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Parliamentary Questions


Question On Notice No. 2051 asked in the Legislative Council on 2 April 2019 by Hon Robin Chapple

Question Directed to the: Minister for Regional Development representing the Minister for Water
Parliament: 40 Session: 1
Tabled Paper No: 2688- View tabled paper


Question

I refer to Brooking Creek, a tributary of the Fitzroy River in the Kimberley and the three photographs found here: https://robinchapple.com/dam-brooking-creek and ask:
(a) is the Minister aware that Brooking Creek, a tributary of the Fitzroy River, was blocked from flowing last year;
(b) if yes to (a), did the Minister investigate the damming of the Creek;
(c) if yes to (b), will the Minister table the report;
(d) if no to (b), why not;
(e) will the Minister confirm and/or investigate whether the pastoral lease holder has built a vehicle and stock crossing point over Brooking Creek and that this is blocking the flow of the water;
(f) if no to (e), why not;
(g) is it necessary to apply for a licence from the department to build anything in the bed and/or banks of a waterway;
(h) if yes to (g), does the owner of the Brooking Springs pastoral lease have a licence for the built structure or crossing point over Brooking Creek;
(i) if no to (h), why not;
(j) will the department, using its Geographic Information System or any other method, determine when the obstruction was originally built;
(k) if no to (j), why not;
(l) if the department investigated the blocking of Brooking Creek last year, was the pastoral lease holder prosecuted or issued a warning;
(m) if yes to (l), was any enforcement action taken;
(n) if no to (m), why not;
(o) will the Minister investigate given the photographs taken of Brooking Creek in March 2019, show it is once again blocked;
(p) if no to (o), why not;
(q) given the photos show that the obstruction on Brooking Creek contravenes the Western Australian Government’s policy that states there will be ‘no dams, barriers, weirs or other structures that store water or impede flow on the Fitzroy River and its tributaries’, will the Minister ensure that the obstruction is removed as a matter of priority so that the natural flow is not impeded on this environmentally and culturally important tributary of the Fitzroy River;
(r) if no to (q), why not;
(s) will the Minister ensure the pastoral lease holder is prosecuted for blocking the creek; and
(t) if no to (s), why not?

Answered on 14 May 2019

(a) Yes.
(b) The Department of Water and Environmental Regulation investigated the matter.
(c) A copy of the Department’s internal file note is tabled. [See tabled paper no.]
(d) Not applicable.
(e) There is a well-established crossing over Brooking Creek in this location. This crossing
occurs at the end of a natural pool and observations of the pool, the crossing, and riparian
vegetation show that water levels have been stable and consistent for a significant period of
time. The station manager advised that work undertaken in 2018 was annual maintenance of
the existing crossing which inadvertently blocked the flow for a period often to fourteen days
in June 2018. The Department s investigation showed that water flows had been restored by
the date of the site inspection on 4 July 2018. No new works have been undertaken at the
crossing since the site inspection.
(f) Not applicable.
(g) A permit to obstruct beds or banks is required for works that cause obstruction or impede
flow. Works undertaken to restore crossings to bed level and that are not built up to block or
impede flow are not considered to create an additional impact and are exempt from requiring
a bed and banks permit.
(h) No.
(i) In the north west of the state crossings are regularly washed away during the wet season
and require annual maintenance. Inspection of the creek crossing by Departmental staff
determined that the crossing has been in place for some years and that the works constituted
maintenance. While the work inadvertently blocked flow for a short period, this blockage was
removed as soon as it was identified.
(j) The Department has interrogated its available aerial photos of the area, which go back to
2007 and it appears that this section of the Brooking Creek has been used as a crossing since
before that time (2007).
(k) Not applicable.
(l) The station manager was issued with a Letter of Education on 30 July 2018 to inform them
of the requirements under the Rights in Water and Irrigation Act 1914. The Department also
discussed in detail the contents of the letter with the station manager in order to ensure his
understanding of his obligations with respect to any similar works.
(m) No. A Letter of Education is a non-statutory tool used to encourage and assist
compliance.
(n) Having inspected the site, the Department was satisfied that the natural flow of Brooking
Creek had been restored soon after the maintenance works were completed. The Department
determined that no enforcement action was necessary.
(o) The Department has obtained photographs of the crossing dated 25 March 2019 which
show that no new works have been done to the crossing since their last inspection of the site
on 4 July 2018 and that it is not blocked. No further investigation is required.
(p) Not applicable.
(q) No, as the natural flows are not impeded.
(r) Many crossings in the Fitzroy River catchment have been established over the years. In
this case, the impact on flow of the creek was temporary, and creek flow was restored very
soon after the issue was identified.
(s) No. Refer to response to part (m) and (n) of this question.
(t) Refer to response to part (n) of this question.