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.
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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
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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).
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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.
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F6
F8
Gippsland
Lakes
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Western Port
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Open Coasts
Estuaries &
Inlets
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Port Phillip
Bay
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Coastal
Plains
Forests-B
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MARINE & ESTUARINE
Murray
Western
Plains
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Forests-A
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RIVERS & STREAMS
Highlands
Aquatic ecosystems that are:
largely unmodified
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
and
Aquatic
Reserves
BENEFICIAL USES
Wetlands
Lakes
Table 1: Beneficial uses to be protected.
F3
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)
34.
provides for a three yearly review of the plan and priority areas for sewering.
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 resuspension 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
Highlands

all areas
Forests – A

Wilsons Promontory, Strzelecki Ranges &
East Gippsland Coast

upper Murray, Kiewa & Mitta Mitta
catchments

the Grampians

all other areas
Forests – B

Otway Ranges

all other areas
Cleared Hills and Coastal Plains

lowlands of Barwon, Moorabool,
Werribee, Maribyrnong, Curdies &
Gellibrand catchments

lowlands of Yarra, Western Port, Latrobe,
Mitchell, Tambo, Snowy, Thomson &
Macalister catchments

uplands of Moorabool, Werribee,
Maribyrnong, Campaspe, Loddon, Avoca,
Wimmera and Hopkins catchments
INDICATOR
Dissolved oxygen
Turbidity
% saturation
(NTU)
Total
phosphorus
(µg/L)
Total
nitrogen
(µg/L)
Electrical
conductivity
(µS/cm)
pH
(pH units)
75th
percentile
75th
percentile
25th percentile
maximum
75th
percentile
75th percentile
25th
percentile
75th
percentile
≤20
≤150
≥95
110
≤5
≤100
≥6.4
≤7.7
≤25
≤500
≥90
110
≤5
≤500
≥6.4
≤7.7
≤25
≤350
≥90
110
≤5
≤100
≥6.4
≤7.7
≤25
≤25
≤350
≤500
≥90
≥90
110
110
≤5
≤5
≤500
≤100
≥6.4
≥6.4
≤7.7
≤7.7
≤25
≤25
≤350
≤350
≥90
≥90
110
110
≤5
≤5
≤500
≤100
≥6.4
≥6.4
≤7.7
≤7.7
≤45
≤600
≥85
110
≤10
≤1500
≥6.5
≤8.3
≤45
≤600
≥85
110
≤10
≤500
≥6.4
≤7.7
≤25
≤600
≥85
110
≤10
≤500
≥6.5
≤8.3
Table A1: Environmental quality objectives for rivers and streams – water quality……. continued
SEGMENT

mid-reaches of Ovens, Goulburn and
Broken catchments
Murray and Western Plains

lowlands of Kiewa, Ovens, Goulburn &
Broken catchments

lowlands of Campaspe, Loddon & Avoca
catchments

lowlands of Wimmera catchment &
Mallee Basin

lowlands of Glenelg & Hopkins
catchments, & Portland, Corangamite and
Millicent Coast Basins
INDICATOR
Dissolved oxygen
Turbidity
% saturation
(NTU)
Total
phosphorus
(µg/L)
Total
nitrogen
(µg/L)
75th
percentile
≤25
75th
percentile
≤600
25th percentile
maximum
≥85
≤45
≤900
≤45
Electrical
conductivity
(µS/cm)
75th percentile
110
75th
percentile
≤10
≥85
110
≤900
≥80
≤40
≤900
≤40
≤900
pH
(pH units)
≤500
25th
percentile
≥6.4
75th
percentile
≤7.7
≤30
≤500
≥6.4
≤7.7
110
≤30
≤1500
≥6.5
≤8.3
≥80
110
≤10
≤1500
≥6.5
≤8.3
≥85
110
≤10
≤1500
≥6.5
≤8.3
Table A2: Environmental quality objectives for rivers and streams – biological
SEGMENT
Highlands
all areas

riffle

edge
Forests – A
urban areas

riffle

edge
all other areas

riffle

edge
Forests – B
urban areas

riffle

edge
all other areas

riffle

edge
Cleared Hills and coastal plains
urban areas

riffle

edge
all other areas

riffle

edge
INDICATOR
EPT index
AUSRIVAS
score
O/E score
Band
Number of
families
SIGNAL
index score
Key families
combined
habitat score
22
13
5.8
6.2
10
4
n/a
n/a
n/a
n/a
18
18
18
5.6
5.4
6
5
0.61
0.57
B
B
18
21
22
6.0
5.7
9
7
0.87
0.86
A
A
22
20
21
5.8
5.6
8
7
0.6
0.61
B
B
24
23
24
6.0
5.8
10
9
0.87
0.87
A
A
26
21
23
5.3
5.3
n/a
n/a
0.47
0.55
B
B
20
23
26
5.5
5.5
n/a
n/a
0.82
0.85
A
A
22
Table A2: Environmental quality objectives for rivers and streams – biological….continued
SEGMENT
Murray and Western Plains
urban areas

edge
all other areas

edge
INDICATOR
EPT index
AUSRIVAS
score
O/E score
Band
Number of
families
SIGNAL
index score
Key families
combined
habitat score
22
5.0
n/a
0.61
B
16
23
5.3
n/a
0.87
A
21
Table A3: Lists of key families
Highlands
Aeschnidae
Acarina
Aphroteniinae
Austroperlidae
Baetidae
Blepharoceridae
Calocidae
Ceratopogonidae
Chironominae
Coloburiscidae
Conoesucidae
Dixidae
Dugesiidae
Elmidae
Eusiridae
Eustheniidae
Gripopterygidae
Helicophidae
Hydrobiosidae
Hydropsychidae
Hydroptilidae
Leptoceridae
Leptophlebiidae
Limnephilidae
Nannochoristidae
Neoniphargidae
Notonemouridae
Oligochaeta
Orthocladiinae
Philopotamidae
Philorheithridae
Psephenidae
Scirtidae
Simuliidae
Siphlonuridae
Tanypodinae
Tipulidae
Forests A
Aeschnidae
Acarina
Ameletopsidae
Ancylidae
Athericidae
Austroperlidae
Baetidae
Blepharoceridae
Caenidae
Calocidae
Ceratopogonidae
Chironominae
Coloburiscidae
Conoesucidae
Corduliidae
Corixidae
Corydalidae
Dixidae
Dugesiidae
Dytiscidae
Ecnomidae
Elmidae
Empididae
Eusiridae
Eustheniidae
Glossosomatidae
Gomphidae
Gripopterygidae
Gyrinidae
Helicophidae
Helicopsychidae
Hydrobiosidae
Hydrophilidae
Hydropsychidae
Leptoceridae
Leptophlebiidae
Limnephilidae
Notonemouridae
Oligochaeta
Oniscigastridae
Orthocladiinae
Philopotamidae
Philorheithridae
SEGMENT
Forests B
Aeschnidae
Acarina
Ameletopsidae
Ancylidae
Athericidae
Atriplectidae
Atyidae
Austroperlidae
Baetidae
Caenidae
Calamoceratidae
Calocidae
Ceinidae
Ceratopogonidae
Chironominae
Coenagrionidae
Coloburiscidae
Conoesucidae
Corduliidae
Corixidae
Corydalidae
Dixidae
Dolichopodidae
Dugesiidae
Dytiscidae
Ecnomidae
Elmidae
Empididae
Gerridae
Glossosomatidae
Gomphidae
Gripopterygidae
Gyrinidae
Helicophidae
Helicopsychidae
Hydrobiidae
Hydrobiosidae
Hydrophilidae
Hydropsychidae
Hydroptilidae
Leptoceridae
Leptophlebiidae
Mesoveliidae
Cleared Hills and
coastal plains
Aeschnidae
Acarina
Ancylidae
Atyidae
Baetidae
Caenidae
Calamoceratidae
Ceinidae
Ceratopogonidae
Chironominae
Coenagrionidae
Conoesucidae
Corixidae
Dixidae
Dugesiidae
Dytiscidae
Ecnomidae
Elmidae
Gomphidae
Gripopterygidae
Gyrinidae
Hydrobiidae
Hydrobiosidae
Hydrometridae
Hydrophilidae
Hydropsychidae
Hydroptilidae
Leptoceridae
Leptophlebiidae
Mesoveliidae
Nepidae
Notonectidae
Oligochaeta
Orthocladiinae
Parastacidae
Physidae
Psephenidae
Pyralidae
Scirtidae
Simuliidae
Stratiomyidae
Tanypodinae
Tipulidae
Murray and Western
Plains
Aeschnidae
Acarina
Ancylidae
Atyidae
Baetidae
Caenidae
Calamoceratidae
Ceinidae
Ceratopogonidae
Chironominae
Coenagrionidae
Corbiculidae
Cordylophora
Corixidae
Culicidae
Dytiscidae
Ecnomidae
Gerridae
Gomphidae
Gripopterygidae
Gyrinidae
Hydrobiidae
Hydrometridae
Hydrophilidae
Hydroptilidae
Hyriidae
Janiridae
Leptoceridae
Leptophlebiidae
Mesoveliidae
Naucoridae
Nepidae
Notonectidae
Oligochaeta
Orthocladiinae
Parastacidae
Physidae
Planorbidae
Pleidae
Pyralidae
Simuliidae
Stratiomyidae
Tanypodinae
Highlands
Forests A
Polycentropodidae
Psephenidae
Ptilodactylidae
Scirtidae
Simuliidae
Tanypodinae
Tipulidae
Veliidae
SEGMENT
Forests B
Notonectidae
Odontoceridae
Oligochaeta
Oniscigastridae
Orthocladiinae
Parastacidae
Philopotamidae
Philorheithridae
Physidae
Planorbidae
Polycentropodidae
Psephenidae
Ptilodactylidae
Scirtidae
Simuliidae
Stratiomyidae
Synlestidae
Tanypodinae
Temnocephalidea
Tipulidae
Veliidae
Cleared Hills and Murray and Western
coastal plains
Plains
Veliidae
Veliidae
Table A4: Environmental quality objectives for rivers and streams and estuarine and marine segments – toxicants in water column and
sediments.
SEGMENT
Highlands
Forests – A
Forests – B
Cleared Hills and coastal plains

urban areas

all other areas
Murray and Western Plains

urban areas

all other areas
Open Coasts
Port Phillip Bay
Western Port
Gippsland Lakes
Estuaries and inlets
INDICATOR
Ammonia
Metals
Non-metals
Sulphide
Maximum
T (99%)
T (99%)
T (99%)
maximum
T (99%)
T (99%)
T (99%)
maximum
T (99%)
T (99%)
T (99%)
maximum
T (99%)
T (99%)
T (99%)
Sediment
toxicants
maximum
ISQG-low
ISQG-low
ISQG-low
T (95%)
T (95%)
T (95%)
T (99%)
T (95%)
T (95%)
T (95%)
T (95%)
ISQG-high
ISQG-low
T (95%)
T (95%)
T (99%)
T (95%)
T (99%)
T (99%)
T (95%)
T (95%)
T (95%)
ISQG-high
ISQG-low
ISQG-low
T (99%)
T (99%)
T (95%)
T (95%)
T (99%)
F6
F8
F3
T (99%)
T(95%)
ISQG-low
Table A5: Environmental quality objectives for marine and estuarine segments – nutrients status and water clarity indicators.
SEGMENT
Total
phosphorus
Open Coasts
Western Port
Port Phillip Bay
Gippsland Lakes
Estuaries and Inlets
µg/L
75th
percentile
≤25
Dissolved
Inorganic
Phosphorus
µg/L
75th
percentile
≤10
Total
Nitrogen
µg/L
75th
percentile
≤120
Dissolved
Inorganic
Nitrogen
µg/L
75th
percentile
≤20
INDICATOR
Chlorophyll
Dissolved oxygen
a
µg/L
75th percentile
≤1
%
Transparency/
PAR Attenuation
Suspended
Solids
Turbidity
Annual
minimum
90
Annual
maximum
110
m
25th
percentile
≥R25
µg/L
75th
percentile
≤R75
NTU
75th percentile
80
110
≥R25
≤R75
≤R75
≤R75
F8
F6
F3
≤30
≤5
≤300
≤30
≤4
Table A6: E coli indicators for water used for primary contact recreation and aquaculture
BENEFICIAL USE
E. coli
(orgs/ 100ml)
median of 5 samples taken at
regular intervals within 30
days
75th percentile of 11 samples
taken at regular intervals
within at least 60 days
≤150
≤35
≤150
≤1000
≤230
median of 5 samples at regular
intervals within 30 days



Shellfish harvesting and
aquaculture
Primary contact
recreation
Secondary contact
INDICATOR
Enterococci (orgs/100 ml)
(marine and estuarine segments only)
≤14
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
Maintenance of natural
aquatic ecosystems and
associated wildlife
-high protection
*
*
*
*
(level 2)a
-wide safety margin
*
a
(level 3)
-small safety margin
*
*
(level 4)a
INDICATOR
OBJECTIVES (maxima unless otherwise indicated)
Dissolved Oxygen
8
7.5
6
6
6.5
6
8
(g/m3) (minimum)
% saturation
85
75
60
75
85
60
85
pH variation
0.5
0.5
1.0
0.5
0.5
1.0
0.5
range
6.5-8.5
6-9
6-9
6.5-8.5 6.5-8.5
6-9
6.5-8.5
Temperature variation
0.5
1.0
2.0
1.0
0.5
2.0
0.5
(oC)
Taxicantsc
N+0.2( N+0.5(
T
N+0.2( N+0.2(
T
N+0.2(
(g/m3)
T-N)
T-N)
T-N)
T-N)
T-N)
H
*
6
60
1.0
6-9
2.0
T
The level of total dissolved solids shall not prejudice beneficial uses
50th percentile
90th percentile
variation
Light penetration
Turbidity (FTU)
50th percentile
90th percentile
Colour (Pt-Co)
90th percentile
Suspended Solids (g/m3)
50th Percentile
90th Percentile
8000
250d500
5000
b/g
5
15
5d-10
15d-20
15
80
10
2000
b/g
50
80
150
5
10
10
20
25
80
25
80
15
25
25
80
25
80
25
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 southwest 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)
(b)
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.
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 Wellingtonbut not including any of the surface waters in Segment A, B, C or D.
(f)
(g)
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.
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.
Segment A
Table 1 - Beneficial Uses in the Schedule Area
Segment B
Segment C
Segment D
(predominantly
(predominantly (mixed forestry and
reserves &
forests and forestry
agricultural
conservation areas)
activities)
activities)
(predominantly
agricultural
activities)
Segment E
Segment F
Segment G
(predominantly
industrial areas of the
Latrobe Valley)
(natural watercourses draining
irrigation)
(wetlands)
1. 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



2. Potable water supply:
With treatment (disinfection
only)
With treatment (disinfection &
removal of suspended solids)
Avon River
downstream of
Redbank only
excluding Avon
River downstream of
Redbank, Morwell
River downstream of
Eel Hole Creek &
Bennetts Creek
Morwell River
downstream of Eel
Hole Creek &
Bennetts Creek only





Table 1 (cont.) - Beneficial Uses in the Schedule Area
Segment A
Segment B
Segment C
Segment D
Segment E
(predominantly
(predominantly (mixed forestry and
reserves &
forests and forestry
agricultural
conservation areas)
activities)
activities)
(predominantly
agricultural
activities)
(predominantly
industrial areas of the
Latrobe Valley)
Segment F
Segment G
(natural watercourses draining
irrigation)
(wetlands)
3. Recreation:
Primary contact (eg. swimming,
water skiing)
Secondary contact (eg. boating,
fishing)
Aesthetic enjoyment (eg. walking
by the waters)

































excluding
estuarine areas







4. Agricultural Water Supply:
Stock watering
Irrigation
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.
Indicators (units)
Table 2 - In-stream Water Quality Indicators and Objectives
Segment A
Segment B
Segment C
Segment D
Segment E
Segment F
Segment G
(predominantly
reserves and
conservation
areas)
N
N
(predominantly
forests and
forestry
activities)
5.5-8.0
>8.0
(mixed forestry
and agricultural
activities)
(predominantly
agricultural
activities)
(predominantly the
industrial area of the
Latrobe Valley)
(natural watercourses
draining irrigation)
(wetlands)
5.5-8.0
>7.0
6.0-8.5
>6.0
6.0-8.5
>5.0
6.0-8.5
>5.0
6.0-8.5
>6.0
min. saturation
N
>85%
>75%
>65%
>55%
>55%
>65%
Maximum
N
<T*
<T*
<T*
<T*
<T*
<T*
an. 90th percentile
N
<200
<300
<400
<700
N
maximum
N
<300
<400
<500
N
<5
<10
<20
<1,000
except Newry Creek and
Nuntin Creek where <1,200
shall apply
<60
N
Suspended solids an. 50th percentile
(mg/L)
an. 90th percentile
N
<10
<20
<40
<100
N
an. 50th percentile
an. 90th percentile
Colour (Pt.Co
an. 50th percentile
units)
an. 90th percentile
Total phosphorus an. 50th percentile
(mg/L)
an. 90th percentile
Total nitrogen
an. 50th percentile
(mg/L)
an. 90th percentile
N
N
N
N
N
N
N
N
<5
<10
N
N
<0.015
<0.030
<0.60
<1.00
<10
<20
<60
<100
<0.025
<0.045
<0.70
<1.20
<15
<30
<60
<100
<0.040
<0.065
<0.80
<1.40
<500
except Latrobe River upstream of Glengarry Road
where <350 shall apply
<700
except Latrobe River upstream of Glengarry Road
where <400 shall apply
<50
except Latrobe River upstream of Glengarry Road
where <35 shall apply
<90
except Latrobe River upstream of Glengarry Road
where <70 shall apply
<25
<50
<60
<100
<0.060
<0.100
<0.90
<1.60
<30
<60
<100
<150
<0.070
<0.120
<1.00
<1.80
N
N
N
N
N
N
N
N
pH (pH units)
Dissolved
Oxygen
(mg/L & %
saturation)
Toxicants
(formula)
Salinity (mg/L)
Turbidity (NTU)
acceptable range
min. concentration
N
Indicators (units)
E. coli (organisms/100 mL)
Temperature
(°Celsius)
42 day geometric
mean
Table 2 (cont.) - In-stream Water Quality Indicators and Objectives
Segment A
Segment B
Segment C
Segment D
Segment E
Segment F
Segment G
(predominantly
reserves and
conservation
areas)
N
(predominantly
forests and
forestry
activities)
N
(mixed forestry
and agricultural
activities)
(predominantly
agricultural
activities)
(predominantly the
industrial area of the
Latrobe Valley)
(natural watercourses
draining irrigation)
(wetlands)
<200
<200
<200
<1000
N
N
Refer Table 3
Refer Table 3
Refer Table 3
Refer Table 3, except for
Bennetts Creek downstream
of Porters Road where a
maximum of 25.0° shall
apply
Refer Table 3
Refer Table 3
*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).
Segment A
Table 3 - Acceptable variation from Background Levels
Segment B
Segment C
Segment D
Segment E
Segment F
Segment G
(predominantly
reserves and
conservation
areas)
-
(predominantly
forests and
forestry
activities)
<0.3
(mixed forestry
and agricultural
activities)
(predominantly
agricultural
activities)
(predominantly the industrial areas of
Latrobe Valley)
(natural watercourses draining
irrigation)
(wetlands)
<0.7
<1.5
<1.5
<0.3
maximum
-
<0.5
<1.0
<2.0
<2.0
<0.5
rate of change
-
<1.0 in 30
minutes
<1.0 in 30
minutes
<1.0 in 30
minutes
<1.0 in 30
minutes
<1.0 in 30
minutes
(variation from N)
(% increase)
(% increase)
(% increase)
-
<0.5
<5%
<5%
<5%
<0.7
<10%
<10%
<10%
<1.0
<10%
-
<1.5
except industries existing as at 1 January
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
<2.0
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
<1.0 in 30 minutes
except industries existing as at 1 January
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
<1.0
<10%
-
<1.0
-
<0.5
-
(% increase)
-
-
<20%
<20%
<20%
<50%
-
Indicators
(units)
Temperature
variation from
N (0 Celsius)
pH (pH units)
Salinity
Turbidity
Suspended
solids
Colour
an 90th percentile
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)
(2)
The Authority will identify and promote measures to achieve the best practicable
environmental outcomes within the Schedule area.
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 -
(3)
(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.
The Authority will promote and review the implementation of the strategy referred to in subclause (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 subclause (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)
(2)
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.
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 -
(5)
(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).
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)
(c)
Corio Segment: that portion lying west of a line drawn between Point Henry and Point Lillias and
bounded by the high water mark.
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
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).
#
Aquatic
Reserves
Corio
Hobsons Werribee Inshore General
























#
#


#





#










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 -
(6)
(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.
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% ile
>90%
variation
N
N  0.5
N  0.5
N  0.5
N  0.5
range
Temperature
oC
N
N
7.5 - 8.5
N1
7.5 - 8.5
N1
7.5 - 8.5
N1
7.5 - 8.5 7.5 - 8.5
N1
N1
Transparency
Secchi disk depth
m
N
>3
>2
>3
>3
>4
N
0.45
0.50
0.45
0.45
0.35
N
<T*
<T*
<T*
<T*
<T*
N
N
N
<3
<5
<5
<3
<5
<10
<3
<5
<5
<3
<5
<5
<0.15
<3
<5
<5
<0.15
pH
Attenuation of
Photosynthetic
Active Radiation
(PAR)
Toxicants
General
Arsenic
Chromium
Zinc
Cadmium
(pH
units)
-1
m
annual
90% ile
g/L
g/L
g/L
g/L
N  0.5
(in
aquaculture
zones)
Salinity
Chlorophyll-a
Bacteriological
(E. coli)
g/L
variation
annual median
annual
90 percentile
organism 42 day
s/100 mL geometric
mean
N
N
N  5%
1.5
N  5%
2.5
N  5%
2.5
N  5%
1.5
N  5%
1.0
N
2.5
4
4
2.5
2
N
<200
<200
<1000
<14
<14
(aquaculture
zones)
and
<200
(rest of
segment)
Toxicity and
tainting of fish
and other
organisms
g/L
42 day
80 percentile
N
<400
<400
maximum
N
TC
TC
<400
TC
TC
TC
*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 -
(3)
(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.
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. Coordinates 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)
(b)
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. Coordinates E 350850 N 5839900).
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)
(g)
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.
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
Reserves
Parks
and
Forests
Rural
Eastern
Waterways
Rural
Western
Waterways
Urban
Waterways


Upper
Estuary
Yarra
Port




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





Primary contact (eg. swimming,
water skiing)
d



b
c
Secondary contact (eg. boating,
fishing)
d






Aesthetic enjoyment (eg. walking by
the waters)
d






d






Water based recreation
Commercial and recreational use of
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
Reserves
Parks
and
Forests
Temperature
(*C increase)
N
<1C
<2C
<2C
<2C
<2C
<2C
pH (pH units)
range
maximum variation
N
0
6.5 - 8.5
0.5
6.0 - 8.5
0.5
6.0 - 8.5
0.5
6.0 - 8.5
0.5
6.5 - 8.5
0.5
6.5 - 8.5
0.5
Salinity
maximum (mg/l)
N
<200
<1500
0
10
<200a/
<500b
10
25
<500a/
<1000b
10a/20b
N
>8.0
>6.0
>6.0
>6.0
>6.0
>6.0
N
>85
>80
>60
>60
>60
>60
N
<5
<15
<25
<30
<20
N
<10
<30
<80
<20c/<30d/
<25b
<50c/<80d/
<80b
<80
<50
N
<5
<20
<25
<50
<25
N
<10
<40
<90
<25c/<50d/
<25b
<60c/<90d/
<90b
<90
<60
N
<0.03
<0.05
<0.05
f
f
N
<0.2
<0.6
<0.6
<0.08a /
<0.1b
<0.9a /
<1.0b
f
f
N
N
N
<T*
<0.01
<0.0008
<T*
<0.05
<0.004
<T*
<0.05
<0.004
<T*
<0.05
<0.004
<T*
<0.05
<0.004
<T*
<0.05
<0.004
N
<TH
<TH
<TH
<TH
<TH
<TH
Taints
N
TC
TC
TC
TC
TC
TC
E.coli
organisms/100ml
geometric mean
N
<200
<200
<200
<200a /
<1000b/e
<1000e
<1000
Coprostanol
ratio coprostanol :
cholestanol
<0.5
<0.5
<0.5
<0.5
<0.5
<0.5
<0.5
Indicators (Units)
max. variation (%)
Dissolved oxygen
minimum
concentration
(mg/l)
minimum
percentage
saturation(%)
Turbidity
annual 50th
percentile (NTU)
annual 90th
percentile (NTU)
Rural
Rural
Urban
Upper
Eastern
Western Waterway Estuary
Waterways Waterways
s
Yarra
Port
Non-filtrable residue
(Suspended Solids)
annual 50th
percentile (mg/l)
annual 90th
percentile (mg/l)
Nutrients
(during base flows)
Total phosphorus
(mg/l)
Total nitrogen
(mg/l)
Toxicants
general
mercury (g/l)
methylmercury
(g/l)
biomagnification
*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
Aquatic
Reserves
Parks
and
Forests
Rural
Eastern
Waterway
s
Rural
Western
Waterway
s
Urban
Waterway
s
SIGNAL Index
Score
7.0
7.0
6.5
5.5
6.0a /
5.5b
Minimum number
of Familiesc
30
30
27
20
26a / 20b
SEGMENTS
Upper
Estuarye
Yarra
Porte
Invertebrate
community
Key Families
(listed in Table 4)
No. present
List 1
List 2
List 3
19
17
17a / 16b
10
16a / 12b





f






f






f






Fish (presence)d
Freshwater Blackfish
Gadopsis
marmoratus
Tupong
Pseudaphritis urvillii
Grayling
Prototroctes
mareana
Spotted Galaxias
Galaxias truttaceous
Common Galaxias
G. maculatus
(b)
f






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
Aquatic Reserves
Segment & Parks
and Forest Segment
Stoneflies
Gripopterygidae
Austroperlidae
Eustheniidae
Notonemouridae
Leptophlebiidae
Baetidae
Coloburiscidae
Mayflies
Dragonflies
Aeshnidae
True flies
Athericidae
Blephariceridae
Leptoceridae
Philorheithridae
Helicopsychidae
Glossosomatidae
Hydrobiosidae
Philopotamidae
Hydropsychidae
Calocidae
Helicophidae
Conoesucidae
Elmidae
Ptilodactilidae
Scirtidae
Caddis flies
Beetles
Amphipods
Shrimps
Snails/Bivalves
Eusiridae
TOTAL
24
List 2
Rural Eastern
Waterways Segment
and Rural Western
Waterways Segment
List 3
Urban Waterways
Segment
Gripopterygidae
Austroperlidae
Gripopterygidae
Leptophlebiidae
Baetidae
Caenidae
Coloburiscidae
Aeshnidae
Lestidae/Synlestidae/Cordulidae
Leptophlebiidae
Baetidae
Caenidae
Aeshnidae
Lestidae/Synlestidae/Cordulidae
Megapodagrionidae
Any other family of Odonata
Athericidae
Leptoceridae
Philorheithridae
Glossosomatidae
Calocidae
Calamoceratidae
Hydrobiosidae
Hydropsychidae
Ecnomidae
Atriplectididae
Conoesucidae
Elmidae
Ptilodactylidae
Hydrophilidae
Hydrochidae
Ceinidae/Eusiridae
Atyidae
Hydrobiidae/Corbiculidae
Leptoceridae
Ecnomidae
Hydrobiosidae
Hydropsychidae
Calamoceratidae
26
19
Elmidae
Hydrophilidae
Psephenidae
Ceinidae/Eusiridae
Atyidae
Hydrobiidae/Corbiculidae
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;
(3)
(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.
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)
(2)
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.
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)
(2)
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.
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)
(2)
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-5year 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.
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 -
(c)
(3)
(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
the sewerage plans prepared under sub-clause 2(b) are to be reviewed annually.
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 -
(5)
(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).
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)
(6)
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.
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 northeasterly direction from Cape Woolamai to the Coast, but excludes the waters of Cardinia Reservoir.
9. Segments
(1)
(2)
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.
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
Beneficial uses to be protected.
SEGMENTS
Marine
Entrances
& North
Arm
Aquatic ecosystems:
Largely unmodified
aquatic ecosystems

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
Northern
Hills
Peninsula
French
Island
South
Eastern
Rural
Lowland
& Phillip
Island













Largely modified
aquatic ecosystems
Passage for native
fish or other aquatic
biota
Water suitable for:
primary contact
recreation
secondary contact
recreation
aesthetic enjoyment
Catchment
East
Arm













































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
Northern
Peninsula
Hills
Invertebrate community
Minimum number of families a
SIGNAL index score
Number of key families present
– (refer to Table 3).
AUSRIVAS Bands
Fish (presence) c
Freshwater Blackfish
Gadopsis marmoratus
SEGMENT
French
South Eastern
Lowland &
Island
Rural
Phillip Island
26b
> 6.5
25
> 6.5
22
>5.5
28
> 6.0
22
>5.5
> 15
> 15
> 10
> 17
> 10
A
A
B
A
B

d

“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:
FAMILY
NAME
Stoneflies
Mayflies
Dragonflies
and
Damselflies
Caddisflies
Beetles
LIST OF KEY FAMILIES a
Northern Hills
Peninsula
French Island
South-Eastern
Rural
Austroperlidae
Austroperlidae
Gripopterygidae Gripopterygidae Gripopterygidae Gripopterygidae
Notonemouridae
Notonemouridae
Baetidae
Caenidae
Coloburiscidae
Leptophlebiidae
Synlestidae
Aeshnidae
Corduliidae
Atriplectididae
Calocidae
Conoesucidae
Ecnomidae
Helicophidae
Hydrobiosidae
Hydropsychidae
Leptoceridae
Elmidae
Dytiscidae
Scirtidae
True flies
Crustaceans
Total b
Objective c
Lists of key indicators for segments of this Schedule.
Dixidae
Tipulidae
Atyidae
Ceinidae
Eusiridae
Paramelitidae
27
> 15
Baetidae
Caenidae
Baetidae
Caenidae
Leptophlebiidae
Synlestidae
Coenagrionidae
Megapodagrionidae
Aeshnidae
Corduliidae
Atriplectididae
Calamoceratidae
Leptophlebiidae
Synlestidae
Coenagrionidae
Megapodagrionidae
Aeshnidae
Corduliidae
Conoesucidae
Conoesucidae
Ecnomidae
Hydrobiosidae
Hydropsychidae
Leptoceridae
Elmidae
Dytiscidae
Hydrophilidae
Scirtidae
Hydrobiosidae
Hydropsychidae
Leptoceridae
Elmidae
Dytiscidae
Hydrophilidae
Dixidae
Tipulidae
Atyidae
Ceinidae
23
> 15
Atyidae
Ceinidae
19
> 10
Baetidae
Caenidae
Coloburiscidae
Leptophlebiidae
Synlestidae
Coenagrionidae
Megapodagrionidae
Aeshnidae
Corduliidae
Atriplectididae
Calamoceratidae
Calocidae
Conoesucidae
Ecnomidae
Helicophidae
Hydrobiosidae
Hydropsychidae
Leptoceridae
Elmidae
Dytiscidae
Hydrophilidae
Scirtidae
Dixidae
Tipulidae
Atyidae
Ceinidae
Eusiridae
Paramelitidae
31
> 17
Lowland &
Phillip Island
Gripopterygidae
Baetidae
Caenidae
Leptophlebiidae
Synlestidae
Coenagrionidae
Megapodagrionidae
Aeshnidae
Corduliidae
Conoesucidae
Ecnomidae
Hydrobiosidae
Hydropsychidae
Leptoceridae
Elmidae
Dytiscidae
Hydrophilidae
Atyidae
Ceinidae
19
> 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:
INDICATOR UNIT
Physical environmental quality indicators and objectives.
PARAMETER
SEGMENT
EntraEast
North- Penin- French
nces &
Arm
ern
sula
Island
North
Hills
Arm
Light availability
Transparency
metre
(Secchi disk)
annual median
Turbidity
annual median
NTU
annual 25th percentile
>2.4
>1.4
annual 75th percentile
Suspended
Solids
Nutrients
Total
Phosphorus
Total Nitrogen
Dissolved
Inorganic
Nitrogen
Dissolved
Inorganic
Phosphorus
mg/L
annual median
annual
75th
percentile
>0.7
>0.4
<10
<30
<90
<5
<25
<5
<10
<15
<25
<20
<30
<15
<25
<20
<30
<15
<25
<20
<30
<15
<20
<30
maximum at base
flow
<0.03
<0.05
<0.05
<0.05
<0.05
mg/L
maximum at base
flow
<0.2
<0.6
<0.6
<0.6
<0.6
g/L
annual median
annual 75th percentile
g/L
annual median
annual 75th percentile
annual median
annual
75th
percentile
Indicators of faecal contamination
E.coli
Orgs/
42 day geometric
100ml mean
Toxicants
Total Arsenic
g/L
Maximum
Total Cadmium g/L
Maximum
Total Copper
g/L
Maximum
Total Lead
g/L
Maximum
Total Mercury g/L
Maximum
Total Nickel
g/L
Maximum
Total Zinc
g/L
Maximum
General water quality indicators
TDS
mg/L
Maximum
Salinity
PSU
Variation
Dissolved
% satur Minimum
Oxygen
ation
Aesthetic
characteristics
Lowland
& Phillip
Island
mg/L
Chlorophyll - a g/L
pH
Temperature
<9
<19
South
Eastern
Rural
pH units Range
C
Variation
<7
<15
<20
<43
<6
<8
<7
<10
<1.6
<2.1
<2.5
<5.0
<14a
<200b
<200
<200
<200
<200
<200
<200
<3.0
<0.05
<1.0
<1.0
<0.005
<1.0
<2.0
<5.0
<0.05
<2.0
<2.0
<0.01
<3.0
<5.0
N
N
N
N
N
N
N
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
<200
<500
<500
<500
<500
>85
>80
>80
>80
>80
<N  1
>90
<N  1
>90
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
<N + 1.0
<N + 1.0 <N + 2.0 <N + 2.0 <N + 2.0
<N + 2.0
<N + 2.0
No visible floating oil, grease, scum, litter or other objectionable
matter, or odours or colours in waters
“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)
(2)
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.
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)
(2)
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.
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:
(2)
(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.
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)
(2)
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.
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)
(2)
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.
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)
(2)
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.
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)
(3)
(4)
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.
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.
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)
(2)
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.
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)
(2)
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.
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.