly review mixing zones and the implementation of environment improvement plans, to ensure that the size of mixing zones is minimised; (4) will provide guidance on criteria for establishing an acceptable mixing zone, including requirements for community and stakeholder consultation. 31. Management of wastewater re-use and recycling It is important that the re-use and recycling of wastewater is sustainable and does not pose an environmental risk to the beneficial uses of surface waters and groundwaters. To enable this, wastewater re-use and recycling needs to be consistent with guidance from the Environment Protection Authority, including that provided in the Guidelines for Environmental Management – Use of Reclaimed Water (2002), as amended. If the Environment Protection Authority is satisfied that wastewater can be treated and managed to a level that will protect beneficial uses, the discharge of that wastewater to surface waters to provide water for the environment or other uses, is an acceptable form of re-use. The delivery of this water should consider such factors as seasonality, temperature and discharge rate. 32. On-site domestic wastewater management On-site domestic wastewater needs to be managed to prevent the transport of nutrients, pathogens and other pollutants to surface waters and to prevent any impacts on groundwater beneficial uses. To enable this: (1) occupiers of premises with an on-site domestic wastewater system need to manage that system in accordance with permit conditions and the Code of Practice - Septic Tanks On-site Domestic Wastewater Management (2003), as amended. Occupiers also need to regularly assess the performance of their system against permit conditions. (2) municipal councils need to: (a) prior to approving a development, assess the suitability of land for on-site domestic wastewater systems. To assist in this, the Environment Protection Authority will provide guidance including that in Land Capability Assessment for Onsite Domestic Wastewater Management (2001), as amended; (b) ensure that sewerage is provided at the time of sub-division, if the use of on-site domestic wastewater systems would result in wastewater being discharged beyond allotment boundaries or would impact on groundwater beneficial uses; (c) ensure that permits are consistent with guidance provided by the Environment Protection Authority, including that provided in the Code Of Practice - Septic Tanks On-Site Domestic Wastewater Management (2003), as amended; (d) work with the Environment Protection Authority to identify existing unsewered allotments which are not capable of preventing the discharge of wastewater beyond allotment boundaries, or preventing impacts on groundwater beneficial uses; and (e) where relevant, develop and implement a domestic wastewater management plan, in conjunction with water authorities and communities, that:

(i) reviews land capability assessments and available domestic wastewater management options to prevent the discharge of wastewater beyond allotment boundaries and prevent impacts on groundwater beneficial uses; (ii) identifies the preferred options, together with costs, funding needs, timelines and priorities; and (iii) provides for the assessment of compliance of on-site domestic wastewater systems with permit conditions. 33. Sewerage planning If reticulated sewerage is identified in a domestic wastewater management plan as the preferred option for improved domestic wastewater management, water authorities or water companies, in conjunction with the Environment Protection Authority and municipal councils, and in consultation with the local community, need to develop and submit to Government a sewerage management plan that: (1) reviews available wastewater management options; (2) identifies the preferred types and levels of sewerage services to be provided, together with costs and funding options; (3) identifies priorities and possible timelines for the provision of services; (4) identifies how the wastewater collected will be sustainably managed in accordance with the waste hierarchy; and (5) provides for a three yearly review of the plan and priority areas for sewering. 34. Connection to sewerage Where sewerage is provided, premises must be connected to the sewerage system, unless wastewater is re-used in accordance with guidance provided by the Environment Protection Authority and is retained on-site. Where sewerage is provided, and upon written advice from the Environment Protection Authority, relevant water authorities or companies will be responsible to ensure that premises that can not retain wastewater on-site, are connected to sewerage. 35. Sewerage management Losses of wastewater through sewer overflows, leakages and collapses need to be avoided to protect beneficial uses. Where these cannot be avoided, they must be minimised and controlled. To enable this, the Environment Protection Authority will: (1) provide guidance to relevant water authorities on sewerage system performance requirements. Sewerage infrastructure needs to contain flows associated with a 1-in-5-year rainfall event or a comparable design standard that avoids losses of wastewater; (2) ensure that new sewerage treatment works are not constructed on floodplains; and (3) ensure existing sewerage treatment and pumping works on floodplains are managed in a manner that prevents entry of floodwater and avoids impacts on beneficial uses. 36. Saline discharges The discharge of saline wastewater, including discharges from groundwater pumping and irrigation drains, should not pose an environmental risk to beneficial uses. To enable this, relevant protection agencies, in particular water authorities, the Department of Primary Industries, the Department of Sustainability and Environment, and relevant businesses need to implement the waste hierarchy to maximise the avoidance, re-use and recycling of saline wastewater before discharging it to surface

waters. Where saline wastewater cannot be practicably avoided, re-used and recycled, its impact on surface waters needs to be minimised by discharging saline wastewater to artificial drains or evaporation basins or through treatment, including dilution, to minimise environmental risks posed to beneficial uses. Any discharge of saline water to surface waters needs to be in accordance with Government approved salinity plans and strategies and the Murray Darling Basin Agreement. 37. Chemical management Chemicals including biocides, fertilisers, oil and fuel, other hazardous substances and prescribed industrial wastes need to be managed to minimise environmental risks to beneficial uses. To ensure this: (1) chemicals and hazardous substances must not be stored in or adjacent to surface waters, drainage lines or floodplains, unless the storage facilities prevent them from coming into contact with surface waters; (2) protection agencies and businesses that use, store or transport chemicals and hazardous substances must develop and maintain plans for the avoidance of spills, leakages or breakdowns. Contingency plans need to include emergency holding and clean up measures, actions to minimise environmental risks to beneficial uses, methods for disposal of spilled materials and staff training in operating and emergency response procedures; (3) the Environment Protection Authority will work with protection agencies, businesses and communities to develop guidance for the use and storage of biocides and fertilisers in or near surface waters. Instream and riparian chemical spraying practices need to be consistent with guidance approved by the Environment Protection Authority. In particular, instream and riparian spraying needs to be avoided in the Aquatic Reserves and Highlands segments. 38. Spills, illegal discharges and dumping of waste Protection agencies and businesses must undertake measures to prevent the spillage of chemicals, oil, grease, oily mixtures or other hazardous substances into surface waters. (1) In the case of marine spills or illegal discharges or dumping of waste, it is the responsibility of Marine Safety Victoria to ensure that response arrangements are conducted in accordance with the National Plan to Combat Pollution of the Sea by Oil and other Noxious Substances, the Victorian Marine Pollution Contingency Plan and any other relevant State or regional marine pollution contingency plans. In carrying out these responsibilities, Marine Safety Victoria needs to ensure that: (a) port managers and industries in ports and port waters provide and maintain adequate spill response capabilities and, when required, respond to marine spills or illegal discharges; (b) spills are physically reclaimed or where reclamation is not practicable, clean-up methods that pose the least risk to the aquatic ecosystem are used; and (c) a protocol for use of dispersants in marine waters is developed, and includes provisions for the avoidance of dispersant use where practicable. This protocol must be approved by the Environment Protection Authority. (2) In the case of inland spills, or illegal discharges and dumping of waste, the Environment Protection Authority will work with protection agencies, particularly relevant surface water managers and relevant municipal councils to enable them to implement response and clean-up arrangements;

(3) Where a spill occurs, the Environment Protection Authority will undertake enforcement consistent with its responsibilities under the Environment Protection Act 1970, the Pollution of Waters by Oil and Noxious Substances Act 1986 and its Enforcement Policy. 39. Animal wastes Animal wastes must not be dumped into surface waters and the runoff of animal wastes to surface waters needs to be minimised. To enable this: (1) the Department of Primary Industries, the Department of Sustainability and Environment, Parks Victoria and catchment management authorities need to encourage landholders and occupiers of Crown land to restrict stock access to surface waters; and (2) municipal councils need to encourage animal owners to collect animal wastes from public areas. WATER MANAGEMENT 40. Water conservation The protection of beneficial uses requires water of adequate quality and quantity. To conserve the use of potable water and ensure a sustainable water supply for all beneficial uses: (1) protection agencies, particularly water authorities and municipal councils, need to work with communities and businesses to implement water saving practices and measures, particularly for new developments; and (2) the Environment Protection Authority needs to work with protection agencies, communities and businesses to ensure that re-use and recycling of wastewater is maximised. 41. Water allocations and environmental flows To protect aquatic ecosystems, adequate environmental flows need to be provided to waterways, wetlands, lakes and estuaries. To enable this: (1) relevant protection agencies, particularly relevant water authorities, the Department of Sustainability and Environment and catchment management authorities need to work with other protection agencies, businesses and communities to develop and implement measures to provide environmental flows; (2) no increased allocation from any river, stream, lake, wetland or estuary should be approved unless it is consistent with the Water Act 1989 and is subject to a process which is designed to provide environmental flows; (3) the Department of Sustainability and Environment will work with catchment management authorities, relevant water authorities and the Environment Protection Authority to develop a program to review and periodically independently audit the provision of environmental flows and their effectiveness in protecting beneficial uses. 42. Releases from water storages Releases of flow from water storages to surface waters need to be managed to provide flows of a suitable quality, quantity and seasonal pattern to protect beneficial uses. To ensure this, relevant water authorities and other water storage operators need to assess if releases from water storages pose an environmental risk to beneficial uses through altered flow patterns or variations of sediment, salt, nutrients, temperature, dissolved oxygen or other pollutants from downstream levels. If a risk is detected, relevant water authorities and other storage operators need to work with affected communities and stakeholders to implement measures to minimise these risks, monitor impacts on downstream surface waters and report impacts of water releases on beneficial uses to affected communities and stakeholders.

43. Surface water management and works Works on or adjacent to surface waters need to be managed to minimise environmental risks posed to the aquatic ecosystem and to protect other beneficial uses. To enable this, surface water managers need to: (1) ensure that works within or adjacent to surface waters are managed so that unnatural erosion, sediment re-suspension and other environmental risks to aquatic habitats are minimised; and (2) ensure that existing and new in-situ structures do not pose a barrier to native fish movement. 44. Dredging and desilting management Dredging and desilting activities, including estuary openings, need to be managed to minimise the re- suspension and transport of sediments or other pollutants that pose an environmental risk to beneficial uses. To enable this, those who undertake dredging and desilting activities need to use effective management practices as adopted by the Environment Protection Authority, including those outlined in the Best Practice Environmental Management Guidelines for Dredging (2001), as amended. 45. Groundwater management In accordance with the State environment protection policy (Groundwaters of Victoria), catchment activities should not pose an environmental risk to groundwater beneficial uses. Conversely, groundwater managers and those who use groundwater need to ensure that their activities do not pose an environmental risk to surface water beneficial uses, particularly through the excessive extraction of water and the subsequent prevention of surface water environmental flows, and through reducing the quality of adjoining surface waters. 46. Urban stormwater Artificial stormwater drains and artificial stormwater management wetlands need to be managed for the purposes for which they were constructed (see clause 10). They need to be designed and managed so that their waters are not harmful to humans or have unacceptable impacts on animals, and so that the impacts of flow, sediments, nutrients, toxicants, litter and other pollutants on surface waters are minimised. To enable this, the Environment Protection Authority and relevant protection agencies will: (1) support municipal councils in developing stormwater management plans and in implementing effective management practices to minimise the generation and transport of pollutants, particularly from new developments and drainage systems; (2) provide guidance on practices to minimise the impacts of urban stormwater including that provided in the Best practice environmental management guidelines for urban stormwater (1999) as amended; (3) work with municipal councils, businesses and communities to prevent wastewater discharges to stormwater drains; (4) assist municipal councils to monitor and report to the community and relevant stakeholders on the impact of stormwater drains on surface waters, on a priority basis as identified through stormwater management plans; (5) work with municipal councils and the Department of Infrastructure to ensure new developments include effective practices to manage stormwater runoff volumes and minimise runoff of pollutants in stormwater; and (6) assist municipal councils to provide to communities and businesses, education and awareness raising material on stormwater management and pollution avoidance measures.

47. Ports, marinas and vessels Port, marina and vessel operation and maintenance activities need to be managed to minimise environmental risks to beneficial uses. To enable this: (1) operators of vessels must not discharge to surface waters sewage, oil, garbage, sediment, litter or other wastes that pose an environmental risk to beneficial uses. To help achieve this, operators of vessels need to install effective waste containment facilities on board, to enable the transfer of wastes to approved treatment or disposal facilities. In particular, a priority needs to be placed on containing sewage waste from vessels with toilet or overnight accommodation facilities; (2) the Environment Protection Authority, the Department of Infrastructure and Marine Safety Victoria will work with other relevant protection agencies, port and marina managers, and shipping and boating industries to develop and implement programs to manage sewage, oil, garbage, sediment, litter or other wastes, on vessels; (3) port owners or managers need to develop and implement environment improvement or management plans, in conjunction with operators of businesses in ports and port waters and local communities. These plans need to include effective management practices for port and port related activities, including, where relevant, the provision of vessel waste reception facilities, ballast water management, stormwater management, vessel loading and unloading, and containment of wastes from vessel maintenance. The provisions of these plans need to be incorporated into the operations of businesses in ports or port waters. (4) marina owners or managers need to develop and implement environment improvement or management plans that are consistent with guidance from protection agencies including that provided or adopted by the Environment Protection Authority in the Cleaner marinas: EPA guidelines for protecting Victoria's marinas (1998), as amended and the Best Practice Guidelines for Waste Reception Facilities At Ports, Marinas And Boat Harbours In Australia and New Zealand (1997), as amended. 48. Aquaculture activities Aquaculture activities need to be managed so that environmental risks to beneficial uses, particularly those posed by inputs of nutrients, pathogens and aquatic pests, are minimised. To enable this, the Environment Protection Authority, the Department of Primary Industries and the Department of Sustainability and Environment will: (1) ensure that aquaculture operators implement effective environmental management practices and appropriate environmental monitoring systems; (2) provide guidance on effective management practices and environmental monitoring requirements to managers of aquaculture operations. The beneficial use of aquaculture is only protected in areas where the environmental quality is suitable and where it has been approved by the Government in accordance with the Fisheries Act 1995. 49. Aquatic pests Activities associated with the introduction and spread of aquatic pests, including ballast water discharge, hull fouling and the release of exotic species, need to be managed to minimise the environmental risks of their introduction and spread. To enable this: (1) the Environment Protection Authority, the Department of Sustainability and Environment, the Department of Primary Industries and the Department of Infrastructure will work with businesses

and communities to develop and implement measures to minimise the risks of the introduction of aquatic pests; and (2) the Department of Primary Industries, the Department of Sustainability and Environment, Parks Victoria and where relevant, catchment management authorities, need to continue to develop and implement strategies and programs for the control and management of the impacts of marine and freshwater pests. CATCHMENT MANAGEMENT 50. Agricultural activities Effective agricultural management practices need to be implemented by landholders to minimise the runoff of pollutants such as sediment, nutrients, salt, biocides, pathogens and litter to surface waters. To achieve this, the Department of Primary Industries, Department of Sustainability and Environment, catchment management authorities and industry sectors need to enable landholders to develop and implement effective management practices aimed at: (1) utilising land sustainably and within its capability; (2) minimising nutrient and fertiliser runoff; (3) minimising toxicant runoff through appropriate use of biocides; (4) minimising sediment runoff through the implementation of soil conservation and erosion control measures, including the control of stock access to surface waters and runoff from areas of high stock concentration and farm roads; (5) minimising sediment, toxicant, saline and nutrient runoff from irrigated land to irrigation drains by using efficient irrigation practices and reuse; and (6) minimising the runoff of sediments, nutrients, litter and other pollutants to agricultural drains. It is important that farm management practices aim to implement relevant environment management systems and cleaner production and eco-efficient practices developed by or for their industry sector. 51. Irrigation channels and drains Artificial irrigation channels and artificial irrigation drains need to be managed for the purposes for which they were constructed (see clause 10). They must be designed and managed so that their waters are not harmful to humans or have unacceptable impacts on animals, and so that the impact of their flow, sediments, nutrients, salt and other pollutants on surface water and groundwater is minimised. To enable this: (1) the Department of Primary Industries, the Department of Sustainability and Environment, the Environment Protection Authority, catchment management authorities, relevant water authorities and industry sectors need to work together to minimise pollutants entering irrigation drains by: (a) developing and implementing Government endorsed land and water management plans; (b) working with irrigators to implement efficient irrigation and water re-use practices for existing irrigation schemes; (c) ensuring that new developments incorporate efficient irrigation and water re-use practices; (d) facilitating research into efficient irrigation practices; and (e) benchmarking irrigation water delivery and use efficiency, and monitoring, reviewing and independently auditing against this benchmark and best management irrigation practice. (2) Relevant water authorities need to:

(a) implement practices to minimise pollutants generated within irrigation channels and drains and to minimise the impact of discharges from irrigation channels and drains on surface waters; (b) monitor, on a priority basis, the impact of discharges from irrigation channels and drains on surface waters; and (c) work with the Department of Sustainability and Environment, the Department of Primary Industries, the Environment Protection Authority and catchment management authorities to identify a credible, independent audit system and use it to audit the impact of irrigation drain discharges on surface waters. 52. Intensive agricultural industries Wastes and wastewater from intensive agricultural industries (excluding fish farms and aquaculture) must not be discharged to surface waters. To enable this, managers of intensive agricultural operations need to implement effective management practices that are consistent with guidance from protection agencies, including where relevant, that provided in approved protocols, guidelines and codes of practice. The Environment Protection Authority and the Department of Primary Industries will work together to provide guidance to managers of intensive agricultural activities on cleaner production and waste minimisation measures. 53. Vegetation protection and rehabilitation Aquatic, riparian and coastal vegetation needs to be protected and rehabilitated, to achieve the goal of net gain in extent and quality of coastal, aquatic and riparian vegetation over the lifetime of the Policy. To achieve this, relevant protection agencies, particularly the Department of Sustainability and Environment, Parks Victoria, catchment management authorities, regional coastal boards and municipal councils, need to work with communities to minimise the removal of, and rehabilitate, native vegetation within or adjacent to surface waters. 54. Recreational activities Recreation activities need to be managed and undertaken so they do not pose an environmental risk to beneficial uses. To enable this, protection agencies: (1) in particular the Department of Sustainability and Environment, Parks Victoria and municipal councils need to prohibit or control recreational activities where required to protect beneficial uses; and (2) need to manage the use of powerboats and other activities in surface waters where the resulting wave or propeller action may result in a level of erosion or sediment dispersal that poses an environmental risk to beneficial uses. 55. Forestry activities Forestry activities, on both public and private land, need to be managed to minimise land disturbance and the runoff of pollutants, particularly sediments, to surface waters. To enable this, forestry managers and operators need to implement effective management practices for forestry activities. Management practices need to comply with the Code of Forest Practices for Timber Production (1996), as amended, (the Code). It is important that the compliance of forestry activities with the Code is periodically independently audited. As a priority, the Environment Protection Authority will ensure that independent audits of forestry activities on public land are conducted, to assess compliance with the Code. This will be done using Victoria’s statutory environmental audit system.

The Environment Protection Authority and the Department of Sustainability and Environment and municipal councils will provide guidance on minimising sediment runoff from forestry activities. 56. Construction activities Construction works need to be managed to minimise land disturbance, soil erosion and the discharge of sediments and other pollutants to surface waters. To enable this, construction managers need to implement effective management practices that are consistent with guidance from the Environment Protection Authority, including that provided in the Environmental Guidelines for Major Construction Sites (1996), as amended and Construction Techniques for Sediment Pollution Control (1991), as amended. Where construction activities adjoin or cross surface waters, construction managers need to monitor affected surface waters, to assess if beneficial uses are being protected. 57. Roads Road managers, including municipal councils and VicRoads, need to maintain and, where relevant, manage roads and infrastructure to minimise erosion and sediment and pollutant transport, particularly along urban, unsealed and forestry roads. A priority for managers of unsealed roads should be to maintain and, where relevant, upgrade those roads that adjoin or cross surface waters to minimise sediment runoff. A further priority for managers of forested roads and roads in areas of high conservation value is to close roads that are no longer needed. A priority of managers of sealed roads should be to manage contaminated stormwater runoff from roads. 58. Extractive industries Operators of extractive industries such as mines and quarries need to manage their operations so that sediment and other pollutants in runoff to surface waters and groundwater are minimised. To enable this, the Environment Protection Authority will ensure that all wastewater discharges from extractive industries are licensed and that environmental risks posed to beneficial uses are minimised. Part VII - ANNEXES ANNEX A – SEGMENT DEFINITIONS (1) Aquatic reserves segment consists of the surface waters in conservation reserves reserved or approved by Government for reservation, for the purposes of the conservation of their natural values under the Crown Land (Reserves) Act 1978, State Wildlife Reserves under the Wildlife Act 1975, areas proclaimed under the Reference Areas Act 1978, and areas listed in the Schedules of the National Parks Act 1975. (2) Wetlands and Lakes segment consists of surface waters in reservoirs, alpine bogs, large open lakes, inland hyper-saline lakes, floodplains and billabongs, swamps, mudflats and other water bodies, with the characteristic of being wet on a regular or semi-regular basis but not included in other segments. (3) Rivers and streams segments include the following but exclude rivers and streams included in the Aquatic Reserves segment: (a) Highlands segment consists of the mountain river and stream reaches in the Upper Murray, Mitta Mitta, Kiewa, Ovens, Goulburn, Yarra, Latrobe, Thomson, Macalister, Mitchell, Tambo and Snowy catchments. This segment is largely natural, with alpine and sub-alpine environments and is generally above 1,000 metres in altitude. (b) Forests–A segment consists of the upland river and stream reaches in the Upper Murray, Mitta Mitta, Kiewa, Goulburn, Yarra, Latrobe and Thomson catchments, and river and stream reaches in the Grampians, Strzelecki Ranges, Wilsons Promontory and far East Gippsland. This segment has minor disturbance, is mostly forested and is generally above 400 metres in altitude but also includes some coastal areas.

(c) Forests-B segment consists of the upland river and stream reaches in the Ovens, Broken, Goulburn, Macalister, Mitchell, Tambo and Snowy catchments, and river and stream reaches in the Otway Ranges. This segment has minor disturbance, is mostly forested and is generally above 400 metres in altitude. (d) Cleared Hills and Coastal Plains segment consists of the upper river and stream reaches in the Campaspe, Loddon, Avoca, Wimmera and Hopkins catchments, mid river and stream reaches in the Ovens, Broken and Goulburn catchments, lowland river and stream reaches and their catchments in the Barwon, Yarra, Latrobe, Thomson, Macalister, Mitchell, Tambo, Gellibrand and Snowy catchments, river and stream reaches in the Curdies, Moorabool, Werribee, Maribyrnong and Western Port catchments, and river and stream reaches in South Gippsland. This segment has a high level of disturbance, is generally extensively cleared, with some isolated remnant native forests and substantial urban centres. The cleared hills are generally above 200 metres in altitude and the coastal plains are below 200 metres in altitude. (e) Murray and Western Plains segment consists of lowland river and stream reaches in the Kiewa, Ovens, Broken, Goulburn, Campaspe, Loddon, Avoca, Wimmera, Glenelg, and Hopkins catchments, and the river and stream reaches in the Mallee, Portland, Corangamite and Millicent Coast Basins. This segment has a high level of disturbance, is almost entirely cleared and under grazing, cropping or horticulture and is generally below 200 metres in altitude. (4) Marine and estuarine segments: (a) Estuaries and Inlets Segment consists of surface waters, other than Port Phillip Bay, Western Port and Gippsland Lakes, where marine intrusion into freshwater occurs. (b) Port Phillip Bay Segment consists of the marine and estuarine segments identified in the State environment protection policy (Waters of Victoria) - Schedule F6. Waters of Port Phillip Bay; (c) Western Port Segment consists of the marine and estuarine segments identified in the State environment protection policy (Waters of Victoria) - Schedule F8. Waters of Western Port and Catchment; (d) Gippsland Lakes Segment consists of the marine and estuarine segments identified in the State environment protection policy (Waters of Victoria) - Schedule F3. Gippsland Lakes and Catchment; (e) Open Coasts Segment consists of surface waters lying within 3 nautical miles of Victoria’s territorial baseline. PART VIII SCHEDULES SCHEDULE A – ENVIRONMENTAL QUALITY OBJECTIVES AND INDICATORS A1. Environmental quality objectives and indicators (1) Unless specific objectives are described in the Policy, the environmental quality objectives are those values specified in the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (2000) (the Guidelines). Unless otherwise stated, the level of ecosystem protection in the Guidelines that needs to be used to determine the objective is: (a) 99% for largely unmodified aquatic ecosystems; (b) 95% for slightly to moderately modified aquatic ecosystems; (c) 90% for highly modified aquatic ecosystems. As defined in table 3.4.1 denoted as level of ecosystem protection (% species).

(2) Environmental quality objectives specific to the Policy are described in Tables A1 to A6. (3) For the purpose of the Aquatic Reserves segment, environmental quality needs to remain at background levels. (4) Environmental quality objectives must be assessed using monitoring protocols approved by, or guidance provided by the Environment Protection Authority. (5) For the purposes of Tables A1 to A6, where referenced: (a) ‘T’ is the value listed in the Guidelines. (b) median and 75th/25th percentiles need to be calculated from a minimum of 11 data points collected from monthly monitoring over one year. (c) ‘urban’ includes surface waters that have a catchment area that is greater than 15% urbanised and the urban population is greater than 3,000. (d) ‘highland’ means greater than 1000 metres in altitude; (e) ‘upland’ means between 200 and 1000 metres in altitude. (f) ‘lowland’ means less than 200 metres in altitude. (g) F6 means refer to the objective set for Port Phillip Bay in the State environment protection policy (Waters of Victoria) - Schedule F6. Waters of Port Phillip Bay. (h) F8 means refer to the objective set for Western Port in the State environment protection policy (Waters of Victoria) - Schedule F8. Waters of Western Port and Catchment; (i) F3 means refer to the objectives set for the Gippsland Lakes in the State environment protection policy (Waters of Victoria) - Schedule F3. Gippsland Lakes and Catchment. (j) ISQG low refers to the values in the Guidelines in table 3.5.1, denoted as ISQG-low; (k) ISQG-High refers to the values in the Guidelines in table 3.5.1, denoted as ISQG-high; (l) T 95% refers to the values in the Guidelines in table 3.4.1, denoted as level of ecosystem protection (% species) – 95%; (m) R75 and R25 means that a single objective value could not be specified due a lack of data or variability of data collected in a segment. For these areas, the objective needs to be calculated and is the 75th and 25th percentile of data collected at reference sites. Reference sites are sites within segments that characterise background (or natural) levels, desirable conditions or the best available sites in that segment. (6) For the purpose of tables A2 and A3: (a) SIGNAL means Stream Invertebrate Grade Number – Average Level, which is an index of water pollution based on tolerance or intolerance of biota to pollution. (b) “AUSRIVAS” means Australian Rivers Assessment System, which consists of a predictive mathematical model for comparing the similarity of the invertebrate community of a sampled site to minimally disturbed reference sites. (c) EPT means Ephemeroptera, Plectoptera and Trichoptera, which are the pollution sensitive invertebrate orders commonly used as indicators. (d) O/E score means observed to expected ratio of macro-invertebrate families. (e) Bands means the division of the O/E scores into different levels of biological condition.

(f) Key families means the presence of a proportion of listed families which are indicative of good habitat and water quality. (g) Biological sampling must be undertaken: (i) using collection methods described in the Rapid bioassessment of Victorian streams: The approach and methods of the Environment Protection Authority (1998), as amended. (ii) in two seasons, spring and autumn, and from both riffle and pool habitats if present.

Table A1: Environmental quality objectives for rivers and streams – water quality SEGMENT INDICATOR Total Total Dissolved oxygen Turbidity Electrical pH phosphorus nitrogen % saturation (NTU) conductivity (pH units) (µg/L) (µg/L) (µS/cm)

75th 75th 25th percentile maximum 75th 75th percentile 25th 75th percentile percentile percentile percentile percentile Highlands • all areas ≤20 ≤150 ≥95 110 ≤5 ≤100 ≥6.4 ≤7.7 Forests – A • Wilsons Promontory, Strzelecki Ranges & ≤25 ≤500 ≥90 110 ≤5 ≤500 ≥6.4 ≤7.7 East Gippsland Coast • upper Murray, Kiewa & Mitta Mitta ≤25 ≤350 ≥90 110 ≤5 ≤100 ≥6.4 ≤7.7 catchments • the Grampians ≤25 ≤350 ≥90 110 ≤5 ≤500 ≥6.4 ≤7.7 • all other areas ≤25 ≤500 ≥90 110 ≤5 ≤100 ≥6.4 ≤7.7 Forests – B • Otway Ranges ≤25 ≤350 ≥90 110 ≤5 ≤500 ≥6.4 ≤7.7 • all other areas ≤25 ≤350 ≥90 110 ≤5 ≤100 ≥6.4 ≤7.7 Cleared Hills and Coastal Plains • lowlands of Barwon, Moorabool, ≤45 ≤600 ≥85 110 ≤10 ≤1500 ≥6.5 ≤8.3 Werribee, Maribyrnong, Curdies & Gellibrand catchments • lowlands of Yarra, Western Port, Latrobe, ≤45 ≤600 ≥85 110 ≤10 ≤500 ≥6.4 ≤7.7 Mitchell, Tambo, Snowy, Thomson & Macalister catchments • uplands of Moorabool, Werribee, ≤25 ≤600 ≥85 110 ≤10 ≤500 ≥6.5 ≤8.3 Maribyrnong, Campaspe, Loddon, Avoca, Wimmera and Hopkins catchments

Table A1: Environmental quality objectives for rivers and streams – water quality……. continued SEGMENT INDICATOR Total Total Dissolved oxygen Turbidity Electrical pH phosphorus nitrogen % saturation (NTU) conductivity (pH units) (µg/L) (µg/L) (µS/cm)

75th 75th 25th percentile maximum 75th 75th percentile 25th 75th percentile percentile percentile percentile percentile • mid-reaches of Ovens, Goulburn and ≤25 ≤600 ≥85 110 ≤10 ≤500 ≥6.4 ≤7.7 Broken catchments Murray and Western Plains • lowlands of Kiewa, Ovens, Goulburn & ≤45 ≤900 ≥85 110 ≤30 ≤500 ≥6.4 ≤7.7 Broken catchments • lowlands of Campaspe, Loddon & Avoca ≤45 ≤900 ≥80 110 ≤30 ≤1500 ≥6.5 ≤8.3 catchments • lowlands of Wimmera catchment & ≤40 ≤900 ≥80 110 ≤10 ≤1500 ≥6.5 ≤8.3 Mallee Basin • lowlands of Glenelg & Hopkins ≤40 ≤900 ≥85 110 ≤10 ≤1500 ≥6.5 ≤8.3 catchments, & Portland, Corangamite and Millicent Coast Basins

Table A2: Environmental quality objectives for rivers and streams – biological SEGMENT INDICATOR Number of SIGNAL EPT index AUSRIVAS Key families families index score score O/E score Band combined habitat score Highlands all areas • riffle 22 5.8 10 n/a n/a 18 • edge 13 6.2 4 n/a n/a Forests – A urban areas • riffle 18 5.6 6 0.61 B 18 • edge 18 5.4 5 0.57 B all other areas • riffle 21 6.0 9 0.87 A 22 • edge 22 5.7 7 0.86 A Forests – B urban areas • riffle 20 5.8 8 0.6 B 24 • edge 21 5.6 7 0.61 B all other areas • riffle 23 6.0 10 0.87 A 26 • edge 24 5.8 9 0.87 A Cleared Hills and coastal plains urban areas • riffle 21 5.3 n/a 0.47 B 20 • edge 23 5.3 n/a 0.55 B all other areas • riffle 23 5.5 n/a 0.82 A 22 • edge 26 5.5 n/a 0.85 A

Table A2: Environmental quality objectives for rivers and streams – biological….continued SEGMENT INDICATOR Number of SIGNAL EPT index AUSRIVAS Key families families index score score O/E score Band combined habitat score Murray and Western Plains urban areas • edge 22 5.0 n/a 0.61 B 16 all other areas • edge 23 5.3 n/a 0.87 A 21

Table A3: Lists of key families SEGMENT Highlands Forests A Forests B Cleared Hills and Murray and Western coastal plains Plains Aeschnidae Aeschnidae Aeschnidae Aeschnidae Aeschnidae Acarina Acarina Acarina Acarina Acarina Aphroteniinae Ameletopsidae Ameletopsidae Ancylidae Ancylidae Austroperlidae Ancylidae Ancylidae Atyidae Atyidae Baetidae Athericidae Athericidae Baetidae Baetidae Blepharoceridae Austroperlidae Atriplectidae Caenidae Caenidae Calocidae Baetidae Atyidae Calamoceratidae Calamoceratidae Ceratopogonidae Blepharoceridae Austroperlidae Ceinidae Ceinidae Chironominae Caenidae Baetidae Ceratopogonidae Ceratopogonidae Coloburiscidae Calocidae Caenidae Chironominae Chironominae Conoesucidae Ceratopogonidae Calamoceratidae Coenagrionidae Coenagrionidae Dixidae Chironominae Calocidae Conoesucidae Corbiculidae Dugesiidae Coloburiscidae Ceinidae Corixidae Cordylophora Elmidae Conoesucidae Ceratopogonidae Dixidae Corixidae Eusiridae Corduliidae Chironominae Dugesiidae Culicidae Eustheniidae Corixidae Coenagrionidae Dytiscidae Dytiscidae Gripopterygidae Corydalidae Coloburiscidae Ecnomidae Ecnomidae Helicophidae Dixidae Conoesucidae Elmidae Gerridae Hydrobiosidae Dugesiidae Corduliidae Gomphidae Gomphidae Hydropsychidae Dytiscidae Corixidae Gripopterygidae Gripopterygidae Hydroptilidae Ecnomidae Corydalidae Gyrinidae Gyrinidae Leptoceridae Elmidae Dixidae Hydrobiidae Hydrobiidae Leptophlebiidae Empididae Dolichopodidae Hydrobiosidae Hydrometridae Limnephilidae Eusiridae Dugesiidae Hydrometridae Hydrophilidae Nannochoristidae Eustheniidae Dytiscidae Hydrophilidae Hydroptilidae Neoniphargidae Glossosomatidae Ecnomidae Hydropsychidae Hyriidae Notonemouridae Gomphidae Elmidae Hydroptilidae Janiridae Oligochaeta Gripopterygidae Empididae Leptoceridae Leptoceridae Orthocladiinae Gyrinidae Gerridae Leptophlebiidae Leptophlebiidae Philopotamidae Helicophidae Glossosomatidae Mesoveliidae Mesoveliidae Philorheithridae Helicopsychidae Gomphidae Nepidae Naucoridae Psephenidae Hydrobiosidae Gripopterygidae Notonectidae Nepidae Scirtidae Hydrophilidae Gyrinidae Oligochaeta Notonectidae Simuliidae Hydropsychidae Helicophidae Orthocladiinae Oligochaeta Siphlonuridae Leptoceridae Helicopsychidae Parastacidae Orthocladiinae Tanypodinae Leptophlebiidae Hydrobiidae Physidae Parastacidae Tipulidae Limnephilidae Hydrobiosidae Psephenidae Physidae Notonemouridae Hydrophilidae Pyralidae Planorbidae Oligochaeta Hydropsychidae Scirtidae Pleidae Oniscigastridae Hydroptilidae Simuliidae Pyralidae Orthocladiinae Leptoceridae Stratiomyidae Simuliidae Philopotamidae Leptophlebiidae Tanypodinae Stratiomyidae Philorheithridae Mesoveliidae Tipulidae Tanypodinae

SEGMENT Highlands Forests A Forests B Cleared Hills and Murray and Western coastal plains Plains Polycentropodidae Notonectidae Veliidae Veliidae Psephenidae Odontoceridae Ptilodactylidae Oligochaeta Scirtidae Oniscigastridae Simuliidae Orthocladiinae Tanypodinae Parastacidae Tipulidae Philopotamidae Veliidae Philorheithridae Physidae Planorbidae Polycentropodidae Psephenidae Ptilodactylidae Scirtidae Simuliidae Stratiomyidae Synlestidae Tanypodinae Temnocephalidea Tipulidae Veliidae

Table A4: Environmental quality objectives for rivers and streams and estuarine and marine segments – toxicants in water column and sediments. SEGMENT INDICATOR Metals Non-metals Ammonia Sulphide Sediment toxicants Maximum maximum maximum maximum maximum Highlands T (99%) T (99%) T (99%) T (99%) ISQG-low Forests – A T (99%) T (99%) T (99%) T (99%) ISQG-low Forests – B T (99%) T (99%) T (99%) T (99%) ISQG-low Cleared Hills and coastal plains • urban areas T (95%) T (95%) T (95%) T (95%) ISQG-high • all other areas T (95%) T (99%) T (95%) T (95%) ISQG-low Murray and Western Plains • urban areas T (95%) T (95%) T (95%) T (95%) ISQG-high • all other areas T (95%) T (99%) T (95%) T (95%) ISQG-low Open Coasts T (99%) T (99%) T (99%) T (95%) ISQG-low Port Phillip Bay F6 Western Port F8 Gippsland Lakes F3 Estuaries and inlets T (99%) T (99%) T (99%) T(95%) ISQG-low

Table A5: Environmental quality objectives for marine and estuarine segments – nutrients status and water clarity indicators.

SEGMENT INDICATOR Total Dissolved Total Dissolved Chlorophyll Dissolved oxygen Transparency/ Suspended Turbidity phosphorus Inorganic Nitrogen Inorganic a PAR Attenuation Solids Phosphorus Nitrogen µg/L µg/L µg/L µg/L µg/L % m µg/L NTU 75th 75th 75th 75th 75th percentile Annual Annual 25th 75th 75th percentile percentile percentile percentile percentile minimum maximum percentile percentile Open Coasts ≤25 ≤10 ≤120 ≤20 ≤1 90 110 ≥R25 ≤R75 ≤R75 Western Port F8 Port Phillip Bay F6 Gippsland Lakes F3 Estuaries and Inlets ≤30 ≤5 ≤300 ≤30 ≤4 80 110 ≥R25 ≤R75 ≤R75

Table A6: E coli indicators for water used for primary contact recreation and aquaculture BENEFICIAL USE INDICATOR E. coli Enterococci (orgs/100 ml) (orgs/ 100ml) (marine and estuarine segments only)

median of 5 samples at regular median of 5 samples taken at 75th percentile of 11 samples intervals within 30 days regular intervals within 30 taken at regular intervals days within at least 60 days • Shellfish harvesting and ≤14 aquaculture • Primary contact ≤150 ≤35 ≤150 recreation • Secondary contact ≤1000 ≤230

Guidelines values are based on both ANZECC (2000) - Guidelines for Recreational Water Quality and Aesthetics, and WHO (2001) – Bathing Water Quality and Human Health.

SCHEDULE B - AREAS OF HIGH CONSERVATION VALUE B1. Areas of high conservation value Areas of high conservation value include those areas in the Aquatic Reserve segment and: (1) high value wetlands including wetlands of international importance listed under the Convention on Wetlands (Ramsar, Iran, 1971) and listed in A Directory of Important Wetlands in Australia (Environment Australia 2001); (2) Fisheries Reserves declared for conservation purposes under Section 88(2)(b)(i) and (ii) of the Fisheries Act 1995; (3) areas of significance for spawning, nursery, breeding, roosting and feeding areas of aquatic species and fauna listed under the China – Australia Migratory Bird Agreement and Japan – Australia Migratory Bird Agreement, the Convention on Migratory Species of Wild Animals (Bonn,Germany, 1979) and under the Flora and Fauna Guarantee Act 1988, and where waste discharge would create barriers to the passage of migratory species

[SCHEDULES C, D, E – DELETED]

The Policy is varied to the extent detailed in any Schedule to the Policy. The Environment Protection Authority will keep a record of all variations to the Policy. [F1. SCHEDULE DELETED] [F2. SCHEDULE DELETED]

F3. Gippsland Lakes and Catchment Segments For the purpose of this policy the following segments of the environment are classified: Segment A: Upper Riverine (i) the Tambo River and tributaries upstream of the water supply off-take at Bruthen; (ii) the Nicholson River and tributaries upstream of the water supply off-take at Sarsfield; (iii) the Mitchell River and tributaries upstream of the water supply off-take at Glenaladale; and [(iv) PARAGRAPH DELETED] Segment B: Lower Riverine (i) the Tambo River and tributaries downstream of the water supply off-take at Bruthen to the bridge on the Princes Highway at Swan Reach; (ii) the Nicholson River and tributaries downstream of the water supply off-take at Sarsfield to the bridge on the Princes Highway at Nicholson; (iii) the Mitchell River and tributaries downstream of the water supply off-take at Glenaladale to the barrage at Bairnsdale; [(iv) PARAGRAPH DELETED] (v) Mississippi Creek and tributaries; (vi) Toms Creek and tributaries; [(vii) PARAGRAPH DELETED] (viii) the remaining waterways that drain directly to the Gippsland Lakes and are not included in any other segment. Segment C: Lake Wellington The surface waters of Lake Wellington and McLennans Strait. Segment D: Eastern Lakes Segment The surface waters of Lake Victoria, Lake King, Cunningham Arm, North Arm, Lake Bunga and Victoria Lagoon. The Tambo River downstream of the bridge on the Princes Highway at Swan Reach, the Nicholson River downstream of the bridge on the Princes Highway at Nicholson and the Mitchell River downstream of the barrage at Bairnsdale. Segment E: Lake Reeve Segment The surface waters of Lake Reeve, east of The Causeway. Segment F: Lake Coleman

The surface waters within the boundaries of the Lake Coleman State Game Reserve.

Segment G: Wetlands Segment

The surface waters of the wetlands around the shores of Lake Wellington, along McLennans Strait and around the shores of eastern Lake Victoria, shown as swamp on the National Topographic Map series sheets 8321 and 8422. Clydebank Morass State Game Reserve, Blond Bay State Game Reserve and the Heart Morass to the boundary of the Sale Common State Game Reserve, excluding the surface waters of the Lake Coleman segment. Segment H: McLeods Morass Segment The surface waters within the boundaries of the McLeods Morass State Game Reserve.

ATTAINMENT PROGRAM l . Wetlands Segment No new licence shall be granted for the discharge of waste to the wetlands segment. This requirement may be reviewed in the light of further research on the use of wetlands for nutrient uptake from wastes and the effect of waste discharges on wetlands. 2. Lake Reeve Segment No licence shall be granted for the discharge of wastes to the waters of the Lake Reeve segment. 3. Upper Riverine Segment (a) Licences to discharge waste to the Upper Riverine Segment shall be granted only where the discharge will not cause drinking water objectives to be exceeded. In assessing applications for licences and the approval of works pursuant to the Act, particular attention will be given to this factor and practicable alternatives to discharge. (b) New discharges of treated sewage effluent to the surface waters of the Upper Riverine Segment shall be permitted only when the available dilution exceeds one in fifty (i.e. one part effluent in fifty parts receiving water.) 3A. Chlorophyll α By the end of the year 2005 phosphorus inputs to Lake Wellington must be less than 115 tonnes/year for a median annual stream flow or its standardised equivalent and must be at a level to ensure that - (1) the annual median concentration of chlorophyll α in Lake Wellington shall be no greater than 0.008 mg/L; and (2) the median concentration of chlorophyll α in Lake Wellington during the months of January to June inclusive shall be no greater than 0.005 mg/L.

GIPPSLAND LAKES-BENEFICIAL USES AND OBJECTIVES Beneficial uses and objectives contained in the policy apply to the Gippsland Lakes catchment except where varied below: BENEFICIAL USE SEGMENTS A B C D E F G H Maintenance of natural aquatic ecosystems and associated wildlife -high protection * * * * (level 2)a -wide safety margin * (level 3)a -small safety margin * * * (level 4)a INDICATOR OBJECTIVES (maxima unless otherwise indicated) Dissolved Oxygen 8 7.5 6 6 6.5 6 8 6 (g/m3) (minimum) % saturation 85 75 60 75 85 60 85 60 pH variation 0.5 0.5 1.0 0.5 0.5 1.0 0.5 1.0 range 6.5-8.5 6-9 6-9 6.5-8.5 6.5-8.5 6-9 6.5-8.5 6-9 Temperature variation 0.5 1.0 2.0 1.0 0.5 2.0 0.5 2.0 (oC) Taxicantsc N+0.2( N+0.5( T N+0.2( N+0.2( T N+0.2( T 3 (g/m ) T-N) T-N) T-N) T-N) T-N) The level of total dissolved solids shall not prejudice beneficial uses 50th percentile 8000 90th percentile 250d- 5000 2000 500 variation b/g b/g Light penetration Turbidity (FTU) 50th percentile 5 5d-10 15 50 90th percentile 15 15d-20 80 10 80 Colour (Pt-Co) 90th percentile 150 Suspended Solids (g/m3) 50th Percentile 5 10 25 25 15 25 25 25 90th Percentile 10 20 80 80 25 80 80 80 a Refers to "Recommended Water Quality Criteria" (EPA latest edition) b Management agencies in conjunction with local communities shall assess appropriate salinity objectives for the Eastern Lakes segment. c Where "T" is the threshold concentration of chronic sublethal effects on aquatic life and "N" is the natural background level of the toxicant. "T" may be obtained from tables 14 and 15 of the Recommended Water Quality Criteria Manual. d Merriman Creek Only Abbreviation "g/m3" - gram per cubic metre “b/g" - background ______

4. Nutrients Additional discharges of nutrients permitted by new or amended licences after the gazettal of this policy shall not contain a total annual nutrient load in excess of 400 kg of phosphorus and 30 000 kg of nitrogen. Due consideration shall be given to the spatial distribution of nutrient loads (including diffuse sources), to avoid localised problems as a result of excessive nutrient concentrations. After the gazettal of the Policy, existing liences which permit the discharge of nutrients shall be amended to indicate the permitted load of nutrients. 5. Lake Coleman interchange water with Lake Wellington. Management agencies shall take necessary steps to rehabilitate Lake Coleman after the discharges from Dutson Downs to Lake Coleman cease. 6. Sewage from Boats Boats designed or intended principally for use on the Gippsland Lakes should be provided with pump out toilet facilities. Private operators and management agencies shall as soon as possible make provision for the disposal of sewage from boats at shore based facilities.

[F4. SCHEDULE DELETED]

F5. Waters of the Latrobe and Thomson River Basins and Merriman Creek Catchment 1. Title This Schedule may be cited as Schedule F5. Waters of the Latrobe and Thomson River Basins and Merriman Creek Catchment, referred to below as the Schedule. 2. Contents The Schedule is divided into parts as follows - PART I - PRELIMINARY 3. Definitions 4. Schedule Goals PART II - BOUNDARIES OF THE AREA AFFECTED 5. Schedule area 6. Segments PART III - BENEFICIAL USES TO BE PROTECTED 7. Beneficial uses PART IV - ENVIRONMENTAL QUALITY INDICATORS AND OBJECTIVES 8. Environmental quality objectives and indicators PART V - ATTAINMENT PROGRAM General 9. Addition to Policy provisions 10. Responsibilities Catchment Management 11. Water quality management strategy 12. Stream management 13. Management plans 14. Point-source management 15. Nutrient reduction (Macalister Irrigation District) Monitoring, Assessment and Reporting 16. Monitoring, assessment and reporting of environmental quality and policy performance

PART I - PRELIMINARY 3. Definitions In the Schedule, unless inconsistent with the context or subject matter - "ambient" means the environmental condition determined by the level of an indicator, measured in a manner and at a location specified by the Authority;

"aquatic ecosystem" means the community of animals and plants living within or adjacent to a waterway; "aquifer" means a geological structure, formation, or part thereof, permeated or capable of being permeated permanently or intermittently with water and capable of transmitting water; "commonly available technology" means modern techniques, methods or processes as commonly used in any particular industry; "mg/L" means milligrams per litre; "N" means the water quality objective is that there be no variation from background level; "NTU" means nephlometric turbidity units; "offset measure" means a measure that- (i) is undertaken by the occupier of one premises to reduce the discharge of wastes to the environment from another premises; and (ii) achieves an environmental outcome equivalent to or improved upon that which could be achieved through any measure to reduce the discharge of waste from the first premises; "protection agency" means any person or body, whether corporate or unincorporate, having powers or duties under any Act other than the Environment Protection Act 1970 with respect to the environment or any segment of the environment in any part or parts of Victoria; "Pt-Co" means Platinum-Cobalt units of colour measured at 465 nanometres; "regulated waterway" means a waterway which has on-stream storages to enable the management of the release of waters and downstream flows; "salinity" means the measure of concentration of total dissolved solids in water; "T" means- (i) the national guideline concentration for toxicants in waters specified for the protection of aquatic ecosystems in the Australian Water Quality Guidelines for Fresh and Marine Waters, published by the Australian and New Zealand Environment and Conservation Council (ANZECC, 2000); or Note: Variation 3/6/2003, No. S107, Gazette 4/6/2003 requires that the level of ecosystem protection that needs to be used to determine the objective is: (a) 99% for “largely unmodified”, “natural” and” substantially natural” aquatic ecosystems; (b) 95% for “modified” ecosystems; (c) 90% for “highly” or “largely modified” aquatic ecosystems. as defined in table 3.4.1 denoted as level of ecosystem protection (% species). (ii) other criteria specified by the Authority; "water authority" means any person or body, whether corporate or unincorporate, having any powers or duties under the Water Act 1989 or the Water Industry Act 1994 in respect of floodway management, irrigation, regional drainage, sewerage, waterway management or water supply; "waterway" means a river, creek, stream or watercourse or a natural channel in which water regularly flows, whether or not the flow is continuous or a lake, lagoon, swamp or marsh. 4. Schedule goals The goals of the Schedule are to -

(1) protect the beneficial uses of the Schedule area; and (2) protect the beneficial uses of Lake Wellington, Lake Coleman and Lake Reeve from the effects of nutrients, sediments and wastes transported by water entering the lakes from the Schedule area. PART II - BOUNDARIES OF THE AREA AFFECTED FIGURE 1 Schedule F5 area and segments

5. Schedule area The Schedule shall apply to- (1) all surface waters within the catchments of all tributary waterways entering Lake Reeve south- west of The Causeway, Lake Wellington, Lake Coleman and Merriman Creek; and (2) the surface waters of that portion of Lake Reeve south-west of The Causeway- but does not include the waters of Lake Reeve east of The Causeway, Lake Wellington and Lake Coleman. The Schedule Area is represented in Figure 1. 6. Segments (1) Clause 9 of the Policy does not apply to the Schedule area. (2) For the purpose of the Schedule, the following segments of the environment are classified within the Schedule area and represented in Figure 1 -

(a) Segment A (predominantly reserves and conservation areas): The surface waters of - (i) the Baw Baw National Park, excluding that part within the Aberfeldy River catchment and the Thomson River catchment area below the Thomson Dam; (ii) the Wonnangatta-Moroka section of the Alpine National Park and the Avon Wilderness Park; and (iii) that section of the Tarra-Bulga National Park within the Schedule area. (b) Segment B (predominantly forests and forestry activities): The surface waters of -

(i) Moondarra and Tyers State Parks; (ii) Holey Plains State Park and freehold land enclosed by this park; (iii) Latrobe River and Ada River and their tributaries upstream of their junction; (iv) Thomson River and its tributaries upstream of the wall of Cowwarr Weir; (v) Toorongo River and its tributaries; (vi) Loch River and its tributaries; (vii) Avon River and its tributaries upstream of Wombat Flat; (viii) Carey River and its tributaries; (ix) Barkly River and its tributaries upstream of the junction with Tiger Creek; (x) Glenmaggie Creek and its tributaries upstream of Back Creek Track; (xi) Stony Creek and its tributaries upstream of the junction with the Thomson River; (xii) Valencia Creek and its tributaries upstream of the junction with Stony Creek; (xiii) Rintouls Creek and its tributaries upstream of Fitzgibbons Road; (xiv) Eaglehawk Creek and its tributaries upstream of Eaglehawk Creek Road; (xv) Freestone Creek and its tributaries upstream of George Creek; (xvi) Tyers River and Jacobs Creek and their tributaries upstream of the wall of Moondarra Reservoir; (xvii) Tanjil River and its tributaries upstream of the wall of Blue Rock; and (xviii) Wellington River downstream of Carey State Forest - but not including any of the surface waters of Segment A. (c) Segment C (mixed forestry and agricultural activities): The surface waters of - (i) Latrobe River and its tributaries upstream of its junction with Moe Drain; (ii) Tanjil River and its tributaries upstream of its junction with Latrobe River; (iii) O'Grady Creek and Little Morwell River and their tributaries upstream of their junction; (iv) Morwell River and Morwell River East Branch and their tributaries upstream of their junction; (v) Middle Creek and Vaggs Creek and their tributaries upstream of their junction; (vi) Billy Creek and its tributaries upstream of Jeeralang Road bridge; (vii) Bennetts Creek and Waterhole Creek and their tributaries upstream of the Churchill-Traralgon Road;

(viii) Traralgon Creek and its tributaries upstream of Jones Lane; (ix) Flynns Creek and its tributaries upstream of Callignee South Road; (x) Macalister River and its tributaries downstream of the Caledonia River to the wall of Lake Glenmaggie; (xi) Avon River and its tributaries from Wombat Flat downstream to Redbank; (xii) Perry River and its tributaries upstream of Perry Bridge; and (xiii) Merriman Creek and its tributaries -

but not including any of the surface waters in Segment A or B. (d) Segment D (predominantly agricultural activities): The surface waters of - (i) Moe River and its tributaries upstream of its junction with the Latrobe River; (ii) Lake Narracan and its local catchment draining to its northern and southern boundaries; (iii) Morwell River and its tributaries upstream of its junction with Middle Creek; (iv) Wilderness Creek and its tributaries; (v) Middle Creek and its tributaries downstream of its junction with Vagg Creek; (vi) Billy Creek and its tributaries downstream of Jeeralang Road bridge; (vii) Northern tributaries of the Latrobe River downstream of Lake Narracan and upstream of coordinate 470 000E; (viii) Thomson River and its tributaries downstream of the wall of Cowwarr Weir to its junction with the Latrobe River; (ix) Tributaries of the Latrobe River downstream of coordinate 470 000E excluding Nambrok Creek (Drain); (x) Carrs Creek and its tributaries; (xi) all other waterways draining into Lake Wellington, Lake Coleman and Lake Reeve that are not included in any other segment; and (xii) all wetlands in the area between Lake Wellington and Lake Reeve, that are not included in any other segment - but not including any of the surface waters in Segment A, B, C or F. (e) Segment E (predominantly the industrial area of the Latrobe Valley): The surface waters of - (i) Latrobe River and its southern tributaries downstream of the dam wall of Lake Narracan and upstream of coordinate 470 000E; (ii) the Morwell River and its tributaries downstream of the junction with Middle Creek; (iii) Bennetts Creek and Waterhole Creek and their tributaries downstream of the Churchill-Traralgon Road; (iv) Traralgon Creek and its tributaries downstream of Jones Lane; (v) Sheepwash Creek and its tributaries; (vi) Latrobe River downstream of coordinate 470 000E;

(vii) Avon River and its tributaries from Redbank downstream to Lake Wellington; and (viii) Perry River and its tributaries from Perry Bridge downstream to Lake Wellington- but not including any of the surface waters in Segment A, B, C or D. (f) Segment F (natural watercourses draining irrigation): The surface waters of - (i) Newry Creek and its tributaries upstream of the Macalister River; (ii) Boggy Creek and its tributaries upstream of the Thomson River; (iii) Nuntin Creek downstream of the Princes Highway to the Avon River; (iv) Serpentine Lagoon and Serpentine Main Drain; and (v) Bundalaguah Main Drain. (g) Segment G (wetlands): The surface waters of - (i) wetlands surrounding Lake Wellington and McLennan's Strait and along the Latrobe River downstream of the Swing Bridge at Longford, (shown as swamp on National Topographic Map series sheet 8321); (ii) Dowds Morass State Game Reserve, The Heart Morass and the Sale Common State Game Refuge; and (iii) Lake Reeve south-west of The Causeway.

PART III - BENEFICIAL USES TO BE PROTECTED 7. Beneficial uses (1) Clause 10 of the Policy does not apply to the Schedule area. (2) The beneficial uses specified in the left hand column in Table 1 shall be protected in each segment marked with a tick in the appropriate right hand column, except for Segment E in which segment beneficial uses shall be protected to the extent described in Table 1.

Table 1 - Beneficial Uses in the Schedule Area Segment A Segment B Segment C Segment D Segment E Segment F Segment G (predominantly (predominantly (mixed forestry and (predominantly (predominantly (natural water- (wetlands) reserves & forests and forestry agricultural agricultural industrial areas of the courses draining conservation areas) activities) activities) activities) Latrobe Valley) irrigation) 1. Maintenance of natural aquatic ecosystems and associated wildlife: Natural ecosystems  Natural ecosystems with occasional disturbance due to   human activity Substantially natural ecosystems Avon River with some modification  downstream of Redbank only  Modified ecosystems excluding Avon  River downstream of Redbank, Morwell River downstream of Eel Hole Creek & Bennetts Creek Highly modified ecosystems with Morwell River some habitat values downstream of Eel  Hole Creek & Bennetts Creek only  2. Potable water supply: With treatment (disinfection only)   With treatment (disinfection & removal of suspended solids)  

Table 1 (cont.) - Beneficial Uses in the Schedule Area Segment A Segment B Segment C Segment D Segment E Segment F Segment G (predominantly (predominantly (mixed forestry and (predominantly (predominantly (natural water- (wetlands) reserves & forests and forestry agricultural agricultural industrial areas of the courses draining conservation areas) activities) activities) activities) Latrobe Valley) irrigation) 3. Recreation: Primary contact (eg. swimming, water skiing)      Secondary contact (eg. boating, fishing)       Aesthetic enjoyment (eg. walking by the waters)        4. Agricultural Water Supply: Stock watering      Irrigation excluding    estuarine areas 5. Fishing and Aquaculture        6. Industrial water use      7. Aquifer recharge       

PART IV - ENVIRONMENTAL QUALITY INDICATORS AND OBJECTIVES 8. Environmental quality indicators and objectives (1) Clause 11 of the Policy does not apply to the Schedule area. (2) Subject to sub-clause (3), the water quality objectives to protect the beneficial uses in the Schedule area shall be the criteria specified in the Australian Water Quality Guidelines for Fresh and Marine Waters (2000), published by the Australian and New Zealand Environment and Conservation Council. Note: Variation 3/6/2003, No. S107, Gazette 4/6/2003 requires that the level of ecosystem protection that needs to be used to determine the objective is: (a) 99% for “largely unmodified”, “natural” and” substantially natural” aquatic ecosystems; (b) 95% for “modified” ecosystems; (c) 90% for “highly” or “largely modified” aquatic ecosystems. as defined in table 3.4.1 denoted as level of ecosystem protection (% species). (3) For the purposes of the Schedule - (a) The levels for specific quantitative environmental quality indicators for the Segments of the Schedule area are specified in Table 2 and Table 3. (b) Statistically-based objectives may be assessed using monitoring and analytical protocols approved by the Authority. (c) Where an objective involves the alternatives of a numerical limit provided in Table 2, or a limit resulting from a percentage change relative to background levels specified in Table 3, whichever is the higher number shall apply. (d) Where the background level of water quality does not comply with the numerical limit in Table 2, maintenance of the background level shall become the objective, except where paragraph (c) applies. (e) Any discharge of waste to water shall not cause any water quality indicator or objective to exceed its value specified in Table 2 nor shall the discharge cause any change in the background levels to exceed the limits specified in Table 3.

Table 2 - In-stream Water Quality Indicators and Objectives Indicators (units) Segment A Segment B Segment C Segment D Segment E Segment F Segment G (predominantly (predominantly (mixed forestry (predominantly (predominantly the (natural watercourses (wetlands) reserves and forests and and agricultural agricultural industrial area of the draining irrigation) conservation forestry activities) activities) Latrobe Valley) areas) activities) pH (pH units) acceptable range N 5.5-8.0 5.5-8.0 6.0-8.5 6.0-8.5 6.0-8.5 6.0-8.5 Dissolved min. concentration N >8.0 >7.0 >6.0 >5.0 >5.0 >6.0 Oxygen (mg/L & % min. saturation N >85% >75% >65% >55% >55% >65% saturation) Toxicants Maximum N

Table 2 (cont.) - In-stream Water Quality Indicators and Objectives Indicators (units) Segment A Segment B Segment C Segment D Segment E Segment F Segment G (predominantly (predominantly (mixed forestry (predominantly (predominantly the (natural watercourses (wetlands) reserves and forests and and agricultural agricultural industrial area of the draining irrigation) conservation forestry activities) activities) Latrobe Valley) areas) activities) E. coli (organi- 42 day geometric N N <200 <200 <200 <1000 N sms/100 mL) mean Temperature N Refer Table 3 Refer Table 3 Refer Table 3 Refer Table 3, except for Refer Table 3 Refer Table 3 (°Celsius) Bennetts Creek downstream of Porters Road where a maximum of 25.0° shall apply *T refers to T in Table 3.4.1 of the Australian and New Zealand Water Quality Guidelines for Fresh and Marine Water Quality (2000). The decision and assessment process outlined in the Principle Policy is triggered if the T value is exceeded. Note: Variation 3/6/2003, No. S107, Gazette 4/6/2003 requires that the level of ecosystem protection that needs to be used to determine the objective is: (a) 99% for “largely unmodified”, “natural” and” substantially natural” aquatic ecosystems; (b) 95% for “modified” ecosystems; (c) 90% for “highly” or “largely modified” aquatic ecosystems. as defined in table 3.4.1 denoted as level of ecosystem protection (% species).

Table 3 - Acceptable variation from Background Levels Segment A Segment B Segment C Segment D Segment E Segment F Segment G Indicators (predominantly (predominantly (mixed forestry (predominantly (predominantly the industrial areas of (natural water- (wetlands) (units) reserves and forests and and agricultural agricultural Latrobe Valley) courses draining conservation forestry activities) activities) irrigation) areas) activities) Temperature an 90th percentile - <0.3 <0.7 <1.5 <1.5 <1.5 <0.3 variation from except industries existing as at 1 January N (0 Celsius) 1996 and discharging to Traralgon Creek where <3.0 shall apply Dec to March; and industries existing as at 1 January 1996 and discharging to Morwell River where <3.0 shall apply Dec to March maximum - <0.5 <1.0 <2.0 <2.0 <2.0 <0.5 except industries existing as at 1 January 1996 and discharging to Traralgon Creek where <3.5 shall apply Dec to March, and <4.0 shall apply April to Nov; and industries existing as at 1 January 1996 and discharging to Morwell River where <4.0 shall apply Dec to March, and <6.0 shall apply April to Nov rate of change - <1.0 in 30 <1.0 in 30 <1.0 in 30 <1.0 in 30 minutes <1.0 in 30 <1.0 in 30 minutes minutes minutes except industries existing as at 1 January minutes minutes 1996 and discharging to Traralgon Creek where <2.0 in 30 minutes shall apply; and industries existing as at 1 January 1996 and discharging to Morwell River where <2.0 in 30 minutes shall apply pH (pH units) (variation from N) - <0.5 <0.7 <1.0 <1.0 <1.0 <0.5 Salinity (% increase) - <5% <10% <10% <10% - - Turbidity (% increase) - <5% <10% - - - - Suspended (% increase) - <5% <10% - - - - solids Colour (% increase) - - <20% <20% <20% <50% -

PART V - ATTAINMENT PROGRAM General 9. Addition to Policy provisions In addition to clauses 12 to 58 (the Attainment Program) of the Policy, shall apply to the Schedule area. 10. Responsibilities (1) The Authority will identify and promote measures to achieve the best practicable environmental outcomes within the Schedule area. (2) The Authority will exercise its powers, duties and functions to - (a) assist the community to understand and contribute to improved water quality in the Schedule area; (b) work co-operatively with all who use and manage the Schedule area to promote the use of practices that protect beneficial uses of the Schedule area; (c) ensure that any notice issued under the Act contains requirements that are consistent with the Schedule; and (d) co-ordinate, review and report on the attainment of the provisions of the Schedule. Catchment Management 11. Water quality management strategy (1) The Authority will work with and assist the West Gippsland Regional Catchment and Land Protection Board to develop a water quality management strategy to achieve the objectives of the Schedule. (2) The water quality management strategy referred to in sub-clause (1) shall - (a) co-ordinate the management of the different activities affecting water quality; (b) identify priority areas and time targets for action; (c) assign specific responsibilities for particular issues; (d) develop management plans for particular issues or catchments; (e) guide management of wastewater and drainage discharges; (f) develop and implement long-term waste management plans for point-source waste based on principles of waste avoidance and minimisation; an (g) enable the on-going involvement of persons and organisations with an interest in water quality in the Schedule area. (3) The Authority will promote and review the implementation of the strategy referred to in sub- clause (1) in consultation with the West Gippsland Regional Catchment and Land Protection Board and any other relevant protection agencies, private sector agencies and interested persons. 12. Stream management (1) Bulk Entitlement Orders (under the Water Act 1989) made for water systems within the Schedule area must provide allocations of water for environmental purposes that are consistent with protecting beneficial uses.

(2) Stream flow management plans to provide minimum flow volumes and regimes necessary to protect the beneficial uses must be prepared by water authorities responsible for licensed diversions. (3) Protection agencies must ensure that any water diversions comply with stream flow management plans prepared under sub-clause (2). (4) Protection agencies must develop and implement procedures to manage the temperature of releases of water from storages to - (a) ensure that the beneficial uses downstream of the water storage are protected; and (b) undertake a monitoring program to demonstrate that the beneficial uses are being protected. 13. Management plans (1) Protection agencies responsible for land, drainage, waterway or water management in the Schedule area must review and, where necessary, revise existing management plans, or develop new management plans to reduce the impacts of activities which may detrimentally affect water quality and to achieve the objectives of the Schedule. (2) The Authority may require the revision or development of a management plan under sub- clause (1) where the existing plan does not provide a sufficient basis to protect the beneficial uses of surface waters in the Schedule area. 14. Point-source management (1) The Authority may approve, for a period specified by the Authority, a lower quality of discharge from a premises than would otherwise be acceptable to the Authority if - (a) the occupier of the premises agrees to implement and maintain any off-set measures that offer either equivalent or greater protection of beneficial uses within the area specified by the Authority; and (b) the discharge will not be detrimental to any beneficial use outside a designated mixing zone. (2) Any renewal or continuation of these arrangements is conditional on the Authority being satisfied that - (a) the off-set continues to offer either equivalent or greater protection of beneficial uses within the area specified by the Authority; and (b) the discharge will not be detrimental to any beneficial use outside a designated mixing zone. 15. Nutrient Reduction (Macalister Irrigation District) (1) Southern Rural Water, in co-operation with the Department of Natural Resources and the Environment, and land holders must, within 12 months of the day upon which the Schedule comes into effect, develop a nutrient reduction plan to reduce the annual load of phosphorus discharged from irrigation drains in the Macalister Irrigation District by at least 40 percent calculated in accordance with sub-clause (2) by the year 2005. (2) For the purposes of the nutrient reduction plan specified in sub-clause (1), the baseline for phosphorus load will be determined by the Authority in consultation with Southern Rural Water on the basis of an assessment of phosphorus loads discharged during the years 1994, 1995 and 1996.

Monitoring, Assessment and Reporting

16. Monitoring, assessment and reporting of environmental quality and policy performance (1) The Authority will ensure that - (a) monitoring of environmental quality in the Schedule area provides the information necessary to assess compliance with the provisions of the Schedule; (b) protection agencies having powers or duties in respect of the management or use of the natural resources of the Schedule area carry out monitoring of ambient environmental quality to assess the likely impact of that management or use on the environment; and (c) where deemed appropriate any works approval, licence, or licence amendment in respect of a discharge of wastes to any waters within the Schedule area is subject to conditions that the occupier of the premises shall, at the occupier’s cost, carry out monitoring of ambient environmental quality to assess the likely impact of the discharge on the environment. (2) The monitoring programmes referred to in sub-clause (1) including sampling and analysis methods, quality assurance measures, assessment protocols and reporting protocols associated with the monitoring programs must be those approved by the Authority. (3) The Authority will periodically report the quality of surface waters within the Schedule area to the public. (4) A report under sub-clause (3) must include - (a) an overview of water quality within the Schedule area; (b) a review of the effectiveness of the implementation of the Schedule; and (c) an assessment of the adequacy of monitoring program(s). (5) Protection agencies must provide water quality information and data for the Schedule area to assist the Authority prepare reports under sub-clause (3).

F6. Waters of Port Phillip Bay 1. Title This Schedule may be cited as Schedule F6. Waters of Port Phillip Bay, referred to below as the Schedule. 2. Contents The Schedule is divided into parts as follows - PART I - PRELIMINARY 3. Definitions 4. Schedule Goals PART II - BOUNDARIES OF THE AREA AFFECTED 5. Schedule area 6. Segments PART III - BENEFICIAL USES TO BE PROTECTED 7. Beneficial uses PART IV - ENVIRONMENTAL QUALITY INDICATORS AND OBJECTIVES 8. Environmental quality objectives and indicators PART V - ATTAINMENT PROGRAM General 9. Addition to policy provisions 10. Responsibilities 11. Port Phillip Bay Environmental Management Plan 12. Nutrient management Bay Activities 13. Dredging and disposal of dredged material 14. Operation and maintenance of vessels and harbour activities 15. Marina and canal developments 16. Artificial structures 17. Aquaculture 18. Harvesting of living resources 19. Recreation activities Catchment Issues 20. Control of point source discharges 21. Sewage management 22. Stormwater management 23. Sediment management Monitoring, Assessment and Reporting 24. Monitoring, assessment and reporting of environmental quality and policy performance

PART 1 - PRELIMINARY 3. Definitions In this Schedule, unless inconsistent with the context or subject matter - "ambient" means the environmental condition determined by the level of indicator, measured in a manner at a location specified by the Authority; "A.M.G." means the Australian Map Grid; "artificial structure" means any man-made structure, except a floating ship, in or adjacent to the waters of Port Phillip Bay including jetties, piers, moles, groynes, boat ramps, causeways, moored platforms, buoys, piles, breakwaters, rockwalls, seawalls, artificial reefs, artificial islands and reclaimed land; "Bay" means Port Phillip Bay; "dredging" means any marine and estuarine dredging, including eductor dredging, but not scallop dredging; "high water mark" means the level established by the highest astronomical tide; "N" means that there is no variation from the background level of water quality; "PAR" means photosynthetic active radiation. The light attenuation extinction co-efficient calculated from the decrease in intensity of light in the range 400 - 700 nm (photosynthetically active radiation) penetrating the water column; "protection agency " means any person or body, whether corporate or unincorporate, having powers or duties under any Act other than the Environment Protection Act 1970 with respect to the environment or any segment of the environment in any part or parts of Victoria; "Secchi disk" means a 30 cm diameter circular disk used to measure the transparency of water by being lowered into the water column until no longer visible; "ship" includes every description of vessel or craft; "stormwater" means the water directly resulting from rainfall; "T" means (i) the national guideline concentration of toxicants in waters specified for the protection of aquatic ecosystems in the Australian Water Quality Guidelines for Fresh and Marine Waters, published by the Australian and New Zealand Environment and Conservation Council (ANZECC, 2000); or Note: Variation 3/6/2003, No. S107, Gazette 4/6/2003 requires that the level of ecosystem protection that needs to be used to determine the objective is: (a) 99% for “largely unmodified”, “natural” and” substantially natural” aquatic ecosystems; (b) 95% for “modified” ecosystems; (c) 90% for “highly” or “largely modified” aquatic ecosystems. as defined in table 3.4.1 denoted as level of ecosystem protection (% species). (ii) other criteria specified by the Authority; "TC" means (i) the threshold concentration of chemical compounds in water capable of causing toxicity and tainting of fish flesh and other aquatic organisms, specified in the Australian Water Quality Guidelines for Fresh and Marine Waters, published by the Australian and New Zealand Environment and Conservation Council (ANZECC), 2000; or Note: Variation 3/6/2003, No. S107, Gazette 4/6/2003 requires that the level of ecosystem protection that needs to be used to determine the objective is: (a) 99% for “largely unmodified”, “natural” and” substantially natural” aquatic ecosystems;

(b) 95% for “modified” ecosystems; (c) 90% for “highly” or “largely modified” aquatic ecosystems. as defined in table 3.4.1 denoted as level of ecosystem protection (% species). (ii) other criteria specified by the Authority; "waste minimisation" means the adoption of practices or processes which reduce to the maximum extent feasible the quantity of industrial waste generated and/or the quantity of waste which requires subsequent treatment, storage or disposal. It includes any activity undertaken on the premises by a generator that results in the reduction of total volume or quantity of industrial waste provided that such reduction is not achieved simply by de-watering or compaction.

4. Schedule goal The goal of this Schedule is to protect the beneficial uses of the Schedule area by minimising the adverse impacts of waste discharges and other impacts associated with human activity and resource use of the Bay and its catchment.

PART II - BOUNDARIES OF THE AREA AFFECTED 5. Schedule Area (1) This Schedule protects the beneficial uses within the area represented in Figure 1 being all of the waters of Port Phillip Bay bounded by the high water mark, a line drawn between Point Lonsdale (A.M.G. Co-ordinates E 291250 N 5758900) and Point Nepean (A.M.G. Co-ordinates E 294500 N 5757900) and a line across the mouth of the Yarra River (A.M.G. Co-ordinates E 315300 N 5809000) corresponding with the parallel 37° 50' 30" S.

Figure 1. Map of Port Phillip Bay showing environmental segments.

(2) In order to protect the beneficial uses within the Schedule area, the Attainment Program of this Schedule includes provisions which relate to management of the Port Phillip Bay catchment in the area shown in Figure 2.

Figure 2. The catchment of Port Phillip Bay

6. Segments (1) Clause 9 of the Policy does not apply to the schedule area. (2) For the purpose of the Schedule, the following segments of the environment are classified within the Schedule area and represented in Figure 1. (a) Aquatic Reserves Segment: consisting of the waters of areas within - (i) reference areas proclaimed under the Reference Areas Act 1978; (ii) National and State Parks and reserves proclaimed under the National Parks Act 1975; (iii) marine reserves under provisions of Section 88(5) of the Fisheries Act 1995; and (iv) Other marine parks and reserves established under the Crown Land (Reserves) Act 1978. (b) Corio Segment: that portion lying west of a line drawn between Point Henry and Point Lillias and bounded by the high water mark. (c) Hobsons Segment:- that portion bounded to the north by latitude 37o50'30"S (across the Yarra River), to the south by a line drawn from Point Gellibrand to Point Ormond, and to the west and east by the high water mark. (d) Werribee Segment: that portion bounded by a line which spans the shortest distance between the point of intersection of the high water mark and longitude 144o41'30''E and the 10 m depth contour to the south-east, generally south-west following the contour to its intersection with longitude 144o38'30''E, from this point directly to the high water mark at Point Wilson, and along the high water mark to the origin at the intersection of longitude 144o41'30''E. (e) Inshore Segment: that portion outside the above four segments and bounded by the high water mark and a line drawn 600 m seawards from the low water mark. (f) General Segment: that portion outside of the above five segments.

PART III - BENEFICIAL USES TO BE PROTECTED 7. Beneficial uses (1) Clause 10 of the Policy does not apply to the schedule area. (2) Subject to subclause (3) the beneficial uses shown in Table 1 shall be protected in each segment marked with a tick (3) In the Aquatic Reserves segment the beneficial uses of “production of molluscs for human consumption - natural populations,” “production of molluscs for human consumption - aquaculture,” “commercial and recreational use of edible fish and crustacea”, “aquaculture” and “navigation and shipping” are protected only in those parts of the segment where the activity is permitted under management plans approved by the Secretary, Department of Natural Resources and Environment.

Table 1- Protected Beneficial Uses in the Schedule Area Segment Beneficial Use Aquatic Corio Hobsons Werribee Inshore General Reserves Maintenance of aquatic ecosystems and associated wildlife Natural ecosystems  Substantially natural ecosystems with some modification   Highly modified ecosystems with some habitat values    Water based recreation Primary contact      -(eg. swimming, water-skiing). Secondary contact       - (eg. boating, fishing). Aesthetic enjoyment       - (eg. walking by the water). Production of molluscs for human consumption Natural populations #  - the consumption of naturally occurring molluscs. Aquaculture #   - the consumption of molluscs from declared aquaculture zones included in a shellfish sanitisation program by the Responsible Authority. Commercial and recreational use of #      edible fish and crustacea - the consumption of seafood other than molluscs. Navigation and shipping #      - the use of Port Phillip Bay waters for shipping transport and harbour facilities. Industrial water use      - the use of Port Phillip Bay waters as an industrial resource (eg water for salt production, cooling operations). # beneficial use is protected only in parts of the segment where the activity is permitted under approved management plans

PART IV - ENVIRONMENTAL QUALITY INDICATORS AND OBJECTIVES 8. Environmental quality indicators and objectives (1) Clause 11 of the Policy does not apply to the schedule area. (2) Subject to sub-clause 3, the water quality objectives to protect beneficial uses shall be the criteria specified in the Australian Water Quality Guidelines for Fresh and Marine Waters, published by the Australian and New Zealand Environment Conservation Council (ANZECC, 2000). Note: Variation 3/6/2003, No. S107, Gazette 4/6/2003 requires that the level of ecosystem protection that needs to be used to determine the objective is: (a) 99% for “largely unmodified”, “natural” and” substantially natural” aquatic ecosystems; (b) 95% for “modified” ecosystems; (c) 90% for “highly” or “largely modified” aquatic ecosystems. as defined in table 3.4.1 denoted as level of ecosystem protection (% species). (3) For the purposes of the Schedule (a) Water quality must comply with the objectives specified in Table 2 and water quality is to be maintained as close as practicable to background levels. (b) Statistically based objectives (eg. percentiles, geometric mean or median) may be assessed using monitoring and analytical protocols approved by the Authority. (c) Where specified, the levels for arsenic, zinc, chromium and cadmium prevail over "T" or "TC" concentrations. (d) Where a chemical element or compound is listed as both a toxicant ("T") and a potential taint ("TC") the lower value is the environmental quality objective. (4) Settleable material must be at levels that do not result in deposits that adversely affect the beneficial uses of the Schedule area. (5) The aesthetic characteristics of the Schedule area must be protected and in particular the following materials must not be discharged to waters of the Schedule area - (a) litter; (b) anthropogenic floatable materials, foams or scums ; (c) materials causing objectionable colour or odours; or (d) visible films of oils, greases or petrochemical products. (6) Nutrients Inputs of nutrients to Port Phillip Bay, in particular nitrogen and phosphorus, must be below levels (concentrations, seasonal loads or annual loads) that the Authority determines as posing an unacceptable risk to the chlorophyll-a objectives which are listed in Table 2.

Table 2 - Objectives for Environmental Quality Indicators OBJECTIVES FOR ENVIRONMENTAL QUALITY INDICATORS FOR SEGMENTS OF PORT PHILLIP BAY Indicators Units Aquatic Corio Hobsons Werribee Inshore General Reserves Dissolved Oxygen % at 1m below N >90% >90% >90% >90% >90% Saturation surface % at 1m N >90% >90% >90% >90% Saturation above bottom annual >90% 90% ile pH (pH variation N N ± 0.5 N ± 0.5 N ± 0.5 N ± 0.5 N ± 0.5 units) range N 7.5 - 8.5 7.5 - 8.5 7.5 - 8.5 7.5 - 8.5 7.5 - 8.5 Temperature oC N N ± 1 N ± 1 N ± 1 N ± 1 N ± 1 Transparency Secchi disk depth m N >3 >2 >3 >3 >4

Attenuation of annual Photosynthetic m-1 90% ile N 0.45 0.50 0.45 0.45 0.35 Active Radiation (PAR) Toxicants General N

Arsenic µg/L N <3 <3 <3 <3 <3 Chromium µg/L N <5 <5 <5 <5 <5 Zinc µg/L N <5 <10 <5 <5 <5 Cadmium µg/L <0.15 <0.15 (in aquaculture zones) Salinity variation N N ± 5% N ± 5% N ± 5% N ± 5% N ± 5% Chlorophyll-a µg/L annual median N 1.5 2.5 2.5 1.5 1.0

annual N 2.5 4 4 2.5 2 90 percentile Bacteriological organism 42 day N <200 <200 <1000 <14 <14 (E. coli) s/100 mL geometric (aquaculture zones) mean and <200 (rest of segment) 42 day N <400 <400 <400 80 percentile

Toxicity and µg/L maximum N TC TC TC TC TC tainting of fish and other organisms *T refers to T in Table 3.4.1 of the Australian and New Zealand Water Quality Guidelines for Fresh and Marine Water Quality (2000). The decision and assessment process outlined in the Principle Policy is triggered if the T value is exceeded. Note: Variation 3/6/2003, No. S107, Gazette 4/6/2003 requires that the level of ecosystem protection that needs to be used to determine the objective is:

(a) 99% for “largely unmodified”, “natural” and” substantially natural” aquatic ecosystems; (b) 95% for “modified” ecosystems; (c) 90% for “highly” or “largely modified” aquatic ecosystems. as defined in table 3.4.1 denoted as level of ecosystem protection (% species). PART V - ATTAINMENT PROGRAM General 9. Principal Policy attainment measures to also apply to Schedule area Clauses 12 to 58 (the Attainment Program) of the Policy, shall apply to the schedule area. 10. Responsibilities (1) The Authority will identify and promote measures to achieve the best practicable environmental outcomes within the Schedule area. (2) The Authority will exercise its powers, duties and responsibilities to - (a) assist the community to understand and contribute to the improvement of water quality in the Schedule area; (b) work co-operatively with all those who use and manage the Schedule area and promote the use of best practices that protect beneficial uses in the Schedule area; (c) ensure that any notice, works approval or licence issued under the Act contains requirements that are consistent the Schedule; and (d) co-ordinate, review and report on the attainment of the provisions of this Schedule. (3) Protection agencies with responsibilities in the Schedule area must review existing environmental management systems to ensure operations are managed in compliance with the provisions of this Schedule. 11. Port Phillip Bay Environmental Management Plan. (1) The Department of Natural Resources and Environment, with advice from the Victorian Coastal and Bay Management Council, the Port Phillip Regional Catchment and Land Protection Board and in consultation with the Authority, other protection agencies and interested users of the Bay and its catchment, must ensure that a Port Phillip Bay Environmental Management Plan is developed and implemented for the Schedule area to achieve in a timely fashion the objectives of this Schedule. (2) The Port Phillip Bay Environmental Management Plan must provide a framework for the- (a) identification of responsibility for particular issues; (b) co-ordination of the management of activities that may affect the protection of beneficial uses; (c) determination of priorities and timing of actions to address particular issues; (d) development of action plans for particular issues, areas or catchments to ensure compliance with the Schedule; (e) development of long term waste management plans for diffuse and point source discharges that may affect the protection of beneficial uses, particularly those sources contributing nutrients, suspended solids, pathogens, litter or foreign organisms; and (f) review and reporting of progress of the plan to the community. 12. Nutrient Management (1) The Department of Natural Resources and Environment must, within 12 months of the day upon which the Schedule comes into effect, develop and implement a nutrient reduction plan as a component of the Environmental Management Plan to be developed under Clause 11. The nutrient reduction plan will aim to reduce the annual load of nitrogen discharged from the catchment to the Bay by 1000 tonne in accord with sub-clause (2) by 2006.

(2) For the purposes of nitrogen reductions specified in sub-clause (1) the baseline will be determined by the Authority, in consultation with the Department of Natural Resources and Environment, on the basis of an assessment of the nitrogen data for the period 1992 to 1996 inclusive held in the Port Phillip Bay Environmental Study database. 13. Dredging and disposal of dredged material (1) Protection agencies or bodies undertaking dredging or spoil disposal must ensure that - (a) these activities are conducted in accordance with current best practice or any code of best practice approved by the Authority; (b) these activities are conducted and managed to ensure local exceedances of the environmental objectives listed in Table 2 are confined to the smallest practicable area and over the shortest practicable time in the vicinity of the dredging and disposal operation; (c) these activities do not re-suspend and/or disperse sediments or accumulated contaminants that will be detrimental to the long term protection of beneficial uses; and (d) dredge spoil is disposed to land in preference to water wherever practicable and environmentally beneficial as determined by the Authority. (2) Protection agencies must ensure that any permit issued or approval given in relation to a planning scheme for dredging or de-silting operations contain requirements that are consistent with sub-clauses 1(a) (b) (c) and (d). (3) Protection agencies must ensure that works for beach maintenance and beach re-nourishment are consistent with the long term protection of beneficial uses, particularly the maintenance of natural aquatic ecosystems as specified in Table 1. 14. Operation and maintenance of ships and harbour activities Protection agencies and bodies responsible for regulating and/or operating ships must ensure that ships and the harbour facilities do not have an adverse impact on the beneficial uses of the Schedule area and, in particular, must ensure that - (1) discharge of wastes from ships, including oil, ballast and hull waters, sediments and litter, is managed in accordance with best practice; (2) loading and unloading of ships and other harbour activities are conducted in accordance with best practice; (3) potential contaminants from ship maintenance and related activities are contained and disposed of in accordance with current best practice or any code of best practice approved by the Authority; (4) sewage produced on board ships is not disposed of to the waters of the Schedule area; (5) Programs are developed and progressively implemented to ensure that sewage produced on board any ship that is- (a) seven metres of more in length and which is fitted with toilet facilities; or (b) designed with facilities for overnight accommodation, is contained for subsequent transfer to treatment works or disposal in accordance with current best practice or any code of practice approved by the Authority. 15. Marina and canal developments (1) The environmental quality objectives for the waters of marinas and canal estate developments will be those for the segment to which the basin opens. (2) Protection agencies must ensure that - (a) any development, such as a marina or canal estate, is not detrimental to the protection of beneficial uses; and (b) any planning permit issued in relation to a planning scheme, or other approvals, or notice issued under the Act, contain requirements that are consistent with this Schedule.

16. Artificial structures In approving any application for the construction, siting or operation of an artificial structure or for works in relation to artificial structures, protection agencies must ensure that - (1) the design, construction and maintenance of the artificial structure will not be detrimental to the protection of beneficial uses; (2) the approval contains conditions or requirements that are consistent with this Schedule; and (3) the approval contains provision for rehabilitation of the area in which the artificial structure is sited if the structure is no longer required. 17. Aquaculture (1) Protection agencies must ensure that aquaculture activities, in particular - (a) the artificial concentration of marine organisms; (b) the operations required to maintain these populations; and (c) harvesting and processing, are undertaken consistent with the protection of maintenance of aquatic ecosystems as specified in Table 1. (2) Protection agencies must ensure that aquaculture is conducted in accordance current best practice or any code of best practice approved by the Authority. (3) Any approval granted by a protection agency for an aquaculture project must include provisions for rehabilitation of the area in which the project is sited that may be required to ensure the protection of beneficial uses if the project is relocated, ceases operation or is abandoned. 18. Harvesting of living resources Protection agencies must ensure that the harvesting of fish, shellfish or other aquatic biota does not adversely affect other beneficial uses. 19. Recreation activities Protection agencies must ensure that recreational activities are planned and managed to control any current and prevent any anticipated impact on the beneficial uses in the Schedule area. 20. Control of point source discharges The Authority must ensure that occupiers of premises discharging waste to Port Phillip Bay operate and manage facilities to ensure that- (1) future up-grades and augmentation of works shall improve waste water quality and reduce environmental impacts; (2) the extent of mixing zones is progressively reduced by the application of best practice including cost effective waste treatment technology, cleaner production principles, waste minimisation and the sustainable re-use of waste water; and (3) the sustainable re-use of waste water and treatment sludges is maximised where ever practicable and environmentally beneficial. 21. Sewage management (1) Protection agencies responsible for sewage management must ensure programs are implemented to ensure- (a) incidences and impacts of sewer overflows, leakages and collapses are minimised; (b) new sewerage infrastructure has the hydraulic capacity to contain the flows associated with a 1-in-5-year rainfall event; and (c) existing sewerage infrastructure is progressively upgraded to ensure sewerage systems have the hydraulic capacity to contain the flows associated with a 1-in-5-year rainfall event, or other

standard established by the Authority, with priority given to those areas which most adversely affect, or have the potential to most adversely affect, beneficial uses. (2) Protection agencies responsible for sewage and sewerage management must review sewage and sewerage systems and undertake remedial works to ensure consistency with clause 40 of the Principal Policy, with priority given to those areas which most adversely affect, or have the potential to most adversely affect, the identified beneficial uses. 22. Stormwater management (1) Protection agencies responsible for drainage and waterway management, and land use planning, must ensure that - (a) new urban development and drainage systems are designed, constructed and maintained in accordance with current best practice, or any code of best practice approved by the Authority, to ensure beneficial uses are protected; (b) existing stormwater systems are reviewed to identify opportunities for enhancement, and are upgraded where practicable and effective in reducing pollutant loads to the Bay with priority given to; (i) identifying areas posing a risk to the protection of beneficial uses and implementing management programs to address identified risks; and (ii) identifying and exploiting opportunities for improving the environmental performance of drainage systems, including the installation of water quality, litter control, and flow improvement measures, as part of normal infrastructure replacement and refurbishment programs. (2) Protection agencies responsible for the management of the catchment in the Schedule area must ensure that contaminants in run-off, including litter, are prevented from adversely affecting beneficial uses. In particular, attention must be given to - (a) waste minimisation and litter control programs; (b) regular maintenance of litter and waste water treatment works; (c) regular removal of contaminants from surfaces by means that do not pollute the waters; and (d) trapping of contaminants in run-off as close as practicable to the source. 23. Sediment management Protection agencies responsible for approving or undertaking land use and construction activities that may cause disruption to the soil in the catchment of the Schedule area must ensure - (1) works and activities are conducted in accordance with current best practice or any code of best practice approved by the Authority to prevent sediment adversely impacting upon beneficial uses; and (2) any approval issued by a protection agency for such works or activities must contain requirements consistent with this Schedule. 24. Monitoring, assessment and reporting of environmental quality and policy performance (1) The Authority will ensure that - (a) monitoring of environmental quality in the Schedule area, through its progams and those of protection agencies, provides the information necessary to assess compliance with the provisions of the Schedule; (b) protection agencies having powers or duties in respect of the management or use of the natural resources of the Schedule area carry out monitoring of ambient environmental quality to enable assessment of the likely impact of that management or use on the environment; and (c) any works approval, licence or licence amendment in respect of a discharge of wastes to any waters in the Schedule area is subject to conditions that the occupier of the premises shall, at the occupier’s cost, carry out monitoring of ambient environmental quality to assess the likely impact of the discharge on the environment.

(2) The monitoring programs referred to in sub-clause (1) including sampling and analysis methods, quality assurance measures, assessment protocols and reporting protocols associated with the monitoring programs must be those approved by the Authority. (3) The Authority will periodically report the quality of surface waters within the Schedule area to the public. (4) A report under sub-clause (3) will include- (a) an overview of water quality within the Schedule area; (b) a review of the effectiveness of the implementation of the Schedule; and (c) an assessment of the adequacy of the monitoring program(s). (5) Protection agencies must assist the Authority to prepare reports under sub-clause (3) by making available water quality information and data for the Schedule area, and reporting progress of implementation of programs targeted towards achievement of Schedule goals. (6) The Authority will prepare and co-ordinate the implementation of a communication strategy to inform the public of the suitability of the waters for recreational uses over the summer period. (7) Protection agencies must ensure monitoring and reporting of the suitability of fish and shellfish for human consumption in the Schedule area is undertaken.

F7. Waters of the Yarra Catchment 1. Title This Schedule may be cited as Schedule F7. Waters of the Yarra Catchment, referred to below as the “Schedule”. 2. Contents of Schedule This Schedule is divided into parts as follows - PART I - PRELIMINARY 3. Definitions 4. Schedule goals PART II - BOUNDARIES OF THE AREA AFFECTED 5. Schedule area 6. Segments PART III - BENEFICIAL USES TO BE PROTECTED 7. Beneficial uses PART IV - ENVIRONMENTAL QUALITY INDICATORS AND OBJECTIVES 8. Environmental quality indicators and objectives PART V - ATTAINMENT PROGRAM General 9. Addition to Principal Policy provisions 10. Responsibilities 11. Yarra Catchment Action Plan Waterway Management 12. Point source management 13. Off-set measures 14. Stabilisation of waterways and protection of habitat 15. Environmental water requirements 16. Flood plains and flood detention 17. Recreation 18. Operation and maintenance of ships and harbour activities 19. Dredging or de-silting waters and the disposal of dredged material Catchment Management 20. Sewage management 21. Potable water supply 22. Run-off from urban land, built-up areas and main roads 23. Earthworks 24. Sediment from roads 25. Run-off from non-urban land 26. Salinity control Related Activities

27. Monitoring, assessment and reporting of environmental quality and policy performance 28. Best practice guidelines, protocols and programs

PART I - PRELIMINARY 3. Definitions In this Schedule, unless inconsistent with the context or subject matter - “ambient” means the environmental condition determined by the level of an indicator, measured in a manner and at a location specified by the Authority; “A.M.G” means the Australian Map Grid; “aquatic ecosystem” means the community of animals and plants living within or immediately adjacent to a waterway; “base flow” means a stream flow not sourced predominantly from surface run-off. “council” has the same meaning as in the Local Government Act 1989; “litter” has the same meaning as in the Litter Act 1987; “N” means there is to be no variation from background level of water quality; “NTU” means nephlometric turbidity units; “off-set measures” means measures that - (i) are undertaken by the occupier of one premises to reduce the discharge of wastes to the environment from another premises; and (ii) achieve an environmental outcome equivalent to or improved upon that which could be achieved through any measure to reduce the discharge of waste from the first premises; “permitted diversion” means the harvesting of surface water for any purpose, including for instream storage, pursuant to a licence or a permit under the Water Act 1989 or the Melbourne and Metropolitan Board of Works Act 1958; “ports and harbour authority” means any body with responsibility for regulating the movements and operations of vessels within the Schedule area; “protection agency” means any person or body, whether corporate or unincorporate, having powers or duties under any other Act with respect to the environment or any segment of the environment in any part or parts of Victoria; “SIGNAL” means Stream Invertebrate Grade Number - Average Level, which is an index of water pollution based on tolerance or intolerance of biota to pollution; “T” means - (i) the national guideline concentration for toxicants in waters specified for the protection of aquatic ecosystems in the Australian Water Quality Guidelines for Fresh and Marine Waters, published by the Australian and New Zealand Environment and Conservation Council (ANZECC, 2000); or Note: Variation 3/6/2003, No. S107, Gazette 4/6/2003 requires that the level of ecosystem protection that needs to be used to determine the objective is: (a) 99% for “largely unmodified”, “natural” and” substantially natural” aquatic ecosystems; (b) 95% for “modified” ecosystems; (c) 90% for “highly” or “largely modified” aquatic ecosystems. as defined in table 3.4.1 denoted as level of ecosystem protection (% species). (ii) other criteria specified by the Authority;

“TC” means - (i) the threshold concentration of chemical compounds in water capable of tainting fish flesh and other aquatic organisms, specified in the Australian Water Quality Guidelines for Fresh and Marine Waters published by the Australian and New Zealand Environment and Conservation Council (ANZECC, 2000); or Note: Variation 3/6/2003, No. S107, Gazette 4/6/2003 requires that the level of ecosystem protection that needs to be used to determine the objective is: (a) 99% for “largely unmodified”, “natural” and” substantially natural” aquatic ecosystems; (b) 95% for “modified” ecosystems; (c) 90% for “highly” or “largely modified” aquatic ecosystems. as defined in table 3.4.1 denoted as level of ecosystem protection (% species). (ii) other criteria specified by the Authority; “TH” means - (i) the minimum risk concentrations in water required to protect consumers from toxicants that may accumulate in the tissue of fish, crustacea and shellfish, specified in the Australian Water Quality Guidelines for Fresh and Marine Waters published by the Australian and New Zealand Environment and Conservation Council (ANZECC, 2000); or Note: Variation 3/6/2003, No. S107, Gazette 4/6/2003 requires that the level of ecosystem protection that needs to be used to determine the objective is: (a) 99% for “largely unmodified”, “natural” and” substantially natural” aquatic ecosystems; (b) 95% for “modified” ecosystems; (c) 90% for “highly” or “largely modified” aquatic ecosystems. as defined in table 3.4.1 denoted as level of ecosystem protection (% species). (ii) other criteria specified by the Authority; “waterway” includes a river, creek, stream or watercourse or a natural channel in which water regularly flows, whether or not the flow is continuous or a lake, lagoon, swamp or marsh; “works” has the same meaning as in the Planning and Environment Act 1987. 4. Schedule goals The goals of this Schedule are to - (1) protect the beneficial uses of the Schedule area; and (2) protect the beneficial uses of Port Phillip Bay from the effects of sediment and wastes transported by the Yarra River from the Schedule area.

PART II - BOUNDARIES OF THE AREA AFFECTED 5. Schedule area This Schedule shall apply to the area represented in Figure 1, being all surface waters within the catchments of the Yarra River and its tributaries upstream of a line drawn across the mouth of the Yarra River (A.M.G. Co- ordinates E 315300 N 5809000) corresponding with the parallel 37° 50' 30", except - (1) the Maribyrnong River and its catchment north of a line from the eastern end of Lyell Street, Yarraville to the southern-most point of Coode Island; and (2) Stony Creek and its catchment west of Hyde Street, Yarraville. 6. Segments (1) Clause 9 of the Policy does not apply to this schedule.

(2) For the purpose of this Schedule, the following segments of the environment, represented in Figure 1, are classified within the Schedule area - (a) Aquatic Reserves Segment, consisting of the surface waters of - (i) the catchments upstream of the water supply off-takes at Upper Yarra Reservoir, O'Shannassy Weir, Armstrong Creek Weirs (east and west branches), Starvation Creek Weir, Big Flume Weir, Cement Creek (east branch) Weir, Coranderrk Creek Weir, Graceburn Creek Weir, Maroondah Reservoir, Sawpit Creek Weir, Donnelly's Creek Weir, Torrourrong Reservoir, Yan Yean Reservoir, Silvan Reservoir and Greenvale Reservoir (not including catchment upstream of diversion drains); (ii) the catchments upstream of O'Shannassy Aqueduct from which waters drain directly into the aqueduct; (iii) the Yarra Ranges National Park, except for tributaries to the Yarra River from the north of the Yarra River between O'Shannassy River and Armstrong Creek; (iv) Watsons Creek and its catchment within Kinglake National Park; (v) Dry Creek and its catchment within Kinglake National Park upstream of A.M.G. Easting E 355000 (approximately 1 kilometre upstream of the crossing of Dry Creek by Jerusalem Track); and (vi) the un-named creek and its catchment on the north-west side of Mt Everard upstream of the point where that creek crosses the Kinglake National Park Boundary (A.M.G. Co- ordinates E 350850 N 5839900). (b) Parks and Forests Segment, consisting of the surface waters of - (i) Yarra River and Cement Creek and their catchments upstream of their junction; (ii) the southern catchments of the Yarra River contained in the Yarra State Forest east of Hoddles Creek; (iii) Black Sand Creek and its catchment upstream of its junction with Taylor Creek; (iv) Wombat Creek and its catchment upstream of Hoddles Creek, and Hoddles Creek and its catchment upstream of A.M.G. Northing N 5809000; (v) McCrae Creek and its catchment upstream of A.M.G. Easting E 378250; (vi) Tomahawk Creek and its catchment upstream of its junction with Shepherd Creek; (vii) the catchments upstream of the O'Shannassy Aqueduct which cross the aqueduct or its reticulated sections, between the Don River and Cement Creek catchments; (viii) Don River and its catchment upstream of A.M.G. Northing N 5824000; (ix) Ure Creek and its catchment upstream of its intersection with McMahons Road; (x) the Coranderrk Aqueduct reserve and the catchments upstream of the Coranderrk Aqueduct which cross the aqueduct or its reticulated sections, between Donna Buang Road and A.M.G. Northing N 5821800; (xi) Myers Creek and its catchment upstream of A.M.G. Northing N 5835000, near the junction of Forty Nine Road and Myers Creek Road; (xii) New Chum Creek and its catchment upstream of A.M.G. Northing N 5838300 near Joshua Road; (xiii) Watsons Creek and Reedy Creek and their catchments upstream of their junction; (xiv) the catchments within and upstream of Kinglake National Park; (xv) Happy Valley Creek and its catchment; (xvi) Stevensons Creek and its catchment upstream of A.M.G. Northing N 5826600; (xvii) Scrubby Creek and its catchment upstream of the intersection of Scrubby Creek and Humevale Road immediately upstream of Humevale, near Parkers Road;

(xviii) Mt Disappointment State Forest; (ixx) Lyrebird Gully and its catchment within Dandenong Ranges National Park; (xx) Yarraloch Wildlife Reserve, Warramate Hills; and (xxi) Sugarloaf Creek and its catchment upstream of Winneke Dam - but not including any of the surface waters of the Aquatic Reserves Segment. (c) Rural Eastern Waterways Segment, consisting of the surface waters of - (i) Yarra River and its catchment upstream of the Sugarloaf Reservoir diversion at Yering Gorge, but not including Olinda Creek and its catchment downstream from York Road to Stringybark Creek; (ii) the northern catchments of the Yarra River from the Sugarloaf Reservoir diversion at Yering Gorge to, and including, Watsons Creek; and (iii) Diamond Creek and its catchment upstream of the junction of Diamond Creek and Arthurs Creek - but not including any of the surface waters of the Aquatic Reserves Segment and the Parks and Forests Segment. (d) Rural Western Waterways Segment, consisting of the surface waters of- (i) Plenty River and its catchment upstream of the intersection of Gorge Road and the Plenty River; (ii) Darebin Creek, its tributaries and their catchments upstream of their intersection with Findon Road, Epping; (iii) Edgars Creek and its catchment upstream of O'Herns Road; and (iv) Merri Creek and its catchment immediately upstream of its junction with Malcolm Creek and the eastern tributaries to Merri Creek and their catchments upstream of O'Herns Road, Somerton - but not including any of the surface waters of the Aquatic Reserves Segment and the Parks and Forests Segment. (e) Urban Waterways Segment, consisting of the surface waters of- (i) the Yarra River from the Sugarloaf Reservoir diversion at Yering Gorge to Dights Falls; (ii) Olinda Creek and its catchment downstream from York Road, Mt Evelyn to Stringybark Creek; (iii) the catchments of the southern tributaries to the Yarra River downstream from the Sugarloaf Reservoir diversion at Yering Gorge; and (iv) the catchments of the northern tributaries to the Yarra River downstream of its junction with Watsons Creek, but not including Railway Canal or Moonee Ponds Creek south of Macaulay Road, Flemington - but not including any of the surface waters of the Aquatic Reserves Segment, the Parks and Forests Segment, the Rural Eastern Waterways Segment and the Rural Western Waterways Segment. (f) Upper Estuary Segment, consisting of the surface waters of - (i) the Yarra River between Dights Falls and A.M.G. Easting E 3178000 (to the west of Victoria Dock); and (ii) Victoria Dock. (g) Yarra Port Segment, consisting of the surface waters of -

(i) the Yarra River between A.M.G. Easting E 3178000 (to the west of Victoria Dock) and a line drawn across the mouth of the Yarra River (A.M.G. Co-ordinates E 315300 N 5809000) corresponding with the parallel 37° 50' 30"; (ii) Stony Creek east of Hyde Street, City of Hobsons Bay; (iii) Swanson Dock and Appleton Dock; and (iv) Railway Canal or Moonee Ponds Creek south of Macaulay Road, Flemington - but not including any of the surface waters of the Maribyrnong River north of a line drawn from the eastern end of Lyell Street, Yarraville to the southern-most point of Coode Island.

FIGURE 1. Schedule F7. Area and Segments

PART III - BENEFICIAL USES TO BE PROTECTED 7. Beneficial uses (1) Clause 10 of the Policy does not apply to this schedule. (2) Subject to sub-clauses (3), (4) and (5), the beneficial uses shown in Table 1 shall be protected in each segment marked with a tick. (3) For the purposes of Table 1, the letters super-scripted after the allocation of beneficial uses to segments have the following meanings - “a” means that within the Aquatic Reserves Segment, “Passage of indigenous fish” past the Upper Yarra, Maroondah and Toorourong Reservoirs is not a protected beneficial use; “b” means that within the Urban Waterways Segment - (i) until and including 31 December 2002, “primary contact recreation” shall not be a protected beneficial use except in the waters of the Yarra River; (ii) after 31 December 2002, “primary contact recreation” shall be a protected beneficial use during base flow periods and after a minimum period of five days has elapsed since the occurrence of a rainfall run-off event in those surface waters - - where primary contact recreation is not prohibited by any law; and - that are at least one metre in depth during base flow conditions and have at that depth, the shortest surface dimension of at least 6 metres and the longest surface dimension of at least 10 metres; “c” means that within the Upper Estuary Segment “primary contact recreation” shall not be a protected beneficial use until and including 31 December 2002; “d” means that within the Aquatic Reserves Segment, “Water based recreation” and “Commercial and recreational use of edible fish and crustacea” are not protected beneficial uses within the water supply areas with restricted public access identified in clauses 6(2)(a)(i) and 6(2)(a)(ii).

TABLE 1. Beneficial Uses to be Protected in Segments

SEGMENT BENEFICIAL USE Aquatic Parks Rural Rural Urban Upper Yarra Reserves and Eastern Western Water- Estuary Port Forests Water- Water- ways ways ways Maintenance of natural aquatic ecosystems and associated wildlife Natural ecosystems  Natural ecosystems with occasional  disturbance due to human activity Substantially natural ecosystems  with some modification Modified ecosystems   Highly modified ecosystems with   some habitat values Passage of indigenous fish a       Maintenance of indigenous riparian      vegetation Water based recreation Primary contact (eg. swimming, d    b c water skiing)

Secondary contact (eg. boating, d       fishing)

Aesthetic enjoyment (eg. walking by d       the waters) Commercial and recreational use of d       edible fish & crustacea Potable water supply Untreated  With treatment (disinfection only)  With treatment (disinfection &  removal of suspended solids) Agricultural water supply Stock water     Irrigation (including watering      parks and gardens) Other Commercial Purposes Industrial water use      Navigation and shipping  

PART IV - ENVIRONMENTAL QUALITY INDICATORS AND OBJECTIVES 8. Environmental quality indicators and objectives (1) Clause 11 of the Policy does not apply to this schedule. (2) National water quality criteria Subject to sub-clauses (3) and (4), the water quality objectives to protect beneficial uses shall be those specified in the Australian Water Quality Guidelines for Fresh and Marine Waters, published by the Australian and New Zealand Environment and Conservation Council (ANZECC, 2000). Note: Variation 3/6/2003, No. S107, Gazette 4/6/2003 requires that the level of ecosystem protection that needs to be used to determine the objective is: (a) 99% for “largely unmodified”, “natural” and” substantially natural” aquatic ecosystems; (b) 95% for “modified” ecosystems; (c) 90% for “highly” or “largely modified” aquatic ecosystems. as defined in table 3.4.1 denoted as level of ecosystem protection (% species). (3) (a) For the purposes of the Schedule water quality must comply with the objectives specified in Table 2 and water quality is to be maintained as close as practicable to background levels. (b) For the purposes of Table 2 - (i) the letters super-scripted after the levels of indicators have the following meanings - “a” means the value is the objective for the Yarra River main stream; “b” means the value is the objective for the tributaries of the Yarra River; “c” means the value is the objective for the urban waterways segment of the Yarra River main stream, upstream of its confluence with Diamond Creek; “d” means the value is the objective for the urban waterways segment of the Yarra River main stream, downstream of its confluence with Diamond Creek; “e” means the value is the objective until 31 December 2002, when the objective becomes <200 organisms/100 ml to protect the beneficial use of primary contact recreation; “f” means objectives have not been specified due to the lack of data and an inadequate understanding of the effects of nutrients on the estuarine environment; (ii) statistically based objectives may be assessed using monitoring and analytical protocols approved by the Authority. (iii) where a chemical element or compound is listed as more than one of a toxicant (“T”), a potential taint (“TC”) or a bioaccumulator (“TH”), the more stringent value is the environmental quality objective. (iv) where an objective involves the alternatives of a numerical limit or a numerical limit resulting from a percentage change, the higher number shall apply. (v) the minimum concentration (mg/l) for dissolved oxygen must be determined over several diurnal cycles, including during summer low flows. (vi) where the background level of water quality does not comply with the numerical limit in Table 2, maintenance of the background level shall become the objective. (vii) for those areas of the Aquatic Reserves segment where water quality is affected by activities approved under the National Parks Act 1978, the objectives of the Parks and Forests segment shall apply.

TABLE 2. In-stream Environmental Quality Indicators and Objectives

Segments Aquatic Parks Rural Rural Urban Upper Yarra Reserves and Eastern Western Waterway Estuary Port Indicators (Units) Forests Waterways Waterways s Temperature (*C increase) N <1°C <2°C <2°C <2°C <2°C <2°C pH (pH units) range N 6.5 - 8.5 6.0 - 8.5 6.0 - 8.5 6.0 - 8.5 6.5 - 8.5 6.5 - 8.5 maximum variation 0 0.5 0.5 0.5 0.5 0.5 0.5 Salinity maximum (mg/l) N <200 <200a/ <1500 <500a/ <500b <1000b max. variation (%) 0 10 10 25 10a/20b Dissolved oxygen minimum N >8.0 >6.0 >6.0 >6.0 >6.0 >6.0 concentration (mg/l) minimum N >85 >80 >60 >60 >60 >60 percentage saturation(%) Turbidity annual 50th N <5 <15 <25 <20c/<30d/ <30 <20 percentile (NTU) <25b annual 90th N <10 <30 <80 <50c/<80d/ <80 <50 percentile (NTU) <80b Non-filtrable residue (Suspended Solids) annual 50th N <5 <20 <25 <25c/<50d/ <50 <25 percentile (mg/l) <25b annual 90th N <10 <40 <90 <60c/<90d/ <90 <60 percentile (mg/l) <90b Nutrients (during base flows) Total phosphorus N <0.03 <0.05 <0.05 <0.08a / f f (mg/l) <0.1b Total nitrogen N <0.2 <0.6 <0.6 <0.9a / f f (mg/l) <1.0b Toxicants general N

*T refers to T in Table 3.4.1 of the Australian and New Zealand Water Quality Guidelines for Fresh and Marine Water Quality (2000). The decision and assessment process outlined in the Principle Policy is triggered if the T value is exceeded. Note: Variation 3/6/2003, No. S107, Gazette 4/6/2003 requires that the level of ecosystem protection that needs to be used to determine the objective is: (a) 99% for “largely unmodified”, “natural” and” substantially natural” aquatic ecosystems; (b) 95% for “modified” ecosystems; (c) 90% for “highly” or “largely modified” aquatic ecosystems. as defined in table 3.4.1 denoted as level of ecosystem protection (% species). (c) The level of settleable material must not result in deposits that adversely affect beneficial uses or the hydraulic capacity of the drainage infrastructure. (d) The aesthetic characteristics of the Schedule area must be protected and in particular there must not be any - (i) litter; (ii) anthropogenic floatable materials, foams or scums; (iii) materials causing objectionable colours or odours; or (iv) visible films of oils, greases and petrochemical products or odours from such products.(4) Nutrient loads, particularly nitrogen, exported from the Yarra catchment to Port Phillip Bay must be consistent with the Nutrient Reduction Plan developed under clause 12 of Schedule F6 to the Principal Policy. (5) (a) Levels for specific quantitative ecological indicators of environmental quality for the Segments of this Schedule are shown in Table 3.

TABLE 3. Objectives for Ecological Indicators of Environmental Quality

SEGMENTS Aquatic Parks Rural Rural Urban Upper Yarra e e Reserves and Eastern Western Waterway Estuary Port Forests Waterway Waterway s s s Invertebrate community SIGNAL Index 7.0 7.0 6.5 5.5 6.0a / Score 5.5b

Minimum number 30 30 27 20 26a / 20b of Familiesc

Key Families List 1 List 2 List 3 (listed in Table 4) No. present 19 17 17a / 16b 10 16a / 12b Fish (presence)d Freshwater Blackfish Gadopsis      marmoratus Tupong f       Pseudaphritis urvillii Grayling Prototroctes f       mareana Spotted Galaxias f       Galaxias truttaceous

Common Galaxias f       G. maculatus (b) For the purposes of Table 3 - (i) assessment of indicators is by the Rapid Bioassessment Method approved by the Authority. Their assessment requires data combined from two sampling occasions (one each in autumn and spring) and, where possible, the sampling of two habitats (riffles and edge/macrophytes); (ii) the letters super-scripted after the levels of certain indicators in Table 3 have the following meanings - “a” means the value is the objective for the Yarra River main stream; “b” means the value is the objective for the tributaries of the Yarra River; “c” means the taxonomic level of Family excluding families of Acarina, Oligochaeta, Platyhelminthes (Tricladida and Temnocephalidea), Cnidaria, Collembolla, Ostrocoda, Copepoda, Cladocera, Hirudinea, Polychaeta, Nematoda, Nematomorpha, Porifera; “d” means in streams of appropriate size and within the natural range of the species; “e” means invertebrate communities have not been specified due to the lack of knowledge of current conditions, of what occurs in undisturbed systems, and what is attainable; “f” means except in waters upstream of the Upper Yarra, Maroondah and Toorourrong Reservoirs; (iii) List 1 is a reference to the key families of invertebrates in the Aquatic Reserves Segment and the Parks and Forests Segment, specified in Table 4; (iv) List 2 is a reference to the key families of invertebrates in the Rural Eastern Waterways Segment and the Rural Western Waterways Segment, specified in Table 4; (v) List 3 is a reference to the key families of invertebrates in the Urban Waterways Segment, specified in Table 4.

TABLE 4. Lists of key families for segments of this Schedule

List 1 List 2 List 3 Aquatic Reserves Rural Eastern Urban Waterways Segment & Parks Waterways Segment Segment and Forest Segment and Rural Western Waterways Segment Stoneflies Gripopterygidae Gripopterygidae Gripopterygidae Austroperlidae Austroperlidae Eustheniidae Notonemouridae Mayflies Leptophlebiidae Leptophlebiidae Leptophlebiidae Baetidae Baetidae Baetidae Coloburiscidae Caenidae Caenidae Coloburiscidae Dragonflies Aeshnidae Aeshnidae Aeshnidae Lestidae/Synlestidae/Cordulidae Lestidae/Synlestidae/Cordulidae Megapodagrionidae Any other family of Odonata True flies Athericidae Athericidae Blephariceridae Caddis flies Leptoceridae Leptoceridae Leptoceridae Philorheithridae Philorheithridae Ecnomidae Helicopsychidae Glossosomatidae Hydrobiosidae Glossosomatidae Calocidae Hydropsychidae Hydrobiosidae Calamoceratidae Calamoceratidae Philopotamidae Hydrobiosidae Hydropsychidae Hydropsychidae Calocidae Ecnomidae Helicophidae Atriplectididae Conoesucidae Conoesucidae Beetles Elmidae Elmidae Elmidae Ptilodactilidae Ptilodactylidae Hydrophilidae Scirtidae Hydrophilidae Psephenidae Hydrochidae Amphipods Eusiridae Ceinidae/Eusiridae Ceinidae/Eusiridae Shrimps Atyidae Atyidae Snails/Bivalves Hydrobiidae/Corbiculidae Hydrobiidae/Corbiculidae

TOTAL 24 26 19

PART V - ATTAINMENT PROGRAM General 9. Addition to Principal Policy provisions Clauses 12 to 58 (the Attainment Program) of the Policy, shall apply to the schedule area. 10. Responsibilities (1) The Authority will identify and promote measures to achieve the best practicable environmental outcomes within the Schedule area. (2) The Authority will exercise its powers, duties and responsibilities to - (a) assist the community to understand and contribute to the improvement of water quality in the Schedule area; (b) work co-operatively with all who use and manage the Schedule area and promote the use of best practices that protect beneficial uses in the Schedule area;

(c) ensure that any notice, works approval or licence issued under the Act contains requirements that are consistent with the Schedule; and (d) co-ordinate, review and report on the attainment of the provisions of this Schedule. (3) Protection agencies with powers or duties in the Schedule area must - (a) review existing environmental management arrangements to ensure operations are managed consistent with the provisions of this Schedule; (b) periodically assess the effectiveness of environmental management systems established or revised under sub-clause (3)(a) in contributing to the achievement of Schedule objectives, and revise systems in accordance with assessment outcomes; and (c) report to the Authority the outcomes of assessments conducted under sub-clause (3)(b). 11. Yarra Catchment Action Plan (1) Protection agencies responsible for natural resource and catchment management must ensure that a Yarra Catchment Action Plan for the Schedule area is developed and implemented in collaboration with local government, waterway and drainage managers, catchment advisory bodies, community groups, industry and other interested users of the catchment, to achieve the objectives of this Schedule. (2) The Yarra Catchment Action Plan referred to in sub-clause (1) must - (a) co-ordinate the management of activities that affect water quality; (b) identify priorities and timing for action; (c) assign specific responsibilities for action; (d) provide a basis for action to address particular issues, areas or catchments; (e) guide management of wastewater and drainage discharges; (f) provide a basis for the long-term management of diffuse and point sources of waste affecting water quality, particularly those contributing to excess levels of nutrients, suspended solids, pathogens and litter, consistent with the principles of waste avoidance and minimisation; (g) enable the on-going involvement of persons and organisations with an interest in water quality in the Schedule area.

Waterway Management 12. Point source management (1) The Authority will ensure that occupiers of premises discharging waste to the surface waters of the Schedule area operate and manage facilities to ensure that - (a) the extent of mixing zones is progressively reduced by the application of best practice, including cost effective waste treatment technology, cleaner production principles, waste minimisation and the sustainable re-use of wastewater; and (b) the sustainable re-use of wastewater and treatment sludges is maximised wherever practicable and environmentally beneficial. (2) In implementing sub-clause (1), facilities and operating practices of sewage treatment plants with capacity exceeding 0.1 ML/day must be upgraded such that by 1 July 2004, discharges cause no detrimental change in the environmental quality of the receiving waters as determined by an in-stream monitoring and assessment program approved by the Authority. 13. Off-set measures (1) The Authority may approve, for a period specified by the Authority, a lower quality of discharge from a premises than would otherwise be acceptable to the Authority if - (a) the occupier of the premises agrees to implement and maintain any off-set measures that offer either equivalent or greater protection of beneficial uses within the area specified by the Authority; and (b) the discharge will not be detrimental to any beneficial use outside any designated mixing zone. (2) Any renewal or continuation of these arrangements is conditional on the Authority being satisfied that - (a) the off-set continues to offer either equivalent or greater protection of beneficial uses within the area specified by the Authority; and (b) the discharge will not be detrimental to any beneficial use outside any designated mixing zone. 14. Stabilisation of waterways and protection of habitat Protection agencies (including councils) and occupiers of premises adjacent to waterways must ensure that waterways and riparian zones are managed to protect beneficial uses, and in particular that - (1) programs are developed and implemented to stabilise and rehabilitate degraded waterways which are posing a threat to beneficial uses; (2) waterway revegetation programs include measures to restore indigenous riparian vegetation communities; (3) remnant indigenous vegetation beside waterways is maintained and protected; (4) adverse impacts of land use activities on waterways, in particular stock access to streams, land disturbance practices and the application of biocides and fertiliser, are minimised; (5) de-snagging activities are managed in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority; (6) new in-stream structures or works affecting waterways, including existing structures undergoing refurbishment, are designed, constructed and managed to provide for the passage of indigenous fish; and (7) existing barriers to fish movement are progressively removed, with priority given to those barriers which most adversely affect, or have the potential to most adversely affect beneficial uses. 15. Environmental water requirements (1) Bulk Entitlement Orders made under the Water Act 1989 for water harvesting and main storage systems within the Schedule area must provide allocations of water for environmental purposes that are consistent with protecting beneficial uses. (2) In the interim, until the establishment of bulk entitlements for the Yarra River, protection agencies responsible for water resource management, including water harvesting and main storage systems must

ensure water resources are managed to protect beneficial uses, and to the extent practicable, to provide a flow in the Yarra River downstream of the Yering Gorge diversion of no less than 245 ML/day. (3) Protection agencies responsible for water resource management including water diversions, drainage and waterway management must ensure water resources are managed to protect beneficial uses, and in particular that - (a) stream flow management plans are developed and implemented to ensure water allocations, including those made under sub-clause (1) are managed to protect beneficial uses; (b) water diversions (including the approval of new diversions) and stream flow regulation activities are managed in accordance with relevant stream flow management plans; (c) groundwater harvesting does not reduce stream flow unless consistent with the objectives of the relevant stream flow management plan; and (d) where it is in accordance with the relevant streamflow management plan, water trading is considered as a mechanism for meeting additional demands for water in situations where additional diversions or groundwater harvesting could have an adverse impact on beneficial uses. 16. Flood plains and flood detention Protection agencies (including local government) responsible for drainage and waterway management must ensure that floodplains are managed to protect beneficial uses, and in particular that - (1) land use or works on flood prone areas do not increase the risk during flood events of transportation of materials which would pose a risk to beneficial uses; and (2) waterways and their flood plains retain sufficient flood detention capacity to moderate peak flows to protect the beneficial uses of downstream waterways. 17. Recreation Protection agencies must ensure that facilities for recreational activities on or adjacent to waterways are planned and managed to protect beneficial uses. 18. Operation and maintenance of ships and harbour activities Protection agencies and bodies responsible for regulating and/or operating ships must ensure that ships and harbour reception facilities are managed to protect beneficial uses and, in particular that - (1) discharge of wastes from ships including ballast and hull waters is managed in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority; (2) loading and unloading of ships and other harbour activities are conducted in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority; (3) potential contaminants from ship maintenance and related activities are contained and disposed of in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority; (4) sewage, oil, sediment or litter produced on board ships is not disposed of to the waters of the Schedule area; and (5) sewage produced on board ships is contained for subsequent transfer to treatment works or disposal in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority. 19. Dredging or de-silting waterways and the disposal of dredged material (1) Protection agencies or bodies undertaking dredging for navigation and port facilities and de-silting of waterways must ensure that - (a) these activities are conducted in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority;

(b) these activities are conducted and managed to ensure local exceedances of the environmental objectives listed in Table 2 are confined to the smallest practicable area and over the shortest practicable time in the vicinity of the dredging and disposal operation; (c) these activities do not re-suspend and/or disperse sediments or accumulated contaminants that will be detrimental to the long term protection of beneficial uses; and (d) dredge spoil is disposed to land in preference to water wherever practicable and environmentally beneficial as determined by the Authority. (2) Protection agencies must ensure that any permit issued or approval given in relation to a planning scheme for dredging or de-silting operations contain requirements that are consistent with sub-clauses 1(a) (b) (c) and (d). (3) Protection agencies undertaking dredging or de-silting operations for the purposes of waterway management and/or flood control must ensure management is consistent with the protection of beneficial uses, particularly the maintenance of natural aquatic ecosystems and associated wildlife. Catchment Management 20. Sewage management (1) Protection agencies responsible for sewerage provision and management must ensure that losses of sewage from the sewerage system through sewer overflows, leakages and collapses are controlled and minimised to protect beneficial uses, and in particular that - (a) new sewerage infrastructure is capable of containing the flows associated with at least a 1-in-5- year rainfall event; (b) existing sewerage infrastructure is progressively upgraded so that it is capable of containing the flows associated with a 1-in-5-year rainfall event or other standard of performance approved by the Authority, with priority given to those areas which most adversely affect, or have the potential to most adversely affect beneficial uses; and (c) sewerage infrastructure is managed, maintained and operated to eliminate system failure and maintain system performance to design standards. (2) In implementing clause 40(c) of the Principal Policy - (a) Local government, in conjunction with the Authority, will identify allotments which, because of allotment size, topography, soil type or other factors, are not capable of treating and retaining wastewater within their boundaries, and recommend priorities for the provision of sewerage services; (b) water companies with responsibility for provision of sewerage services must submit a sewerage plan to the Authority, for approval, within 12 months of the day upon which this Schedule comes into effect, that - (i) identifies priorities for service provision, taking into account those priorities identified in sub-clause 2(a), and giving priority to those areas where environmental and health benefits can be achieved most cost effectively; (ii) outlines how services are to be provided; and (iii) provides proposed timelines for implementation; and (c) the sewerage plans prepared under sub-clause 2(b) are to be reviewed annually. (3) Protection agencies (in particular local government) and occupiers of premises must ensure that small wastewater treatment systems and septic tank systems are managed to protect beneficial uses, and in particular that - (a) permits for small wastewater treatment systems and septic tank systems contain conditions for operation and maintenance that are consistent with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority;

(b) small wastewater treatment systems and septic tank systems are installed, managed and maintained in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority; and (c) premises within a declared serviced area which are not capable of treating and retaining wastewater within the boundaries of the allotment, are connected to the sewerage system. 21. Potable water supply Protection agencies must ensure that potable water supply areas, water storages and the reticulated water supply system are managed to protect beneficial uses, and in particular must ensure that - (1) public access to the potable water supply areas of the Aquatic Reserves Segment is restricted in accordance with management policies and plans for the area approved by the responsible Minister; and (2) any discharges resulting from the operation, maintenance or repair of potable water supply facilities are managed in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority; 22. Run-off from urban land, built-up areas and main roads Protection agencies responsible for drainage and waterway management, in conjunction with planning authorities (including local government), must ensure that urban stormwater run-off is managed to protect beneficial uses, and in particular that - (1) new urban development and drainage systems are designed, constructed and maintained in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority; (2) existing drainage systems are managed and maintained in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority, and in particular that - (a) sources of pollution and opportunities for minimising the generation and transport of stormwater pollutants at, or near to, source are identified and addressed; (b) opportunities for installing stormwater treatment measures, including water quality, litter control and flow improvement measures, as part of asset maintenance and replacement programs, are identified and exploited; (c) the environmental performance of the drainage system is progressively improved, with priority given to those areas which most adversely affect, or have the potential to most adversely affect beneficial uses; and (d) the volume, timing and velocity of stormwater entering waterways is managed to minimise adverse impacts on waterway stability, flow regimes and in-stream and riparian habitat. 23. Earthworks Protection agencies, including local government, must ensure that land use or construction activities involving earthworks are managed to protect beneficial uses, and in particular that - (1) earthworks and construction activities are managed in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority so as to minimise off-site transport of sediment or settleable matter in surface water run-off; and (2) any approval issued by a protection agency for such works or activities contains requirements consistent with this Schedule. 24. Sediment from roads Protection agencies, including local government, must ensure that the approval, construction and management of unsealed roads is managed to protect beneficial uses, and in particular that - (1) planning permits for developments which propose access by unsealed roads or roads with batters or drains, include provisions for effective stabilisation measures to prevent erosion and transport to waterways of sediment and settleable material, detrimental to the protection of beneficial uses;

(2) unsealed roads and roads with batters or drains are managed and maintained in accordance with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority to minimise the transport of sediment and settleable material to waterways; and (3) where clause 24(2) is inadequate to protect beneficial uses, the road surfaces are sealed and drainage systems are provided consistent with current best practice or with any relevant best practice environmental management guidelines adopted by the Authority. 25. Run-off from non-urban land Protection agencies and occupiers of premises adjacent to waterways must ensure that non-urban land is managed to protect beneficial uses, and in particular that - (1) run-off from non-urban land is minimised in accordance with current best practice guidelines; and (2) best practice guidelines under sub-clause (1) are developed by protection agencies responsible for natural resource management in collaboration with rural land managers, primary industry and community representatives, and are targeted towards achievement of the objectives of this Schedule. 26. Salinity control Protection agencies responsible for land use planning and management must ensure that management, use or changes in use of natural resources do not contribute to increasing the salinity of the land or waters of the Schedule area. Related Activities 27. Monitoring, assessment and reporting of environmental quality and policy performance (1) The Authority will ensure that - (a) monitoring of environmental quality in the Schedule area, through its programs and those of protection agencies, provides the information necessary to assess compliance with the provisions of this Schedule; (b) protection agencies having powers or duties in respect of the management or use of the natural resources of the Schedule area carry out monitoring of ambient environmental quality to enable assessment of the likely impact of that management or use on the environment; and (c) where deemed appropriate any works approval, licence or licence amendment in respect of a discharge of wastes to any waters in the Schedule area is subject to conditions that the occupier of the premises shall, at the occupier’s cost, carry out monitoring of ambient environmental quality to assess the likely impact of the discharge on the environment. (2) The monitoring programs referred to in sub-clause (1) including sampling and analysis methods, quality assurance measures, assessment protocols and reporting protocols associated with the monitoring programs must be those approved by the Authority. (3) The Authority will ensure that the quality of surface waters within the Schedule area is periodically reported to the public. (4) A report under sub-clause (3) must include - (a) an overview of water quality within the Schedule area; (b) a review of the effectiveness of the implementation of this Schedule; and (c) an assessment of the adequacy of monitoring program(s). (5) Protection agencies must contribute to the preparation of reports under sub-clause (3) by making available water quality information and data for the Schedule area, and reporting progress of implementation of programs targeted towards achievement of Schedule goals. 28. Best practice guidelines, protocols and programs The Authority will make publicly available a list and copies of the guidelines, protocols and programs approved by the Authority which are referred to in this Schedule.

F8. Waters of Western Port and Catchment This Schedule recognises that Western Port and its catchment form a unique ecosystem that is highly valued by Victorians for its diverse environment and its recreational and commercial resources. This Schedule sets a statutory framework to guide the protection and ecologically sustainable development of Western Port and its catchment to protect its environmental qualities and to ensure those who live and work in, and visit the area, both now and in the future can safely use and enjoy it. This Schedule seeks to build on past achievements in protecting and rehabilitating the environmental quality of Western Port and its catchment by addressing the current and potential risks posed by diverse human activities. Achievement of the schedule purpose will require the co-operative and concerted action of government agencies, businesses, individuals and the wider community.

PART I - PRELIMINARY 1. Title This Schedule may be cited as Schedule F8 Waters of Western Port and Catchment and is referred to below as the ‘Schedule’. 2. Context of this Schedule This Schedule: (1) is a schedule to the principal policy. Unless otherwise stated, the provisions of the principal policy apply to the schedule area; (2) is administered by the Environment Protection Authority, which is responsible for ensuring its overall implementation; (3) applies to each person responsible for making statutory decisions in relation to Western Port and its catchment; and (4) applies to all businesses, non-government organisations, community groups, individuals and government agencies, which use, manage or derive benefit from Western Port or its catchment. 3. Definitions In this Schedule, unless inconsistent with the context or subject matter: “aquatic ecosystem” means the community of organisms living within or immediately adjacent to water; “Australian and New Zealand Guidelines for Fresh and Marine Water Quality” (2000) means the guidelines developed by the Australian and New Zealand Environment Conservation Council, as amended from time to time. “background level” means the level of an indicator in surface waters outside the influence of any waste containing a measurable level of that indicator; “base flow” means a stream flow not sourced predominantly from surface run-off; “minimise” means the adoption of measures (including those listed in the wastes hierarchy) which reduce to the maximum extent practicable the impact of an activity or waste on beneficial uses. “planning authorities” are any public body with responsibilities under either the Planning and Environment Act 1987 or Coastal Management Act 1995; “protection agency” means any person or body, whether corporate or unincorporate, having powers or duties under any other Act, with respect to the environment or any segment of the environment in any part or parts of Victoria; “riparian” inhabiting or situated on a river or stream bank. “Westernport Region Marine Pollution Contingency Plan” (1998) means the plan developed by the Marine Board of Victoria, as amended from time to time.

4. Contents This Schedule is divided into parts as follows: PART I - PRELIMINARY 1. Title 2. Context of this Schedule 3. Definitions 4. Contents PART II - PURPOSE, PRINCIPLES AND INTENT 5. Purpose 6. Principles 7. Intent PART III - SCHEDULE AREA 8. Schedule area 9. Segments PART IV - BENEFICIAL USES 10. Beneficial uses PART V - ENVIRONMENTAL QUALITY INDICATORS AND OBJECTIVES 11. Environmental quality indicators and objectives PART VI -ATTAINMENT PROGRAM MANAGEMENT FRAMEWORK 12. General responsibilities 13. Planning 14. Implementation 15. Monitoring environmental quality 16. Review and public reporting 17. Research to assist with planning and decision making WATER AND CATCHMENT MANAGEMENT 18. Environmental management of activities 19. Environmental improvement of the East Arm 20. Riparian and instream vegetation protection and rehabilitation 21. Coastal vegetation protection and rehabilitation 22. Marine vegetation protection and rehabilitation 23. Waterway, drainage, floodplain and wetland protection and rehabilitation 24. Content and implementation of plans and programs 25. Environmental water requirements 26. Oil spill avoidance 27. Oil spill response 28. Marine pests WASTEWATER MANAGEMENT

29. Wastewater management 30. Sewage management for unsewered areas 31. Off-set measures 32. Managing waste from vessels PART VII - ANNEXS

PART II - PURPOSE, PRINCIPLES AND INTENT 5. Purpose The purpose of this Schedule is to: (1) rehabilitate the environmental quality of Western Port and its catchment in order to protect the defined beneficial uses; and (2) set, within a 10 year timeframe, goals to be achieved and means by which they are achieved. 6. Principles The following principles form the basis of this Schedule and should be used to guide decisions about the protection and management of the schedule area: (1) Principle of integration of economic, social and environmental considerations. (a) Sound environmental practices and procedures should be adopted as a basis for ecologically sustainable development for the benefit of all human beings and the environment. (b) This requires the effective integration of economic, social and environmental considerations in decision making processes with the need to improve community well-being and the benefit of future generations. (c) The measures adopted should be cost-effective and in proportion to the significance of the environmental problems being addressed. (2) The precautionary principle. (a) If there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. (b) Decision making should be guided by-- (i) a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and (ii) an assessment of the risk-weighted consequences of various options. (3) Principle of intergenerational equity. The present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations. (4) Principle of conservation of biological diversity and ecological integrity. The conservation of biological diversity and ecological integrity should be a fundamental consideration in decision making. (5) Principle of improved valuation, pricing and incentive mechanisms. (a) Environmental factors should be included in the valuation of assets and services. (b) Persons who generate pollution and waste should bear the cost of containment, avoidance and abatement. (c) Users of goods and services should pay prices based on the full life cycle costs of providing the goods and services, including costs relating to the use of natural resources and the ultimate disposal of wastes.

(d) Established environmental goals should be pursued in the most cost effective way by establishing incentive structures, including market mechanisms, which enable persons best placed to maximise benefits or minimise costs to develop solutions and responses to environmental problems. (6) Principle of shared responsibility. (a) Protection of the environment is a responsibility shared by all levels of government and industry, business, communities and the people of Victoria. (b) Producers of goods and services should produce competitively priced goods and services that satisfy human needs and improve quality of life while progressively reducing ecological degradation and resource intensity throughout the full life cycle of the goods and services to a level consistent with the sustainability of biodiversity and ecological systems. (7) Principle of product stewardship. Producers and users of goods and services have a shared responsibility with Government to manage the environmental impacts throughout the life cycle of the goods and services, including the ultimate disposal of any wastes. (8) Principle of wastes hierarchy. Wastes should be managed in accordance with the following order of preference: (a) avoidance; (b) re-use; (c) re-cycling; (d) recovery of energy; (e) treatment; (f) containment; (g) disposal. (9) Principle of integrated environmental management. If approaches to managing environmental impacts on one segment of the environment have potential impacts on another segment, the best practicable environmental outcome should be sought. (10) Principle of enforcement. Enforcement of environmental requirements should be undertaken for the purpose of: (a) better protecting the environment and its economic and social uses; (b) ensuring that no commercial advantage is obtained by any person who fails to comply with environmental requirements; and (c) influencing the attitude and behaviour of persons whose actions may have adverse environmental impacts or who develop, invest in, purchase or use goods and services which may have adverse environmental impacts. (11) Principle of accountability. (a) The aspirations of the people of Victoria for environmental quality should drive environmental improvement. (b) Members of the public should therefore be given: (i) access to reliable and relevant information in appropriate forms to facilitate a good understanding of environmental issues; and (ii) opportunities to participate in policy and program development. 7. Intent of this Schedule The policy intent of this Schedule is to set a 10 year program to rehabilitate the environmental quality of Western Port and its catchment in order to maximise the protection of defined beneficial uses, by:

(1) recognising the unique qualities of Western Port and its catchment, especially its seagrass meadows, other marine vegetation and hinterland, by driving programs to protect and rehabilitate these qualities as a priority. (2) recognising that regional and indigenous communities have vital social interests in, and spiritual bonds with Western Port and its catchment and that the work of landholder and community groups is integral to the protection and rehabilitation of the region’s environmental quality. (3) providing a statutory framework to guide and support the development of strategic plans, programs and activities for the protection and ecologically sustainable development of Western Port and its catchment. (4) providing a statutory framework for restoring environmental quality where it has been degraded by poor environmental management. (5) informing, motivating and enabling governments, businesses, individuals and the wider community to adopt sound environmental management practices for activities which degrade the environment of Western Port and its catchment. (6) ensuring that planning and management activities recognise that Western Port, its catchment and coast are an integrated system. (7) addressing the key risks to the waterways of the catchment by encouraging ecologically sustainable agricultural and urban development and in particular by measuring and reducing the input of sediment and nutrients into Western Port. (8) addressing the key risks to Western Port posed by shipping and other marine activities, including oil spills and introduction of marine pests. (9) encouraging further investigations to improve our knowledge of the quality of, and pressures on, the environment of Western Port and its catchment.

PART III SCHEDULE AREA 8. Schedule area This Schedule applies to the area represented in Figure 1, being Western Port, its islands and catchment lying north of a line drawn between West Head and Point Grant, and north of a line drawn at a 45° in a north- easterly direction from Cape Woolamai to the Coast, but excludes the waters of Cardinia Reservoir. 9. Segments (1) The following segments of the environment are outlined in the schedule area and are represented in Figure 1 and defined in Annex A: (a) Entrances and North Arm segment; (b) East Arm segment; (c) Northern Hills segment; (d) Peninsula segment; (e) French Island segment; (f) South Eastern Rural segment; and (g) Lowland and Phillip Island segment. (2) Segments listed in the principal policy do not apply to the schedule area.

Figure 1: Schedule area

(Refer to Annex A for detailed boundary descriptions)

PART IV: BENEFICIAL USES TO BE PROTECTED BY THIS SCHEDULE 10. Beneficial uses (1) The beneficial uses listed in Table 1 must be protected in each segment marked with a “”. (2) Beneficial uses are not protected in circumstances where the background level would not provide for their protection (see clause 3 for definition of ‘background level’). (3) The beneficial use of ‘aquaculture’ is only protected in those parts of the segment where it is approved by the Minister responsible for administering the Fisheries Act 1995. (4) Beneficial uses listed in the principal policy do not apply to the schedule area. Table 1: Beneficial uses to be protected. SEGMENTS BENEFICIAL USES Marine Catchment Entrances East Northern Peninsula French South Lowland & North Arm Hills Island Eastern & Phillip Arm Rural Island Aquatic ecosystems: Largely unmodified aquatic ecosystems   Largely modified     

aquatic ecosystems Passage for native        fish or other aquatic biota Water suitable for: primary contact       recreation secondary contact        recreation aesthetic enjoyment        Water suitable for: agriculture      aquaculture  industrial and       commercial use navigation and  shipping human consumption  after disinfection human consumption     after disinfection and removal of suspended solids consumption of fish,        crustacea and molluscs for recreational or commercial purposes

PART V: ENVIRONMENTAL QUALITY INDICATORS AND OBJECTIVES 11. Environmental quality indicators and objectives (1) Environmental quality objectives must be attained to protect the defined beneficial uses. To facilitate this, the measures outlined in the Attainment Program of this Schedule must be implemented as directed in the Schedule and as soon as practicable. (2) Environmental quality indicators and objectives specific to the schedule area are described in Tables 2, 3 and 4. Where specific objectives are not described, the environmental quality objectives are those values specified in the Australian and New Zealand Guidelines for Fresh and Marine Water Quality. (3) Where environmental quality is better than the objectives, the environmental quality must remain as close as practicable to background levels. (4) Where the background level of an indicator falls outside the objective, maintenance of the background level becomes the objective (see clause 3 for definition of ‘background level’). (5) Environmental quality indicators and objectives listed in the principal policy do not apply to the schedule area. Table 2: Ecological environmental quality indicators and objectives.

INDICATOR SEGMENT Northern Peninsula French South Eastern Lowland & Hills Island Rural Phillip Island

Invertebrate community Minimum number of families a 26b 25 22 28 22 SIGNAL index score > 6.5 > 6.5 >5.5 > 6.0 >5.5 Number of key families present > 15 > 15 > 10 > 17 > 10 – (refer to Table 3). AUSRIVAS Bands A A B A B Fish (presence) c Freshwater Blackfish   d Gadopsis marmoratus

“a” means the taxonomic level of Family excluding families of Acarina, Oligochaeta, Platyhelminthes (Tricladida and Temnocephalidea), Cnidaria, Collembolla, Ostrocoda, Copepoda, Cladocera, Hirudinea, Polychaeta, Nematoda, Nematomorpha, Porifera. “b” means this number is provided as a guide only. Some small shaded streams in forested areas will have a lower number of families due to natural habitat limitations. “c” means in streams of appropriate size and within the natural range of the species. “d” means this value is not applicable to Phillip Island. “SIGNAL” means Stream Invertebrate Grade Number – Average Level, which is an index of water pollution based on tolerance or intolerance of biota to pollution. “AUSRIVAS” means Australian Rivers Assessment System, which consists of a predictive mathematical model for comparing the similarity of the invertebrate community of a sampled site to minimally disturbed reference sites.

Table 3: Lists of key indicators for segments of this Schedule.

FAMILY LIST OF KEY FAMILIES a NAME Northern Hills Peninsula French Island South-Eastern Lowland & Rural Phillip Island Stoneflies Austroperlidae Austroperlidae Gripopterygidae Gripopterygidae Gripopterygidae Gripopterygidae Gripopterygidae Notonemouridae Notonemouridae Mayflies Baetidae Baetidae Baetidae Baetidae Baetidae Caenidae Caenidae Caenidae Caenidae Caenidae Coloburiscidae Coloburiscidae Leptophlebiidae Leptophlebiidae Leptophlebiidae Leptophlebiidae Leptophlebiidae Dragonflies Synlestidae Synlestidae Synlestidae Synlestidae Synlestidae and Coenagrionidae Coenagrionidae Coenagrionidae Coenagrionidae D lfli Megapodag- Megapodag- Megapodag- Megapodag- rionidae rionidae rionidae rionidae Aeshnidae Aeshnidae Aeshnidae Aeshnidae Aeshnidae Corduliidae Corduliidae Corduliidae Corduliidae Corduliidae Caddisflies Atriplectididae Atriplectididae Atriplectididae Calamoceratidae Calamoceratidae Calocidae Calocidae Conoesucidae Conoesucidae Conoesucidae Conoesucidae Conoesucidae Ecnomidae Ecnomidae Ecnomidae Ecnomidae Helicophidae Helicophidae Hydrobiosidae Hydrobiosidae Hydrobiosidae Hydrobiosidae Hydrobiosidae Hydropsychidae Hydropsychidae Hydropsychidae Hydropsychidae Hydropsychidae Leptoceridae Leptoceridae Leptoceridae Leptoceridae Leptoceridae Beetles Elmidae Elmidae Elmidae Elmidae Elmidae Dytiscidae Dytiscidae Dytiscidae Dytiscidae Dytiscidae Hydrophilidae Hydrophilidae Hydrophilidae Hydrophilidae Scirtidae Scirtidae Scirtidae True flies Dixidae Dixidae Dixidae Tipulidae Tipulidae Tipulidae Crustaceans Atyidae Atyidae Atyidae Atyidae Atyidae Ceinidae Ceinidae Ceinidae Ceinidae Ceinidae Eusiridae Eusiridae Paramelitidae Paramelitidae Total b 27 23 19 31 19 Objective c > 15 > 15 > 10 > 17 > 10

“a” is a list of the key families that are found within healthy rivers in each segment. “b” is the total number of key families that are found within healthy rivers in each segment. “c” is the number of key families that should be found within any given reach in each segment. Note that not all families will be found in each reach due to variations in habitat types and stream sizes and types.

Table 4: Physical environmental quality indicators and objectives. INDICATOR UNIT PARAMETER SEGMENT Entra- East North- Penin- French South Lowland nces & Arm ern sula Island Eastern & Phillip North Hills Rural Island Arm Light availability Transparency metre annual median >2.4 >0.7 (Secchi disk) annual 25th percentile >1.4 >0.4 Turbidity NTU annual median <5 <15 <15 <15 <15 annual 75th percentile <10 <25 <25 <25 <25 Suspended mg/L annual median <9 <30 <5 <20 <20 <20 <20 Solids annual 75th percentile <19 <90 <10 <30 <30 <30 <30 Nutrients Total mg/L maximum at base <0.03 <0.05 <0.05 <0.05 <0.05 Phosphorus flow Total Nitrogen mg/L maximum at base <0.2 <0.6 <0.6 <0.6 <0.6 flow Dissolved µg/L annual median <7 <20 Inorganic annual 75th percentile <15 <43 Nitrogen Dissolved µg/L annual median <6 <7 Inorganic annual 75th percentile <8 <10 Phosphorus Chlorophyll - a µg/L annual median <1.6 <2.5 annual 75th percentile <2.1 <5.0 Indicators of faecal contamination a E.coli Orgs/ 42 day geometric <14 <200 <200 <200 <200 <200 <200 b 100ml mean <200 Toxicants Total Arsenic µg/L Maximum <3.0 <5.0 N T T T T Total Cadmium µg/L Maximum <0.05 <0.05 N T T T T Total Copper µg/L Maximum <1.0 <2.0 N T T T T Total Lead µg/L Maximum <1.0 <2.0 N T T T T Total Mercury µg/L Maximum <0.005 <0.01 N T T T T Total Nickel µg/L Maximum <1.0 <3.0 N T T T T Total Zinc µg/L Maximum <2.0 <5.0 N T T T T General water quality indicators TDS mg/L Maximum <200 <500 <500 <500 <500 Salinity PSU Variation 90 >90 >85 >80 >80 >80 >80 Oxygen ation pH pH units Range 7.5 – 8.5 7.5 – 8.5 6.5 – 9.0 6.5 – 9.0 6.5 – 9.0 6.5 – 9.0 6.5 – 9.0 Temperature °C Variation

“N” is the background level. “T” means the value specified for the protection of aquatic ecosystems in the ‘Australian and New Zealand Guidelines for Fresh and Marine Water Quality’ as referred to in clause 11(2). “a” means environmental quality objective for waters within designated aquaculture areas. “b” means environmental quality objective for waters outside of designated aquaculture areas.

PART VI ATTAINMENT PROGRAM MANAGEMENT FRAMEWORK 12. General Responsibilities The protection and rehabilitation of the environmental quality of Western Port and its catchment is the shared responsibility of relevant government agencies, businesses, non-government organisations, communities and individuals. 13. Planning (1) Each protection agency with responsibilities in the schedule area must ensure that the following are consistent with this Schedule: (a) business plans; (b) natural resource development and management strategies and plans; (c) environment management and improvement plans; (d) strategic and statutory planning tools including planning schemes and municipal strategic statements; (e) directions, notices, approvals, licences, consents or other instruments issued under any relevant Act; and (f) decisions which may potentially impact on beneficial uses. (2) In particular, in developing or reviewing tools listed in sub-clause (1), specific consideration should be given to opportunities to enhance the protection of defined beneficial uses. 14. Implementation (1) Relevant protection agencies, including the Environment Protection Authority, the Department of Natural Resources and Environment, Melbourne Water, municipalities, the Port Phillip and Westernport Catchment and Land Protection Board, the Central Coastal Board, the Marine Board of Victoria, the Victorian Channels Authority and port managers should work in partnership with one another and with businesses, individuals and community groups to implement this Schedule. (2) In particular, the Environment Protection Authority will employ a range of measures, consistent with its powers, roles and responsibilities under the Environment Protection Act 1970 to ensure this Schedule is implemented. These measures will include but are not limited to: (a) coordinating and providing information and advice; (b) educating, enabling and motivating stakeholders; (c) using statutory tools, including policies, works approvals, licences, notices, enforcement measures and environment and neighbourhood environment improvement plans; (d) codes of practice and guidelines;

(e) coordinating monitoring programs and investigations, and undertaking audits; and (f) economic measures. 15. Monitoring environmental quality To ensure that environmental quality is appropriately monitored so that the protection of beneficial uses can be assessed: (1) each relevant protection agency, in particular the Environment Protection Authority, the Department of Natural Resources and Environment and Melbourne Water and where relevant to their responsibilities, the Port Phillip and Westernport Catchment and Land Protection Board, the Central Coastal Board and port managers must contribute to a coordinated environmental quality monitoring program. The Environment Protection Authority may convene a committee of key protection agencies and stakeholders to coordinate this monitoring program; (2) the monitoring programs referred to in sub-clause (1) must include documented protocols and quality control processes and must be undertaken according to standard scientific practice; (3) operators of each premises discharging waste to the waters of the schedule area must, where required by any works approval, licence or notice made under the Environment Protection Act 1970, monitor ambient environmental quality to assess the impact of that discharge on the environment. This monitoring must be consistent with protocols approved by the Environment Protection Authority. 16. Review and public reporting The Environment Protection Authority must work with key protection agencies and stakeholders to review the implementation and effectiveness of this Schedule, and must ensure that the results of this review are publicly reported. To assist in this review, each relevant protection agency must include in their annual reporting processes, actions undertaken to implement this Schedule and where relevant, environmental quality data for the schedule area. The Environment Protection Authority may convene a committee of key protection agencies and stakeholders to assist in this review. 17. Research to assist with planning and decision making To assist with future planning and decision making, each relevant protection agency, in particular the Environment Protection Authority, the Department of Natural Resources and Environment, Melbourne Water, the Port Phillip and Westernport Catchment and Land Protection Board and the Central Coastal Board must cooperate to set priorities for, and where appropriate, encourage and undertake research that increases the understanding of the environmental quality within the schedule area, pressures on it, environmental risks and the effectiveness of management measures. WATER AND CATCHMENT MANAGEMENT 18. Environmental management of activities (1) Proposed and existing activities in the schedule area, including those listed in Annex B, must be planned for and managed so that significant environmental risks posed to beneficial uses, including those listed in Annex C, are minimised. To achieve this: (a) it is the responsibility of protection agencies which approve new activities, to only approve those activities that do not pose a significant environmental risk to beneficial uses. To achieve this, appropriate measures to minimise significant environmental risks posed to beneficial uses should be incorporated into licences or permits for new activities;

(b) it is the responsibility of operators activities to implement appropriate measures to ensure that their activities do not pose a significant environmental risk to beneficial uses; (2) Where an individual activity or group of activities is identified by the Environment Protection Authority as posing a significant environmental risk to beneficial uses, and where appropriate measures have not been implemented or are ineffective, the Environment Protection Authority may require those responsible to undertake all practicable measures to minimise significant environmental risks posed to beneficial uses. (3) In order to achieve sub-clause (1): (a) each relevant protection agency must identify measures to minimise significant environmental risks posed to beneficial uses, and must encourage and assist, and where relevant require, operators to implement these; (b) any measures specified by a protection agency must be consistent with any guidance, guideline or process adopted by the Environment Protection Authority. 19. Environmental improvement of the East Arm segment (1) Within 18 months of the declaration of this Schedule, relevant protection agencies, in particular the Environment Protection Authority, the Department of Natural Resources and Environment, Melbourne Water and where relevant to their responsibilities, the Port Phillip and Westernport Catchment and Land Protection Board and the Central Coastal Board must work in partnership to investigate and evaluate the key sources of sediment and associated pollutants, including nutrients, in the East Arm segment and their level of contribution. (2) Within 30 months of the declaration of this Schedule, the Department of Natural Resources and Environment and Melbourne Water and all other relevant protection agencies must work in partnership with, and support the Port Phillip and Westernport Catchment and Land Protection Board to coordinate the development of a sediment action program to reduce sediment and associated pollutant loads entering the East Arm segment. 20. Riparian and instream vegetation protection and rehabilitation (1) Within 24 months of the declaration of this Schedule, each relevant protection agency, in particular Melbourne Water, must have plans to protect and where required, rehabilitate riparian and instream native vegetation including measures to: (a) stabilise the bed and banks of waterways; (b) reduce sediment and pollutants entering waterways; and (c) provide habitat for instream fauna. (2) The plans must be consistent with any approved regional vegetation management plan. 21. Coastal vegetation protection and rehabilitation (1) Within 24 months of the declaration of this Schedule, the Department of Natural Resources and Environment, in conjunction with other relevant protection agencies, must have plans to protect and where required, rehabilitate native coastal vegetation. (2) The plan must be consistent with any approved regional vegetation management plan. 22. Marine vegetation protection and rehabilitation (1) Within 24 months of the declaration of this Schedule, the Department of Natural Resources and Environment, in consultation with other relevant protection agencies and stakeholders must have plans to protect and where required, rehabilitate native marine vegetation including measures to:

(a) investigate the environmental factors limiting the recovery of native marine vegetation, particularly seagrass; (b) monitor the diversity and health of native marine vegetation, particularly seagrass. (2) By 2011, the surface area coverage of native marine vegetation, must be at least maintained and where required, rehabilitated from a baseline determined by the Department of Natural Resources and Environment. In particular, a goal of this activity is to increase seagrass area coverage by 5% in the Entrances and North Arm segment and by 10% in the East Arm segment. 23. Waterway, drainage, floodplain and wetland protection and rehabilitation (1) Within 24 months of the declaration of this Schedule, each relevant protection agency, in particular Melbourne Water, must have plans to protect and where required, rehabilitate the environmental qualities of waterways, wetlands and floodplains, including measures to: (a) reduce the generation and transport of sediments and associated pollutants; and (b) protect and rehabilitate natural wetland and floodplain processes. (2) Runoff to, and water in constructed drains must be managed so that the impact of drainage water on receiving waters is minimised. To achieve this, constructed drain and land managers, and operators of properties discharging to drains, must where relevant to their responsibilities, implement appropriate measures to minimise pollutants, particularly sediments and nutrients entering, generated within and leaving drains. 24. Content and implementation of plans and programs (1) The plans and programs referred to in clauses 18 through to 22 must: (a) be practicable and environmentally beneficial; (b) include goals, resources, cost-sharing arrangements and timelines; and (c) be implemented by relevant protection agencies in conjunction with relevant businesses or individuals. (2) Where a plan or program will take some time to develop and beneficial uses are at significant risk, practicable interim measures must be undertaken to protect beneficial uses. 25. Environmental water requirements (1) The flow regimes within waterways in the schedule area must be progressively reviewed and where required, rehabilitated to ensure the protection of aquatic ecosystems. To achieve this: (a) where relevant to their responsibilities, water authorities and the Department of Natural Resources and Environment must, in consultation with relevant stakeholders, develop and implement measures to protect and, where required, rehabilitate environmental flows; and (b) no new diversion from any waterway in the schedule area will be approved unless it is consistent with the Water Act 1989 and is subject to a process which is designed to protect environmental flows. (2) Each relevant protection agency must ensure that: (a) new in-stream structures or works are designed, constructed and managed so they do not impact on beneficial uses; (b) existing barriers to fish movement are progressively modified or removed, with priority given to those barriers which offer, or have the potential to offer, the most environmental gain for beneficial uses. 26. Oil spill avoidance

The discharge of oil, grease or oily mixtures into the waters of the schedule area is prohibited. To ensure this each relevant protection agency, in particular port and marina operators, and vessel operators must undertake all necessary and relevant precautions including piloting of oil tankers, ship maintenance to ensure sea-worthiness, and the use of appropriate environmental management practices, when transferring oil and fuel to and from vessels. Each environmental management practice must be consistent with any guidance, guidelines or processes adopted by the Environment Protection Authority. 27. Oil spill response (1) Each relevant protection agency, in particular the Marine Board of Victoria, must ensure that the Westernport Region Marine Pollution Contingency Plan, is consistent with this Schedule. (2) Within 24 months of the declaration of this Schedule, the Marine Board of Victoria, must ensure that a protocol is developed for use of dispersants which includes provisions for the avoidance of dispersant use where practicable. This protocol must be approved by the Environment Protection Authority and incorporated into the Westernport Region Marine Pollution Contingency Plan. (3) Each relevant protection agency and business, in particular the Marine Board of Victoria, must ensure that oil spill response procedures outlined in the Westernport Region Marine Pollution Contingency Plan, are evaluated through regular oil spill response exercises. 28. Marine pests The Environment Protection Authority, the Department of Natural Resources and Environment and the Department of Infrastructure will work together with port and vessel operators to ensure that practicable measures are developed and implemented to minimise the risk of the introduction and spread of marine pests. WASTEWATER MANAGEMENT 29. Wastewater management (1) The occupier of each premises that discharges wastewater to the waters of the schedule area must implement the waste hierarchy, including wastewater avoidance and sustainable reuse, as soon as practicable and where environmentally beneficial. (2) As part of the application of the waste hierarchy, it may be necessary to discharge wastewater to the waters of the schedule area. In these circumstances, the impact of that discharge and any associated mixing zone must be progressively reduced to the extent practicable. (3) Operators of premises which exceed a design or actual flow rate of more then 0.1 ML/day of wastewater to waters of the schedule area, must ensure that by 1 July 2011, discharges cause no detrimental change in the environmental quality of the receiving waters, as determined by an in-stream monitoring and assessment program approved by the Environment Protection Authority. 30. Sewage management for unsewered areas (1) Within 12 months of the declaration of this Schedule, each municipality, in conjunction with the Environment Protection Authority and in consultation with relevant water authorities and the local community must: (a) identify unsewered allotments which are not capable of treating and retaining sewage within their boundaries; (b) have plans that identify options, priorities and timelines for improved sewage management; (c) provide for annual review of priorities for improved sewage management.

(2) If sewerage is identified as an option for improved sewage management, each water authority or water company, in conjunction with the Environment Protection Authority and municipalities, and in consultation with the local community must, within 24 months of the declaration of this Schedule, develop and submit to Government, a sewerage management plan that: (a) reviews available sewerage management options; (b) identifies the preferred types and levels of sewerage services to be provided, together with costs and funding options; (c) identifies priorities and timelines for the provision of services; and (d) provides for annual review of the plan and priority areas for improved sewerage management. (3) Before approving new residential sub-divisions, septic tank systems or small wastewater treatment plants, each municipality must ensure: (a) that sewage can be treated and retained within the allotment boundaries on a sustainable basis; and (b) that septic tank permits are consistent with any guidance, guideline or process adopted by the Environment Protection Authority. (4) Occupiers of each premises must operate and decommission septic tank systems and small wastewater treatment plants in accordance with any guidance, guideline or process set by the Environment Protection Authority and if required, must upgrade these systems, in accordance with timelines set by the relevant municipality. 31. Off-set measures (1) The Environment Protection Authority may approve, for a specified period, a lower quality of discharge from a premises than would otherwise be acceptable if: (a) the occupier of the premises agrees to plan in consultation with the community and the Environment Protection Authority, to implement and maintain any off-set measures that offer either equivalent or greater protection of beneficial uses within the affected segment or segments; and (b) the discharge will not be detrimental to beneficial uses. (2) Any renewal or continuation of these arrangements is conditional on the Environment Protection Authority being satisfied that: (a) the off-set continues to offer either equivalent or greater protection of beneficial uses according to the agreed plan; and (b) the discharge will not be detrimental to any beneficial use. 32. Managing waste from vessels (1) Sewage, oil, sediment or litter produced on board vessels must not be disposed to the surface waters of the schedule area. To ensure this: (a) vessels with toilet facilities or with overnight accommodation facilities, must contain sewage for subsequent transfer to treatment works or disposal in accordance with any guidance, guideline or process set by the Environment Protection Authority; (b) where required, port and marina operators must provide appropriate facilities to receive wastes from vessels. (2) The Environment Protection Authority will work with port and marina operators to develop and implement programs to prevent the discharge of sewage from vessels into surface waters of the schedule area.

PART VII: ANNEXES ANNEX A – SEGMENT DEFINITIONS (1) Entrances and North Arm Segment, consists of the surface waters of Western Port bounded by the high water mark and within an area north of a line drawn between West Head and Point Grant and north of a line drawn at a 45° angle in a north-easterly direction from Cape Woolamai to the coast, and south of a line drawn between Stockyard Point and Settlement Point and west of a line drawn between Pelican Point and Palmer Point. (2) East Arm Segment, consists of the surface waters of Western Port bounded by the high water mark and not included in the Entrances and North Arm Segment. (3) Northern Hills Segment, consists of the surface waters: north of, and including the Princes Highway between the western catchment boundary and the Bunyip River; north of, and including the Tarago River but excluding the waters of Cardinia Reservoir; and east of the Tarago River, north of Neerim Road and west of the eastern catchment boundary. (4) French Island Segment, consists of the surface waters of French Island above the high water mark. (5) Peninsula Segment, consists of the surface waters landward of Western Port’s high water mark and west of Frankston - Flinders Road. (6) South Eastern Rural Segment, consists of the surface waters: landward of Western Port’s high water mark; south of the Princes Highway, east of the Koo Wee Rup Road / South Gippsland Highway / Bass Highway between the Princes Highway and the eastern and southern catchment boundaries; and west of the Bass Highway between Grantville and the southern catchment boundary. (7) Lowland and Phillip Island Segment, consists of the surface waters: of Phillip Island above high water mark; and landward of Western Port’s high water mark, south of the Princes Highway, east of, and including Frankston – Flinders Road, west of, and including the Koo Wee Rup Road / South Gippsland / Bass Highway between the Princes Highway and Grantville.

ANNEX B – ACTIVITIES THAT MAY POSE A SIGNIFICANT ENVIRONMENTAL RISK TO BENEFICIAL USES The following are examples of activities that, if not well managed, may pose one or more of the significant environmental risks (listed in Annex C) to beneficial uses: (1) agriculture and horticulture; (2) aquaculture and fishing; (3) coastal and foreshore development; (4) Crown land and public open space management; (5) dredging and extractive industries; (6) filling and reclamation of land; (7) fire control and retardant use; (8) forestry; (9) industrial activities; (10) infrastructure development and construction, including port development; (11) shipping and port activities; (12) boating and associated activities; (13) tourism and recreational activities; (14) sealed and unsealed road management and construction; (15) urban development, including residential living; (16) waste, wastewater and stormwater management; (17) water diversion and extraction; (18) waterway and drainage management; and (19) weed management and herbicide use.

ANNEX C – SIGNIFICANT ENVIRONMENTAL RISKS POSED TO BENEFICIAL USES Significant environmental risks to beneficial uses in the schedule area include: (1) nutrient enrichment of water; (2) sedimentation and resuspension of sediments; (3) reduced environmental flows and altered flow regimes; (4) marine pests; and (5) oils and toxicants in water environments.

[G. SCHEDULE DELETED]

Note: Many of the gazettes that comprise the State Envirnoment Protection Policy (Waters of Victoria) include explanatory notes which have not been included in this document.