Question On Notice No. 1484 asked in the Legislative Council on 14 August 2018 by Hon Alison Xamon
Question Directed to the: Minister for Environment
Parliament: 40 Session: 1
Question
In March 2018 the Review of the Swan Canning Rivers Management Act 2006 stated that the mechanism
of River Protection Notices had yet to be used. In 2014, the Auditor General
identified several issues that would comply with the criteria required for
issuing a River Protection Notice ie, situations where cooperative approaches
to dealing with prolonged, non-point source and/or landscape scale problems
have not worked. I ask:
(a) why has a River Protection Notice not been
issued to work through the ongoing issues with urban drainage into the river
system; and
(b) why has a River Protection Notice not been
issued to work through the ongoing issues with nutrient flow into the Swan and Canning Rivers?
Answered on 12 September 2018
(a)-(b) River Protection Notices (RPNs) are intended to be used where existing powers under the Environmental Protection Act 1986 or other legislation are inadequate and an owner or occupier of land within the catchment area is undertaking an activity that compromises the ecological and community benefit or amenity of the Swan Canning Riverpark.
Although urban drainage provides point source pollution (including nutrient pollution) into the river system at drain outlets, the drains are usually not the source of this pollution. Rather, the source is often diffuse, from cumulative small inputs that may be both urban and rural and can include historical sources that enter the drainage system through surface and groundwater.
Before issuing a RPN, the Department of Biodiversity, Conservation and Attractions (DBCA) must first establish a direct link between a specific catchment-based activity and the impact. DBCA would then work collaboratively with the landowner or occupier to address the issue. If this process was unsuccessful, a RPN could be issued. However, it is not considered appropriate to use RPNs where the pollution, including nutrients, originates from multiple, diffuse sources.
DBCA works collaboratively with drainage asset managers and partners to engage with landholders to improve water quality through education and appropriate land management practises under the Swan Canning River Protection Strategy.