Water in the environment

Rights in Water and Irrigation Act 1914
Provides the legislative basis for the planning, regulation, management, protection and allocation of water resources in Western Australia. The objectives of the legislation include providing for the management, sustainable use and development of water resources to meet the needs of current and future users, and for the protection of their ecosystems and the environment in which water resources are situated.
It is intended that this Act will be repealed and replaced by new legislation to implement new water policy and water planning frameworks. Western Australia’s legislative reform program aims to consolidate 11 Acts (including this Act) into two Bills: the Water Services Bill; and the Water Resources Management Bill.

The Waterways Conservation Act 1976 provides for the management and conservation of particular waterways and, to a lesser degree, associated land within declared Waterways Management Areas. To date, the Act has been used to create waterways management areas for the Peel-Harvey Estuaries, Leschenault Estuary and associated rivers, Albany Harbour and associated rivers, Wilson Inlet and associated rivers and the Avon River. In declared waterways management areas, the Department of Water has powers to control and manage the waters, and formulate and implement management programs (which may include licensing provisions) for those waters and associated lands.
Provides for controls on fringing land use, drainage, waterway disturbance and water-based activities. Licences are issued and penalties apply for harming waterways.

Swan Canning Rivers Management Act 2006
Primary legislation for the protection of the Swan and Canning rivers and associated land to ensure maintenance of ecological and community benefits and amenity. It replaces the Swan River Trust Act 1988. The Act provides for:
• the development of targets for river use and environmental health
• improved coordinated management of activities that may affect the rivers
• a more streamlined and flexible assessment of planning approvals
• the introduction of the option to use River Protection Notices to manage activities that affect the rivers.

Environmental Protection Act 1986
Provides for the formation of the Environmental Protection Authority. It also provides for the prevention, control and abatement of pollution and environmental harm and for the conservation, preservation, protection, enhancement and management of the environment.

Federal Minister for the Environment, Heritage and the Arts
Federal Minister for Climate Change and Water
Both the Minister for the Environment, Heritage and the Arts and the Minister for Climate Change and Water share the responsibility for the Department of the Environment, Water, Heritage and the Arts (DEWHA).
DEWHA administers grants under the Water for our Future and Caring for Our Country programs and for many other purposes and organisations, including NRM groups.
http://www.environment.gov.au/minister/index.html

Minister for Water
Has responsibility for the Department of Water, Water Corporation, Busselton Water Board and Aqwest (Bunbury Water Board).
The Minister is supported by the Department of Water.

Minister for Environment
Has responsibility for the protection of Western Australia’s environment through the administration and enforcement of the Environment Protection Act 1997. The Minister is supported by Department of Environment and Conservation.

Department of Water
Has prime responsibility for water resource planning, management and regulation, and administration of water entitlements and water rights in Western Australia. The Department of Water also produces water resource policy and undertakes investigations and assessment.
Responsible for the investigation, management, conservation and restoration of Western Australia’s water resources in accordance with Water Resources Legislation Amendment Act 2007. Its functions include water resource data gathering and database management, water allocation, protection of public water supply sources, salinity control, protection of waterway and groundwater values, and ensuring water use efficiency.

Swan River Trust (Swan River development control area) 
A state government agency responsible to the Minister for Environment that:
• manages and protects the river system and works with state and local government and other bodies to provide facilities around the rivers
• advises the Minister for Environment on development proposals within the Trust’s management area
• controls and prevents pollution of the rivers and keeps them clear of rubbish
• advises on and controls erosion of riverbanks
• provides advice to local governments and the Western Australian Planning Commission on town planning issues affecting the rivers
promotes community awareness of issues affecting the health of the river system and increases community involvement in river protection and restoration.

Department of Environment and Conservation
Responsible for the protection of Western Australia’s environment. The Environmental Regulation branch of the Department of Environment and Conservation has responsibility under the Environmental Protection Act 1986 for the licensing and registration of prescribed premises. The branch also monitors and audits compliance with licence conditions and regulations, takes enforcement actions as appropriate, and develops and implements departmental licensing and industry regulation policy.

Environmental Protection Authority
Independent statutory authority with the broad objective of protecting Western Australia’s environment. The authority consists of five members and is supported by the Department of Environment and Conservation under a service level agreement. The authority provides environmental advice to the Minister, prepares environmental protection policies and state environment policies under the Environmental Protection Act 1986, and provides public statements about matters of environmental importance.

The Australian Government Department of the Environment, Water, Heritage and the Arts develops and implements national policy, programs and legislation to protect and conserve Australia's environment and heritage and to promote Australian arts and culture.

Waterways policies
Through these policies, the Department of Water provides broad direction for waterways management, including water quality, quantity and ecosystem health.

Swan and Canning Rivers Management Regulations 2007
The regulations specify fines and penalties for unauthorised and unlawful activities and structures and permit requirements for allowed activities on the river banks and the water.

Environmental  Protection Regulations 1987
Provides further detail on the administration and enforcement of licences and licence conditions including monitoring requirements. Schedule 1 of the Regulations lists prescribed premises that must be registered and licensed under the Environmental Protection Act 1986.

Environmental protection policies
Developed by the Environmental Protection Authority under the Environmental Protection Act 1986 to provide for the protection of specific areas.

Environmental impact assessments
The Environmental Protection Act 1986 Part IV provides the legislative framework for the environmental impact assessment process. Under this process, the Environmental Protection Authority (EPA) looks at statutory planning schemes and development proposals to assess their likely impacts on the environment. If the impacts are likely to be significant then the EPA provides advice to the Minister for the Environment on whether the proposal or scheme should be allowed to proceed and, if so, under what conditions to ensure that the environment is protected.
The environmental factors which are assessed may include impacts to water quality, and the subsequent impact on environmental and human health.

Regional natural resource management organisations
There are six community based regional NRM groups in Western Australia – South Coast Natural Resource Management (NRM), South West Catchments Council, Perth Region NRM, Avon Catchment Council, Northern Agriculture Catchments Council, Rangelands Coordinating Group. These groups coordinate community participation in regional planning and priority setting, providing a regional focus for brokering partnerships for action, and supporting implementation of state and national NRM programs. Most groups are incorporated bodies.
Funded by the state and federal government to deliver on agreed NRM targets such as improving water quality

Water management plans
The planning direction provided by the State water plan 2007 and the regional water plans will be supported by detailed water management plans to protect and share water resources and manage land-use changes.
A range of water management plans is being developed by the Department of Water to allocate water sustainably, protect drinking-water sources, preserve our waterways, and manage drainage and floodplains.

Waterways management programs
Section 35 of the Waterways Conservation Act 1976 provides for the development of management programs for water and associated land in declared waterways management areas.

River protection notices
A river protection notice can be issued by the Swan River Trust to the owner or occupier of land in the Swan–Avon Catchment, when the Trust has established that the landholder needs to take action to ensure the health of the rivers is not jeopardised.
River protection notices can only apply where there is a link between the health of the Swan and Canning rivers, and activities in the catchment. Notices must be property specific. Working with individual landholders on a case-by-case basis is a more flexible and effective way to manage complex issues rather than trying to develop ‘one size fits all’ regulations.

Licences (incl. conditions)
Issued by the Department of Environment and Conservation under the Environmental Protection Act 1986 to businesses operating prescribed premises. The Department of Environment and Conservation may prescribe specific licence conditions to ensure compliance with the Environmental Protection Act 1986 and relevant best practice for that industry. Conditions may include regular audits, monitoring and reporting or compliance with a standard or code of practice.

Regional natural resource management strategies
Administered by the Department of the Environment, Water, Heritage and the Arts, integrated natural resource management plans or strategies were developed for each of 56 natural resource management regions.
These plans form the basis for regional investment from both the Natural Heritage Trust and the National Action Plan for Salinity and Water Quality, allowing access to different types of government funding without the need for individual project plans or applications.
The plans also defined investment strategies for implementation, the goals and contributions to be undertaken by all parties, and catchment-wide activities addressing a range of natural resource management issues, including land and water management, biodiversity and agricultural practices.

Environmental guidance
Environmental guidelines and codes of practice are prepared with the support government agencies and industry bodies. The Department of Water prepares and publishes flood data, river restoration manuals, stormwater management manuals, water notes, water facts, water quality protection notes, brochures and posters to guide the community on water quality issues and best practice to safeguard water values. The Department of Water also assesses and advises planning and environmental agencies on land development plans.

Licences and permits
A licence gives people the right to take water in accordance with licence conditions.
A permit allows people to interfere with beds and banks of water bodies while endeavouring to minimise negative impacts on the environment, such as erosion and loss of riparian vegetation.

Businesses operating prescribed premises listed in Schedule 1 of the Environmental Protection Regulations 1987 that have the potential to cause environmental harm. The Department of Environment and Conservation is responsible for maintaining Schedule 1.

Monitoring - Auditing
Certain licences contain conditions requiring monitoring of licensed activities to ensure protection of the environment.
Auditing is undertaken by the Department of Water on a priority basis to ensure that water use is in accordance with licence conditions and complies with the Rights in Water and Irrigation Act 1914.

Environmental quality objectives
Developed by the Department of Environment and Conservation these measurable indicators of physical, chemical or biological characteristics need to be achieved to protect the beneficial uses of a waterway.

Monitoring  - Auditing - Reporting
May be required by implementation conditions issued under Part IV of the Environmental Protection Act 1986 or Works Approval / Licence conditions issued under Part V of the Environmental Protection Act 1986. The conditions may specify the parameters to be monitored along with the monitoring and reporting frequency.

Management plan
Environmental management plans endeavour to achieve positive environmental outcomes such as minimising the likelihood of pollution or harm. The Environmental Protection Act 1986 establishes that an applicant for works such as land clearing can be required to comply with environmental management plans.