Appendix A Methodology Appendix A: Methodology 2014 TA methodology Introduction Under the National Water Commission Act 2004 (Cwth) (NWC Act), the National Water Commission (the Commission) has a specific function to undertake regular assessments of progress by all governments in achieving the objectives and outcomes of the National Water Initiative (NWI). The purpose of the Australia’s water blueprint: national reform assessment 2014 (2014 assessment) is to provide an independent, evidence‑based assurance to the Council of Australian Governments (COAG), the Australian Government and the broader community that the water reforms articulated in the NWI, along with any other subsequent reforms adopted by COAG, are achieving their intended outcomes. The 2014 assessment has been undertaken under three broad headings: an assessment of progress in jurisdictional implementation of NWI actions, along with any subsequent water reform actions agreed to by COAG an assessment of the impact of the NWI and related water reform efforts against the NWI objective of optimising economic, social and environmental outcomes a review of emerging or changing water management challenges with discussion of future reform priorities. To inform the analysis for these three focal areas, the following questions were considered by the Commission: 150 To what extent has the NWI and subsequent reforms enabled water use to support Australia’s economic development, our communities and our environment? In 2014, as we reach the 10‑year anniversary of the NWI, does the agreement still provide enduring principles to guide future water reform in Australia? Do any emerging issues and challenges indicate a need to adjust the NWI in the future? What are the remaining barriers to implementing agreed water reforms and how can they be overcome? Are there more efficient or effective ways, including industry and private sector participation, of achieving the intended water reform outcomes? Are there opportunities to better manage the interface of water policy with other policy realms such as energy and resources, agriculture and urban planning? Australia’s water blueprint: national reform assessment 2014 Approach During 2012–13 the Commission engaged with Australian Government agencies, state and territory agencies, industry and other stakeholders to discuss the 2014 assessment’s scope and proposed approach. From August 2013 until June 2014 the Commission engaged further with these parties, as well as the public, through an open submission process to gather information and evidence required for the 2014 assessment. Information sources The 2014 assessment has been informed by a wide range of sources, including: a public call for submissions in September 2013 (see further details below) a series of four water stakeholder roundtable workshops held in late 2013 and early 2014 in Albury, Cairns, Perth and Melbourne (see further details on page 154) consultation with the Commission’s Stakeholder Reference Group, representing peak industry and community groups concerned with water management consultation with NWI parties regarding advice on implementation progress with the NWI and subsequent reforms (see Appendix C) consultation with other stakeholder groups including the Commission’s Urban Water Strategic Advisory Panel Commission reports published since the 2011 assessment published and unpublished statistical data from agencies such as the Australian Bureau of Statistics (ABS) and Bureau of Meteorology (BoM) Commission projects undertaken specifically to inform this assessment peer reviews of key sections of this report feedback from NWI parties on a draft version of this report. The assessment of the impact of the NWI and subsequent water reform measures has been guided by the development of an updated NWI program logic – a method of examining how and under what conditions change can occur as a result of policy interventions. Details of the program logic developed for this assessment are contained in Appendix D. Public call for submissions In September 2013 the Commission invited interested organisations and people to make a written submission to inform the 2014 assessment. An issues paper was made available to provide background to the assessment and identify matters on which information and comment were sought. In October 2013, the Commission also issued an urban water futures discussion paper, to which some of the submissions responded. The responses that discussed urban water futures are marked * in the list below. The assessment received 56 submissions from a variety of parties as shown over page. Each submission, except those provided in confidence, was published on the Commission’s website. National Water Commission 151 Figure 1. Composition of public submissions Number of submissions 16 12 8 4 0 Business Government Research institutions Individuals Public submissions received: 152 • ACTEW Corporation • Agriculture New South Wales (Department of Primary Industries) • Australian Academy of Technological Sciences and Engineering • Australian Conservation Foundation • Australian Network of Environmental Defender’s Offices • Australian Waterlife • Australian Water Recycling Centre of Excellence* • Barmah‑Millewa Collective – Friends of the Earth Melbourne • Brian Bycroft • Business Council of Australia • Cape York Land Council • Centroc Water Utilities Alliance* • Chamber of Minerals and Energy • Consumer Utilities Advocacy Centre* • Council of Mayors (SEQ)* • Cooperative Research Centre (CRC) for Water Sensitive Cities* • CSIRO* • Environment Centre Northern Territory • Environment Victoria • New South Wales Farmers’ Association • New South Wales Farmers’ Association, Griffith Branch • Fiona MacDonald Consulting • Flow Systems* • Inland Rivers Network • Institute for Sustainable Futures* • Local Government New South Wales* • Lock the Gate Alliance Australia’s water blueprint: national reform assessment 2014 Industry Group NGO • Luke Stewart • Melbourne Water* • Minerals Council of Australia • Murrumbidgee Valley Food and Fibre Association • National Farmers’ Federation • National Irrigators’ Council • North Australian Indigenous Land and Sea Management • New South Wales Irrigators Council • New South Wales Office of Water* • Ord Irrigation Cooperative Ltd • Queensland Natural Resource Management Groups Collective • Qldwater* • Queensland Farmers’ Federation • Redland City Council* • Regional Development Australia Far North Queensland & Torres Strait Inc • South Australian Murray Irrigators Incorporated • Southern Rural Water • SunWater • Tasmanian Farmers and Graziers Association • Water Directorate* • Water Industry Operators Association of Australia* • Water Industry Skills Taskforce* • Water Services Association of Australia* • Water Stewardship Australia • Waterfind • Yvette Bettini and Brian Head – University of Queensland • Yarra Valley Water*. *response focused on urban water futures discussion paper Public submissions varied in focus, from reform issues relevant at the national scale to those more concerned with specific local issues. Most were broadly supportive of the NWI’s principles and the work of the Commission as a necessary independent voice in water reform. Several submissions noted that implementation of the NWI had not yet been fully completed. In particular, the failure to achieve the NWI commitment to return overallocated systems to a sustainable level of extraction was discussed, and concerns were raised about non‑NWI‑compliant water entitlement arrangements in Western Australia and the Northern Territory. The success of the NWI in underpinning economic growth and market flexibility for water‑dependent industries was acknowledged, although further improvements in data and information availability were sought. Disappointment with the lack of progress on the National Water Market System was noted in several submissions. Other common themes included the need for well‑resourced, science‑based and transparent policy development, from research through to ongoing monitoring and evaluation. Climate change was noted as a key driver in water reform moving forward. National Water Commission 153 Many submissions indicated concerns with current engagement processes in water reform and water planning activities. Reference was made to the need for consistent engagement, with some suggesting a national engagement framework to improve the transparency of water planning arrangements. The variability of engagement and unclear links between engagement and policy were criticised. Submissions also called for more inclusive engagement of Indigenous groups, particularly in relation to the development of northern Australia. Urban water issues were put forward as a priority for water reform, with submissions concerned about clarifying roles and responsibilities, integrating whole‑of‑cycle water management, strengthening regulation, private sector investment and the challenges of water management in regional urban centres. Fit‑for‑purpose water quality was also identified as an issue for both urban and rural areas. Several submissions suggested better integrated land and water management was needed to achieve water quality outcomes. As discussed above, submissions commented on specific parts of the NWI where it was felt that not enough progress had been made. This included interception management, trading restrictions and the management of connected groundwater and surface water systems. In addition, some submissions identified the potential for a loss of momentum in water reform following the end of the Millennium Drought, and a concern that some jurisdictions were taking steps of a regressive nature, such as moves to manage water for mining and coal seam gas (CSG) extraction outside the water entitlement framework. Submissions argued that mining and related issues should be integrated into the NWI framework as a matter of urgency, and a solid scientific understanding of impacts determined. Water stakeholder roundtable workshops The Commission held four water stakeholder roundtable workshops to gather input for the assessment at a cross‑section of locations across the country – in Albury, New South Wales on 17 September 2013; Cairns, Queensland on 24 October 2013; Perth, Western Australia on 8 November 2013 and Melbourne, Victoria on 6 February 2014. In addition to Commissioners and staff, the names of participants at the workshops are listed below: 154 Name Organisation Workshop Darren Baldwin Murray Darling Freshwater Research Centre Albury David Thurley Albury City Council Albury Ian Longfield Rivalea Australia Albury Lani Houston Regional Development Australia – Riverina Albury Natalie Dando North East CMA (Wodonga) Albury Paul Mayton Murray Darling Association Albury Peter Borrows Murrumbidgee Irrigation Albury Brad Ferris Albury City Council Albury Gillian Kirkup Murrumbidgee Irrigation Albury Gordon Ball Murray Catchment Management Authority Albury Helen Dalton New South Wales Farmers’ Federation Albury Peter Crowe Regional Development Australia – Murray Albury Barbara Hull Regional Development Australia – Murray Albury Australia’s water blueprint: national reform assessment 2014 Name Organisation Workshop Darryl Jacob Murray Darling Association Albury John Culleton Coleambally Irrigation Albury Jonathon Howard Charles Sturt University Albury Les Gordon Ricegrowers’ Association of Australia Albury John Francis Murrumbidgee Catchment Management Authority Albury Ken Gaudion Victorian Farmers’ Federation Albury Bruce Diffey Victorian Farmers’ Federation Albury David Harriss New South Wales Office of Water Albury Ed Cox Murray River Group of Councils Albury Jenny McLeod Murray Irrigation Albury Lin Crase La Trobe University Albury Rhonda Sinclair Murray Darling Wetland Working Group Albury Sarah Dinning New South Wales Office of Water Albury Alan Dale James Cook University Cairns Jann Crase Regional Development Australia Far Nth Queensland and Torres Cairns Steve Tansley Strait Inc. Water Association – Queensland Australian Cairns Jon Black Queensland Department of Environment & Heritage Protection Cairns Ian Johnson Queensland Farmers Federation Cairns Peter Callaghan Cape York Land Council Cairns Trish Butler Cape York Sustainable Futures Cairns Nigel Kelly Department of Natural Resources and Mines Cairns Paul Utting Cairns Regional Council Cairns Richie Bates Cairns Regional Council Cairns Matt Darcey Northern Territory Department of Land Resources Management Cairns Cr Margaret de Local Government Association of Queensland Cairns Wit Mike Berwick Terrain Natural Resource Management Cairns Nigel Parratt World Wildlife Fund (Brisbane) Cairns Terry Piper Balkanu Cape York Development Corporation Cairns Meredith Blais Water Corporation, Western Australia Perth Greg Stewart Australian Drilling Industry Association Perth Natasha Woods Wheatbelt Natural Resource Management Perth Don McFarlane CSIRO Perth Tad Bagdon Department of Water, Western Australia Perth Peter Bowyer Civil Group Perth Stephen Cook Harvey Water Perth National Water Commission 155 Name Organisation Workshop Lisa Potter Perth Region Natural Resource Management Perth Michael Bennett University of Western Australia Perth Mark Batty Western Australia Local Government Association Perth Justin Fromm Association of Mining and Exploration Companies Perth Ian Randles Pastoralists and Graziers Association of Western Australia Perth Alex Gardner University of Western Australia Perth Iqbal Samnakay Department of Water, Western Australia Perth Jaci Moore Department of Water, Western Australia Perth Steve Dilley Farmers’ Federation of Western Australia Inc. Perth Daniela Tonon Australian Water Association (Western Australia Branch) Perth Blair Nancarrow Syme & Nancarrow Water Perth Adam Lovell Water Services Association of Australia Melbourne Alison White New South Wales Metropolitan Water Directorate Melbourne Ben Goodsir Tasmania Department of Primary Industries, Parks, Water & Melbourne David Cameron Environment Queensland Water Melbourne David Marlow CSIRO Melbourne Greg Allen Sydney Water Melbourne Jo Benvenuti Consumer Utilities Advocacy Centre Melbourne Jonathan Kennedy Infrastructure Partnerships Australia Melbourne Julia Grant South Australia Department of Environment, Water & Natural Melbourne Malcolm Roberts Resources Competition Authority Queensland Melbourne Marcus Crudden Essential Services Commission, Victoria Melbourne Mark Bartley Australian Water Association (Victorian Branch) Melbourne Mark O’Donohue Australian Water Recycling Centre of Excellence Melbourne Michele Akeroyd Goyder Institute Melbourne Robyn Centre for Appropriate Technology Melbourne Grey‑ Gardner Ross Allen Cooperative Research Centre for Water Sensitive Cities Melbourne Sally Armstrong Sydney Water Melbourne Stuart Wilson Water Services Association of Australia Melbourne Tony Holmes New South Wales Water Directorate & Shoalhaven Water Melbourne The first three of these workshops focused mainly on rural water management, while the fourth dealt specifically with urban water issues. These events were attended by a variety of stakeholders, including representatives from government agencies, water utilities, research organisations, catchment management authorities, irrigators, industry associations and environmental groups. In general, the workshop participants agreed the NWI and its principles were sound and remained relevant. With regard to the NWI, workshops examined benefits, limitations, emerging issues, barriers to success and potential improvements. 156 Australia’s water blueprint: national reform assessment 2014 Key benefits nominated included the increase in water trade and entitlement security, the increased availability of water‑related information and improvements in the monitoring and enforcement of entitlements. The recognition of the environment as a legitimate water user, along with the development and implementation of sustainable development approaches, were also nominated as gains attributable to the NWI. The workshops also nominated several areas where the results were less positive. These included relationships between government agencies and irrigation communities, the reduction of available water to support regional economies and a perception that the NWI was focused on the Murray–Darling Basin. It was also noted that in many areas the environmental benefits of the NWI were as yet unclear, and that significant changes had been imposed with little documented benefit. Barriers to the NWI’s success or its implementation were also identified. These tended to focus on resourcing (investment in infrastructure, implementation costs, funding for evaluation and benchmarking), the interaction of mining and water, and a lack of clarity on how water is shared. Skills shortages and leadership at local and regional levels were also noted as issues that needed to be addressed. The workshops nominated increased localism and collaboration as key ways to improve NWI implementation. Other issues discussed included regulation, the integration of water into regional development planning (including in northern Australia), improved risk management and the development of policy to manage interactions between water and energy. Issues that were identified included mining and its interaction with water resources, treatment of groundwater and responsible development practices. The workshops also examined issues relating to social wellbeing and community engagement. It was reported that the effects of water reform on social wellbeing were unclear. Some participants praised voluntary buybacks through water trade as an efficient and effective method for dealing with overallocation, whereas others suggested they were divisive. Concerns persist regarding the decline of some rural communities and the inequitable distribution of the costs and benefits of water recovery measures. It was also noted that the effects of reform could be difficult to discern in the context of recent extreme climate variability such as the Millennium Drought in south‑eastern Australia, which was followed by two very wet years. While there was broad agreement about the importance of engagement, it was argued that it had not always been done well or consistently. Issues that commonly arose were levels of transparency, perceptions of influence and the capacity of participants to affect outcomes. Indigenous participants suggested that despite a high degree of contact during consultation processes, they did not feel they had significant influence on issues important to them. It was also noted that after agreements were reached, engagement declined or ceased, and that this presented challenges to ongoing community buy‑in. The urban workshop acknowledged that the urban sector was often characterised by trade‑offs and tensions that moderated the reform process, but that nonetheless significant benefits were available – providing policy makers were prepared to offer leadership on issues such as private capital, water security and investment. The lack of clarity that characterises pricing, ownership, roles and responsibilities and governance also present challenges that the workshop argued should be addressed. These issues, along with customer choice, service contestability and planning were all identified as matters for examination. National Water Commission 157 The urban workshop identified that future urban water development needed to be focused on the customers and the communities they reside in. The Commission was nominated as having a key role to play in facilitating discussions among regulators and stakeholders more broadly to ensure that customer needs and expectations could be met. Regulatory reform was also identified as a key issue to be addressed, including providing incentives for innovation and efficiency gains, breaking down planning silos and addressing the tensions between utility owner and regulator roles (in those cases where they are the same). Other matters raised included liveability, available benefits from integrated water management, and the roles and responsibilities of different levels of government (especially in regard to the national reform program). Consultations with NWI parties To minimise reporting burdens, jurisdictional input to the 2014 assessment was sought in a judicious and coordinated manner. As far as possible, the Commission drew on evidence from its existing work program and publicly available information. Jurisdictions were given the opportunity to provide comment and undertake fact checking for the report. Meetings with and submissions from NWI parties On 30 July 2013 NWI parties were advised that the Commission had begun the 2014 assessment and invited to meet to discuss the parameters of the assessment and the input required from each of them. Meeting dates and representative agencies are set out in the table below. Table A1: Meetings with state and territory agencies Organisation Date Northern Territory Department of Land and Resource Management South Australian Department of Environment, Water and Natural Resources Tasmanian Department of Primary Industries, Parks, Water & Environment Queensland Department of Environment and Heritage Protection Queensland Department of Energy and Water Supply Queensland Department of Natural Resources and Mines Victorian Department of Environment and Primary Industries Office of Living Victoria New South Wales Office of Water New South Wales Department of Premier and Cabinet Western Australian Department of Water Thursday, 22 August 2013 Australian Capital Territory Environment and Sustainability Directorate Commonwealth Department of the Environment Tuesday, 27 August 2013 Wednesday, 28 August 2013 Tuesday, 3 September 2013 Tuesday, 3 September 2013 Monday, 9 September 2013 Monday, 9 September 2013 Wednesday, 11 September 2013 Wednesday, 25 September 2013 Wednesday, 20 November 2013 Wednesday, 20 November 2013 Detailed requests for information were sent to all NWI parties between 22 October and 12 November 2013, with responses received in December 2013. 158 Australia’s water blueprint: national reform assessment 2014 Meetings with water agency directors-general The Commission met with the directors‑general of the state and territory water agencies or their representatives on 1 April 2014. This meeting discussed water reform progress and considered strategic issues faced by agencies in implementing the NWI. Agencies also reflected on the key messages emerging from the 2014 assessment work to date and shared their views on the key future water reform priorities. Consultation draft report The Commission provided a consultation draft of this report to all NWI parties on 23 May 2014, and sought comments on the accuracy of factual content, as well as the Commission’s expressed view of water reform priorities for the future. Comments were received from all parties throughout June and early July 2014. Senior‑level discussions on the messaging in the draft report were also held with a number of these agencies during the consultation period. Regional wellbeing survey In 2013 the Murray–Darling Basin Futures Collaborative Research Network (MDBfutures) conducted a survey canvassing the wellbeing of people living in regional and rural communities. The survey results were published on 18 June 2014 and are available at http://www.canberra.edu.au/murray‑darling‑crn/ regional‑wellbeing. The survey focused on how wellbeing is influenced by change, including changes brought about by water reform. Its findings were used to inform the 2014 assessment, particularly with regard to the NWI’s economic and social impacts and water reform more broadly. The survey canvassed the views of more than 9000 respondents, including 900 irrigators and 1600 dryland farmers, spread across rural and regional Australia (excluding Tasmania). The sample of irrigators obtained was representative of the distribution of irrigators across Australia with three exceptions: Tasmanian irrigators were not included in the survey (and hence none of the data reported includes the views of Tasmanian irrigators), irrigators in South Australia were over‑sampled and Queensland irrigators located outside the Murray–Darling Basin were under‑sampled. The weighting process corrected for the identified over‑ and under‑sampling of these irrigators with the exception of Tasmania. The main topics examined included personal and community wellbeing, demographic changes, access to services, and the experience and views of water reform. Social impact analysis The Commission engaged Marsden Jacob Associates (MJA) to examine the impact of water reform on community wellbeing, as well as to develop performance indicators and provide longitudinal information for the 2014 assessment’s consideration. MJA selected communities on the basis of how long each had been exposed to key water reform activities, with this measure used as a proxy for how much each had been affected by water reform. The study group was further narrowed by other measures – selecting those communities that had overall been at the centre of the water reform process and finally settling on a group of 20 communities. Each of these communities was compared with other communities of a similar population size that were deemed to have been substantially less affected by water reform. These communities were compared using a variety of measures, ranging from basic comparisons to detailed statistical modelling. National Water Commission 159 The results of this study did not identify any negative socio‑economic effects of water reform, with little difference observed in social outcomes between the case study communities and their comparators. The results showed that most of the communities had: • maintained their population • maintained diverse economies showing stability • had largely unchanged employment levels • reported high levels of personal and community‑level satisfaction. The results also showed that where socio‑economic conditions had declined there was no causal link between this and the level of water reform activity, and that the changes were more likely the result of regional demographic factors such as population migration to larger regional urban centres. The study concluded water reform had not negatively affected the communities within the case study areas in a measurable way, with the overall changes in these communities influenced to a greater extent by other factors, such as proximity to mining and other extractive industries, region‑specific economic conditions and demographic migration. Noting its limitations, the Commission assessment used this work to help measure the impact of water reform. 160 Australia’s water blueprint: national reform assessment 2014 Appendix B Progress against 2011 recommendations Appendix B: Progress against 2011 recommendations The National Water Commission’s 2011 assessment identified progress in national water reform to date under the National Water Initiative (NWI). It also articulated the challenges preventing the NWI parties from gaining the full benefits of water reform. These included delays and gaps in implementation, new and emerging issues, less than adequate resourcing and ad hoc decision‑making. To address these challenges the 2011 assessment identified 12 headline recommendations and several priority areas for the reform process into the future. This appendix documents the Commission’s 2014 assessment of progress against the 2011 recommendations. 2011 assessment – recommendation 1 The National Water Commission calls on the Council of Australian Governments (COAG) to recommit to the National Water Initiative as the guiding blueprint for sustainable water management in Australia and to task the Standing Council for Environment and Water to drive these reforms as a priority. COAG leadership is essential to reinvigorate national water reform. Summary of progress since 2011 COAG recommitted to the NWI by endorsing the Next Steps in National Water Reform: Preparation for the future (a report by the Standing Council on Environment and Water), outlining the National Water Reform Work Plan 2013–2017 as the next stage in the Australian water reform agenda. The report, included at Attachment E, identifies the water issues in which the greatest benefit from national progression is expected to be derived over the next 10 years, and lists specific actions for addressing these issues over the next five years. It also identifies the significant unfinished business from the NWI. The key water issues identified for action in the next five years were: • National Groundwater Strategic Plan – develop (by the end of 2013) and implement (jurisdictional action plans by 2014) a National Groundwater Strategic Plan • improving certainty and security of access to water – explore the costs and benefits of further entitlement reform in locations where rights are not explicitly defined within existing water access and entitlement frameworks • urban water – provide evidence to inform national urban water reform initiatives that support secure, safe, healthy and reliable water‑ related services and which meet community needs in an efficient and sustainable manner • integrating water quality and quantity – better integration between water quality and quantity in planning, management and regulation frameworks to achieve improved environmental, economic and social outcomes • improved long-term water planning – ensure water resource decision-makers are better able to plan for likely long-term impacts on water supply and demand, including identifying areas of critical balance 162 Australia’s water blueprint: national reform assessment 2014 • water resource development – inform decisions on the development of water resources based on the consistent application of agreed principles. The Next Steps report includes new approaches to implement these water issues and identifies unfinished business from previous commitments. These include: • fully implement commitments for NWI‑ compliant water planning • use best endeavours to introduce and pass legislation to enable implementation of NWIconsistent water access entitlements (Northern Territory and Western Australia) and water planning (Western Australia) • identify and report on water systems where use is not sustainable • address stakeholder concerns about water market intermediaries • the Commonwealth, Victorian, South Australian and New South Wales governments will work collaboratively to develop practical measures to overcome impediments to the consistent application of the four per cent cap and a staged increase in the limit • continued implementation of the National Framework for Non‑ Urban Water Metering • estimation of rural water use • implementation of the National Water Knowledge and Research Platform. In December 2013 COAG announced its decision to reduce the number of standing councils. The Standing Council on Environment and Water (SCEW) was disbanded and, consequently, the committee of senior water officials reporting to it – the Water Thematic Oversight Group (WTOG). This has left no specific standing council with the responsibility for considering water policy at the national level. Following disbanding of the SCEW and its WTOG, an ad hoc committee of senior officials has been in the process of formation. At the first meeting of this government officials’ water reform committee a reduction in the work program of future reform activities was proposed, including the discontinuance of several previously agreed actions, including: • identification and reporting on systems where use is in excess of sustainable water extraction regimes • development of a decision framework to guide water resource development • preparation of a national plan for estimating rural water use • fully implementing the interception commitments in the NWI • developing water market service standards for trade approvals for non-Murray–Darling Basin jurisdictions • development of a regulatory framework for water market intermediaries. The Commission is concerned that this reduction in water reform scope, along with the absence of incentives for jurisdictions to coordinate their efforts and the lack of national ministerial standing council oversight, are likely to hinder the progress of nationally significant reforms in the future. Without a national governance structure, the full benefits of ongoing national water reform are less likely to be realised and any resiling from the more difficult aspects of reform less likely to be publicly held to account. National Water Commission 163 2011 assessment – recommendation 2 All NWI parties must resolve to stay the course on their reform commitments and give priority to delivering the significant unfinished actions identified by this assessment. This is critical to reap the full benefits of past efforts and to meet the continuing imperative of increasing the productive and efficient use of Australia’s water and ensuring the health of river and groundwater systems. Summary of progress since 2011 The 2011 assessment identified 11 key areas of unfinished business from the NWI, including both priorities for improved practice and areas where evidence of the reversal of reform needed to be arrested. These areas are examined in detail in Chapter 3 of this report. 2011 assessment – recommendation 3 Governments around Australia should engage with their constituents to develop a shared understanding of why water reform is still vital to build resilient communities, productive industries and sustainable environments. Summary of progress since 2011 Since 2011, the Murray–Darling Basin Authority (MDBA) has made considerable effort to engage with the community and to restore community confidence in the reforms. The Murray–Darling Basin Plan (the Basin plan) passed through Parliament in November 2012. A concerted effort to highlight the benefits of water reform more broadly at the jurisdictional or national level has not generally ensued. While individual (usually funding) announcements are made and short‑term, often localised benefits are highlighted, a shared understanding of big‑picture, long‑term benefits has not been widely promoted in most jurisdictions. The debate on urban water reform has progressed since 2011 with a greater focus on community and customer engagement across the sector. Mechanisms for reflecting community values in major policy and planning decisions, and for enabling individual consumers to express preferences through choice, continue to be improved but further work is required. This end‑user‑focused engagement has embedded service standards and delivery options within most utilities, creating more flexible arrangements to meet needs and demand where possible. While this progress is widespread across the urban water sector, it lacks a unified approach – thus remaining fragmented with ad hoc implementation. 2011 assessment – recommendation 4 All levels of government should strengthen community involvement in water planning and management, recognising the value of local knowledge and the importance of regional implementation, and review institutional arrangements and capacity to enable effective engagement at the local level. Summary of progress since 2011 There has been community involvement in the development and review of water plans across all jurisdictions. Development of the Basin plan demonstrated what a challenging process this can be when action to recover from situations of overuse or overallocation needs to be taken. Considerable 164 Australia’s water blueprint: national reform assessment 2014 community uncertainty and dissent was expressed during the first attempt at plan development. Initial missteps and misunderstandings were addressed in order to obtain greater community acceptance of a final Basin plan in 2012, five years after the Water Act 2007 (Cwth) was passed. A number of submissions and consultations for this assessment expressed strong ongoing concern with the new water governance arrangements in the Murray–Darling Basin, and the underlying basis of the Water Act 2007 (Cwth), and it would be very premature to suggest that community opposition to the arrangements has been entirely dispelled. The process to finalise the Basin plan included numerous commitments to ‘localism’, however tangible mechanisms in the implementation arrangements are yet to be finalised. 2011 assessment – recommendation 5 Australia needs a stronger and more contemporary urban water reform agenda. The Commission recommends that COAG develops a new set of objectives and actions to provide national leadership for urban water management. Summary of progress since 2011 To guide development of the 2011 assessment, the Commission published Urban water in Australia: future directions (NWC 2011) and a series of related, more detailed analyses of pricing, competition and water quality regulation. These identified opportunities for further urban water policy reform, as well as ways to better manage current and future challenges and opportunities to improve economic, social and environmental outcomes from the urban water sector. Specifically, the Commission called for COAG to: • adopt an agreed set of national objectives for the urban water sector and general principles to guide reform • pursue priority actions for each jurisdiction that contribute materially to national urban water sector objectives, and use stronger incentives and an improved monitoring and evaluation framework to drive timely and effective implementation. In responding to the 2011 recommendations, the SCEW provided COAG with a modestly enhanced urban water reform agenda in 2012 and identified a range of actions including: • review of NWI pricing principles by the end of 2014 • review of the 2008 COAG National Urban Water Planning Principles by the end of 2014 • promoting awareness of the outcomes of research and analysis of urban water issues across governments through existing forums. Pricing principles The review of the NWI pricing principles aims to address a variety of issues including pricing the scarcity value of water, the valuation and recovery of environmental externalities, the feasibility of multiple tariff options, costs and benefits of postage stamp pricing, and sewerage and trade waste licensing. The review will consider whether the pricing principles meet the intent of the NWI best‑practice water pricing arrangements, taking into account changes since the pricing principles were developed. Planning principles The review of the 2008 Urban Water Planning Principles seeks to assess the extent of implementation and the effect on urban water planning decisions by utilities and local governments, as well as to examine the role of planning principles in advancing new approaches National Water Commission 165 to planning, such as adaptive management and integrated urban water management. Promoting awareness At a national level, awareness raising is largely limited to activities previously endorsed through COAG sub‑committee processes and identified in the National Water Knowledge and Research Platform. At jurisdictional level, interactions between governments, industry and the public have been associated with reforms to legislation, planning and regulation. Reforms to legislation, planning and regulation Although the appetite for urban reform varies across the country, governments and industry continue to pursue actions to advance water reform outcomes and have embarked on public consultation and review processes to identify new approaches to urban water legislation, regulation and planning (Table B1). Table B1. Jurisdictional urban water reforms undertaken 2011 to 2014 Jurisdiction New South Wales Review Review of urban water regulation: Metropolitan Water Directorate Independent Local Government Review – strengthening the effectiveness of local government Planning for our Future: NSW Department of Planning and Infrastructure Victoria Victorian Government’s Living Victoria Policy Melbourne’s Water Future Strategy: Office of Living Victoria Vic Health Safe Drinking Water Regulatory Review and Review of the regulatory framework for alternative water supplies: Department of Health Water Law Review: Department of Environment and Primary Industries Queensland Queensland’s Water Sector: A 30‑year Strategy Western Australia Economic Regulation Authority: Review of water service operating licences South Australia Essential Services Commission: Economic Regulation of SA Water from 1 July 2016– Draft Framework and Approach Essential Services Commission Inquiry into Drinking Water and Sewerage Retail Services Pricing Reform Tasmania House of Assembly Select Committee into the Tasmanian Water and Sewerage Corporations Reform of Tasmania’s water and sewerage sector: Tasmanian Government Australian Capital Territory Economic Regulation Authority: Review of water service operating licences Northern Territory Northern Territory Government: Reforms to Power and Water Corporation 166 Australia’s water blueprint: national reform assessment 2014 These reviews explore key issues and options for progressing national water reform directions. Common features include: • long‑term urban water planning that takes account of the variable nature of our climate • financial resilience and economic efficiency emphasised • ‘light handed regulation’ and incentivising innovation to reduce cost pressures and improve productivity • a focus on enhancing liveability and the environment • creating greater opportunity for private sector involvement and investment • encouraging customers in the smarter use of water and fair pricing signals • integration of planning for water and sewerage services in regional planning • improved nationally based skills framework and improved coordination of research and development • building certainty into the planning and approval process. 2011 assessment – recommendation 6 Water quality objectives should be more fully integrated into the reform agenda, with better connections between water quality and quantity in planning, management and regulation to achieve improved environmental outcomes. There is also a need for a more coordinated and structured approach to urban water quality regulation at a national level. Summary of progress since 2011 The Basin plan includes a water quality and salinity management plan, with arrangements to be incorporated in state water resource plans. Outside the Murray–Darling Basin progress has been limited. Previously strong bilateral arrangements that were put in place through the (completed) National Action Plan for Salinity and Water Quality are weakening. Emerging issues include potential damage to the Great Barrier Reef and waste discharges associated with mining and coal seam gas (CSG) extraction activities. In 2013 a Great Barrier Reef scientific consensus statement highlighted the decline in marine water quality and associated the decline with excess nutrients, fine sediments and pesticides from Great Barrier Reef catchments due to diffuse source pollution from agriculture. The Queensland and federal governments, industry bodies and landholders have developed best‑management practice programs for cattle grazing and sugar cane growing to reduce this pollution from agriculture. More coordinated and structured approach to urban water quality regulation at a national level Regulatory arrangements governing urban water quality have served Australia well, with drinking water generally safe and of a high quality. Since 2011, many utilities have continued with improvements to the management of water quality – the risk‑management process developed within the National Water Quality Management Strategy (NWQMS) framework has become the central process for water quality regulation across Australia. National Water Commission 167 The Commission’s 2012–13 urban National Performance Report (NWC 2014) found that the overwhelming majority of water delivered to consumers is safe. The report found very few instances of drinking water in Australia not complying with the Australian drinking water standards. Microbiological compliance has improved from 2011–12 to 2012–13 with only three of more than 80 utilities reporting less than 100 per cent compliance (Ben Lomond Water, 97 per cent; Clarence Valley, 73 per cent; Tamworth, 99 per cent). However, some small regional utilities still face particular difficulties in meeting economic, environmental and public health objectives due to financial viability, water regulation compliance and skills shortages – as noted by the Productivity Commission (PC 2011). The supply of safe drinking water for remote Indigenous communities also poses a particular challenge, with drinking water quality in many small remote Indigenous communities often not meeting Australian Drinking Water Quality Guidelines (NWC 2012). Despite developments in managing water quality, challenges remain. Regulatory systems for urban and wastewater have been tested by changes including new institutional arrangements, source diversification, interconnectivity and new market participants. A lack of clarity about roles and responsibilities across water quality and quantity institutions compound these challenges. The Standing Council on Environment and Water provided COAG with a range of actions for supporting better integration of water quality and quantity, revising the strategic direction of the NWQMS. These actions included: • revising the policy settings for the NWQMS in line with developments in water reform and including a focus on integration of water quality and quantity planning and management • resetting governance arrangements for NWQMS management • rationalising guidance material • developing appropriate monitoring and evaluation techniques • consider preparing NWI policy guidelines for water planning. Since 2011, state and territory governments continue to review water quality regulations in order to reduce regulatory inefficiencies and facilitate more consistent, coordinated and timely regulation (see Appendix C). Innovative approaches to urban water quality regulation have been enhanced through collaboration between industry, communities, the research and development sector and government. The centres of excellence and cooperative research centres have made valuable contributions to ensure nationally applicable, demand‑driven and goal orientated research and development. Urban water quality progress since 2011 Urban water quality arrangements have improved significantly since 2011, including a greater focus on risk management and the development of new regulatory approaches. Risk management has been increasingly adopted as the central mechanism for managing water quality, with regulators mandating the Australian Drinking Water Guidelines and Australian Guidelines for Water Recycling. Utilities have advanced treatment of risk, ensuring the quality and reliability of drinking water in towns and cities (noting that regional supplies face different challenges). There has also been significant research and development investment supporting risk management, with the development of the NatVal—The Map to a National Validation 168 Australia’s water blueprint: national reform assessment 2014 Framework for Water Recycling Schemes. The challenges that remain include reforming regulatory inefficiencies, such as duplication and overlap, the degradation of urban waterways, and the tensions between regulators and utilities regarding price and community preferences. Utilities are seeking to understand what consumers are prepared to pay for environmental sustainability, but such assessments are immature. The value of environmental water is not being adequately quantified as yet, and therefore it is not driving innovation or efficiency gains. The costs and benefits of waterway health and other non‑financial impacts are not generally being measured, reducing the comprehensiveness of urban planning processes. 2011 assessment – recommendation 7 Greater coordination of water management and natural resource management initiatives would yield significant gains, for example by better aligning the development, implementation and review of water plans and catchment plans. Summary of progress since 2011 While little demonstrable progress is being made in this area, jurisdictions continue to view integrated management and better alignment as an important aspiration. For example in New South Wales, the recent 10‑year review of the 31 water sharing plans which commenced in 2004 was done within the context of progress towards natural resource management targets. The New South Wales Natural Resources Commission assessed the contribution of these water sharing plans to the state natural resource management targets and the relevant regional Catchment Action Plans and concluded that the contribution was difficult to ascertain given the lack of comprehensive monitoring and evaluation (NRC 2013). In South Australia, Water Allocation Plans are developed by Natural Resources Management (NRM) boards for each prescribed water resource in their particular region and are supported by their respective Regional NRM Plans (which include goals and strategies for the integrated management of water and other natural resources). If there are water resources outside prescribed areas, they are managed in accordance with the provisions of the relevant NRM Plan. For example, in the Alinytjara Wilurara region the NRM Plan was amended to specifically manage concerns of the NRM board and the community in relation to water management. 2011 assessment – recommendation 8 The Commission urges states and territories to review their existing mining and petroleum regulatory arrangements to ensure that water resource impacts are addressed explicitly, and that those extractive activities are fully integrated into NWI-consistent planning and management regimes. Summary of progress since 2011 There has been strong progress in jurisdictional development of policy and regulation to address water resource impacts from extractive industries, including more recently CSG and large coal mine operations. Further work is still required to ensure mining and petroleum‑related activities impacting water are fully aligned with NWI‑consistent planning and management regimes. Both in Queensland (petroleum and gas) and the Northern Territory (mining and petroleum), water used in operations remains outside of their respective water planning and entitlements frameworks. National Water Commission 169 In parallel to the establishment of the Independent Expert Scientific Committee, the Commonwealth funded the National Partnership Agreement (NPA) on Coal Seam Gas and Large Coal Mining Development with signatory states New South Wales, Queensland, Victoria and South Australia. The NPA’s objective is to strengthen regulation of CSG and large coal mining development and ensure future decisions are informed by substantially improved science and independent expert advice. The Commonwealth Department of the Environment’s Office of Water Science has developed a bioregional assessment program. The program is undertaking scientific analysis of the ecology, hydrology and geology to assess the potential risks to water resources as a result of the direct and indirect impacts of CSG development or large coal mining development. In May 2013, the Standing Council on Energy and Resources released the National Harmonised Regulatory Framework for Natural Gas from Coal Seams outlining leading practice principles and providing guidance to regulators of the CSG industry. Opportunities for more effective and efficient water use still remain where governments can develop NWI‑consistent planning and entitlement arrangements for extractive industries. These arrangements should take into account water quality with respect to purpose of use, and beneficial use of excess or co‑produced water. 2011 assessment – recommendation 9 It would be prudent at this stage to analyse the nature and materiality of potential changes to water use as a result of climate change adaptation and mitigation initiatives. Water management policies may need to be elaborated to operate more effectively in the context of these new initiatives. Summary of progress since 2011 The NWI Policy Guidelines for Water Planning and Management (the Guidelines) were developed to support NWI‑consistent water planning and management arrangements. The Guidelines include some principles and considerations to take account of climate change in water planning. A Climate Change and Extreme Events module has been proposed to expand and support the Guidelines and provide further guidance on climate change and extreme events as they relate to water planning. The Planning Sub‑group of WTOG began drafting this module in 2013. It is expected to be finalised for WTOG endorsement in 2014. Western Australia released a position paper for public comment in September 2013 outlining an updated legislative framework to manage the state’s water resources. Changed climate patterns and reduced rainfall are key drivers behind development of the proposed reform framework. The position paper identifies that flexible and adaptive mechanisms are needed to better address climate change and variability, and improve security for users and the environment (DoW 2013a). Possible mechanisms for managing variability include the use of variable water entitlements and annual allocation announcements, coupled with the introduction of statutory allocation plans and water access entitlements. The Western Australian Department of Water provides a standard range of climate projections to inform water planning and is developing a guideline on the application of climate projections for the state’s south‑west (DoW 2013b). In October 2013 the Northern Territory Government announced that the data used to model water availability for the Mataranka Water Allocation Plan had been reconsidered. Instead of using the 170 Australia’s water blueprint: national reform assessment 2014 past 100 years of historical data, run‑off and recharge data from the past 30 years (which have been wetter than the longer‑term average) has been used to estimate water availability over the 10‑year life of the plan. This change was based on advice from the Bureau of Meteorology that the plan area’s future climate was most likely to be similar to recent climatic conditions. This increases the annual volume of water available for allocation from 19.5 GL to 36 GL. 2011 assessment – recommendation 10 Evidence-based decision-making and good stewardship of Australia’s water assets rely on robust science and socio-economic information. The Commission reiterates its call for a national water science strategy, backed by sufficient investment to deliver the required capacity. To support improved water management, the Commission also recommends that water service providers and governments state publicly their commitment to resource adequately and implement fully the National Water Skills Strategy. Summary of progress since 2011 In November 2008, COAG agreed to the development of a National Water Knowledge and Research Strategy to establish priority research areas, ensure coordinated research effort, and improve the returns from investment. The outcome of that process was the National Water Knowledge and Research Platform, which all NWI governments agreed to in September 2012 through the SCEW. SCEW had directed that implementation of the platform, within the resources available, be progressed under the guidance of the WTOG with the then Commonwealth Department of Sustainability, Environment, Water, Population and Communities as lead agency. Governance arrangements for this work are now uncertain following changes to COAG Council arrangements. The platform’s objective is for key decisions on water policy, management and use in Australia to be based on best‑available and continuously improving knowledge and information. The platform identifies national priority water knowledge and research needs for the next five years. It does not seek to describe governance models, funding options or budget for the supply of research services, rather it focuses on identifying priorities and establishing consistent approaches for obtaining and using research in priority areas. The platform identifies eight priority research themes: • environmental water • water quality • social, economic and institutional reforms • future water availability • irrigation water use efficiency • hydrology and hydrological modelling • urban water systems • groundwater. Focal groups, comprising representatives from each jurisdiction, will continue to monitor research and development relating to each research theme, consulting with relevant research and industry communities1. 1 Department of the Environment website, accessed 28 July 2014, http://www.environment.gov.au/topics/water/ water‑information/national‑water‑knowledge‑and‑research‑platform National Water Commission 171 The National Water Skills Strategy was released in 2009 to focus attention on skills shortages in the water industry. Three initiatives were funded, including: Initiative 1: up to $500,000 for a pilot program to trial development of training in water management skills for remote and Indigenous communities. To date, a series of capacity building workshops aimed at developing Indigenous community skills to develop drinking water management plans have been undertaken in north Queensland using the Community Water Planner template. In addition, community water management plans were implemented throughout the Northern Territory, Western Australia and South Australia. Initiative 2: up to $250,000 for the development of skills and training standards for operators of potable water treatment facilities. During 2014 a pilot of the National Certification Framework: Operators within Drinking Water Treatment Systems is being run in Queensland and New South Wales. The framework is being led and managed by industry. Initiative 3: funding on a 3‑for‑1 matching basis of up to $250,000 to support the H2Oz water industry marketing campaign (the water industry’s own initiative aimed at addressing the skills shortage); and funding of up to $100,000 to enable the Australian Water Association on behalf of the Water Industry Skills Taskforce to develop a business plan to implement the COAG National Water Skills Strategy2. At present the H2Oz water industry marketing campaign continues to focus mostly on the H2Oz website which promotes careers and jobs in the water sector. The Water Industry Skills Taskforce remains hosted by the Australian Water Association and continues to provide a forum to promote and oversee a nationally coordinated effort to address the skills shortage in the water sector. While there has been limited commitment from service providers or governments for the National Water Skills Strategy, industry groups have shown strong support. A lack of government funding for some of the strategy’s initiatives has hampered progress which presents a challenge to jurisdictions. 2011 assessment – Recommendation 11 Renewed political commitment will require a refreshing of the approach to national reform. The Commission proposes that each of Australia’s governments commits to a program of specific actions every three years, based on agreed national priorities and jurisdictional priorities underpinned by the NWI commitments, together with explicit levels of resourcing to implement the program. In the interests of accountability and transparency, the Commission calls on COAG to recommit to oversight of water reform progress by an independent assessment body. Summary of progress since 2011 Individual jurisdictions have progressed areas of reform, although no jurisdiction has publicly committed to a specific program of reform actions to be progressed into the future in accordance with this recommendation. Following the 2011 assessment, COAG endorsed the Next Steps in National Water Reform: Preparation for the future (a report by the Standing Council on Environment and Water), outlining the National Water Reform Work Plan 2013–2017 as the next stage in the Australian water reform agenda. 2 172 Department of the Environment website, accessed 08 May 2014, http://www.environment.gov.au/topics/water/ rural‑water/sustainable‑rural‑water‑use‑and‑infrastructure/non‑urban‑water‑metering Australia’s water blueprint: national reform assessment 2014 The report identified the water issues in which the greatest benefit from national progression is expected to be derived over the next 10 years, and lists specific actions for addressing these issues over the next five years. It also identifies the significant unfinished business from the NWI. In December 2013 COAG announced its decision to reduce the number of standing councils. The Standing Council on Environment and Water (SCEW) was disbanded and, consequently, the committee of senior water officials reporting to it – the WTOG. COAG commissioned an independent review of the Commission in 2011, as was required to inform a proposed sunset clause in the National Water Commission Act 2004 (Cwth). The COAG review afforded an opportunity to take stock of the need for continued national leadership and cross‑jurisdictional cooperation in water management, and the Commission’s roles and functions in the reform process. The review concluded: ‘the elements of the NWI still to be implemented are, by their nature, the more difficult ones and the role that can be played by a specialist and independent body like the Commission is likely to be even more important in the future’ (Rosalky, D 2012). This review underpinned the subsequent renewal of the Commission’s national water reform role with the Australian Government’s decision to ‘renew’ the Commission, leading to an amended National Water Commission Act effective from 1 July 2012, without a sunset clause. However, the Australian Government has recently decided to close the Commission at the end of 2014. Some functions will be transferred to other agencies. With the splitting of functions across agencies and the loss of some activities, there is a risk that independent oversight of water reform as a whole will be reduced, increasing the likelihood of backsliding on current progress and a retreat from public accountability. 2011 assessment – Recommendation 12 The Commission urges COAG to consider a new approach to incentives to encourage the delivery of nationally significant water reforms. Summary of progress since 2011 No new incentive arrangements have been put in place outside of the Murray–Darling Basin. Within the Murray–Darling Basin, the Intergovernmental Agreement on Implementing Water Reform in the Murray–Darling Basin (IGA) is an undertaking by the Australian Government and participating Basin state governments to build on existing achievements by implementing the next tranche of water reforms to further improve the health of the Basin and secure a future for its communities. The IGA’s objective is to ‘ensure that the Commonwealth led Murray–Darling Basin water reforms, including the Basin plan, are implemented in a cost‑effective manner to support the national interest of improving river and wetland health, putting water use on a sustainable footing, enhancing irrigation productivity, providing water for critical human needs, and providing farmers and communities with more confidence to plan for a future with less water’. Part 7 of the IGA commits the Australian Government to providing funding support to the Basin states via the National Partnership Agreement on Implementing Water Reform in the Murray–Darling Basin (NPA). National Water Commission 173 References DOW (Department of Water) 2013a, Securing Western Australia’s Water Future – Position paper– reforming water resource management, Government of Western Australia, Perth. DoW (Department of Water) 2013b, Triennial Assessment submission, Government of Western Australia, Perth. NRC 2013, Review of 2004 water sharing plans, NRC, Sydney. NWC (National Water Commission) 2011, Urban water in Australia: future directions, NWC, Canberra. NWC (National Water Commission) 2012, Position Statement: Indigenous access to water resources, 2012, accessed 20 May 2014, <http://www.nwc.gov.au/__data/assets/pdf_file/0009/22869/Indigenous‑Position‑State ment‑June‑2012.pdf>. NWC (National Water Commission) 2013, National Performance Report 2012–13 Urban water utilities, NWC, Canberra. NWC (National Water Commission) 2014, National Water Planning Report Card 2013, NWC, Canberra. Rosalky, D, 2012, COAG Review of the National Water Commission. 174 Australia’s water blueprint: national reform assessment 2014 Appendix C Progress against National Water Initiative actions 176 Australia’s water blueprint: national reform assessment 2014 Appendix C: Progress against National Water Initiative actions Australian Government NWI actions NWI paragraph Commentary 2014 Water access entitlements and planning framework Implementation of the framework: 26 • substantial completion of plans to address any existing overallocation for all river systems and groundwater resources in accordance with commitments under the 1994 COAG Water Reform Framework 26 – At the commencement of the National Water Initiative (NWI), the Commonwealth had no National Competition Council (NCC) commitments in relation to addressing overallocation through water plans under the 1994 Council of Australian Governments (COAG) Water Reform Framework. The Commonwealth, through the Murray–Darling Basin Authority (MDBA), has developed the Murray–Darling Basin Plan (the Basin plan), finalised in 2012. The Basin plan sets Sustainable Diversion Limits (SDLs) for each jurisdiction on both ground and surface water sources. The SDLs are implemented through jurisdictional water planning. The Basin plan requires SDLs to be in effect by 1 July 2019 and jurisdictions are in the process of managing their water planning to move towards these limits. • legislative and administrative regimes amended to incorporate the elements of the entitlements and allocation framework in this agreement. Water access entitlements to be 28–34 28–33 – Noted as a state and territory only action in the NWI. defined and implemented. COAG endorsed the Next Steps in National Water Reform: Preparation for the future (a report by the Standing Council on Environment and Water), outlining the National Water Reform Work Plan 2013–2017. Action 2 in this work plan commits governments to exploring the costs and benefits of improving certainty and security of access to sources of water where rights are not explicitly defined within the existing water access and entitlement framework by 2015. 34 – Amendments to the Environment Protection and Biodiversity Conservation Act 1999 (Cwth) in June 2013 known as the ‘water trigger’ currently empower the Commonwealth to assess coal seam gas (CSG) and large coal mining developments that have, or are likely to have, a significant impact NWI actions NWI paragraph Commentary 2014 on a water resource and decide whether or not to approve and impose conditions of approvals for these developments. Recent proposed amendments to the Act would enable each state and territory to undertake this assessment and approval process under ‘one‑stop‑shop’ bilateral agreements and Commonwealth accreditation processes forthcoming closure of the Commission, it is unclear at the time of writing what arrangements will be put in place regarding future audits. Water to meet environmental and other public benefit outcomes identified in water plans to be defined, provided and managed. 35 35 – The Basin plan includes an environmental watering plan (EWP) which provides a framework for planning and coordinating environmental water management, including environmental objectives for water‑dependent ecosystems, targets for measuring progress towards achieving the objectives, and principles to be applied in environmental watering. It does not stipulate when and where specific sites should be watered. The EWP also requires the development of: • a Murray–Darling Basin environmental watering strategy by the MDBA (to be completed by November 2014) • long‑term watering plans for each water resource plan area by Murray–Darling Basin states • annual environmental watering priorities by Murray–Darling Basin states (provided to the MDBA by 31 May each year) • Murray–Darling Basin annual environmental watering priorities by the MDBA (to be published by 30 June each year). The principles to be applied in environmental watering require environmental watering in the Basin to be undertaken consistent with the objectives and having regard to the Basin’s annual environmental watering priorities. National Water Commission National Water Commission The Commonwealth Environmental Water Holder (CEWH) has responsibility under the Water Act 2007 (Cwth) to manage its water to meet environmental outcomes. The CEWH’s functions are to be performed for the purpose of protecting or restoring the environmental assets of the Murray–Darling Basin, and other areas outside the Basin where the Commonwealth holds water. The CEWH must manage the holdings in accordance with relevant EWPs, the Water Minister’s operating rules and the environmental watering schedules to which the CEWH is party. 177 177 178 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 One of the CEWH’s functions is to work in partnership with water operators in the Basin jurisdictions. The CEWH must perform its functions and exercise its powers consistent with and in a manner that gives effect to the Basin plan, and must manage the water holdings in accordance with the Basin plan’s EWP. The MDBA must also consult with the CEWH and other environmental water managers in implementing its responsibilities under the EWP. The Basin plan requires jurisdictional water resource plans to identify planned environmental water and associated rules and arrangements relating to that water, to establish and maintain a register of held environment water, and to implement management arrangements for these consistent with the Basin plan. Water plans to be prepared along the lines of the characteristics and components at Schedule E based on the following priorities: • plans for systems that are overallocated, fully allocated or approaching full allocation • plans for systems that are not yet approaching full allocation 39–40 39 – The Water Act 2007 (Cwth) requires the Minister and the MDBA to have regard to the NWI when preparing and making the Basin plan. Chapter 10 of the Basin plan sets out requirements that must be met by states when preparing water resource plans that achieve the SDLs. These requirements are largely consistent with the NWI. Water resource plans accredited by the Commonwealth Minister for Water must be in place by 1 July 2019. 40 – The MDBA coordinates the monitoring and reporting of the Basin’s condition, using the Basin Plan Monitoring and Evaluation Program’s framework and principles. The program includes provisions for: • compliance audits • review of the water quality and salinity targets and the EWP • periodically assessing the condition of the Murray–Darling Basin to inform changes to the Basin plan. Under the Water Act 2007 (Cwth), the Commission is required to undertake audits of the effectiveness of the implementation of the Basin Plan. An initial report was provided in March 2013. With the forthcoming closure of the Commission, it is unclear at the time of writing what arrangements will be put in place regarding future audits NWI actions NWI paragraph Commentary 2014 Substantially complete addressing overallocation as per NCC commitments. 41, 43–45 41 – See NWI paragraph 26 for detail on progress. Substantial progress towards adjusting all overallocated and/or overused systems. 43–45 – The Australian Government has established a number of cross‑jurisdictional initiatives to assist with the management of highly developed water systems. The initiatives have been led or coordinated by the Australian Government, are state or territory government initiatives supported by Commonwealth funding, or co‑funded programs implemented by jurisdictions. The Living Murray (TLM) initiative was established in 2004 between the Australian Government and the partner governments of New South Wales, Victoria, South Australia and Australian Capital Territory to restore the health of the River Murray system by recovering an annual average of up to 500 GL and constructing major water management structures at six icon sites. On behalf of relevant MDB jurisdictions, the MDBA manages the portfolio of environmental water that has been secured by TLM river restoration program. To date a long‑term average of 479 GL has been recovered for TLM portfolio and the program is due to be completed in 2014. While the Commonwealth’s water recovery program has focused mainly on the Murray–Darling Basin, other projects are being undertaken including the Great Artesian Basin Sustainability Initiative (GABSI), a 15‑year program funded by jurisdictions, Commonwealth contributions matching those of the jurisdictions, and eligible landholders. The GABSI involves the capping and piping of bores for the purpose of stopping, and where necessary reversing, the decline in groundwater pressure resulting from uncontrolled water extractions. It is due for completion by 2014. The Commonwealth also contributed part funding for development of the Gnangara groundwater areas allocation plan in Western Australia, and provided $140 million towards efficient irrigation infrastructure in Tasmania. National Water Commission 179 180 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Risk assignment framework to be implemented immediately for all changes in allocation not provided for in overallocation pathways in water plans. 46–51 46–51 – Schedule 3A of the Water Act 2007 (Cwth) sets out the Commonwealth’s risk‑assignment Water plans to address Indigenous water issues. framework in line with paragraphs 48–51 of the NWI. The Basin plan sets out the allocation of risks for reductions in the availability of water for consumptive use arising from Basin Plan implementation. This includes specifying the Commonwealth’s share of the risks of any reductions to the consumptive pool arising from changes in government policy and new knowledge (where the Basin state or territory has applied the risk‑sharing arrangements in accordance with the NWI). One hundred per cent of the reduction 52–54 to water that may be taken for consumptive use is assigned to changes in Australian Government policy. 52–54 – The Water Act 2007 (Cwth) requires the Minister and the MDBA to have regard to social, cultural, Indigenous and other public benefit issues when developing the Basin plan. The MDBA has established two independent organisations, the Murray Lower Darling River Indigenous Nations (MLDRIN) and the Northern Basin Aboriginal Nations (NBAN), to advise on Indigenous issues in the MDB. The Basin plan requires jurisdictional water resource plans to identify objectives in consultation with relevant Indigenous organisations. Plans must also be prepared having regard to the views of Indigenous people on cultural flows. Water resource plans must consider native title rights and claims, Indigenous Land Use Agreements, Indigenous heritage, and risks to the protection of Indigenous values and uses arising from the use and management of water. Indigenous representation in the preparation and implementation of the plan is required. In assessing a water resource plan for accreditation the MDBA will consult with MLDRIN and NBAN. The National Cultural Flows Research Project, funded by the Australian Government, is developing an evidence base to help secure a future where Indigenous water allocations are embedded in Australia’s water planning and management framework. The project is managed by the National Native Title Council and due for completion in 2016. It will define Indigenous cultural values and water needs and measure the cultural, social and ecological benefits of watering trials. Governments have agreed through a COAG committee to develop a new module for the NWI Policy Guidelines for Water Planning and Management 2010 to assist water planners improve engagement of Indigenous people in water planning and management. This module is intended to be provided for approval in late 2014. NWI actions Implementation of measures to address water interception by land use change activities on a priority basis in accordance with water plans. NWI paragraph Commentary 2014 55–57 55–57 – The Water Act 2007 (Cwth) requires the MDBA to have regard to interception activities when developing the Basin plan. The Basin plan requires water resource plans to manage interception and details how interception is to be included in water resource plans, which are to be developed and implemented by 2019. The Commission engaged Barma Water Resources to conduct a synthesis and analysis of methods for quantifying the impacts of interception activities in Australia. The report, Synthesis and analysis of methods for quantifying the impact of interception activities in Australia (2013), investigated the various quantification models and methods, their accuracy, resourcing requirements and impediments to using them. The MDBA undertook a project on the technical robustness and accuracy of methods used to estimate interception take and how they could be improved. Interception estimates were calculated and used to establish Basin plan SDLs. Water markets and trading Adoption of publicly accessible, compatible systems for registering water access entitlements and trades consistent with Schedule F: • • pathways leading to full implementation full implementation. 59 59 – The Commonwealth, together with the state and territory governments, worked on the development of a National Water Market System (NWMS). The project was coordinated by the Commonwealth Department of the Environment and overseen by a project group involving jurisdictional representatives and the Bureau of Meteorology (BoM). The Commission was an observer. The objective of the NWMS was to strengthen Australia’s water market through the development and implementation of a common registry system for all states except Victoria, where complementing enhancements were proposed to be made to its register. The project was funded by the Commonwealth and had three elements: National Water Commission • development of the NWMS • development of high‑performance state and territory water registers (Common Registry Solution (CRS)) • data transfer between water registers (interoperability). The project began in 2009 with an intended delivery date of 2012, however it experienced delays and was not completed. A CRS design was finalised but not assessed or built. The project has now been cancelled, and it is unclear how the completed or partially completed components will be 181 182 Australia’s water blueprint: national reform assessment 2014 used. NWI actions Establish compatible institutional and regulatory arrangements that facilitate trade, consistent with principles in Schedule G: • remove institutional barriers to trade • remove barriers to temporary trade • remove barriers to permanent trade • no imposition of new barriers to trade NWI paragraph 60 Commentary 2014 60 – The Commonwealth is working in collaboration with jurisdictions to remove remaining institutional barriers to trade. See comments against NWI paragraph 60 in other jurisdiction tables for details of individual jurisdiction progress. In accordance with the Water Act 2007 (Cwth), the Basin plan includes water trading rules. Before making these trading rules the MDBA was required to obtain and have regard to the advice of the Australian Competition and Consumer Commission (ACCC). The Basin plan water trading rules are not intended to duplicate or replace state or territory water trading rules, but rather to ensure consistent operation of the water markets through the Murray–Darling Basin. The water trading rules apply to individuals who buy and sell water and irrigation infrastructure operators within the Basin. The rules commenced on 1 July 2014 and will be enforced by the MDBA. See also NWI paragraph 59 for further information Relevant parties (Commonwealth, NSW, Victoria and SA) agree to: • take necessary steps to enable the use of exchange rates and/or tagging for interstate trade • reduce barriers to trade in southern Murray–Darling Basin • review actions to assess whether relevant parties have removed barriers • NWC monitor impacts of trade 63 63 – Under the 2013 Intergovernmental Agreement on Implementing Water Reform in the Murray– Darling Basin (signed initially by South Australia, Victoria and the Australian Capital Territory in 2013, and then by New South Wales and Queensland in February 2014), governments reaffirmed their continuing commitment to remove restrictions on trade in water in accordance with Basin plan requirements and clause 4(16) of Schedule 3 to the Water Act 2007 (Cwth), and committed to not introduce any measures that inhibited the Commonwealth’s ability to ‘bridge the gap’. The Commission has coordinated a number of reviews and evaluations of the effectiveness of the Australian water market. For example, 63 (vi) is specifically addressed by the Commission’s Impacts of trade reports, and 63 (vii) is considered to have been satisfied by the 2009 Biennial Assessment. The Commission published Water markets in Australia: a short history in December 2011, Understanding the Victorian decision to suspend intervalley water allocation trading 2010–11 in November 2011, Strengthening Australia’s water markets in June 2011 and Current issues influencing Australian water markets in 2013. NWI actions NWI paragraph Commentary 2014 Best practice water pricing and institutional arrangements Complete commitments under the 1994 COAG Water Reform Framework to bring into effect pricing policies for water storage and delivery in rural and urban systems. 65 65 – The NWI pricing principles were endorsed by the Natural Resource Management (NRMMC) on 23 April 2010. The 2008–11 COAG Work Program on Water included a commitment to review the pricing principles, which was reaffirmed in the National Water Reform Work Plan 2013–17. The Commonwealth is undertaking this review with input from jurisdictions. The review aims to assess the usefulness of the pricing principles in providing guidance to jurisdictions on implementing best‑practice water pricing arrangements for urban and rural water services, as set out in paragraphs 64 to 67 of the NWI. The review will consider whether the pricing principles meet the intent of the NWI best‑practice water pricing arrangements, taking into account changes since Metropolitan: • continued movement towards upper‑bound pricing • development of pricing policies for recycled water and stormwater • review and development of pricing policies for trade wastes • development of national guidelines for water accounts. the pricing principles were developed. It may make findings and recommendations on pricing issues that are currently outside the scope of NWI pricing principles, such as sewerage pricing and multiple customer tariff options for urban water services 66 – The 2010 NWI pricing principles address metropolitan and rural water pricing including the movement towards upper‑bound pricing, cost recovery for rural systems, and recycled water and stormwater. Within the MDB, the Australian Government has made the Water Charge (Infrastructure) Rules 2010, which came into effect on 12 January 2011. The rules were developed with wide public consultation and advice from the ACCC. National Guidelines for Residential Customers’ Water Accounts were endorsed at the 11th meeting of the NRMMC and released on 24 November 2006 by Australian Government, state and territory water ministers. National Water Commission 183 184 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Rural and regional: • Commentary 2014 The ACCC has regulatory responsibility for the rules and provides guidance material to assist infrastructure operators, irrigators and Basin state governments and agencies to understand and comply with the rules. full cost recovery for all rural surface and groundwater‑ based systems • achievement of lower‑bound pricing for all rural systems in line with existing NCC commitments • continued movement towards upper‑bound pricing for all rural systems, where practicable • where full cost recovery is unlikely to be achieved in the long term and a Community Service Obligation (CSO) is deemed necessary, the size of the subsidy is to be reported publicly and, where practicable, jurisdictions to consider alternative management arrangements aimed at removing the need for an ongoing CSO. Consistent approaches to pricing and attributing costs of water planning and management. Public reporting of cost recovery for water planning and management. 67-68 67 – The 2010 NWI pricing principles set out the commitment to recover water management and planning charges on a cost‑effectiveness and transparent basis. The pricing principles are currently under review. 68 – The Water Charge (Planning and Management Information) Rules 2010, made under the Water Act 2007 (Cwth), seek to improve the availability of information about water planning and water management activities funded by government and apply in the Murray–Darling Basin. Government entities responsible for determining water planning and management charges have published information on the charges since July 2011. Information about the arrangements outside the Basin in regard to water charge rules was not provided. NWI actions NWI paragraph Commentary 2014 Investment in new or refurbished water infrastructure to continue to be assessed as economically and ecologically sustainable before being approved. 69 69 – The Commonwealth has developed and published frameworks and criteria for the assessment of funding applications to various infrastructure programs. The Sustainable Rural Water Use and Infrastructure Program (SRWUIP) invests in rural water use, management and efficiency projects. Project proposals are assessed in accordance with Schedule E of the 2008 Intergovernmental Agreement on Murray–Darling Basin Reform and a National Irrigation Efficiency Stakeholder Reference Panel has been appointed to provide a consultation forum on investments. Program guidelines require cost‑effectiveness, value for money, economic, environmental, and technical and other criteria to be satisfied. Business cases for large programs funded through SRWUIP are assessed against criteria that include economic and ecological sustainability. Other programs funded through SRWUIP, such as the On‑Farm Irrigation Efficiency Program, are assessed on a competitive grants model basis against merit criteria outlined in the program guidelines to ensure the best applications are selected for funding. Release of unallocated water 70-72 70–72 – COAG has endorsed the Next Steps in National Water Reform: Preparation for the future (a report by the Standing Council on Environment and Water), outlining the National Water Reform Work Plan 2013–2017 as the next stage in the Australian water reform agenda. Action 6 in this work plan commits all jurisdictions to developing a national framework for guiding decisions on water resource development proposals by 2017. National Water Commission 185 186 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Environmental externalities: 73 73 – In 2011 the Australian Government stated it had commissioned studies into market mechanisms to address environmental externalities. The outcomes of this study were not provided. • • manage environmental externalities through a range of regulatory measures (such as through setting extraction limits in water management plans and by specifying the conditions for the use of water in water use licences) The management of environmental externalities in the Murray–Darling Basin is being addressed through the Basin plan. examine the feasibility of using market‑based mechanisms such as pricing to account for positive and negative environmental externalities associated with water use • implement pricing that includes externalities where found to be feasible Benchmarking efficient performance: • independent, public, annual reporting of performance benchmarking for all metropolitan, non‑metropolitan and rural • water delivery agencies develop nationally consistent report framework. 75-76 75 – The Commission undertakes annual National Performance Reports for all urban and rural water service providers over a particular size across Australia. At the time of writing the future of reporting is uncertain. 76 – The National Performance Reports provide a nationally consistent framework for the public reporting of performance benchmarking for water service providers. NWI actions NWI paragraph Independent pricing regulator: 77 • independent pricing bodies to set and review prices or pricing processes for water storage and delivery and publicly report Commentary 2014 77 – Under the Water Act 2007 (Cwth) and the Competition and Consumer Act 2010 (Cwth) (the CC Act), the ACCC has six independent functions in relation to water: • enforce water market rules and water charge rules under the Water Act 2007 (Cwth) • enforce the CC Act with water brokers, exchanges and irrigation infrastructure operators • monitor and report on regulated charges and compliance with water market and water charge rules • determine regulated charges • provide advice to the Commonwealth Minister responsible for water on the development of water market rules and water charge rules • advise the MDBA on the development of water trading rules. At present the ACCC independently determines the regulated charges imposed within the Murray– Darling Basin by the State Water Corporation of NSW. The ACCC has also accredited the Essential Services Commission of Victoria to determine the regulated charges of infrastructure operators in Victoria. Under the Water Act 2007 (Cwth), the ACCC’s role does not relate to urban water supplies, or water resources outside the Basin. Integrated management of environmental water National Water Commission Recognising the different types of surface water and groundwater systems: • effective and efficient management and institutional arrangements • to ensure the achievement of environmental outcomes; and 79 79 (i) a) – See NWI paragraph 35 for further detail. 79 (i) b) – The Commonwealth, in conjunction with relevant jurisdictions, has established institutional and management arrangements to ensure the achievement of environmental and other public benefit outcomes for shared resources, including the: • Intergovernmental Agreement on Murray–Darling Basin Reform 2008 • Intergovernmental Agreement on Implementing Water Reform in the Murray–Darling Basin 2013 • Murray–Darling Basin Agreement 2008 • Lake Eyre Basin Intergovernmental Agreement Act 2001 • Great Artesian Basin Sustainability Initiative • NWI 2004. 187 188 Australia’s water blueprint: national reform assessment 2014 NWI actions • where it is necessary to recover water to achieve environmental outcomes, to adopt the principles for determining the most effective and efficient mix of water recovery measures. NWI paragraph Commentary 2014 The Murray–Darling Basin Plan Implementation Agreement (2013) made between the MDBA, Basin state governments and the CEWH (under section 1.12 of the Basin plan) establishes the Basin Plan Implementation Committee, an inter‑jurisdictional high‑level forum to monitor, review and make decisions relevant to implementing the plan. Several subsidiary working groups have been established including water resource planning and environmental water. The Environmental Water Holders and River Operators Forum, jointly hosted by the MDBA and the Commonwealth Environmental Water Office (CEWO), is held at the start of each water year to support operational coordination of environmental water delivery in the southern‑connected Murray–Darling Basin. The CEWO undertakes its annual planning in consultation and cooperation with the MDBA (as the delegate for TLM and the river operator for the River Murray), state government agencies, catchment environmental water advisory groups and landholders. The delivery of Commonwealth environmental water is coordinated with and undertaken (in the main) by state government agency delivery partners. CEWO staff also participate in environmental watering operational advisory groups as necessary. 79 (i) c) – The Basin plan requires water resource plans to be prepared having regard to the need for rules to ensure that environmental water requirements are not compromised; that is, baseflows where there is a significant connection between surface and groundwater resources. 79 (i) d) – The progress of water buybacks under the Commonwealth’s Restoring the Balance program is reported online, and outcomes from tenders are regularly updated. Information about total water recovery progress towards environmental water requirements in the Basin plan is also reported online. The Water Act 2007 (Cwth) requires that the Commonwealth Water Minister be given various reports each financial year on the management of Commonwealth environmental water including: • a report on the achievement of the objectives and priorities of the Water for the Environment Special Account (to enhance the environmental outcomes that can be achieved by the Basin plan by protecting and restoring environmental assets and protecting biodiversity dependent on the Basin water resources) • a report on the CEWH’s operations during that year, which must include, among other matters, achievements against the objectives of the environmental watering plan. NWI actions NWI paragraph Commentary 2014 The Basin plan requires the CEWH to provide the MDBA with a report by 31 October each year (beginning in 2014) on the previous water year, which includes the identification of environmental water and the monitoring of its use, the implementation of the environmental management framework and a statement of reasons why any environmental watering has been undertaken that is not in accordance with the Basin annual environmental watering priorities. Every five years, the CEWH must also report to the MDBA on the achievement of environmental outcomes at a Basin scale, by reference to the targets in Schedule 7 of the Basin plan. The first report is due by October 2017. To support these reporting requirements, the CEWH is establishing a long‑term monitoring program to monitor the response to Commonwealth environmental water at a number of locations across the Basin between 2014–15 and 2018–19. Information published on the CEWO website includes: • volumes of Commonwealth environmental water in each catchment (including both entitlement quantities, reliability and security and annual allocations and carryover) • annual water use options plans • decisions to use environmental water • all monitoring reports • the Commonwealth environmental water annual report and outcomes report 79 (i) e) – The Water Act 2007 (Cwth) provides for the CEWO to trade allocations or entitlements under certain conditions. It provides for the CEWH to enter into contracts or other arrangements in relation to the taking or use of water under rights or interests that form part of the holding. National Water Commission 79 (i) f) – The Australian Government has committed $200 million through the Water for the Environment Special Account to remove priority constraints that currently limit the volume of environmental water that can be efficiently conveyed through rivers. The CEWH is also working with relevant jurisdictions to investigate the opportunities to establish water shepherding and return flow arrangements to support the efficient and effective use of environmental water. 189 190 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 79 (ii) – Water recovery options to ‘bridge the gap’ to the SDLs in the Basin plan have considered all available options, including investment in more efficient infrastructure, the purchase of water on the markets and improved management of practices such as measurement through the non‑urban water metering framework. See also comments against NWI paragraph 97 Water resource accounting Benchmarking of accounting systems 81 188 Consolidated water 82-83 accounts: • develop and implement robust water accounting • identify situations where close interaction between surface and groundwater exist to integrate the accounting of groundwater and surface water use. Environmental water 85 accounting: • develop an environmental water register and annual reporting arrangements • apply the environmental water register and annual reporting arrangements. 81 – The Water Act 2007 (Cwth) assigns BoM the role of compiling and maintaining water accounts for Australia, including a set of water accounts to be known as the National Water Account. The Director of Meteorology is required to publish this National Water Account annually in a form readily accessible by the public. Four accounts have been published: in 2010 and 2011 for the Murray–Darling Basin, Adelaide, Canberra, Melbourne, Ord, Perth, South East Queensland and Sydney, with the addition of Daly for the 2012 and 2013 accounts. The Australian Bureau of Statistics (ABS) produces the Water Account Australia, which uses different collection methods and reports by jurisdiction. 82 – The Commonwealth through the BoM Water Accounting Standards Board worked with other NWI parties to develop the Australian Water Accounting Standard 1 (ED‑AWAS 1): Preparation and Presentation of General Purpose Water Accounting Reports, which has been used to produce the BoM’s National Water Accounts to date. The Australian Water Accounting Standard 2: Assurance Engagements on General Purpose Water Accounting Reports was released in 2014. 83 – The Basin plan requires water resource plans to be prepared having regard to the management and use of any water resources which have a significant hydrological connection to those within the plan area. The plan must also set out a method for determining annual permitted take that accounts for significant hydrological connections. 85 (i) – Development of standards for environmental water accounting began in 2011 through the national water accounting activities under the direction of the BoM and the Water Accounting Standards Board (see NWI paragraph 81 above). The standards are still under development and no national standard for the reporting of environmental water is in place. The Commission released the Australian environmental water management: 2012 review that provides an update on the 2010 overview of environmental watering arrangements around Australia. NWI actions NWI paragraph Commentary 2014 The Water Act 2007 (Cwth) requires the MDBA to annually identify and account for all held environmental water. 85 (ii) – The CEWH has developed an internal Environmental Watering Management System to manage its portfolio of water assets. The accounting and management system includes information on the present register of holdings and water trades and tracks environmental watering actions. The system will be used to record watering decisions and link to and report on watering at icon sites. See also NWI paragraph 79 (i) d) for further information. Implement information measures 86 National Water Commission Metering and measuring actions: • develop metering and measuring actions • implement metering and measuring actions. 87-88 National guidelines on water reporting: • develop and apply national guidelines on water reporting covering the application, scale, detail and frequency for open reporting. 89 86 – BOM has a role to develop standards for and collect, store, manage, interpret and report information under s.120 (a) of the Water Act 2007 (Cwth). The Water Information Standards Business Forum is a national committee chaired by BoM to coordinate and foster development of water information standards and guidelines in Australia. Its membership comprises more than 25 industry organisations. BOM is working through the forum to develop National Industry Guidelines for water quality metadata, groundwater monitoring and water data quality. Information on the status of these guidelines was not provided. 87–88 – COAG agreed to a National Framework for Non-Urban Water Metering in December 2009, with a 10‑year implementation period. Commonwealth progress to date has included the development of new metering standards (ATS 4747), funding the accreditation and upgrading of two meter test facilities and the development of a national implementation plan. 89 – The Commonwealth through the BOM Water Accounting Standards Board worked with other NWI parties to develop the ED‑AWAS 1: Preparation and Presentation of General Purpose Water Accounting Reports, which was used to produce the BOM’s National Water Accounts to date. The development of AWAS 2 is now underway. The Water Act 2007 (Cwth) establishes a range of obligations relating to the Basin plan’s provisions and water resource plans (Part 2) and provision of information to the MDBA. The Commission produced the Australian Water Markets Report covering a summary of trading activity and an overview of water markets across Australia. See also NWI paragraphs 81 and 85. 191 192 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 91 91 (i) – The Water Efficiency Labelling and Standards (WELS) scheme is a joint initiative of the Commonwealth, state, and territory governments. The Commonwealth provides the legal framework for the scheme and the states and territories have enacted complementary legislation. Urban water reform Implementation of demand management measures, including: • implementation and compliance monitoring of WELS, including mandatory labelling and minimum standards for agreed appliances • develop and implement ‘Smart Approved WaterMark’ for garden activities • review effectiveness of temporary water restrictions and associated public education strategies, and consider extending low‑level restrictions to • standard practice implement management responses to water supply and discharge system losses including leakage, excess pressure, overflows and other maintenance needs An independent review of the scheme was conducted in 2010 which found it had saved more water than originally anticipated, but had issues including governance and the level and source of funding. Changes implemented following the review include more flexible registration arrangements and improved cost recovery. More than 21,000 products are currently registered in the scheme. 91 (ii) – The Smart Approved WaterMark is a not‑for‑profit organisation established by four associations: the Australian Water Association, Irrigation Australia, the Nursery and Garden Industry, Australia and the Water Services Association of Australia. It is overseen by a steering committee with representation from the Australian and state and territory governments, water utilities, the four governing associations, and the chair of the Technical Expert Panel (an independent panel which assesses applications to the scheme). The Commonwealth supported the scheme with a grant from the Water Smart Australia program administered by the Department of the Environment. The project provided a simple identification label which is applied to water efficient outdoor products to assist consumers to make informed choices. 91 (iii) – (iv) not relevant to the Commonwealth. NWI actions Encourage further innovation in urban water use including: • develop and apply national health and environmental guidelines for water sensitive urban designs for recycled water and stormwater • develop national guidelines for evaluating options for water sensitive urban developments in both new urban sub‑divisions and • • • high rises evaluate existing water sensitive urban icon developments review institutional and regulatory models for integrated urban water cycle planning and management and develop best‑practice guidelines review incentives to stimulate innovation. NWI paragraph Commentary 2014 92 92 – The 2009 national guide Evaluating Options for Water Sensitive Urban Design was developed jointly by the Australian and state and territory governments to support the evaluation of options for water sensitive urban developments. The CRC for Water Sensitive Cities works with more than 70 research, industry and government partners to find better ways to use and reuse Australia’s water resources. The CRC is developing tools and resources to improve urban planning and design and construction processes, as well as wastewater management. For an update on progress see <watersensitivecities.org.au>. The National Water Quality Management Strategy is supported by the Australian, state and territory governments and implemented through relevant legislation and policies. It includes a range of guiding documents to improve water quality and reduce pollution including drinking water, groundwater, fresh and marine water, recreation, primary industries and recycled water. Several guidelines were developed to guide the management of health and environmental risks associated with recycled water and stormwater. The concept of a national validation framework for water treatment technologies to reduce the regulatory burden on recycled scheme proponents has been investigated by the Australian Water Recycling Centre of Excellence, funded by the Australian Government. This has received in‑principle support from jurisdictions through the Water Quality Policy Sub‑Group. The centre is exploring arrangements to introduce a validation framework. The Commonwealth has provided funding of $680 million through the National Urban Water and Desalination Plan to urban water infrastructure and research, improving the security of water supplies in Australia’s larger cities. Project activities comprise stormwater harvesting and reuse, including managed aquifer recharge, water recycling and desalination. National Water Commission 193 194 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Community partnerships and adjustment Open and timely consultation with all relevant stakeholders in relation to: • pathways for returning overallocated systems to sustainable extraction levels, periodic review of water plans, and other significant decisions affecting the security of water access entitlements. 95 95 – Criticism of the MDBA’s consultation process for the Guide to the Basin Plan led to an increase in engagement during the Basin plan’s development. The MDBA consulted across jurisdictions and the community by way of community, roundtable and technical meetings with community leaders and key stakeholder groups. During the 20‑week consultation period on the proposed Basin plan, the MDBA held about 175 meetings with a broad range of stakeholders and received more than 11,000 submissions on the draft plan. The MDBA also travelled to 30 towns and Aboriginal communities across the Basin to talk with Aboriginal people about the proposed plan and record their submissions. Since November 2012 when the Basin plan was made, the MDBA has held more than 100 community meetings throughout the Murray–Darling Basin to provide an overview of the plan and its implementation, as well as targeted meetings of a more technical nature. In developing the Constraints Management Strategy (CMS) through 2013, the MDBA undertook extensive consultation with jurisdictions and communities. Community consultation concentrated on areas identified as key focus areas (geographic locations adjacent to key constraints). This included nine meetings with communities specifically addressing the CMS, and a further six meetings to provide updates on Basin plan implementation. The MDBA released a draft CMS for public comment in October 2013 to seek further input from stakeholders on addressing the types of constraints to the delivery of environmental water worthy of examination in the coming years. The CMS was finalised in November 2013. The Basin plan’s environmental watering plan sets out consultation requirements for the development of the Basin‑wide environmental watering strategy, long‑term watering plans for each water resource and annual environmental watering priorities, which include environmental water holders and managers, river operators, local communities, and persons materially affected by the management of environmental water. NWI actions Provision of accurate and timely information to all relevant stakeholders in relation to the progress of water plan implementation and other issues relevant to the security of water access entitlements. NWI paragraph Commentary 2014 96 96 – Information about total water recovery progress towards environmental water requirements in the Basin plan is reported on the Department of the Environment’s website. MDBA reporting includes: • the Basin Salinity Management Strategy annual implementation reports to the Murray–Darling Basin Ministerial Council • the River Murray Water Quality Monitoring Program, which measures water quality in the Murray and its tributaries, establishing baseline and series data so that environmental outcomes can be measured, monitored and reported • TLM environmental monitoring program, which provides information on the responses to environmental watering and the environmental condition of the icon sites and River Murray system (see the MDBA’s Knowledge and Information Directory for access). Under the Water Act 2007 (Cwth), BoM is responsible for producing regular reports on the status of Australia’s water resources and how they are used. See NWI paragraphs 81, 86 and 89 for further information on BoM’s role. National Water Commission Address significant adjustment issues affecting water access entitlement holders and communities that may arise from reductions in water availability as a result of implementing the NWI. 97 In June 2014 the Department of the Environment released the Water Recovery Strategy for the Murray–Darling Basin, following public consultation on a draft strategy released in November 2012. The strategy outlines the Australian Government’s progress and proposed approach for future environmental water recovery in the Basin. 97 – The Basin plan requires that recovery of additional water under the SDL adjustment mechanism must avoid detrimental impacts to communities. The Australian Government has committed to ‘bridge the gap’ to the new SDLs in the Basin plan. Both water purchasing and infrastructure investment are being used to this end, including the Commonwealth’s $3.1 billion Restoring the Balance program. The Australian Government is working with Basin jurisdictions on a package of constraint, supply and efficiency measures for ministers to consider by mid‑2016. The SDL adjustment mechanism allows the Basin plan recovery target to be reduced by up to 650 GL without diminishing environmental outcomes in ways that entail a neutral or beneficial socio‑economic impact (such as environmental works and measures) 195 196 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 The Commonwealth has committed $5.8 billion to the Sustainable Rural Water Use and Infrastructure Program, which is investing in rural water use, management and farm irrigation efficiency. At least 600 GL per year on average over the long‑term is expected to contribute to ‘bridging the gap’, with $3.2 billion provided for state priority projects. See also responses to this NWI paragraph for other jurisdictions for further Commonwealth funded adjustment programs. Knowledge and capacity building Science priorities and research: • identify the key science priorities to support implementation of the NWI and where this work is being undertaken • implement any necessary measures to ensure the research effort is well coordinated and publicised, and any gaps are addressed. 101 101 – In November 2008, COAG agreed to the development of a National Water Knowledge and Research Platform to establish priority research themes and ensure a coordinated research effort. The COAG National Water Knowledge and Research Strategy was released in 2012. The high‑level objective of the platform is to develop a targeted water research and knowledge platform so that key decisions on water policy, management and use in Australia can be based on best‑available and continuously improving knowledge and information. Focal groups, comprised of representatives from each jurisdiction, are working to implement the platform’s research themes. The Raising National Water Standards (RNWS) program was a $250 million Australian Government initiative that supported projects to advance NWI reforms by improving water management, capacity, knowledge, skills and innovation. The program supported 178 projects over the period June 2006 to June 2012. Administered by the Commission, program funds were directed at activities across three strategic investment areas: • advancing implementation of the NWI • improving integrated water management across Australia • improving knowledge and understanding of our water resources. An independent evaluation noted that the substantial pool of technical knowledge and information created from projects will serve future research and development, water planning and management well. NWI actions NWI paragraph Commentary 2014 The National Atlas of Groundwater Dependent Ecosystems was one project funded through the RNWS program. The atlas presents the current knowledge of groundwater‑dependent ecosystems across Australia and displays ecological and hydrogeological information on known groundwater‑dependent ecosystems and ecosystems that potentially use groundwater. The atlas is a tool to assist the consideration of ecosystem groundwater requirements in natural resource management, including water planning and environmental impact assessment. Subject to licensing arrangements, data and analysis produced through these programs will be made publicly available through an information portal. The CEWH has produced a long‑term framework for the prioritisation of environmental water allocations. The framework includes ecological objectives that will change under different water availability scenarios (extreme dry, dry, moderate, wet, very wet). The CEWH has also developed broad criteria on the ecological outcomes sought from proposed watering actions and criteria to assess the ecological significance of assets to be the subject of potential watering actions. The National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development (NPA) was established in 2012 between the Australian, Queensland, New South Wales and Victorian governments. The objective of the NPA is to strengthen the regulation of coal seam gas (CSG) and large coal mining development by ensuring that future decisions are informed by substantially improved science and independent expert scientific advice. The Commonwealth is strengthening the science underpinning regulatory decisions on the water‑related impacts of CSG and large coal mining development through the Independent Expert Scientific Committee on Coal Seam Gas and Large Mining Development (established in 2012) which provides advice to Commonwealth and state regulators, and by funding bioregional assessments and other research. National Water Commission Bioregional assessments will be undertaken in up to 15 subregions within New South Wales, Queensland, South Australia and Victoria. Four subregions have been selected as a time priority: Galilee, Gloucester, Namoi and Clarence‑Moreton. Bioregional assessments are science‑based studies that will develop detailed, multi‑layered records of the ecology, hydrology, geology and hydrogeology in a particular geographic region. They will provide baseline information and an assessment of the cumulative impacts of CSG and large coal mining developments on water‑related assets. 197 198 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Research projects will address key knowledge gaps in the consideration of water‑related impacts from CSG and coal mining. The priority areas of research are hydrology, ecology, chemicals and cumulative impacts. The research includes a project which is assessing the risks to human and environmental health from chemicals used in drilling and hydraulic fracturing in CSG extraction in Australia. New South Wales NWI actions NWI paragraph Commentary 2014 Water access entitlement and planning framework Implementation of the 26-27 framework: • substantial completion of plans to address any existing overallocation for all river systems and groundwater resources in accordance with commitments under the 1994 COAG Water Reform Framework • legislative and administrative regimes amended to incorporate the elements of the entitlements and allocation framework in this agreement. 26 – At the commencement of the NWI, New South Wales’s remaining commitments to address overallocated systems under the 1994 COAG Water Reform Framework included water sharing plans (WSPs) for 31 surface water systems and six for inland groundwater sources. New South Wales has completed all water plans identified under the COAG framework. Around 98 per cent of water extracted in New South Wales is now covered by WSPs. The 31 WSPs identified at the commencement of the NWI are due to expire in 2014. Independent reviews of the WSPs were conducted by the Natural Resources Commission (NRC) and New South Wales Office of Water (NOW), which provided their final reports to the New South Wales Minister for Primary Industries in mid‑2013. The Minister has determined that the 31 WSPs due to expire in 2014 must be replaced before July 2015. See NWI paragraph 39 for more detail. For unregulated areas or groundwater systems where there is less intensive use, New South Wales has been developing ‘macro’ WSPs. These plans are designed to cover most of the remaining water extracted in New South Wales. A number of the plans that cover single‑catchment unregulated river water sources and groundwater aquifers are being merged into the larger macro WSP for that area, as the first plans start to expire and are due for replacement/extension. 27 – New South Wales has implemented NWI‑consistent legislation. Water access entitlements to be defined and implemented. 28-34 28–33 – The Water Management Act 2000 (NSW) provides the statutory basis for NWI‑consistent National National Water Water Commission Commission water access entitlements in NSW. Water access entitlements are defined and implemented through WSPs. 34 – Section 60I of the Water Management Act 2000 (NSW) requires any activity, including mining and unconventional gas operations, in WSP areas to hold a licence for any water taken regardless of its quality unless an exemption applies. An exemption for less than 3 ML of water extracted yearly during the exploration phase is in the Water Management (General) Regulation 2011. The Water Act 1912 (NSW) applies to water sources outside of WSP areas and also requires operations to hold a water licence. 185 189 193 199 200 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 If unassigned water is provided for in a water plan, then an aquifer access licence may be acquired by auction, tender, or other means under section 65 of the Water Management Act 2000 (NSW). The Water Act 1912 (NSW) applies to water sources outside of water planning areas. Water to meet environmental and 35 other public benefit outcomes identified in water plans to be defined, provided and managed. 35 – As per the last assessment, licensed environmental water in NSW has the same level of security as water access licences for consumptive purposes. The New South Wales Department of Planning and Environment manages both environmental water allowances (established under WSPs) and New South Wales Environmental Water Holdings. The Department of Planning and Environment also delivers environmental water held by the Commonwealth Environmental Water Office and non‑government organisations. The Department of Planning and Environment activity is focused in five valleys where there are significant wetlands along with substantial environmental water allocations and New South Wales Environmental Water Holdings. NOW is responsible for managing access to water and ensuring water is shared between the environment, towns and cities, farmers and industry, and Aboriginal cultural and community development activities. Where licensed environmental water has been purchased from the consumptive pool, the security of supply remains the same as under the consumptive licence from which it was purchased. For rules‑based environmental water, the security may be higher than consumptive water depending on the rules in the individual WSPs. In the New South Wales portion of the Murray–Darling Basin, however, environmental water is less secure at times of extremely low water availability (as with the other Basin states). The 2008 Intergovernmental Agreement on Murray–Darling Basin Reform states that Critical Human Water Needs (CHWN) are the highest‑priority water use for communities dependent on the water of the Murray–Darling Basin. Hence during periods of ‘extremely low water availability’, where there is an extreme risk of not being able to supply water for CHWN in the next 12 months, Tier 3 water sharing is triggered and the Ministerial Council must intervene to ensure the supply of conveyance water and the delivery of CHWN. In these conditions, no priority would be given to environmental water. The Water Management Act 2000 (NSW) provides for planned and adaptive environmental water. Only adaptive environmental water, which is granted under a water allocation licence for specific environmental purposes, can be traded or converted to a consumptive use by the Minister. NWI actions Water plans to be prepared along the lines of the characteristics and components at Schedule E based on the following priorities: • plans for systems that are overallocated, fully allocated or approaching full allocation • plans for systems that are not yet approaching full allocation NWI paragraph Commentary 2014 39–40 39 – New South Wales has implemented a water planning process that is NWI consistent. New South Wales prioritises the development of WSPs to those water resources that are most intensely used and developed. The 31 WSPs identified at the commencement of the NWI are now nearing the end of their 10‑year term. The 10‑year assessment process is complete and audit reports on the implementation activities of the WSPs have recently been published by NOW (2004–09, 2009–12). The NRC also reviewed each plan in relation to its contribution to the natural resource management statewide standards and targets, and NOW evaluated each plan’s appropriateness, efficiency and effectiveness. The NRC and NOW delivered their reports to the Minister for Primary Industries in mid‑2013 and the reports are available online. The plans are to be replaced before July 2015. See NWI paragraph 26 for more detail. For coastal plans, changes will be made to ensure consistency with the current legislative framework and the inclusion of post‑2004 policy initiatives. Additional changes will also be considered. Changes to inland plans during this replacement will be limited, in anticipation of further changes required under the Basin plan by 2019. As part of plan replacement, changes will be made to ensure consistency with the current legislative framework and the inclusion of post‑2004 policy initiatives. In most cases, no change to the intent of the WSP rules is proposed. 40 (i) – The Water Management Act 2000 (NSW) provides for the monitoring and evaluation of WSPs via five‑yearly audits that focus on implementation, and a 10‑year review which considers the extent to which a WSP has contributed to the relevant state standards and targets, as well as the plan’s effectiveness, efficiency and appropriateness. National Water Commission 40 (ii) – Monitoring of water flow and level is undertaken regularly and used to update and improve the hydrological models that provide the basis for available water determinations under each plan. Data collection is based on an extensive network of surface water level and flow stations and groundwater monitoring bores, together with models for the regulated rivers and major aquifers. In comparison, knowledge of the hydrology and water extraction in unregulated systems is limited. NOW uses the macro WSP risk‑assessment approach in unregulated rivers as a tool for prioritisation of management actions and for the stratification of monitoring effort. 201 202 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 New and revised WSPs include provisions to change the plan rules should new information become available. In some of these WSPs there is explicit recognition of specific studies being undertaken, which may alter the WSP in the future (e.g. inland major alluvial groundwater systems). Funded through the Australian Government’s ‘Closing the Gap’ strategy, NSW has committed to the Aboriginal Water Initiative to support monitoring and evaluation of the commercial, cultural and environmental outcomes for Aboriginal people from water planning 40 (iii) – NOW has prepared Environmental flow response and socio-economic monitoring reports for water sharing areas in New South Wales. These contain updates on the monitoring and evaluation activities undertaken in the previous water year to assess the ecological and socio‑economic performance of WSPs. NOW prepares progress reports that summarise key implementation activities and water management under WSPs. Progress reports have been prepared for those plans that commenced in 2004, and for those covering the major inland alluvial groundwater sources. The reports are available on the NOW website with the last report published in 2011. The Department of Planning and Environment, as environmental water holder in New South Wales, provides annual reporting on environmental water management performance, including both planned and adaptive environmental water. All relevant New South Wales agencies report on performance of water management and planning activities in their annual reports. Substantially complete addressing overallocation as per NCC commitments. Substantial progress towards adjusting all overallocated and/or overused systems. 41, 43–45 41 – See actions against NWI paragraph 26 for detail on progress. 43–44 – Within high‑competition systems in the MDB major water recovery pathways have generally been facilitated by mechanisms outside of WSPs, for example New South Wales and Australian Government investment through the Water for the Future programs (including for off‑farm works, on‑farm irrigation efficiency and environmental works and measures), and through the RiverBank program (for voluntary entitlement purchases for environmental purposes). State priority projects have also been agreed in‑principle under the 2008 Intergovernmental Agreement on Murray–Darling Basin Reform, including the NSW Private Irrigation Infrastructure Operators Program (led by the Commonwealth). NWI actions NWI paragraph Commentary 2014 New South Wales signed the intergovernmental agreement regarding the Basin plan’s Sustainable Diversion Limits (SDLs) on 27 February 2014. SDLs are required to take effect by 1 July 2019, aiming to assist progress in adjusting overallocated and overused systems. The Australian Government has committed to ‘bridge the gap’ to the SDLs in the Basin plan to avoid affecting individuals’ water entitlements by the recovery of water for the environment. There are several high‑competition groundwater systems where overuse has been identified and progress has been made in establishing pathways that implement water recovery mechanisms through WSPs (e.g. Upper and Lower Namoi, Lower Macquarie, Lower Lachlan, Lower Murray, Lower Gwydir and Lower Murrumbidgee). These mechanisms include the reduction of entitlements over a 10‑year period supported by the $135 million joint NSW and Australian Government program, Achieving Sustainable Groundwater Entitlements, which offers financial assistance to eligible licence holders to help them adjust to the changes. The Hawkesbury-Nepean River Recovery project, jointly funded by the Australian and New South Wales governments, is a package of efficiency projects and Commonwealth water purchases to reduce entitlements and provide water to the environment. A range of urban water supply augmentation measures are included in the Sydney metropolitan water plan to ensure that water use does not exceed the identified sustainable extraction limits due to future urban growth. These measures include desalination, recycling, groundwater, transfers from the Shoalhaven, accessing of deep water in storages, stormwater harvesting and improved water efficiency. Adjustment issues for groundwater systems continue to be addressed in the development of groundwater WSPs via compensation payments to entitlement holders through the Achieving Sustainable Groundwater Entitlements program. National Water Commission 45 – All New South Wales systems previously recognised as overallocated are currently being managed through WSPs that include pathways to manage extraction within limits. See actions associated with NWI paragraph 97 for more detail. Risk assignment framework to be implemented immediately for all changes in allocation not provided for in overallocation pathways in water plans. 46–51 46–51 – For areas outside of the Murray–Darling Basin, New South Wales legislated for the NWI risk‑assignment framework to apply from 2014. For areas of New South Wales within the Murray–Darling Basin, the Commonwealth risk‑sharing framework will apply to WSPs that expire after the Basin plan takes effect. 203 204 NWI actions Australia’s water blueprint: national reform assessment 2014 Water plans to address Indigenous water issues. NWI paragraph Commentary 2014 52–54 52 (i) Indigenous representation on water advisory committees is mandatory under the Water Management Act 2000 (NSW). An Interagency Regional Panel is used to support development of macro WSPs. An Aboriginal Water Initiative (AWI) was established in June 2012 to improve Indigenous involvement in water planning and management within New South Wales. Its main objectives are to ensure ongoing and effective statewide and regional engagement with Indigenous communities in WSPs and to achieve and report on measurable Indigenous water outcomes for both environmental and commercial use. NOW uses the information provided by AWI staff to provide Indigenous information related to water management to the Interagency Regional Panel for consideration in the development of WSPs. 52 (ii) Two types of Indigenous Specific Purpose licences are available under the Water Management Act 2000 (NSW): cultural access licences for uses such as manufacturing traditional artefacts, hunting, fishing, gathering, recreation and ceremonial purposes and licences for drinking, food preparation, washing and watering domestic gardens. All WSPs in New South Wales allow Indigenous communities to apply for both types of licence. Community development licences are also available under WSPs to support commercial enterprises owned by Indigenous people in coastal unregulated water or groundwater areas. Cultural access licences, active for the life of the cultural purpose, are capped at 10 ML per year per application and cannot be traded. There are two cultural access licences in New South Wales. The Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources 2012 also allows supplementary (Aboriginal environmental) water access licences to be granted to Indigenous people or communities in the Barwon‑Darling unregulated river water source. These access licences allow Indigenous people and communities to extract water to fill lagoons and billabongs to improve or restore their cultural and environmental value. 53 – Under the Water Management Act 2000 (NSW) a native title holder is entitled, without the need for an access licence, water supply work approval or water use approval, to take and use water in the exercise of native title rights. Most water plans have no allocation for Indigenous people or native title. Two New South Wales WSPs have provided an entitlement for native title. Under these plans native title rights’ security is equal to or less than human domestic and pastoral stock use. NWI actions Implementation of measures to address water interception by land use change activities on a priority basis in accordance with water plans. NWI paragraph Commentary 2014 55–57 55–57 – The New South Wales water management planning process identifies priority interception activities. The priorities identified have largely been regulated through statewide policies. Stock and domestic bores require a water supply works approval under the Water Management Act 2000 (NSW) and use should conform to the Reasonable Use Guidelines for Stock and Domestic Water. Farm dams are a significant issue in peri‑urban areas. These are regulated by the Farm Dams Policy 1999 (NSW) under the Water Management Act 2000 (NSW). This restricts the volume of dam storage which can be developed to the property’s harvestable right, based on 10 per cent of the rainfall run‑off. Plantation forestry water use has been estimated as part of preparing WSPs in MDB areas in NSW. The Plantation and Reafforestation Act 1999 (NSW) (plantations greater than 30 ha) regulates interception associated with plantations. Licences for water extraction are not required for plantation forestry in New South Wales. Mining and coal seam gas (CSG) have been recognised as potentially significant interception activities and are regulated through the Aquifer Interference Policy (2012). The policy covers the potential impact of activities that interact with groundwater resources such as mining. The policy applies across the state and clarifies water licence and impact assessment requirements for aquifer interference activities. Water taken by aquifer interference activities must be licensed and accounted for in accordance with the water sharing arrangements. Proponents are required to establish the baseline condition of resource; strategy for complying with water access rules; details of potential risks to water level, quality or pressure drawdown impacts on nearby third parties; details of potential to cause enhanced hydraulic connectivity between aquifers; and details of the method for disposal of co‑produced water through an environmental impact statement (EIS). Decisions on water allocation take into account the available water within a WSP and potential impacts identified through the EIS process. National Water Commission Under the New South Wales Aquifer Interference Policy (2012), NOW uses the assessment criteria ‘minimal impact considerations’ to assess aquifer interference projects and determine their potential impacts on water resources. This assessment includes a consideration of potential impacts on connected systems, water‑dependent assets and groundwater‑dependent culturally significant sites. Both impacts of individual activities and cumulative impacts are considered. 205 206 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 An additional ‘gateway process’ is applied to significant development applications for mining or CSG extraction on strategic agricultural land (defined in the relevant Strategic Regional Land Use Plan). This process involves an independent panel of experts examining individual projects to ensure they satisfy specified criteria on their agricultural and aquifer impacts. The project may then be certified to proceed to the development application stage or be issued with a conditional certificate containing a list of requirements to address potential agricultural and/or aquifer impacts. See NWI paragraph 34 for more detail. New South Wales completed a Floodplain Harvesting Policy in 2013 to manage the capture and use of overland flows. Under the policy, floodplain harvesting licences are issued with similar characteristics to water licences. These enable licence holders to access compensation rights under the Water Management Act 2000 (NSW), carryover and trading (once methods for monitoring and accounting of floodplain harvesting extractions are in place). The policy notes that ‘existing WSPs will be amended to set the floodplain harvesting long‑term average annual extraction limit, establish rules for the management of floodplain harvesting, and provide that floodplain harvesting access licences will be exercised in accordance with those rules. For new plans, these actions will be taken as necessary at the time the plan is made’. Water markets and trading Adoption of publicly accessible, compatible systems for registering water access entitlements and trades consistent with Schedule F: • pathways leading to full implementation • full implementation. 59 59 – The Water Management Act 2000 (NSW) requires information on water trading to be made publicly available to promote informed and efficient water markets and improve administrative transparency. New South Wales has a number of registers that provide publicly accessible water information online. These include: • the Water Access Licence Register, which is a statutory register for title of ownership of water access entitlements and encumbrances on those licences. This register is managed by the Land and Property Management Authority and is publicly available, including online • the Environmental Water Register, which provides information for water users and the general public on the types of environmental water held • a range of other registers managed by NOW that provide information on allocation trade, status of applications for water approvals, the approvals, water access licence conditions, available water determinations and water access licence statistics. NWI actions Establish compatible institutional and regulatory arrangements that facilitate trade, consistent with principles in Schedule G: • remove institutional barriers to trade • remove barriers to temporary trade • remove barriers to permanent trade • no imposition of new barriers to trade NWI paragraph 60 Commentary 2014 60 – New South Wales has implemented compatible institutional and regulatory arrangements that facilitate intra and interstate trade. Ministerial decisions to suspend a WSP are instated if the Minister is satisfied there is a severe water shortage in relation to a particular water management area or water source. The Water Sharing Plan for the Wybong Creek Water Source (Wybong Creek WSP), which commenced in 2004, was suspended two years later and remains suspended. The initial rules for the WSP were based on a cease‑to‑pump at the 95th percentile of days of flow at the end of the water source. New South Wales advises that the contemporary geomorphology of the catchment is such that most low flows are subsurface at the lower end of the system, but flows are reliable from the lower system to near the headwaters. As a result, the original cease‑to‑pump rules were triggered not long after the WSP had commenced, and stayed in place in excess of 100 days. In 2011 NOW reviewed the Wybong Creek WSP in consultation with the Hunter Interagency Regional Panel, in response to community concerns about the plan’s cease‑to‑pump rules. The Wybong water source is currently operating under the water sharing rules negotiated through this consultation period, and it is expected that new rules for the water source will be incorporated in the WSP for the Hunter Unregulated and Alluvial Water Sources. The current review of WSPs will consider additional flexibility for management in regulated rivers during drought periods, although amended rules may not be finalised within the timeframe for replacement. National Water Commission New South Wales suspended water allocation trade (temporary trade) from the NSW Murray and Lower Darling Rivers into South Australia from 1 April to 30 June 2012. New South Wales advises that trade was suspended to protect third parties from potential impacts. Under protocols to the Murray–Darling Basin Agreement, water traded from New South Wales to South Australia from 1 April each year is to be held over in the New South Wales share of storage and delivered the following year. If the storage refills over this period, the traded water would continue to occupy space in the New South Wales storage, and therefore limit the amount of water that could be captured for allocation to New South Wales water users. 207 208 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 In January 2013, New South Wales announced a 10‑year, three per cent per valley limit on further buybacks of New South Wales water licences for environmental purposes in the MDB. As a result of the Commonwealth agreeing to limit buybacks to 1500 GL across the Murray–Darling Basin, the order was repealed on 24 February 2014. The commencement of a WSP gives effect to the licensing provisions of the Water Management Act 2000 (NSW), which means licences under the Water Act 1912 (NSW) (attached to land) are converted to Water Management Act 2000 (NSW) water access licences and water supply works and use approvals. The water access licences are separated from land, perpetual and fully tradeable, subject to rules defined in relevant WSPs. New South Wales continues to pursue opportunities to deal with inefficient infrastructure or unsustainable irrigation schemes. Relevant parties (Commonwealth, NSW, Victoria and SA) agree to: • • • • take necessary steps to enable the use of exchange rates and/or tagging for interstate trade reduce barriers to trade in southern Murray–Darling Basin review actions to assess whether relevant parties have removed barriers NWC monitor impacts of trade 63 63 (i) – The Basin states have collaborated on interstate water trading issues such as exchange rate trading and tagged trade. The tagged trade method has been adopted to facilitate interstate entitlement trading. 63 (ii) – A number of recent ad hoc barriers to trade have occurred including: • In 2009, allocation trading out of the New South Wales Murrumbidgee was suspended to prevent possible third‑party impacts caused by potentially high trade volumes during drought. • In 2011, allocation trading from New South Wales into the Victorian Murray was suspended to • • prevent impacts on the rights of other entitlement holders. During one week in March 2012, interstate allocation trading between New South Wales, Victoria and South Australia was suspended. On the 15 January 2013, the NSW Government announced an immediate 10‑year, three per cent per valley limit to apply on further buybacks of NSW water licences for environmental purposes in the MDB. This limit was lifted on the 24 February 2014. The Commission’s Current issues influencing water markets in Australia (2013) report states that the series of ad hoc allocation trading suspensions reduced confidence in the market, prevented trades by some water users (including irrigators) and hindered their water management decisions. With regard to the three per cent limit on buybacks for environmental purposes, the report notes that although not yet reached, the limit constitutes a departure from commitments to remove impediments to trading in order to promote more open and efficient water markets. NWI actions NWI paragraph Commentary 2014 63 (iii), (iv), (v) (vi), (vii) – The Commission has coordinated a number of reviews and evaluations on the effectiveness of the Australian water market. For example, 63 (vi) is specifically addressed by the Commission’s 2007 and 2010 Impacts of trade reports; 63 (vii) is considered to have been satisfied by the 2009 Biennial Assessment. Best practice water pricing and institutional arrangements Complete commitments under the 1994 COAG Water Reform Framework to bring into effect pricing policies for water storage and delivery in rural and urban systems. 65 Metropolitan: 66 65 (i) – New South Wales has implemented consumption‑based pricing in both rural and urban systems. 65 (ii)–(iii) – See actions associated with NWI paragraph 66. 66 (i) – See NWI paragraph 66 (v). • continued movement towards upper‑bound pricing • development of pricing policies for recycled water and stormwater • review and development of pricing policies for trade wastes • development of national guidelines for water accounts. Rural and regional: • full cost recovery for all rural surface and groundwater‑ 66 (ii) – Urban water supply and sewerage services are provided by 101 regional urban water utilities (mostly local governments). These utilities are required to undertake strategic planning and to set their prices for recycled water and stormwater in accordance with the requirements of the New South Wales Government’s Best-Practice Management of Water Supply and Sewerage Framework (2014), which is based on the Best-Practice Management of Water Supply and Sewerage Guidelines, 2007. 66 (iii) – The Liquid Trade Waste Regulation Guidelines (2009) – a subset of the NSW BestPractice Management Framework (2013) – set the framework for the regulation of sewerage and trade waste in New South Wales. The guidelines require compliance with a number of measures, including full cost recovery with an appropriate sewer usage charge, trade waste fees and charges and a trade waste regulation policy. The guidelines also require a noncompliance trade waste usage charge and non‑compliance excess mass charges to provide a strong financial incentive for each discharger to comply consistently with the conditions of their approval. National Water Commission based systems • achievement of lower‑bound pricing for all rural systems in line with existing NCC commitments 66 (iv) – National Guidelines for Residential Customers’ Water Accounts were endorsed at the 11th meeting of the Natural Resource Management Ministerial Council (NRMMC) and released on 24 November 2006 by Australian Government, state and territory water ministers. 209 210 NWI actions Australia’s water blueprint: national reform assessment 2014 • NWI paragraph Commentary 2014 66 (v) – For the utilities regulated by the Independent Pricing and Regulatory Tribunal of NSW (IPART): • there is a return on capital expenditure • capital expenditure undertaken since the legacy date is depreciated annually and its depreciated value increased in line with inflation each year • contributed assets are not included. continued movement towards upper‑bound pricing for all rural systems, where practicable For the other utilities in regional New South Wales, each utility is required to achieve at least lower‑bound pricing on the basis of MEERA (Modern Engineering Equivalent Replacement Asset) asset valuation and current replacement cost depreciation. Utilities which have met the requirements of the NSW Best-Practice Management Framework (2013) are encouraged to pay a dividend from the surplus of their water supply or sewerage businesses to the Council’s general revenue. Such dividend payments would move the utility towards upper‑bound pricing. In New South Wales, 98 per cent of regional utilities are achieving full cost recovery for water supply on the basis of lower‑bound pricing, and 97 per cent of utilities Consistent approaches to pricing and attributing costs of water planning and management. Public reporting of cost recovery for water planning and management. 67-68 are achieving full cost recovery for sewerage. 67 – In New South Wales, charges for water planning and management activities are set on a cost recovery and transparent basis. IPART sets three categories of fees and charges, one being the ‘water management charge’. This charge recovers the cost of NOW’s resource management activities, predominantly undertaken to manage the impacts of water extraction. Charges are linked to water planning and management activities and are transparent and independently reviewed. The costs of undertaking each water planning and management activity are shared between licensed water users and government on an impactor pays basis. Charges are set for each water system (valley and water source) based on the water user’s share of water planning and management costs for each system. Consequently, charges are linked closely to the costs of activities concerned. Transition to full cost recovery for water planning and management activities was nearing completion by the end of IPART’s 2010 determination in 2013–14. Actual cost recovery for water planning and management for all water sources in 2009–10 was 88 per cent. 68 – The proportion of costs attributed to water users for each water management activity is specified on NOW’s website. NWI actions NWI paragraph Commentary 2014 Under the Water Act 2007 (Cwth), the Australian Competition and Consumer Commission has responsibility for reporting on, monitoring and publishing information on charges (but not setting charges) for water planning and management services in the Murray–Darling Basin. This includes NOW’s water management services that fall within the Basin. Investment in new or refurbished water infrastructure to continue to be assessed as economically and ecologically sustainable before being approved. 69 69 – For regional urban water supply and sewerage systems in New South Wales, all proposed capital and recurrent investments in a utility’s total asset management plan are required to be soundly based and affordable (as per the NSW Water and Sewerage Strategic Business Plan Guidelines 2011). In non‑metropolitan New South Wales, the New South Wales Government’s 2007 Best Practice Management of Water Supply and Sewerage Guidelines require the development and implementation of a 30‑year Integrated Water Cycle Management (IWCM) strategy by each water utility. Water utilities are required to evaluate each scenario in a utility’s 30‑year IWCM strategy on a triple bottom line basis. This involves identifying the scenario that provides the best value for money after taking account of the social, environmental and economic considerations, which enables the utility to make informed investment decisions for new water supply, sewerage and stormwater infrastructure and activities. Under the New South Wales Government’s Metropolitan Water Plan for Greater Sydney (MWP) and the new Lower Hunter Water Plan, investment in new or refurbished water infrastructure is subject to hydrological and economic assessment, taking account of financial, social and environment factors. For example, as part of the review of the 2010 MWP, an assessment is being undertaken into the potential modification of Warragamba Dam to allow the release of new variable environmental flows into the Hawkesbury‑Nepean River. This includes ecological and economic modelling and analysis. Release of unallocated water 70-72 70–72 – Controlled allocation orders can be made where there is unassigned water in a process under section 65 of the Water Management Act 2000 (NSW). A controlled allocation process can involve an auction, tender or other process specified in the order. National Water Commission The New South Wales Minister for Primary Industries made a controlled allocation order for 20 groundwater sources on 31 May 2013. The order allowed up to five per cent of the unassigned water to be released in these groundwater sources so that new or expanding enterprises could obtain new water entitlements. These aquifer access licences were acquired through a tender process run by NOW. 211 212 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Environmental externalities: 73 73 – New South Wales manages environmental externalities through a range of regulatory measures, including water extraction limits specified under WSPs, WSP rules, mandatory water access licence rules and the environmental protection licensing regime. • • manage environmental externalities through a range of regulatory measures (such as through setting extraction limits in water management plans and by specifying the conditions for the use of water in water use licences) examine the feasibility of Environmental externalities are included in the environmental approvals provided to the water utilities in New South Wales and the costs of addressing environmental requirements are included in each utility’s service provision costs, which are recovered from the users of the services. Costs incurred by major water utilities to meet regulatory measures are passed on through IPART determinations. Where water providers are required to invest in major infrastructure, the WSPs give the water provider sufficient time to seek cost recovery and to construct infrastructure. using market‑based mechanisms such as pricing to account for positive and negative environmental externalities associated with water use • implement pricing that includes externalities where found to be feasible The prices charged by the major metropolitan water utilities are determined by IPART through a transparent pricing process. This takes into account the efficient costs incurred by the utilities in addressing environmental matters in their planning and operations. NWI actions NWI paragraph Commentary 2014 Benchmarking efficient performance: • independent, public, annual reporting of performance benchmarking for all metropolitan, 75-76 75 – New South Wales has provided benchmarking information and data for the National Performance Reports for 32 urban water service providers and four rural water service providers. At the time of writing the future of reporting is uncertain. non‑metropolitan and rural • water delivery agencies develop nationally consistent report framework. 76 – Costs for preparation of National Performance Reporting are considered to be overheads in New South Wales State Water’s cost structure for rural reporting entities, so they are incorporated into the ‘operating expenditure’ used by IPART for pricing determinations. NOW included the costs related to Commonwealth water reform actions (including water consumption reporting and compliance with national standards) in its submission to the IPART review of bulk water pricing. While these were costed at 57 FTE, most were subsequently rejected by IPART on the basis that they were not appropriate to be considered for bulk water pricing. The IPART 2010 determination for NOW’s water planning and management charges rejected proposals for cost recovery relating to the national water reforms. Each New South Wales urban water utility meets the cost of reporting in the National Performance Report, including the cost of obtaining an independent audit of the data provided. Independent pricing regulator: 77 • independent pricing bodies to set and review prices or pricing processes for water storage and delivery and publicly report 77 (i) – In New South Wales, IPART determines prices for the metropolitan utilities, bulk water services provided by State Water, Sydney Catchment Authority, Sydney Desalination Plant Pty Ltd, and water planning and management charges. This includes price‑setting policy and processes for government water service providers. Under the New South Wales Water Industry and Competition Act 2006, private entities licensed to provide water and wastewater services can be price regulated by IPART if the Minister declares the services to be a monopoly. To date the Sydney Desalination Plant Pty Ltd is the only utility licensed under the Water Industry and Competition Act 2006 (NSW) subject to price regulation by IPART. National Water Commission 77 (ii) – Through its pricing determinations, and related submissions, IPART ensures that water pricing by New South Wales Government water service providers and private water service providers is reported. Non‑declared water utility reporting is coordinated through NOW. The 101 New South Wales regional urban water utilities are required to undertake long‑term planning and to price their services in accordance with the NSW Best- Practice Management of Water Supply and Sewerage Framework (2014). NOW independently reviews each utility’s strategic business plan. 213 214 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 Integrated management of environmental water Recognising the different types of surface water and groundwater systems: • effective and efficient management and institutional arrangements • to ensure the achievement of environmental outcomes; and where it is necessary to recover water to achieve environmental outcomes, to adopt the principles for determining the most effective and efficient mix of water recovery measures. 79 79 (i) a) – The Water Management Act 2000 (NSW) and the Water Act 1912 (NSW) provides the statutory framework for the environmental water in New South Wales. These arrangements give NOW and the Department of Planning and Environment responsibility for the management of environmental water. The Department of Planning and Environment is responsible for the delivery of discretionary water (planned environmental water allocations and water access licences held by the New South Wales Government for an environmental purpose), while NOW is responsible for the implementation of WSPs including the implementation of non‑discretionary rules‑based environmental water. 79 (i) b) – New South Wales has established management and institutional arrangements to ensure achievement of environmental and other public benefit outcomes for shared resources with other jurisdictions, including: • the New South Wales–Queensland Border Rivers Intergovernmental Agreement 2008 • the Intergovernmental Agreement on Murray–Darling Basin Reform 2008 • the Water (Commonwealth Powers) Act 2008 (NSW), which refers NSW state powers to the Commonwealth in order to implement the Basin‑focused Water Act 2007 (Cwth), the Snowy • • • • Water Inquiry Outcomes Implementation Deed, the Snowy Water Licence, the Snowy Scheme Long Term Arrangements Deed, and the Snowy Bilateral Deed Memorandum of understanding with the Commonwealth on environmental water (2009) Memorandum of understanding between NSW and the Commonwealth on water shepherding (2010) Intergovernmental Agreement for the Paroo River between New South Wales and Queensland 2003 Heads of Agreement – the agreed outcome from the Snowy water inquiry. 79 (i) c) – In New South Wales, surface water and groundwater are defined in the Water Management Act 2000 (NSW). Provisions for the integrated management of surface water and groundwater resources vary between WSPs. In general integrated plans are developed where connectivity is high. Where lower connectivity is assessed, separate surface water and groundwater plans are put in place, but provision is made in each plan to address connectivity. More recent macro water planning has placed greater emphasis on integrating surface water and groundwater management. Based on the degree on connectivity, recent plans may include surface water and their associated alluvial aquifers, while other groundwater resources are managed by groundwater‑specific plans. NWI actions NWI paragraph Commentary 2014 79 (i) d) – Managers of adaptive environmental water are not compelled under legislation or the WSPs to monitor and report on environmental watering outcomes; however, regular reports are published on the Department of Planning and Environment’s website. The New South Wales Government’s Environmental water use in NSW annual report series provides an overview of the department’s environmental watering actions and their ecological outcomes, including water: • held under licences (adaptive environmental water) • held in prescribed allocations under WSPs • provided by the Commonwealth Environmental Water Office • provided through programs such as The Living Murray. The Commission funded the development of the New South Wales River Condition Index (RCI) which allows the spatial reporting of long‑term river health and helps integrate water allocation and catchment planning. The RCI assists with WSP development, reporting on statewide targets for rivers, and catchment action plan evaluation and development by Local Land Services (formerly catchment management authorities). The RCI is currently being updated to be consistent with the national approach for the identification of high ecological value aquatic ecosystems. The New South Wales Department of Planning and Environment produces the Water for the Environment News, which outlines environmental releases, actions and outcomes for held environmental water. New South Wales contributes to the annual Commonwealth Environmental Water Holder (CEWH) outcomes report which documents environmental outcomes where watering actions were implemented in the MDB. 79 (i) e) – Environmental water in New South Wales is provided for in WSPs as ‘planned’ environmental water and ‘adaptive’ environmental water. Only adaptive environmental water can be traded. See NWI paragraph 35 (iii) for more detail. National Water Commission 79 (i) f) – Water‑dependent ecosystems are identified and described in assessments associated with the development of WSPs. Objectives are fairly general, for example that the condition of all water‑dependent ecosystems is to be maintained or recovered. In more recent macro plans, risks to the water resources and dependent ecosystems associated with the current water regime are an explicit element. 215 Adaptive environmental water use plans and annual environmental watering plans set out outcomes that specifically identify ecosystems and attributes of ecosystems that are targeted, as well as risks. Annual watering plans also identify key water‑dependent assets and their condition and identify ecological objectives and watering priorities. 216 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 79 (ii) – New South Wales runs or participates in a diverse range of water recovery measures and initiatives including: • the NSW Murray–Darling Basin Environmental Works and Measures Feasibility Project • Cap and Pipe the Bores • The Living Murray • Snowy Initiative • Darling River Water Savings Project • Sustaining the Murray–Darling Basin • The Hawkesbury‑Nepean River Recovery Program • Pipeline NSW • Wetland Recovery Program • Rivers Environmental Restoration Program. • Within the Murray–Darling Basin, NSW has stated that water recovery measures should focus on environmental works and measures, infrastructure and strategic purchases to manage the socio‑economic impacts on rural communities. Water resource accounting Benchmarking of accounting systems 81 81 – New South Wales has participated at the national level in the development of a range of national water accounting standards and reporting frameworks, including the General Purpose Water Accounting Reports and the Australian Water Accounting Standards (AWAS 1 and AWAS 2). New South Wales uses AWAS 1 and the Water Accounting Conceptual Framework in providing data to the Bureau of Meteorology (BOM) for the general purpose water account. Consolidated water accounts: • develop and implement robust water accounting • identify situations where close interaction between surface and groundwater exist to integrate the accounting of groundwater and surface water use. 82-83 82 – NOW has adopted AWAS 1 and is using it to produce its General Purpose Water Accounting Reports. NOW published these reports online for all Murray–Darling Basin regulated river catchments within NSW for 2011–12 and 2012–13. 83 – NOW uses the General Purpose Water Accounting Reports – Groundwater Methodologies (2011) to include groundwater data in their General Purpose Water Accounting Reports. New South Wales states that its reports published to date have all included some level of surface/groundwater interaction. NWI paragraph Commentary 2014 Environmental water accounting: • develop an environmental water register and annual reporting arrangements • apply the environmental water register and annual reporting arrangements. 85 85 (i) – New South Wales has an Environmental Water Register in place. See NWI paragraph 59 for more detail. 188 NWI actions 85 (ii) – In New South Wales, managers of adaptive environmental water are not compelled under legislation or WSPs to monitor and report on environmental water outcomes outside of the legislated 10‑year review of WSP objectives and the five‑year audit of implementation of a WSP. However, a range of regular reports are published by relevant agencies including: • the Environmental Water Register, which produces periodic reports on the assignment of water allocations to and from adaptive environmental water access licences and changes in the share component of adaptive environmental water access licences over time • environmental water use in New South Wales Annual Report, which reports on discretionary environmental water holdings, actions, events and outcomes • regular updates of environmental water holdings recovered through water recovery programs on the Department of Planning and Environment website. • general water plan audit and review reporting, which is the only formal arrangement for reporting on activity and compliance with the environmental water rules. Detailed annual water accounting information on held environmental water (including entitlements, carryover, water availability and water trading) is made publicly available via NOW’s General Purpose Water Accounting Reports National Water Commission Implement information measures 86 86 – New South Wales has continued to participate in nationally coordinated efforts in the development of national water accounting standards and reporting frameworks that facilitate data collection and storage at the national level Metering and measuring actions: • develop metering and measuring actions • implement metering and measuring actions. 87-88 87–88 – New South Wales contributed to the development of the Australian Government’s National Framework for Non-Urban Water Metering (2010). NSW released its NSW metering implementation plan to guide implementation of the national framework in New South Wales in September 2013. The New South Wales Metering Scheme is being funded by the Australian Government’s Water for the Future initiative, and implemented by the New South Wales State Water Corporation and NOW. It includes updating and/or installing meters on all groundwater, regulated and unregulated rivers in the New South Wales Murray–Darling Basin. Two pilots are underway, with the installation of 1200 meters as part of the Murray Pilot Project, and 600 meters as part of the Murrumbidgee Computer Aided River Management (CARM) project. 217 218 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 89 – New South Wales has participated in the development of a range of national reporting requirements for water management. New South Wales provides data and information for the production of the National Performance Reports for rural and urban water utilities, the Australian water markets (89 (ii)) and environmental water management report series (89 (iii)), and is working with other NWI parties on compliance and reporting arrangements for water metering (89 (i)). New South Wales has also participated in the development of the National Water Market System, although this project has now been terminated. National guidelines on water reporting: develop and apply national guidelines on water reporting covering the application, scale, detail and frequency for open reporting Urban water reform Implementation of demand management measures, including: • implementation and compliance monitoring of WELS, including mandatory labelling and minimum standards for agreed appliances • develop and implement ‘Smart Approved WaterMark’ for garden activities • review effectiveness of temporary water restrictions and associated public education strategies, and consider extending low‑level • restrictions to standard practice implement management responses to water supply and discharge system losses including leakage, excess pressure, overflows and other maintenance needs 91 91 (i) – The Water Efficiency Labelling and Standards (WELS) scheme is a joint initiative of the Australian Government and the state and territory governments. The Water Efficiency Labelling and Standards Act 2005 (Cwth) provides the legal framework for the scheme. New South Wales has enacted complementary legislation through the Water Efficiency Labelling and Standards (New South Wales) Act 2005. 91 (ii) – The Smart Approved WaterMark is a not‑for‑profit organisation established by four associations: the Australian Water Association, Irrigation Australia, the Nursery and Garden Industry, Australia and the Water Services Association of Australia. It is overseen by a steering committee with representation from the Australian and state and territory governments, water utilities, the four governing associations, and the chair of the Technical Expert Panel (an independent panel which assesses applications to the scheme). Project establishment was finalised in 2011 and a report on the delivery of the Smart Approved WaterMark was provided to the Department of the Environment. The program continues to provide product efficiency ratings to consumers. 91 (iii) – Water supply in New South Wales is mostly managed by councils, with Sydney Water providing water and water services to residents of Sydney, Illawarra and the Blue Mountains. For customers of Sydney Water, water wise rules were introduced in June 2009 after dam storage levels had remained steady at around 60 per cent for 12 months and drought restrictions were lifted. Water wise rules replace water restrictions. 91 (iv) The Regional NSW Water Loss Management Program conducted by the New South Wales Local Government and Shires Association and the NSW Water Directorate has resulted in reductions in the average water losses for the 68 participating local water utilities from 154 to 92 litres/connection/day, or from 16 to 10 per cent of the potable water supplied – a total saving of 5500 ML/year. NWI actions NWI paragraph Commentary 2014 Under its current operating licence, Sydney Water must ensure that the level of water leakage from its drinking water supply system (the water leakage level) does not exceed 105 ML/day. When calculating the water leakage level each year, Sydney Water must use assumptions and methodology approved by IPART. Under its operating licence, Hunter Water is required to submit a report to IPART on the economic level of leakage from its drinking water network. Encourage further innovation in urban water use including: • develop and apply national health and environmental guidelines for water sensitive urban designs for recycled water and stormwater • develop national guidelines for evaluating options for water sensitive urban developments in both new urban sub‑divisions and • • National Water Commission • high rises evaluate existing water sensitive urban icon developments review institutional and regulatory models for integrated urban water cycle planning and management and develop best‑practice guidelines review incentives to stimulate innovation. 92 92 – New South Wales has participated in national level working groups and committees to develop the Australian Guidelines for Water Recycling: Managing Health and Environmental Risks (2009) which address water quality guidelines for recycled and stormwater use. Water sensitive urban design principles have been built in to land use planning guidelines in New South Wales, including through the Building Sustainability Index (BASIX) scheme of development assessment and the Draft Metropolitan Strategy for Sydney, released for community consultation in 2013. A range of guideline documents also deal with managing urban stormwater, including harvesting and reuse, and guidance for erosion and sediment control for a range of activities. A BASIX five‑year outcomes review and cost‑benefit analysis showed there was scope to review the BASIX targets to achieve additional benefits. The New South Wales Government is consulting with the community and stakeholders on new targets to reflect changes in construction design and new technology and align more closely with national building standards. The review also includes new compliance measures aimed at reducing consumption of mains‑supplied potable water and energy for heating, cooling and hot water. In 2008, New South Wales held an independent inquiry that comprehensively reviewed institutional and regulatory models for non‑metropolitan New South Wales, including the delivery and implementation of integrated water cycle management. The recommendations were broadly supported for 30 regional water utilities by the 2012 Infrastructure NSW report. The NSW Independent Local Government Review Panel examined urban water utilities in regional New South Wales, recommending retention of water supply and sewerage service provision by local government in its final report released in October 2013 for public comment. The New South Wales Best-Practice Management of Water Supply and Sewerage Management Guidelines (2007) require each non‑metropolitan utility to identify the most cost‑effective demand management initiatives and to subsidise and promote at least two of these initiatives. 219 220 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 The Central Coast Water Savings Fund was established in partnership with the Gosford/Wyong Councils’ Water Authority in 2006 to encourage investment in water savings on the Central Coast. The fund’s aim is to stimulate investment in innovative water conservation and recycling technologies and practices, and improve water efficiency across all sectors. The fund provides up to $2 million a year for saving water in the Central Coast region. Further incentive programs across New South Wales have included rebates for rainwater tanks, policy concessions on greywater use requirements, and stormwater harvesting and use projects. In metropolitan Sydney some incentive programs included subsidies for both the installation of water efficient measures, and for the preparation of water efficiency plans for major water users. Community partnerships and adjustment Open and timely consultation with all relevant stakeholders in relation to: • pathways for returning overallocated systems to sustainable extraction levels, periodic review of water plans, and other significant decisions affecting the security of water access entitlements. 95 95 (i) – In groundwater WSPs with water recovery objectives, New South Wales advises that significant discussions take place with stakeholders and ongoing consultation occurs through written correspondence or individual enquiries to staff. In addition, NOW manages the Achieving Sustainable Groundwater Entitlements program, which defines the rules for recovering water in these groundwater systems. Water planning is the main way of managing overallocated systems. This consultation addresses issues related to significant decisions which will affect the security of entitlement holders and sustainable water use. New South Wales has statutory requirements for stakeholder consultation during WSP development. Management committees were established to prepare the initial high‑priority WSPs for public exhibition and eventual approval by the state Minister. These committees were generally made up of representatives from the environment sector, water users, local councils, catchment management authorities, Indigenous groups and government departments. However the recent ‘macro’ planning process has used interagency panels for aggregated water sources with Local Land Services (LLSs – previously catchment management authorities) as observers. The Act requires the exhibition of draft WSPs for the purpose of receiving public submissions. 95 (ii) – An audit of implementation of WSPs that commenced in 2004 has been completed and is available NOW’s website. This was undertaken by an audit group appointed by the Minister, and was a requirement under the Water Management Act 2000 (NSW). NWI actions NWI paragraph Commentary 2014 The NRC published a discussion paper its 10‑year review of the 2004 WSPs and invited submissions from relevant stakeholders on whether implementation of WSPs had contributed better social, economic, cultural and environmental regional outcomes, and on how WSPs could be improved to better contribute to regional objectives in the future. NOW requested submissions through the same process as the NRC, however it specifically focused on WSP rules, implementation of the plans and water to improve WSP outcomes. NOW advised that as per the development of WSPs, the review process used Interagency Regional Panels to consider the outcomes of the review and make recommendations to the Minister. These panels included government representatives from NOW, New South Wales Office of the Environment and Heritage and New South Wales Department of Primary Industries, as well as catchment management authorities and State Water in an observer role. Submissions received through both processes informed the reviews, which were provided to the Minister for Primary Industries to inform the decision on whether a WSP should be replaced or extended under the provisions of section 43.A of the Water Management Act 2000 (NSW). The Department of Planning and Environment uses a variety of tools to support its decision‑making in the management of environmental water, including expert advice from research organisations, environmental water advisory groups and other government agencies, such as catchment management authorities, NOW and the State Water Corporation. 95 (iii) – New South Wales has statutory requirements for stakeholder consultation during the development of a WSP. This consultation addresses issues related to significant decisions which will affect the security of entitlement holders and sustainable water use. National Water Commission Provision of accurate and timely information to all relevant stakeholders in relation to the progress of water plan implementation and other issues relevant to the security of water access entitlements. 96 96 (i) – New South Wales undertakes audits to determine whether the provisions of the WSPs are being implemented every five years. New South Wales also publishes ‘valley progress reports’ (environmental flow response and socio‑economic monitoring reports) which summarise key implementation and water management activities undertaken through the WSPs. The reports provide a snapshot of the monitoring and evaluation activities undertaken to assess the ecological and socio‑economic performance of WSPs. 221 222 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 In dry years NOW produces an indicative water availability outlook for the regulated rivers in the southern Murray–Darling Basin to assist irrigators with forward planning. 96 (ii) – New South Wales has three government bodies involved in water access licence dealings: • NSW Office of Water • Land and Property Information (LPI) • State Water Corporation (State Water). Information relevant to the security of water access entitlements are hosted on a number of public registers such as NOW’s water allocations summary and status of applications for approvals. General water dealings under the Water Management Act 2000 (NSW) include the trading of water access licences, as well as any changes to water access licences, and are registered on the Water Access Licence Register hosted by Land and Property Information NSW. Address significant adjustment issues affecting water access entitlement holders and communities that may arise from reductions in water availability as a result of implementing the NWI. 97 97 – New South Wales has addressed adjustment issues in a number of water systems where water recovery activities have taken place. For example, the New South Wales and Australian governments have invested in the Achieving Sustainable Groundwater Entitlements program, which outlines the rules for water recovery activities under the WSPs and provides financial assistance to licence holders to adjust to the changes across the six major inland groundwater systems. The $650 million Private Irrigation Infrastructure Operators Program (PIIOP) aims to acquire water entitlements via water savings generated from eligible projects by private irrigation infrastructure operators in New South Wales that improve the efficiency and productivity of water use and management, both off and on‑farm. Sustaining the Basin: Irrigated Farm Modernisation (STBIFM) is a program funded by the Australian Government and delivered by the New South Wales Department of Primary Industries (DPI). STBIFM aims to achieve water savings by improving on‑farm water use efficiency and reducing the direct extraction of water from the regulated river water sources from each valley. STBIFM will be implemented up to October 2017 with annual reviews of the uptake of the infrastructure incentives to guide the ongoing availability of funding and continuation of the project. DPI will also develop and deliver a capacity building and skills development program to complement the infrastructure incentives. NWI actions NWI paragraph Commentary 2014 Knowledge and capacity building Science priorities and research: • identify the key science priorities to support implementation of the NWI and where this work is being undertaken • implement any necessary measures to ensure the research effort is well coordinated and publicised, and any gaps are addressed. 101 101 (i) – The Department of Planning and Environment has developed a knowledge strategy to set knowledge priorities for itself and its cluster partners. The strategy has six themes, each with a goal to achieve priority knowledge needs: • biodiversity • climate change impacts and adaptation • coastal, estuarine and marine environments • landscape management • pollution • water and wetlands. New South Wales advises that it has developed a science program that links current research, ecological objectives and management objectives for surface water and groundwater plans. Several projects have been developed including: • conducting a pilot project to examine the impact of climate variability on water supply security for 11 urban water supplies in regional NSW • participation in the Urban Water Policy Sub‑Group and National Urban Water Partnership • Forum research through the Environmental Evaluation and Performance Branch of NOW – which has developed a research prospectus that identifies a range of critical knowledge needs where collaboration with external agencies can help improve resource allocation decisions. 101 (ii) – New South Wales developed the Strategic Water Information and Monitoring Plan 2009 (a requirement under the Australian Water Resources Information Service project) to assist both the Commonwealth and its own jurisdiction by: • outlining current data inventory • specifying any strategic gaps in data and information systems • prioritising data gaps relative to BoM’s data delivery requirements. National Water Commission WI actions Australia’s water blueprint: national reform assessment 2014 223 224 198 Australia’s water blueprint: national reform assessment 2014 Victoria NWI actions NWI paragraph Commentary 2014 Water access entitlement and planning framework Implementation of the 26-27 framework: • substantial completion of plans to address any existing overallocation for all river systems and groundwater resources in accordance with commitments under the 1994 COAG Water Reform Framework • legislative and administrative regimes amended to incorporate the elements of the entitlements and allocation framework in this agreement. 26 – In 2004, Victoria identified water management plans for 10 river systems to complete its commitments on overallocation under the 1994 COAG Water Reform Framework. Management of these systems has included flow rehabilitation plans, a bulk entitlement conversion process and creating environmental entitlements with water recovered through a range of infrastructure projects. In general the bulk entitlements specify a requirement to develop a program to manage the environmental effects of extraction. Water access entitlements to be defined and implemented. 28–33 – The Water Act 1989 (Vic) establishes the statutory basis and mechanisms for managing Victoria’s water entitlement framework. The framework is generally NWI consistent. 28-34 The Water Act 1989 (Vic) specifies the creation of sustainable water strategies (SWSs), bulk entitlements, groundwater and streamflow management plans (GMPs and SFMPs) and regional waterway strategies (RWSs). These apply depending on the particular circumstances of the resource. At the regional level, four regional SWSs were produced between 2006 and 2011. At a catchment level, all surface water resources are covered by regional river health strategies, and currently Victoria has eight SFMPs and 10 GWMPs. 27 – The Water Act 1989 (Vic) provides the statutory basis for water access entitlements and allocations. It sets rules for the trading of water shares and bulk entitlements. SWSs provide an overview of the water trading framework and rules, and localised restrictions and rules to trading are stipulated in SFMPs, GMPs and bulk entitlements. The Water Act 1989 (Vic) is currently under review with a Water Bill Exposure Draft released in December 2013. National Water Commission Surface water and groundwater used for irrigation, commercial or intensive purposes requires a water entitlement. The four different types of entitlement are bulk entitlements, environmental entitlements, water shares and water licences. 197 NWI actions NWI paragraph Commentary 2014 In groundwater systems and unregulated river systems the Victorian Government allocates water by issuing individuals with a section 51 licence to take and use water from waterways; on‑stream and off‑stream dams; springs and soaks; works of an authority; and groundwater. Surface water and groundwater made available for domestic and stock purposes are not managed through formally issued entitlements but exist as statutory rights under the Water Act 1989 (Vic) by virtue of an individual’s private ownership of, or access to, land. A licence provides for the maximum volume of water that can be extracted from a defined source of water, and includes a range of conditions. Licences may be issued for up to 15 years and the Water Act 1989 (Vic) permits new or changed licence conditions set by the Minister to be included. The Water Act 1989 (Vic) requires the Minister to renew section 51 licences unless there are good reasons not to. The current review of the Water Act 1989 (Vic) has proposed an amendment to include rights to alternative water sources (i.e. stormwater), as well as extending the maximum licence tenure to 20 years. Bulk entitlements provide a right to use and supply water which may be granted to water corporations, the Victorian Environmental Water Holder (VEWH) and other specified bodies (e.g. electricity companies). Bulk entitlements, environmental entitlements and water shares are all permanent. Entitlements are unbundled in the major regulated systems in Victoria with two exceptions: the Coliban and Wimmera systems. Coliban system entitlements are held by individuals and companies in the form of ‘take and use’ licences. The licences are tradeable. Victoria has stated that the Coliban regulated water system is currently being remodelled and there is no plan to unbundle entitlements due to its relatively small size. Following the sale of the Wimmera irrigation entitlement to the Commonwealth in December 2012, the Wimmera irrigation system will be decommissioned and therefore unbundling does not apply. National Water Commission Unbundling does not apply in Victoria to groundwater, unregulated waterways, recycled water, or bulk entitlements and environmental entitlements to regulated waterways; however these entitlements are tradeable in some areas subject to trading rules or Ministerial approval. Allocations against water shares are determined by the relevant water corporation, usually as a percentage of the entitlement volume. Seasonal determinations are based on system‑specific rules for allocating water to entitlement holders as water becomes or is expected to become available. 225 226 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 34 – Mining, emerging and developing industries must secure water access by obtaining a section 51 licence under the Water Act 1989 (Vic). Victoria has signed the National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development. Under the Agreement, Victoria must refer a coal seam gas (CSG) or coal mining proposal to the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Developments (IESC) for advice if the proposal is likely to have a significant impact on water resources, either in its own right or cumulatively with other actions. Advice from the IESC informs decision‑making on approvals and conditions. Water to meet environmental and 35 other public benefit outcomes identified in water plans to be defined, provided and managed. 35 – The Water (Resource Management) Act 2005 and Water Act 1989 (Vic) establish the Environmental Water Reserve (EWR). The Water Act 1989 (Vic) provides the legal foundation for the independent VEWH. The EWR comprises: • entitlements for the environment which are called either environmental bulk entitlements or environmental entitlements • rules‑based environmental flows through obligations on consumptive entitlements, licences • and permits, as set out in management plans where specified in a bulk entitlement, ‘above‑cap’ water (water left over after limits on diversion have been reached) or unregulated flows that cannot be kept in storage. In regulated systems, the EWR is set aside mainly through environmental water entitlements. In unregulated rivers, the EWR is provided primarily through management of existing diversions via caps on issuing new entitlements, licence conditions, rostering and restriction rules in statutory water management plans and local management rules. Water corporations are responsible for ensuring that these conditions for the EWR are met. It is intended that environmental provisions embedded in existing bulk entitlements will be converted into environmental entitlements. The environmental entitlements and environmental bulk entitlements refer to water usually held in and released from storages. Environmental entitlements are issued by the Minister for Water under the Water Act 1989 (Vic). This may be done following an application by the VEWH. Under the Victorian Water Entitlement Framework, environmental entitlements are afforded the same surety and subject to the same properties as bulk entitlements. They are held by the VEWH, which was established on 1 July 2011 as an independent statutory body responsible for making decisions on the most efficient and effective use of Victoria’s environmental water entitlements. The VEWH may trade its water entitlements and allocations if it believes the objectives of the Environmental Water Reserve would benefit. It requires the approval of the Minister for Water, and in the case of permanent trade, also the Minister for Environment. As with any consumptive entitlements, environmental entitlements can also specify a range of conditions and obligations. NWI actions NWI paragraph Commentary 2014 SWSs are the enabling mechanism through which the Victorian Government, in partnership with regional communities, decides whether additional water is required for environmental needs. Waterway managers must prepare environmental water management plans for each priority system identified in regional waterway strategies, outlining long‑term environmental objectives, desired flow regimes and management arrangements. The environmental water management plans form the basis of seasonal watering proposals that will inform the development of a Seasonal Watering Plan by the VEWH. Responsibility for delivery of the Seasonal Watering Plan is delegated by the VEWH to partners including storage operators and waterway managers (catchment management authorities and Melbourne Water). The current statement of obligations for waterway managers under the Water Act 1989 (Vic) requires them to integrate the management of the EWR into the development of their regional waterway action plans and integrated river works programs, and to liaise with the storage operator or licensing authorities to negotiate the most effective release pattern for the EWR or extraction regime. Water plans to be prepared along the lines of the characteristics and components at Schedule E based on the following priorities: • plans for systems that are overallocated, fully allocated or approaching full allocation • plans for systems that are not yet approaching full allocation 39–40 39 – Victoria’s water planning process is generally NWI consistent. Water extraction is limited through caps on levels of take in the form of sustainable diversion limits and permissible consumptive volumes, and in some cases by specifying triggers for rosters, bans or restrictions. Caps have historically been set based on current use of the water resource entitlements, or in a few cases using a precautionary approach. National Water Commission Victoria does not have a single statutory instrument which fulfils all NWI criteria as a water plan. Several instruments are used in conjunction to meet water planning and management requirements for systems including those where water supply is under stress: • SWSs identify key risks to water resources and set out actions to address these risks. The Water Act 1989 (Vic) also requires SWSs to identify actions and set priorities to improve the Environmental Water Reserve in accordance with objectives. • Bulk entitlements provide a statutory right to use and supply water in declared regulated water systems and specify water sharing arrangements and operating rules. • Environmental entitlements are also issued on regulated systems and hold similar statutory characteristics as consumptive bulk entitlements. • SFMPs and GMPs are statutory water plans developed for declared water supply protection areas (WSPAs). • Management plans are local in scale and are in place for a small number of unregulated systems and aquifers. 227 228 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 • • Water supply protection areas are declared where there is a risk to the resource and stricter management of use is required. The current regional river health strategies (RRHSs) were developed under the Water Act 1989 (Vic) and are statements of obligations for waterway managers at the surface water catchment scale. They establish priorities for the protection and restoration of river systems but are now beyond their intended date of use. 40 – Water regime monitoring is based on an extensive network of surface water level and flow stations and groundwater bores across the state. A statement of obligations under the Water Act 1989 (Vic) requires waterway managers to report annually to the Minister for Water on the implementation of RRHSs, related action plans and resource condition. The Catchment and Land Protection Act 1994 (Vic) requires catchment management authorities to report on the condition and management of land and water resources in their region in their annual reports. Under the Water Act 1989 (Vic), the Department of Environment and Primary Industries (DEPI) is required to include an update on any SWSs in its annual report, reporting on strategy implementation and the prioritisation of actions. For bulk entitlements, all water businesses produce annual reports that cover the amount of water returned to waterways, storage inflows, volumes in storage, passing flows and compliance with environmental flow provisions, if applicable. The Victorian River Health Program report cards have tracked progress against targets set in the Victorian River Health Strategy in 2005 and 2010 and were publicly released but are no longer available online. The Victorian Waterway Management Strategy (VWMS), released in October 2013, replaces the Victorian River Health Strategy. Statewide aspirational targets are outlined in the VWMS, which specifies that report cards on progress against targets will be produced in 2016 and 2020. Licensing authorities are also required to report on the implementation of management plans for WSPAs, including groundwater and streamflow management plans, in their annual reports covering compliance with entitlements and monitoring of streamflow at specific sites. NWI actions NWI paragraph Commentary 2014 For groundwater management plans, urban groundwater licence holders are required under the Water Act 1989 (Vic) to report to their licensing corporations against their licence conditions. This requires reporting on the groundwater level, extraction volumes, salinity, and the surface water and riverine environment connected to the groundwater resource. For all other groundwater entitlements, there is no monitoring and reporting on the implementation of a groundwater management plan, but the metered use for each groundwater management unit is reported publicly on DEPI’s Groundwater Online website. The Water Act 1989 (Vic) currently requires long‑term water resources assessment every 15 years to establish whether any decline in the long‑term availability of surface water or groundwater has occurred. Where such a decline has been demonstrated, the legislation requires a review to be undertaken to identify ways to restore river or aquifer sustainability. This 15‑year resource assessment is under consideration as part of Victoria’s review of the Water Act 1989 (Vic). The Victorian Catchment Management Council (VCMC) also reports every five years on the environmental condition and management of Victoria’s land and water resources, through the VCMC Catchment Condition Report. Substantially complete addressing overallocation as per NCC commitments. Substantial progress towards adjusting all overallocated and/or overused systems. 41, 43–45 41— See NWI paragraph 26 for detail on progress. 43 – Victoria has advised that it does not explicitly identify water systems as being overallocated or overused, however the water or flow stress of systems is assessed (e.g. in SWSs). National Water Commission The Water Act 1989 (Vic) currently specifies the creation of SWSs, bulk entitlements, waterway management plans and groundwater and streamflow management plans. All high competition areas in Victoria have water planning arrangements to manage extractions for returning the volume of extraction to environmentally sustainable levels. For most groundwater and surface water systems a cap has been put in place which limits how much water can be allocated for use. Extraction limits, or permissible consumptive volumes, are limits that have been set for those systems by the Minister for Water. Sustainable diversion limits are applied to water use in Victorian unregulated systems. 229 230 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 For groundwater and unregulated river systems, WSPAs were established where there is considerable use and the potential for water stress. The Water Act 1989 (Vic) requires management plans to be prepared to protect the groundwater or surface water resources in the WSPA. Several WSPAs have no final statutory management plan prepared, and in some cases where they exist the development process has taken several years. In the absence of a statutory management plan, rural water corporations use licence conditions to manage the resource and will develop local management rules which cover management and trading arrangements. Local management rules are also used in groundwater management areas (GMAs) where groundwater has been intensively developed or has the potential to be. Groundwater levels in GMAs are monitored quarterly via the DEPI State Observation Bore Network. The Western Region and Gippsland Region SWSs considered the need and benefit of preparing a statutory management plan in existing WSPAs that do not currently have a plan. The abolition of some WSPAs was flagged in these SWSs and a number have been abolished or are recommended to be abolished on the basis that they were not highly stressed and did not meet the criteria for declaring or continuing a WSPA. There are also WSPAs proposed for abolition which under the SWSs were to be maintained. The process to identify these additional WSPAs is unclear. Around half of the WSPAs created are now abolished or proposed to be abolished. Any WSPA without a management plan will be abolished on commencement of the new Water Act 1989 (Vic). Where a management plan exists, it will be reviewed in accordance with the review period specified in the plan. If the review recommends continuation of a statutory plan this will be in the form of the Water Resource Management Order. Victoria intends to use local management plans where licensed extraction is not the main cause of stress and Water Resource Management Orders where licensed extraction is the issue. Local management plans (LMPs) have been prepared for all groundwater areas in southern Victoria that do not have a statutory management plan. These are contained within Groundwater Catchment Statements and are a documentation of current policies and powers under the Water Act 1989 (Vic). They do not contain all elements set out in the Western SWS policy, but are to be reviewed in five years. 44 – Since December 2011 a range of water recovery projects have resulted in the creation of 101.7 GL/year in environmental entitlements held by the VEWH (includes 3.8 GL/year in the Murray system from modernisation programs undertaken by NSW under The Living Murray program). This water is in addition to the measures undertaken by the Australian Government to recover Commonwealth environmental water. NWI actions NWI paragraph Commentary 2014 A range of on‑farm water savings projects have been undertaken with investment from both the Australian and Victorian governments, in conjunction with irrigators. Through implementation of projects funded by the Commonwealth’s On‑Farm Irrigation Efficiency Program (OFIEP) (rounds 1 and 2) and the Northern Victorian Irrigation Renewal Project (now the G‑MW Connections Project) (stages 1 and 2), it is estimated that 104,900 ML of water used on‑farm has been saved. Of this 55,400 ML has been transferred to the relevant investing government. Further on‑farm projects are due to be funded over 2013–18 by the $100 million Victorian Farm Modernisation Project. Private service delivery agents have also been granted funding through the Commonwealth OFIEP to deliver water savings projects in Victoria. 45 – See actions associated with NWI paragraph 97 for more detail. Risk assignment framework to be implemented immediately for all changes in allocation not provided for in overallocation pathways in water plans. 46–51 46– 51 – As allowed for under NWI paragraph 51, Victoria has opted not to apply the Commonwealth risk‑assignment framework and the Water Act 1989 (Vic) does not assign risk. Principles in the Western SWS state that as far as possible risk will be assigned to those best equipped to manage it. Currently, under section 33AAB of the Water Act 1989 (Vic) water rights can be permanently qualified following a 15‑year water resource assessment to identify if any long‑term reduction in water availability has occurred, and whether this has fallen disproportionately on water users or the environment. The draft water bill does not contain this requirement. While risks are not assigned and compensation is not set in the Water Act 1989 (Vic), water users are provided with mechanisms which assist them to manage their own risk to a degree, including carryover rules, a well‑established trading framework, and the provision of information about seasonal outlooks, water levels and other data that assists with planning water resource use. National Water Commission Water plans to address Indigenous water issues. 52–54 52–54 – Victoria does not have specific cultural water entitlements. The legislative provision for Indigenous water occurs through section 8A (Rights) of the Water Act 1989 (Vic), which recognises the right to take water under the Traditional Owner Settlement Act 2010 (Vic). Where a natural resource agreement has been entered into, traditional owner groups can take and use water from a waterway or bore for traditional purposes, being the purposes of providing for any personal, domestic or non‑commercial communal needs of the members of the traditional owner group entity. 231 232 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 In March 2013 the Dja Dja Wurrung Recognition and Settlement Agreement was made and includes a Water Authorisation Order which lasts for a five‑year term and provides for members of the Dja Dja Wurrung to take and use water from a waterway or bore for any traditional purposes as noted above. Victoria also has settlement agreements under the Native Title Act 1993 (Cwth) with the following traditional owner groups which provide for access to water as a recognised right from a waterway or bore for traditional purposes: • Gunditjmara (2007) – NTA • Gunaikurnai (2010) – NTA • Gunditjmara (Part B) and Eastern Maar (2011) – NTA. Indigenous stakeholders were consulted in the development of the SWSs and the VWMS. The VWMS’s overarching management objective is to provide the level of environmental condition needed to sustain key environmental, economic and social values (including Indigenous cultural values). It includes a chapter on Indigenous involvement in waterway management and recognises Aboriginal cultural values in regional planning processes for waterways. It also includes a requirement for traditional owners to be involved in the development of future regional Waterway Strategies and research to identify Indigenous values associated with waterways and incorporate them into regional planning processes. In the development of seasonal environmental watering proposals for priority waterways, catchment management authority consultation can include traditional owner group representation. While the primary purpose of environmental entitlements is to achieve environmental benefits, the VWMS states that where consistent with achieving environmental benefit, environmental water managers must also consider whether economic, social and cultural benefits can be achieved. DEPI, Parks Victoria and several catchment management authorities have Indigenous reference groups to provide input and advice towards their decision‑making processes. NWI actions Implementation of measures to address water interception by land use change activities on a priority basis in accordance with water plans. NWI paragraph Commentary 2014 55–57 55–57 – In Victoria the water planning framework identifies and takes into account interception activities. Interception is identified as a risk to water availability in SWSs and addressed to some extent in streamflow management plans and groundwater management plans. The Northern Region SWS states that interception activities, such as plantations, are a possible threat to water resources. The Western Region and Gippsland Region SWSs set out community and stakeholder consultation options for managing the water impacts of land use change activities. Victoria’s draft water bill contains several proposals to manage interception activities. These include: • enabling the Minister for Water to declare and manage ‘intensive management’ areas where more active management is required to protect other water users and the environment • recognising the rights to existing use in declared areas but controlling expansion of forestry developments covering at least 20 ha or more than 10 per cent of a property, whichever is greater. The Western SWS proposes intensive management areas for some locations in western Victoria. Proposals in the draft bill do not apply to existing plantation activities. Farm dams used for irrigation require a water access entitlement and recent changes to the Water (Irrigation Farm Dams) Act 2002 require new or altered domestic and stock dams to be registered in rural residential areas, which assists with usage estimation and monitoring of changes in use (to inform decisions about the need for changed management in future). A ‘take and use’ licence is required for all farm dams supplying water for irrigation and commercial uses and for all domestic and stock dams that are built on waterways. A licence is required for the construction of any bore, however there is no requirement to licence use from a bore if it is only for stock and domestic purposes. National Water Commission 233 234 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Water access entitlement and planning framework Adoption of publicly accessible, compatible systems for registering water access entitlements and trades consistent with Schedule F: • pathways leading to full implementation • full implementation. 59 59 – The Water Register provides public online information about water entitlements and their ownership, and the prices and volumes traded on the water market. The Water Register: • holds water shares recorded by the Victorian Water Registrar, together with mortgages and limited‑term transfers (leases) relevant to these water shares • holds records of licences to take and use surface water and groundwater • holds records of works‑related licences • records water allocations that are available in the current season • tracks and reconciles volumes of water entitlements by water system and trading zone • holds water use licences and delivery shares that are managed by water corporations • includes workflows to process water dealings, and keeps audit trails • generates statistics and reports on levels of use, directions of trade, and prices paid. Responsibility for the register is shared between an independent Victorian Water Registrar, DEPI, and rural water corporations. Establish compatible institutional and regulatory arrangements that facilitate trade, consistent with principles in Schedule G: • remove institutional barriers to trade • remove barriers to temporary trade • remove barriers to permanent trade • no imposition of new barriers to trade 60 60 – Nineteen surface water hydrological zones have been established in Victoria for regulated and unregulated systems. Trading rules exist to limit trade into or out of an irrigation district in response to hydrological constraints, to avoid detrimental impacts on third parties, the environment, or both. From 11 April to 1 July 2011, allocation trade was suspended on trades between NSW and Victoria and from the Loddon, Goulburn and Campaspe systems to the Murray or interstate, due to storage capacity issues and state entitlement flow considerations. This was considered in a 2012 review of the carryover rules that apply on the Murray, Goulburn and Campaspe systems. The review was undertaken with the aim of avoiding sudden trade suspensions and new trading rules have been introduced which will manage storages to achieve this aim. In unregulated systems, surface water take and use licences are attached to land and remain so, even if the licence is traded, however these licences can be traded within the same catchment subject to certain restrictions. NWI actions NWI paragraph Commentary 2014 Once a catchment is declared a WSPA, all water trading into and out of it is suspended until the approval of a draft management plan. A number of WSPAs remain without management plans, allowing only for temporary trade in those areas. Victoria’s 2012 Groundwater Management Framework aligns groundwater management boundaries with groundwater catchments and covers all of the state. It allows for all users in a connected groundwater resource to be managed consistently and for water trading where groundwater is connected. Relevant parties (Commonwealth, NSW, Victoria and SA) agree to: • • 63 take necessary steps to enable the use of exchange rates and/or tagging for interstate trade Tagged interstate entitlement trade is possible in all trading zones in northern Victoria, with the exception of the Broken River, Ovens and King trading zones. reduce barriers to trade in southern Murray–Darling Basin • review actions to assess whether relevant parties have removed barriers • NWC monitor impacts of trade 63 – The Basin states have collaborated on interstate water trading issues such as exchange rate trading and tagged trade. The tagged trade method has been adopted to facilitate interstate entitlement trading. In Victoria, interstate tagged entitlement trading to and from Victoria has so far been limited, while interstate allocation trading has increased significantly due to its flexibility and also as a result of environmental water trades. Victoria removed the 4 per cent limit on trade out of irrigation areas in July 2014. Best practice water pricing and institutional arrangements National Water Commission Complete commitments under the 1994 COAG Water Reform Framework to bring into effect pricing policies for water storage and delivery in rural and urban systems. 65 65 – Victoria uses consumption‑based pricing in compliance with the NWI pricing principles agreed by COAG in 2010. Water authorities carry out key ‘on‑the‑ground activities’ required for issuing and managing licences. The Water Act 1989 (Vic) enables water authorities to charge for these activities. Fees are designed to recoup the costs associated with the provision of the service provided. Where direct expenses are incurred to provide the service, these expenses are allocated directly to the cost of the service. Indirect expenses such as office facilities and utilities, corporate services such as human resources and finance, as well as executive and board costs, generally cannot be directly attributed to particular customer groups or services. These costs are allocated based on factors such as number of assessments, causal drivers or in proportion to direct expenditure. 235 236 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Fees can vary by catchment/water system (commensurate with the nature and cost of the activities undertaken). Water authorities are required to ensure prices are efficient, which aims to eliminate cross‑subsidies. The Water Amendment (Governance and Other Reforms) Act 2012 (Vic) (Governance Act) converted the three Melbourne water retailers – City West Water Limited, South East Water Limited and Yarra Valley Water Limited – from Corporations Act companies operating under the Water Industry Act 1994 (Vic) into statutory water corporations that will all operate under the same legislation. Metropolitan: • continued movement towards upper‑bound pricing • development of pricing policies for recycled water and stormwater 66 66 (i) – All Victorian urban water authorities recover at least lower‑bound and the majority are moving towards upper‑bound pricing. 66 (ii) – The Water Industry Regulatory Order 2012 (Vic) does not have pricing principles specific to recycled water, therefore the Essential Services Commission (ESC) has regard to the NWI pricing principles. Dual‑pipe service providers are required to publish prices. Recycled water prices have risen over time to reflect higher levels of cost recovery. • review and development of pricing policies for trade wastes 66 (iii) – Since NWC’s 2011 assessment, individual water corporation trade waste price adjustments, managed within the ESC framework, have been made. No sector‑wide review of • development of national trade waste policies has been carried out. guidelines for water accounts. Rural and regional: • full cost recovery for all rural surface and groundwater‑ based systems • achievement of 66 (iv) – The National Guidelines for Residential Customers Water Accounts were endorsed at the 11th meeting of the Natural Resource Management Ministerial Council (NRMMC) and released on 24 November 2006 by Australian Government, state and territory water ministers. 66 (v) – Victoria has not provided information on cost recovery for rural surface and groundwater‑based systems. lower‑bound pricing for all rural systems in line with existing NCC commitments • continued movement Water charges levied in Victorian areas of the Basin by water corporations are regulated by the ESC as an accredited regulator for the ACCC, according to Water Charge (Infrastructure) Rules 2010 (Cwth). towards upper‑bound pricing for all rural systems, where practicable The ACCC requires regulation according to pricing principles, including pricing transparency and ensuring sufficient revenue for the efficient delivery of the required services, be used by the ESC in its 2013 Price Review. NWI actions NWI paragraph Commentary 2014 Consistent approaches to pricing and attributing costs of water planning and management. 67-68 67 — For northern Victorian water authorities, water planning and management information charges are regulated according to the Water Charge (Planning and Management Information) Rules 2010 (Cwth). Public reporting of cost recovery for water planning and management. Victoria does not have a specific water resource planning and management charge; however, funding is allocated from the environmental contribution charge for some water planning and management information activities. Certain water resource planning and management functions are delegated to water corporations, which recover their costs through water pricing. In the Victorian water industry, water planning and management costs include: • management of resource aspects of bulk entitlements • administration of licences • development and administration of SFMPs and GMPs • development of SWSs. All costs associated with broader water reform, policy development, strategy and regulation are generally borne by the Victorian Government (through DEPI). 68 – Victorian water planning and management information charges applied in the Basin, and the activities funded by them, are published on the websites of delegated authorities (including DEPI) and are monitored by the ACCC. The Victorian Environmental Contribution is subject to its own legislative requirements and is reported annually in the DEPI annual report. National Water Commission Investment in new or refurbished water infrastructure to continue to be assessed as economically and ecologically sustainable before being approved. 69 69 – The ESC assesses proposed capital expenditures of Victorian water businesses for efficiency and prudence when determining the revenue requirements of those businesses. Major investment decisions about the water infrastructure network are made within the context of guidelines set out by the Victorian Department of Treasury and Finance under its lifecycle guidance materials and under the Water Act 1989 (Vic). For significant investments, public non‑financial corporation (PNFC) entities which include water corporations are required to submit a detailed business case for the Treasurer’s approval. These business cases are reviewed and evaluated by the Department of Treasury and Finance. DEPI has developed a Water Savings Protocol for Irrigation Modernisation Projects as a means of calculating, auditing and allocating water savings generated from major irrigation modernisation projects in Victoria. 237 238 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Release of unallocated water 70-72 70–72 – No new entitlements can be issued in fully developed surface and groundwater systems. If there is unallocated water available for either surface or groundwater, under the Water Act 1989 (Vic) the Minister may grant new water shares subject to the requirements of the Act. For significant new allocations the government will establish an auction or tender process by public advertisement of the sale, and setting of a reserve price. Water savings through infrastructure investment are auctioned as high and low reliability water shares. A small number of surface water systems in southern Victoria have unallocated entitlements available for users. Environmental externalities: • • manage environmental externalities through a range of regulatory measures (such as through setting extraction limits in water management plans and by specifying the conditions for the use of water in water use licences) examine the feasibility of using market‑based mechanisms such as pricing to account for positive and negative environmental externalities associated with water use • implement pricing that includes externalities where found to be feasible 73 73 – Victoria manages environmental externalities through a range of regulatory measures including setting extraction limits and setting conditions in water use licences, including an annual use limit to manage salinity and the maximum volume of water in an irrigation season that may be used on the land described in a water use licence or water use registration. The Minister of Water determines an environmental contribution which is levied on all Victorian water businesses under the Water Industry (Environmental Contributions) Act 2004 (Vic) and paid into the Victorian Government’s consolidated fund. These charges are levied to fund various water planning and management activities captured by the rules, including water‑related initiatives that seek to promote the sustainable management of water and address the consequential adverse impacts to the environment associated with the provision of water‑based services. The authorities pass costs onto customers through water charges, which are regulated by the Essential Services Commission (ESC). The Minister must prepare a report setting out details of the expenditure of all money paid as environmental contributions by water supply authorities in that financial year, provided in DEPI’s annual report. The Mallee irrigation region has salinity protocols which originated in the Nyah to SA Border Salinity Management Plan 1993. Developers of new, although not existing, irrigation pay a levy based on the magnitude of impact on river salinity, which covers the cost of management. In Salinity Impact Zones, ministerial determinations can also require a levy to offset salinity impacts generated on land not previously irrigated. NWI actions NWI paragraph Commentary 2014 Benchmarking efficient performance: • independent, public, annual reporting of performance benchmarking for all metropolitan, non‑metropolitan and rural 75-76 75 – Victoria has provided benchmarking information for inclusion in the National Performance Reports on urban water utilities and rural water service providers. At the time of writing, the future of this reporting is uncertain. • 76 – The ESC recovers all its annual operating costs through licence fees paid by the water utilities. The fees include Victoria’s share of costs for the production of the National Performance Reports. The cost of performance data audits is borne by the water utilities. water delivery agencies develop nationally consistent report framework. Independent pricing regulator: 77 • independent pricing bodies to set and review prices or pricing processes for water storage and delivery and publicly report 77 – The ESC is Victoria’s independent economic regulator. The ESC regulates prices and fees charged by water corporations for issuing and managing licences, and monitors service standards and market conduct. The Water Industry Regulatory Order (WIRO) sets out the regulatory approach that the ESC is required to adopt in assessing the prices and revenues proposed by the water businesses. The WIRO does not apply to pricing determinations made by the ESC with respect to Murray–Darling Basin water charges levied by Goulburn‑Murray Water (G‑MW) and Lower Murray Water. Water corporations are required to prepare a five‑year water plan which, among other things, outlines pricing for surface water and groundwater. The plans must be approved by the ESC which assesses revenue required over that period, and approves or determines the manner in which prices will be set. National Water Commission 239 240 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Integrated management of environmental water Recognising the different types of surface water and groundwater systems: • effective and efficient management and institutional arrangements • to ensure the achievement of environmental outcomes; and • where it is necessary to recover water to achieve environmental outcomes, to adopt the principles for determining the most effective and efficient mix of water recovery measures. 79 79 (i) a) – The VEWH manages the state’s environmental entitlements (created via projects to recover additional water for the environment), but not the entire EWR (i.e. not passing flows or above‑cap water). The VEWH decides on the most effective use of the Water Holdings, including use, trade and carryover. Victorian sites may also be allocated environmental water from other sources, including The Living Murray (TLM) program, the Commonwealth Environmental Water Holder (CEWH) and through donations from individuals, community groups and other organisations. The VEWH coordinates the use of TLM and CEWH water entitlements in Victoria to maximise environmental outcomes. Victoria’s waterway managers are responsible for local planning and the delivery of environmental water holdings. They also have a role in planning for the broader EWR. Catchment management authorities undertake flow studies for regulated rivers identified as a priority in their particular RRHS. They are also preparing long‑term environmental water management plans and seasonal watering proposals, which are considered by the VEWH in the development of the seasonal watering plan. Watering is implemented through catchment management authorities and other partners such as water corporations. 79 (i) b) – Victoria has established management and institutional arrangements to ensure the achievement of environmental and other public benefit outcomes for resources shared with other jurisdictions, including: • Intergovernmental Agreement on Murray–Darling Basin Reform 2008 • Intergovernmental Agreement on Implementing Water Reform in the Murray–Darling Basin 2013 • the Water (Commonwealth Powers) Act 2008 (Vic), which refers powers to the Australian Government in order to implement the MDB‑focused Water Act 2007 (Cwth) • the Further Agreement on Addressing Water Overallocation and Achieving Environmental • • • Objectives in the Murray–Darling Basin: Control and Management of Living Murray Assets 2009. the Intergovernmental Agreement on Addressing Water Overallocation and Achieving Environmental Objectives in the Murray–Darling Basin 2004 and the Supplementary Agreement 2006 the Snowy Water Inquiry Outcomes Implementation Deed, the Snowy Water Licence, the Snowy Scheme Long Term Arrangements Deed and the Snowy Bilateral Deed the 1985 Border Groundwaters Agreement (updated 2005). NWI actions NWI paragraph Commentary 2014 79 (i) c) – Surface water and groundwater are defined in the Water Act 1989 (Vic) and their connectivity is explicitly recognised. Connectivity must be taken into account in the assessment of individual licence applications. SWSs recognise the importance of managing groundwater/surface water interactions. The Upper Ovens River Water Supply Protection Area Water Management Plan (2012) is the first conjunctive management plan in Victoria and explicitly integrates surface and groundwater management. National Water Commission 79 (i) d) – There are a number of requirements to report on the achievement of environmental and other public benefit outcomes, including the following: • Environmental watering in Victoria, an annual report prepared by the VEWH, details the outcomes of environmental watering programs across the state that use environmental water from Victorian water entitlements, TLM, the CEWH and donated water. Details of environmental watering activities are also provided on an annual basis in the Victorian Environmental Watering Booklets which are available in hard copy and online. The latest report produced covers 2012–13. Delivery partners, including Melbourne Water and catchment management authorities, also provide information on environmental watering activities through their annual reports. • The Victorian Environmental Flows Monitoring and Assessment Program (VEFMAP) provides a method for relevant waterway managers to monitor and report on environmental flow outcomes over the long term for eight major regulated river systems in Victoria. Victoria has reported that the analysis stage in the development of VEFMAP is close to completion, and outcomes on the assumptions underlying environmental watering will soon be made available. Public reporting of VEFMAP is not mandatory. • For unregulated systems, streamflow is monitored under SFMPs, which are required to be reviewed against their objectives at a frequency of not less than five years. However, the plans do not monitor stream health, and state that they ‘will not attempt to demonstrate any environmental improvements from implementation of environmental flows’. Rather, water resource health is monitored through state and CMA processes (eg Index of Stream Condition). Since the initial SFMPs were put in place in 2003, there have now been six reviews completed and reported as part of their annual reports. Reviews have identified issues, however changes are not always recommended in response to findings due to the need for a statutory process to amend the plans, for example addressing small volumes of overallocation in Stringybark Creek, the adequacy of existing plans to achieve environmental objectives, and the ability to address minor issues over time. 241 See also actions associated with NWI paragraph 40 for more detail. 242 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 79 (i) e) – Under the Water Act 1989 (Vic), environmental water held as an entitlement can be traded on the temporary water market if it is not required to achieve environmental or other public benefit outcomes. Rules‑based environmental water cannot be traded. 79 (i) f) – Victoria has participated in the development of the draft national high ecological value aquatic ecosystems (HEVAE) framework and has adopted the framework’s approach. HEVAEs are included in priority setting processes for catchment management authority waterway management. 79 (ii) – Victoria has adopted a mix of water recovery measures to achieve modified environmental and other public benefit outcomes in surface water systems that are fully utilised. The measures include specific initiatives (TLM), efficiency gains through improved infrastructure (Wimmera Mallee Pipeline and the G‑MW Connections Project), water buybacks and the management of existing entitlements. Waterway managers participate in the various planning processes (such as sustainable water strategies and water management plans) regarding water sharing and any additional water recovery that might be required for the environment. This includes investigating ways to achieve environmental water outcomes without additional water (e.g. the use of structural works). The program of river restoration activities undertaken by waterway managers seeks to improve the environmental condition of waterways via non‑water related on‑ground activities including the construction of fishways, riparian and in‑stream works. Victoria is not employing water recovery measures in any groundwater system, but has advised that groundwater systems have limits placed on allocation through a range of processes, including qualifications specified in groundwater management plans, water shortage declarations or allocation determinations by water authorities as part of licence conditions. Victoria is currently embarking on a program to identify and prioritise groundwater‑dependent ecosystems that may be affected by groundwater use. NWI actions NWI paragraph Commentary 2014 81 81 – Victoria has participated at a national level in the development of national water accounting standards and reporting frameworks, including the Water Accounting Conceptual Framework, the General Purpose Water Accounting Reports and the Australian Water Accounting Standards 1 (AWAS 1). Water resource accounting Benchmarking of accounting systems Victoria uses AWAS 1 and the Water Accounting Conceptual Framework in providing data to the Bureau of Meteorology (BOM) for the general purpose water account. Victoria participated in the development of the AWAS 2. Consolidated water accounts: • develop and implement robust water accounting • identify situations where close interaction between surface and groundwater exist to integrate the accounting of groundwater and surface water use. 82-83 82 – DEPI produces the Victorian Water Accounts (VWA) which provide an annual overview of water availability and use across Victoria at bulk supply level, including a detailed water account for each of the state’s 29 river basins. The accounts also provide information on water set aside for environmental purposes from the Victorian water entitlement and allocation framework. Published in hard copy and on the DEPI website, the VWA also provides assessments of rainfall, streamflow and groundwater levels, as well as water storage information. 83 – The Water Register is the public register of all water‑related entitlements in Victoria. It records: • who has been issued with water shares and the reliability, tenure, location and holding in megalitres for each water share • how much water has been allocated against water shares, how much has been used, and where it was used • registered interests in water shares, such as mortgages and leases. National Water Commission It also provides summary reports on volume of water shares in each water system, annual allocation, use and the trading history, including average prices for each water system. A water share transaction can be lodged online with a trading rules engine. The register allows for trading between groundwater and surface water systems where trading is permitted by a management plan. 243 NWI paragraph Commentary 2014 Environmental water accounting: • develop an environmental water register and annual reporting arrangements • apply the environmental water register and annual reporting arrangements. 85 85 (i) – The VEWH is required to report on the volume of water released, delivered and used at each of the environmental watering sites. As water is allocated to, or delivered from the entitlements, these amounts are recorded on the Victorian Water Register. Implement information measures 86 86 – See actions associated with NWI paragraph 81. 87-88 87–88 – Victoria’s 2010 Implementation Plan for Non‑urban Water Metering identified agency 188 Australia’s water blueprint: national reform assessment 2014 NWI actions Metering and measuring actions: • develop metering and measuring actions • implement metering and measuring actions. 85 (ii) – DEPI reports annually on the environmental watering program in the Victorian Water Accounts, which include water set aside through entitlements, passing flow requirements, SFMPs, GMPs, and water leaving the Murray-Darling Basin. metering responsibilities and the dates by which the actions are required. Under the implementation plan, an estimated 18,924 meters are to be upgraded and a further 7523 meters installed. Victoria’s business case for the program is pending Commonwealth approval. Without funding, meter upgrades will not occur before the end of their useful life. A draft policy which seeks to clarify existing obligations and support the rural water corporations in non‑urban metering implementation was released for comment in March 2014. National guidelines on water reporting: • develop and apply national guidelines on water reporting covering the application, scale, detail and frequency for open reporting. 89 89 – Victoria is participating in the development of the Environmental Water Accounting Standards through the National Water Accounting Committee. In conjunction with other jurisdictions, Victoria has agreed the framework and arrangements for the National Framework for Non-urban Water Metering (2010). Also see actions associated with NWI paragraph 81. NWI actions NWI paragraph Commentary 2014 91 91 (i) – The Water Efficiency Labelling and Standards (WELS) scheme is a joint initiative of the Australian and state and territory governments. The Water Efficiency Labelling and Standards Act 2005 (Cwth) provides the legal framework for the scheme. Victoria has enacted complementary legislation (the Water Efficiency Labelling and Standards (Victoria) Act 2005). Urban water reform Implementation of demand management measures, including: • implementation and compliance monitoring of WELS, including mandatory labelling and minimum standards for agreed appliances • develop and implement ‘Smart Approved WaterMark’ for garden activities • review effectiveness of temporary water restrictions and associated public education strategies, and consider extending low‑level • restrictions to standard practice implement management responses to water supply and discharge system losses including leakage, excess pressure, overflows and other maintenance needs 91 (ii) – The Smart Approved WaterMark is a not‑for‑profit organisation established by four associations: the Australian Water Association, Irrigation Australia, the Nursery and Garden Industry, Australia and the Water Services Association of Australia. It is overseen by a steering committee with representation from the Australian and state and territory governments, water utilities, the four governing associations, and the chair of the Technical Expert Panel (an independent panel which assesses applications to the scheme). Project establishment was finalised in 2011 and a report on the delivery of the Smart Approved WaterMark was provided to the Department of the Environment. The program continues to provide product efficiency ratings to consumers. 91 (iii) – Water restrictions are managed by Victoria’s urban water corporation and are only applicable to customers on a reticulated supply. These restrictions do not apply to the use of recycled, reclaimed, rain or grey water except where it is supplemented in any way by drinking water. National Water Commission The Victorian Government’s revised permanent water saving rules took effect on 16 December 2011 following a statewide review of Victoria’s Uniform Water Restriction and Permanent Water Saving Rules, instigated as a result of the extended drought. These apply across Victoria and form part of each water corporation’s permanent water saving plan. The rules do not preclude water restrictions during drought periods, but are intended to assist with efficient water use in the long term. The updated restrictions will be used when required to balance demand during times of water shortage. Each urban water corporation is required to prepare a drought response plan for urban systems under their statement of obligations. The drought response plan is intended to govern the management of the supply of water in a drought or when water is limited. The plan may include regulating water use via a by‑law for water restrictions. 245 246 Australia’s water blueprint: national reform assessment 2014 NWI actions Encourage further innovation in urban water use including: • develop and apply national health and environmental guidelines for water sensitive urban designs for recycled water and stormwater • develop national guidelines for evaluating options for water sensitive urban developments in both new urban sub‑divisions and high rises • evaluate existing water • • sensitive urban icon developments review institutional and regulatory models for integrated urban water cycle planning and management and develop best‑practice guidelines review incentives to stimulate innovation. NWI paragraph 92 Commentary 2014 92 – Victoria has participated in national level working groups and committees to develop the Australian Guidelines for Water Recycling: Managing Health and Environmental Risks (2009) which address water quality guidelines for recycled and stormwater use. Victoria also participated in the production of the Commission’s national review of water restrictions. The Office of Living Victoria (OLV) was established in 2012 to deliver Victoria’s next iteration of urban water reform. It administers the $50 million Living Victoria Fund to support the development of Integrated Water Cycle Management (IWCM) projects across Victoria. The fund is not designed to support large‑scale capital projects, or operational or recurrent project needs. OLV recently released the draft Melbourne’s Water Future Strategy which aims to develop ‘an integrated and resilient water system, which is planned and managed to support liveable and sustainable communities, protect the environmental health of urban waterways and bays, provide secure water supplies efficiently, protect public health and deliver affordable essential water services’. The draft proposes a number of actions, for example the development of local and regional water cycle plans for Melbourne by 2014, a regulatory impact statement that considers the net community costs and benefits of implementing new controls to improve new building water performance, establishing new objectives for the water authorities and adopting a statewide approach to valuing the non‑financial benefits of innovative water projects. OLV’s Living Victoria Water Rebate Program, launched in 2012, expanded previous rebates to include a range of water efficient appliances, plumbing retrofits, and water efficiency items. OLV is currently undertaking a review of knowledge, research and innovation in the water sector, and is partnering with research agencies and institutions, such as the CRC for Water Sensitive Cities. NWI actions NWI paragraph Commentary 2014 Community partnerships and adjustment Open and timely consultation with all relevant stakeholders in relation to: • pathways for returning overallocated systems to sustainable extraction levels, periodic review of water plans, and other significant decisions affecting the security of water access entitlements. 95 95 – Victoria consulted stakeholders widely as part of the development of its SWSs, Melbourne’s Water Future Strategy and the new Victorian Waterway Management Strategy. Community consultation is required under the Water Act 1989 (Vic) during periodic reviews of SWSs, long‑term resource assessments and management plans for WSPAs. For WSPA management plans, the Minister appoints a consultative committee of stakeholder representatives to develop the plans. The committee must consult the community, including Indigenous communities, during development. In WSPAs where local management rules are being implemented, stakeholder consultation is not required to the same extent as for water management plans; for example, rules are not developed through stakeholder representative groups and do not require public consultation. Bulk entitlements are established through an engagement process and include hydrological and environmental assessments. Requests to allocate new environmental entitlements or amend existing entitlements are advertised in local newspapers and on DEPI’s website. The process may involve consultation with stakeholders and local communities and submissions to DEPI to identify all the potential impacts of the proposal. The Minister for Water may call for submissions when a request is received, and will consider any submissions before making a decision. Environmental Watering Advisory Groups or equivalent processes were used by relevant waterway managers to provide input into environmental water planning and implementation processes. National Water Commission Stakeholders with an interest or role in environmental watering in the relevant regulated catchments are consulted in the development of annual environmental watering priorities for the waterway manager’s seasonal watering proposals. These include water authorities, the CEWH, land managers and the Murray–Darling Basin Authority. The Victorian Government convened a 33‑member group to provide input and advice on the development of the Basin plan. The Basin Plan Advisory Group included community, industry, environment, local government and Indigenous representatives. 247 248 Australia’s water blueprint: national reform assessment 2014 NWI actions Provision of accurate and timely information to all relevant stakeholders in relation to the progress of water plan implementation and other issues relevant to the security of water access entitlements. NWI paragraph 96 Commentary 2014 96 – SWS implementation and prioritisation of actions is reported through DEPI’s annual report and on its website. Overall progress of the SWS actions is not clear from these reports as they do not contain specifics on all actions completed or if timeframes have been met. The Water Act 1989 (Vic) requires annual reports for each SFMP and GMP to be prepared by the authority responsible. The reports detail activities in administering and enforcing each management plan. DEPI’s online Monthly Water Report provides a summary of the status of Victoria’s water resources and water supplies at the end of the reporting month. It provides information on rainfall, streamflow, water storage levels, irrigation allocations, restrictions on unregulated streams, the EWR and seasonal outlooks. Information on groundwater levels for the report is updated on a quarterly basis. The Victorian Water Resources Data Warehouse provides online access to information on water quality and quantity throughout the state. DEPI produces Victorian Water Accounts which provide an annual overview of water availability and use across Victoria at bulk supply level, including a detailed water account for each of Victoria’s 29 river basins. Some water corporations produce publicly available annual local water reports at a basin level, which provide information on rainfall, river flow and groundwater level trends, restrictions, the number of irrigation licences and their use and emerging local water issues. See also NWI paragraph 79 (i) d) for further details. NWI actions Address significant adjustment issues affecting water access entitlement holders and communities that may arise from reductions in water availability as a result of implementing the NWI. NWI paragraph Commentary 2014 97 97 – Both the Australian and Victorian governments have invested in on‑farm water savings projects. The Australian Government has begun Round 2 of the Strategic Water Purchase Initiative in Victoria with a budget of up to $5 million. The initiative aims to pursue environmental water purchase opportunities arising from the decommissioning of channels involved in the roll‑out of the G‑MW Connections Project. Victoria provides support for adjustment processes through incentives for whole farm plans under the Linking Farms and Catchments to Modernisation Stage 2 initiative ($5.5 million over four years). As part of this, DEPI provides support to irrigators in relation to the modernisation and reconfiguration of their supply system to improve irrigation efficiency and work towards bridging the gap to Basin plan SDLs. The G‑MW Connections Project to modernise irrigation systems in the region began in 2007 as the Northern Victoria Irrigation Renewal Project (NVIRP). In October 2011, the Australian and Victorian governments signed an agreement for $1.216 billion investment from the Commonwealth, building on the $1 billion first stage of the project, which was funded by the Victorian Government, Melbourne Water and irrigators. Each investor receives a defined share of the water savings achieved from improving the efficiency of the channel delivery network. Of these, the Australian and Victorian governments’ shares of the water savings become environmental entitlements. When complete, 214 GL of water savings will be transferred to the Commonwealth as environmental entitlements. Further on‑farm projects are due to be funded over 2013–18 by the Commonwealth through the National Water Commission Victorian Farm Modernisation Project under which 55 per cent of water savings are provided to the Commonwealth for the environment and the remaining 45 per cent to participating Goulburn‑Murray irrigators. Other private service delivery agents have also been successful in gaining funding through the Commonwealth On‑Farm Irrigation Efficiency Program, to deliver water savings projects in Victoria. 249 250 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Knowledge and capacity building Science priorities and research: • identify the key science priorities to support implementation of the NWI and where this work is being undertaken • implement any necessary measures to ensure the research effort is well coordinated and publicised, and any gaps are addressed. 101 101 – A range of environmental monitoring and research programs is coordinated through DEPI, including the Index of Stream Condition, the Index of Wetland Condition, the pilot Index of Estuary Condition and Victorian contributions to the Murray–Darling Basin Ministerial Council’s Sustainable Rivers Audit. Research projects are also conducted via catchment management authorities through the Victorian Investment Framework and TLM program. Since 2005, Victoria has invested more than $6 million in VEFMAP, which aims to monitor ecosystem response to environmental flows. VEFMAP aims to establish a statewide framework for environmental flows monitoring in nine high‑priority regulated rivers. Queensland NWI actions NWI paragraph Commentary 2014 Water access entitlement and planning framework Implementation of the 26-27 framework: • substantial completion of plans to address any existing overallocation for all river systems and groundwater resources in accordance with commitments under the 1994 COAG Water Reform Framework • legislative and administrative regimes amended to incorporate the elements of the entitlements and allocation framework in this agreement. 26 – At the commencement of the NWI, Queensland did not have any overallocated systems to address under the 1994 COAG Water Reform Framework, however undertook to complete 23 water resource plans (WRPs) to provide for the allocation and sustainable management of water in priority catchment areas. Queensland has finalised all 23 WRPs, with resource operations plans (ROPs) in place to implement the WRPs in all but the latest plan area, the Wet Tropics. ROPs specify water sharing arrangements, trading rules, infrastructure operating rules (including environmental flow releases) and monitoring and reporting requirements. Queensland has also signalled its intention to develop a Cape York WRP, with a draft strategy available for public consultation. The Queensland Government has announced a strategic review of the Water Act 2000 (Qld), one aim of which is to review the water resource planning process to remove duplication and rationalise timeframes associated with the current two plan process. The inclusion of groundwater resources into WRPs is in progress based on risk. Overallocation for identified groundwater systems is being progressively addressed (see comments against NWI paragraphs 43–45). 27 – The Water Act 2000 (Qld) establishes an NWI‑consistent statutory planning framework. National Water Commission Water access entitlements to be defined and implemented. 28-34 28–33 – Under the Water Act 2000 (Qld) Queensland’s water resources are allocated and managed through water access entitlements in areas where there is a WRP and associated ROP. ROPs are in place for all WRPs except the Wet Tropics. The water resource planning process provides for water entitlements to convert to water allocations which are separate from land and are tradeable. Recent amendments have been made to the Water Act 2000 (Qld), which extend the expiry date of existing licences and new licences to 30 June 2111, unless otherwise specified in a WRP or a ROP. 251 252 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 34 – Water extraction for petroleum and gas production is authorised under the Petroleum and Gas (Production and Safety) Act 2004 (Qld) and the Petroleum Act 1923 (Qld). Water rights under the Petroleum and Gas (Production and Safety) Act 2004 (Qld) for coal seam gas (CSG) activities are non‑volumetric, non‑perpetual, not tradeable and are connected to the land (a petroleum tenement). Water extraction rights for petroleum and gas production are outside of Queensland’s water planning and entitlement system. Queensland has signed the National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development (2012). Under the Agreement, Queensland must refer a CSG or coal mining proposal to the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Developments (IESC) for advice if the proposal is likely to have a significant impact on water resources, either in its own right or cumulatively with other actions. Advice from the IESC informs decision‑making on state and Commonwealth approvals and conditions. The Queensland Government does not support the proposition that water management for unconventional gas should be fully integrated with states’ water planning and entitlement arrangements for other uses. Queensland is of the view that NWI paragraph 34 is applicable to ‘associated water’ use for the resources sector. NWI paragraph 34 recognises that ‘there are special circumstances facing the minerals and petroleum sectors that will need to be addressed by policies and measures beyond the scope of the NWI’. Water to meet environmental and 35 other public benefit outcomes identified in water plans to be defined, provided and managed. 35 (i) and (ii) – In Queensland environmental water provisions are predominantly provided through a rules‑based framework with planned water embedded into sharing rules contained in WRPs and ROPs. As required by the Water Act 2000 (Qld) ecological outcomes are included in WRPs with strategies intended to achieve these outcomes included in WRPs and ROPs. ROPs specify water sharing arrangements including environmental flow releases. The Water Act 2000 (Qld) was amended through the Water and Other Legislation Amendment Bill 2011 (assent date 24 November 2011) and allowed the Commonwealth Environmental Water Holder (CEWH) to acquire and hold water licences (e.g. groundwater and overland flow) separate to land. NWI actions NWI paragraph Commentary 2014 The CEWH now holds water entitlements for several rivers in the Queensland Murray–Darling Basin. During 2012–13, Queensland established administrative and operational pathways for the Commonwealth to start recovering groundwater and overland flow licences for environmental purposes separate to land. A water management plan was declared for the Upper Condamine Alluvium in August 2012, and is recognised as an Interim WRP under the Water Act 2007 (Cwth). The plan provides for trading of relocatable groundwater licences in this area. The plan allows groundwater licence holders to be eligible to participate in the Commonwealth’s water purchasing program Restoring the Balance in the Murray–Darling Basin. Additionally, engagement with the Commonwealth during 2012–13 led to Queensland expanding the scope of the eligibility criteria for its Healthy HeadWaters Water Use Efficiency program (for water recovery) in order to improve participation. 35 (iii) – Rules‑based water is not held as an entitlement and cannot be traded. Water entitlements can be purchased and used for environmental purposes. Water plans to be prepared along the lines of the characteristics and components at Schedule E based on the following priorities: 39–40 39 – Queensland water planning processes are NWI consistent. In preparing WRPs, technical assessments are prepared on relevant social, economic and environmental factors. Community submissions are invited during development of the WRP and ROP and a publicly available report records the outcomes of issues raised and the reasons for the decisions taken. National Water Commission • plans for systems that are overallocated, fully allocated or approaching full allocation 40 – In accordance with the requirements of the Water Act 2000 (Qld), the Minister is required to prepare a report periodically on the performance and implementation of each WRP, with each plan specifying the reporting period. • plans for systems that are not yet approaching full allocation The Department of Natural Resources and Mines (DNRM) collects, manages and reports data on the quantity and quality of surface water and groundwater in the state’s rivers and aquifers. For example, streamflow data and historical monitoring data services are available via the Water Monitoring Data Portal. 253 254 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Science on the water requirements of natural ecosystems is collected through the Environmental Flows Assessment Program (EFAP), a statewide monitoring and assessment program that aims to evaluate the effectiveness of each WRP in achieving its stated ecological outcomes. Brief reports of EFAP projects and results in each WRP area are published by DNRM. The Water Act 2000 (Qld) has been amended to allow the Minister to approve an extension of the term of a WRP from 10 years up to a maximum of 20 years. The Minister’s decision is subject to a public submissions process. Furthermore, a risk assessment and review process is also undertaken, in each case, to assess the effectiveness of the current plan and the appropriateness of extending it. This extension process is currently being considered for the Barron, Pioneer and Georgina‑Diamantina WRPs. The Minister may still amend a plan at any time, and must act to amend a plan if satisfied that the plan outcomes are not being achieved, or the objectives or strategies are no longer appropriate. Substantially complete addressing overallocation as per NCC commitments. Substantial progress towards adjusting all overallocated and/or overused systems. 41, 43–45 41 – See NWI paragraph 26 for detail on progress. 43 – Priority groundwater areas, where resources are most at risk, are being progressively incorporated into WRPs. The Minister has announced a review of the Border Rivers, Moonie River and Condamine‑Balonne WRPs to include groundwater. Queensland advises that the plans will be finalised by the end of 2014. Overuse has been identified in three groundwater systems incorporated into WRPs outside of the Murray–Darling Basin. Reductions in extractions are being managed under the annual announced allocation process while final arrangements will be given effect through ROP amendments. For systems within the Murray–Darling Basin, sustainable extraction limits and timeframes for their implementation have been set by the Murray–Darling Basin Plan (the Basin plan). For surface water systems these extraction limits will replace those in current WRPs to meet the Basin plan’s Sustainable Diversion Limits (SDLs). Commonwealth water recovery measures to meet these extraction limits are underway in the Condamine‑Balonne and Queensland Border Rivers catchments. The Commonwealth has not yet commenced acquisition of groundwater entitlements in the Upper Condamine Alluviums. 45 – See actions associated with NWI paragraph 97. NWI actions NWI paragraph Commentary 2014 Risk assignment framework to be implemented immediately for all changes in allocation not provided for in overallocation pathways in water plans. 46–51 46–51 – On 26 November 2012, following an amendment of Queensland’s water management legislation, the Water Minister made a determination that recognised Queensland’s provisions as applying the risk‑assignment framework. Water plans to address Indigenous water issues. 52–54 52–54 – The Cape York Peninsula Heritage Act 2007 (Qld) provides for the protection of Indigenous cultural and heritage values in water where areas of international conservation significance are declared. The Act establishes a requirement for an Indigenous water reserve or allocation in a WRP in the Cape York Peninsula region. In other areas of Queensland, Indigenous water reserves have been included in a number of WRPs to provide access to water for Indigenous economic or social benefit. The Water Act 2000 (Qld) was amended in 2013 to allow Indigenous people to take or interfere with water for traditional activities or cultural purposes as a right under the Act. Implementation of measures to address water interception by land use change activities on a priority basis in accordance with water plans. 55–57 55–57 – Queensland recognises interception activities in the Water Act 2000 (Qld). Overland flow water is vested in the state in accordance with section 19 of the Water Act 2000 (QLD). A person may take overland flow for any purpose unless there is a moratorium notice or a WRP that limits or alters the water that may be taken. National Water Commission Queensland has undertaken risk assessments as part of WRP planning processes. Where necessary, a regulatory and management regime for overland flow water is specified in the relevant WRP and ROP. Estimates of water for stock and domestic purposes are allowed for in water allocation decisions. Water for mining operations generally requires a licence, however water to support CSG operations is licensed under the Petroleum and Gas (Production and Safety) Act 2004 (Qld) rather than the Water Act 2000 (Qld). Although these rights may contain restrictions intended to minimise adverse impacts, they are not volumetrically controlled. In addition, Queensland has recently introduced the Regional Planning Interests Act 2014 (Qld) and Regional Planning Interests Regulation 2014 (Qld) which seeks to strike an appropriate balance between protecting priority land uses (priority living areas, priority agricultural areas, strategic environmental areas and strategic cropping areas) and economic development. Approval is required when a resource activity or regulated activity – such as broadacre cropping or water storage (dam) – is proposed in an area of regional interest. 255 256 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Water markets and trading Adoption of publicly accessible, compatible systems for registering water access entitlements and trades consistent with Schedule F: • pathways leading to full implementation • full implementation. Establish compatible institutional and regulatory arrangements that facilitate trade, consistent with principles in Schedule G: • remove institutional barriers to trade • remove barriers to temporary trade • remove barriers to permanent trade • no imposition of new barriers to trade 59 59 – Queensland’s Water Allocations Register (WAR) has operated since 2003, recording water access entitlements and associated dealings. It provides for transfers, leases and registration/protection of third‑party security interests and encumbrances over water titles. Permanent trade prices are extracted from the WAR with summaries published on the DNRM website. 60 60 – Queensland’s water market allows for trade subject to environmental objectives and the entitlement security of other water users. The trade of water is administered under defined and public rules. Queensland has reported that approximately 75 per cent of the volume of water allocated in Queensland is held as tradeable water allocations. Queensland is continuing to create tradeable water allocations through the completion of ROPs. There are currently 22 ROPs in place. Trading in Queensland is generally limited to intra‑catchment trading because most catchments are not hydrologically connected. NWI actions Relevant parties (Commonwealth, NSW, Victoria and SA) agree to: • take necessary steps to enable the use of exchange rates and/or tagging for interstate trade • reduce barriers to trade in southern Murray–Darling Basin • review actions to assess whether relevant parties have removed barriers • NWC monitor impacts of trade NWI paragraph 63 Commentary 2014 63 – Not applicable to Queensland. Best practice water pricing and institutional arrangements Complete commitments under the 1994 COAG Water Reform Framework to bring into effect pricing policies for water storage and delivery in rural and urban systems. 65 65 – In South East Queensland (SEQ), household water and sewerage bills include water distribution and sewerage charges set by the SEQ service providers, and a volumetric bulk water price set by the Queensland Government. Service providers’ charges reflect the costs of operating and maintaining the water distribution network, the costs of operating and maintaining the sewerage network, and the costs of retailing services such as billing systems and printing. These charges usually take the form of a fixed water access charge, a fixed sewerage access charge and volumetric water usage charges (using tiered charging arrangements). Unitywater introduced a volumetric sewerage charge on 1 July 2013. National Water Commission Service providers set their own prices with price monitoring undertaken by the Queensland Competition Authority (QCA). Water prices are determined annually by each SEQ service provider with price monitoring being undertaken by the QCA for a two‑year period, starting in 2013. The QCA ‘s final report on price monitoring of SEQ service providers for 2013–15 (released in March 2014) found no evidence of the exercise of monopoly power by Unitywater, Queensland Urban Utilities, Logan Water and Gold Coast Water, but was unable to establish whether Redland Water is exercising its monopoly power. 257 258 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Outside SEQ, Queensland’s Local Government Act 2009 outlines the framework for charging for water, but the setting of actual prices is a matter for each local government. The Local Government Act 2009 (Qld) expands the requirement for consumption‑based water pricing to all local governments. Consumption‑based pricing is based either on a full consumption charge on the volume of water used, or on a two‑part tariff with fixed and variable charges. For local governments that operate water and sewerage businesses that exceed specified expenditure thresholds, the businesses must apply full cost recovery for water and sewerage services at a minimum and set a positive rate of return. There is consistency in pricing policy across SunWater’s irrigation schemes. Permanent allocations can be traded within SunWater irrigation schemes. Most interstate water trade in the Border Rivers area results in water being traded from New South Wales into Queensland. The water that is traded into Queensland maintains the charges that are applied by New South Wales. Metropolitan: • continued movement towards upper‑bound pricing • development of pricing policies for recycled water and stormwater • review and development of pricing policies for trade wastes • development of national guidelines for water accounts. Rural and regional: • full cost recovery for all rural surface and groundwater‑ based systems 66 66 (i) – Bulk water prices paid by SEQ service providers to Seqwater are set by government – most recently for the period 1 July 2013 to 30 June 2015. The prices are based on a 10‑year price path, ending in 2017–18. From that time, Seqwater’s urban bulk water prices for SEQ service providers are set to recover the costs of the bulk water supply system including an allowance for capital expenditure and a return on capital. 66 (ii) – The QCA monitors the costs and revenues of the SEQ service providers where their activities include producing recycled water. 66 (iii) – Trade waste pricing is the responsibility of individual service providers, not the state government. In most cases, this will be the local council. 66 (iv) – The National Guidelines for Residential Customers Water Accounts were endorsed at the 11th meeting of the NRMMC and released on 24 November 2006 by Australian Government, state and territory water ministers. 66 (v) Queensland adopted lower‑bound pricing for SunWater’s 22 bulk water supply schemes for the period 2012–13 to 2016–17. NWI actions • NWI paragraph In 2012, the QCA recommended irrigation prices apply to 22 of SunWater’s water supply schemes for the period 2012–13 to 2016–17, and in 2013, the QCA recommended irrigation prices to apply to seven of Seqwater’s water supply schemes for the period 2013–14 to 2016–17. The Queensland Government’s policy was that irrigation prices should at least cover the efficient lower‑bound costs of supplying water and, where irrigation prices were below lower‑bound pricing, a price path to move towards lower‑bound cost recovery should be implemented. The QCA was achievement of lower‑bound pricing for all rural systems in line with existing NCC commitments • Commentary 2014 continued movement towards upper‑bound directed to make its recommendations consistent with this policy. In 2012, the government directed SunWater to implement all of the QCA’s recommendations in regard to the 2012–13 to 2016–17 SunWater irrigation price path. pricing for all rural systems, where practicable In 2013, the government directed Seqwater to implement all of the QCA’s recommendations in regard to the 2013–14 to 2016–17 Seqwater irrigation price path. Consistent approaches to pricing 67-68 and attributing costs of water planning and management. Public reporting of cost recovery for water planning and management. Investment in new or refurbished water infrastructure to continue to be assessed as economically and ecologically sustainable before being approved. National Water Commission Release of unallocated water 67 – Water planning and management costs in Queensland are partially funded by a range of transaction‑based water fees and usage charges. 68 – As Queensland does not have full cost recovery water planning and management charges in place, there is no public reporting of these charges. 69 70-72 69 – The QCA final report recommended that any future bulk water storage facilities be developed by the private sector, unless there were compelling public good or market failure reasons not to do so. The government accepted this recommendation and noted it had already moved to implement alternative delivery models for infrastructure projects wherever possible. 70–72 – Any unallocated water identified through the water resource planning process can be made available when there is sufficient demand and other mechanisms are not available to potential water users. Water licences for unallocated water are granted through a competitive tender process for the release of general reserve unallocated water. Three general reserve unallocated water processes have been undertaken. 259 260 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Under the Water Resource (Great Artesian Basin) Plan 2006 (Qld), 7200 ML of water was made available from the Surat, Surat East and Surat North management areas. In early 2014 785 ML was granted through this process. Under the Water Resource (Baffle Creek Basin) Plan 2010 (Qld), 11,600 ML of water was made available, while 33 ML was granted through this process in early 2014. State or strategic reserve unallocated water is granted through a non‑competitive process. In the Water Resource (Great Artesian Basin) Plan 2006 (Qld), a total of 10,000 ML of state reserve is available. To date 2183 ML of state reserve has been granted. In the Water Resource (Gulf) Plan 2007 (Qld) area, 58,000 ML of strategic reserve is available with 2266 ML granted so far. An unallocated water release process was completed for general reserve unallocated water in the Water Resource (Gulf) Plan 2007 (Qld) area in mid‑2013. Water licences totalling 94,200 ML were granted following a competitive tender process. Environmental externalities: • • manage environmental externalities through a range of regulatory measures (such as through setting extraction limits in water management plans and by specifying the conditions for the use of water in water use licences) examine the feasibility of using market‑based mechanisms such as pricing to account for positive and negative environmental externalities associated with water use • implement pricing that includes externalities where found to be feasible 73 73 – Queensland manages environmental externalities through setting extraction limits in WRPs and specifying conditions for the use of water in water use licences where used. Queensland has developed a voluntary mechanism for nutrient management that offers an alternative investment option for regulated point source operators to manage their water emission requirements under the Environmental Protection Act 1994 (Qld), while delivering an improvement in water quality. The mechanism provides guidance to environmental authority holders in using alternative nutrient reduction actions to counterbalance nitrogen and phosphorous loads contained in water emissions. Alternative nutrient reduction actions may come from another point source, or may be achieved through catchment‑based solutions that address diffuse actions such as bank stabilisation, improved fertiliser application and constructed wetlands. This mechanism is a first step in trialling the application of market‑based instruments to improve waterway health in Queensland. NWI actions NWI paragraph Commentary 2014 Benchmarking efficient performance: • independent, public, annual reporting of performance benchmarking for all metropolitan, non‑metropolitan and rural 75-76 75 – Queensland has provided benchmarking information and data to the National Performance Reports on urban water utilities, however rural water utilities did not report in 2011–12 or 2012–13. At the time of writing the future of the national reporting is uncertain. • Queensland has reformed the regulation of urban water service providers by introducing outcomes‑based legislation that will require mandatory annual reporting by service providers on a range of key performance indicators from 2014. For providers of requisite size, this will include reporting on National Performance Report indicators. Some urban utilities that have met the threshold for the first time in 2012–13 have indicated they will not report until required to by legislation. water delivery agencies develop nationally consistent report framework. An annual comparative performance report will also be published by the Department of Energy and Water Supply in collaboration with industry. 76 – The costs associated with performance and benchmarking systems are not met through recovery of water management costs. Independent pricing regulator: • independent pricing bodies to set and review prices or pricing processes for water storage and delivery and publicly report 77 77 – The QCA is an independent authority set up under the Queensland Competition Authority Act 1997 (Qld). Its roles in relation to the water industry are to: • investigate and report on the pricing practices of certain declared monopoly or near monopoly business activities of state and local governments • receive, investigate and report on competitive neutrality complaints • mediate and/or arbitrate access disputes and water supply disputes • investigate and report on matters relevant to implementation of competition policy (section 10(e) of the Queensland Competition Authority Act 1997). National Water Commission 261 262 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Integrated management of environmental water Recognising the different types of surface water and groundwater systems: • effective and efficient management and institutional arrangements • to ensure the achievement of environmental outcomes; and • where it is necessary to recover water to achieve environmental outcomes, to adopt the principles for determining the most effective and efficient mix of water recovery measures 79 79 (i) a) – Environmental outcomes and strategies to meet those are specified in WRPs. WRP annual reports report against the achievement of WRP outcomes, including environmental outcomes where sufficient information is available. A more complete assessment of the achievement of environmental outcomes is undertaken as part of the WRP review and replacement process through the EFAP. 79 (i) b) – Queensland consulted directly with the Commonwealth Environmental Water Office (CEWO), NSW Government and MDBA in the preparation of its annual environmental watering priorities for 2013–14 and 2014–15. Condition and trend is assessed through the Sustainable Rivers Audit process for the MDB. 79 (i) c) – Following the implementation of national water reforms through new state water planning processes, the New South Wales–Queensland Border Rivers Intergovernmental Agreement 2008 was reached on a range of water management issues in the Border Rivers catchment. The agreement for the Paroo River between the NSW and Queensland governments has recently expired in 2013 with issues previously covered by this agreement now coming within the ambit of the Basin plan. 79 (i) d) – The Water Act 2000 (Qld) requires an annual report for each WRP on implementation and the outcomes of any monitoring and evaluation activities. Ecological monitoring occurs in targeted locations under the EFAP. The findings of the review are then incorporated into the development of a replacement WRP. The Minister may amend a plan at any time, and must act to amend a plan if satisfied that the plan outcomes are not being achieved, or the objectives or strategies are no longer appropriate. Queensland’s WRPs and ROPs establish water markets to promote the efficient and innovative use of water resources. For example, water trading promotes the movement of water to high‑value uses. Water markets also can incentivise water service providers to operate schemes and associated infrastructure more efficiently. See NWI paragraphs 91 to 92 for further information. NWI actions NWI paragraph Commentary 2014 81 81 – Queensland has participated at a national level in the development of national water accounting standards and reporting frameworks, including the Water Accounting Conceptual Framework, the General Purpose Water Accounting Reports and the Australian Water Accounting Standards (AWAS 1 and AWAS 2). Water resource accounting Benchmarking of accounting systems Queensland uses AWAS 1 and the Water Accounting Conceptual Framework in providing data to the Bureau of Meteorology (BOM) for the general purpose water account. Consolidated water accounts: • develop and implement robust water accounting • identify situations where close interaction between surface and groundwater exist to integrate the accounting of groundwater and surface water use. 82-83 Environmental water accounting: • develop an environmental water register and annual reporting arrangements • apply the environmental water register and annual reporting arrangements. 85 Implement information measures 86 82 – See actions associated with NWI paragraph 81. 83 – Queensland’s water accounting systems recognise connectivity between groundwater and surface water systems. 188 85 (i) – Queensland does not have a register of new and existing environmental water as environmental water in Queensland is largely rules based rather than incorporated into the entitlement framework. Environmental flow objectives in WRPs and environmental management rules specified in ROPs provide the framework for ensuring environmental water requirements are met. 85 (ii) – Queensland does not produce consolidated environmental water accounts. The EFAP is used to assess the effectiveness of the rules and strategies specified in WRPs in achieving ecological and community outcomes. National Water Commission 86 – See actions associated with NWI paragraph 81. 263 264 Australia’s water blueprint: national reform assessment 2014 NWI actions Metering and measuring actions: • develop metering and measuring actions • implement metering and measuring actions. NWI paragraph Commentary 2014 87-88 87–88 – Queensland revised its non‑urban water metering policy in 2012. For unsupplemented extractions, the policy assigns responsibility to the water entitlement holder to purchase a meter, arrange for its installation and certification, and arrange for maintenance of the meter (for all metered entitlements as defined by the Water Regulation 2002 (Qld)). For supplemented extractions, water service providers and their clients’ metering provisions are a requirement as specified under the relevant WRP and ROP. However, it is open to the water service provider as to whether it fulfils this requirement by ownership of the water meter or by imposing a contractual obligation on its customer to install an appropriate water meter. National guidelines on water reporting: • develop and apply national guidelines on water reporting covering the application, scale, detail and frequency for open reporting. 89 89 – Queensland is participating in the development of the Environmental Water Accounting Standards through the National Water Accounting Committee. 91 91 (i) – The Water Efficiency Labelling and Standards (WELS) scheme is a joint initiative of the Australian and state and territory governments. The Water Efficiency Labelling and Standards Act 2005 (Cwth) provides the legal framework for the scheme. Queensland has enacted complementary legislation, namely the Water Efficiency Labelling and Standards (Queensland) Act 2005. Urban water reform Implementation of demand management measures, including: • implementation and compliance monitoring of WELS, including mandatory labelling and minimum standards for agreed appliances • develop and implement ‘Smart Approved WaterMark’ for garden activities 91 (ii) – The Smart Approved WaterMark is a not‑for‑profit organisation established by four associations: the Australian Water Association, Irrigation Australia, the Nursery and Garden Industry, Australia and the Water Services Association of Australia. It is overseen by a steering committee with representation from the Australian and state and territory governments, water utilities, the four governing associations, and the chair of the Technical Expert Panel (an independent panel which assesses applications to the scheme). Project establishment was finalised in 2011 and a report on the delivery of the Smart Approved WaterMark was provided to the Department of the Environment. The program continues to provide product efficiency ratings to consumers. NWI actions • review effectiveness of temporary water restrictions and associated public education strategies, and consider extending low‑level restrictions to standard practice • implement management responses to water supply and discharge system losses including leakage, excess pressure, overflows and other maintenance needs NWI paragraph Commentary 2014 91 (iii) – The Queensland Water Commission ceased operations on 1 January 2013. Its policy functions moved to the Department of Energy and Water Supply (DEWS) and its planning and regulatory functions (including setting water restrictions) are now the responsibility of the new bulk water supply authority, Seqwater, and the SEQ council water businesses (distributor‑retailers). Water restrictions in place in Queensland during the previous drought period were lifted on 1 January 2013, including low‑level restrictions known as ‘permanent water conservation measures’ and the requirement for large water‑using businesses to develop water efficiency management plans (WEMPs). The amended Water Supply (Safety and Reliability) Act 2008 (Qld) allows water service providers to impose water restrictions or require WEMPs. The Act specifies the circumstances in which these may be imposed. The regulator may also direct that restrictions be imposed if a significant threat to sustainable and secure water supply exists or if it is necessary or desirable to impose a restriction. On 1 February 2013, laws mandating energy efficient hot water systems, rainwater tanks and other water savings measures were repealed. This followed an independent cost‑benefit analysis of rainwater tanks and water savings laws carried out by QCA which concluded that the costs associated with mandating rainwater tanks for new houses generally outweighed the overall benefit to the community. The QCA analysis recognised the net benefit of compulsory rainwater tanks for new houses would vary depending on the location and current and future water demand and augmentation needs of these houses. Therefore, the QCA recommended that local governments be able to seek approval to ‘opt in’ to the laws where they could demonstrate that opting in would result in a net benefit to the community. National Water Commission 91 (iv) – Management of system losses is a water service provider responsibility. The government proposes to address system losses through a performance monitoring framework to be introduced in late 2014. 265 266 Australia’s water blueprint: national reform assessment 2014 NWI actions Encourage further innovation in urban water use including: • develop and apply national health and environmental guidelines for water sensitive urban designs for recycled water and stormwater • develop national guidelines for evaluating options for water sensitive urban developments in both new urban sub‑divisions and high rises • evaluate existing water sensitive urban icon developments • review institutional and regulatory models for integrated urban water cycle planning and management and develop best‑practice guidelines • review incentives to stimulate innovation. NWI paragraph Commentary 2014 92 92 – The single State Planning Policy under the Sustainable Planning Act 2009 (Qld), effective December 2013, includes water quality among the state interests to be reflected in local planning instruments when making and amending local planning schemes and assessing development applications. The state interest in water quality includes urban stormwater management, protection of water supply catchments and protection of the natural and built environment from the adverse impacts of acid sulphate soils. The state interest seeks to ensure that urban land development is planned, designed, constructed and operated to protect the environmental values of Queensland waters. The total water cycle management (TWCM) plan guideline was published under the Environmental Protection (Water) Policy 2009 and provides important contextual information, the statutory framework and roles and responsibilities of key stakeholders. Local governments in South East Queensland have prepared TWCM plans. The following are examples of urban TWCM principles being put into practice: • Fitzgibbon Chase in Brisbane and Coolum Ridges on the Sunshine Coast are urban • • development’s using stormwater and harvested rainwater Rain Bank, irrigating South Bank parklands and gardens in Brisbane with captured stormwater Mitchell EcoEnterprise Park on the Gold Coast, Australia’s first industrial estate that is 100 per cent self‑sustaining and carbon neutral (harvests stormwater and rainwater). The requirement for local governments to prepare TWCM and trade waste plans under environmental legislation – Environmental Protection (Water) Policy 2009 – ceased on 6 December 2013. The legislative amendment reduces regulatory burden and advances local governments’ self‑determination, accountability and transparency. NWI actions NWI paragraph Commentary 2014 Community partnerships and adjustment 95 – The Queensland water planning framework involves stakeholder and community consultation in the development and review of WRPs and ROPs, although changes to the Water Act 2000 (Qld) removed the requirement for compulsory formation of community advisory committees. However, a committee (or some other community consultation mechanism or group) is still formed as the Minister considers appropriate. This allows for more tailored consultation relevant to the particular WRP area. Developing a WRP and ROP involves extensive formal and informal consultation. Draft plans are published as the basis for further community input. Consultation reports provide feedback on the issues raised and decisions taken. National Water Commission Open and timely consultation with all relevant stakeholders in relation to: • pathways for returning overallocated systems to sustainable extraction levels, periodic review of water plans, and other significant decisions affecting the security of water access entitlements. 95 Provision of accurate and timely information to all relevant stakeholders in relation to the progress of water plan implementation and other issues relevant to the security of water access entitlements. 96 96 – Periodic reports are published to detail the implementation of each of the state’s WRPs and assess the effectiveness of their implementation, through the ROPs, in achieving the general outcomes and specific ecological outcomes of the plans. This includes whether each plan’s outcomes are being achieved. For each WRP, the report includes information about changes to the plan, the number of water entitlements and figures on water use, water operations (including the impact of storage operations on downstream ecosystems), a summary of research and monitoring undertaken under the plan, and emerging compliance and operational issues. The document reports on all WRPs across the state with a ROP in place. Address significant adjustment issues affecting water access entitlement holders and communities that may arise from reductions in water availability as a result of implementing the NWI. 97 97 – Structural adjustment funding assistance is provided in Queensland by several programs. The Queensland Government is implementing the Healthy HeadWaters Water Use Efficiency project with eligible Queensland MDB irrigators with funding from the Australian Government as part of the Sustainable Rural Water Use and Infrastructure Program under the Water for the Future initiative. Extensive consultation has been undertaken to develop pathways to return identified systems to sustainable levels of extraction. In return for government funding of water infrastructure and other water saving projects, irrigators must transfer at least 50 per cent of the water savings by permanent trade of water allocation to the Australian Government for environmental use. The funding programs run until June 2017. Funding of $4.5 million over four years from July 2009 to June 2013 was provided to fund activities under the ClimateQ: toward a greener Queensland strategy. The program was delivered statewide except in the South East, where the South East Queensland Irrigation Futures program operated to assist irrigators improve on‑farm water efficiencies. From July 1 2014, the Queensland Government began to implement a $2 million per year four‑year program, Rural Water Use Efficiency for irrigation Futures, to assist irrigators to improve productivity and efficiencies. 267 268 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Knowledge and capacity building Science priorities and research: • identify the key science priorities to support implementation of the NWI and where this work is being undertaken • implement any necessary measures to ensure the research effort is well coordinated and publicised, and any gaps are addressed. 101 101 – Queensland supports national water science initiatives including the National Groundwater Action Plan and the National Groundwater Assessment Initiative, and is a funding partner in the National Hydrological Modelling Strategy. It provided $20 million over five years (2007–13) for the Urban Water Security Research Alliance to address emerging urban water issues in South East Queensland with a focus on water security, reuse and recycling. The Queensland Government managed delivery of the three‑year Commonwealth‑funded Healthy HeadWaters Coal Seam Gas Water Feasibility Study examining the opportunities and risks of using CSG water in the Queensland MDB. Western Australia NWI actions NWI paragraph Commentary 2014 Water access entitlement and planning framework Implementation of the 26-27 framework: • substantial completion of plans to address any existing overallocation for all river systems and groundwater resources in accordance with commitments under the 1994 COAG Water Reform Framework • legislative and administrative regimes amended to incorporate the elements of the entitlements and allocation framework in this agreement. 26 – In its 2007 NWI implementation plan, Western Australia identified 24 areas for management under water allocation plans (WAPs). A number of these systems included some management units identified as overallocated, which required WAPs to be completed as part of Western Australia’s commitments under the 1994 COAG Water Reform Framework. Western Australia uses a risk‑based approach to develop WAPs, whereby resources are focused in areas considered to be most at risk (see NWI paragraph 39–40 for more detail). WAPs are currently non‑statutory and are developed to guide licensing decisions and ongoing management of the water resources. As of June 2014, there were 22 WAPs, including two draft plans released for public comment. Since the 2011 Biennial Assessment, the Middle Canning surface water allocation plan (2012), Murray groundwater allocation plan (2012), Warren Donnelly surface water allocation plan (2012), Pilbara groundwater allocation plan (2013) and Ord surface water allocation plan (2013) have been finalised. Western Australia intends to release the South West Coastal groundwater allocation plan for public comment, as well as the final Gingin groundwater allocation plan in the second half of 2014. 27 – Western Australia has not implemented fully NWI‑compliant legislation to provide the statutory basis for water access entitlements. Currently the right to take (and store) water is licensed under the Rights in Water and Irrigation Act 1914 (WA). National Water Commission In September 2013 the Department of Water released Securing Western Australia’s water future: Position paper – reforming water resource management. Proposed legislative amendments plan to provide for statutory WAPs and an NWI‑consistent entitlement regime. The paper sets out proposed frameworks for legislative and policy changes to water management across the state, including consolidation and revision of out‑dated legislation, and the introduction of statutory WAPs. 269 270 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Water access entitlements to be defined and implemented. 28-34 28–33 – Water licences in Western Australia are issued under section 5C of the Rights in Water and Irrigation Act 1914 (WA). Water licences can be issued for the take of water from proclaimed water resources, from artesian aquifers, and in areas where the allocation limit has not been reached. Licences can be issued above the allocation limit under some circumstances (e.g. for short‑term take) and under current policy a fully utilised licence in an overallocated system must be renewed if the licensee meets all other criteria. Water licences are not perpetual, and have a 10‑year tenure. Although they are unbundled from land, the licence components managing impacts of abstraction, works and allocation are not unbundled. Water allocation is on a volumetric basis, and is made consistent with the WAP Western Australia’s Securing Western Australia’s water future: Position paper – reforming water resource management (2013) proposes the introduction of NWI‑consistent water access entitlements where a statutory WAP is in place. The paper notes that as these statutory allocation plans take time to develop, it is likely that it will be several years before water access entitlements are introduced. The position paper also proposes an improved licensing regime for areas where a system of water access entitlements (WAEs) consistent with the NWI is not possible or practical to implement. The improved licensing regime is intended to meet the principles of WAEs as far is possible. For example longer‑term licenses with fewer hindrances on trading are proposed. 270 34 – The Western Australian water in mining guideline (2013) addresses the application of NWI paragraph 34. It cites heterogeneous fractured rock aquifers, isolation, and lack of competition for water resources as being applicable to large mineral provinces in Western Australia, such as in the Pilbara. The key principles and processes outlined in the mining guideline also apply to petroleum and gas projects. Western Australia has implemented a water planning process which is not fully consistent with Schedule E of the NWI, but is as far as possible within existing legislation. It addresses the take and use of water by the mineral and petroleum sectors through water licences, WAPs, water supply planning and environmental regulation. The water taken by mining and petroleum concerns is within the water licensing framework. For licence applicants requiring large water volumes such as mining companies, the Department of Water requires the applicants to undertake hydrogeological investigations and develop operating strategies (which may include water monitoring requirements) to assess and manage any potential impacts on the water resource, other water users and the environment. Statewide policies provide further guidance on specific licensing requirements. Licensing decisions consider the allocation limits and policies set out in a WAP. NWI actions NWI paragraph Commentary 2014 Water use by mining and petroleum industries is addressed through water licences, WAPs and water supply planning within the licensing framework. Applicants requesting large volumes of water are required to undertake drilling investigations to assess the likely impact of their proposed operations on the environment. Major mining projects may be facilitated under State Agreements, which are contracts between the state government and proponents of major resource projects ratified by an Act of the state parliament. An Agreement Act provides the framework for an ongoing relationship between the proponent and the state and can override any other state legislation, except for the Environment Protection Act 1986 (WA) Water to meet environmental and 35 other public benefit outcomes identified in water plans to be defined, provided and managed. 35 – The Rights in Water and Irrigation Act 1914 (WA) provides for the identification and management of water for environmental and other public benefit outcomes. Water for the environment is considered a non‑consumptive use and is not included in the allocation limit. Environmental water is not held as an entitlement, but is defined as in situ water left in the system, or water that is put back in the system through dam releases or pumping. All 22 WAPs set allocation limits. Environmental water is managed through the implementation of volumetric allocation limits and rules relating to the location of licences, trading, dam water releases and cease‑to‑pump arrangements. There are no actively managed held environmental Water plans to be prepared along the lines of the characteristics and components at Schedule E based on the following priorities: National Water Commission • plans for systems that are overallocated, fully allocated or approaching full allocation • plans for systems that are not yet approaching full allocation 39–40 water entitlements in Western Australia 39 – Western Australia has implemented a water planning process that is consistent with Schedule E of the NWI as far as possible within existing legislation. Western Australia uses a risk‑based approach to develop WAPs, whereby resources are focused in areas considered to be most at risk. Generally Western Australia develops allocation plans for resources where 30 per cent or more of the allocation limit is already committed. Standard plans are developed for water resources where abstraction is between 30 and 70 per cent, and intensive plans where abstraction is more than 70 per cent. 40 (i) – Monitoring in areas where intensive water plans have been developed is much more extensive than in areas where the competition for the resource is lower. Monitoring programs in water plans form the basis of annual plan evaluations using performance indicators and specific indicator triggers (in high value/risk areas). 271 272 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 40 (ii) – Knowledge improvements are able to be incorporated into the water plans through the annual evaluation cycle. Where an evaluation shows that the plan is not meeting its objectives (through assessment of performance indicators), an adjustment of the management approach or a new planning activity may be undertaken. 40 (iii) – The Commission’s 2013 Water Planning Report Card notes that since 2012, the Department of Water has shifted to internal annual evaluations and has indicated that statements will only be published every three years unless there is significant change in water availability or management arrangements. The statements report on resource condition, achievement of objectives, progress of investigations, actions that are needed for the implementation of future planning, and any changes to the management arrangements necessary to improve plan performance. As of June 2014, 13 evaluation statements have been published online, with most statements covering several years of plan implementation. Substantially complete addressing overallocation as per NCC commitments. Substantial progress towards adjusting all overallocated and/or overused systems. 41, 43–45 Technical reports such as hydrological assessments, environmental water assessments and social and cultural reports to support future planning are also prepared and are publicly available on the Department of Water’s website. 41 – See NWI paragraph 26 for details on progress. 43–44 – Through water planning, Western Australia assesses overallocation and overuse of its water resources and then, if necessary, implements recovery pathways so as to achieve environmental and other public benefit outcomes. Water resources are categorised from 1 to 4 based on the percentage of the allocation limit that has been allocated through the issuing of licensed entitlements and estimated exempt use. Category 4 resources are considered to be overallocated, and water plans developed for these systems have provisions to return systems to a sustainable extraction regime, including increased licence compliance, water use efficiency measures and recovery of unused or under‑used allocations. Although the current Western Australian legislation does not provide for statutory allocation limits, the introduction of statutory allocation limits has been identified as a key feature of the water planning framework proposed in the Securing Western Australia’s water future: Position paper – reforming water resource management (2013). NWI actions NWI paragraph Commentary 2014 The Western Australian Government recognises that additional licensing tools are needed to effectively manage overallocation. Under current legislation, the Department of Water has limited ability to readily vary entitlements within short timeframes. Metering is generally not widely required (with the exception of Gnangara), although some progress has been made in addressing overallocation through the recovery of unused water entitlements. Achieving the outcomes of the identified allocation and extraction regimes is still at risk, particularly in the state’s south‑west, due to the pace of the drying climate trend and the lack of a timeframe for recovery. ‘Use it or lose it’ provisions under Statewide policy no. 11 (WA) have been applied (e.g. in the Lower Gascoyne) and through this mechanism progress is being made in some areas in reducing overallocation, and the potential for future overuse, by bringing entitlement levels closer to usage levels. To help deal with stress to the Gnangara groundwater system, reductions in urban entitlements have been made by the Western Australian Government, facilitated by supply supplementation through large‑scale seawater desalination. Further reductions to urban entitlements in the Gnangara groundwater system may also be achieved through managed aquifer recharge using recycled urban water, which is currently being trialled in the area. National Water Commission Risk assignment framework to be implemented immediately for all changes in allocation not provided for in overallocation pathways in water plans. 46–51 Water plans to address Indigenous water issues. 52–54 45 – see NWI paragraph 97 for more detail 46–51 – At present the Western Australian Government is liable to pay compensation where licensed allocations are permanently reduced, unless the reductions are ‘fair and reasonable’ in respect of other licence holders in the area. This current arrangement means that the Western Australian Government may also be liable to pay compensation to water users for permanent cuts that may be outside its control, such as those due to climate and natural events 52–54 – The Rights in Water and Irrigation Act 1914 (WA) does not expressly recognise Indigenous issues or engagement, and except through Local Water Resource Management Committees, provides no additional measures for Indigenous engagement. Stakeholder engagement varies from plan to plan and is guided by the document Water allocation planning – a guide to our process (2011). The Department of Water previously had an Indigenous Support Unit tasked with the role of (among others) undertaking Indigenous engagement, however the unit no longer exists. 273 274 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Water plans consider non‑consumptive water needs for Indigenous cultural benefit where relevant. This water is that which is not allocated and therefore left in situ to meet cultural needs. No plans provide specifically for Indigenous commercial interests, but these may be met through the licensing process or if there is a native title provision. Western Australia advises that in most cases the protection of in situ environmental water needs protects cultural values. However, in some instances there is a need to conduct more detailed consultation with Indigenous groups. Traditional owner groups were consulted widely with regard to groundwater‑dependent cultural values, proposed allocation limits and management arrangements when developing the Pilbara groundwater allocation plan (2013). Abstraction from the Millstream aquifer for the West Pilbara Water Supply Scheme, located in the culturally important Millstream‑Chichester National Park, is managed by the Millstream‑Harding Consultative Committee. This group includes representatives of the Yindjibarndi community. Implementation of measures to address water interception by land use change activities on a priority basis in accordance with water plans. 55–57 55–57 – Major intercepting activities are considered and accounted for in surface water and groundwater modelling, and incorporated into the setting of allocation limits. Interception through stock and domestic use is sometimes determined to be minimal, but where relevant is estimated for inclusion in allocation limit decisions. Mine dewatering is also licensed and included in allocation decisions. Types of interception and their management are outlined below: • On‑stream farm dams: in proclaimed areas, dams for commercial purposes are licensed. In • • • unproclaimed areas, dams are mapped and the potential interception is estimated. The potential interception from dams for stock and domestic purposes is also estimated. Domestic garden bores: interception from shallow groundwater can be significant, particularly in urban areas. Garden bores are not licensed, but the water use is estimated and accounted for in all plans. The Department of Water reports that it has recently completed a project to improve estimates of urban garden bore use. Plantation forestry: where interception is significant, the Department of Water accounts for its water take. In other areas, plantations are mapped and potential water take is considered. Western Australia cannot license plantations under existing legislation, but the Department of Water advises shires where water availability is limited and plantations may affect other water users and the environment NWI actions NWI paragraph Commentary 2014 59 59 – Western Australia has a water register (The Water Register) that records both licence and water availability information. The register is online and publicly available. Information regarding water trading is not publicly available. Water markets and trading Adoption of publicly accessible, compatible systems for registering water access entitlements and trades consistent with Schedule F: • pathways leading to full implementation • full implementation. Establish compatible institutional and regulatory arrangements that facilitate trade, consistent with principles in Schedule G: • Western Australia has participated in all stages of the development of the Common Registry Solution (CRS) which will deliver the function of recording details of water rights, market information and individual water accounts, as well as transactions and dealings in relation to water rights. Western Australia is investigating its options without the completion of the CRS. 60 (delegated to the Department of Water) regardless of the level of risk created by the trade. remove institutional barriers to trade • remove barriers to temporary trade • remove barriers to permanent trade • no imposition of new barriers to trade Southern MDB trade actions 60 – Demand for water trading in Western Australia is increasing as water resources reach full allocation. Current trading arrangements are cumbersome, with Western Australia noting the two main restrictions as non‑statutory trading rules, and each trade requiring Ministerial approval Proposed amendments will remove some of the administrative barriers to licence transfers and water trades and simplify the process. Generic, statewide trading rules are intended to be included in the new legislation with more specific trading rules to be included in individual WAPs. To simplify increased efficiency in water trades, trades that are deemed to represent a low risk to the water resource will not require a full assessment – as is the case under the current Rights in Water and Irrigation Act 1914 (WA). 63 Not applicable to WA. Best practice water pricing and institutional arrangements National Water Commission Complete commitments under the 1994 COAG Water Reform Framework to bring into effect pricing policies for water storage and delivery in rural and urban systems. 65 65 – See actions associated with NWI paragraph 66 below for more detail. 275 276 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Metropolitan: 66 66 (i) – Pricing in metropolitan areas is substantially compliant with upper‑bound pricing. • continued movement towards upper‑bound pricing • development of pricing policies for recycled water and stormwater • review and development of pricing policies for trade wastes • development of national guidelines for water accounts. Rural and regional: • full cost recovery for all rural surface and groundwater‑ based systems • achievement of lower‑bound pricing for all rural systems in line with existing NCC commitments • continued movement towards upper‑bound pricing for all rural systems, where practicable 66 (ii) – The Water Corporation has released an information sheet on recycled water, including pricing principles which are aligned with the NWI. 66 (iii) – The Water Corporation’s industrial waste charges (which vary by the type and load of contaminant into sewers) are set by the Western Australian Government. These charges were reviewed by the Economic Regulation Authority (ERA) in the 2009 pricing inquiry. The ERA considered that these charges were cost reflective and therefore appropriate. These charges are routinely reviewed by the water utilities who may recommend annual changes to the government for consideration. The ERA is also able to review these charges as part of their periodic pricing reviews. 66 (iv) – This reform action has been met prior to 2011. National Guidelines for Residential Customers Water Accounts were endorsed at the 11th meeting of the Natural Resource Management Ministerial Council (NRMMC) and released on 24 November 2006 by Australian Government, state and territory water ministers. 66 (v) – The price of bulk water sold to major mining and industrial companies and some irrigation cooperatives is a contractual matter. However, ERA pricing inquiries have established principles for efficient bulk water storage charges, including dam safety expenditure, and make recommendations on the amount of these charges. Bulk water charges supplied to the Ord irrigation district were set by the government. Western Australia’s four rural irrigation cooperatives pay the Water Corporation for bulk water; the prices are lower‑ bound and based on renewals. Calculation of these charges is moving towards upper‑bound for capital expenditure (e.g. dam safety expenditure) after the legacy date, however some operating subsidies are paid where charges do not fully recoup these costs. The total operating subsidy for rural irrigation is included in the state budget papers. Western Australia does not impose reporting or regulation on cooperatives with regard to the charges paid to them by members. NWI actions NWI paragraph Commentary 2014 Consistent approaches to pricing and attributing costs of water planning and management. 67-68 67–68 – Western Australia does not generally pass on costs associated with water resource planning and management activities, and water resource management is therefore funded by the state government. Public reporting of cost recovery for water planning and management. Investment in new or refurbished water infrastructure to continue to be assessed as economically and ecologically sustainable before being approved. Some responsibility for water resource management activities is transferred to licensees through licence conditions. Although the existing legislation (Rights in Water and Irrigation Act 1914) provides the power to levy annual licence charges to recover a proportion of the costs of water allocation planning and management, the recent position paper Securing Western Australia’s water future (2013) indicates the government will not introduce cost recovery for water licences. 69 69 – Significant capital expenditure proposals continue to be reviewed by the Department of Treasury and are subject to sign‑off by government. The ERA examines the capital expenditure of the Water Corporation, Aqwest and Busselton Water as part of three‑yearly tariff inquiries. The Water Corporations Act 1995 (WA) requires the Water Corporation, Aqwest and Busselton Water (which were recently added to the Act) to produce strategic plans that include considerations on capital expenditure. The Water Corporations Act 1995 (WA) has a process to develop and approve investment in new and refurbished water infrastructure. All projects require a business case with economic, ecological and social factors evaluated. Projects are subject to a risk‑based prioritisation process to formulate the capital program. The board oversees the approval of the program, within the constraints of the state budget process and informed by pricing considerations. In 2013 the ERA reviewed the Water Corporation’s expenditure and found it to be efficient. The consultants appointed by ERA concluded that the Corporation is relatively efficient compared with other water utilities. National Water Commission Release of unallocated water 70-72 70–72 – The allocation mechanism for the release of unallocated water is by first‑in‑first‑served (FIFS), which means that applications to take water from a particular water resource are assessed in the order in which they are received. 277 The position paper Securing Western Australia’s water future (2013) proposes new legislation to allow for unallocated water to be granted by various mechanisms, including FIFS, competitive submission according to certain criteria which may not involve payment for the water, market mechanisms or other suitable means. The method of releasing unallocated water is intended to vary across the state, taking into account the resource characteristics, the level of demand, and community and industry requirements. The paper proposes that the community will play a role in determining suitable mechanisms (e.g. through local advisory groups). 278 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Environmental externalities: 73 73 – In Western Australia, licensing of take from rivers and groundwater is the main method to minimise the negative environmental externalities of using the water. Similarly, pollution licensing and environmental approvals for treatment facilities are the main means of minimising the negative environmental externalities of wastewater treatment. • • manage environmental externalities through a range of regulatory measures (such as through setting extraction limits in water management plans and by specifying the conditions for the use of water in water use licences) As stated in the 2011 Biennial Assessment, the ERA has considered inclusion of environmental externalities in pricing and conducted inquiries into both Recycled Water Pricing and Tariffs of the Water Corporation, Aqwest and Busselton Water. While these inquiries discussed the use of price adjustments to reflect the value of externalities, it was not explicitly recommended and hence the government response to the inquiries did not comment on externality pricing. examine the feasibility of using market‑based However, Western Australia has advised that if evidence emerged that regulatory measures were an ineffective or inefficient means of capturing significant externalities, there could be a case for different pricing measures for recycled water or competing sources. There are currently no recycled water projects in Western Australia with significant known water resources or wastewater discharge externalities that are not addressed by the existing regulatory regime mechanisms such as pricing to account for positive and negative environmental externalities associated with water use • implement pricing that includes externalities where found to be feasible Benchmarking efficient performance: • independent, public, annual reporting of performance benchmarking for all metropolitan, non‑metropolitan and rural • water delivery agencies develop nationally consistent report framework. 75-76 75–76 – Western Australia provides benchmarking information for inclusion in National Performance Report for urban and rural utilities. At the time of writing the future of reporting is uncertain. NWI actions NWI paragraph Independent pricing regulator: 77 • independent pricing bodies to set and review prices or pricing processes for water storage and delivery and publicly report. Commentary 2014 77 – The ERA is Western Australia’s independent economic regulator. The ERA reviews prices and pricing processes and provides recommendations on a periodic basis (usually every three years) to the state government, but does not have a mandate to set water or wastewater charges. The Western Australian Government sets charges for water, sewerage and drainage services. Integrated management of environmental water Recognising the different types of surface water and groundwater systems: • effective and efficient management and institutional arrangements • to ensure the achievement of environmental outcomes; and • where it is necessary to recover water to achieve environmental outcomes, to adopt the principles for determining the most effective and efficient mix of water recovery measures 79 79 (i) a) – In Western Australia, the framework for managing environmental water is spread across a number of pieces of legislation. These include the Rights in Water and Irrigation Act 1914 (WA), Statewide policy no.5 – Environmental water provisions policy for Western Australia, Environmental Protection Act 1986 (WA) and the Waterways Conservation Act 1976 (WA). These arrangements make the Minister for Water responsible for the delivery of environmental water and the Department of Water the lead agency responsible for its management. Allocation limits define the amount of water that can be taken for consumptive use after in situ environmental water needs are met. Additional management mechanisms to achieve water regimes that meet environmental water objectives are established in WAPs. For proclaimed water resources that are not managed under a plan, environmental water provisions can be specified through licences and their associated operating strategies. The Commission’s 2013 Water Planning Report Card notes that the longer‑term security for environmental water provision is at risk given the non‑statutory nature of WAPs and the limitations of the tools available to recover overallocated resources under the current legislation and policy framework. National Water Commission 79 (i) b) – Through its water allocation planning and licensing processes, the Department of Water has established the following arrangements for the shared resources in the Ord system: • an environmental flow regime in the lower Ord River • set limits on the water entitlements to be granted from Lake Kununurra and the lower Ord River • limited further regulation of the Dunham River tributary to maintain the remaining natural variability of wet season flows in the lower Ord River • operating rules for the Ord River and Kununurra Diversion dams 279 280 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 79 (i) c) – In Western Australia, most of the current WAPs have separately addressed surface water and groundwater due to the geographical extent of the plans and the complexity of resources within the plan areas. Where relevant, WAPs acknowledge that groundwater and surface water are linked, and that groundwater systems are linked. Connectivity can be calculated or estimated depending on the level of knowledge available. Groundwater‑to‑groundwater connectivity between different aquifers is often a significant consideration in establishing appropriate allocation limits and monitoring impacts. All groundwater WAPs treat connected aquifers as integrated systems. 79 (i) d) – Although there is no specific reporting on the achievement of environmental outcomes, evaluation statements for water plans report on performance against the objectives of the WAPs. These are internal annual evaluations which will be published every three years unless there are significant changes in water availability or management arrangements. Technical reports such as hydrological assessments, environmental water assessments and social and cultural reports to support future planning are also prepared and are publicly available on the Department of Water’s website. 79 (i) e) –In Western Australia, environmental water held by the government is rules-based and therefore cannot be traded on the water market. 79 (i) f) – Western Australia has not undertaken a systematic statewide survey to identify high ecological value aquatic ecosystems, but relies on the development of WAPs to identify them and take into account their water requirements. It uses existing data to identify ecological values of local, regional, national and interaction significance and then assesses the potential impacts on them from water extraction when developing a WAP. As part of the Northern Australia Water Futures Assessment, a University of Western Australia-led project aimed to assess the likely impacts of possible development and climate change on northern Australian aquatic ecosystems. The project focused on three catchments in Western Australia: the Cape Leveque Coast, Fitzroy River and King Edward River. The project’s intent was to provide new knowledge to be incorporated in the decision-making process for future water management plans. NWI actions NWI paragraph Commentary 2014 79 (ii) – Western Australia uses a planned approach to environmental water, where water is left in the resource to maintain important in situ values. To reduce overallocation on the Gnangara Mound – in particular to protect its high-value groundwater-dependent wetlands – the largest groundwater user, the Water Corporation, has had its entitlements reduced. The reductions have been prioritised in areas of high risk to wetlands. Reductions to the public water supply component of abstraction on the Gnangara Mound were facilitated by the Western Australian Government’s decision to invest in desalination. There are a number of water resources where groundwater and surface water are being recovered through the recouping of unused water entitlements. In overallocated resources, the water is returned to the system for the environment rather than being re-released through the granting of entitlements. Water resource accounting Benchmarking of accounting systems 81 81 – Western Australia has participated at a national level in the development of national water accounting standards and reporting frameworks, including the Water Accounting Conceptual Framework, the General Purpose Water Accounting Reports and the Australian Water Accounting Standards (AWAS 1 and AWAS 2). Western Australia uses AWAS 1 and the Water Accounting Conceptual Framework in providing data to the Bureau of Meteorology (BOM) for the general purpose water account. National Water Commission Consolidated water accounts: • develop and implement robust water accounting • identify situations where close interaction between surface and groundwater exist to integrate the accounting of groundwater and surface water use. 82-83 82 – See actions associated with NWI paragraph 81. 83 – In Western Australia, water accounting systems recognise connectivity between groundwater and surface water systems. Water accounting conducted by the Department of Water relies mostly on its own Perth Regional Groundwater Model. This model is based on the water cycle and recognises that regional groundwater is primarily derived from surface interaction. 281 282 NWI paragraph Commentary 2014 Environmental water accounting: • develop an environmental water register and annual reporting arrangements • apply the environmental water register and annual reporting arrangements. 85 85 (i) – Western Australia has not yet developed an environmental water register. Environmental water in Western Australia is rules‑based and managed through the individual 188 Australia’s water blueprint: national reform assessment 2014 NWI actions WAPs. 85 (ii) – In Western Australia, where environmental rules are documented in a plan, they are reported on as part of the plan evaluation process (compiled internally each year and published at least every three years). Western Australia also provides and publishes an annual compliance report to the Western Australian Office of the Environment Protection Authority, containing information of the compliance and performance against commitments and conditions in Ministerial Statements 819 and 688 for environmental water management on the Gnangara and Jandakot mounds. Implement information measures Metering and measuring actions: • develop metering and measuring actions • implement metering and measuring actions. 86 87-88 86 – As per the last assessment Western Australia has participated with other NWI parties and BOM in the development of national water accounting standards and reporting frameworks that facilitate the implementation of nationally coordinated approach to data collection and storage. Western Australia has also participated in the development of the National Groundwater Information System. Under the Water Act 2007 (Cwth), BOM has been mandated to undertake a national water data and information role. 87–88 – Western Australia has contributed to the development of the National Framework for Non-Urban Water Metering (2010). Metering is managed through Western Australia’s Strategic policy 5.03 – Metering the taking of water (2009), the state’s Metering implementation plan, and the Guidelines for water meter installation 2009. Across the state, current licensing policy requires that privately owned meters be fitted to drawpoints associated with licences with annual water entitlements of 500 ML and over unless otherwise assessed as required. Different thresholds may apply for trading entitlements and in other special cases and these are determined by the Department of Water. NWI actions National guidelines on water reporting: • develop and apply national guidelines on water reporting covering the application, scale, detail and frequency for open reporting. NWI paragraph 89 Commentary 2014 89 (i) – The Commission’s 2013 Water Planning Report Card notes limited progress with metering, except in the Gnangara Mound. Compliance and enforcement provisions are set out in the Rights in Water and Irrigation Act 1914 (WA) and Regulations. Where local conditions dictate, additional compliance and enforcement measures are specified in the plan. 89 (ii) and (iv) – Western Australia has participated in the development of the National Water Market System (NWMS), which was designed to support water accounting and resource management by providing market information and assisting with the accurate recording of water entitlements and management of transactions. A major element of the NWMS was the development of a Common Registry System (CRS), a standardised national water register that was planned to replace existing water registers in Western Australia. The Australian Government has recently decided to discontinue funding for the NWMS, however Western Australia continues to work with other jurisdictions to evaluate where collaboration can benefit the building of a registry system in Western Australia. Urban water reform National Water Commission Implementation of demand management measures, including: • implementation and compliance monitoring of WELS, including mandatory labelling and minimum standards for agreed appliances • develop and implement ‘Smart Approved WaterMark’ for garden activities 91 91 (i) – The Water Efficiency Labelling and Standards (WELS) scheme is a joint initiative of the Australian and state and territory governments. The Water Efficiency Labelling and Standards Act 2005 (Cwth) provides the legal framework for the scheme. Western Australia has enacted complimentary legislation, the Water Efficiency Labelling and Standards Act 2006. 91 (ii) – The Smart Approved WaterMark is a not‑for‑profit organisation established by four associations: the Australian Water Association, Irrigation Australia, the Nursery and Garden Industry, Australia and the Water Services Association of Australia. It is overseen by a steering committee with representation from the Australian and state and territory governments, water utilities, the four governing associations, and the chair of the Technical Expert Panel (an independent panel which assesses applications to the scheme). Project establishment was finalised in 2011 and a report on the delivery of the Smart Approved WaterMark was provided to the Department of the Environment. The program continues to provide product efficiency ratings to consumers. 283 284 Australia’s water blueprint: national reform assessment 2014 NWI actions • • NWI paragraph Commentary 2014 review effectiveness of temporary water restrictions and associated public education strategies, and consider extending low‑level 91 (iii) – Western Australia participated in the production of the Commission’s national review of water restrictions. Restrictions are in place throughout the state and they prescribe how water can be used outside, including allocated watering days for lawns and gardens and the restriction of water use for outdoor cleaning purposes. restrictions to standard practice implement management responses to water supply and discharge system losses including leakage, excess pressure, overflows and other maintenance needs The restrictions include permanent water efficiency measures, an annual winter sprinkler ban that applies to domestic sprinkler use and some non‑domestic use, and can also include extra efficiency measures and restrictions from time to time such as extensions of the winter sprinkler ban period or other restrictions. Domestic garden bore restrictions and scheme water restrictions are imposed by the Water Agencies (Water Use) By Laws 2010. These by‑laws are made by the Minister for Water, with advice from the Department of Water, under the Water Agencies (Powers) Act 1984 (WA). The Water Corporation is on target to meet its objective of reducing water use from the 2007– 08 level of 147 kL per person per year to 125 kL per person per year by 2030. Observed reductions in residential consumption during the 2000s are largely due to a combination of a two‑day‑per‑week sprinkler roster and conservation campaigns. Increases in the volumetric price for water and reduced residential block sizes also played a role in influencing demand. 91 (iv) Service providers prepare asset management plans for their ERA licences which identify system losses – including leakages, pressure and flow and maintenance activities. Western Australia reports that service providers have their own maintenance programs in place and undertake regular monitoring and implement leak detection procedures NWI actions Encourage further innovation in urban water use including: • develop and apply national health and environmental guidelines for water sensitive urban designs for recycled water and stormwater • develop national guidelines for evaluating options for water sensitive urban developments in both new urban sub‑divisions and high rises. • evaluate existing water • • sensitive urban icon developments review institutional and regulatory models for integrated urban water cycle planning and management and develop best‑practice guidelines review incentives to stimulate innovation. NWI paragraph Commentary 2014 92 92 – Western Australia has participated in national level working groups and committees to develop the Australian Guidelines for Water Recycling: Managing Health and Environmental Risks which address quality guidelines for recycled and stormwater use. Western Australia applied these guidelines through the Better Urban Water Management Manual (WAPC 2008). It also participated in the production of the Commission’s national review of water restrictions (ISF and ACIL 2009). New WAter Ways is a partnership between the Department of Water, Department of Planning, WA Local Government Association, Water Corporation and Urban Development Institute of Australia. The program is a communication and capacity building vehicle for promotion of water sensitive urban design (WSUD), integrated water cycle management and water sensitive cities in Western Australia. The objectives of the New WAter Ways program are to deliver outcomes in the areas of knowledge sharing; education, science and training; advocacy and leadership; and partnerships and bridging. The objectives are to: • provide easy access to best‑practice and supporting WSUD information including trusted • • • science, technical tools, current policy and existing programs make WSUD ‘normal practice’ by facilitating the upskilling of WSUD practitioners to deliver best‑practice for Western Australia based on trusted and reliable science provide leadership and advocacy for the adoption of best management and planning practices for WSUD in Western Australia promote effective partnerships by acting as a bridging organisation for the Western Australian water sector. National Water Commission 285 286 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Community partnerships and adjustment Open and timely consultation with all relevant stakeholders in relation to: • pathways for returning overallocated systems to sustainable extraction levels, periodic review of water plans, and other significant decisions affecting the security of water access entitlements. 95 95 – Stakeholder engagement is undertaken through a variety of formats including press releases, statements of intent, method reports, newsletters, the public release of draft plans, involvement in committees, public forums and targeted consultation. Draft WAPs are released for public comment for a period of two to three months and formal submissions are invited. All submissions and responses are summarised in a statement of response. Development of the draft WAPs also contains targeted engagement of the Indigenous community. Provision of accurate and timely information to all relevant stakeholders in relation to the progress of water plan implementation and other issues relevant to the security of water access entitlements. 96 96 – WAPs undergo regular plan evaluation to assess the effectiveness of plan implementation against its objectives. Evaluations are generally undertaken annually and are published at least every three years. They contain updates on allocation status, an evaluation of the status of the resource, and an assessment of how well the plan is meeting the objectives, performance indicators and actions specified in the plan. Address significant adjustment issues affecting water access entitlement holders and communities that may arise from reductions in water availability as a result of implementing the NWI. 97 97 – While Western Australia considers that the establishment of special government programs for monitoring or managing adjustment as a result of the NWI are not justified at this stage, it states that any need for structural adjustment will be considered on its merits, and that the merits of any case for intervention and the design of any measures will be screened through a consistent framework to ensure they do not impede the reforms. Western Australia advises, however, that recent science indicates a continued reduction in rainfall over time which may result in reductions in water availability. In this case adjustments to existing allocations may be required in some areas NWI actions NWI paragraph Commentary 2014 Knowledge and capacity building Science priorities and research: • identify the key science priorities to support implementation of the NWI and where this work is being undertaken • implement any necessary measures to ensure the research effort is well coordinated and publicised, and any gaps are addressed. 101 101 – The Department of Water has taken several steps to address key knowledge and capacity building priorities needed to support the implementation of the NWI including: • participating in the development of the National Water Knowledge Platform and its implementation • helping with the National Groundwater Sub‑Group work plan including development of the draft National Groundwater Strategic Plan and draft Guidelines for Groundwater Quality Protection The Department of Water is an active funding partner in the CRC for Water Sensitive Cities and is actively progressing initiatives such as the Science‑Policy partnership. To set out a vision for managing and conducting the Department of Water’s science, applied research and innovation, in 2008 it published a Science, research and innovation plan: 2008– 2012. In 2011 the Department of Water developed a water supply planning unit and has staffed and resourced this area with the intention of supporting decision‑making and reform on water resource and supply options. 288 Australia’s water blueprint: national reform assessment 2014 South Australia NWI actions NWI paragraph Commentary 2014 Water access entitlement and planning framework Implementation of the framework: • substantial completion of plans to address any existing overallocation for all river systems and groundwater resources in accordance with commitments under the 1994 COAG Water Reform Framework • legislative and administrative regimes amended to incorporate the elements of the entitlements and allocation framework in this agreement. 26-27 26 – At the commencement of the NWI, South Australia identified six areas where a water allocation plan was required to complete its remaining commitments on overallocated systems under the 1994 COAG Water Reform Framework (COAG 1994). Each of these areas now has a water allocation plan (WAP). At present 19 WAPs are in operation and South Australia advises that four are under development or revision. 27 – South Australia has implemented NWI‑consistent legislation. The Natural Resources Management (Review) Amendment Act 2013 (SA) came into effect on 16 August 2013 and introduced a number of amendments to the water resource management process. These amendments include increasing the maximum review period of WAPs from five to 10 years, no longer requiring concept statements to be included in the development of WAPs, and requiring additional information on water provided for the environment and intended environmental outcomes. South Australia published a new State Natural Resources Management Plan in 2012. The plan is a statutory plan under the Natural Resources Management Act 2004 (SA) and provides high‑level guidance for both Regional Natural Resource Management (NRM) Plans and WAPs. Water access entitlements to be defined and implemented. 28-34 28–33 – The Natural Resources Management Act 2004 (SA) provides the statutory basis for NWI‑consistent water access entitlements in prescribed water resources. See NWI paragraph 26 for further information on the NRM (Review) Amendment Act 2013 (SA). NWI actions NWI paragraph Commentary 2014 The Natural Resources Management Act 2004 (SA) provides for the ability to unbundle water rights, with transitional arrangements for prescribed water resources to not explicitly reflect unbundling until the relevant WAP has been amended. The existing water licence will be unbundled into four components: the water access entitlement (water licence), water allocation, water resource works approval, and site use approval. For certain prescribed water resources an exemption from the need for separate water resource works approvals and/or site use approvals will be considered, to avoid duplication or inconsistency between the water licence and/or water allocations and the approvals. Water licences have been unbundled in the River Murray Prescribed Water Course. Water licences for all other prescribed resources remain bundled, but are separate from land and tradeable under the Natural Resources Management Act 2004 (SA). South Australia advises that unbundling will be done for surface water, watercourses and groundwater systems where demonstrated to be feasible and of overall net benefit, in consultation with stakeholders on a case‑by‑case basis. A feasibility and benefit assessment will be undertaken to determine the extent and timing of unbundling water rights for each prescribed water resource. The process to implement unbundling will be undertaken as part of the normal WAP review and amendment cycle, subject to the outcome of a feasibility assessment. The South Australian Government has committed to developing an accredited South Australian Murray Region Water Resources Plan by 2017 as part of the Murray–Darling Basin Plan (the Basin plan) implementation process. This includes the introduction of unbundled WAPs for the prescribed wells areas of Mallee, Noora, Peake, Roby and Sherlock by the end of 2017. 34 – Mining and petroleum operations require a water licence where they take water from a prescribed resource. However, in South Australia a large proportion of mines are outside of prescribed water resource areas. Although Regional NRM Plans manage some aspects of water interception and extraction through water‑affecting activity permits, permits do not directly control National Water Commission volume. Indentures also operate, for example Roxby Downs Indenture (Olympic Dam Expansion), but these are uncommon. In March 2012, South Australia signed the National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development. Under the agreement, South Australia must refer a coal seam gas (CSG) or coal mining proposal to the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Developments (IESC) for advice if the proposal is likely to have a significant impact on water resources, either in its own right or cumulatively with other actions. Advice from the IESC informs decision‑making on licences and conditions. 289 290 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Water to meet environmental and other public benefit outcomes identified in water plans to be defined, provided and managed. 35 35 (i) – The Natural Resources Management Act 2004 (SA) requires WAPs to achieve an equitable balance between social, economic and environmental needs for water. Under section 76 of the Natural Resources Management Act 2004 (SA), WAPs must include information such as quantity and quality, expected availability, and the type and extent of ecosystems for which environmental water will be provided. The Natural Resources Management (Review) Amendment Act 2013 (SA), which came into effect on 16 August 2013, expands the requirements for WAPs to include: • an assessment of the capacity of the resource to meet environmental water requirements • where practicable, information about the quantity, quality and timing of when water is expected to be made available, as well as the type and extent of ecosystems to which it is to be provided. WAPs are required to provide a statement of environmental outcomes expected to be delivered on account of the provision of environmental water under the plan. 35 (ii) – Environmental water needs are provided for through rules, limits on extraction or managed allocations. The Natural Resources Management Act 2004 (SA) requires that WAPs include a statement of the environmental outcomes expected based on the provision of the environmental water allocated under the plan. Environmental water in the South Australian Murray–Darling Basin region is made up of water: • allocated to South Australia through The Living Murray (TLM) • allocated to South Australia by the Commonwealth Environmental Water Holder (CEWH) • designated as Class 7 and 9 water in the WAP for the River Murray Prescribed Watercourse • from private donations • from unregulated flows. The Basin plan sets new requirements for water resource planning, including environmental water, for Murray–Darling Basin resources. South Australia has advised it is in the process of implementing these requirements, including identifying annual environmental watering priorities for the 2014–15 water year and commencing long‑term work on the Basin‑wide environmental water strategy with the other Murray–Darling Basin jurisdictions and the Murray–Darling Basin Authority (MDBA). NWI actions NWI paragraph Commentary 2014 In the South Australian portion of the Murray–Darling Basin, as with other Murray–Darling Basin states, environmental water is less secure at times of extremely low water availability. Other types of environmental water, including water held under programs such as TLM, share the same level of security as consumptive uses, but are also subject to the CEWH requirements of the 2008 Intergovernmental Agreement on Murray–Darling Basin Reform. 35 (iii) – In South Australia, environmental water takes two forms: planned environmental water which is water set aside outside of the consumptive pool established within a WAP, and licensed environmental water which is set within the consumptive pool established within a WAP and is statutory based. Only licensed environmental water is tradeable in South Australia. Licensed environmental water can be traded on a temporary or permanent basis, subject to the provisions of the relevant WAP. Water plans to be prepared along the lines of the characteristics and components at Schedule E based on the following priorities: • plans for systems that are overallocated, fully allocated or approaching full allocation • plans for systems that are not yet approaching full allocation 39–40 39 – South Australia has implemented a water planning process that is NWI consistent. See NWI paragraph 26 for details on progress. In South Australia prescription of a resource under the Natural Resources Management Act 2004 (SA) triggers a series of actions leading to the regulation of water extraction by a licensing regime, and the development and implementation of a statutory WAP, which sets out the extraction limits and management regimes for the prescribed water resource. The Natural Resources Management Act 2004 (SA) is administered by the Department of Environment, Water and Natural Resources (DEWNR). WAPs are developed by NRM boards for each prescribed water resource in their regions. The WAPs are supported by Regional NRM plans that include goals and strategies for the integrated management of water and other natural resources. National Water Commission Water resources outside prescribed areas are managed in accordance with the provisions of the relevant NRM Plan. For example, South Australia advises that in the Alinytjara Wilurana (AW) region, the AW NRM plan was amended (July 2013) to specifically manage the issues raised by the NRM board and the community in relation to water management. 291 292 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 South Australia has developed a Risk Management Framework for Water Planning and Management (2012) that introduces a process for risk management that applies to all of the state’s water planning and management activities. Its associated policy – Risk Management Policy and Guidelines for Water Allocation Plans (2012) – makes operational the framework for the management of WAP development processes. 40 – South Australia has developed the statewide Monitoring, evaluation, reporting and improvement guidelines for water allocation plans, which guide the development and review of plan objectives. NRM boards produce annual reports that provide a general update on progress with WAP development or implementation as part of a broader Regional NRM Plan. Substantially complete addressing overallocation as per NCC commitments. Substantial progress towards adjusting all overallocated and/or overused systems. 41, 43–45 41 – South Australia has completed WAPs for all 15 stressed water systems identified in South Australia’s National Competition Council commitments. See NWI paragraph 26 for further details. 43–44 – South Australia’s Overallocation Policy and Decision Support Framework (2013) sets out processes and prioritisation to address overuse or overallocation, including issues relating to unbundling, community engagement and interception. Water recovery has occurred in several local areas with high competition for water. The South Australian process for conversion from area‑based to volumetric‑based licences has been used to provide information to irrigators about their use levels and encourage more efficient methods of irrigation. This process is addressing potential allocation and usage issues while maintaining existing or, in some cases, enabling increased levels of production. The conversion process has now been largely completed, reducing the possibilities of future unsustainable use. The Natural Resources Management Act 2004 (SA) includes a number of powers to permanently reduce water allocations depending on the circumstances. Sections 155 and 164N allow the Minister to take immediate action to reduce entitlements or allocations as an issue is identified. Section 76 provides power for a WAP to effect reductions when the WAP is adopted or at a later stage depending on, for example, resource condition triggers. A WAP also determines or provides a mechanism for determining the consumptive pool from time to time, and a change in this determination or mechanism can be a tool to address overallocation. The Minister does not have to wait until a review of the WAP occurs to reduce allocations. 45 – See actions associated with NWI paragraph 97. NWI actions NWI paragraph Commentary 2014 Risk assignment framework to be implemented immediately for all changes in allocation not provided for in overallocation pathways in water plans. 46–51 46–51 – South Australia has adopted an alternative risk‑assignment framework in accordance Water plans to address Indigenous water issues. 52–54 with NWI paragraph 51. The Natural Resources Management Act 2004 (SA) enables the Minister to make reductions to water licences under certain circumstances, primarily when a WAP is revised and less water is available for consumptive use under this revised plan. Licences can be altered to be consistent with the current WAP. 52–54 – The South Australian water allocation planning framework engages Indigenous communities, along with other stakeholders, to identify their water values and requirements through the WAP consultation process. Section 79 (6)(a) of the Natural Resources Management (Review) Amendment Act 2013 (SA) requires that anybody who represents the interests of Aboriginal people, as identified by the Minister, must be consulted during WAP preparation. The Natural Resources Management Act 2004 (SA) states that regional NRM board members should have experience and knowledge of Indigenous heritage and interests in land and water. One NRM board in South Australia (Alinytjara Wilurara) is wholly made up of nine Indigenous members, reflecting the fact that more the half the region is held as dedicated Indigenous lands. Several WAPs (including the Mallee, Tatiara and Padthaway prescribed wells areas) allow unlicensed access and use for social, cultural and spiritual purposes, provided the flow of water is not diverted or impeded for collection. In September 2012, a Notice of Authorisation to Take Water for Native Title Purposes was published in the South Australian Government Gazette. This provides for the taking of water for the purpose of satisfying personal, domestic, cultural, spiritual or non‑commercial communal needs and occurs in the exercise or enjoyment of native title rights and interests. This Notice of Authorisation is in effect an expression of section 207 of the Natural Resources Management Act 2004 (SA) which states that ‘Nothing done under this Act will be taken to affect native title in any land or water’ National Water Commission 293 294 Australia’s water blueprint: national reform assessment 2014 NWI actions Implementation of measures to address water interception by land use change activities on a priority basis in accordance with water plans. NWI paragraph Commentary 2014 55–57 55–57 – The South Australian system is based on prioritisation then regulation through the water planning process for priority interception activities. The system is a regulatory approach to major interception activities and is supported by policy instruments which recognise interception activities as ‘water affecting activities’. Assessment of the risk to resource of relevant interception activities is undertaken in WAP development. Sustainable extraction limits are set under the WAP’s water account for current and projected volumetric impacts of interception activities. High‑impact plantation forestry expansion in the lower south‑east is currently managed under development regulation, which broadly takes account of forestry impacts on water resources. The interception risk of plantation expansion is identified in WAPs. An amendment to the Natural Resources Management Act 2004 (SA) (Natural Resources Management (Commercial Forests) Amendment Act 2011 (SA)) in 2011 provides for commercial scale plantations to acquire either a licence or permit for groundwater interception volumes, depending on the significance of the impact to the water resource, and consistent with the relevant NRM Plan or WAP. Forest water licensing has been incorporated in the Lower Limestone Coast WAP, while forestry permits are incorporated in the Western and Eastern Mount Lofty Ranges WAPs and the Kangaroo Island Regional NRM Plan. The impact of dams and bores is managed in non‑prescribed water resources under the policy for managing water‑affecting activities in NRM Plans. Where a surface water system is prescribed, the impacts of dams are accounted for in the relevant WAP. Farm dam development is subject to management zone sustainable capacities which drive dam density and consumptive use restrictions. Farm dam development is subject to consumptive use limits and diversion limits at the local or catchment scale, which drives dam density and consumptive use restrictions. Farm dams can require construction permits including capacity and management provisions. Stock and domestic water is taken into account, but impacts are estimated because stock and domestic use is generally not metered (although extraction in some high‑demand areas is licensed). Stock and domestic bores require a permit for construction and can also require licensing in prescribed areas. Other diversions and extractions are metered where possible, or estimated through land use and water use surveys and modelling. Managed aquifer recharge from the capture, storage and reuse of stormwater has significantly increased and will be managed as part of the licensing system in prescribed resources. NWI actions NWI paragraph Commentary 2014 Water markets and trading Adoption of publicly accessible, compatible systems for registering water access entitlements and trades consistent with Schedule F: • • 59 pathways leading to full implementation 59 – In South Australia, DEWNR manages the registration and administration of water access entitlements and water trades through the Water Information and Licensing Management Application (WILMA). WILMA records information about water access entitlements, allocations and site use approvals, work approvals and usage. Information about water permits, licences, allocations and approvals is publicly available through the South Australian Water Register. South Australia is continuing with the development of the Common Registry Solution which will deliver the function of recording details of water rights, market information and individual water accounts, as well as transactions and dealings in relation to water rights. full implementation. Inter‑operability has been established to provide the automated exchange of information between South Australia and other states for allocation trades. With the termination of the National Water Market System (NWMS) project, South Australia has advised that it is investigating the potential for inter‑operability of systems for other trades. Establish compatible institutional and regulatory arrangements that facilitate trade, consistent with principles in Schedule G: National Water Commission • remove institutional barriers to trade • remove barriers to temporary trade • remove barriers to permanent trade • no imposition of new barriers to trade 60 60 – South Australia temporarily suspended water allocation trading for a week at the end of March 2012 to protect its entitlement flow for the following year in response to carryover arrangements introduced in Victoria and Victoria’s suspension of allocation trade in late 2011–12. South Australia states that the need for states to suspend River Murray water allocation trade arises partly from the provisions of the 2008 Intergovernmental Agreement on Murray–Darling Basin Reform. These limit the water storage space available to each state, and for South Australia, require water allocation trades processed and accounted for between 1 April and 30 June in one water year to be delivered in the following water year. No restrictions on interstate trade have been imposed since 2012, however South Australia advises that the suspension of water allocation trade into or out of South Australia, or a volumetric limit on trade, will be considered if South Australia identifies an unacceptable risk to their entitlement flow. 295 296 Australia’s water blueprint: national reform assessment 2014 NWI actions Relevant parties (Commonwealth, NSW, Victoria and SA) agree to: • take necessary steps to enable the use of exchange rates and/or tagging for interstate trade • reduce barriers to trade in southern Murray–Darling Basin • review actions to assess whether relevant parties have removed barriers • NWI paragraph 63 Commentary 2014 63 – Interstate entitlement trade using tagging is available in South Australia, although take‑up continues to be slow. Interstate allocation trade continues to be active between the various connected trading zones in NSW, Victoria and South Australia. In 2012–13, 79,519 ML of water allocation was traded out of the state, and 1,004,098 ML was traded into South Australia (representing an increase of 98 per cent compared with 2011–12). The 4 per cent limit, or any other limit on trade out of an irrigation district, is not applied in South Australia. The Irrigation Act 2009 (SA) and the Renmark Irrigation Act 2009 (SA) provide that an irrigation trust is not able to restrict permanent trade of water out of its network and must facilitate trade both in and out of a trust network at the request of its members in accordance with the Water Act 2007 (Cwth). The Commission has coordinated a number of reviews and evaluations of the effectiveness of the Australian water market. For example, 63 (vi) is specifically addressed by the Commission’s Impacts of trade reports, and 63 (vii) is considered to have been satisfied by the 2009 Biennial Assessment. NWC monitor impacts of trade Best practice water pricing and institutional arrangements Complete commitments under the 1994 COAG Water Reform Framework to bring into effect pricing policies for water storage and delivery in rural and urban systems. 65 65 (i) – South Australia has implemented consumption‑based pricing in both rural and urban systems. See NWI paragraph 66 below for further detail. 65 (ii) – See discussion for NWI paragraph 66. 65 (iii) – Progress has been made towards achieving more consistent pricing practices across jurisdictions in the Murray–Darling Basin to promote efficient water trade through the ACCC’s regulatory functions under the Water Act 2007 (Cwth). The Essential Services Commission of South Australia (ESCOSA) is conducting an inquiry into pricing reform for the water and wastewater services sector. NWI actions NWI paragraph Commentary 2014 Metropolitan: 66 continued movement 66 (i) – SA Water uses a two‑part tariff system with prices consisting of a fixed (supply) charge and a volumetric (water usage) charge, which rises with consumption under a three‑tier inclining towards upper‑bound block structure. pricing 66 (ii) – SA Water has developed a Pricing Policy Statement Recycled Water and Stormwater for 2014–15. SA Water sets prices for its recycled water and stormwater schemes consistent with ESCOSA’s principles and the NWI pricing principles. A water use charge for dual reticulation (residential) is applied which is 90 per cent of the first‑tier drinking water price. • • development of pricing policies for recycled water and stormwater • review and development of pricing policies for trade wastes • development of national guidelines for water accounts. Rural and regional: • full cost recovery for all rural surface and groundwater‑ based systems • achievement of lower‑bound pricing for all rural systems in line with existing NCC commitments • continued movement towards upper‑bound pricing for all rural systems, where practicable 66 (iii) – SA Water has developed a Trade Waste General Policy (2013) which outlines the system SA Water uses to regulate, accept and manage trade waste. The policy states that SA Water applies charges on a user‑pays basis to companies that exceed certain minimum standards. 66 (iv) – This reform action was completed prior to 2011. National Guidelines for Residential Customers Water Accounts were endorsed at the 11th meeting of the Natural Resource Management Ministerial Council (NRMMC) and released on 24 November 2006 by Australian Government, state and territory water ministers. 66 (v) (a) and (b) – ESCOSA, the state’s independent industry regulator, is conducting an inquiry into water pricing reform, which includes an examination of statewide pricing. The South Australian Government will consider any recommendations on statewide pricing when ESCOSA presents its final report, which is due by the end of 2014. 66 (v) (c) – SA Water receives a Community Service Obligation (CSO) from the South Australian Government for the provision of water services in regional areas at metropolitan water prices. The CSO subsidy is reported publicly on SA Water’s website. National Water Commission 297 298 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Consistent approaches to pricing and attributing costs of water planning and management. 67-68 67–68 – South Australia reports there are no specific licensing arrangements to recover water planning and management costs, however water planning and management costs are recovered partially by: • The NRM water levy – legislated and governed under the Natural Resources Management Act 2004 (SA), this levy is applicable to all water entitlement holders and some authorised users. The levy is directly attributable to the relevant Regional NRM Plan and the funds are spent in the region in which they are raised. The levy is based on quantity of water allocated, and activities supported by the charge are clearly articulated on DEWNR’s website • The Save the River Murray levy – payable by SA Water customers (excluding those entitled to concessions) as part of water rates. The amount a customer is required to pay is determined based on property type, and all levy amounts are paid into the Save the River Murray Fund held by the Minister (SA). Annual reports are tabled in Parliament and are publicly available on the DEWNR’s website • Water licence fees. Public reporting of cost recovery for water planning and management. These water charges are identified and listed on the DEWNR’s website. However, the approach is not systematic and not all charges are clearly linked to specific water planning and management activities. The South Australian Minister for Water and the River Murray has directed SA Water to continue to contribute to water planning and management charges under section 6 of the Public Corporations Act 1993 (SA). The Initial Pricing Order requires that any determination of the ESCOSA must allow SA Water to recover the cost of water planning and management charges. The Commission’s Cost recovery for groundwater planning and management in Australia, Waterlines report no. 88 (2012) notes that in South Australia, the government funds a large proportion (if not all) of groundwater planning and management costs and there is limited reliance on user charges. Investment in new or refurbished water infrastructure to continue to be assessed as economically and ecologically sustainable before being approved. 69 69 – Investment decisions by South Australian Government agencies are guided by the Treasurer’s Instructions and the Guidelines for the evaluation of public sector initiatives (1998). Under the South Australian Government’s financial management framework, all projects over $4 million must be scrutinised by the Public Works Committee of the South Australian Parliament. Future investments and capital projects are assessed by both SA Water and ESCOSA as part of South Australia’s three‑yearly revenue determination under the Water Industry Act 2012 (SA). NWI actions NWI paragraph Commentary 2014 Release of unallocated water 70-72 70–72 – South Australia’s Unallocated Water Policy was endorsed by the Minister for Sustainability, Environment and Conservation in July 2013. The policy sets out a preferred process for issuing water licences to access unallocated water and seeks to ensure unallocated water is made available for consumption in a fair and equitable manner. It provides a definition of unallocated water and a process for its identification, and outlines a preferred process for issuing licences to access unallocated water. Environmental externalities: 73 73 – South Australia uses a regulatory approach to manage environmental externalities. For example, under the Lower Limestone Coast Water Allocation Plan (2013), water licences will be introduced to address both direct extraction and interception of recharge by forestry plantations. • • manage environmental externalities through a range of regulatory measures (such as through setting extraction limits in water management plans and by specifying the conditions for the use of water in water use licences) South Australia continues to manage environmental externalities through salinity management zoning in the River Murray region. Through the River Murray Salinity Zoning Policy (2005), the potential for further irrigated agriculture is maintained by limiting the level of water use in high‑salinity impact areas. It also promotes development in areas where the impact on salinity is less or where it can be negated by salt interception schemes. examine the feasibility of Refer to NWI paragraphs 67–68 for a discussion on pricing mechanisms for the South Australian Murray-Darling Basin. using market‑based mechanisms such as pricing to account for positive and negative environmental externalities associated with water use • implement pricing that includes externalities where found to be feasible National Water Commission Benchmarking efficient performance: • independent, public, annual reporting of performance benchmarking for all metropolitan, non‑metropolitan and rural • 299 water delivery agencies develop nationally consistent report framework. 75-76 75 – South Australia has provided benchmarking information for inclusion in National Performance Report for urban and rural utilities. At the time of writing the future of this reporting is uncertain. 76 – Costs associated with operating performance and benchmarking systems are funded by SA Water. 300 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Independent pricing regulator: 77 • independent pricing bodies to set and review prices or pricing processes for water storage and delivery and publicly report Commentary 2014 77 – ESCOSA is the independent economic regulator for water and wastewater services across the state. Under the Water Industry Act 2012 (SA), the South Australian Government has conferred additional functions to the ESCOSA such as licensing and price regulation. ESCOSA made its first pricing determination in May 2013, setting maximum allowed revenues for drinking water and sewerage retail services for the three‑year period from 1 July 2013 to 30 June 2016. On the 24 September 2012, the Treasurer of South Australia tasked ESCOSA to undertake an inquiry into pricing reform for drinking water and sewerage retail services provided by SA Water. ESCOSA is due to submit its final report by 31 December 2014. Integrated management of environmental water Recognising the different types of surface water and groundwater systems: • effective and efficient management and institutional arrangements • to ensure the achievement of environmental outcomes; and • where it is necessary to recover water to achieve environmental outcomes, to adopt the principles for determining the most effective and efficient mix of water recovery measures. 79 79 (i) a) – The Natural Resources Management Act 2004 (SA) provides the statutory framework for managing environmental water in South Australia. Regional NRM boards are responsible for developing statutory WAPs that include environmental water provisions. 79 (i) b) – The Natural Resources Management Act 2004 (SA) requires both WAPs and Regional NRM plans to address and be consistent with intergovernmental agreements. South Australia is party to a number of joint arrangements where resources are shared between jurisdictions including: • Lake Eyre Basin Intergovernmental Agreement 2000 • Intergovernmental Agreement on Implementing Water Reform in the Murray–Darling Basin 2013 • the 1985 Border Groundwaters Agreement (updated 2005). 79 (i) c) – South Australia reports that resources have not historically been managed conjunctively due to the limited understanding of the connectivity between key surface and groundwater resources. However, more recently WAPs have begun to adopt an integrated management approach as understanding of the resource develops. The WAPs prepared for Eastern and Western Mount Lofty Ranges show greater consideration of surface and groundwater connectivity, including placing minimum caps on available recharge required to provide for environmental water requirements. NWI actions NWI paragraph Commentary 2014 Section 76(4)(a.ii) of the Natural Resources Management Act 2004 (SA) also requires consideration of connectivity in WAPs, whereby the plan must assess whether taking or using water from the resource will have a detrimental effect on the quality or quantity of water that is available from any other water resource. South Australia reports that all WAPs identify connectivity between surface water and groundwater systems, even if the focus of the individual plan is on one resource. 79 (i) d) – Although some WAPs outline extensive monitoring and reporting programs, most generally focus on baseline monitoring for ecological values. Water quantity and quality are often measured in conjunction with these monitoring programs, aiming to assess the upper and lower limits required to maintain ecological function. The Monitoring, Evaluation, Reporting and Improvement (MERI) guidelines for South Australian WAPs were released in December 2012. The guidelines identify risk‑based approaches to water planning to enable a focus on where it is most needed. The 10‑year review cycle for WAPs is the mechanism for evaluating and reviewing environmental water arrangements. Adaptively managed environmental water is reviewed more frequently as part of the TLM program No periodic independent audit is currently undertaken. National Water Commission 79 (i) e) – In South Australia, environmental water takes two forms: planned environmental water which is water set aside outside of the consumptive pool established within a WAP, and licensed environmental water which is set within the consumptive pool established within a WAP and is statutory based. Only licensed environmental water is tradeable in South Australia. Licensed environmental water can be traded on a temporary or permanent basis, subject to the provisions of the relevant water allocation plan. 79 (i) f) – South Australia has identified priority high ecological value aquatic ecosystems (HEVAEs) across the state. The WAP is the mechanism for providing specific arrangements for the maintenance of HEVAE values. Environmental watering requirements for those ecosystems are considered during the development of related water allocation plans. 301 79 (ii) – South Australia has adopted a mix of approaches to achieve environmental and other public benefit outcomes in stressed areas. See NWI paragraphs 43–44 for more detail on water recovery measures. 302 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 81 81 – South Australia has participated at a national level in the development of national water accounting standards and reporting frameworks, including the Water Accounting Conceptual Framework, the General Purpose Water Accounting Reports and the Australian Water Accounting Standards (AWAS 1 and AWAS 2). Water resource accounting Benchmarking of accounting systems South Australia uses AWAS 1 and the Water Accounting Conceptual Framework in providing data to the Bureau of Meteorology (BOM) for the general purpose water account. 82-83 Environmental water accounting: • develop an environmental water register and annual reporting arrangements • apply the environmental water register and annual reporting arrangements. 85 188 Consolidated water accounts: • develop and implement robust water accounting • identify situations where close interaction between surface and groundwater exist to integrate the accounting of groundwater and surface water use. 82 – See actions associated with NWI paragraph 81 above. 83 – South Australia’s water accounting systems recognise connectivity between groundwater and surface water systems. 85 – In South Australia a water account has been established for the management of environmental water trades within and into South Australia from TLM, CEWH and non‑government organisations. A water licence and account has also been established for management of South Australian Government held environmental and wetland water. The Riverine Recovery Program is providing funding to develop a Management Action Database with the capacity to record all trades and accounting of environmental water. The database is expected to be operational in late 2014. It allows for the recording of water accounting transactions, as well as planned and actual environmental water transactions so that allocations can be planned and tracked. Use and outcomes of held environmental water for the South Australian River Murray is reported publicly through the River Murray Environmental Watering Report, produced annually by the South Australian Government. NWI actions NWI paragraph Commentary 2014 Outside of the Murray–Darling Basin, only some sections of rivers below major reservoirs report environmental water. Other types of environmental water provisions are reported in disclosure notes as part of the National Water Account for BOM. Environmental water provision notes have been provided for several areas in the Adelaide region for the National Water Account. South Australia is participating in the development of the Environmental Water Accounting Standards through the Australian Water Accounting Committee. 86 86 – South Australia has participated with other NWI parties in the development and implementation of BOM’s AWAS 1 (see NWI paragraph 81 for more detail). Metering and measuring actions: • develop metering and measuring actions • implement metering and measuring actions. 87-88 87–88 – South Australia has contributed to the development of the National Framework for Non‑Urban Water Metering (2010). National guidelines on water reporting: • develop and apply national guidelines on water reporting covering the application, scale, detail and frequency for open reporting. 89 Implement information measures South Australia has developed the South Australian Licensed Water Use Metering Policy (2012), which sets out the statewide policy for metering licensed water in South Australia. It includes the South Australian Licensed Water Use Meter Specification (2012). 89 – South Australia participated in the development of the NWMS, which was designed to support water accounting and resource management by providing market information and assisting with the accurate recording of water entitlements and management of transactions. This project has now ceased. A major element of the NWMS was the development of a Common Registry System (CRS), a standardised national water register that was planned to replace existing water registers in South Australia. South Australia contributed to and was fully supportive of the final system architecture developed by the CRS project. National Water Commission Funding for the build and the implementation of the CRS ceased on 1 July 2014. South Australia is currently investigating options to progress the design and implementation of the CRS. 303 304 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 91 91 (i) – The Water Efficiency Labelling and Standards (WELS) scheme is a joint initiative of the Australian and state and territory governments. The Water Efficiency Labelling and Standards Act 2005 (Cwth) provides the legal framework for the scheme. In 2006 South Australia enacted complimentary legislation, and in 2013 the updated legislation, the Water Efficiency Labelling and Standards Act 2013 (SA). Urban water reform Implementation of demand management measures, including: • implementation and compliance monitoring of WELS, including mandatory labelling and minimum standards for agreed appliances • develop and implement ‘Smart Approved WaterMark’ for garden activities • review effectiveness of temporary water restrictions and associated public education strategies, and consider extending low‑level • restrictions to standard practice implement management responses to water supply and discharge system losses including leakage, excess pressure, overflows and other maintenance needs 91 (ii) – The Smart Approved WaterMark is a not‑for‑profit organisation established by four associations: the Australian Water Association, Irrigation Australia, the Nursery and Garden Industry, Australia and the Water Services Association of Australia. It is overseen by a steering committee with representation from the Australian and state and territory governments, water utilities, the four governing associations, and the chair of the Technical Expert Panel (an independent panel which assesses applications to the scheme). Project establishment was finalised in 2011 and a report on the delivery of the Smart Approved WaterMark was provided to the Department of the Environment. The program continues to provide product efficiency ratings to consumers. 91 (iii) – South Australia participated in the production of the Commission’s national review of water restrictions, published in 2008. Water conservation, demand management and improved water availability throughout South Australia have resulted in water restrictions being eased for most of the state from 1 December 2010 and Water Wise Measures coming into place. Areas previously subject to permanent water conservation measures, including the state’s south‑east and Kangaroo Island, are now covered by Water Wise Measures. The new measures also apply to customers in Whyalla and Port Pirie. Penalties apply for non‑compliance. 91 (iv) – The South Australian Water for Good Action Plan contains Action 29, for SA Water to include leak detection in the water auditing process of the Business Water Saver Program, and Action 38, for SA Water to continue its program of leak detection and repair in its metropolitan and major country town networks and report annually on progress. NWI actions NWI paragraph Commentary 2014 A major leak detection and repair program covering Adelaide and a number of regional areas was completed in 2011. South Australia reports that during 2012, SA Water continued to refine the quality and coverage of its leakage measurement methodology and commenced a research project with the University of Adelaide and the Goyder Institute to assess the contribution of on‑property leakage to the overall water balance calculation. In 2012 SA Water finalised a Leak Analysis and Water Profiling Service, which is available for customers to access for a fee. Encourage further innovation in urban water use including: • develop and apply national health and environmental guidelines for water sensitive urban designs for recycled water and stormwater • develop national guidelines for evaluating options for water sensitive urban developments in both new urban sub‑divisions • • National Water Commission • and high rises evaluate existing water sensitive urban icon developments review institutional and regulatory models for integrated urban water cycle planning and management and develop best‑practice guidelines review incentives to stimulate innovation. 92 92 – South Australia has participated in national level working groups and committees to develop the Australian Guidelines for Water Recycling: Managing Health and Environmental Risks (2009) which address water quality guidelines for recycled and stormwater use. South Australia has developed the South Australian Recycled Water Guidelines (2012) which adopt the Australian Guidelines for Water Recycling (2009) for scientific guidance. The guidelines provide information on the approval process in South Australia, including appropriate agencies, legislative requirements and the steps involved in obtaining approval. The South Australian guidelines cover various recycled water sources including sewage, greywater, roof run‑off and stormwater. In November 2012, South Australia published the Water Sensitive Urban Design – Creating more liveable and water sensitive cities in South Australia. The policy outlines statewide water sensitive urban design (WSUD) targets, details the South Australian Government’s role in supporting the uptake of WSUD, provides a pathway for supporting WSUD within South Australia’s planning and environmental protection legislation and details other state commitments to support WSUD. South Australia is also supporting current research by the Goyder Institute to better understand issues and impediments to WSUD uptake in South Australia, and is a partner in the CRC for Water Sensitive Cities’ research program. 305 306 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Community partnerships and adjustment Open and timely consultation with all relevant stakeholders in relation to: • pathways for returning overallocated systems to sustainable extraction levels, periodic review of water plans, and other significant decisions affecting the security of water access entitlements. 95 95 – South Australia has statutory consultation requirements as part of the review and subsequent amendment process for WAPs under the Natural Resources Management Act 2004 (SA). Amendments to the Natural Resources Management Act 2004 (SA) in 2012 require regional NRM boards to give public notice of any decision to proceed to prepare a draft WAP. In addition, non‑statutory consultation processes are undertaken with specific stakeholder and industry groups across regions. Regional NRM boards are responsible for managing the consultation processes within the particular region. South Australia’s Water for Good requires the preparation of regional water demand and supply plans to assess the state of a region’s water resources and the extent of supplies available within that region, as well as to assess current and future demand for water in the region. Demand and supply plans have recently been prepared for the Eyre Peninsula, Northern and Yorke Peninsula, Alinytjara Wilurara and the South Australian Arid Lands NRM regions. The manner of engagement and consultation with the community and industry varies from region to region, including the need to take into account concurrent or previous consultation processes. Regional NRM boards have the autonomy to determine the appropriate level of community engagement and consultation required for their particular region. Provision of accurate and timely information to all relevant stakeholders in relation to the progress of water plan implementation and other issues relevant to the security of water access entitlements. 96 96 – South Australia’s Water Connect is an online, publicly accessible resource which provides communities and industry with contemporary and real‑time water information on a number of issues including water licences, permits, allocations, wells and water trade. In addition, information is made available through fact sheets, reports, and technical and scientific documents such as: • Water for Good annual report and progress reports • regional supply and demand statements • groundwater and surface water status reports NWI actions Address significant adjustment issues affecting water access entitlement holders and communities that may arise from reductions in water availability as a result of implementing the NWI. NWI paragraph Commentary 2014 97 97 – The South Australian Government has invested $20 million in the Riverland Sustainable Futures Fund to deliver structural changes, investment and employment outcomes in the region. The Private Irrigation Infrastructure Program for South Australia funds irrigation infrastructure efficiency improvements for MDB operators in South Australia, with a share of the water savings achieved from those projects to be used for environmental water purposes. The program is part of the Sustainable Rural Water Use and Infrastructure component of the Australian Government’s Water for the Future. In exchange for funding, successful applicants transfer water entitlements to the CEWH to use for environmental water purposes. The South Australian River Murray Sustainability program was launched in 2013 and is a $265 million funding package to support regional economic and environmental sustainability through two programs – the Irrigation Industry Improvement Program ($240 million) and the Regional Economic Development Program ($25 million). The programs are being delivered by Primary Industries and Regions South Australia. The Regional Economic Development Program will invest in specific programs to support regional and industry related research and development. Knowledge and capacity building National Water Commission 307 Science priorities and research: • identify the key science priorities to support implementation of the NWI and where this work is being undertaken • implement any necessary measures to ensure the research effort is well coordinated and publicised, and any gaps are addressed. 101 101 – In South Australia, the Goyder Institute for Water Research provides water research and expert advice to support priority state government water policy development and water security needs for South Australia. Through its research themes of Urban Water, Environmental Water, Water for Industry and Climate Change, it is working in partnership with CSIRO, Adelaide University, Flinders University, the University of South Australia, SARDI and the Australian Water Quality Centre (SA Water) to deliver science capacity. South Australia is participating in the National Knowledge and Research Platform to prioritise research programs and to coordinate cost‑effective research across jurisdictions, to facilitate access to research outcomes to support NWI implementation. South Australia is also participating in the National Hydrological Modelling Strategy to standardise its surface water hydrologic models in the ‘Source’ platform to be consistent with the national water modelling platform. The aim is to provide model compatibility and consistency across jurisdictions, which provides underpinning science for the preparation and implementation of statutory water management plans consistent with the NWI principles. 308 Australia’s water blueprint: national reform assessment 2014 Tasmania NWI actions NWI paragraph Commentary 2014 Water access entitlement and planning framework Implementation of the 26-27 framework: • substantial completion of plans to address any existing overallocation for all river systems and groundwater resources in accordance with commitments under the 1994 COAG Water Reform Framework • legislative and administrative regimes amended to incorporate the elements of the entitlements and allocation framework in this agreement. 26 – Tasmania has not identified any systems as overallocated. In its 2006 NWI implementation plan Tasmania committed to developing plans for the Meander River including the Liffey River; the Macquarie River including the Elizabeth and Tooms rivers; the Jordan River; and Coal River. Of these, one plan is currently in draft, the Macquarie River Catchment Water Management Plan (WMP) and the other rivers are not covered by plans. Tasmania has advised that water planning activities will be progressed in 2013–14 in the state’s north‑west, including the Duck, Welcome and Montague river catchments. In addition, Tasmania intends to develop management frameworks for a range of catchments including the Meander, Jordan, Coal and Forth rivers. WMPs are prepared under the Water Management Act 1999 (Tas) and are the responsibility of the Department of Primary Industries, Parks, Water and Environment (DPIPWE). DPIPWE prepares WMPs where an area has been identified as requiring a higher level of management due to greater resource development. At present nine WMPs are operational with a 10th, the South Esk plan, to be implemented following the 2013–14 irrigation season. WMPs are currently in draft for the Macquarie River and Ringarooma River catchments. DPIPWE expects approximately 15 WMPs will be required and it is not intended the whole of Tasmania be covered by plans. Areas not yet covered by WMPs are managed under the provisions of the Water Management Act 1999 (Tas). 27 – The Water Management Act 1999 (Tas) provides for the planning, regulation, management, protection and allocation of Tasmania’s freshwater resources. It provides the statutory basis for water access entitlements. Water access entitlements to be defined and implemented. 28-34 28–33 – The Water Management Act 1999 (Tas) provides for NWI‑consistent water entitlements. Entitlements to water are provided through water licences, upon which water allocations are endorsed. Water licences are valid for 40 years and may specify the surety with which a water allocation can be expected to be available for taking. NWI actions NWI paragraph Commentary 2014 WMPs establish allocation limits in accordance with a determination of the catchment’s sustainable yield. In most instances, Tasmania uses a rule of thumb allocating a 20 per cent proportion of the yield for consumptive purposes. Most plans define allocation limits for both the summer/direct‑take and winter/storage‑take periods. WMPs establish rules of access to water resources in the plan area. These provisions include allocation limits, restriction measures for surface water and groundwater, minimum lake levels and triggers for review of licensing arrangements if use reaches what the plans’ term as unsustainable levels (e.g. groundwater, stock and domestic). Under Part 5 of the Water Management Act 1999 (Tas), owners and occupiers of land may take dispersed surface water and groundwater from the land for any purpose without a water licence, except where this will cause environmental harm or contravenes licensing provisions specified in a WMP or under an appointed Groundwater Area Groundwater is considered in the development of WMPs through a hydrological assessment of groundwater and associated risks in the plan area. New plans make allowance for a review to determine the need for groundwater licensing should significant growth in extraction occur. The Minister for Primary Industries and Water (Tas) may appoint an area as a Groundwater Area as a mechanism to bring groundwater extraction under a regulatory regime. The purpose of a Groundwater Area is to define specific areas where groundwater resources are intensively used and commercial groundwater licensing is required to equitably and sustainably manage the water resource. DPIPWE has developed a regulatory framework for groundwater management and a system for the licensing of groundwater extraction to be implemented in high‑priority areas and situations. National Water Commission Tasmania’s first Groundwater Area, the Sassafras Wesley Vale, was appointed in 2012 as part of the Sassafras Wesley Vale Water Management Plan (2012). It requires that all commercially extracted groundwater be licensed. The Great Forester Water Management Plan (2003) states that the department will implement a groundwater licensing system within the first five years of the plan (by 2008) with licence conditions covering reporting of water usage and drilling records, however this has not been done and Tasmania advises of no plans to do so in the near future. 309 310 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Hydro Tasmania holds a special licence which grants it the right to all water resources in hydro‑electric districts, with the exception of water for town use, stock and domestic, resource‑dependent ecosystems and allocated under water licences to other users. While under section 112 of the Water Management Act 1999 (Tas) Hydro Tasmania must comply with a WMP only if its licence conditions are amended to state this, the development of WMPs by DPIPWE is undertaken is consultation with Hydro Tasmania to ensure alignment between special licences and WMPs. Licensed water access entitlements under the Water Management Act 1999 (Tas) are property rights, separated from land titles and able to be mortgaged and traded. Water entitlements in irrigation districts, including those managed by Tasmanian Irrigation, are issued as irrigation rights under the Irrigation Clauses Act 1973 and are tradeable within the district in which they are issued. 34 – As with any other party, mines are required to have a licence under the Water Management Act 1999 (Tas) to take water from a water resource. All water licences in Tasmania are issued for a period of 40 years with provision for reassessment of licence conditions every five years. These licences are tradeable. Groundwater take does not require a licence unless specified under a WMP or a Groundwater Area. Water to meet environmental and 35 other public benefit outcomes identified in water plans to be defined, provided and managed. 35 – The Water Management Act 1999 (Tas) requires water plans to include a statement of environmental (and other) objectives, a description of the water regime that best gives effect to environmental (and other) objectives and an assessment of the ability of the regime to achieve those objectives. Environmental water is provided through allocation limits (annual maximum volumes available for extraction) and rules under which flows can be accessed. Mechanisms such as cease‑to‑take provisions are used to maintain baseflows under low‑flow conditions. Environmental water has a higher level of surety than all consumptive uses other than critical human needs and stock and domestic, however there are no licences held for environmental purposes. The Water Management Act 1999 (Tas) requires WMPs to identify ecosystem water requirements, water management rules and any likely detrimental effects resulting from water extraction. Important freshwater ecosystem values are identified through the state’s Conservation of Freshwater Ecosystems Values (CFEV) project and new water plans are supported by a range of detailed environmental studies. NWI actions NWI paragraph Commentary 2014 In some cases, Hydro Tasmania undertakes voluntary releases of environmental flows, which are overseen by DPIPWE to integrate with water management of the plan area. Even though the Water Management Act 1999 (Tas) makes specific provision for both entitlement and rules‑based environmental water, water resources in Tasmania are largely unregulated and environmental water is rules‑based. Provisions in WMPs establish the amount of water that can be allocated at various surety levels, taking into account the plan’s objectives and the water regime necessary to achieve them, existing water use and the sustainable allocation limits derived for the plan area. Limiting allocation to a 20 per cent proportion of the yield is considered by Tasmania to provide a conservative ‘rule of thumb’ approach. WMPs contain rules‑based restriction levels to ensure minimum lake levels and maintain healthy ecosystem function. Thresholds are also set that trigger a requirement for in‑stream dams to pass inflows and cease‑to‑take measures to maintain minimum environmental flows during drought or low‑flow periods. In appointed Groundwater Areas, groundwater thresholds trigger restriction management actions to preserve levels to sustainable limits. The Water Management Act 1999 (Tas) allows for the trade of environmental water allocations, but because environmental water in Tasmania is currently rules based, trade is not possible. Water plans to be prepared along the lines of the characteristics and components at Schedule E based on the following priorities: National Water Commission • plans for systems that are overallocated, fully allocated or approaching full allocation • plans for systems that are not yet approaching full allocation 39–40 39 – Tasmania has implemented a water planning process which is NWI consistent. Plans are prepared in accordance with the Water Management Act 1999 (Tas) using the Standard Operating Procedures for the Development of Statutory Water Management Plans in Tasmania (SOPs), which were revised in March 2010 and guided by Tasmania’s Generic Principles for Water Management Planning (2009). 40 – Specific performance indicators for WMP objectives are not defined, however plans specify that their performance will be assessed and reported on annually. The annual reporting is to be based on whether a plan’s provisions include the intended streamflow conditions in relation to its objectives or, in the more recent plans, the effectiveness of its water management provisions in achieving its environmental and water usage and development objectives. Some plans specify an annual report to the Minister while others specify only that the department will report annually. Data in relation to flow, groundwater monitoring and compliance is publicly available through the online Water Information System Tasmania (WIST), which offers limited interpretive ability against plan objectives 311 312 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Substantially complete addressing overallocation as per NCC commitments. 41, 43–45 41 – See NWI paragraph 26 for detail on progress. Substantial progress towards adjusting all overallocated and/or overused systems. 43–44 – At present no water systems in Tasmania are considered overallocated. Several plans indicate that catchments are approaching full allocation or are fully allocated for the direct‑take season. A number of plans, such as that for Ansons River, indicate that if and when allocation limits are approached in the future, further assessment work will be undertaken to review allocation limits in light of new scientific, environmental and climate knowledge. The key mechanisms in Tasmanian WMPs for managing water resources within sustainable levels are setting annual extraction limits and daily access rules. The draft Ringarooma River Catchment WMP includes a trigger for implementation of irrigator water sharing arrangements, in which irrigators self‑manage temporary sharing arrangements for their licensed water to avoid the need for system‑level cease‑to‑take provisions. Although no water recovery is undertaken in Tasmania, management mechanisms are being implemented in some systems with medium levels of competition. The focus of water management is to identify and set appropriate limits and hydrologic regimes to preserve catchment condition, provide for further development and ensure systems do not become overused in the future. Several WMPs have identified the availability of further water allocations after setting a sustainable extraction limit and a hydrologic water regime. New allocations are mostly designated as potential winter take when higher flows are available, to minimise environmental risk to the water resource during the summer‑take period (e.g. in the Tomahawk River Catchment WMP). Groundwater use is prevalent and increasing in some areas (e.g. north and north‑west). The extraction of groundwater for commercial purposes is currently only licensed in the Sassafras Wesley Vale appointed Groundwater Area. As noted at NWI paragraphs 28–34, the statement included in the Great Forester Water Management Plan (2003) that groundwater for uses other than stock and domestic will require a licence by 2006 has not been implemented. Groundwater levels are monitored in most catchments and several plans make allowance for the status of groundwater to be reviewed if extraction increases to unacceptable levels (i.e. draft Ringarooma and Macquarie WMPs, and South Esk, Tomahawk, Lakes Sorrel and Crescent, Little Swanport and Clyde WMPs). NWI actions NWI paragraph Commentary 2014 Reduced rainfall and surface water flows experienced in recent years, together with increased demand for irrigation water, has led to a greater reliance on groundwater extraction in the Sassafras Wesley Vale system. This led to the appointment in 2012 of the Sassafras Wesley Vale Groundwater Area as part of the Sassafras Wesley Vale Water Management Plan (2012). Licences have now been issued for taking groundwater in this area. 45 – See actions associated with NWI paragraph 97 for more detail. Risk assignment framework to be implemented immediately for all changes in allocation not provided for in overallocation pathways in water plans. 46–51 46–51 – The Water Management Act 1999 (Tas) notes that allocations may be reduced and that compensation may be paid to licence holders. Tasmania advises that it is working towards implementing updated risk‑assignment arrangements from 1 January 2015, which would specify the risk‑sharing provision between licence holder and government. Water plans to address Indigenous water issues. 52–54 52–54 – Tasmania has neither legislative provisions that require Indigenous water access issues to be dealt with in its water planning processes, nor any provisions for the recognition of native title rights to water. No water plans in Tasmania identify water requirements for Indigenous customary, social or spiritual needs or provide water specifically to Indigenous people for any purpose. There are no specific requirements for Indigenous engagement in the development of WMPs, beyond general stakeholder engagement. 55–57 55–57 – Farm dams are regulated, with all dams greater than 1 ML and all watercourse dams requiring a dam works permit. Implementation of measures to address water interception by land use change activities on a priority basis in accordance with water plans. A permit is required for well development, along with a well driller’s licence – which provides the ability to estimate stock and domestic use of groundwater more accurately. National Water Commission A Water Availability and Forest Landuse Planning Tool (WAFL) was developed by DPIPWE in partnership with the Forest Practices Authority. It provides a tool for assessing the potential impact of plantation forestry on catchment water yield and contributes modelled interception data to new water plans. The CSIRO Tasmania Sustainable Yields Project, undertaken in 2009, assessed a range of regions on current and likely future extent and variability of surface water and groundwater resources. 313 314 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Water markets and trading Adoption of publicly accessible, compatible systems for registering water access entitlements and trades consistent with Schedule F: • pathways leading to full implementation • full implementation. Establish compatible institutional and regulatory arrangements that facilitate trade, consistent with principles in Schedule G: • remove institutional barriers to trade • remove barriers to temporary trade • remove barriers to permanent trade • no imposition of new barriers to trade Southern MDB trade actions 59 59 – Under the Water Management Act 1999 (Tas) the Minister must keep a register of all licences and permits granted. Where a licence is transferred, or a water allocation of a licence is transferred, the Minister must record in the register such particulars as he or she thinks fit relating to the transfer. Water access entitlement information is currently available through WIST, an online graphical search that allows customers to use a map of Tasmania to find basic water licence information within a catchment. Detailed licence information can be requested from the DPIPWE through a manual process for a nominal fee. 60 60 – The current development of irrigation schemes will result in more areas which are able to trade entitlements and allocations. 63 63 – Not applicable to Tasmania NWI actions NWI paragraph Commentary 2014 Best practice water pricing and institutional arrangements Complete commitments under the 1994 COAG Water Reform Framework to bring into effect pricing policies for water storage and delivery in rural and urban systems. 65 65 – Consumption based pricing is in place for metropolitan and rural customers, however the lack of metering in some locations means that not all consumers are charged on a usage basis (see comments against NWI paragraph 88). All urban water is metered and priced according to a regulated two‑part tariff system. Prices are set in accordance with state legislation and are consistent with the NWI pricing principles. Tariff reform arrangements aim to achieve full cost recovery in 2020. There is little trading across sectors in Tasmania. Where urban water is used for irrigation, it is purchased at the water service provider’s commercial tariff. Similarly, where urban water is sourced from a non‑price‑regulated commercial water user, it is likely to be priced at the supplier’s opportunity cost. Metropolitan: • continued movement towards upper‑bound pricing • development of pricing policies for recycled water and stormwater • review and development of pricing policies for trade wastes • development of national guidelines for water accounts. Rural and regional: National Water Commission • full cost recovery for all rural surface and groundwater‑ based systems • achievement of lower‑bound pricing for all rural systems in line with existing NCC commitments 66 (i) – TasWater commenced operating on 1 July 2013 and was formed through the amalgamation of the three Tasmanian regional water and sewerage corporations. TasWater committed through the Price and Services Plan 2012–2015 to transition customers receiving a regulated service onto a pricing structure which ultimately recovers the cost for providing the service. The Tasmanian Economic Regulator identified the need to start the price reform process as a priority to transition customers to defined target tariffs and ensure appropriate recovery of capital expenditure. For the first regulatory period, 1 July 2012 to 30 June 2015, ‘target tariffs’ (prices) were set that will begin to move customers towards the real cost of providing the services. The Tasmanian water and sewerage sector has recently adopted two‑part tariffs (comprising a service availability charge and a service usage charge) that meet the sustainability threshold, but significant legacy issues remain and thus upper‑bound pricing has not been achieved to date. It is intended that cost‑reflective upper‑bound pricing will be fully implemented by the end of the transition period, in 2020. The Water and Sewerage Industry Act 2008 (Tas) enables price and service plans and price determinations not to apply some of the pricing principles during the transition period. The Water and Sewerage Industry Act 2008 (Tas) also provides for an additional revenue limit to those prescribed under the NWI, the statutory revenue limit. The statutory revenue limit is the amount of revenue required to achieve the level of cost recovery stipulated in the Water and Sewerage Industry Act 2008 (Tas). Prices may be charged to the extent that it is commercially and technically reasonable, to reflect at least the costs that are directly attributable to the provision of the regulated service. 315 316 Australia’s water blueprint: national reform assessment 2014 NWI actions • continued movement towards upper‑bound pricing for all rural systems, where practicable NWI paragraph Commentary 2014 66 (ii) – Recycled water customers are required to enter into a formal Recycled Water Agreement with TasWater. The agreement details legal arrangements such as infrastructure ownership and recycled water pricing. Each recycled water property must also have a site‑specific Irrigation and Environmental Management Plan detailing recycled water management, and how the recycled water will be used in a manner that is safe and sustainable. Pricing of recycled water varies between each scheme. Tasmania advises that future pricing strategies will reflect the principles of least‑cost effluent disposal. Stormwater services are the responsibility of local government. Rates to fund the provision of these services are set by each local government council. 66 (iii) – The Price and Services Plan 2012–2015 includes pricing for the provision of trade waste services. Trade waste charges reflect the costs for management of trade waste including collection, transportation and treatment. Charges are based on the discharge category and the level of risk associated with the acceptance of a customer’s trade waste to the wastewater network. 66 (iv) – The National Guidelines for Residential Customers Water Accounts were endorsed at the 11th meeting of the Natural Resource Management Ministerial Council (NRMMC) and released on 24 November 2006 by Australian Government, state and territory water ministers. 66 (v) – Water charges for some of the existing Tasmanian irrigation schemes include an asset renewal levy to maintain the continuing service capacity of the schemes for the foreseeable future. It is unclear how this approach is linked to lower‑bound pricing calculations. Tasmanian Irrigation Pty Ltd was established on 1 July 2011. Its ongoing operating costs, including provision for asset renewal, are met by annual charges levied on water entitlement holders. A Community Service Obligation (CSO) exists in the urban water and sewerage sector to avoid perverse pricing outcomes and fees are subsidised in the rural sector to encourage development. Any shortfall between the revenue required to achieve cost recovery from water users and the total costs recovered through water charges is reported. Urban water CSO amounts are reported publicly in the Tasmanian Economic Regulator’s annual report on the state of the urban water and sewerage industry and also in the urban utilities’ National Performance Reports. NWI actions NWI paragraph Commentary 2014 Consistent approaches to pricing and attributing costs of water planning and management. 67-68 67 – The urban water sector does not directly recover water planning and management costs but Tasmania applies specific fees and charges under the Water Management Act 1999 (Tas) and related regulations. Fees and charges are independently assessed under the Subordinate Legislation Act 1992 (Tas) to determine whether or not a regulatory impact statement is required in relation to the costs of the proposed fees. These fees and charges typically increase in line with the Consumer Price Index. Public reporting of cost recovery for water planning and management. A review of the costs of water planning and management activities under the Water Management Act 1999 (Tas) has recently been undertaken, in line with the NWI pricing principles and the Tasmanian Government’s pricing policies. The Minister for Primary Industries and Water is considering the findings of the review, which includes an analysis of the full costs borne by DPIPWE, the attribution of costs to the government and water users on a beneficiary‑pays principle, and the costs currently recouped in undertaking water planning and management activities in Tasmania. 68 – Cost recovery is not yet reported for planning and management. Investment in new or refurbished water infrastructure to continue to be assessed as economically and ecologically sustainable before being approved. 69 Release of unallocated water 70-72 69 – As part of the due diligence assessment process for Commonwealth Water for the Future funding for the development of modern and efficient irrigation in Tasmania, the Australian Government assesses each business case submitted for funding to ensure it is technically feasible and financially viable and complies with both Tasmanian and Australian Government environmental legislation. Tasmanian Irrigation Pty Ltd requires that all schemes it constructs are economically viable and environmentally sustainable 70–72 – Generally, WMPs identify additional volumes of water available for further allocation, primarily during the winter period. National Water Commission Hydro Tasmania holds a special licence which grants it the right to all water resources in hydro‑electric districts, not including any rights to water held by other parties (e.g. Part 5 rights and rights under a water licence). Under these arrangements the water rights in several catchments are fully committed. To enable further allocations for consumptive uses, Hydro Tasmania may agree to transfer the rights to discrete volumes of water to other users which become part of the allocation framework. Unallocated water in irrigation areas is released through market mechanisms. 317 318 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Environmental externalities: 73 73 – There has been little progress in implementing externality pricing in Tasmania. Tasmania notes such pricing is not appropriate at present, given the absence of fully developed pricing regulatory arrangements. Instead, Tasmania uses regulatory mechanisms to address externalities. In irrigation schemes, for example, water rights’ holders must have a farm water access plan as condition of water use. • • manage environmental externalities through a range of regulatory measures (such as through setting extraction limits in water management plans and by specifying the conditions for the use of water in water use licences) TasWater sources water through the same licensing system as other water users in Tasmania, and is subject to the same regulatory mechanisms that are in place to address environmental externalities. examine the feasibility of Environmental externalities are not specifically considered in the Tasmanian Economic Regulator’s price determination using market‑based mechanisms such as pricing to account for positive and negative environmental externalities associated with water use • implement pricing that includes externalities where found to be feasible Benchmarking efficient performance: • independent, public, annual reporting of performance benchmarking for all metropolitan, non‑metropolitan and rural • water delivery agencies develop nationally consistent report framework. 75-76 75 – Tasmania had provided benchmarking information for inclusion in the National Performance Report for urban water service providers. At the time of writing the future of this reporting is uncertain. The Tasmanian Economic Regulator is also required to report annually on the performance of the Tasmanian urban water and sewerage sector. 76 – Tasmania has not been required to report on rural (irrigation) service provision to date. NWI actions NWI paragraph Independent pricing regulator: 77 • independent pricing bodies to set and review prices or pricing processes for water storage and delivery and publicly report Commentary 2014 77 – Tasmania has one urban water and sewerage service provider, TasWater. It is subject to price regulation in the delivery of urban reticulated water and sewerage services by the Tasmanian Economic Regulator under the provisions of the Water and Sewerage Industry Act 2008 (Tas) and associated regulations. In 2012 the Tasmanian Economic Regulator produced the 2012 Water and Sewerage Price Determination Investigation – Final Report which contains the regulator’s decisions on pricing, customer service standards and cost recovery. TasWater also provides some services that are not subject to price regulation. These include water for irrigation, re‑used water and stormwater services provided via a combined sewerage/stormwater system. In the rural sector there is one state‑owned irrigation company that supplies irrigation water in a non‑price regulated environment. Other irrigation ventures operate on a collective basis. Integrated management of environmental water National Water Commission Recognising the different types of surface water and groundwater systems: • effective and efficient management and institutional arrangements • to ensure the achievement of environmental outcomes; and • where it is necessary to recover water to achieve environmental outcomes, to adopt the principles for determining the most effective and efficient mix of water recovery measures. 79 79 (i) a) – The Water Management Act 1999 (Tas) provides the statutory framework for environmental water in Tasmania. These arrangements give DPIPWE responsibility for the delivery of environmental water. Under the Water Management Act 1999 (Tas), water can be allocated to the environment as an entitlement or under a rules‑based system. Through managing consumptive use under WMPs or licence conditions, water is provided for the environment. 79 (i) b) – Does not apply to Tasmania. 79 (i) c) – Surface water and groundwater are defined in the Water Management Act 1999 (Tas) and their connectivity is explicitly recognised. WMPs are required to identify interconnectivity and dependencies between surface water and groundwater in a catchment. In the absence of data, surface water and groundwater are considered to be highly connected. A Draft Framework for Integrated Management of Groundwater and Surface Water in Tasmania (Discussion Paper) was released in 2011 but has not been finalised. 319 320 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 79 (i) d) – Tasmania does not currently undertake periodic independent audit, review or public reporting of the achievement of environmental and other public benefit outcomes. 79 (i) e) – Environmental water in Tasmania is provided for in WMPs as planned environmental water. In Tasmania, planned environmental water is not tradeable on the temporary market. 79 (i) f) – In Tasmania, high conservation value freshwater ecosystems are those considered especially representative of their type while also demonstrating high degrees of naturalness. Tasmania employs the Conservation of Freshwater Ecosystems Values (CFEV) assessment to determine environmental values and identify the conservation management priorities of those values – as part of developing WMPs. This provides information on the water needs of high‑value ecosystem assets. The CFEV assessment is also used by DPIPWE to determine areas of interest for environmental flow studies, dam assessment reports and natural value assessments. DPIPWE has also developed the Tasmanian Environmental Flows Framework to provide information on the environmental water requirements for particular catchments to inform WMP development. 79 (ii) – Tasmania has not identified overallocation within the state and so does not employ any measures for water recovery, though the Water Management Act 1999 (Tas) provides for reduction in allocations under a WMP in order to meet environmental objectives. Water resource accounting Benchmarking of accounting systems 81 Consolidated water accounts: 82-83 • develop and implement robust water accounting • identify situations where close interaction between surface and groundwater exist to integrate the accounting of groundwater and surface water use. 81 – Tasmania has participated at a national level in the development of national water accounting standards and reporting frameworks, including the Water Accounting Conceptual Framework, the General Purpose Water Accounting Reports and the Australian Water Accounting Standards (AWAS 1 and AWAS 2). Hydro Tasmania implemented a pilot project to trial the AWAS. 82–83 – Tasmania does not currently prepare water accounts. NWI paragraph Commentary 2014 Environmental water accounting: • develop an environmental water register and annual reporting arrangements • apply the environmental water register and annual reporting arrangements. 85 85 (i) – Environmental water in Tasmania is rules based and therefore Tasmania does not have an environmental water register. Under the Water Management Act 1999 (Tas) the Minister may determine that a water allocation of a licence is to be used only for a specified purpose, which can be environmental (although none have been created at this stage). If created, the details of the licence would be entered onto the WIST register. 188 NWI actions 85 (ii) – Given the unregulated nature of most Tasmanian catchments, Tasmania uses a rules based approach to achieve environmental outcomes, rather than providing a specific water access entitlement for the environment. Environmental outcomes are not reported on, although ongoing streamflow, groundwater levels and some water quality data are available on WIST. Tasmania has advised that it intends to commence publicly available reporting on water regime outcomes. Tasmania has not progressed development of a framework for reporting on significant rules‑based environmental water. Implement information measures Metering and measuring actions: • develop metering and measuring actions • implement metering and measuring actions. 86 86 – See actions associated with NWI paragraph 81. 87-88 87–88 – Tasmania has participated in the development of national water metering standards and reporting framework. The Tasmanian Metering Project, partially funded by the Australian Government, achieved practical completion at the end of June 2012. Reticulated urban water supply to customers that is regulated under the Water and Sewerage Industry Act is fully metered. National Water Commission In rural areas to date, extraction has generally not been metered except in specific circumstances (e.g. for transitional allocations in the draft Ringarooma WMP area, where metering is required for at least two years to make decisions about ongoing allocations). Some WMPs mandate the use of meters for specified types of extraction. The level of metering is determined by DPIPWE, but more developed catchments generally have the highest levels of metering. A draft policy for rural water metering is being progressed for consideration by the Tasmanian Government during 2014. 321 322 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph National guidelines on water 89 reporting: • develop and apply national guidelines on water reporting covering the application, scale, detail and frequency for open reporting. Commentary 2014 89 – Tasmania is participating in the development of the Environmental Water Accounting Standards through the National Water Accounting Committee. Tasmania has agreed to implement the National Framework for Non-urban Water Metering (2010). Urban water reform Implementation of demand 91 management measures, including: • implementation and compliance monitoring of WELS, including mandatory labelling and minimum standards for agreed appliances • develop and implement ‘Smart Approved WaterMark’ for garden activities • review effectiveness of temporary water restrictions and associated public education strategies, and consider extending low‑level • restrictions to standard practice implement management responses to water supply and discharge system losses including leakage, excess pressure, overflows and other maintenance needs 91 (i)—The Water Efficiency Labelling and Standards (WELS) scheme is a joint initiative of the Australian and state and territory governments. The Water Efficiency Labelling and Standards Act 2005 (Cwth) provides the legal framework for the scheme. Tasmania has enacted complementary legislation. 91 (ii) – The Smart Approved WaterMark is a not‑for‑profit organisation established by four associations: the Australian Water Association, Irrigation Australia, the Nursery and Garden Industry, Australia and the Water Services Association of Australia. It is overseen by a steering committee with representation from the Australian and state and territory governments, water utilities, the four governing associations, and the chair of the Technical Expert Panel (an independent panel which assesses applications to the scheme). Project establishment was finalised in 2011 and a report on the delivery of the Smart Approved WaterMark was provided to the Department of the Environment. The program continues to provide product efficiency ratings to consumers. 91 (iii) – Tasmania participated in the production of the Commission’s national review of water restrictions. The state’s single water and sewerage corporation, TasWater, is responsible for the management of water and wastewater services, including the enforcement of water restrictions. Usually there are no water restrictions for domestic consumption in Tasmania. TasWater reserves the option to enact water restrictions when storages become critically low due to unforeseen operational issues or due to drought conditions. Restriction management is based on flow‑volume triggers and lake levels. When in force restrictions can include limiting garden watering times and equipment, car washing etc. NWI actions NWI paragraph Commentary 2014 Encourage further innovation in urban water use including: • develop and apply national health and environmental guidelines for water sensitive urban designs for recycled water and stormwater • develop national guidelines for evaluating options for water sensitive urban developments in both new urban sub‑divisions and high 92 92 – Tasmania has participated in national level working groups and committees to develop the Australian Guidelines for Water Recycling: Managing Health and Environmental Risks (2009) which address water quality guidelines for recycled and stormwater use. • • A stormwater harvesting and reuse project has been implemented at Derwent Park. This has the capacity to replace more than 1.5 billion litres of reticulated drinking water a year by supplying industrial and urban irrigation needs from harvested stormwater supplemented with groundwater. rises evaluate existing water sensitive urban icon developments review institutional and regulatory models for integrated urban water cycle planning and management and develop best‑practice guidelines review incentives to stimulate innovation. Community partnerships and adjustment • National Water Commission Open and timely consultation with all relevant stakeholders in relation to: • pathways for returning overallocated systems to sustainable extraction levels, periodic review of water plans, and other significant decisions affecting the security of water access entitlements. 95 95 – The Water Management Act 1999 (Tas) requires WMPs to be developed in collaboration with stakeholders. This includes public notification of plan development and public release of the draft plan for comment for at least 60 days. Consultation for most plans has included public forums to explain planning aspects and scientific reports. The consultation process also includes the establishment of a consultation group to contribute to plan development. A secretary’s report responds to all public submissions on draft plans, indicating the adoption of amendments. Review of the secretary’s report is undertaken by the Tasmanian Planning Commission to determine whether a hearing is required and to prepare a public report of recommendation. Standard operating procedures for the development of WMPs set out guidelines for the consultation process. 323 324 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Provision of accurate and timely information to all relevant stakeholders in relation to the progress of water plan implementation and other issues relevant to the security of water access entitlements. 96 Address significant adjustment issues affecting water access entitlement holders and communities that may arise from reductions in water availability as a result of implementing the NWI. 97 Commentary 2014 While plans are reviewed and or amended in accordance with the specifications of each individual plan, the same consultation requirements apply as for developing a new plan. Where the only amendments to the plan are for consistency with any relevant state policy, the same consultation is not required. In this circumstance, the secretary must publish a copy of the proposed amendments in a local newspaper together with a notice inviting members of the public to provide written representations and considers all written representations received. 96 – Under section 45 of Water Management Act 1999 (Tas), during August in each year and at any other time when so required by the Minister, a responsible water entity must provide the Minister with a written report on its administration of a WMP during the preceding period of 12 months. There is no requirement for the reports to be publicly available and the report is not required to cover progress against meeting plan objectives. Until 2008, annual waterway monitoring reports provided regular information on catchment hydrology, water allocations and ecological health. Annual effectiveness reporting is a requirement of WMPs, however Tasmania advises that annual reports are no longer produced. A range of monitoring data (e.g. stream flow) is available online through the WIST in real time, although this provides only limited interpretation against plan objectives. 97 – Under the Water Management Act 1999 (Tas) the holder of a prior right that is abrogated as a result of the development of a WMP is entitled to compensation for any liability incurred or loss sustained unless it is necessary to achieve the water objectives in the plan or the holder consents to the abrogation or reduction. Most Tasmanian water resources have low to medium levels of development. Consequently, no active water recovery is required to be undertaken. Tasmania advises that structural adjustment is not a significant issue, hence little consultation or monitoring in relation to structural adjustment has occurred. NWI actions NWI paragraph Commentary 2014 Knowledge and capacity building Science priorities and research: • identify the key science priorities to support implementation of the NWI and where this work is being undertaken • implement any necessary measures to ensure the research effort is well coordinated and publicised, and any gaps are addressed. 101 101 – Tasmania has participated in national research identification and prioritisation and knowledge sharing forums in relation to the urban water sector. To support NWI implementation and recognise the current and future impacts of climate change on rural and urban sectors, the Tasmanian Government has initiated the Climate Futures for Tasmania project. Climate Futures interprets climate projections at a local scale between 1961 and 2100, for use by state and local governments, industry and communities. It assesses how water will flow through Tasmanian water catchments under different climate scenarios and evaluates specific climate indicators most important for key agricultural productivity. Tasmania has undertaken two key projects that underpin flow regime and ecosystem decisions in water planning. One of the key planning tools for provision of environmental water is the CFEV database. Commencing in 2002, it provided a statewide audit and conservation evaluation of Tasmania’s freshwater‑dependent values, mapping and categorising rivers, estuaries and wetlands according to their relative condition and conservation value. Important freshwater ecosystem values are recorded in the CFEV database, which is used by multiple Tasmanian organisations as a common basis for prioritising natural resource management activities. The Tasmanian Environmental Flows (TEFlows) project was designed to allow learnings from one catchment area to inform management decisions in other similar catchment types. It assessed the critical flow dependencies of ecological assets in catchments of varied hydrology and improved confidence that the environmental flow provisions established in WMPs would replicate the natural flow regime as far as possible. National Water Commission 325 326 Australia’s water blueprint: national reform assessment 2014 Australian Capital Territory NWI actions NWI paragraph Commentary 2014 Water access entitlement and planning framework Implementation of the 26-27 framework: • substantial completion of plans to address any existing overallocation for all river systems and groundwater resources in accordance with commitments under the 1994 COAG Water Reform Framework • legislative and administrative regimes amended to incorporate the elements of the entitlements and allocation framework in this agreement. 26 – At the commencement of the NWI, the Australian Capital Territory was not required to complete any commitments related to the development of water plans for overallocated systems under the 1994 COAG Water Reform Framework. Currently, the ACT has one water planning area and the water plan for this area is complete. The Australian Capital Territory reports that it has no overallocated water systems. Water access entitlements to be defined and implemented. 28–33 – The Australian Capital Territory has implemented NWI‑consistent legislation through the 28-34 27 – The Water Resources Act 2007 (ACT) provides the statutory basis for water access entitlements in the Australian Capital Territory. The Water Sharing Plan is in subordinate legislation and comprises two disallowable instruments: DI 193 describes water management areas and DI 191 details the volume of surface water and groundwater that can be taken from each water management area. The Australian Capital Territory’s long‑term strategy, the ACT Water Strategy 2014–44: Striking the Balance, guides development, integration and implementation of management plans prepared by water service providers and agencies involved in activities and works in the catchment, as well as planning and development agencies operating within the Australian Capital Territory and region. It uses a 30‑year planning horizon with provisions for reviews every five years. Water Resources Act 2007 (ACT), which provides the statutory basis for water access entitlements in the Australian Capital Territory. 34 – Although the Australian Capital Territory has not defined how it will implement NWI paragraph 34, there are no major mining activities currently occurring or likely to occur within the Australian Capital Territory. The Australian Capital Territory has advised that mining activities are currently prohibited under the Australian Capital Territory’s Territory Plan (2009). NWI actions NWI paragraph Water to meet environmental and 35 other public benefit outcomes identified in water plans to be defined, provided and managed. Commentary 2014 35 (i) – The Water Resources Act 2007 (ACT) is the legal basis for managing water in the Australian Capital Territory. Under the Act, the Environmental Flow Guidelines are a statutory instrument to determine the water necessary to maintain the health of aquatic ecosystems. The Australian Capital Territory’s Environmental Flow Guidelines were reviewed in 2011 and re‑enacted in early 2013. The Australian Capital Territory provides water for the environment before water for consumptive use. The Australian Capital Territory reports that it has cooperated with arrangements for the Basin plan’s environmental watering regime where applicable. 35 (ii) – Water for the environment and other public benefit outcomes is ‘rules based’ and provided via in‑stream flows. However, in the Australian Capital Territory portion of the Murray–Darling Basin, as with other Basin states, environmental water is less secure at times of extremely low water availability. The 2008 Intergovernmental Agreement on Murray–Darling Basin Reform states that Critical Human Water Needs are the highest‑priority water use for communities dependent on Murray–Darling Basin water. The Australian Capital Territory reports that more than half the annual historic average amount of water it has paramount rights to – some 494 GL – is allocated to the environment. The remainder is available for consumptive uses. ACTEW holds a licence for 65 GL per year, which is 33 per cent of the available water after environmental flow allocation, and about half of this is returned to the Murray–Darling Basin via the Molonglo River after treatment at the Lower Molonglo Water Quality Control Centre (Review of Think water, act water: the ACT’s long term water strategy 2012). National Water Commission Water plans to be prepared along the lines of the characteristics and components at Schedule E based on the following priorities: • plans for systems that are overallocated, fully allocated or approaching full allocation 327 • plans for systems that are not yet approaching full allocation 39–40 35 (iii) Water for the environment in the Australian Capital Territory cannot be traded on the water market. 39 – The Australian Capital Territory has implemented water planning processes that are NWI consistent. The Australian Capital Territory reports that it has no overallocated water systems. The Australian Capital Territory has one water planning area and the plan for this area is complete. 40 (i) and (ii) – The Australian Capital Territory monitors the performance of its water plan and has adaptive management systems in place. 40 (iii) – The Australian Capital Territory produces an annual ACT Water Report which provides information on the state of the water resources and water resource management in the Australian Capital Territory. 328 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Substantially complete addressing overallocation as per NCC commitments. 41, 43–45 41, 43–45 – The Australian Capital Territory reported that it has no overallocated water systems. The Australian Capital Territory has operated within the extraction limits agreed under the Murray– Darling Basin cap process since 1998, and usage levels to date have been well within the cap. A new Sustainable Diversion Limit (SDL) for the Australian Capital Territory and a timeframe for its implementation have now been set by the Murray–Darling Basin Plan (the Basin Plan). The new lower limit also allows for water returned to the system and makes a contribution to the shared reduction amount designed to improve environmental outcomes in the lower reaches of the Murray River system. Risk assignment framework to be implemented immediately for all changes in allocation not provided for in overallocation pathways in water plans. 46–51 46–51 – Although the Australian Capital Territory has no risk‑assignment policy in place, the Water plans to address Indigenous water issues. 52–54 Substantial progress towards adjusting all overallocated and/or overused systems. Implementation of measures to address water interception by land use change activities on a priority basis in accordance with water plans. Australian Capital Territory partially addresses the assignment of risk where reductions to water allocations arise from seasonal or long‑term changes in climate. The Australian Capital Territory states that as it provides water for the environment as a priority, any reductions in environmental flows would be reflected in an increase in water available for water entitlement holders. 55–57 52–54 – The Australian Capital Territory has statutory requirements to consult all stakeholders, including Indigenous groups, in the development of water plans and to identify their water values and the water requirements to maintain them. The Australian Capital Territory has actively engaged Indigenous communities through the development of the Australian Capital Territory’s water resource plan, currently being prepared as required by the Basin plan. 55–57 – Interception activities, such as unlicensed basic landholders’ rights, are identified in the Australian Capital Territory water sharing plan and there has been some consideration of the impact of forest regrowth on water supplies after bushfire. The installation of rainwater tanks and farm dams is regulated. The water planning process in the Australian Capital Territory requires estimates of unaccounted intercepted water within the water plan area, but it does not require the activity or location to be explicitly identified. At present the Australian Capital Territory is not undertaking further reform to improve the capacity to manage interception activities, as current policies and legislation are consistent with managing existing activities. The Australian Capital Territory generally has limited interception activities as the region is small and most activities are regulated. NWI actions NWI paragraph Commentary 2014 Stock and domestic bores require a licence and are generally metered. Plantation forestry was previously a potential interception issue, however after the 2003 bushfires the amount of commercial forestry in the Australian Capital Territory has reduced significantly with no new plantations being introduced. Farm dams above 2 ML and/or on a waterway require licensing, and rainwater tanks are regulated under the Water Resources Act 2007 (ACT). Water markets and trading Adoption of publicly accessible, compatible systems for registering water access entitlements and trades consistent with Schedule F: • pathways leading to full implementation • full implementation. Establish compatible institutional and regulatory arrangements that facilitate trade, consistent with principles in Schedule G: National Water Commission • remove institutional barriers to trade • remove barriers to temporary trade • remove barriers to permanent trade • no imposition of new barriers to trade Southern MDB trade actions 59 59 – The Australian Capital Territory Government’s Environment and Planning Directorate maintains an online register of water access entitlements, water allocations and water licences. 60 60 – The Australian Capital Territory has legislative and regulatory frameworks in place for facilitating water trading both between water management areas in the Australian Capital Territory and interstate. To permit cross‑border trading of allocations involving the Australian Capital Territory and New South Wales, an agreement is required between the two jurisdictions, however such an agreement is still not in place. Therefore water trading in the Australian Capital Territory is currently restricted to intrastate entitlement trade. The Australian Capital Territory advises that it is currently working with the Murray–Darling Basin Authority (MDBA) and New South Wales to develop and implement these interstate water trading arrangements. 63 This paragraph does not apply to the Australian Capital Territory. 329 330 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 Best practice water pricing and institutional arrangements Complete commitments under the 1994 COAG Water Reform Framework to bring into effect pricing policies for water storage and delivery in rural and urban systems. 65 65 – The Australian Capital Territory has implemented its commitments under the 1994 COAG Water Reform Framework to bring into effect pricing policies for water storage and delivery in rural and urban systems. Metropolitan: 66 66 (i) – Upper‑bound pricing of water storage and delivery has been achieved in the ACT. • continued movement towards upper‑bound pricing • development of pricing policies for recycled water and stormwater • review and development of pricing policies for trade wastes • development of national guidelines for water accounts. Rural and regional: • full cost recovery for all rural surface and groundwater‑ 66 (ii) – The Australian Capital Territory advises that pricing policies for recycled water and stormwater are in the final stages of development. The number of sites in the Australian Capital Territory is small with the only stormwater reticulation system a model/demonstration site which the Australian Capital Territory advises has a limited potential market. The pricing methodology has been reviewed by the Independent Competition and Regulatory Commission, however the licensing system is yet to be finalised. The Australian Capital Territory advises that recycled water is provided by the water utility from the main treatment plant on a very limited basis, and is priced at a high relative price to potable water pricing. Recycled water has also been made available at the Lower Molonglo Water Quality Control Centre free of charge. The water is available for commercial use and assisting in maintaining public areas during the Australian Capital Territory’s permanent water conservation measures. based systems • achievement of lower‑bound pricing for all rural systems in line with existing NCC commitments • continued movement towards upper‑bound pricing for all rural systems, where practicable 66 (iii) – Pricing policies for trade waste are still being finalised by ACTEW Water. Trade waste in the Australian Capital Territory is limited and site specific and mainly confined to grease traps associated with restaurants and food production. 66 (iv) – National Guidelines for Residential Customers’ Water Accounts were endorsed at the 11th meeting of the Natural Resource Management Ministerial Council (NRMMC) and released on 24 November 2006 by Australian Government, state and territory water ministers. 66 (v) – Full cost recovery for the storage and delivery of rural surface and groundwater‑based systems has been achieved in the Australian Capital Territory. NWI actions NWI paragraph Commentary 2014 Consistent approaches to pricing and attributing costs of water planning and management. 67-68 67–68 – Water management and planning costs have been recovered since 1995 through the Australian Capital Territory’s Water Abstraction Charge (WAC). Investment in new or refurbished water infrastructure to continue to be assessed as economically and ecologically sustainable before being approved. 69 69 – In the Australian Capital Territory all investment in new or refurbished infrastructure is subject to a triple bottom line analysis and can be referred to the Independent Competition and Regulatory Commission (ICRC) for an assessment of its economic viability and environmental sustainability. Release of unallocated water 70-72 70–72 – Unallocated water is only released in the Australian Capital Territory when the water plan identifies that part of the consumptive pool has not been granted to an entitlement or licence. For potential new stormwater harvesting and reuse projects, the water must be accounted for and the proponent will be required to obtain a water licence or an authorised specified exemption from a licence and pay a WAC. Public reporting of cost recovery for water planning and management. National Water Commission 331 332 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Environmental externalities: 73 73 – Environmental externalities are generally recovered through the Australian Capital Territory’s WAC. The WAC has several components, including environmental costs related to provision of the water supply, environmental management and protection of the aquatic environment and the riparian zones of the Australian Capital Territory’s streams and lakes. 75-76 75 – The Australian Capital Territory has provided benchmarking information and data for the National Performance Reports on water utilities. At the time of writing the future of reporting is uncertain. • manage environmental externalities through a range of regulatory measures (such as through setting extraction limits in water management plans and by specifying the conditions for the use of water in water use licences) • examine the feasibility of using market‑based mechanisms such as pricing to account for positive and negative environmental externalities associated with water use • implement pricing that includes externalities where found to be feasible Benchmarking efficient performance: • independent, public, annual reporting of performance benchmarking for all metropolitan, non‑metropolitan and rural • water delivery agencies develop nationally consistent report framework. 76 – The costs for preparation of the National Performance Reports in the Australian Capital Territory are borne by the Australian Capital Territory Government and are not passed on the water utility. NWI actions NWI paragraph Independent pricing regulator: 77 • independent pricing bodies to set and review prices or pricing processes for water storage and delivery and publicly report Commentary 2014 77 – The ICRC is the independent statutory industry and pricing regulator in the Australian Capital Territory. It includes public consultation and submission processes in its proceedings. Integrated management of environmental water Recognising the different types of surface water and groundwater systems: • effective and efficient management and institutional arrangements • to ensure the achievement of environmental outcomes; and where it is necessary to recover water to achieve environmental outcomes, to adopt the principles for determining the most effective and efficient mix of water recovery measures. 79 79 (i) a) – The statutory framework for environmental water in the Australian Capital Territory is provided by the: • Water Resources Act 2007 (ACT) • Statutory Environmental Flow Guidelines 2013 • Territory Plan 2008 – Planning and Development Act 2007 (ACT) • ACT Planning Strategy (2012). These arrangements give the Australian Capital Territory Environment Protection Agency (EPA) the responsibility to achieve set environmental water objectives. The environmental flow restrictions in the Australian Capital Territory ensure that 55 per cent of water that flows through the Australian Capital Territory is not available for consumptive use and that water is given to the environment before it is taken for consumptive use. National Water Commission 79 (i) b) – The Australian Capital Territory has established management and institutional arrangements to contribute to achieving environmental and other public benefit outcomes for resources shared with other jurisdictions, including the: • Intergovernmental Agreement on Implementing Water Reform in the Murray–Darling Basin 2013 • Intergovernmental Agreement on Murray–Darling Basin Reform 2008 • Memorandum of understanding for the planning and management of cross‑border water • • resources 2006 TLM partnership of the Commonwealth, New South Wales, Victorian, South Australian and ACT governments (while there are no TLM icon sites within the ACT, the ACT has provided funding for the initiative) Lake Burley Griffin Action Plan (Aug 2012) – a joint plan between the Australian Capital Territory Government, National Capital Authority, Queanbeyan City Council, Palerang Council and ACTEW Water. 333 334 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 79 (i) c) – The surface water and groundwater systems of the Australian Capital Territory are considered to be highly connected and as a result surface water and groundwater are generally managed as one water resource. The Environmental Flow Guidelines (ACT) recognise the highly connected nature of surface water and groundwater in the ACT, and the contribution of groundwater to baseflow in drier conditions. 79 (i) d) – The Australian Capital Territory EPA undertakes compliance and monitoring of all licensed water extractions, as well ongoing monitoring and assessment of environmental flows. The EPA also conducts five‑yearly strategic reviews of the Environmental Flow Guidelines, which establish the components of flow required to maintain stream health. 79 (i) e) – Environmental water in the Australian Capital Territory is rules based and cannot be traded. 79 (ii) – The Australian Capital Territory reports that there are no overallocated systems in the Australian Capital Territory and therefore no water recovery activities have been required Water resource accounting Benchmarking of accounting systems 81 81 – The Australian Capital Territory has participated at the national level in the development of a range of national water accounting standards and reporting frameworks, including the General Purpose Water Accounting Reports and the Australian Water Accounting Standards (AWAS 1 and AWAS 2). The Australian Capital Territory uses AWAS 1 and the Water Accounting Conceptual Framework to provide data to the Bureau of Meteorology (BOM) for the general purpose water account. Consolidated water accounts: • develop and implement robust water accounting • identify situations where close interaction between surface and groundwater exist to integrate the accounting of groundwater and surface water use. 82-83 82 – The Australian Capital Territory reports that unlike other states, the Australian Capital Territory uses ‘net’ extractions to account for water use. This is because the Australian Capital Territory returns 55 per cent of water used back to the Murray–Darling system, as discussed in NWI paragraph 79 (i) a). The Australian Capital Territory contributes to the National Water Account and there is a specific National Water Account for the Canberra region. The Australian Capital Territory and ACTEW provide relevant data to BOM as required. NWI actions NWI paragraph Commentary 2014 83 – The Australian Capital Territory recognises groundwater/surface water connectivity in water planning, management and data collection. It has three connectivity categories for water access entitlements: surface water, groundwater, and surface water and groundwater (formally ‘mixed’ entitlements). ‘Surface water and groundwater’ entitlements assume 100 per cent groundwater‑surface water connectivity. 85 (i) – As the Australian Capital Territory does not have environmental water entitlements, an environmental water register is not required. 85 188 Environmental water accounting: • develop an environmental water register and annual reporting arrangements • apply the environmental water register and annual reporting arrangements. Implement information measures 85 (ii) – Under the Water Resources Act 2007 (ACT) compliance with the delivery of environmental water is undertaken through assessment of compliance and licence conditions by the EPA. Compliance reports are not publicly accessible, however limited reporting of environmental watering is included in the annual ACT Water Report. National Water Commission 86 86 – The Australian Capital Territory has continued to participate in nationally coordinated efforts in the development of national water accounting standards and reporting frameworks that facilitate data collection and storage at the national level. Metering and measuring actions: • develop metering and measuring actions • implement metering and measuring actions. 87-88 87–88 – The Australian Capital Territory has contributed to the development of the Australian Government’s National Framework for Non-Urban Water Metering (2010). National guidelines on water reporting: • 89 evelop and apply national guidelines on water reporting covering the application, scale, detail and frequency for open reporting. One hundred per cent of licensed extraction is metered in the Australian Capital Territory. Stock and domestic use of surface water is not metered. 89 – The Australian Capital Territory has participated in the development of a range of national reporting requirements for water management. d The Australian Capital Territory provides data and information for the production of the National Performance Reports for rural and urban water utilities, the Australian water markets (89 (ii)) and environmental water management report series (89 (iii)), and are working with other NWI parties on compliance and reporting arrangements for water metering (89 (i)). 335 336 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 Urban water reform Implementation of demand management measures, including: • implementation and compliance monitoring of WELS, including mandatory labelling and minimum standards for agreed appliances • develop and implement ‘Smart Approved WaterMark’ for garden activities • review effectiveness of temporary water restrictions and associated public education strategies, and consider extending low‑level restrictions to • standard practice implement management responses to water supply and discharge system losses including leakage, excess pressure, overflows and other maintenance needs 91 91 (i) - The Water Efficiency Labelling and Standards (WELS) scheme is a joint initiative of the Australian Government and the state and territory governments. The Water Efficiency Labelling and Standards Act 2005 (Cwth) provides the legal framework for the scheme. The Australian Capital Territory is participating in the amendments to WELS legislation enacted by the Commonwealth. In 2005 the Australian Capital Territory enacted complementary legislation, the Water Efficiency Labelling and Standards Act 2005. 91 (ii) - The Smart Approved WaterMark is a not‑for‑profit organisation established by four associations: the Australian Water Association, Irrigation Australia, the Nursery and Garden Industry, Australia and the Water Services Association of Australia. It is overseen by a steering committee with representation from the Australian and state and territory governments, water utilities, the four governing associations, and the chair of the Technical Expert Panel (an independent panel which assesses applications to the scheme). The Commonwealth supported the scheme with a grant from the Water Smart Australia program administered by the Department of the Environment. 91 (iii) - The Australian Capital Territory has a four‑stage scheme of water restrictions which is enacted when water supplies are scarce and reductions in water use are required. Permanent water conservation measures are in place when the ACT is not in a drought situation as determined by a range of criteria, in particular dam storage levels and pending weather conditions. ACTEW finalised a review of the permanent water conservation measures and temporary water restrictions in 2012. The review included consultation with Canberra residents, businesses and industry, and a legal and economic analysis of the proposed amendments to the schemes was also undertaken. NWI actions NWI paragraph Commentary 2014 Encourage further innovation in urban water use including: • develop and apply national health and environmental guidelines for water sensitive urban designs for recycled water and stormwater • develop national guidelines for evaluating options for water sensitive urban developments in both new urban sub‑divisions and 92 92 – The Australian Capital Territory Government is reviewing the Water Sensitive Urban Design Code (WSUD) which was introduced in 2009 under the Territory Plan. The code is designed to encourage reduced use of mains water, improve water quality and manage stormwater flows in urban areas. The review is examining current WSUD practice under the code, considering options to significantly expand available WSUD options and provide maximum flexibility and innovation to developers for implementing WSUD. • high rises evaluate existing water sensitive urban icon developments review institutional and regulatory models for integrated urban water cycle planning and management and develop best‑practice • guidelines review incentives to stimulate innovation. • The Environment and Planning Directorate has implemented the Canberra Integrated Urban Waterways project, which aims to reduce potable water use by providing a reticulation stormwater use scheme. The project has developed integrated waterway management plans for stormwater capture and reuse, treated effluent recycling and distribution, aquifer storage potential, water quality management, and drainage and flood management (which included rehabilitation of wetland habitats and recreational areas). It is being implemented as a pilot study. National Water Commission 337 338 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 Community partnerships and adjustment Open and timely consultation with all relevant stakeholders in relation to: • pathways for returning overallocated systems to sustainable extraction levels, periodic review of water plans, and other significant decisions affecting the security of water access entitlements. 95 95 (i) – There are no reported overallocated systems in the Australian Capital Territory and therefore no consultation is required for the determination of water recovery activities in the Australian Capital Territory. 95 (ii) – The Australian Capital Territory produces an annual ACT Water Report, which is available online. The reports contain information on the status of water resources in the Australian Capital Territory, water quality, and research and community activities. The Water Resources Act 2007 (ACT) requires the ACT EPA to consult when developing the Environmental Flow Guidelines. Consultation was also undertaken in developing ACT Water Strategy 2014–44: Striking the Balance, and included seven community consultation workshops across Canberra, meetings with key stakeholders, as well as a public submissions process. 95 (iii) – Ongoing stakeholder input is facilitated by provisions of the Australian Capital Territory’s Environmental Flow Guidelines and occurs on other issues on an ad hoc basis (e.g. extensive consultation on the enlarged Cotter Dam project). Provision of accurate and timely information to all relevant stakeholders in relation to the progress of water plan implementation and other issues relevant to the security of water access entitlements. 96 96 – The effectiveness of water plan implementation is reported annually in the ACT Water Report, which is publicly available online. See NWI paragraph 95 (ii) for more detail. Address significant adjustment issues affecting water access entitlement holders and communities that may arise from reductions in water availability as a result of implementing the NWI. 97 97 – There are no reported overallocated systems in the Australian Capital Territory and therefore significant adjustment issues have not affected water access entitlement holders. There are mechanisms available to the Minister to amend water access entitlements through imposing conditions on or amending an existing condition of a water access entitlement. The Minister is required to provide compensation if an entitlement holder has been adversely affected. NWI actions NWI paragraph Commentary 2014 Knowledge and capacity building Science priorities and research: • identify the key science priorities to support implementation of the NWI and where this work is being undertaken • implement any necessary measures to ensure the research effort is well coordinated and publicised, and any gaps are addressed. 101 101 (i) – The Australian Capital Territory advises that its key knowledge and capacity building priorities in recent years have been focussed on addressing water quality issues in the Australian Capital Territory’s streams and lakes. The current ACTEW Applied Research and Development Program supports decision‑making processes with regard to water quality and delivery, as well as for generating new business, products, services and interactions for the companies. ACTEW Water also conducts a range of water and ecological research activities on streams in the Australian Capital Territory region. Research work has also included: • collaboration with the NSW Murrumbidgee Catchment Management Authority and stakeholders to address water management issues • a study into the aquatic responses of Australian Capital Territory streams from predicted climate change. Extensive data collection and ongoing research is undertaken as part of the Environmental Flow Guidelines’ review process. The Australian Capital Territory Government has been undertaking groundwater assessments and broadening the extent of monitoring since 2002 to respond to a substantial increase in the demand for and use of groundwater. A risk‑based approach to groundwater monitoring has been developed whereby the amount of monitoring in a particular area is proportional to the risk posed to the groundwater through abstraction, contamination or land use change. The ACT Water Strategy 2014–44 – Striking the Balance notes the need for further work to improve knowledge and building research capacity. National Water Commission 101 (ii) – The Australian Capital Territory supports national water knowledge by contributing funds to National Knowledge Platform project. The ACT has links to eWater and the Institute of Applied Ecology at the University of Canberra to obtain the latest knowledge and access to research on a variety of issues and projects related to water and the environment. Australian Capital Territory government staff also participate in intergovernmental forums and jurisdictional working groups contributing to their development of skills, knowledge and capacity. 339 340 Australia’s water blueprint: national reform assessment 2014 Northern Territory NWI actions NWI paragraph Commentary 2014 Water access entitlement and planning framework Implementation of the 26-27 framework: • substantial completion of plans to address any existing overallocation for all river systems and groundwater resources in accordance with commitments under the 1994 COAG Water Reform Framework • legislative and administrative regimes amended to incorporate the elements of the entitlements and allocation framework in this agreement. 26 – At the time of the 1994 COAG Water Reform Framework agreement, no Northern Territory river systems and groundwater resources were identified as overallocated. Water access entitlements to be defined and implemented. 28–33 – The Water Act 1992 (NT) provides for the issuing of water licences, which are the statutory instrument for managing access to groundwater and surface water resources. Licences are not a perpetual share of the consumptive pool. Northern Territory water licences are issued for the point of extraction (bore or river pump). They are usually issued for up to 10 years and can be renewed. 28-34 As part of its NWI implementation plan, Northern Territory committed to provide an annual public audit of the level of allocation in all river and groundwater systems, commencing in July 2007, to confirm that water resource systems were not overallocated. All water extraction licences are reported in a register on the Department of Land Resource Management’s website, however this information has not been compiled into an annual audit of take from each groundwater or river system. 27 – The Water Act 1992 (NT), amended 7 November 2011, provides the legislative framework for water planning and entitlements for water resources in Northern Territory. While the Water Act provides for statutory‑based entitlements and the development of water allocation plans (WAPs), it does not address a number of NWI elements WAPs ensure that water is allocated within an estimated sustainable yield and the rules for water trading. Subject to alternative arrangements which may be specified in WAPs, the Northern Territory has implemented the Water Allocation Planning Framework (WAPF) to define the consumptive pool. NWI actions NWI paragraph Commentary 2014 The Northern Territory has advised that preliminary drafting instructions have been prepared to amend the Water Act 1992 (NT) to include clearer specification of water access entitlements. 34 – Under Section 7 of the Water Act 1992 (NT), mining and petroleum activities are exempt from water licence and permit provisions. However, these sectors are subject to an interagency memorandum that allows for consistency with the NWI. Northern Territory has advised that its review of the Water Act 1992 (NT) will include a reconsideration of these exemptions Water to meet environmental and 35 other public benefit outcomes identified in water plans to be defined, provided and managed. 35 – The Water Act 1992 (NT) specifies that WAPs must include an allocation for the environment within the estimated sustainable yield. There is no provision for specific licences or allocations for environmental purposes, rather the minimum volume of water to be maintained for environmental purposes is managed through limits and conditions applied to consumptive use through water extraction licensing. Where WAPs have not been declared, the Northern Territory implements the WAPF when making decisions about whether to issue water extraction licences. In the Top End (northern third of the Territory), at least 80 per cent of surface water or groundwater recharge is allocated to the environment. In the arid zone, at least 95 per cent of surface flows are allocated to the environment and groundwater extraction is not to exceed 80 per of the total aquifer storage over 100 years. This framework has also been implemented in WAPs in the arid zone where there is limited knowledge about environmental water requirements. In the Northern Territory environmental water provisions are rules based and cannot be traded. National Water Commission Water plans to be prepared along the lines of the characteristics and components at Schedule E based on the following priorities: • plans for systems that are overallocated, fully allocated or approaching full allocation • plans for systems that are not yet approaching full allocation 39–40 39 – The Northern Territory has implemented NWI‑consistent water planning processes. WAPs have been finalised for four areas and draft plans have been released for public comment in several other areas. The 2007 Alice Springs Water Resource Strategy has been reviewed and a draft revision released for public comment. WAPs are under development but not yet completed for areas within the Darwin Rural water control districts where there are high levels of domestic and horticultural use that have resulted in resource stress, as well as for three other groundwater areas. 341 342 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 40 – WAPs must be reviewed at least every five years and expire after 10 years. In the Northern Territory, monitoring, evaluation and adaptive management arrangements are specified in each water plan. Two annual reports are publicly available for the Katherine (Tindall Limestone Aquifer) WAP (2009), which include the annual announced allocation and a compilation of monitoring and evaluation actions that have been undertaken within the previous water accounting year. However, no publicly available evaluation reports are available to assess the progress of WAPs in meeting their objectives. A review of the 2007 Alice Springs Water Resource Strategy was produced (not publicly available) which reports on whether allocations and flows have been achieved but does not evaluate if these are appropriate. Substantially complete addressing overallocation as per NCC commitments. 41, 43–45 41 – See NWI paragraph 26 for detail on progress. 43–44 – In its NWI implementation plan, Northern Territory committed to avoiding overallocation in the Katherine/ Daly and Darwin Rural areas. The Katherine (Tindall Limestone Aquifer) WAP was declared in 2009. The first five‑year review of the WAP is due in 2014, and Northern Territory Substantial progress towards adjusting all overallocated and/or overused systems. advises that changes to be considered are inclusion of surface water extractions in annual announced allocations, revision of restrictive trading rules and the possibility of re‑allocation of water entitlements from licences not being fully utilised. In 2011 the Northern Territory advised that the Howard East Aquifer in the Darwin Rural area was considered to be potentially overallocated. The Howard East and Berry Springs WAPs are currently under development. 45 – See actions associated with NWI paragraph 97 for more detail. Risk assignment framework to be implemented immediately for all changes in allocation not provided for in overallocation pathways in water plans. 46–51 46–51 – In the 2011 Biennial Assessment, the Northern Territory advised that drafting instructions had been prepared for incorporation of the risk‑assignment framework into the Water Act 1992 (NT), however the current Act does not address risk assignment. Risk assignment is dealt with at the plan level (in some of the more recent plans). The Ti Tree Water Resource Plan, Katherine (Tindall Limestone Aquifer) WAP, Western Davenport WAP and Alice Springs Water Resource Strategy all specify that risks to the water resource arising from reductions to the consumptive pool as a result of changes in climate and periodic natural events are borne by water licence holders. The risk of any reduction or less reliable water allocation under a water licence – arising as a result of bona fide improvements in knowledge of the water system’s capacity to sustain particular extraction levels – are also to be borne by the users for the duration of these plans. NWI actions NWI paragraph Commentary 2014 Water plans to address Indigenous water issues. 52–54 52–54 – Water planning in the Northern Territory includes identifying and maintaining Indigenous cultural water values. Planning processes have included Indigenous participation, including through membership of planning advisory groups. The Northern Territory announced in October 2013 that strategic indigenous reserves would no longer be considered for inclusion in WAPs, subject to a consultation and review process to take place over the next two and a half years. 55–57 55–57 – The Northern Territory water planning process identifies and estimates water requirements of interception via unlicensed stock and domestic use and farm dams. There are also arrangements for monitoring growth in stock and domestic rights. Monitoring of interception issues with potential management implications is based on integrated surface and groundwater models that consider the impact of land use change on catchment yield. Unlicensed stock and domestic extraction is included in the hydrological modelling in water resource planning. Implementation of measures to address water interception by land use change activities on a priority basis in accordance with water plans. The Northern Territory has advised that stock and domestic bores, particularly in peri‑urban regions, and related saltwater intrusion into coastal groundwater systems are the priority interception issue in Northern Territory. WAPs model the take associated with stock and domestic use. A significance threshold for stock and domestic groundwater take has been established at a level of 20 per cent of the annual recharge. Stock and domestic bores require construction permits in all Water Control Districts and the Water Act 1992 (NT) allows refusal of a permit if there is insufficient water available (i.e. would result in or aggravate overallocation or overuse). Dams may require construction permits depending on size. The Act allows refusal of a permit if there is risk of overallocation associated with the proposed dam. Water markets and trading National Water Commission Adoption of publicly accessible, compatible systems for registering water access entitlements and trades consistent with Schedule F: • pathways leading to full implementation • full implementation. 59 59 – The Department of Land Resource Management maintains a groundwater and surface water licence register that is available through its website. The register provides details pertaining to current groundwater and surface water licences in relation to water trading under WAPs. Details of groundwater and surface water licences within Northern Territory are available and updated on a monthly basis. The registers include licensee information, the amounts of each licence issued and whether that licence is permitted to trade water. 343 344 NWI actions Australia’s water blueprint: national reform assessment 2014 Establish compatible institutional and regulatory arrangements that facilitate trade, consistent with principles in Schedule G: • remove institutional barriers to trade • remove barriers to temporary trade • remove barriers to permanent trade • no imposition of new barriers to trade Southern MDB trade actions NWI paragraph Commentary 2014 60 60 – Water trading can occur within declared WAP areas according to trading rules set out in the relevant WAP. The Northern Territory Water Controller is responsible for approving new licences reflecting the trade. 63 63 – This NWI paragraph does not apply to the Northern Territory. Best practice water pricing and institutional arrangements Complete commitments under the 1994 COAG Water Reform Framework to bring into effect pricing policies for water storage and delivery in rural and urban systems. 65 65 – Current tariff structures for reticulated water supply adopt two‑part tariffs for all customers except portable meter and stand pipe. This comprises a fixed daily price based on supply pipe diameter and a volumetric usage charge component. Northern Territory has advised of a 30 per cent price increase for water supply, but it is unclear to what extent it has implemented full cost recovery. Northern Territory pricing policy is consistent across sectors where entitlements are able to be traded. NWI actions NWI paragraph Commentary 2014 Metropolitan: 66 66 (i) – There have been several baseline tariff increases in recent years. The Power and Water Corporation (PWC) is now achieving lower‑bound pricing and is moving towards upper‑bound • continued movement towards pricing. The service availability charge exists but is not directly linked to total revenue requirement less water usage revenue and developer charges revenue. This is currently under review. upper‑bound pricing • development of pricing policies for recycled water and stormwater Water planning and management costs and level of recovery have not been explicitly reported to date. • review and development of pricing policies for trade wastes 66 (ii)–(iii) – Since 2008, the following policies have been developed by the PWC and are currently being considered for implementation: • recycled water pricing policy • water and sewerage capital contributions policy • non‑potable water pricing policy. • development of national guidelines for water accounts. Rural and regional: • full cost recovery for all rural surface and groundwater‑ The Northern Territory advised through the Pricing Principles Sub‑group of the WTOG that the draft policies have adopted the NWI pricing principles where appropriate, however it is unclear how the policies adopt the pricing principles. based systems • achievement of lower‑bound pricing for all 66 (iv) – National Guidelines for Residential Customers Water Accounts were endorsed at the 11th meeting of the Natural Resource Management Ministerial Council (NRMMC) and released on 24 November 2006 by Australian Government, state and territory water ministers. rural systems in line with existing NCC commitments • continued movement 66 (v) – The Northern Territory subsidises water services in rural and regional areas, including in remote Indigenous communities, through a number of programs which enable the application of uniform pricing across the Northern Territory to non‑contract customers. In 2013–14, these towards upper‑bound pricing for all rural systems, where practicable National Water Commission Consistent approaches to pricing and attributing costs of water planning and management. Public reporting of cost recovery for water planning and management. programs included grants totalling $158.1 million which included subsidies for electricity, sewerage and water. 67-68 67 – There are currently no water use charges applied in the Northern Territory to assist with cost recovery for planning and management. 68 – As part of its NWI implementation plan the Northern Territory committed to provide an annual report that identifies all water planning and management costs, including the costs of underpinning water markets. No annual reports have been provided to date. 345 346 Australia’s water blueprint: national reform assessment 2014 NWI actions NWI paragraph Commentary 2014 Investment in new or refurbished water infrastructure to continue to be assessed as economically and ecologically sustainable before being approved. 69 69 – The Northern Territory advised that investment decision‑making has been improved by Release of unallocated water 70-72 comprehensive and reliable asset condition data. The Darwin Region Water Supply Strategy 2013 and Alice Water Smart Project (since 2011) are based on planning efforts concerned with economic and ecological sustainability. PWC’s capital works program is approved by the PWC board and NT Treasurer on an annual basis through its Statement of Corporate Intent. 70–72 – Market‑based mechanisms are not used for the releases of unallocated water in the Northern Territory. Environmental externalities: • • manage environmental externalities through a range of regulatory measures (such as through setting extraction limits in water management plans and by specifying the conditions for the use of water in water use licences) examine the feasibility of using market‑based mechanisms such as pricing to account for positive and negative environmental externalities associated with water use • implement pricing that includes externalities where found to be feasible 73 73 – The Northern Territory advised that water planning and management decisions are required to reflect environmental externalities to the extent that environmental and other public benefit outcomes have been established through planning. Limits are placed on consumptive pools through water plans to avoid, limit or control environmental externalities. Despite the consideration of externalities in planning, Northern Territory does not require specific consideration of environmental externalities through the pricing of urban and regional water storage and delivery. The Northern Territory advised that future demand management programs will include the experiences of other water utilities within Australia. NWI actions NWI paragraph Commentary 2014 Benchmarking efficient performance: • independent, public, annual reporting of performance benchmarking for all metropolitan, non‑metropolitan and rural 75-76 75 – The PWC has submitted benchmarking information to the National Performance Reports for urban water service providers. The Northern Territory advised that PWC has a work plan aimed at improving the information collected and performance against benchmarks. Improved information collection on asset condition as part of the work program has assisted this. At the time of writing, the future of reporting is uncertain. • 76 – PWC’s retail water tariffs do not fully recover its costs of providing current water services. The costs of operating the performance and benchmarking system are unlikely to be recovered in full by retail water tariff revenue. water delivery agencies develop nationally consistent report framework. Independent pricing regulator: 77 • independent pricing bodies to set and review prices or pricing processes for water storage and delivery and publicly report 77 – Section 60 of the Northern Territory Water Supply and Sewerage Services Act 2009 provides that the Treasurer, as the Minister responsible for the economic regulation of water supply and sewerage services, may issue an order regulating prices for the sale of water supply and sewerage services to a water service provider’s customers. The Water Supply and Sewerage Services Act 2009 (NT) and its associated regulations require and allow the Utilities Commission to undertake certain regulatory functions in Northern Territory water supply and sewerage services industries for the provision of those services within a sole provider model. The Commission’s activities in the water and sewerage industries relate mainly to licensing, however the Minister may assign price and service standard monitoring functions to the Commission under his regulation powers. Integrated management of environmental water National Water Commission Recognising the different types of surface water and groundwater systems: • effective and efficient management and institutional arrangements 79 79 (i) a) – In the Northern Territory the Water Act 1992 (amended 2011) and the Lake Eyre Basin Intergovernmental Agreement Act 2009 provide the statutory frameworks for the management of environmental water. Under these, all accountabilities for environmental water management, compliance and public reporting of the delivery are with the Minister for Land Resource Management. 347 348 NWI actions Australia’s water blueprint: national reform assessment 2014 • to ensure the achievement of environmental outcomes; and where it is necessary to recover water to achieve environmental outcomes, to adopt the principles for determining the most effective and efficient mix of water recovery measures. NWI paragraph Commentary 2014 A memorandum of understanding between the Department of Land Resource Management and the Department of Mines and Energy provides for conjunctive management of water across different uses. 79 (i) b) – The Northern Territory is a signatory to a number of agreements for shared water resources, including the Lake Eyre Basin Intergovernmental Agreement 2000 and the National Partnership Agreement on the Great Artesian Basin Sustainability Initiative (2010). 79 (i) c) – Surface and groundwater connectivity is not explicitly recognised in the Act. Some WAP rules specifically address connectivity impacts such as the Katherine (Tindall Limestone Aquifer) WAP (2009) and the plans for Alice Springs, Ti Tree and Western Davenport water resource areas limit surface water extractions to protect aquifer recharge. 79 (i) d) – To date, there are no ecological monitoring programs being implemented specifically to assess the effectiveness of environmental water provisions in WAPs. Targeted ecological monitoring in WAP areas is not yet occurring, however progress has been made in establishing a river health monitoring program for the Katherine River and other systems in the Daly catchment. If implemented, this program will provide ecological data to inform assessments as to whether environmental flow provisions established under WAPs in the Daly catchment have been effective in achieving the desired ecological outcomes. While the Northern Territory conducts compliance reporting and reviews on the delivery of environmental water, there is no explicit public reporting on the implementation of environmental water management mechanisms or requirement for independent assessments. 79 (i) e) – Environmental water in the Northern Territory is rules based and cannot be traded. 79 (i) f) – Under the Water Act 1992 (NT), water control districts can be declared in regions that require enhanced water management arrangements to avoid stressing groundwater reserves, river flows and wetlands. WAPs may be prepared for water resources within declared water control districts. 79 (ii) No water recovery measures have been deemed necessary in the Northern Territory to date. Licensing processes have been used in some areas to recoup unused portions of entitlements, however the associated volumes of water remain available for consumptive use. NWI actions NWI paragraph Commentary 2014 Water resource accounting Benchmarking of accounting systems 81 81 – The Northern Territory has participated at a national level in the development of national water accounting standards and reporting frameworks, including the Water Accounting Conceptual Framework, the General Purpose Water Accounting Reports and the Australian Water Accounting Standards (AWAS 1 and AWAS 2). The Northern Territory uses AWAS 1 and the Water Accounting Conceptual Framework in providing data to the Bureau of Meteorology (BOM) for the general purpose water account. 82 – See actions associated with NWI paragraph 81. Consolidated water accounts: • develop and implement robust water accounting • identify situations where close interaction between surface and groundwater exist to integrate the accounting of groundwater and surface water use. 82-83 Environmental water accounting: • develop an environmental water register and annual reporting arrangements • apply the environmental water register and annual reporting arrangements. 85 Implement information measures 86 86 – See actions associated with NWI paragraph 81. 87-88 88 – The Northern Territory has agreed to implement the National Framework for Non-urban Water Metering (2010), but due to staffing constraints the Northern Territory Metering Implementation Plan has not yet been finalised for implementation. 83 – The Northern Territory under its WAP process fully factors in the linkages between surface and groundwater to ensure that allocations within both systems are properly accounted to avoid overallocation. All allocation decisions where appropriate are based on linked surface and groundwater models due to the linkages between aquifers and river flows. 188 National Water Commission Metering and measuring actions: • develop metering and measuring actions • implement metering and measuring actions. 85 (i) – The Northern Territory does not have general purpose environmental water accounts for environmental water as the Northern Territory’s environmental water is rules based. In the absence of environmental water entitlements the Northern Territory has not developed an environmental water register. 85 (ii) – Consistent with the Water Act 1992 (NT), WAPs include measures to ensure compliance with environmental water commitments, but public reporting is limited. 349 350 NWI actions NWI paragraph Australia’s water blueprint: national reform assessment 2014 National guidelines on water reporting: 89 • develop and apply national guidelines on water reporting covering the application, scale, detail and frequency for open reporting. Commentary 2014 89 – The Northern Territory is participating in the development of the Environmental Water Accounting Standards through the National Water Accounting Committee. Also see actions associated with NWI paragraph 81 Urban water reform Implementation of demand 91 management measures, including: • implementation and compliance monitoring of WELS, including mandatory labelling and minimum standards for agreed appliances • develop and implement ‘Smart Approved WaterMark’ for garden activities • review effectiveness of temporary water restrictions and associated public education strategies, and consider extending low‑level • restrictions to standard practice implement management responses to water supply and discharge system losses including leakage, excess pressure, overflows and other maintenance needs 91 (i) – The Water Efficiency Labelling and Standards (WELS) scheme is a joint initiative of the Australian Government and the state and territory governments. The Commonwealth Water Efficiency Labelling and Standards Act 2005 provides the legal framework for the scheme. The Water Efficiency Labelling and Standards (National Uniform Legislation) Act 2014 (NT) came into effect on 2 June 2014. 91 (ii) – The Smart Approved WaterMark is a not‑for‑profit organisation established by four associations: the Australian Water Association, Irrigation Australia, the Nursery and Garden Industry, Australia and the Water Services Association of Australia. It is overseen by a steering committee with representation from the Australian and state and territory governments, water utilities, the four governing associations, and the chair of the Technical Expert Panel (an independent panel which assesses applications to the scheme). Project establishment was finalised in 2011 and a report on the delivery of the Smart Approved WaterMark was provided to the Department of the Environment. The program continues to provide product efficiency ratings to consumers. 91 (iii) – Northern Territory participated in the production of the Commission’s national review of water restrictions. There are currently no water restrictions in place in the Northern Territory and it has some of the highest rates of per household water use in Australia. The Northern Territory has programs in place to reduce water consumption rates in Darwin and Alice Springs. The Northern Territory Government, through the PWC, has recently launched Living Water Smart in the Darwin region. This is a major five‑year water conservation initiative, targeted at residential, business and government customers, with the objective of reducing Darwin’s water use by 25 per cent. Alice Water Smart is a collaborative project, comprising several programs to support water conservation measures within Alice Springs and aiming to save 1.6 GL of water over two years. NWI actions NWI paragraph Commentary 2014 91 (iv) – Living Water Smart (Darwin) will focus on the following areas of PWC’s water supply network: • develop and implement leak detection program for Darwin water supply network • develop and implement pressure management plan for Darwin water supply network • install monitoring and controlling equipment for permanent leak and pressure management. Living Water Smart will also provide industry training for leak detection in properties. Alice Water Smart includes a focus on pressure management and leak reduction in the reticulation system. Encourage further innovation in urban water use including: • develop and apply national health and environmental guidelines for water sensitive urban designs for recycled water and stormwater • develop national guidelines for evaluating options for water sensitive urban developments in both new urban sub‑divisions and • high rises evaluate existing water sensitive urban icon developments review institutional and regulatory models for integrated urban water cycle planning and management and develop best‑practice • guidelines review incentives to stimulate innovation. • 92 92 – Water sensitive urban design has been incorporated in the new sub‑divisions of Muirhead, Bellamack, Johnston and Zuccoli in Darwin and Palmerston. In Darwin, the Living Water Smart program is intended to introduce rebates for homes, businesses, accommodation, hospitals and schools and the NT is developing a stormwater strategy for the Darwin Harbour region. In Alice Springs, the Alice Water Smart program is partnering with the Department of Land Resource Management to temporarily enhance the Central Australia Waterwise Rebate Scheme. National Water Commission 351 352 NWI actions NWI paragraph Commentary 2014 Australia’s water blueprint: national reform assessment 2014 Community partnerships and adjustment Open and timely consultation with all relevant stakeholders in relation to: • pathways for returning overallocated systems to sustainable extraction levels, periodic review of water plans, and other significant decisions affecting the security of water access entitlements. 95 95 – Section 23 of the Water Act 1992 (NT) provides for, but does not require the establishment of water advisory committees to give advice on WAPs. Community advisory committees have been involved in the development of WAPs in the Territory to date, with members representing economic, cultural and environmental interests. The Northern Territory Government recommitted to utilising community advisory committees to support preparation of future WAPs in October 2013. Provision of accurate and timely information to all relevant stakeholders in relation to the progress of water plan implementation and other issues relevant to the security of water access entitlements. 96 96 – The Water Act 1992 (NT) requires the Minister to specify the period (no longer than 10 years) that a WAP is to remain in force. The Minister must ensure a review of a WAP is conducted at intervals no longer than five years. Address significant adjustment issues affecting water access entitlement holders and communities that may arise from reductions in water availability as a result of implementing the NWI. 97 All WAPs set out monitoring and reporting requirements however no reports have been publicly released and many objectives require monitoring only at the review stage of the WAP. Annual announced allocation reports provide some information on monitoring and current conditions. The Ti Tree WAP and Alice Springs Water Resource Strategy have been reviewed to date with the reviewed Alice Springs Strategy currently in draft form. 97 – As noted for NWI paragraph 79 (ii), no water recovery measures have been deemed necessary in the Northern Territory to date. NWI actions NWI paragraph Commentary 2014 Knowledge and capacity building Science priorities and research: • identify the key science priorities to support implementation of the NWI and where this work is being undertaken • implement any necessary measures to ensure the research effort is well coordinated and publicised, and any gaps are addressed. 101 101 – The implementation sections of draft and reviewed WAPs identify key priorities and knowledge gaps including identification of minimum streamflows and dry season environmental water requirements, and the establishment of resource condition indicators for various resources. Key science priorities include: • assessment of the impact of anthropogenically reduced dry season flows on the ecology of the • Daly and Roper rivers (this is also a key knowledge gap, compounded by the lack of knowledge of the significance of dry season ecology in the wet/dry tropics) understanding the (minimum) environmental water requirements of wetlands, spring‑fed • monsoon vine forests and the estuarine areas of the Daly, Roper etc. quantification of groundwater recharge, particularly in the arid zone. The Northern Territory Government advised that it will assess the ecological significance of Roper River hydraulic environments most vulnerable to reduced flow, both natural and anthropogenically induced, in 2014. The Northern Territory also intends to commence a partnership with Charles Darwin University to assess the use by fish of riffle habitats (which are most vulnerable to reduced flow) in the Katherine River. National Water Commission 353 Appendix D Impacts of water reform: methods, indicators and assessment Appendix D: Impacts of water reform: methods, indicators and assessment 330 Methods and indicators 357 Water supports the economy 369 Water supports a healthy environment 411 Water supports people and communities 423 References 446 Australia’s water blueprint: national reform assessment 2014 Methods and indicators Rationale This Appendix provides the analyses that inform Chapter 4 of the Triennial Assessment. This review of the impacts of the National Water Initiative (NWI) moves beyond the Natural Resources Management Ministerial Council (NRMMC) indicators that underpinned sections of the 2011 Biennial Assessment, which were often found to be lacking in relevance or data availability. The suite of updated performance indicators for this assessment was developed in consultation with NWI parties and subject matter experts. This appendix provides the hierarchy of outcomes sought through national water reform that has been developed for this assessment. The hierarchy commences with a vision statement distilled from the NWI and identifies increasingly more detailed outcomes that support this overarching vision. Performance indicators are provided for each detailed outcome. The appendix includes analyses of relevant data for each performance indicator in an effort to provide an objective understanding of the progress made by each of the NWI parties in each of the outcome areas that can stand as the 2014 benchmark of progress in implementing the NWI. Methods for identifying outcomes and indicators The Commission developed a methodology to analyse the progress of reform against the original objectives of the NWI. The intention is for the methodology to be a legacy from this assessment that is available in future years to measure progress, if desired. There are two components of this methodology: identification of broad, intermediate and detailed outcomes, and performance indicators linked to the original vision for the NWI, using program logic analysis of available data against each of the performance indicators. Identification of outcomes and performance indicators Using the NWI vision as its starting point, the Commission developed a national water reform program logic to underpin the impact assessment for the 2014 Triennial Assessment. Program logic is an established method of illustrating how a project or program is expected to bring about change and achieve outcomes. It is a useful tool that can create a shared understanding of a program between stakeholders and illustrate the goals and assumptions that are embedded within the activity. It does this by showing the chain of reasoning or theory of change linking activities with results. It shows the ‘if‑then’ relationships that lead to the outcomes that are being sought. To demonstrate how something as broad and significant as the NWI vision can be achieved, the component parts that contribute to the whole have to be identified. Program logic assumes that if these smaller parts are achieved, it can be concluded that the larger outcome, in this case the NWI vision, will also be achieved. To develop the national water reform program logic, the Commission collaborated with a range of water reform stakeholders, including subject matter experts from NWI partner governments, specialist consultants, National Water Commissioners and others to identify the outcomes they thought would need to be achieved to deliver the overall vision. Each water reform outcome was mapped to determine the factors that would contribute to its achievement. For each of these subsidiary outcomes the same process was followed, to further identify the constituent parts required. This meant that it became possible to determine the National Water Commission 357 outcomes that, if achieved, would lead to attainment of the vision enunciated in the NWI, and the ability to observe the connection between these lower‑level outcomes and their overall objective. Overlaying the logic is the understanding that, for any given outcome to be realised, water management practices would need to be ‘integrated, resilient and adaptive’. This represents a key theme of the NWI and water reform, and its achievement cuts across every outcome at every level. It is through this prism that the outcomes were identified and mapped. This demonstrates the generally hierarchical way that the program logic allows examination of the achievement of specific outcomes. It should be noted, however, that there may be links between outcomes, with elements in common, or even at odds, with one another. These tensions have been, as far as is possible, accounted for in the final form that the logic has taken. A set of three enabling factors was also identified through the program logic process; these enabling factors are not outcomes, but necessary conditions for the achievement of the logic outcomes. These factors are important to all outcomes, whether at the broad, intermediate or detailed level. If they do not occur with respect to a particular outcome, the outcome may still occur, however its success may be reduced. Performance indicators were identified for each of the detailed outcomes. While the indicators selected are relevant and robust, they were not necessarily chosen on the basis of how easy it was to collect the requisite information and data. There are cases where it has not been possible to collect part or all of the desired data relating to specific indicators; but an approach was taken to measuring each outcome so that there are multiple measures. This redundancy means that even where one indicator has not been collected, there are others that can provide meaningful assessment. Data gathering and analysis Once the performance indicators were agreed, the next challenge was to identify appropriate data sources and to analyse these data in a way that gave meaning to each of the indicators. Data were sought from the previous work of the Commission, reports provided by each of the NWI partners, commissioned research and publicly available data. Data were analysed using methods appropriate to the data type, and drawn from the disciplines of economics, mathematics and statistics, social science and ecology. Outcomes and enabling factors The National Water Initiative vision For the performance assessment to be relevant, it must reflect the overall ambition of the NWI, as agreed by the Commonwealth and all states and territories. The vision that has been distilled from the NWI is: Water use in Australia optimises economic, social and environmental outcomes. (from paragraph 23, National Water Initiative) The vision is necessarily broad, requiring the capacity to encompass divergent areas in the water reform process. Initially it also implies that this vision can be achieved, and that the business of water reform can be completed. However, as knowledge and technology improves, additional opportunities will emerge to optimise water use; therefore, water reform is an ongoing and adaptive process that underpins continual improvements in Australia’s water planning and management. 358 Australia’s water blueprint: national reform assessment 2014 Identification of broad outcomes Figure D1 below shows the results of the program logic process to derive a series of broad and intermediate outcomes from the NWI vision. For each of the six identified intermediate outcomes, a set of detailed outcomes was then developed, as shown in figures 2 to 4. Each of these intermediate and detailed outcomes is described in terms of their characteristics – what the overarching water management system would look like if the outcomes were achieved. Figure D1: Outcomes derived from the National Water Initiative vision Three broad outcome areas Rights of access are secure and provide investment confidence Water supports the economy Vision Intermediate outcomes Water use is economically efficient Environmental condition of water systems is maintained or improved Future water options aren’t compromised by today’s decisions Water management arrangements are integrated, resilient and adaptive. Water supports a healthy environment Water use in Australia optimises economic, social and environmental outcomes Water supports community well-being Water quality is safe for its intended use Water supports people and communities ENABLERS • Best available information is used in water use & management • Water users, managers and stakeholder effectively engage • Resources are available to achieve outcomes National Water Commission 359 Identification of intermediate and detailed outcomes Figure D2: Water supports the economy – intermediate and detailed outcomes (including relevant performance indicators (PIs) from Table D1) Broad outcome Water supports the economy Intermediate outcome rights of access are secure and provide investment confidence Intermediate outcome Water use is economically efficient Detailed outcome Detailed outcome Rights of access are defined, enforced and recognised as an asset (PI 1–9). User receives clear price signals (PI 12–17). Detailed outcome Detailed outcome There is investment in water assets (PI 10–11). Water goes to highest economic value (PI 18–23). Detailed outcome Water resource development is economically sustainable (PI 24–28). Detailed outcome Water use is technically efficient (PI 29–37). 360 Australia’s water blueprint: national reform assessment 2014 Rights of access are secure and provide Water use is economically efficient investment confidence If this outcome were achieved, we would If this outcome were achieved, we expect to see water supply security and would expect to see water being used investment confidence that supports efficiently at all levels of use and economic and social outcomes. throughout the system. This would mean: entitlements and allocations for water assets are treated in the same way encourage innovation and as other secure asset classes, with diversification of supply and provide the expectation that these property consumers with an informed choice rights will not be arbitrarily abrogated about the water products or removed viable and economic regulation entitlements and allocations provides incentives for innovation compliance activity is in place to economically viable and able to supply and are able to plan occur where net benefits accordingly (economic, social and water entitlements are accepted as a environmental) exceed net costs water goes to highest economic value individuals (including banks, through open markets that are not superannuation funds and private distorted by barriers to trading or investors) and affordability water resource development is users have confidence in their water financial asset by institutions and water businesses are financially water plans have clearly defined ensure asset security This would mean: users receive clear price signals that financial institutions are willing to lend unnecessary regulatory constraints where water is scarce, improved against entitlements, and ownership technical water use efficiency is is clear and transferable encouraged through improved there is sufficient incentive to reward technology, physical infrastructure, investment, particularly in research innovation and research and and development development. and infrastructure. National Water Commission 335 Figure D3: Water supports a healthy environment – intermediate and detailed outcomes (including relevant performance indicators (PIs) from Table D1) Broad outcome Water supports a healthy environment Intermediate outcome Future water options aren’t compromised by today’s decisions Intermediate outcome environmental condition of water systems is maintained or improved Detailed outcome Detailed outcome Water sources are managed sustainably (PI 38–40). Water management decisions are made to improve system environmental conditions (PI 43–45). Detailed outcome Detailed outcome Sustainable levels of extraction for water sources are identified (PI 41–42). The quality of water released to the environment is not detrimental to its health (PI 46). Detailed outcome Change in environmental conditions is reported (PI 47–48). Future water options aren’t compromised by Environmental condition of water systems is today’s decisions maintained or improved To achieve this outcome water resources need to be To achieve this outcome we would expect the managed over the long term in a manner that environmental condition of water systems, along ensures quality and quantity is secure for future with the benefits we obtain from related ecosystems, generations. to be maintained or improved. This would mean: clearly defining sustainable levels of extraction This would mean: for water systems and publicly acknowledging condition of the water system(s) and associated and addressing situations where overuse and overallocation exists ecosystem services in water systems where use and allocation is below the sustainable level of extraction, NWI‑compliant arrangements are in place to maintenance or improvement identification of system requirements for different community values and priorities trade‑off decisions between social, in overallocated or overused systems, pathways environmental and economic values are are in place to return water use to sustainable levels of extraction long‑term water planning is in place to predict and prepare for likely future demand and supply scenarios. 362 Australia’s water blueprint: national reform assessment 2014 identification of water systems and their environmental conditions that require protection, ensure any growth in use does not exceed those agreed levels a practical understanding of the environmental transparent environmental aspects of water plans are implemented and improve the environment. Figure D4: Water supports people and communities – intermediate and detailed outcomes (including relevant performance indicators (PIs) from Table D1) Broad outcome Water supports people and communities Intermediate outcome Water supports community wellbeing Intermediate outcome Water quality is safe for its intended purpose Detailed outcome Detailed outcome Communities provide input on their priorities and goals (PI 49–52). Water for human health meets minimum standards (PI 59–60). Detailed outcome Detailed outcome Water is provided to meet community priorities where possible (PI 53–55). Water that is provided is fit for purpose (PI 61). Detailed outcome Water resources provide for Indigenous requirements (PI 56–58). National Water Commission 363 Water supports community wellbeing If this outcome were achieved, we would expect that water would be available for the things that people and communities want the most. This would mean: communities identify uses of water that are most important to them, what their short‑ and long‑term goals are and what they might change communities should be able to participate in water management decisions so that outcomes reflect their needs and aspirations all water planning processes clearly consider the rights and aspirations of, and engage with, Indigenous Australians urban water planning and management supports liveability outcomes clear processes for allocating water (whether through planning arrangements or other means) and opportunities for people to participate in this process, and make their priorities and aspirations known water is provided to meet community priorities and social outcomes are monitored, evaluated and reported. Water quality is safe for its intended purpose If this outcome were achieved, we would expect to see water use that is fit for purpose; that is, of a quality that at least matches its intended use. This would mean: ri sks to public health and the environment are adequately managed r eview mechanisms, mitigation strategies and administrative integration across all relevant levels of government are provided in novation in supply diversification and consideration of alternative supplies is encouraged u sers can access water that is fit for purpose and appropriately priced. Water reform enabling factors Three water reform enabling factors were identified. These are not outcomes in their own right, but rather the contributory inputs or circumstances that facilitate the achievement of the logic outcomes. These factors are important to all outcomes, whether at the broad, intermediate or detailed level. These enabling factors, like the outcomes they influence, are made up of a number of aspects. They were not subject to discrete measurement, but are rather discussed within the context of outcome areas. 1. Best‑available information is used in water use and management High quality and readily available information is required for the effective and efficient management and use of water resources. Information and knowledge of water conditions, water system needs and impacts and technology efficiency enhancements play a central role in the water management regime established by the NWI. Knowledge, information and data creation— including through effective monitoring and evaluation of specific aspects of water management and use—and the establishment of improved technology and products are therefore key inputs required for outcomes realisation. We would expect to see that: robust knowledge and information informs water management and use risks are appropriately managed to ensure system resilience 364 Australia’s water blueprint: national reform assessment 2014 timely and effective review and improvement mechanisms are undertaken. 2. Water users, managers and stakeholders can effectively engage Engagement in the water reform process is a key element of the NWI. The community needs to have confidence that water management arrangements allow for secure entitlements and reticulated supplies. This in turn requires arrangements to be established to allow community and stakeholder input to trade‑off decisions and that roles and accountabilities are clear. Community confidence is important because without it communities will suffer from a variety of negative impacts, including damage to economic confidence (with the risk of economic decisions being made on an irrational basis), social dislocation and environmental degradation. We would expect to see that: leadership is provided water management decisions are transparent and accountable stakeholders are effectively engaged skills and capacity needed for the water industry are built. 3. Resources are available to achieve outcomes To achieve any outcome, sufficient resources must be made available. It is not enough to understand what must be accomplished, or to assume that outcomes can be achieved through poorly defined cost savings or gains from the water reform process. We would expect to see: assessment of resources needed provision of resources ongoing monitoring and review. National Water Commission 339 Australia’s water blueprint: national reform assessment 2014 Performance indicators Performance indicators were identified for each of the detailed outcome areas. Table D1 provides a list of the performance indicators and illustrates the hierarchical relationships between the three outcome levels and the performance indicators. Table D1: List of performance indicators Broad outcomes Intermediate outcomes Detailed outcomes Performance indicators WATER SUPPORTS THE ECONOMY Rights of access are secure and provide investment confidence Rights of access are 1. Proportion of extracted water from surface and groundwater systems with agreed plans that define how defined, enforced water will be shared and recognised as an asset 2. Number of plans suspended 3. Number of alleged compliance breaches reported 4. Number of water resources areas assessed as risk category 3 and 3a 5. Number of ‘monitoring events’ conducted 6. Irrigators’ confidence in rights to access water 7. Change in ability to trade water 8. Percentage of licensed extraction metered by region 9. Number of water plans with entitlements fully or partially unbundled to facilitate trade There is investment in water assets 10. Treatment of water access entitlements as a financial asset 11. Proportion of regions/households covered by independent regulation Water use is economically efficient User receives clear price signals 12. Comparison of operating costs of urban and rural water service providers 13. Market participants have access to timely water price information 14. Comparison of water trade approval times 15. Access to information on water trading 16. Measures of change in economic surplus under efficient urban pricing structures 17. Measures of change in economic surplus under efficient rural pricing structures Water goes to the highest economic value 18. Percentage by volume of entitlements/allocations traded 19. Number of trades 20. Number of Commonwealth Environmental Water Holder trades, purchases and registrations 21. Regulatory barriers to water trade 22. Proportion of market participants reporting not being able to trade because of market restrictions, and the relative volume excluded from trade 23. Movements of water between states and regions each season Water resource development is economically sustainable 24. Proportion of water plans including economic objectives 25. Proportion of water plans including an assessment of the economic value of water 26. Proportion of plans and rules which respond to groundwater and surface water connectivity 27. Number of urban centres with defined levels of service 28. Performance of utilities against level of service targets Water use is technically efficient 29. Household consumption per capita 30. Households with water conservation devices in the household 31. Conveyance losses (unaccounted water) as a proportion of distributed supply (rural only) 32. Proportion of farms with efficient irrigation infrastructure e.g. drip irrigation, spray irrigation, tile drains, drainage reuse etc. 33. Infrastructure investment benefits rural water users 34. Investment in increasing on-farm water use efficiency 35. Water application rates for irrigated agriculture by enterprise type, recognising seasonal factors 36. Supply network delivery efficiency: unaccounted water as a proportion of distributed supply 37. Proportion of waste, storm and drainage water that is re-used by the industry sector and households WATER SUPPORTS A HEALTHY ENVIRONMENT Future water options aren’t compromised by today’s decisions Water sources are managed sustainably 39. Proportion of water plans that have established water extraction limits 40. Proportion of water plans with accountable environmental water management arrangements Sustainable levels of extraction for water sources are identified Environmental condition of water systems is maintained 38. Robust and transparent risk-assessment practices are used to prioritise water plan development 41. Number of water systems with overallocation or overuse identified 42. Proportion of water plans that address overallocation or overuse Water management 43. Proportion of water plans including environmental objectives decisions are made to improve system 44. Volume of recycled water environmental or improved conditions 45. Proportion of water plans including an assessment of environmental water needs The quality of water released to the environment is not detrimental to its health 46. Sewerage discharge into waterways meets licensed conditions Change in environmental conditions is reported 47. Proportion of water plans where monitoring, evaluation and reporting on progress towards environmental outcomes has been undertaken 48. Proportion of water plans where monitoring, evaluation and reporting demonstrates progress towards environmental outcomes WATER SUPPORTS PEOPLE AND COMMUNITIES Water supports community wellbeing Communities provide input on their priorities and goals 49. Proportion of water plans developed through an adequate consultation process 50. Community satisfaction with how rural water planning incorporates community views 51. Proportion of water plans including robust social assessment of likely impacts on local and broader communities 52. Proportion of water plans including social objectives Water is provided to 53. Proportion of water plans that achieve stated social outcomes meet community priorities where 54. Water reform contribution towards social wellbeing possible 55. Evaluation of changes in community wellbeing, structural change and community measures Water resources provide for Indigenous requirements 56. Water access provisions of jurisdictional water planning arrangements 57. Environmental water takes account of opportunities to provide for cultural outcomes 58. Indigenous communities realise economic benefits from commercial Indigenous water licences Water quality is safe for its intended use Water for human health meets minimum standards 59. Water for human health meets minimum standards Water that is provided is fit for purpose 61. Choice in water supply options offered 60. Risk to the quality of supplies are managed appropriately Water supports the economy This section of Appendix D summarises the findings for each performance indicator under the broad outcome of Water supports the economy and provides a snapshot of the data used for the assessment. Major sources of information to support the analyses and interpretation are the Water Account Australia, the NSW Office of Water (NOW) irrigators’ survey and the Commission’s water markets reports and National Performance Reports (e.g. NWC 2010; 2013b, c; 2014b), as well as data from the Regional Wellbeing Survey (e.g. Schirmer 2014). Rights of access are secure and provide investment confidence Rights of access are defined, enforced and recognised as an asset For this outcome to occur, there needs to be robust water planning, with allocations and entitlements defined; compliance activity needs to take place to ensure its security; users are confident in the supply, and in their ability to plan accordingly; and water is accepted as a financial asset by institutions and individuals. This has been assessed against the following performance indicators. 1. Proportion of extracted water from surface water and groundwater systems with agreed plans that define how water will be shared The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). National Water Commission By 2013 substantial progress had been made to expand the coverage of water plans, with most jurisdictions now having greater than 80 per cent of water use managed under water plans. In general, the development of newer water plans has benefited from lessons learned in previous planning cycles. In water resources subject to higher levels of competition, decisions are usually informed by detailed scientific and socio‑economic studies that consider stakeholders’ concerns from an early stage and reflect trade‑offs between economic, social and environmental outcomes. A number of the NWI jurisdictions have made progress towards legislative reform with the aim of streamlining water planning processes and reducing regulation. However, there are noticeable delays in some jurisdictions in initiating or finalising planning arrangements and in undertaking scheduled reviews. 341 More broadly, there is a lack of transparency regarding the process of prioritising water planning activities, such as policy reform, plan development, or plan review. All jurisdictions maintain that decision‑making is underpinned by robust risk and prioritisation considerations, but these processes are rarely explicit or systematic. 2. Number of water plans suspended The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). Drought places pressure on water resources, and on the planning provisions put in place to cope with scarcity, and tests planning provisions for low flows. In some instances, the jurisdiction’s Water Minister may intervene to suspend or limit water planning provisions to protect water supplies deemed essential for consumptive purposes. As the 2009 biennial assessment noted, the Commission considers that actions to suspend plans or to qualify entitlements undermine National Water Commission 369 confidence in water plans and water planning (NWC 2011b). The Commission has seen improvement in the processes used in water planning decision‑making since 2004. Presently, only one water plan is suspended nationally (NSW – Water Sharing Plan for the Wybong Creek Water Source). This is an improvement from the six suspended plans at the time of the 2011 assessment, all of which were in NSW. NSW has advised that changes are being made to its plans to ensure they will not require suspension in the future. Although governments may need to step in where the utility of a water plan breaks down, the likelihood of this happening can be reduced by widening the scope of scenarios considered when developing water plans. Plans should be robust enough to cope with a broad range of inflow and storage scenarios, including those outside the historic record. The Commission suggests that each water plan should include specific provisions that define the circumstances under which the plan will be suspended or qualified, and the processes for returning it to full operation. 3. Number of alleged compliance breaches reported The information for evaluating progress against this performance indicator comes from the biennial assessments of progress in implementing the NWI and information relating to the National Framework for Compliance and Enforcement Systems for Water Resource Management (e.g. NWC 2011b, DSEWPaC 2012). The Commission’s 2009 biennial assessment urged the adoption of national principles on compliance and enforcement. Subsequent reform activity has included the COAG National Compliance Framework and the Murray–Darling Basin Plan compliance and enforcement framework. While these two frameworks are not explicitly linked, the Commission is aware that the Department of the Environment and the Murray–Darling Basin Authority (MDBA) are working to ensure they are complementary. The National Compliance Framework implements a December 2009 COAG commitment to improve compliance and enforcement of water resources. Six major components were agreed to be met by the jurisdictions in their implementation of the framework, comprising improvements to: Water laws: each jurisdiction has agreed to ‘use (its) best endeavours to introduce and pass legislation to adopt consistent offence provisions to minimise unlawful water take’. Risk assessment: the aim is the codification of all water resources using a consistent risk profile and to implement minimum levels of compliance monitoring by the jurisdictions in line with the risk profile. In addition, there will be increased compliance and enforcement activity of water resources with high risk. Toolbox: development of new and efficient processes and products to improve the efficiency of compliance activities and the skills of compliance officers. Stakeholder education: a structured approach to ‘provide information to educate the public and the stakeholders on the importance of compliance and enforcement of water resources management to the environment and other water users’. Monitoring: more compliance officers in the field to ‘carry out annual monitoring events equal to 10 per cent of the total number of water entitlement/licence holders of a water resource, using on‑ground officers’. Reporting: water agencies publish annual reporting and compliance strategies and statistics. A mid‑term review was undertaken by the Commonwealth between May and June 2013. The following table summarises how each of the states and territories is progressing against these milestones. 370 Australia’s water blueprint: national reform assessment 2014 Table D2: Traffic light assessment of each jurisdiction’s performance in the delivery of the six major components of the National Compliance Framework (to May 2013) (unpublished review data) Jurisdiction Water laws Risk Toolbox Stakeholder education Monitoring Public reporting NSW 100% 100% 80% 50% 50% 50% VIC 30% 90% 15% 35% 30% 20% QLD 80% 100% 95% 50% 50% 100% WA 50% 100% 50% 50% 50% 25% SA 25% 60% 85% 85% 75% 20% TAS 50% 80% 15% 30% 10% See note 4 ACT 80% 100% 50% 50% 30% See note 4 NT 50% 90% 45% 20% 40% See note 4 Table notes: 1. Each state or territory is rated according to the timelines agreed in its project plan. 2. The percentage shown is the completion rate compared with the project plan which has been self‑assessed and reviewed by the Commonwealth. Some states and territories have low completion rates but are green because the timeframes are not delayed relative to their project plans. 3. Most of the delays experienced for water laws are because states and territories are reviewing their water laws and the National Compliance Framework changes are bound up with these wider reviews. 4. The three smaller jurisdictions did not identify the reporting milestones separately in their project plans but are working on delivery of this milestone. 5. In December 2013, Victoria renegotiated its implementation plan by agreement between the state and Commonwealth water ministers. This was due to early administrative issues impacting on Victoria’s ability to meet the original timeframes. Victoria’s positive milestone status as per the new plan’s timeframes is therefore not reflected at the time of compiling this traffic light report. 4. Number of water resources areas assessed as risk category 3 and 3A (categorised in accordance with the National Framework for Compliance and Enforcement Systems for Water Resource Management) The information for evaluating progress against this performance indicator comes from the Commonwealth review of compliance with the National Compliance Framework. Risk categories 3 and 3A identify areas in which the competition for resources is considered high. In these categories, jurisdictions are expected to implement a greater level of monitoring for compliance. Category 3 and 3A require jurisdictions to carry out annual monitoring events equal to 10 per cent of the total number of water entitlement/licence holders of a water resource using on‑ground officers (from National Compliance Framework). Data for assessing performance against this indicator are incomplete. However, for those states/ territories where data are available, they show that Queensland and the Australian Capital Territory both meet or exceed the minimum requirements for compliance monitoring staff suggested in the National Compliance Framework. National Water Commission 371 5. Number of ‘monitoring events’ conducted (monitoring events in accordance with the monitoring requirements of the National Framework for Compliance and Enforcement Systems for Water Resource Management) A ‘monitoring event’ is monitoring conducted in addition to scheduled meter readings by authorised officers, and may include, for example, random spot checks. It has not been possible to access relevant data for this performance indicator. 6. Irrigators’ confidence in rights to access water The information for evaluating progress against this performance indicator draws on the Regional Wellbeing Survey (Schirmer 2014). This indicator measures how confident irrigators feel that they have secure water access rights. Confidence in rights is considered likely to be correlated with confidence in investing in their farm enterprise, although it will be one of many factors influencing overall confidence of a farmer to invest, and the extent to which perceived security of water access rights influences overall investment confidence is not known. This indicator is measured using weighted data from the Regional Wellbeing Survey. It is based on irrigators’ responses to the statement ‘my rights to access water (when it is available) are better protected than they used to be’. Irrigators were asked to identify the extent to which they agreed or disagreed with this statement, on a scale of 1 to 7 where 1 was ‘strongly disagree’ and 7 was ‘strongly agree’. They could also answer ‘don’t know’. Irrigator responses were weighted to ensure they were representative of all regions. This indicator measures perceptions of confidence. Perception measures must be interpreted with care, as multiple factors may contribute to a person’s level of confidence in the security of their water access rights. The indicator on its own does not identify the specific causes of either high or low confidence, although one of these is likely to be the water policies and regulation in place. However, changes in water policy may need to operate for some time before they result in a change (positive or negative) in confidence, so when interpreting this indicator, it is critical to consider when any changes in water access rights occurred in relation to the time at which irrigators answered the question. Figure D5: Proportion of irrigators who agree and disagree with the statement ‘my rights to access water (when it is available) are better protected than they used to be’ by location within and outside the Murray–Darling Basin (Schirmer 2014) 60 % respondents 50 40 30 20 10 0 Northern Basin (n=151) Disagree 372 Southern Basin (n=397) Agree Outside Basin (n=264) Neither agree or disagree Australia’s water blueprint: national reform assessment 2014 All irrigators (n=817) Don’t know 7. Change in ability to trade water The information for evaluating progress against this performance indicator draws on the Regional Wellbeing Survey (Schirmer 2014). This indicator measures the confidence that irrigators feel in their ability to easily trade permanent and temporary water. Increased ability to trade water is one of the objectives of water reform, and in particular is considered an outcome of improving security of water rights and reducing barriers to trade. This indicator is measured using weighted data from the Regional Wellbeing Survey, based on analysis of irrigators’ responses to three statements: overall, changes to rules have made it easier to trade temporary water in the last five years overall, changes to rules have made it easier to trade permanent water entitlements in the last five years it has become more complicated to trade temporary water in the last five years. Irrigators were asked to identify the extent to which they agreed or disagreed with each statement, on a scale of 1 to 7 where 1 was ‘strongly disagree’ and 7 was ‘strongly agree’. They could also answer ‘don’t know’. These three indicators of ease of water trade were combined into an index measuring whether water trading overall has become easier during the last five years. As this is the first time this indicator has been reported, it is based on irrigators’ self‑assessment of change in the ease of water trading over time. In future, it would be useful to report their overall assessment of ease of water trading at a given point in time, and measure this regularly to enable perceived changes in water trading ability to be reported. Figure D6: Proportion of irrigators who believed trading of water allocation, water entitlements, and overall complexity of water trade, had become easier in the last five years (Schirmer 2014) 40 % respondents 30 20 10 0 Has become easier to trade temporary water in last 5 years (n=807) Disagree Has become easier to trade permanent water in last 5 years (n=802) Agree Neither agree or disagree Has become more complex to trade water in last 5 years (n=796) Don’t know National Water Commission 373 Figure D7: Proportion of irrigators who believed water trade had become easier, by location within and outside the Murray–Darling Basin (Schirmer 2014) 60 % respondents 50 40 30 20 10 0 Northern Basin (n=135) Southern Basin (n=406) Disagree Agree Outside Basin (n=106) All irrigators (n=651) Neither agree or disagree 8. Percentage of licensed extraction metered by region The information for evaluating progress against this performance indicator comes from the Commission’s National Performance Reports (NPRs) for urban and rural water service providers (e.g. NWC 2014c, d). The urban and rural NPRs show a clear reduction in unmetered use of water during the past few years, both through improvements in delivery efficiency and associated infrastructure, and also through the introduction of compliant metering. The urban NPR 2012–13 reveals that metering of urban water‑use customer service points is now standard practice throughout Australia. In addition to reporting urban water‑use volumes going into the system and being delivered, real losses (such as leaks) are calculated and, as a result, metering errors and unauthorised consumption can be identified and managed. With respect to rural water use, rural water service providers including irrigation companies generally require customer service point supply to be measured by compliant or approved measurement devices. Rural water is provided by government‑owned utilities, such as State Water and Goulburn–Murray Water (G‑MW), and by cooperatives such as Harvey Water. Many rural water service providers indicate they still have customer service points with no water measurement device in place. While this has showed steady improvement, unaccounted volumes of water are being supplied by rural water service providers to customers. New South Wales – Coleambally indicated that all customers had a supply measurement device: 98.7 per cent of customer service points with compliant supply measurement devices and the remaining 1.3 per cent with provider‑approved supply measurement devices in 2012–13. Murray Irrigation indicated that 35 per cent of its customer service points were without a water supply measurement device, four per cent had compliant supply measurement devices and the remaining 61 per cent had provider‑approved supply measurement devices. Murrumbidgee Irrigation reported that 100 per cent of its customer service points had a provider‑approved water measurement device. State Water, a NSW‑owned corporation, supplies water to the irrigation companies and other customers. It reported that 7.9 per cent of the customer service points were without a supply measurement device. State Water indicated that 15.8 per cent of supply measurement devices were compliant and the remaining 84.2 per cent were provider‑approved supply measurement devices. 374 Australia’s water blueprint: national reform assessment 2014 Victoria – G‑MW, Lower Murray Water (LMW) and Southern Rural Water (SRW) are state‑owned statutory corporations. All G‑MW customer service points had supply measurement devices, with 17.4 per cent of those compliant, and the remainder provider‑approved. In 2012–13, LMW reported 7.6 per cent of customer service points had no supply measurement device, the remainder with customer provider‑approved supply measurement devices. SRW indicated that 45.5 per cent of customer service points had no supply measurement device, and all measurement supply devices were provider‑approved. Grampians Wimmera Mallee Water reported 2.3 per cent of their customer service points had supply measurement devices and, of the supply measurement devices, 97.5 per cent were compliant devices. Queensland – Queensland water service providers have not reported data to the rural NPRs for the past two years. However they have previously reported. In 2010–11 SEQwater indicated that 100 per cent of its customers had supply measurement devices, with 7.2 per cent of those compliant and the remaining 92.8 per cent provider‑approved supply measurement devices. Both Fitzroy Water and Sunwater indicated that 100 per cent of customers had compliant supply measurement devices in 2010–11. South Australia – In 2012–13 the Central Irrigation Trust reported that 100 per cent of its customers had provider‑approved supply measurement devices. Western Australia – Harvey Water reported in 2012–13 that 95.5 per cent of its customer service points had supply measurement devices, with 100 per cent of those provider‑approved. In the Ord, only one customer service point had no supply measurement device. Ord Irrigation reports that 1.5 per cent of customers had compliant supply measurement devices and 98.5 per cent had provider‑approved supply measurement devices. Tasmania, Australian Capital Territory, and the Northern Territory – Tasmania, Australian Capital Territory, and the Northern Territory have not had rural water service providers eligible to report to the rural NPR to date (volumes too small). 9. Number of water plans with entitlements fully or partially unbundled to facilitate trade The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). Unbundling refers to the separation of water rights from land rights. Many water plans have either fully or partially unbundled entitlements where this has been identified as in the public interest to do so, for example, where there is likely to be demand for trading. In some jurisdictions, further unbundling has been identified and is scheduled, but this will represent a relatively small change from the present situation. In general, most water plans facilitate trade. Figure D8: Number of water plans assessed as facilitating trade for the National Water Planning Report Card 2013 (NWC 2014e) 120 Number of plans 100 80 60 40 20 0 Yes To some extent 2011 (157 plans) No Unable to assess Not applicable 2013 (172 plans) National Water Commission 375 There is investment in water assets For this outcome to occur, water must be treated as an asset by institutions that are willing to lend against it; ownership must be clear and transferable; there must be a sufficient incentive to reward investment, particularly in research and development and in infrastructure; and there must be a stable policy and regulatory environment to underpin any investment that does occur. 10. Treatment of water access entitlements as a financial asset The information for evaluating progress against this performance indicator has been drawn primarily from a survey of irrigators by NOW to examine trends in the economic and social factors in water plan areas (NOW 2011) and a survey of National Australia Bank (NAB) lending practices conducted for the Commission. NWI reforms have resulted in increased security and commercial certainty surrounding water access entitlements, and in water title being viewed and treated as a financial asset. The NWI proposed that water access entitlements be mortgageable, having similar status to freehold land when used as collateral for accessing finance. It is common now for financial institutions to use water title as security for loans. Typically, financial institutions enter into arrangements subject to the type of entitlements in question. Financial institutions tend to preference high‑security rather than low‑security entitlements, to avoid multiple ownership arrangements such as trusts, and to assign value based on the current market value of the entitlements. NOW’s recent survey examined the extent of irrigators using water title as security over loans. The survey found that 35 per cent of 1200 respondents (irrigators) used water title as security over loans in 2010. The survey data collected also indicated that the practice of utilising water title as security has generally increased over time. Table D3: Number and percentage of irrigators using their water title as security for a loan, classified by region and by volume of water in the entitlement (NOW 2011) 2006 Survey 2010 Survey count per cent valid samples count per cent valid samples Border Rivers‑Gwydir/Namoi 21 28.8 73 34 47.2 72 Central West 24 30.0 80 29 29.3 99 Hunter‑Central Rivers 21 8.8 239 18 8.5 211 Lachlan 38 30.2 126 56 38.4 146 Lower Murray Darling/Murray 124 39.1 317 148 41.6 356 Murrumbidgee 60 33.3 180 93 39.2 237 Northern Rivers 11 13.3 83 17 18.9 90 0 1 2.5 28 8 26.5 31 1–37 19 8.9 215 27 11.8 229 37–200 45 15.8 286 52 18.2 286 201–867 100 36.4 274 121 39.1 309 868 + 162 52.8 307 199 58.8 338 Table Total (weighted) 328 29.5 1,113 424 34.5 1,229 CMAs Water Entitlement (ML) Table notes: 1. The question was “Do you have a loan in which your water title has been used as security?” 2. CMA ‑ Catchment Management Authority. 3. For CMA comparisons the percentages are significantly different between survey periods for the Border Rivers‑Gwydir/ Namoi, p<0.05. For water entitlement groupings the percentages are significantly different between survey periods for 0 ML p<0.05. The table total percentages are significantly different between survey periods, P<0.05. 376 Australia’s water blueprint: national reform assessment 2014 Figure D9: Percentage of irrigators using their water title as security for a loan, classified by region and the volume of water in the entitlement (NOW 2011) CMA regions Border Rivers-Gwydir/Namoi 2006 2010 Central West Hunter-Central Rivers Lachlan Lower Murray–Darling/Murray Murrumbidgee Northern Rivers Entitlement (ML) 0 1–37 38–200 201–867 868+ 0 10 20 30 40 50 60 Per cent of irrigators A survey conducted by NAB on behalf of the Commission recently examined the bank’s approach towards loan assessments involving water entitlements. NAB is one of Australia’s leading rural lenders with a mature understanding of the complexities in the provision of financial products against water title. The survey examined approximately 30 rural branches of the NAB which had exposure in securing finance against water title. Analysis of survey data revealed that loan arrangements are required to be assessed on a case‑by‑case basis. Unlike other well‑defined mortgageable assets such as property, the provision of finance against water title varies across jurisdictions and systems. The NAB noted the difficulties in lending against water title, including the lack of uniformity and standardisation in the treatment, management and security of water title across jurisdictions. Such impediments require lenders to develop specialised knowledge of entitlement structures and allocation processes. Further in‑depth research is required to better understand the financial sector’s participation in water. This research should examine interactions and arrangements from both the perspective of financial institutions and that of water entitlement holders. 11.Proportion of regions/households covered by independent regulation The information for evaluating progress against this performance indicator has been drawn from the Commission’s studies of water pricing and economic reform (NWC 2009, 2011a) and the assessment of progress with the NWI’s implementation (NWC 2011b). Overall, jurisdictions have had mixed progress with the introduction of independent economic regulation across Australia. While all jurisdictions comply with the NWI commitments in a technical sense, it is clear some have gone further in achieving the underlying objective of the NWI action. One key difference is the pricing functions among regulators or review bodies. In New South Wales, Victoria and the Australian Capital Territory, independent economic regulators determine water prices that can be charged by water businesses. In contrast, other jurisdictions have independent bodies with pricing functions that are largely limited to providing advice to governments (which ultimately set or approve prices), or reviewing the price‑setting processes. National Water Commission 377 Another key difference between jurisdictions is the coverage of economic regulation. For example, in New South Wales the Independent Pricing and Regulatory Tribunal determines prices for the metropolitan businesses, bulk water services provided by State Water and water planning and management charges, but not local water utilities in regional areas. In contrast, the economic regulator in Victoria—the Essential Services Commission (ESC)—determines prices for all metropolitan, regional and rural water services. There has been progress in Tasmania, South Australia and Queensland in recent years to strengthen independent economic regulation in the water sector as these jurisdictions transition to new institutional arrangements. With the expansion of water trade in the Murray–Darling Basin and the commitment to more consistent pricing practices across water trading regions, the Australian Competition and Consumer Commission (ACCC) has assumed a role in administering water market, water trading and water charge rules under the Water Act 2007 (Cwth). Of these, the water charge rules are most relevant in relation to independent economic regulation. The water charge rules include setting conditions that govern irrigation infrastructure operators, as well as termination fees and charges for water planning and management activities in the Murray–Darling Basin. Notably, the new rules apply to both public and private providers of rural water services in the Basin. The ACCC can accredit state regulators to undertake some regulatory functions on its behalf. Table D4: Summary of the roles of independent economic regulators (NWC 2011a) State regulator Review pricing function Recommend pricing function Determine pricing function Metro urban coverage Regional urban coverage Rural coverage × (only State Water) Essential Services Commission (Vic.) Qld Competition Authority (Qld) (monitoring only) × Essential Services Commission (SA) (light handed price regulation) × Economic Regulation Authority (WA) (inquiries as request) × × Independent Competition and Regulatory Commission (ACT) × × Office of the Tasmanian Economic Regulator(Tas.) × Utilities Commission (NT) × × Independent Pricing and Regulatory Tribunal (NSW) 378 Australia’s water blueprint: national reform assessment 2014 Water use is economically efficient User receives clear price signals This outcome occurs when users must pay according to consumption; full costs of supply are incorporated into pricing; there is open trade; price information is publicly available; and the conduct of market participants is monitored and regulated. 12. Comparison of operating costs of urban and rural water service providers The information for evaluating progress against this performance indicator comes from the Commission’s NPRs for urban and rural water service (e.g. NWC 2014c,d). Data provided for the NPRs show that operating costs for both rural and urban water service providers have been steadily increasing but not as rapidly as delivery volumes or revenue. This may indicate a general improvement in business efficiency. As set out below, rural sector operating costs have gradually increased over time. In an examination of total rural operating expenditure between 2007–08 and 2012–13, around half of all utilities recorded an increase and half a decrease, with the general increases below the increases in volumes and revenue. Figure D10: Operating expenditure for rural water service provision 2007–08 to 2012–13 by region and in total (from NWC 2014c) 64 250 200 16 150 100 4 Total expenditure ($ millions) Total operating expenditure ($ million, Log scale) 300 50 1 0 2007–08 2008–09 Total expenditure Goulburn–Murray Water Lower Murray Water GWMWater Central Irrigation Trust 2009–10 2010–11 State Water Corporation Murrumbidgee Irrigation Harvey Water Coleambally Irrigation 2011–12 2012–13 Southern Rural Water Murray Irrigation Ord Irrigation Seqwater Urban sector operating costs have also been increasing steadily: the national median operating cost per property has increased by an average of 2.4 per cent per year in real terms from 2005– 06 to 2012–13. Operating costs per property for utilities with greater than 100,000 customers fell in 2012–13, the first such fall across the eight‑year time series. National Water Commission 379 Figure D11: Total operating expenditure for urban water service provision, water and sewerage, on a per property basis, 2005–06 to 2012–13 (from NWC 2014d) 1 000 $ per property 800 600 400 200 0 2005–06 2006–07 2007–08 2008–09 2009–10 2010–11 2011–12 2012–13 National median – sewerage National median – water Median – utilities with between 10 000 and 20 000 customers Median – utilities with between 20 000 and 50 000 customers Median – utilities with between 50 000 and 100 000 customers Median – utilities with 100 000+ customers Capital expenditure within the urban sector increased from 2006–07 to 2008–09 and was at unprecedented levels in 2008–09 and 2009–10, before stabilising and remaining reasonably steady over the past three years. However, it did not drop to the levels of 2005–06 and 2006–07. Sewerage capital expenditure has been more stable than water expenditure over the urban NPR time series. Figure D12: Total capital expenditure by urban water and sewerage service providers, 2007–08 to 2012–13 (from NWC 2014d) 7 6 $ Billions 5 4 3 2 1 0 2007–08 2008–09 2009–10 Total water capital expenditure 380 Australia’s water blueprint: national reform assessment 2014 2010–11 2011–12 Total sewerage capital expenditure 2012–13 13. Market participants have access to timely water price information The information for evaluating progress against this performance indicator comes from the series of studies of Australia’s water markets by the Commission (e.g. NWC 2013b&c, 2014b). The delivery of accurate and timely market data to inform decisions by market participants requires sophisticated systems to allow access to recent trade data on volume, price and location. Such a system should also present entitlement, allocation and carryover characteristics for all water products to allow informed decision‑making and efficient market decisions. Under the Water Act 2007 (Cwth), jurisdictions are required to report trade data from their registers to the Bureau of Meteorology (BoM). In addition, detailed information on policy changes can be found on their respective websites. While these current arrangements are enabling timely trade processing and satisfying the requirements under the Water Act, further improvements to state registers are required to lower the transaction costs of trade and improve the provision of data. Increasingly, allocation trade data is being made available online soon after a trade has occurred. The Victorian Water Register is updated daily and publishes volume and price data when available. The South Australian register aims to publish available volume and price data within 48 hours of a trade being completed. Not all jurisdictions have this level of accessibility or timeliness of data. The National Water Market System was expected to make this data more accessible; however, there have been substantial delays in getting the system fully operational and the project has recently been terminated. Some brokers offer daily or weekly information to subscribers. Overall information availability requires ongoing improvement in all Australian water markets. In the Murray–Darling Basin new water trade rules took effect on 1 July 2014. The new rules are intended to give everyone who trades in the Basin better access to market information, including a new requirement for individuals trading water to declare their sale price. In addition, governments will have to explain the characteristics of the different types of water entitlements so traders have a better understanding of what they are buying. The MDBA also intends to publish all of the states’ water trading rules in a central location to make them more accessible. 14.Comparison of water trade approval times The information for evaluating progress against this performance indicator comes from the series of studies of Australia’s water markets by the Commission (e.g. NWC 2013b&c, 2014b). Large‑scale markets are generally considered to be performing efficiently if there are large numbers of transactions, traders with access to high‑quality market information, low transaction costs, short processing times and dependable market intermediaries. Most entitlement and allocation trading in Australia’s water markets is facilitated by intermediaries, including water brokers, water exchanges and lawyers. Water market intermediaries match willing buyers with sellers and offer transaction and information services. In May 2009, the Natural Resources Management Ministerial Council (NRMMC) set service standards for processing times by state approval authorities for approvals or rejections of entitlement and water allocation trades. Murray–Darling Basin jurisdictions are required to report publicly on trade processing times against those service standards. Jurisdictions have consistently met the standards during the past three years following some initial difficulties. The Australian water market series of reports lists the yearly performance of each jurisdiction. Only trades within the Murray–Darling Basin are subject to the service standards. The expansion of markets outside of the Basin possibly warrants consideration of a separate set of service standards to be developed for these new and expanding markets. National Water Commission 381 Table D5: Service standards for Murray–Darling Basin trade processing times (NWC 2013b) Interstate Intrastate Entitlement trade From 1 July 2009a 90% of trades to be processed within 20 business days for the approvals stage and within 10 business days for the registration stage Water allocation trade From 1 July 2009b Upon establishment of the National Water Market System 90% of trades to be processed within 10 business days 90% of trades to be processed within 5 business days 90% of trades to be processed within 5 business days a In South Australia, standards apply only to River Murray water access entitlements. b Except in South Australia, where the standards remain at 20 business days and 10 business days for interstate and intrastate trades, respectively. Table D6: Processing times for water entitlement trades by jurisdiction (from NWC 2013b&c) Approvals stage (within 20 business days) Registration stage (within 10 business days) 90% 90% New South Wales 92%d 95%d Queensland Standard not applicablea 83% 69%b 100%b (River Murray only) 95% 100% Tasmania 41%b Victoria 92% Western Australia 100%b COAG service standards Performance South Australia (outside River Murray)c South Australia 99%b a No approval is required for water allocation transfers (entitlement transfers) in Queensland. Once a trade has been settled, the buyer is required to lodge transfer documents with the Titles Registry Office. b If no published figures were available, values were calculated using raw data. Those values do not allow for the use of ‘stop the clock’ provisions. c COAG service standards do not apply. d NSW figures relate to 2011–12, all other figures are 2012–13. Note: Unless otherwise indicated, these are figures published by approval authorities. 382 Australia’s water blueprint: national reform assessment 2014 Table D7: Processing times for water allocation trades by jurisdiction (from NWC 2013c) Interstate (within 10 days; 20 days for South Australia) 90% Intrastate (within 5 days; 10 days for South Australia) 90% 96% 100% No dataa 95% (River Murray only) 100% 94% Victoria 99% 99%b COAG service standards Performance New South Wales Queensland South Australia a Interstate allocation trades in 2012–13 occurred only from New South Wales into Queensland. Therefore, those trades and processing times for them are recorded in the New South Wales data. b If no published figures were available, values were calculated using raw data. Those values do not allow for the use of ‘stop the clock’ provisions. Note: Unless otherwise indicated, these are figures published by approval authorities. 15.Access to information on water trading The information for evaluating progress against this performance indicator draws on the Regional Wellbeing Survey (Schirmer 2014). This indicator measures whether irrigators believe it is easy to access the information they need to conduct water trades. This is a measure of the transparency of water markets and ability to receive clear price signals and associated market information. This indicator is measured using weighted data from the Regional Wellbeing Survey. It reports irrigators’ responses to the statement: ‘It’s easy to access the information I need to make water trading decisions’. Irrigators were asked to identify the extent to which they agreed or disagreed with this statement, on a scale of 1 to 7 where 1 was ‘strongly disagree’ and 7 was ‘strongly agree’. They could also answer ‘don’t know’. The survey indicated that most irrigators in the southern Murray–Darling Basin agreed it was easy to access the information needed for water trading. Figure D13: Proportion of irrigators who agree and disagree with the statement: ‘It’s easy to access the information I need to make water trading decisions’, by location within and outside the Murray–Darling Basin (Schirmer 2014) 60 % respondents 50 40 30 20 10 0 Northern Basin (n=169) Disagree Southern Basin (n=448) Agree Outside Basin (n=179) Neither agree or disagree All irrigators (n=801) Don’t know National Water Commission 383 16. Measure of change in economic surplus under efficient urban pricing structures The information for evaluating progress against this performance indicator comes from the Commission’s NPRs for urban water utilities (e.g. NWC 2014d). Water businesses and their customers in many jurisdictions still do not benefit from fully independent economic regulation with strong, deterministic powers; however, the changes to economic regulation have allowed the water businesses to recover the ‘efficient’ (i.e. minimum) costs of providing the good/service at the required quality. As a result water businesses’ net profit after tax (NPAT) has steadily improved. The NPAT ratio examines a utility’s profit with respect to its income. The NPAT ratio is defined as NPAT divided by total income for the utility. It can be considered as the utility’s net profit margin earned after tax. The median values for NPAT ratios for utilities with more than 100,000 properties are notably higher than the NPAT ratios of smaller utilities. Table D8: Net profit after tax ($000s) for the years 2011–12 and 2012–13 for water utilities as disclosed in annual financial statements (NWC 2014d) Size group Range High 100 000+ connected properties 50 000 to 506 596 WC (Perth) % change Number of utilities with increase / decrease from 2011–12 Low 19 538 in the total from 2011–12 Total Increase Decrease 2011–12 2012–13 3 8 1 646 986 1 625 041 –1% 9 3 91 198 127 546 40% 9 9 81 061 75 809 –6% 9 9 5 230 5 774 10% 30 29 Barwon Water 70 238 – 13 686 Townsville Coliban Water 54 621 – 24 051 100 000 connected properties 20 000 to 50 000 connected properties Mackay Water GWMWater 10 000 to 9 085 – 3 984 20 000 connected Orange Queanbeyan properties All size groups 506 596 – 24 051 WC (Perth) GWMWater 1 824 475 1 834 170 1% Under the regulatory approach that applies to major utilities in most states, customer prices are calculated assuming a benchmark capital structure of 60 per cent debt and 40 per cent equity. Increases in a utility’s debt level do not translate into price or bill increases. Rather, NPAT falls and the funds available for items such as dividends decrease. The two larger utility size groups have relatively higher debt compared with equity than the national median (the 100,000‑plus size group significantly so), while the other two size groups are below the median. As long as the dividend requirement imposed by government changes according to the entity’s debt equity ratio, it maintains financial sustainability. However, where 384 Australia’s water blueprint: national reform assessment 2014 governments maintain or increase their dividend requirements cash‑flow stress may result in a utility having to borrow to pay dividends, as was the case with the Victorian metropolitan entities in 2012–13. Water businesses are unable to send a clear price signal, with efficient price structures, as long as there is a dividend requirement imposed by government. While water prices reflect water use, the water business NPATs are dependent on dividend requirements, rather than water use alone. Table D9: Net profit after tax ratio (%) for the years 2011–12 and 2012–13 for water utilities as disclosed in annual financial statements (NWC 2014d) Size group 100 000+ Number of utilities with increase / decrease from 2011–12 Range % change in the median from 2011–12 Median High Low Increase Decrease 2011–12 2012–13 23 5 3 8 13 10 –27% 9 3 1 4 508% 9 9 3 8 212% 9 9 4 –0 –103% 30 29 8 8 –1% connected properties Gold Coast WC (Perth) 50 000 to 40 Water – 14 100 000 connected Townsville Coliban Water properties 49 – 59 connected Mackay GWMWater properties Water 20 000 to 50 000 10 000 to 35 – 22 Orange Aqwest– 20 000 connected properties All size groups Bunbury (W) 49 Mackay – 59 GWMWater Water 17. Measure of change in economic surplus under efficient rural pricing The information for evaluating progress against this performance indicator comes from the NPRs for rural water service providers (e.g. NWC 2014c). Similar to the urban NPAT, rural water service provider revenue shows total revenue from rural water service provision per revenue category ($m) and total volume of water supplied (GL) 2007– 08 to 2012–13 steadily increasing during the past six years. Rural water businesses are more able to send a clear price signal, where revenue reflects water use, however the state‑owned water business pricing (as part of their tariff structure and NPAT/revenue requirements) is partially dependent on government decisions. National Water Commission 385 Figure D14: Total revenue from rural water service provision per revenue category ($m) and total volume of water supplied (GL), from 2007–08 to 2012–13 (NWC 2014c) 12 000 450 10 000 350 300 8 000 250 6 000 200 4 000 150 100 2 000 50 0 0 2007–08 2008–09 2009–10 2010–11 Water entitlement charge ($m) 2011–12 2012–13 Consumptive charge ($m) Infrastructure access charge ($m) Other ($m) Customer service fee ($m) Customer service point fee ($m) Area serviced charge ($m) Total volume supplied at customer service points (GL) right axis Water goes to the highest economic value For this outcome to occur water must be allocated on the basis of price; sufficient information must be available to allow clear decision‑making by economic actors; and artificial interventions in the economy that distort water use (e.g. by governments seeking to maintain certain uneconomic activities) must be minimised. 18. Percentage by volume of entitlements / allocations traded The information for evaluating progress against this performance indicator comes from the study of Australia’s water markets by the Commission (NWC 2014b). High levels of trade are considered to indicate the presence of a strong market. Markets within the Murray–Darling Basin have the greatest activity levels and reflect seasonal differences and the significant activity of the Commonwealth Environmental Water Office (CEWO). Allocation trades in 2011–12 and 2012–13 show increased volumes partially as the movement of large volumes of water for environmental purposes. 387 Australia’s water blueprint: national reform assessment 2014 Volume (GL) Revenue ($ million) 400 The following tables describe water entitlement and water allocation trading intensity in the Murray–Darling Basin. Table D10: Water entitlement trading intensity in the Murray–Darling Basin systems, 2007–08 to 2012–13 (NWC 2014b) Trading intensity (%)a Queensland Total volume of trade in 2012–13 (ML) 141 025 NSW Murray 185 064 2 323 891 7 7 12 7 6 8 Murrumbidgee 220 288 2 932 333 6 15 10 7 7 8 Lower Darlingb n.a. n.a. 0 75 3 n.a. n.a. n.a. 255 269 115 656 4 944 716 2 193 096 n.a. 5 n.a. 12 14 13 7 6 8 7 5 5 74 915 2 307 451 6 8 8 6 7 3 14 679 33 061 520 585 856 995 1 2 4 5 4 16 9 8 1 9 3 4 5 76 520 n.a. n.a. 0 0 0 0 Entitlements on issue in 2012–13 (ML) 2007–08 936 185 n.a. 2008–09 2009–10 2010–11 2011–12 2012–13 n.a. 3 3 5 15 NSW Murray– Darling Basin— Other Vic. Murray Goulburn Rest of northern Victoria SA Murray Australian Capital Territory a Trading intensity is defined as the sum of internal trades plus outbound and inbound trades, all divided by the volume of available allocation. Hence, the sum of these volumes will exceed the total amount of trade in these regions. This is because interstate trades have been counted twice to reflect the fact that trading activity includes both trade in and trade out. This means that a region that exports a lot of water has as much ‘activity’ as one that imports a lot. Trade and entitlements on issue include regulated and unregulated systems, surface water and groundwater. They exclude floodplain harvesting licences. b NSW no longer reports the Lower Darling separately from the NSW Murray. 387 Australia’s water blueprint: national reform assessment 2014 Table D11: Water allocation trading intensity in the Murray–Darling Basin systems, 2012–13 (NWC 2014b) Queensland Total volume of trade in 2012–13 (ML) 96 287 Entitlements on issue in 2012–13 (ML) 936 185 Available allocation % 2012–13 100 Trading intensity (%)a 2012–13 10 NSW Murray 1 940 715 2 323 891 100 84 Murrumbidgee 1 158 990 2 932 333 100 40 Lower Darlingb n.a. n.a. n.a. n.a. 769 884 4 944 716 100 16 1 480 859 2 193 096 80 85 702 172 2 307 451 69 44 57 790 520 585 95 12 South Australian Murrayc 1 314 485 856 995 100 153 Australian Capital Territory 0 76 520 100 0 NSW Murray–Darling Basin other Victorian Murray Goulburn Rest of northern Victoria a Trading intensity is defined as the sum of internal trades plus outbound and inbound trades, all divided by the volume of entitlements on issue. Trade and entitlements on issue include regulated and unregulated systems, surface water and groundwater. They exclude floodplain harvesting licences. b NSW no longer reports the Lower Darling separately from the NSW Murray. c The South Australian figures reflect the delivery of environmental water into South Australia for a number of on‑ and off‑river sites as well as the Murray Mouth. 19. Number of trades The information for evaluating progress against this performance indicator comes from the study of Australia’s water markets by the Commission (NWC 2014b). Trade numbers have increased from a low base since 2004. Trade of allocations is now a standard component of business plans across the Murray–Darling Basin. Trade is slowly increasing outside of the Murray–Darling Basin, but investment is still required to enable market arrangements to develop. In mid‑2007 the area where interstate trade could occur was extended to incorporate all of the southern‑connected Basin as part of the implementation of the NWI. Trade numbers have increased since then, driven by a mix of the impact of the drought, increased levels of unbundling, improvements in jurisdictional processes and a better understanding of market operations by the participants. The movement of allocation water related to environmental deliveries has been a significant recent addition to this mix. The number of allocation trades has always exceeded the number of entitlement trades. There were 6955 entitlement trades for 1343 GL in 2012–13, while there were 27,136 intrastate allocation trades and 1022 interstate allocation trades that accounted for the 6184 GL of allocation traded in 2012–13 (of which 6054 GL occurred in the Murray–Darling Basin). National Water Commission 388 Table D12: Water allocation trading volumes in Australia 2007–08 to 2012–13 (NWC 2014b) 2007–08 (GL) 2008–09 (GL) 2009–10 (GL) 2010–11 (GL) 2011–12 (GL) 2012–13 (ML) 1376 1663 2118 3340 4127 5899 17 290 183 76 89 159 1393 1953 2301 3417 4216 6058 201 205 194 77 81 126 1594 2158 2495 3493 4297 6184 Murray–Darling Basin Regulated Unregulated and groundwater Murray–Darling Basin total Other water systems Other water systems Total Australia Note: Allocation trade totals include Victorian groundwater trades from 2010–11 onwards. Unregulated and groundwater are different water resources. Records are not sufficiently detailed to permit separate presentation of trade for these two resources across Australia. Table D13: Water entitlement trading volume in Australia 2007–08 to 2012–13 (NWC 2014b) 2011–12 2007–08 (GL) 2008–09 (GL) 2009–10 (GL) 2010–11 (GL) (GL) 2012–13 (GL) 723 1490 1744 894 1065 807 47 108 74 105 153 237 770 1598 1818 999 1219 1044 Other water systems 150 202 131 205 218 300 Total Australia 920 1800 1949 1204 1437 1343 Murray–Darling Basin Regulated Unregulated and groundwater Murray–Darling Basin total Other water systems Note: Entitlement trade totals include Victorian groundwater trades from 2010–11 onwards. Differences between the sums of individual trading volumes and the total trading volumes reported are due to rounding. Unregulated and groundwater are different water resources. Records are not sufficiently detailed to permit separate presentation of trade for these two resources across Australia. 20. Number of Commonwealth Environmental Water Holder trades, purchases and registrations The information for evaluating progress against this performance indicator comes from the study of Australia’s water markets by the Commission and from regular reports published by the CEWH (DotE 2014). The CEWH has legislated responsibility under the Water Act 2007 (Cwth) for decisions relating to Commonwealth environmental water, including management of the portfolio so that it maximises environmental outcomes across the Murray–Darling Basin over time. National Water Commission 389 The Commonwealth’s environmental water holdings comprise a portfolio of assets (water entitlements) and the accumulated annual yield of water (allocations) against those entitlements. This water may be delivered within the current year to meet environmental needs, carried over to future years to meet future environmental needs or traded (disposal or acquisition). Below is a summary of Commonwealth environmental water purchased and registered in each of the past six water years, as well as cumulative volumes at 30 June each year. The table includes both entitlements purchased through the buyback process and those recovered through the Sustainable Rural Water Use and Infrastructure Program. The CEWH has also completed allocation trades in the Gwydir and Peel catchments. The CEWH has indicated further sales of Commonwealth environmental water allocations are being considered through 2013–14 (CEWH 2014). Table D14: Summary of Commonwealth environmental water purchases 2007–08 to 2012– 13 (in GL) (NWC 2014b) 2007–08 Purchases secured during year Cumulative volume of secured purchases at end of yeara 2008–09 2009–10 2010–11 2011–12 2012–13 22 426 415 189 274 58 22 448 863 1052 1327 1385 Registered during yearb 0 65 659 255 364 246 Cumulative volume registered at end of yearc 0 65 724 979 1343 1599 a Includes only direct Restoring the Balance purchases. b Registered volumes include water not purchased from the market, such as gifted water and recoveries through the SRWUI Program. Includes both Restoring the Balance purchases and SRWUI Program recoveries. Note: Includes 28 GL of non‑tradeable Victorian entitlements that were registered by the Commonwealth in 2012–13. Water recovery figures have been validated against audited data held by the Commonwealth Environmental Water Holder. Total volumes registered to the Commonwealth at 30 June 2013 include any corrections to previously published data. c 21. Regulatory barriers to water trade The information for evaluating progress against this performance indicator draws on the Regional Wellbeing Survey (Schirmer 2014). This indicator measures whether irrigators said they had experienced barriers to water trade in the past five years resulting from regulations/restrictions on trade. For those who reported experiencing barriers, the indicator measures the effects these barriers had on their farm enterprise. This enables identification of whether and how barriers to water trade are affecting farm enterprises and, via these, the health of rural and regional economies that depend on these farm enterprises. This indicator is measured using weighted data from the Regional Wellbeing Survey. It is measured by (i) identifying the proportion of irrigators who answered ‘yes’ when asked if they had ‘been unable to sell water allocation due to regulation’, and (ii) for those who reported they had been unable to sell allocation, identifying how positively or negatively this barrier to trade had affected their farm enterprise. The latter was measured on a scale of 1 to 7, where 1 was ‘very negatively’ and 7 ‘very positively’. As relatively few irrigators reported being affected by restrictions to trade, data on how positively or negatively their farm enterprise was affected is only reported for a small number of regions, as in others there were too few respondents to report data with appropriate confidence in its reliability. 390 Australia’s water blueprint: national reform assessment 2014 Figure D15: Proportion of irrigators who reported they had been unable to sell water allocation due to regulation in the past five years, by state and region (Schirmer 2014) 30 % respondents 25 20 15 10 5 0 Southern Basin (n=443) Northern Basin (n=163) Outside Basin (n=178) All irrigators (n=789) Yes, have experienced this in last 5 years Figure D16: Effect of being unable to sell water allocation due to regulation on the farm enterprise, as reported by irrigators who had experienced this, by state and region (Schirmer 2014) 60 % respondents 50 40 30 20 10 0 Northern Basin (n=28) Negative Southern Basin (n=126) Positive All irrigators (n=172) Neither positively or negatively affected Note: several regions are not included in this figure as there were too few irrigators in the sample to report data for the region. 22. Proportion of market participants reporting not being able to trade because of market restrictions, and the relative volume excluded from trade The information for evaluating progress against this performance indicator comes from the study of Australia’s water markets by the Commission (NWC 2014b) and from a specific study by the Commission into the Victorian decision to suspend inter‑valley water allocation trading. Market restrictions have tended to fall into one of two types: a full or partial market suspension; or set barrier or limit. The NWI and the Basin plan water trade rules do allow restrictions that are based on physical constraints, hydrologic connections and water supply considerations, and the need for environment management to protect features of major Indigenous, cultural heritage or spiritual significance. These restrictions are not considered relevant to the performance indicator. National Water Commission 391 The best‑known limit has been the four per cent limit on net export in place for Victorian irrigation districts. The limit was in place from 2007 to 1 July 2014 when it was removed to comply with the requirements of the Basin plan. When in effect, many Victorian irrigation districts reached the limit, and this prevented irrigators from trading entitlements out of their district for the remainder of the year. This had the effect of distorting the prices within the district. The impact of the limit was less in 2012–13 than in previous years because there was a reduction in total entitlement sales and also there was an increased number of exceptions from the four per cent limit. The NSW three per cent limit was in place for 18 months up to 24 February 2014 and was removed when NSW signed the Partnership Agreement for the Basin plan. The three per cent limit had a number of exceptions that have made it difficult to determine how many sales were prevented as a direct consequence. It is possible that market inefficiencies similar to those in Victoria were caused by the NSW limit, but it appears that the impacts were not as significant in NSW. The late‑season market suspensions in the southern‑connected Murray–Darling Basin in 2010– 11, 2011–12 and 2012–13, and again by Victoria in 2013–14, had noticeable impacts on many irrigators in those regions and on overall market confidence. It is widely accepted that the relatively attractive Victorian carryover arrangements have been an important driver of water market behaviour, with substantial late‑season transfers of water allocations into Victoria. These carryover arrangements were established to assist Victorian irrigators manage the impact of drought in 2007–08. At that time, there was sufficient space in water storages to accommodate the carryover provisions. However, the recent wet years have reduced available storage for this purpose. This lack of storage coupled with the attractive carryover provisions available to Victorian entitlement holders led to third‑party impacts on South Australian and NSW allocations held in storages shared with Victoria. 23. Movements of water between states and regions each season The information for evaluating progress against this performance indicator comes from the study of Australia’s water markets by the Commission (NWC 2014b). Allocation trades tended to move downstream for most of the past decade. Initially this was in response to the demands of permanent plantings during the drought. The past two years have seen deliveries of environmental water become a significant driver of allocation water delivered downstream. Low rainfall years, such as 2012–13, trigger large volumes of intrastate transfers of both irrigation and environmental water. Net interstate allocation trade in 2012–13 was 925 GL, a large increase from the net 278 GL trades in 2011–12. The NSW net allocation export increased from 44 GL to 280 GL in 2012–13. This pattern was similar to Victoria‘s increase in net allocation export from 231 GL to 645 GL. South Australia continued to be a net importer of allocations in 2012–13, with its net imports increasing from 278 GL in 2011–12 to 925 GL. 392 Australia’s water blueprint: national reform assessment 2014 Figure D17: Net interstate trades in water allocations in the southern Murray–Darling Basin 2003–04 to 2012–13 (NWC 2014b) 1 000 000 800 000 Net allocation trade (ML) 600 000 400 000 200 000 0 -200 000 -400 000 -600 000 -800 000 2003–04 2004–05 2005–06 2006–07 NSW 2007–08 SA 2008–09 2009–10 2010–11 2011–12 2012–13 Victoria The figures below show the sources and destinations for water allocation trades for each southern Murray–Darling Basin trading zone in both 2008–09 and 2012–13. There are numerous external factors that may drive allocation trade in particular years. For example, in 2008–09 the main drivers of allocation trade were drought, low allocations, water prices, government purchases for critical human needs and water for permanent plantings. In 2012–13, the drivers of allocation trade were environmental deliveries and widespread low rainfall across all irrigated areas including the rice crop, which greatly increased competition for water and led to increased prices for allocations. National Water Commission 393 Figure D18: Significant interzone allocation trading in the southern Murray–Darling Basin, 2008–09 (NWC 2014b) Key South Australia Trading zone Net trade Low reliability allocation percentage (L) General reliability allocation percentage (G) High reliability allocation percentage (H) Average price Lower Darling -28 GL G: 50% H: 100% $480 /ML SA Murray 336 GL H: 18% $340 /ML Net exporter Net importer 103 GL 199 GL 3 GL Victoria Murrumbidgee -390 GL G: 21% H: 95% $361 /ML New South Wales Goulburn 42 GL L: 0% H: 33% $337 /ML Figure D19: Significant interzone allocation trading in the southern Murray–Darling Basin, 2012-13 (NWC 2014b) 394 Australia’s water blueprint: national reform assessment 2014 Water resource development is economically sustainable This outcome focuses on the development of water resources to increase overall supply and the consequent additional resources that can be used for economic activity. For this outcome to occur, new water sources should be allocated judiciously and should not have negative impacts on existing water systems. 24. Proportion of water plans including economic objectives The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (NWC 2014e). Analysis undertaken for the National Water Planning Report Card 2013 showed a high proportion of water plans identified measurable economic outcomes and outputs. Figure D20: Number of water plans assessed as having measurable economic outcomes for the National Water Planning Report Card 2013 (unpublished data NWC 2014e) 120 Number of plans 100 80 60 40 20 0 Yes To some extent No Unable to assess Not applicable 25. Proportion of water plans including an assessment of the economic value of water The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (NWC 2014e). Analysis undertaken for the National Water Planning Report Card 2013 showed a high proportion of water plans now assess the economic value of water (quantitatively and/or qualitatively) in the plan area at the time of plan commencement. More detailed assessments are usually made where there is a higher level of competition for water resources. Figure D21: Number of water plans that include an assessment of the economic value of the water across the plan area (unpublished data NWC 2014e) 100 Number of plans 80 60 40 20 0 Yes To some extent No Unable to assess Not applicable National Water Commission 395 26. Proportion of plans with rules which respond to groundwater and surface water connectivity The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (NWC 2014e). Analysis undertaken for the National Water Planning Report Card 2013 showed a high proportion of water plans have rules which manage groundwater and surface water connectivity. However, there are significant gaps remaining in both the knowledge and arrangements to deal with connected resources. Newer plans include better arrangements to manage groundwater and surface water connectivity. Figure D22: Number of water plans assessed as addressing groundwater/surface water connectivity for the National Water Planning Report Card 2013 (NWC 2014e) 120 Number of plans 100 80 60 40 20 0 Yes To some extent 2011 (157 plans) No Unable to assess Not applicable 2013 (172 plans) 27. Number of urban centres with defined levels of service The information for evaluating progress against this performance indicator comes from the Commission’s NPRs for urban water utilities (e.g. NWC 2014d). Defined levels of service establish minimum standards in terms of water quality and water service provision for water supply systems. The 2012–13 Urban NPR reported that 81 urban centres, representing 18.7 million Australians, now have defined levels of service. Those urban centres all have more than 10,000 connections. There are also many smaller urban centres with defined levels of service, for example NSW has more than 70 additional small urban centres with defined levels of service for the supply of urban water. In most of these cases, the state government sets the parameters for local government arrangements. 28. Performance of utilities against level of service targets The information for evaluating progress against this performance indicator comes from the NPRs for urban water utilities (e.g. NWC 2014d). In general, the larger utilities perform better than the smaller utilities against level of service targets. 396 Australia’s water blueprint: national reform assessment 2014 180 140 160 120 140 100 120 100 80 80 60 60 40 40 Duration (minutes) Frequency per 1000 properties Figure D23: Indicators of the reliability of water and sewerage supply across Australian urban areas for which utilities reported for the period 2006–07 to 2012–13 (NWC 2014d) 20 20 0 0 2006–07 2007–08 2008–09 2009–10 2010–11 2011–12 2012–13 Incidence of unplanned interruptions – water (per 1000 properties) Average duration of an unplanned interruption – water (minutes) Average sewerage interruption (minutes) Unplanned interruptions – There has been a slight increase (three per cent) in the number of utilities reporting higher average durations of unplanned interruptions. Water and sewerage complaints – The median result for all utilities for the number of water and sewerage complaints decreased from eight in 2011–12 to six in 2012–13. Main breaks – There has been a three per cent increase in the number of main breaks (bursts and leaks in all distribution system mains – including both potable and non‑potable water mains). Sewer break and chokes – Sewer break and chokes per 100 km of sewer main decreased by two per cent, property connection sewer breaks and chokes per 1000 properties increased three per cent, so overall the performance of sewer systems remained stable. Median value for real losses – The median value for real losses increased seven per cent (real loss = leakage, and overflow from mains – a general indicator of condition of mains and other infrastructure and water pressure). There was a general decrease in real losses from 2007–08 to 2010–11, however increases in the past two years are consistent with rising usage. Water use is technically efficient This outcome assumes that increased technical efficiency will reduce the amount of water required for use in various activities, thereby increasing the water resources available for other users. There are many ways that this can occur, including improvement of physical infrastructure, innovation, research and development, regulatory arrangements that promote efficiency and the use of technical solutions that factor in all externalities (including energy consumption). 29. Household consumption per capita The information for evaluating progress against this performance indicator comes from the Water Account Australia compiled by the Australian Bureau of Statistics (ABS 2013b). Household consumption per capita has declined nationally (by as much as 26 per cent) between 2004 and 2012. However, the decline in household consumption per capita appears to have slowed between 2008–09 and 2011–12, which may indicate a levelling out in this general trend of decline in consumption due to the easing of drought conditions and water restrictions. National Water Commission 397 Table D15: Trends in water consumption by different user groups over the period 2008–09 to 2011– 12 by jurisdiction and for the whole of Australia (ABS 2013b) NSW Vic. Qld SA WA Tas. NT ACT Aust. 2011–12 Water consumption by industry (GL) 5,753 3,017 3,029 916 1,113 311 140 24 14,303 Water consumption by households (GL) 508 316 346 120 308 56 34 26 1,715 6,262 3,333 3,375 1,036 1,420 368 174 50 16,019 91,217 236,338 24,345 18,086 31,511 1,451,120 Total water consumption (GL) Gross State Product ($m) Population at 30 June 2012 (‘000) 446,169 322,833 280,622 7,301 5,629 4,566 1,656 2,433 512 235 375 22,707 Gross State Product/Total water consumption ($ per GL) 71 97 83 88 166 66 104 630 91 Gross State Product/ Industry water consumption ($ per GL) 78 107 93 100 212 79 128 1,313 101 858 592 739 626 584 719 740 133 705 70 56 76 72 127 109 145 69 76 Total economy water consumption (kL) per capita Household water consumption (kL) per capita 2010–11 Water consumption by industry (GL) 4,514 2,048 2,654 907 1,059 302 135 18 11,637 Water consumption by households (GL) 527 311 311 115 310 69 31 25 1,699 5,041 2,359 2,964 1,023 1,369 371 167 43 13,337 251,616 86,323 187,117 23,738 16,281 29,473 1,320,058 Total water consumption (GL) Gross State Product ($m) Population at 30 June 2011 (‘000) 7,219 5,538 4,477 1,640 2,353 511 231 368 22,337 Gross State Product/Total water consumption ($ per GL) 83 130 85 84 137 64 97 685 99 Gross State Product/ Industry water consumption ($ per GL) 93 149 95 95 177 79 121 1,637 113 698 426 662 624 582 726 723 117 597 73 56 69 70 132 135 134 68 76 Total economy water consumption (kL) per capita Household water consumption (kL) per capita 398 419,895 305,615 Australia’s water blueprint: national reform assessment 2014 NSW Vic. Qld SA WA Tas. NT ACT Aust. 2009–10 Water consumption by industry (GL) 3,767 2,581 2,756 987 1,038 391 130 20 11,670 Water consumption by households (GL) 556 323 356 123 348 73 37 28 1,844 4,323 2,904 3,112 1,110 1,386 464 167 47 13,515 410,774 298,123 251,144 84,269 180,821 23,561 16,021 28,666 1,293,379 Total water consumption (GL) Gross State Product ($m) Population at 30 June 2010 (‘000) 7,144 5,461 4,405 1,627 2,291 509 230 362 22,029 Gross State Product/Total water consumption ($ per GL) 95 103 81 76 130 51 96 610 96 Gross State Product/ Industry water consumption ($ per GL) 109 116 91 85 174 60 123 1,433 111 Total economy water consumption (kL) per capita 605 532 706 682 605 912 726 130 614 78 59 81 76 152 143 161 77 84 Household water consumption (kL) per capita 2008–09 Water consumption by industry (GL) 4,007 2,620 3,001 1,051 1,026 397 121 21 12,242 Water consumption by households (GL) 548 331 340 128 335 69 39 27 1,818 4,555 2,951 3,341 1,179 1,361 466 160 48 14,061 402,003 291,352 246,901 83,231 173,419 23,457 15,813 27,780 1,263,956 Total water consumption (GL) Gross State Product ($m) Population at 30 June 2009 (‘000) 7,054 5,372 4,329 1,609 2,240 504 226 355 21,689 Gross State Product/Total water consumption ($ per GL) 88 99 74 71 127 50 99 579 90 Gross State Product/ Industry water consumption ($ per GL) 100 111 82 79 169 59 131 1,323 103 Total economy water consumption (kL) per capita 646 549 772 733 608 925 708 135 648 78 62 79 80 150 137 173 76 84 Household water consumption (kL) per capita National Water Commission 399 30. Households with water conservation devices in the household The information for evaluating progress against this performance indicator comes from the statistics compiled by the Australian Bureau of Statistics on environmental issues: water use and conservation (ABS 2013a). Understanding the water usage behaviour of Australian households is important for the continued management and planning of water resources. This is especially important when forecasting future household water demands. Increased water efficiency and conservation measures by Australian households may lessen the demand for fresh water supplies in urban and rural areas. Rainwater tanks – Approximately 2.3 million households (26 per cent) used a rainwater tank as a source of water in 2013. The proportion of households that used water from a rainwater tank has remained steady since 2010, having increased from 19 per cent in 2007. South Australia had the highest proportion of households that used water from a rainwater tank (46 per cent), followed by Queensland (34 per cent) and Victoria (29 per cent). Figure D24: Trends in use of rainwater tanks in urban households across Australia 2007– 13 (ABS 2013a) 60 50 % 40 30 20 10 0 NSW Vic Qld SA 2007 WA 2010 Note: (a) Data not available for graph as relative standard error greater than 25% 400 Australia’s water blueprint: national reform assessment 2014 Tas 2013 NT (a) ACT Front load washing machines – The use of front loading washing machines, generally more water efficient than top loaders, has increased during the past three years. More than 34 per cent of Australian households had a front loading washing machine in 2013 compared with 28 per cent in 2010. The proportion of households with a front loading washing machine has increased in all states and territories during the past three years. Figure D25: Trends in use of front loading washing machines across Australia 2010–13 (ABS 2013a) 50 40 % 30 20 10 0 NSW Vic Qld SA 2010 WA Tas NT ACT 2013 Water efficient shower heads – More than 68 per cent of Australian households had water efficient shower heads in 2013 compared with 55 per cent in 2007. Dual flush toilets – More than 89 per cent of Australian households had dual flush toilets in 2013 compared with 80 per cent in 2007. Steps to save water use in the garden – Of the 7.3 million households with a garden, the proportion of households that took at least one step to save water in the garden has decreased during the past six years, with 54 per cent taking at least one step in 2013 compared with 62 per cent in 2010 and 71 per cent in 2007. 31. Conveyance losses (unaccounted water) as a proportion of distributed supply (rural only) The information for evaluating progress against this performance indicator comes from the Water Account Australia compiled by the Australian Bureau of Statistics (ABS 2013b). The percentage of water losses to total distributed water for rural water providers has continued to decrease over time. Nationally irrigation/rural water providers have reported the percentage of water losses to total distributed water has decreased from 34 per cent in 2008–09 to 18 per cent in 2011–12. National Water Commission 401 Table D16: Water distribution losses 2008–09 to 2011–12 by jurisdiction and for the whole of Australia (ABS 2013b) NSW Vic. Qld SA WA 2011–12 Tas. NT ACT Aust. 105,921 76,810 70,440 22,093 64,028 8,199 8,201 3,316 359,008 932,394 254,611 167,379 3,007 64,627 25,288 0 0 1,447,306 8,201 3,316 1,806,314 Volume of water lost during delivery Urban water utilities/ providers (ML) Rural water utilities/ providers (ML) Total 1,038,315 331,421 237,819 25,100 128,655 33,487 Urban water providers (%) 13 6 12 10 15 6 14 7 9 Irrigation/rural water providers (%) 21 14 13 2 31 51 0 0 18 Total (%) 19 11 13 7 20 17 14 7 15 Percentage of water losses to total distributed water 2010–11 Volume of water lost during delivery Urban water utilities/ providers (ML) 131,808 72,144 61,303 21,634 39,139 9,372 8,415 3,173 346,988 Rural water utilities/ providers (ML) 712,353 203,850 101,422 4,728 59,388 870 0 0 1,082,611 Total 844,161 275,994 162,725 26,362 98,527 10,242 8,415 3,173 1,429,599 Urban water providers (%) 15 9 12 11 10 11 16 9 12 Irrigation/rural water providers (%) 33 24 16 4 24 8 0 0 27 Total (%) 28 17 14 8 16 11 16 9 20 Percentage of water losses to total distributed water 402 Australia’s water blueprint: national reform assessment 2014 NSW Vic. Qld SA WA Tas. NT ACT Aust. 10,100 9,787 3,778 377,637 2009–10 Volume of water lost during delivery Urban water utilities/ providers (ML) Rural water utilities/ providers (ML) Total 126,275 81,107 73,280 34,992 846,591 398,251 106,050 12,917 972,866 479,358 179,330 47,909 38,318 59,377 4,410 97,695 14,510 0 0 1,427,596 9,787 3,778 1,805,233 Percentage of water losses to total distributed water Urban water providers (%) 14 9 13 16 10 11 17 9 12 Irrigation/rural water providers (%) 38 30 8 8 24 21 0 0 27 Total (%) 31 21 10 13 15 13 17 9 21 2008–09 Volume of water lost during delivery Urban water utilities/ providers (ML) Rural water utilities/ providers (ML) Total 144,500 91,868 70,728 31,871 39,086 18,450 7,365 3,080 406,948 1,153,505 423,032 148,460 14,253 51,519 8,127 0 0 1,798,896 1,298,005 514,900 219,188 46,124 90,605 26,577 7,365 3,080 2,205,844 Urban water providers (%) 16 8 11 14 11 18 12 7 12 Irrigation/rural water providers (%) 49 35 12 10 19 24 0 0 34 Total (%) 40 22 12 13 15 20 12 7 25 Percentage of water losses to total distributed water National Water Commission 403 32. Proportion of farms with efficient irrigation infrastructure, e.g. drip irrigation, spray irrigation, tile drains, drainage reuse etc. The information for evaluating progress against this performance indicator comes from the Water Account Australia compiled by the Australian Bureau of Statistics (ABS 2010, 2013c). Of the 40,000 agricultural businesses that irrigated in 2008–09, more than 21,000 (54 per cent) reported making one or more changes to their irrigation practices. The three most common changes made included adopting more efficient irrigation techniques (8770 agricultural businesses), adopting more efficient irrigation scheduling (6459), and reducing the area under irrigation (5618). In the Murray–Darling Basin, of the 11,000 agricultural businesses who reported making one or more changes to their irrigation practices in 2008–09, the most commonly reported changes included the adoption of more efficient irrigation techniques (38 per cent of irrigators making one or more changes), reducing the area under irrigation (35 per cent), and purchasing extra water (31 per cent). Between 2004–05 and 2008–09, there was a shift towards the use of more efficient irrigation methods. Surface irrigation remained the most preferred method of irrigation with 44 per cent of irrigated area irrigated by this means in 2008–09; however this was down from 62 per cent in 2004–05. Sprinkler systems, which include microspray, portable and hose irrigators, large mobile machines and solid set, were the next preferred method in 2008–09 (37 per cent), up from 28 per cent of area irrigated by these means in 2004–05. Figure D26: Trends in use of efficient irrigation technologies for all irrigation areas in Australia 2004–05 and 2008–09 (ABS 2010) Other Sprinkler Drip or trickle Surface 0 10 20 30 40 50 60 70 % total irrigated area 2004–05 2008–09 33. Infrastructure investment benefits rural water users The information for evaluating progress against this performance indicator draws on the Regional Wellbeing Survey (Schirmer 2014). Having high quality, efficient water supply infrastructure can support the economically efficient use of water, which in turn can benefit farm enterprises. Considerable investment has been made in recent years to upgrade this infrastructure in many regions. This indicator measures whether investment in upgrading irrigation water supply infrastructure has had on‑farm benefits for irrigators. It is measured in two steps: first, the proportion of irrigators who answered ‘yes’ when asked ‘has your water provider 404 Australia’s water blueprint: national reform assessment 2014 (e.g. irrigation company) upgraded its infrastructure in recent years?’. Those who had experienced upgrade of water supply infrastructure were then asked to rate how this upgrade affected their farm enterprise, using a 7‑point scale from 1 (very negatively) to 7 (very positively). In general, most respondents identified a positive impact from water providers upgrading infrastructure. Figure D27: Proportion of irrigators who reported their water provider had upgraded infrastructure in recent years, by state and region (Schirmer 2014) Figure D28: Impact on‑farm enterprise of water provider upgrading water infrastructure, as reported by irrigators who had experienced this, by state and region (Schirmer 2014) 100 % respondents 80 7.0 4.2 4.8 13.4 12.1 9.0 57.8 60.7 60.6 57.0 16.4 15.1 13.6 18.6 All irrigators (n=258) Southern Basin (n=205) NSW (n=123) Vic (n=87) 17.4 60 40 20 0 Don't know Neither positive or negative Positive Negative National Water Commission 405 34. Investment in increasing on‑farm water use efficiency The information for evaluating progress against this performance indicator draws on the Regional Wellbeing Survey (Schirmer 2014). This indicator identifies the proportion of irrigators who report having invested in increasing the efficiency of their on‑farm water use, and the effects of doing this on their farm enterprise. This indicator is measured in two parts: identification of the proportion of irrigators who have invested in increased on‑farm water use efficiency and, of these, the proportion who have done so with no assistance, or with assistance from their water provider or a government grant self‑assessment of the effects of increasing water use efficiency: irrigators’ perspectives on whether investing in increasing water use efficiency has had a positive or negative effect on their farm, measured on a scale of 1 (very negative) to 7 (very positive). Results showed that the majority of respondents had invested in water use efficiency in the past five years. Figure D29: Proportion of irrigators who have invested in improving water use efficiency in the past five years, and have received support to do so at any time, by location within and outside the Basin (Schirmer 2014) 80 70 % respondents 60 50 40 30 20 10 0 Northern Basin (n=167) Southern Basin (n=448) Outside Basin (n=179) Invested in improved water use efficiency in last 5 years Received government grant to improve water use efficiency Received assistance from water provider to improve water use efficiency 35. Water application rates for irrigated agriculture by enterprise type, recognising seasonal factors The information for evaluating progress against this performance indicator comes from the statistics on Water Use on Australian Farms compiled by the Australian Bureau of Statistics (ABS 2013c). Australia wide, application rates (ML/ha) for irrigated agriculture, across all enterprise types, have fallen by 10 per cent between 2004 and 2012. However, there has been a slight increase between 2009–10 and 2011–12. It should also be noted that increases in application rates by enterprise sector can in some cases be justified in the pursuit of higher yields, and may change subject to climatic variability or seasonal rainfall totals. Bearing this in mind, there may be some indication that the use of water within irrigated agriculture is becoming more efficient. 406 Australia’s water blueprint: national reform assessment 2014 Table D17: Trends in total water use on Australian farms 2009–10 to 2011–12 and use by agricultural commodity type (ABS 2013c) Agricultural businesses Agricultural Area businesses under pasture irrigating or crop Area irrigated Volume applied Application rate no. no. ha ha ML ML/ha 2009–10 134,553 40,816 398,580,223.3 1,840,610.3 6,596,039.8 3.6 2010–11 135,654 38,752 409,672,625.3 1,962,568.8 6,645,374.7 3.4 2011–12 135,692 34,911 405,473,623.0 2,141,303.4 8,174,320.3 3.8 101,960 11,470 355,082,951.9 613,978.5 1,576,418.6 2.6 27,496 4,070 1,143,350.5 104,280.0 293,031.6 2.8 5,908 846 320,140.0 41,226.9 81,524.1 2.0 861 861 103,114.6 103,114.6 1,138,286.7 32,201 2,474 19,294,901.0 237,628.2 565,043.6 2.4 1,080 828 596,497.0 397,221.4 2,068,907.5 5.2 3,947 1,656 388,264.9 166,148.8 668,252.2 4.0 Other broadacre crops 18,638 823 4,594,391.2 48,815.4 109,191.9 2.2 Fruit trees, nut trees, plantation or berry fruits 8,073 5,400 186,001.8 134,536.9 666,627.0 5.0 Vegetables for human consumption 6,018 4,676 126,411.2 105,169.4 376,165.2 3.6 Nurseries, cut flowers and cultivated turf 2,918 2,162 16,378.2 11,905.0 50,092.9 4.2 Grapevines 6,674 5,664 153,212.7 137,928.4 415,621.5 3.0 TOTAL 2011–12 Pastures and cereal crops used for grazing or fed off Pastures and cereal crops cut for hay Pastures and cereal crops cut for silage Rice Other cereals for grain or seed Cotton Sugar cane 11.0 36. Supply network delivery efficiency: unaccounted water as a proportion of distributed supply The information for evaluating progress against this performance indicator comes from the NPRs for rural water utilities (NWC 2014c). Supply network delivery efficiency is an industry measure specific to the rural water sector. It is defined as the percentage of measured inflow volume that is delivered via a supply network to customer service points and as other planned deliveries, which include environmental flows and passing flows to downstream users. The efficiency of gravity delivery systems generally improved from 2007–08 to 2010–11, but has remained stable at around 83 per cent since then, despite large increases in water sales in 2011– 12 and 2012–13. Up to 2010–11, the improvement in efficiency was indicative of significant investment National Water Commission 407 by the rural water industry to modernise and pipe irrigation systems, specifically to enhance customer service and reduce water losses. The drier conditions in 2012–13, which caused more evaporation and seepage, are the likely reason for the lack of further improvement. Among individual water service providers, six recorded increases and two recorded decreases in their gravity systems’ delivery efficiency from 2007–08 to 2012–13. The largest increases since 2007–08 were by Coleambally Irrigation (37 per cent), Murray Irrigation (25 per cent) and Murrumbidgee Irrigation (24 per cent). Figure D30: Network delivery efficiency for gravity‑supplied rural districts 2007–08 to 2012–13 (from NWC 2014c) 100 80 % 60 40 20 0 2007–08 2008–09 2009–10 Coleambally Irrigation Murrumbidgee Irrigation Lower Murray Water Ord Irrigation 2010–11 Murray Irrigation Goulburn–Murray Water Harvey Water Southern Rural Water 2011–12 2012–13 Weighted average (all WSPs) The delivery efficiency of the pressurised pipe systems of Central Irrigation Trust (CIT) and G‑MW has remained consistently high over the past six years. Increases in efficiency by G‑MW in 2009– 10 and LMW in 2010–11 were the result of the completion of the Wimmera–Mallee pipeline and the Robinvale project respectively. Before then, those systems were mainly gravity fed. Figure D31: Network delivery efficiency for pressurised supply districts 2007–08 to 2012– 13 (from NWC 2014c). 100 80 % 60 40 20 0 2007–08 408 2008–09 2009–10 2010–11 2011–12 Central Irrigation Trust GWMWater Goulburn–Murray Water Lower Murray Water Australia’s water blueprint: national reform assessment 2014 2012–13 37. Proportion of waste, storm and drainage water that is re ‑used by the industry sector and households The information for evaluating progress against this performance indicator comes from the Water Account Australia compiled by the Australian Bureau of Statistics (ABS 2013b). Household use of re‑use water increased between 2008–09 (since records began) and 2010–11, but then decreased in 2011–12. Industry use of re‑use water has decreased between 2008 (since records began) and 2012. Industry use of re‑use water gradually increased between 2008 and 2011, however industry use of re‑use water decreased between 2010–11 and 2011–12. The re‑use of water is influenced by factors such as overall availability in storages, seasonal rainfall totals and climatic variability; these factors may explain why total consumption of re‑use water decreased by 35 per cent from 2010–11 to 2011–12, from 351 GL to 227 GL. Table D18: Trends in water re‑use by industry groups and households over the period 2008–09 to 2011–12 by jurisdiction and for the whole of Australia (ABS 2013b) NSW Vic. Qld SA WA Tas. NT ACT Aust. ML ML ML ML ML ML ML ML ML 4,410 1,267 336 0 45,269 6 0 0 1,125 0 0 4,727 295 22,701 2011–12 Agriculture 9,864 Forestry, fishing and aquaculture 15,427 10,892 3,072 245 731 0 220 Mining 1,819 1,032 1,582 Manufacturing 6,411 2,082 6,955 950 4,905 10,855 730 1,266 0 7,973 1,368 4,266 160 343 18,436 4,194 6,557 635 692 Electricity and gas supply Water supply 18,637 Other industries 10,247 Household Total 32,543 16,737 1,786 67,076 66,680 1,993 214 297 207 0 0 0 0 2,711 51,820 76,046 57,721 10,633 21,624 3,148 1,425 4,607 227,025 2010–11 Agriculture 80,201 18,745 5,398 12,609 4,266 1,333 258 28 122,839 354 124 1,846 302 9 1 0 0 2,637 7,084 2,446 327 17 349 2 0 0 10,225 Manufacturing 13,986 5,473 7,151 868 4,688 265 8 28 32,468 Electricity and gas supply 10,628 3,743 11,796 1 530 0 0 4 26,703 Water supply 18,664 32,482 6,965 1,539 3,874 975 0 3,883 68,382 Other industries 27,560 15,154 22,184 9,732 4,535 4,433 517 362 84,478 2,373 317 257 316 20 0 0 0 3,283 160,850 78,485 55,925 25,384 18,272 7,009 784 4,305 351,014 Forestry, fishing and aquaculture Mining Household Total National Water Commission 409 Table D18: Trends in water re‑use by industry groups and households over the period 2008–09 to 2011–12 by jurisdiction and for the whole of Australia (ABS 2013b) (continued) NSW Vic. Qld SA WA Tas. NT ACT Aust. 2009–10 Agriculture 54,549 34,015 10,056 21,269 4,932 1,013 7 21 125,862 166 248 2,908 0 8 1 0 0 3,332 5,956 2,697 72 15 316 1 0 0 9,057 Manufacturing 10,558 4,986 7,815 840 5,586 176 5 25 29,990 Electricity and gas supply 1,515 3,743 13,934 0 530 0 0 4 19,726 Water supply 21,693 31,159 7,767 3,233 2,736 583 0 2 67,173 Other industries 25,620 18,206 18,672 6,444 3,361 4,315 1,221 4,197 82,035 2,210 584 50 242 20 0 0 0 3,106 122,268 95,638 61,273 32,042 17,488 6,089 1,233 4,249 340,280 Forestry, fishing and aquaculture Mining Household Total 2008–09 Agriculture 38,954 24,266 12,419 26,393 3,967 2,592 0 66 108,656 32 159 2,165 0 8 1 0 0 2,365 5,274 2,254 106 15 322 2 0 0 7,973 Manufacturing 11,088 5,371 4,558 852 4,601 260 8 27 26,767 Electricity and gas supply 1,093 3,743 3,914 0 543 0 0 0 9,294 Water supply 25,318 43,467 6,318 317 1,777 1,072 300 3,877 82,446 Other industries 18,128 35,374 14,421 6,640 8,146 2,529 1,546 232 87,016 1,704 208 37 352 0 0 0 0 2,301 101,591 114,842 43,939 34,570 19,364 6,456 1,854 4,202 326,818 Forestry, fishing and aquaculture Mining Household Total 410 Australia’s water blueprint: national reform assessment 2014 Water supports a healthy environment This section of Appendix D summarises the findings for each performance indicator under the broad outcome of Water supports a healthy environment and provides a snapshot of the data used for the assessment. Major sources of information to support the analyses and interpretation are the Commission’s national water planning report cards and the Assessing water stress in Australian catchments and aquifers report. Future water options aren’t compromised by today’s decisions Water sources are managed sustainably This outcome relates to whether water plans take into account sustainability and the degree to which this is embedded into water management practices. We would expect to see sustainable levels of extraction defined within water plans, acknowledging and addressing situations of overuse and overallocation where they exist. In systems where use and allocation is below the sustainable level of extraction, we would expect NWI‑consistent arrangements are in place to ensure any growth in use does not exceed agreed levels. 38. Robust and transparent risk‑assessment processes are used to prioritise water plan development The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). All jurisdictions maintain that they have a risk‑based process to prioritise plan development, evaluation and review although the criteria applied to this process are not always clear. Acknowledging that planning priorities change over time, there is a lack of transparency in some jurisdictions regarding the status of areas that have previously been prioritised but where plans have not been completed. It is unclear to what extent planning priorities are documented internally within agencies and are robust and repeatable. 39. Proportion of water plans that have established water extraction limits The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). A high proportion of water plans establish water extraction limits within the plan area. In addition, the finalisation of the Basin plan has made clearer the sustainable levels of extraction inside the Murray–Darling Basin and the intended timeframes for achieving reductions in water use where required. Despite progress in defining water extractions limits within water plans, challenges persist in both overallocation and/or overuse in some systems. In some cases, water resources are not covered by finalised plans (e.g. groundwater resources in the Darwin Rural area) or extractions are unmetered (e.g. unregulated rivers in some cases in New South Wales). National Water Commission 411 Figure D32: Number of water plans that define a sustainable level of extraction as assessed for the National Water Planning Report Card 2013 (unpublished data NWC 2014e) 140 Number of plans 120 100 80 60 40 20 0 Yes To some extent No Unable to assess Not applicable 40. Proportion of water plans with accountable environmental water management arrangements The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). The national water planning report card assessments undertaken in 2011 highlighted the need to improve coordination and accountability of environmental watering activities. Analysis undertaken for the National Water Planning Report Card 2013 showed a high proportion of recent water plans make provisions for environmental water. Most commonly, these provisions rely on planned environmental water (i.e. water that is reserved within each of those systems for environmental purposes and not available to be extracted), rather than on entitlements committed exclusively to meet environmental needs. Some plan areas, particularly those that have been identified as overallocated within the Murray– Darling Basin, have provisions for the holding and management of environmental water entitlements and have associated environmental watering plans. The latter usually apply to surface water resources and include explicit commitments about the delivery of environmental water depending on local needs an conditions at different times. Figure D33: Number of water plans assessed as containing accountable environmental watering arrangements for the National Water Planning Report Card 2013 (NWC 2014e) 100 Number of plans 80 60 40 20 0 Yes To some extent 2011 (157 plans) 412 Australia’s water blueprint: national reform assessment 2014 No Unable to assess 2013 (172 plans) Not applicable Sustainable levels of extraction for water sources are identified This outcome focuses on having sufficient information to be able to make appropriate decisions on sustainable management of water resources, including returning existing sources to sustainable levels of extraction. This includes long‑term water planning arrangements which both predict and prepare for likely future demand and supply scenarios. 41. Number of water systems with overallocation or overuse identified The information for evaluating progress against this performance indicator comes from the Commission’s Assessment of water stress in Australian catchments and aquifers (NWC 2012a). The NWI requires that overused systems be returned to sustainable levels of water use. However, it has been difficult to assess whether this NWI objective is being met because there is no nationally consistent method for identifying whether a system is presently overused. Further, overuse is relative to the sustainable level of extraction, the determination of which is a complex judgement, made at the level of the individual water resource or management area through a planning process which recognises environmental, social and economic values and objectives. In the absence of nationally agreed criteria, the Commission undertook an assessment of levels of stress in all river basins and groundwater management units in 2012 (NWC 2012a). The following water systems were listed as ‘Category D – most water stressed’ which are ‘likely high risk of overuse/ overallocation’. The following table also shows that the identified stress in all these Category D systems is being addressed through relevant water plans, or is expected to be addressed via the Basin plan SDLs and water resource plans which will come into effect in 2019. Table D19: List of Category D – most water stressed river basins and groundwater management units, and an assessment of whether the stress is addressed (NWC 2012a) Most water stressed river basins Categorisation River basin Darling River State NSW Category Confidence D Confident Relevant water plan WSP for the NSW Murray and Lower Darling Regulated Rivers Water Sources Addressed by MDB Plan or relevant water plan Yes – MDB Plan WSP for the Lower Murray–Darling Unregulated and Alluvial Water Sources Glenelg Vic D Likely Western Region Sustainable Water Strategy To some extent – Wimmera–Glenelg Bulk Entitlements relevant water plan Goulburn River Vic D Confident Northern Region Sustainable Water Strategy Yes – MDB Plan Loddon River Vic D Likely Northern Region Sustainable Water Strategy Yes – MDB Plan National Water Commission 413 Table D19: List of Category D – most water stressed river basins and groundwater management units, and an assessment of whether the stress is addressed (NWC 2012a) (continued) Most water stressed river basins Categorisation River basin State Lower Murray SA & River NSW Category Confidence D Confident Relevant water plan River Murray Prescribed Water Course Addressed by MDB Plan or relevant water plan Yes – MDB Plan Marne/Saunders Prescribed Water Resources Area WSP for the NSW Murray and Lower Darling Regulated Rivers Water Sources WSP for the Lower Murray–Darling Unregulated and Alluvial Water Sources Northern Region Sustainable Water Strategy Moorabool River Vic D Confident Murray– Riverina NSW D Likely Central Region Sustainable Water Strategy To some extent – relevant water plan WSP for the NSW Murray and Lower Darling Regulated Rivers Water Sources Yes – MDB Plan WSP for the Murray Unregulated and Alluvial Water Sources WSP for the Upper Billabong Water Source Northern Region Sustainable Water Strategy Murrumbidgee NSW D Confident River WSP for the Adelong Creek Water Source Yes – MDB Plan WSP for the Tarcutta Creek Water Source WSP for the Murrumbidgee Regulated River Water Source Snowy River NSW & Vic Yarra Vic D Confident Gippsland Region Sustainable Water Strategy To some extent – relevant water plan D Confident Diamond Creek Water Supply Protection Area To some extent – relevant water plans Streamflow Management Plan Hoddles Creek Water Supply Protection Area Streamflow Management Plan Plenty River Water Supply Protection Area Streamflow Management Plan Steels/Pauls/Dixons Protection Area Streamflow Management Plan Olinda Creek Water Supply Protection Area Streamflow Management Plan Stringybark Creek Water Supply Protection Area Streamflow Management Plan Central Region Sustainable Water Strategy 414 Australia’s water blueprint: national reform assessment 2014 Table D19: List of Category D – most water stressed river basins and groundwater management units, and an assessment of whether the stress is addressed (NWC 2012a) (continued) Most water stressed groundwater management units Groundwater management Categorisation Category Confidence D Subjective Relevant water plan Alice Springs Water Resource Strategy Addressed by MDB Plan or relevant water plan unit Alice Springs State NT Baroota SA D Estimated Plan under development Bell Valley Alluvium NSW D Estimated WSP for the Macquarie Bogan Unregulated and Alluvial Water Sources Belubula Valley Alluvium NSW D Likely WSP for the Lachlan Unregulated and Alluvial Water Sources Bundaberg Qld D Confident Burnett WRP/ROP To some extent – relevant water plan Callide Qld D Confident Fitzroy WRP/ROP To some extent – relevant water plan Castlereagh Alluvium NSW D Likely WSP for the Castlereagh River Unregulated and Alluvial Water Sources Yes – MDB Plan Collaburrugundry – Talbragar Valley NSW D Estimated WSP for the Macquarie Bogan Unregulated and Alluvial Water Sources Collie WA D Confident Upper Collie Water Allocation Plan To some extent – relevant water plan Deutgam Vic D Likely Central Region Sustainable Water Strategy To some extent – relevant water plan Gnangara Complex WA D Confident and subjective Gnangara Groundwater Areas Allocation Plan To some extent – relevant water plan Great Artesian Basin NSW D Confident WSP for the NSW Great Artesian Basin Groundwater Sources Yes – relevant water plans To some extent – relevant water plan Anticipated in forthcoming plan Yes – MDB Plan Yes – MDB Plan Yes – MDB Plan Also Great Artesian Basin Sustainability Initiative (GABSI) Great Artesian Basin (Clarence, Morton, Eastern Downs and Mulgildie management areas) Qld D Subjective Qld Great Artesian Basin Katunga Vic D Likely Katunga Water Supply Protection Area Groundwater Management Plan Yes – relevant water plan Yes – MDB Plan National Water Commission 415 Table D19: List of Category D – most water stressed river basins and groundwater management units, and an assessment of whether the stress is addressed (NWC 2012a) (continued) Most water stressed groundwater management units Groundwater management unit Lower Gwydir Alluvium Categorisation State NSW Category Confidence D Confident Relevant water plan Addressed by MDB Plan or relevant water plan WSP for the Lower Gwydir Yes – MDB Plan Groundwater Source Also Achieving Sustainable Groundwater Entitlements (ASGE) program NSW D Confident Lower Lachlan Alluvium (downstream of Lake Cargelligo) WSP for the Lower Lachlan Yes – MDB Plan Groundwater Source Also ASGE program SA D Confident Lower Limestone Coast Comaum‑Caroline prescribed Yes wells area Lacepede Kongorong prescribed wells area Prescribed Wells Area Naracoorte Ranges prescribed wells area NSW D Confident Lower Macquarie Alluvium (downstream WSP for the Lower Macquarie Yes – MDB Plan Groundwater Sources Also ASGE program of Narromine) NSW D Confident Lower Murray Alluvium (downstream of Corowa) Lower Murrumbidgee Alluvium (downstream of Narrandera) WSP for the Lower Murray Yes – MDB Plan Groundwater Source Also ASGE program NSW D Confident WSP for the Lower Murrumbidgee Yes – MDB Plan Groundwater Source Also ASGE program NSW D Confident Lower Namoi Alluvium WSP for the Upper and Lower Yes – MDB Plan Namoi Groundwater Sources Also ASGE program Mallee Prescribed WellsArea Mid Murrumbidgee Alluvium (upstream of Narrandera) Miscellaneous Alluvium of Barwon Region 416 SA D Confident Water Allocation Plan for the Yes – MDB Plan Mallee Prescribed Wells Area NSW D Likely WSP for Murrumbidgee Yes – MDB Plan Unregulated and Alluvial water sources NSW D Likely Australia’s water blueprint: national reform assessment 2014 Plan under development Yes – MDB Plan Table D19: List of Category D – most water stressed river basins and groundwater management units, and an assessment of whether the stress is addressed (NWC 2012a) (continued) Most water stressed groundwater management units Groundwater management unit Categorisation State Category Confidence Relevant water plan Addressed by MDB Plan or relevant water plan Murrayville Vic D Likely Murrayville Groundwater Supply Protection Area Management Plan Yes – MDB Plan Neuarpur Vic D Confident Neuarpur Groundwater Supply Protection Area Management Plan Yes – MDB Plan Northern Adelaide Plains Prescribed WellsArea SA D Confident Northern Adelaide Plains prescribed wells area To some extent – relevant water plan Padthaway Prescribed Wells Areas SA D Confident Padthaway prescribed wells area Yes – relevant water plan Pioneer Qld D Confident Pioneer Valley To some extent – relevant water plan Rosedale Vic D Likely West Gippsland To some extent – relevant water plan Stratford Vic D Subjective West Gippsland To some extent – relevant water plan Upper Condamine Alluvium Qld D Subjective Plan under development Yes – MDB Plan Upper Lachlan Alluvium (upstream of Lake Cargelligo) NSW D Likely WSP for the Lachlan Unregulated and Alluvial Water Sources Yes – MDB Plan Upper Macquarie Alluvium (upstream of Narromine) NSW D Confident WSP for the Macquarie Bogan Unregulated and Alluvial Water Sources Yes – MDB Plan Upper Namoi Alluvium NSW D Confident WSP for the Upper and Lower Namoi Groundwater Sources Yes – MDB Plan Also ASGE program Yarram Vic D Likely West Gippsland To some extent – relevant water plan Notes: ASGE – Achieving Sustainable Groundwater Entitlements ROP – resource operation plan SFMP – streamflow management plan WRP – water resource plan WSP – water sharing plan National Water Commission 417 42. Proportion of water plans that address overallocation or overuse The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards which examine how jurisdictional water plans manage both overallocation and overuse (e.g. NWC 2014e). Analysis for the water planning report card showed that a high proportion of the water plans address overuse and overallocation when it is identified, and provide pathways back to sustainable levels of extraction. Figure D34: Number of water plans assessed for the National Water Planning Report Card 2013 as having arrangements that address overallocation and overuse where it is identified (NWC 2014e) 140 Number of plans 120 100 80 60 40 20 0 Yes To some extent 2011 (157 plans) No Unable to assess Not applicable 2013 (172 plans) Environmental condition of water systems is maintained or improved Water management decisions are made to improve system environmental conditions This outcome relies on environmental values being integrated into water planning. For this to occur we would expect to see water planning that includes a practical understanding of the needs and current condition of the water system(s) and associated ecosystem services. 43. Proportion of water plans including environmental objectives The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). Most water plans contain environmental outcomes and there is increased recognition that plan outcomes need to be measurable. Progress is being made in many jurisdictions to develop better tools and techniques to monitor performance indicators and evaluate progress towards plan outcomes. There is some evidence that more measurable performance indicators, which are clearly linked to objectives, are being included in newer plans. 418 Australia’s water blueprint: national reform assessment 2014 Figure D35: Number of water plans that identify environmental outputs and outcomes that are measurable and that can be assessed within the plan’s timeframe (unpublished data NWC 2014e) 140 Number of plans 120 100 80 60 40 20 0 Yes To some extent No Unable to assess Not applicable 44. Volume of recycled water The information for evaluating progress against this performance indicator comes from the NPRs for urban water utilities (e.g. NWC 2014d). The total volume of recycled water supplied in Australia has increased substantially between 2005–06 and 2012–13. While volume of recycled water dropped after 2009–10 due to increased rainfall and flooding over this period, the total volume supplied is expected to increase as a result of additional recycled water projects that are underway in several jurisdictions. Table D20: Total volume of recycled water supplied to industrial and domestic users per year 2005–06 to 2012–13 (NWC 2014d) Year ML 2005–06 159,992 2006–07 196,336 2007–08 202,774 2008–09 221,517 2009–10 244,804 2010–11 186,105 2011–12 181,441 2012–13 212,150 National Water Commission 419 45. Proportion of water plans including an assessment of environmental water needs The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). Most jurisdictions have adopted a risk‑based approach to determine the level of investment made to quantify environmental water needs. Although most plans have some assessment of environmental values and water needs, the adequacy of this knowledge base is variable. In many cases environmental water needs are based on the hydro‑ecological assumption that mimicking the natural hydrological regime will protect water‑dependent ecosystems. Plans often commit to improving the knowledge base throughout the life of the plan; however, these commitments are not always met due to resourcing constraints. Environmental watering regimes in some recent plans have been based on research that quantifies the water requirements of critical components of water‑dependent ecosystems. Figure D36: Number of water plans assessed for the National Water Planning Report Card 2013 that quantify water needs of environmental assets in the plan area (unpublished data NWC 2014e) 100 Number of plans 80 60 40 20 0 Yes To some extent No Unable to assess Not applicable The quality of water released to the environment is not detrimental to its health This outcome focuses on ensuring that water that enters the environment from any source does not impose significant adverse impacts on overall environmental health and therefore on the communities that rely upon it. We would expect to see that water discharged into a waterway meets licence conditions and environmental risks are appropriately managed. 46. Sewerage discharge into waterways meets licensed conditions The information for evaluating progress against this performance indicator comes from the Commission’s NPRs for urban water utilities (e.g. NWC 2014d). Urbanisation places pressure on wastewater and stormwater systems and can increase pollutant loads entering waterways. While many factors contribute to urban waterway health, the urban water sector’s main impacts arise from sewage spills and the management of stormwater. Sewage spills pose public health and environmental risks. Utilities have generally improved their performance in managing discharges from sewage treatment facilities. In 2012–13, 23 utilities recorded an increase in the number of sewer overflows reported to the environmental regulator and 28 recorded a decrease. The overall median increased marginally. Different states and territories have different licensing arrangements and requirements for reporting to their environmental regulators. Therefore, this indicator is not directly comparable across jurisdictions. 420 Australia’s water blueprint: national reform assessment 2014 Table D21: Sewer main breaks and chokes (no. per 100km sewer main) (NWC 2014d) Size group 100 000+ connected properties 50 000 to 100 000 connected properties 20 000 to 50 000 connected properties 10 000 to 20 000 Number of utilities with increase / decrease from 2011–12 Range High Low 57 12 SA Water (Adelaide) Logan 54 3 Coliban Water % change in the median from 2011–12 Median Increase Decrease 2011–12 2012–13 4 5 25 25 –1% 4 7 18 16 –10% 10 5 12 16 30% 10 11 20 21 6% 28 48 20 19 –2% Townsville 88 2 Wagga Wagga (S) Tweed 128 5 connected properties Essential Energy All size groups 128 Westernport Water 2 Tweed Essential Energy The combination of higher treatment standards and recycling targets has also led to improvements in the quality of discharged wastewater. In collaboration with communities, catchment managers and local governments, utilities are increasingly using recycling of stormwater and wastewater as an alternative to traditional asset management and pollution prevention approaches. Change in environmental conditions is reported This outcome focuses on ensuring that there is sufficient information to determine whether the desired changes have occurred. The ‘best‑available information’ enabler is critical to its achievement. 47. Proportion of water plans where monitoring, evaluation and reporting on progress towards environmental outcomes has been undertaken The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). There is evidence that jurisdictions are undertaking hydrological monitoring (including streamflow and groundwater level monitoring). There is less evidence that ecological monitoring is being undertaken, with many plans relying on streamflow or water level monitoring to measure progress towards meeting environmental outcomes. Monitoring is not always aligned to high‑level environmental outcomes and does not feed effectively into reporting and evaluation of plan performance. National Water Commission 421 Figure D37: Number of water plans assessed for the National Water Planning Report Card 2013 that include detailed monitoring plans and have evidence of environmental monitoring being undertaken (unpublished data NWC 2014e) 140 Number of plans 120 100 80 60 40 20 0 Yes To some extent No Unable to assess Not applicable 48. Proportion of water plans where monitoring, evaluation and reporting demonstrates progress towards environmental objectives has been achieved The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). There has been an increase in the availability of monitoring data and of evidence that jurisdictions are implementing plan management arrangements and actions; however, there is limited evidence that environmental outcomes have been achieved. In some plans, detailed assessment of progress towards environmental objectives is not undertaken until plan review (i.e. after five or 10 years of implementation). Figure D38: Number of water plans assessed for the National Water Planning Report Card 2013 that demonstrate evidence of achievement of environmental outcomes (unpublished data NWC 2014e) 140 Number of plans 120 100 80 60 40 20 0 Yes To some extent No Unable to assess Not applicable Note: The high number of ‘not applicable’ assessments reflects the fact that several plans have only recently been finalised and so it is too early to report on outcome achievement. 422 Australia’s water blueprint: national reform assessment 2014 Water supports people and communities This section of Appendix D summarises the findings for each performance indicator under the broad outcome of Water supports people and communities and provides a snapshot of the data used for the assessment. Major sources of information to support the analyses and interpretation are the Regional Wellbeing Survey, Marsden Jacob’s social impact analysis report, and Frontier Economics’ urban water review. Data have also been drawn from the Commission’s environmental water management reports, urban NPRs and national water planning report cards (e.g. NWC 2011c; 2013a; 2014a,c,d,e). Water supports community wellbeing Communities provide input on their priorities and goals The biennial assessment 2011 identified minimum and desired mechanisms for incorporating community and individual views into water planning arrangements and plan implementation. These include: gathering information on the values that communities and individuals place on water resources gathering information on (perceived community) impacts of proposed management changes allowing communities to provide input into decision‑making, such as via advisory committees, public information meetings, conducting targeted consultations reflecting community values within plans through plan social objectives communities should be able to participate in water management decisions so they reflect community needs and aspirations (this will ensure water is provided to match community priorities, within the boundaries set by planning and availability). 49. Proportion of water plans developed through an adequate consultation process A review of water plans (or planning arrangements) in the National Water Planning Report Card 2013 showed that a high proportion (77 per cent of those water planning arrangements assessed nationally) were developed through an adequate stakeholder engagement process. To be deemed adequate there needed to be evidence of stakeholder consultation being undertaken during plan development and of stakeholders’ input being considered. Figure D39: Number of water plans assessed for the National Water Planning Report Card 2013 as having adequate stakeholder engagement processes (NWC 2014e) 160 Number of plans 140 120 100 80 60 40 20 0 Yes To some extent 2011 (157 plans) No Unable to assess Not applicable 2013 (172 plans) National Water Commission 423 The following provides a summary of jurisdictional stakeholder engagement processes taken from the National Water Planning Report Card 2013: New South Wales: Early water sharing plans used local water management committees to develop draft plans and this process generally resulted in extensive community consultation. More recent ‘macro’ water sharing plans have been developed by an Interagency Regional Panel and engagement is supported by online documentation, targeted consultation, community meetings to disseminate information, and public exhibition of draft water sharing rules. The recent 10‑year review process undertaken by the Natural Resources Commission and NSW Office of Water included a transparent public submissions process to gather feedback on plan performance. Queensland: Stakeholder consultation processes are outlined in the Water Act 2000 (Qld) for Water Resource Plans (WRP) and Resource Operation Plans (ROP). These processes include the identification of stakeholders and steps to involve them at key stages of the planning process. A consultation report, prepared once a WRP or ROP has been finalised, provides public feedback on the issues raised and decisions taken. Consultation reports are retained on the Department of Natural Resources and Mines website for a limited period and then removed. Recent changes to the Act have enabled concurrent development of WRPs and ROPs, potentially increasing the effectiveness of the consultation process. However, other changes have removed the requirement to form community advisory committees and streamlined the replacement of WRPs in cases where the replacement plan does not differ significantly from the original plan or arrangements applying in other areas of Queensland. Public release of a draft replacement plan, followed by a submissions process, is still required in all cases. South Australia: Water allocation plans are developed through a comprehensive program of stakeholder consultation and engagement. Engagement continues from plan pre‑development through to plan finalisation and review, usually beyond the requirements of the Natural Resources Management Act 2004 (SA). Stakeholder views are typically responded to and the trade‑offs made between competing demands are embedded in water allocation plan provisions, although these are not routinely transparently explained. Engagement with Indigenous groups to determine Indigenous values is an emerging area. Tasmania: Planning processes exhibit very effective stakeholder engagement strategies. This comprises a number of formal and informal activities, including the formation of a consultative group, which provides opportunities for all stakeholders to contribute to plan development. Key Indigenous groups have been consulted in the development of newer plans and the public submission process is open and transparent. Positive stakeholder relations have underpinned some user‑driven initiatives in the planning process. Victoria: The strategic frameworks for allocation and waterway health decisions are underpinned by extensive engagement processes. There has been considerable stakeholder engagement in the development and implementation of sustainable water strategies, waterway strategies and management plans. Stakeholders are provided with opportunities to engage, either through representative committees or public forums, and information is readily provided. Bulk entitlements were developed using local community and interagency engagement. Western Australia: Stakeholder engagement in water planning is outlined in policy and undertaken through a variety of formats (including press releases, statements of intent, method reports, newsletters, the public release of draft plans) and approaches (such as committees, public forums and targeted consultation). Draft plans are released for a two‑ to three‑month public comment period and formal submissions are invited. All submissions and responses are summarised in a statement of response. For some water allocation plans information is available in several languages and formats in an attempt to engage specific stakeholders. A considered element of water allocation plans is targeted engagement of the Indigenous community. 424 Australia’s water blueprint: national reform assessment 2014 Northern Territory: While the Water Act 1992 (NT) provides for the formation of water advisory committees, there is no legal requirement for consultation in preparing plans. To date the development of draft water allocation plans (except for the Great Artesian Basin) has involved substantial input from community‑based water advisory committees. These committees have included Indigenous and other relevant stakeholders. Following the release of draft plans, further community input has been sought through community meetings and submissions processes. However it is unclear whether further consultation will be undertaken on the draft Alice Springs, Oolloo and Mataranka plans. Australian Capital Territory: Stakeholder engagement has occurred during all key stages of plan development (e.g. pre‑plan consultation, public submissions on draft, feedback on trade‑off decisions). Provisions of the Environmental Flow Guidelines also facilitate ongoing stakeholder input and engagement occurs on other issues on an ad hoc basis (e.g. enlargement of Cotter Dam). Stakeholder engagement was undertaken as part of the review of Think water, act water. In preparing for Basin plan implementation, a strategy for Indigenous engagement is being developed. 50. Community satisfaction with how rural water planning incorporates community views This performance indicator has been developed using information from the Regional Wellbeing Survey (Schirmer 2014, MDBA Futures 2014) and the workshops held by the Commission to inform this report. This indicator examines whether members of rural communities feel that: (i) they can access information (ii) they can communicate their views (iii) their views will be listened to in discussions about water policy and reform. The measurement of this indicator is limited by its focus on participation in discussions about the Basin plan; many other water reform and policy discussions occur at multiple scales in rural and regional communities, and a broader indicator should ideally be used in future to measure levels of engagement in discussion about water‑related issues. Confidence in ability to access information A majority of people who felt the Basin plan would result in change for their household or community, or who had views about the plan (referred to from this point as people with an ‘interest in the plan’), felt able to access information about it. Confidence in ability was lower for dryland farmers compared with irrigators and non‑farmers. Many more dryland farmers indicated they didn’t know if they could access information compared with other groups, suggesting dryland farmers with an interest in the plan are less likely than others to have sought information on it. National Water Commission 425 Figure D40: Confidence in ability to access information about the Basin Plan reported by people with an interest in the plan (Schirmer 2014) 100 % respondents 80 60 40 20 0 Irrigators (n=724) Dryland farmers (n=1010) Don't know Neither agree or disagree Non-farmers (n=3003) All respondents (n=4737) Agree that it is easy to access information Disagree that it is easy to access information Confidence in ability to have views about water policy and reform heard by decision‑makers This indicator examines whether people with an interest in the Basin plan feel confident that their views will be listened to by decision‑makers if they choose to share them. Responses to this question are complex to interpret. In particular, it is difficult to identify whether responses reflect specific levels of trust in water reform decision‑makers or more general levels of trust in all decision‑makers. To assist in understanding this, results are compared for a similar question asking about coal seam gas and local decision‑making processes, rather than the Basin plan. A majority of survey respondents with an interest in the Basin plan (58 per cent) disagreed that their views about the plan would be listened to if they shared them. This compared to 65 per cent of people with an interest in coal seam gas, and 38 per cent of people asked if they could influence local decision‑making. These results suggest that there is an overall lack of trust in decision‑makers, and that there is greater trust at more localised scales. When compared with surveys that measure the level of trust people have generally in government, the results are somewhat comparable. For example, in Australia in 2013, the Edelman trust barometer survey (which sampled 1200 people across Australia asking if they trusted government to ‘do what is right’) found that only 43 per cent of Australians trusted government. Thus the indicator results are likely to be a consequence of (i) generalised distrust of government beyond the local scale, irrespective of issue, as well as (ii) possibly some influence specifically related to water reform, with the extent of this influence unable to be determined. When data were examined by Basin region, state, and group, the only significant differences identified were that (i) those living outside the Basin, and (ii) dryland farmers (irrespective of their location) were more likely to report ‘don’t know’ when asked if their views would be listened to be decision‑makers. At state level, 21 per cent of irrigators living in South Australia believe their views would be listened to, compared with 12 per cent of all irrigators with an interest in the Basin plan; other than this, no large differences were identified. 426 Australia’s water blueprint: national reform assessment 2014 Figure D41: Confidence that views will be listened to by decision‑makers for the Basin Plan, coal seam gas, and local decision‑making (Schirmer 2014) 100 % respondents 80 60 40 20 0 Views about Basin Plan will be listened to (n=4719) Don't know Neither agree or disagree Views about CSG will be listened to (n=1272) Able to inluence local decision making (n=8494) Agree that views about this issue will be listened to by decision makers Disagree that views about this issue will be listened to by decision makers Commission workshops The Commission held workshops in New South Wales, Queensland, Victoria and Western Australia in 2013 to discuss and inform the 2014 triennial assessment. In particular, participants were asked to voice their views on: To what extent have community views been incorporated into water plans? To what extent have community views been incorporated into urban water priorities? Have water reforms contributed positively towards social wellbeing? Workshop participant comments on these questions have been drawn together below to illustrate a mixed response to whether communities are satisfied with the how their views are incorporated into water planning and implementation processes. New South Wales participants commented on the engagement during the development of the Basin plan. The community felt the level of engagement during plan development had improved over time, but had diminished since the plan commenced. The second iteration of the Basin plan process was better than the first and started the process of rebuilding trust. However, some in the community were doubtful that they influenced the plan’s development and felt the NSW water sharing plan development processes were far better than the Basin plan process. Others felt the Basin plan process was rushed, even though it took five years to get a Basin plan in place. Queensland participants felt that engagement in South East Queensland was more about effecting behavioural change, and had been successful in driving down per capita water use. Participants felt that water planning processes had dragged on in some areas with the development of ROPs lagging due to insufficient resources. Western Australia workshop participants felt that in the past there had been a lack of transparency in decision‑making processes and this was a significant barrier, however recent changes had improved transparency. Water advisory groups are helping to get the community involved, but participants commented that community involvement once the plan had been activated reduced considerably. Workshop participants commented that the use of a stakeholder reference group in the current reform process had been positive. National Water Commission 427 51. Proportion of water plans including robust social assessment of likely impacts on the local and broader communities The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). Fifty‑eight per cent of water plans (or water planning arrangements) assessed via the report cards had been developed using assessments of the community values and attitudes to water in the plan area. Forty per cent of plans were evaluated as having assessed community values and attitudes to water in the plan area to some extent. Figure D42: Number of water plans that include an assessment of community values and attitudes to water in the plan area (unpublished data NWC 2014e) 120 Number of plans 100 80 60 40 20 0 Yes To some extent No Unable to assess Not applicable 52. Proportion of water plans including social objectives The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). Thirty per cent of water planning arrangements assessed via the report cards included measurable social outcomes and outputs that could be assessed within the plan’s timeframe. However a large proportion of plans (66 per cent) were found to have social outcomes that were measurable only ‘to some extent’. Generally, consumptive uses such as town water supply quantity and quality were well specified, while non‑consumptive uses such as recreational fishing were described in broad terms only. Figure D43: Number of water plans assessed for the National Water Planning Report Card 2013 that include measurable social outcomes and outputs (unpublished data NWC 2014e) 160 Number of plans 140 120 100 80 60 40 20 0 Yes 428 To some extent Australia’s water blueprint: national reform assessment 2014 No Unable to assess Not applicable Water is provided to meet community priorities where possible To understand whether water is being provided to meet community priorities (where possible) we investigated the following: proportion of water planning arrangements that achieve the stated social outcomes water reform contribution to social wellbeing evaluation of changes in community wellbeing, structural change and community measures. 53. Proportion of water plans that achieve the stated social outcomes The information for evaluating progress against this performance indicator comes from the assessments of water plans in each jurisdiction for the series of national water planning report cards (e.g. NWC 2014e). Of those plans assessed, only 10 per cent had demonstrated achievement of their stated social outcomes, taking into account the reporting period for the plan. In addition, only 14 per cent of plans were assessed as having their social outcomes adequately monitored with the majority assessed as only being monitored ‘to some extent’. Figure D44: Number of water plans assessed for the National Water Planning Report Card 2013 that demonstrated achievement of social outcomes (unpublished data NWC 2014e) 120 Number of plans 100 80 60 40 20 0 Yes To some extent No Unable to assess Not applicable Figure D45: Number of water plans assessed for the National Water Planning Report Card 2013 as having adequate monitoring for social outcomes (unpublished data NWC 2014e) 140 Number of plans 120 100 80 60 40 20 0 Yes To some extent No Unable to assess Not applicable National Water Commission 429 54. Water reform contribution towards social wellbeing Two sources of evidence were used to report against this performance indicator. The first relates to an indicator from the Regional Wellbeing Survey that examines whether residents of communities exposed to differing levels of water reform in recent years report differing levels of individual and community wellbeing (Schirmer 2014). The second source of information comes from Commission workshops used to inform the Triennial Assessment. Wellbeing of communities exposed to differing levels of water reform This indicator was measured by examining whether individual wellbeing and community wellbeing differ depending on the exposure of a community to water reform. Exposure to water reform is made up of two elements: the overall dependence of a community on irrigation (higher dependence increases the potential effect of any water reform on the entire community), and the extent to which various actions forming part of water reform have occurred in that community in recent years. The measure ultimately chosen was one based on expert assessment of extent of exposure to water reform in recent years, including exposure to changes in water trading regulation, water recovery, and investment in infrastructure upgrade. In general, communities located in the southern Basin had greater exposure to these reforms in recent years, those in the northern Basin moderate exposure, and those outside the Basin low exposure. However, in South Australia exposure to water reform processes was considered lower in recent years compared with other parts of the southern Basin. Individual wellbeing was measured based on the level of satisfaction a person had in multiple dimensions of their life, as measured by the Life Satisfaction Index described in Schirmer and Berry (2014). Community wellbeing was measured using the process described in the indicator ‘Confidence in future of rural communities and in water supply’. Figure D46: Average individual and community wellbeing reported by residents living in communities with high, medium and low exposure to water reform in recent years (Schirmer 2014) 7 Average Life Satisfaction (measured /100) 70 69 69 6 69 60 50 5.0 5.0 4.9 4 40 3 30 2 20 1 10 0 0 Average for all communities with high exposure to water reform Average for all communities with medium exposure to water reform Average individual wellbeing – Life Satisfaction Index 430 5 Australia’s water blueprint: national reform assessment 2014 Average for all communities with low exposure to water reform Average community wellbeing Average wellbeing (measured /7) 80 No correlation was identified between the extent of water reform a community experienced in recent years, and either the (i) wellbeing of individuals who responded to the survey in that community, or (ii) the assessment individuals made of the overall wellbeing and future of their community. This finding does not mean that water reform has no effect on the wellbeing of individuals or communities. Instead, it means that the effects of water reform are not readily observed at an aggregate level, as any effect is obscured by the influence of the multiple other factors that influence the wellbeing of individuals and communities. More nuanced indicators are needed to be able to observe the extent of any effect water reform does have on individual and community wellbeing. Commission workshops The Commission held workshops in New South Wales, Queensland, Victoria and Western Australia in 2013 to discuss and inform the 2014 triennial assessment. In particular, participants were asked to voice their views on whether water reforms contributed positively towards social wellbeing, particularly in relation to: water for the environment trading of water rights separation of water entitlements from land investment confidence. New South Wales workshop participants felt in relation to NWI water reform and social benefits that some communities had fared better than others. For example, social costs and environmental benefits may not be aligned geographically; that is, one particular community loses water to achieve an environmental outcome downstream. Some pointed to water trade as a water reform action with the biggest impact on social wellbeing. Some participants felt it had divided communities where others felt it was well accepted within communities. Others felt it was hard to differentiate between the impacts of water reform in general from the impact of drought followed by good rain. Many felt that reforms had helped resolve overallocation issues. Participants felt urban water reform benefits to a community were hard to identify. Participants felt the community was very concerned for its wellbeing. They noted that in some towns, shops and services were closing and populations were declining. In terms of community cohesion, water trading had tended to divide communities while battling the Basin plan had brought people together. They felt that community leadership was an important determinant of social outcomes and this was why some communities had fared better than others. Queensland workshop participants felt water reform had prevented problems from occurring and therefore it was hard for people to appreciate the benefits of reforms without the counterfactual. They noted that water trading had helped resolve the issues around how much water to allocate to agriculture and how much to mining. Trading within sectors is now well accepted, however trading between sectors is more contentious. Many noted that separation of water entitlements from land had not happened in all areas. Where it had, entitlements had enabled a clear description of the water asset. Participants agreed that water reforms had also helped resolve overallocation issues in the Balonne, where transparency of the planning process has been evident. There was support for Cape York water resource planning and many commented that it would be interesting to see if NWI principles would apply in the new Cape York arrangements. Participants felt the key issue in northern Australia is that ‘water planning isn’t broken, but it’s important not to repeat the mistakes of the south’. They felt it was hard to identify an urban benefit from water reform. Focus in north Queensland is more on water quality. Western Australian participants had not had the benefit of the full suite of reforms yet. They noted that allocation plans had provided a good basis for economic development and there was limited trading to date (about 100 trades over the last four to five years). National Water Commission 431 Community acceptance of different water policy measures This indicator measured how acceptable communities find the different policy measures used to achieve water reform/policy objectives. It specifically examines how acceptable or unacceptable the following policies are: reducing the total amount of water that farmers can take out of rivers for irrigation investing in projects that reduce water use in rural communities, e.g. water saving technologies making it easier for irrigators to trade water using water for environmental watering governments purchasing water from farmers. While many of these actions are related, they were considered separately as they represent different methods used to achieve water reform objectives. This indicator helps identify the extent to which water reform and policy is likely to influence community wellbeing, or to result in community division. Policies considered highly unacceptable may have a negative influence on community wellbeing, and those about which there is a diversity of views may have potential to trigger community division. There are clear differences in views about the acceptability of different actions used by governments and other stakeholders as part of water reform processes. For most, the acceptability of the action differs for irrigators, dryland farmers, and non‑farmers. The action that is most uniformly considered acceptable is improving water use efficiency. The next most acceptable reform action was making water trade easier, followed by environmental watering. But there was large variation in the views of different groups: 60 per cent of non‑farmers found environmental watering acceptable, compared with 36 per cent of dryland farmers and 28 per cent of irrigators. Government purchasing water from irrigators was considered less acceptable by most, with one third or less of each group reporting it as acceptable. Reducing the volume of irrigation water available to irrigators was least acceptable to irrigators, while some non‑farmers and dryland farmers found it acceptable. 432 Australia’s water blueprint: national reform assessment 2014 Figure D47: Proportion of non‑farmers, dryland farmers, and irrigators who found different actions associated with water reform acceptable and unacceptable (Schirmer 2014) 100 90 80 % respondents 70 60 50 40 30 20 10 0 Reducing Reducing Reducing irrigation water irrigation irrigation water – non-farmers water – dryland – irrigators (n=2590) farmers (n=418) (n=252) Improving water use eficiency – non-farmers (n=2592) Improving water use eficiency – dryland farmers (n=416) Don't know Improving water use eficiency – irrigators (n=252) Making water trade easier – non-farmers (n=2588) Making water trade easier – dryland farmers (n=410) Neither acceptable or unacceptable Making water trade easier – irrigators (n=249) Environmental Environmental Environmental watering – watering – watering – non-farmers dryland farmers irrigators (n=2581) (n=414) (n=252) Acceptable Unacceptable Government purchasing water – nonfarmers (n=2582) Government purchasing water – dryland farmers (n=414) Government purchasing water – irrigators (n=249) National Water Commission 407 Views varied considerably by region. Key findings from the analysis by region are that: Reducing water availability for irrigation was considered most acceptable by people living outside the Basin, and in South Australia; and least acceptable by residents of the northern Basin. Increasing water use efficiency was considered almost uniformly acceptable across all regions. Making water trade easier was considered most acceptable in the southern Basin (and particularly in South Australia and Victoria), and least acceptable outside the Basin. This suggests that those who have greater experience of and opportunity for water trade are more likely to find it acceptable compared with those with less experience or opportunity. Environmental watering was considered more acceptable by those living outside the Basin than those living within it. Within the Basin, environmental watering was considered more acceptable by those living in the southern Basin than the northern Basin; this likely reflects the views largely of those southern Basin residents living in South Australia and Victoria, who were more accepting of environmental watering than those living in New South Wales. Governments purchasing water from irrigators was considered more acceptable by non‑farmers and irrigators living in South Australia and Victoria compared with those living in New South Wales, while dryland farmers in most regions except New South Wales found this action less acceptable than other groups. Figure D48: Proportion of respondents who believed it was acceptable to reduce the total amount of water that farmers can take out of rivers for irrigation, by location within and outside the Basin, and by state (Schirmer 2014) 60 % respondents 50 40 30 20 10 0 Northern Basin (n= 66, 139, 525) Southern Basin (n= 138, 115, 1331) Outside All Basin respondents (n= 48, 161, (n= 252, 728) 418, 2590) Irrigators NSW (n= 118, 160, 1262) Dryland farmers QLD (n= 33, 68, 222) SA (n= 44, 28, 308) VIC (n= 51, 116, 495) WA (n= 4, 44, 251) Non-farmers Note: Region, and number of respondents from region who were (i) irrigators, (ii) dryland farmers, and (iii) nonfarmers indicated by numbers following 'n='. No data are shown for groups where there were <40 respondents. 434 Australia’s water blueprint: national reform assessment 2014 Figure D49: Proportion of respondents who believed it was acceptable to invest in projects that reduce water use in rural communities such as water saving technologies, by location within and outside the Basin, and by state (Schirmer 2014) 100 % respondents 80 60 40 20 0 Northern Basin (n= 66, 138, 525) Southern Basin (n= 138, 115, 1332) Outside All respondents NSW Basin (n= 252, (n= 118, (n= 48, 416, 2592) 159, 1264) 160, 729) Irrigators Dryland farmers QLD (n= 33, 68, 221) SA (n= 44, 28, 309) VIC (n= 51, 115, 494) WA (n= 4, 44, 252) Non-farmers Note: No data are shown for groups where there were <40 respondents. Figure D50: Proportion of respondents who believed it was acceptable to make it easier for irrigators to trade water, by location within and outside the Basin, and by state (Schirmer 2014) 80 70 % respondents 60 50 40 30 20 10 0 Northern Basin (n= 65, 135, 524) Southern Basin (n= 137, 116, 1331) Outside All respondents NSW Basin (n= 249, (n= 115, (n= 47, 410, 2588) 158, 1261) 156, 728) Irrigators Dryland farmers QLD (n= 33, 64, 222) SA (n= 43, 28, 308) VIC (n= 52, 115, 494) WA (n= 4, 43, 252) Non-farmers Note: No data are shown for groups where there were <40 respondents. National Water Commission 435 Figure D51: Proportion of respondents who believed it was acceptable to use water for environmental watering, by location within and outside the Basin, and by state (Schirmer 2014) 70 % respondents 60 50 40 30 20 10 0 Northern Basin (n= 65, 137, 524) Southern Basin (n= 139, 117, 1325) Outside All respondents NSW Basin (n= 252, (n= 117, (n= 48, 414, 2581) 160, 1260) 157, 726) Irrigators Dryland farmers QLD (n= 33, 66, 221) SA (n= 44, 27, 306) VIC (n= 52, 115, 492) WA (n= 4, 44, 250) Non-farmers Note: No data are shown for groups where there were <40 respondents. Figure D52: Proportion of respondents who believed it was acceptable for governments to purchase water from farmers, by location within and outside the Basin, and by state (Schirmer 2014) 60 % respondents 50 40 30 20 10 0 Northern Basin (n= 65, 137, 522) Southern Basin (n= 136, 116, 1327) Outside All respondents NSW Basin (n= 249, (n= 117, (n= 48, 414, 2582) 159, 1262) 158, 727) Irrigators Dryland farmers Note: No data are shown for groups where there were <40 respondents. 436 Australia’s water blueprint: national reform assessment 2014 QLD (n= 33, 66, 219) SA (n= 42, 27, 304) Non-farmers VIC (n= 51, 116, 495) WA (n= 4, 44, 251) 55. Evaluation of changes in community wellbeing, structural change, and community measures The Commission engaged Marsden Jacob Associates to analyse the social impact of the NWI (Marsden Jacob and Associates 2013). For the analysis 20 case study communities were selected based on how affected the communities have been by national water reform, measured by how long key water reform instruments were implemented in those regions. Using this approach, it is expected that greater change would be observed in communities that are more water dependent, and where water reforms have been implemented. This approach has been used by ABARES and the MDBA as one way to investigate how Basin communities may be impacted by Basin plan water reforms, and the community resources they have to adapt to these water reforms (Stenekes, Reeve, Kancans, Stayner, Randall, & Lawson, 2012). The Commission has also used this approach previously to understand how water trading in the southern Basin has contributed to community‑level social and economic impacts. These 20 ‘water reform impacted’ communities were compared with non‑metropolitan communities across each State and the Northern Territory using three population bands: <10,000; 10–20,000, and >20,000 persons. The comparator communities are, in aggregate by population band and jurisdiction, considered to have been relatively less impacted by water reforms than the case study communities. The comparisons showed no clearly discernible differences on available measures of community socio‑economic performance. The results show that, during the past decade, most of the 20 case study communities have: maintained or grown their populations maintained diverse economies that are showing stability over time maintained rates of unemployment and underemployment reported high levels of self‑scored life and community satisfaction. While the socio‑economic condition of 16 of the 20 communities had declined marginally over time based on measures of socio‑economic advantage and disadvantage, the evaluation suggests these declines cannot be directly attributed to water reforms, and are more likely caused by regional factors and patterns of regional to urban migration. There is no strong relationship between the incidence of water reform and performance on a range of socio‑economic measures. Communities with water reforms have comparable performance to state comparison communities of similar population sizes on measures like population change, socio‑economic condition, structural change and personal wellbeing measures, and show similar trends of change over time. Where communities are changing in ways that are different to state trends, these movements are more likely to be caused by non‑water reform factors, such as the mining boom, regional economic and social conditions, and regional to urban migration. Water reform and water dependency do not seem to play a significant role at the regional level. Water resources provide for Indigenous requirements Indigenous Australians have unique and permanent ties to rivers and water resources across Australia for cultural, social and economic purposes. The need to better understand the interests and rights of Indigenous people to access and manage water resources is a requirement to which all jurisdictions subscribe through their commitment to the NWI. To track national progress of Indigenous involvement in water planning, the Commission explored three performance indicators to understand jurisdictional progress in implementing the NWI provisions relating to Indigenous requirements for water. The Commission’s Review of Indigenous involvement in water planning 2013 (NWC 2014f) investigated the extent of Indigenous water allocation and access in water plans and the National Water Commission 437 following provides a summary of findings against the three areas explored. Information was also drawn from a number of other reports including the National Water Planning Report Card 2013, Indigenous access position statement and Environmental Water Management Review 2014 (e.g. NWC 2012c; 2014a,e). 56. Water access provisions of jurisdictional water planning arrangements Australian Capital Territory: There are no mechanisms to allocate water specifically to Indigenous purposes. Murray–Darling Basin: In accordance with the Basin plan, water resource plans in the Basin states need to identify Indigenous cultural objectives and outcomes based on Indigenous values and uses in relation to managing water. Plans need to also be prepared having regard to the views of Indigenous people with respect to cultural flows. Further, water resource plans must consider native title rights and claims, Indigenous Land Use Agreements, Indigenous heritage, and risks to the protection of Indigenous values and uses arising from the use and management of water. Indigenous representation in the preparation and implementation of plans is also required. New South Wales: In general New South Wales has fully allocated systems which provide challenges for Indigenous communities to gain access to water. Most water plans have allocation for Indigenous people and need to provide water for native title where a positive determination prescribes it. In 2012 New South Wales established an Aboriginal water unit, which is a positive step to assist in meeting the objects of the Water Management Act 2000 (NSW). Two types of Indigenous Specific Purpose licences are available under the Water Management Act: cultural access licences and community development licences. Cultural access licences, active for the life of the cultural purpose, are capped at 10 ML per year per application and cannot be traded. There are two cultural access licences in New South Wales, one for the Dorrigo Plateau and one for the Murrumbidgee. The full allocation under the Murrumbidgee licence is 2150 ML and has been used to water a culturally significant wetland managed by the Nari Nari Tribal Council. Community development licences are also available under water sharing plans in order to support the commercial enterprises owned by Indigenous people (e.g. Dorrigo Water Sharing Plan). The commercial licences come with restrictions, including being non‑tradeable and pumping restrictions depending on flows. A community development licence has been granted to the Stuarts Point community near Kempsey for a native flower business but is currently inactive. The Barwon‑Darling Unregulated and Alluvial Water Sources Water Sharing Plan also allows supplementary (Aboriginal environmental) water access licences to be granted. These access licences allow Indigenous persons and communities to extract water to fill lagoons and billabongs to improve or restore their cultural and environmental value. Supplementary (Aboriginal environmental) access licences can be granted up to a total volume of 500 ML per year across the water source. Northern Territory: The desired outcome for Indigenous people generally is for an identified allocation of water to a Strategic Indigenous Reserve (SIR) for economic purposes in all water plans. The SIR is defined as a perpetual, exclusive and inalienable right to a share of water available for consumption in surface and groundwater systems. These water rights would be specifically set aside for activities that contribute to Indigenous prosperity and be held and managed by traditional owners across northern Australia. In relation to water for Indigenous economic development, the Tindall Limestone Aquifer Water Allocation Plan in Katherine provides for an SIR contingent on successful native title determination. The plan states that if native title is recognised within five years of the plan, the Controller must amend it to account for a volume of water for Indigenous commercial development. Other than the Tindall Plan, water is not ‘reserved’ in the Northern Territory. The Tindall Limestone Aquifer (Katherine) plan is due for review in 2014 and it is unclear whether the SIR provisions will remain, given the Northern Territory Government’s announcement that SIRs will no longer be included in its water plans. 438 Australia’s water blueprint: national reform assessment 2014 The Northern Australian Indigenous Land and Sea Management Alliance and the Northern Land Council have most recently been working with Mataranka traditional owners to discuss the potential opportunity for an Indigenous allocation of water for commercial purposes within the Mataranka Water Allocation Plan. The Mataranka Traditional Owners Water Allocation Plan Reference Group had hoped to secure a guaranteed proportion of local water for future economic development. Traditional owners have also been involved in lobbying for a percentage of the water allocation for the Oolloo Aquifer to be used for water trading and future economic development. Queensland: In Queensland, an Indigenous reserve provides communities with access to water for economic or social benefit. For example, the recently commenced Water Resource (Wet Tropics) Plan 2013 provides Indigenous reserves to make water available to Indigenous communities in the plan area to achieve their economic and social aspirations. In addition, Indigenous water reserves to meet economic and social needs are identified in the following water resource plans: Water Resource (Cooper Creek) Plan 2011 (200 ML per year), Water Resource (Gulf) Plan 2007 (5050 ML per year), Water Resources (Mitchell) Plan 2007 (5000 ML per year), Water Resource (Fitzroy) Plan 2011 (15,000 ML per year). Overall it appears the amount of water allocated is small and it is unclear whether these amounts will be sufficient to meet economic and social needs. South Australia: The main sources of state NRM boards’ funding are from the South Australian Government, the Australian Government and income from state levies. An example of Australian Government funding assistance relates to a grant from the Caring for our Country scheme, which has enabled the Alinytjara Wilurara NRM Board to invest in community engagement projects, although the scope of the projects has covered wider issues than just water. However, funding sources to assist Indigenous people to participate in water planning in South Australia are variable. As an illustration, the South East NRM Board had previously funded a Caring for our Country scheme to support the activities of the South East Aboriginal Focus Group in further discussing cultural water needs with the community, in particular reaching a consensus that could inform water policy and future implementation. However, in the 2013–14 business plan the board noted uncertainty about the future funding from this source and that a portion of the project would be funded from internal sources unless external funds could be accessed. Tasmania: There are no legislative mechanisms to allocate water specifically to Indigenous purposes. At present, none of the water management plans or draft plans contain Indigenous‑specific aspirations. Victoria: There are currently no Indigenous water allocations in Victoria. Water access has been provided primarily through the native title process. Most recently, the Traditional Owner Settlement Act 2010 provides for an out‑of‑court settlement of native title and delivery of land justice and may allow for members of a traditional owner group with a natural resource agreement under the Act to take and use water from a waterway or bore for traditional (non‑commercial) purposes. For example, the first comprehensive settlement negotiated under the Act gives the Dja Dja Wurrung the right to take and use water from a waterway or bore where the Dja Dja Wurrung member has access to a waterway or bore according to the private domestic and stock water rights set in the Victorian Water Act or to take and use water, for traditional purposes, from a waterway or bore for the purposes of providing for any personal, domestic or non‑commercial communal needs of its members. Traditional owners played a part in contributing to the development of the Victorian Water Management Strategy. The strategy recognises the intrinsic connection to Country of Aboriginal communities and seeks to improve their participation in waterway management at a level that reflects their rights and interests. The strategy supports strengthened partnerships with traditional owners and the provision of specific capacity building opportunities to enable more effective water management participation. It recognises, among other indicators, the significance of cultural values in determining high‑value National Water Commission 439 waterways and the aspirations of Indigenous communities to protect the environment and improve their future economic and social wellbeing. Under the strategy, the primary purpose of environmental entitlements is to achieve environmental benefit, however where consistent with these achievements, environmental water managers must also consider whether social and cultural benefits can be met. Western Australia: At present, there are no statutory mechanisms for allocating water specifically to Indigenous purposes. The only current reservation policy is for public drinking water. Water plans consider in situ non‑consumptive water needs for Indigenous cultural benefit where relevant. In situ water is not allocated and therefore left to meet cultural needs. No plans provide specifically for economic water, but Indigenous commercial interests may be met through the licensing process or through native title provision. 57. Environmental water takes account of opportunities to provide for cultural outcomes The information for evaluating progress against this performance indicator comes from the Commission’s Review of Indigenous involvement in water planning 2013, National Water Planning Report Card 2013 and Environmental Water Management Report 2014 (NWC 2014a,e,f). For many Indigenous communities, cultural and social aspirations are closely linked with riparian sites of cultural significance and also with aquatic resources and species for subsistence and customary purposes. While some advances have been made in understanding these requirements, most water plans still make the assumption that water for the environment will deliver non‑consumptive cultural and social outcomes for Indigenous communities. Species of importance scientifically or to peak groups such as recreational fishers or tourism, may not align with those required by traditional owners for food or ceremonial purposes. While there is still more work to be undertaken to demonstrate the ability of environmental water to deliver outcomes for Indigenous customary and social objectives, there are some good initiatives that draw together information for use by water planners and managers and commence progress towards this objective. The Basin plan’s Environmental Watering Plan framework provides opportunities for cultural outcomes to be considered in environmental watering plans. Each year the MDBA must identify important environmental watering activities or priorities that will influence Basin‑scale outcomes. For Indigenous cultural outcomes, the MDBA must prepare the Basin plan’s annual environmental watering priorities having regard to Indigenous values and Indigenous uses. The MDBA must consult with the Murray Lower Darling Rivers Indigenous Nations (MLDRIN) and the Northern Basin Aboriginal Nations (NBAN) when setting Basin‑wide annual environmental watering priorities. Basin states will also consult with Indigenous communities on their long‑term environmental watering plans. The Aboriginal Water Initiative being undertaken by the NSW Office of Water seeks to ensure ongoing effective statewide and regional engagement with Indigenous communities in water sharing plans. Building on earlier Australian Government‑funded work to collect data on water‑dependent cultural assets to inform decision‑making, the project will deliver the Aboriginal Water Initiative System (AWIS). To uphold and respect Indigenous custom and tradition, information will be held at a range of secure levels in the database to contribute to the development of water sharing plans in New South Wales. Many jurisdictions have developed Indigenous heritage registers which provide information on sites of cultural significance. To respect Indigenous customs, these data are often only available internally to government but they can provide baseline information for water planners and managers to contribute to water planning and management processes. Ongoing local collaboration with Indigenous communities is critical to fully appreciate and understand prioritisation of significant cultural sites. 440 Australia’s water blueprint: national reform assessment 2014 58. Indigenous communities realise economic benefits from commercial Indigenous water licences The information for evaluating progress against this performance indicator comes from the Commission’s Review of Indigenous involvement in water planning 2013 (NWC 2014f). The review found there had been little or no uptake of Indigenous‑specific licences for cultural and economic development since 2010. There are substantial challenges for Indigenous communities in benefiting economically from commercial Indigenous water licences. New South Wales demonstrates some of the main challenges. Competition for water is high and there is recognition that reliance on native title is not sufficient. Measures such as cultural and commercial licences offer other options, however these measures are limited in scope and, aside from the cultural water access licence granted in 2005 in the Murrumbidgee, there are currently no active cultural or community development licences. The costs associated with obtaining and operating a licence are significant barriers for many Indigenous communities. Not only are costs associated with licence generation and the purchase of a volume of water, there is considerable cost to develop appropriate infrastructure such as dams and machinery to effectively utilise the resource. Also flagged is the challenge for traditional owners, particularly in remote communities, of awareness that a potential opportunity exists. The recent waiver by the New South Wales Government of fees for the purchase of Indigenous‑specific water licences is a positive initiative. Water quality is safe for its intended use Water for human health meets minimum standards This outcome focuses on the issue of water being safe for human health. Two key elements contribute to water safety: Regulation at the state and territory level, which sets standards and mandates a risk‑based approach with strict tolerance levels. These regulations require service providers to deliver frequent and transparent reports on water quality standards; Risk management planning that is undertaken by service providers. This risk management makes providers accountable for water quality and is monitored closely. 59. Water for human health meets minimum standards The information for evaluating progress against this performance indicator comes from the Commission’s National Performance Report 2012–13: urban water utilities and the Productivity Commission’s 2011 report on Australia’s urban water sector (PC 2011). Across all metropolitan water utilities small and large, the median percentage of population for which microbiological compliance was achieved was 100 per cent which was unchanged from 2011–12. Large water utilities’ performance against the 2004 drinking water guidelines was excellent for four years from 2007–08. Smaller utilities also performed well. Only three utilities, Ben Lomond in Tasmania and Clarence Valley and Tamworth in New South Wales, reported less than 99 per cent compliance with microbial limits (97 per cent, 73 per cent and 99 per cent respectively). National Water Commission 441 Table D22: Percentage of population for which microbiological compliance was achieved (NWC 2014d) Size group 100 000+ Range High Low 100 100 Multiple Multiple utilities utilities 100 97 Number of utilities with increase / decrease from 2011–12 Increase Decrease Median 2011–12 2012–13 % change in the total from 2011–12 0 0 100 100 0% 4 1 100 100 0% 1 3 100 100 0% 0 0 100 100 0% 5 4 100 100 0% connected properties 50 000 to 100 000 connected properties 20 000 to 50 000 connected properties 10 000 to 20 000 connected properties All size groups Multiple Ben Lomond utilities Water 100 73 Multiple utilities Clarence 100 100 Multiple utilities Multiple utilities 100 Multiple utilities Valley 73 Clarence Valley A number of submissions to the Commission expressed concern that many regional and remote communities face constrained financial resources and skills to ensure safe drinking water. Some regional utilities have also been faced with the prospect of trucking in water supplies. This can be attributed to a range of issues including economies of scale, large geographic distances to cover and lower customer base that is sensitive to price increases. Recovering the full cost of services in these regions has been found to increase prices and in turn impact on the cost of living expenses for lower income houses. In some cases, it may not be realistic for smaller regional utilities to recover the full cost of water and sewerage services and subsidisation may always be required. To address this scenario, the Productivity Commission suggested that state and territory governments should subsidise the provision of water supply and wastewater services in regional areas where it is uneconomic for the utility to provide these services safely and efficiently. The lack of transparency in the economic regulation of smaller, local government‑owned utilities and the financial constraints being experienced by these agencies has flow‑on impacts to business sustainability, including attracting the necessary technical, managerial, financial and governance skills to ensure efficient and effective service delivery. Regional water utilities will always face their own range of complex economic, demographic and geographic challenges, and there is no ‘one‑size‑fits‑all’ solution to addressing these issues. In certain cases there may be no solution, as some of these issues reflect the reality of water supply and wastewater service provision in regional areas, and will not be removed or even alleviated via reform. 442 Australia’s water blueprint: national reform assessment 2014 60. Risk to the quality of supplies are appropriately managed The information for evaluating progress against this performance indicator comes from the Commission’s National Performance Report 2012–13: urban water utilities (NWC 2014d). Managing the associated risks to public health and the environment has required new science, new technologies and new approaches to regulation and policy. State and territory governments have responded in various ways to meet the challenges including implementing risk‑management frameworks in water quality legislation and increased collaboration through catchment planning. Central to progress in managing human health risks has been the development and review of the Australian Drinking Water Guidelines (2004) and Australian Guidelines for Water Recycling (2006, 2007 and 2009). Published by the National Health and Medical Research Council (NHMRC) and signed off by all state and territory governments, the guidelines provide the framework for managing drinking water to ensure its safety, including from stormwater and recycled water. Australia’s regulatory arrangements for maintaining water quality in our drinking supplies have been effective. The findings from recent industry assessments of urban water utilities highlight that: Australia’s performance in providing safe drinking water remains high. In 2011–12, 92 per cent of water utilities across Australia reported 100 per cent compliance with relevant microbiological standards. Data for smaller utilities in regional areas suggests that compliance with drinking water standards has been less consistent. Submissions received for the Commission’s review of urban water suggests the level of treatment is far below the level of treatment in major towns and cities. The focus of governments and the industry is now to reduce regulatory inefficiencies as fragmentation and duplication of regulations still poses challenges for some water providers. Water that is provided is fit for purpose This outcome focuses on the provision of water that is of a quality that is appropriate for its intended purpose. This includes ensuring that there is a choice of water types, requiring appropriate investment and infrastructure, which is priced according to cost of delivery. This will allow people and communities to make decisions to match their aspirations. 61. Choice in water supply options offered The information for evaluating progress against this performance indicator comes from Frontier Economic’s review of urban water customer choice options, policy drivers and regulatory instruments (Frontier Economics 2013). Since microeconomic reforms dating back to the mid‑1990s, there has been a gradual widening of the options open to urban water users, as well as moves towards consulting customers to ascertain their views and preferences. Key drivers of this growing interest in the scope for expanding choice include: reforms in other utility sectors generating debate among policymakers changing culture in the industry emerging technological developments allowing alternative sources of water growing demand by communities to be consulted on issues affecting the local environment and liveability National Water Commission 443 reaction against centrally determined supply augmentations undertaken with little or no public consultation and now impacting on people’s water bills land development demands. Frontier Economics found that customers have some choice over the quantity of services provided by their monopoly water supplier by conserving water, installing water efficient appliances, or installing water tanks, while industrial customers may have some ability to undertake on‑site treatment of trade waste. In general, there has been a move towards more cost‑reflective tariffs in the water sector across Australia, which should help to ensure that the most cost‑effective solutions are adopted. Although there has been considerable public discussion of tariff choices for customers, there is little evidence that such options have been implemented in practice. To date there is no evidence of an urban water supplier offering a differing level of security product for a different price, although in recent years there does appear to be a greater range of billing and customer service options emerging as some urban water businesses seek to take a greater customer focus. One notable area relates to different billing arrangements and online management of customers’ water accounts. The scope for offering differentiated or non‑standard services appears to be particularly relevant for larger non‑residential customers. Another form of choice that may be able to be offered to individual customers by the incumbent water supplier is an alternative product or source of supply (e.g. an option to take recycled water as an alternative to or partial substitute for potable water supply). In recent years there has been a significant increase in the supply of recycled water as an alternative to potable water for some customers. There have been a number of examples across several jurisdictions where developers or other parties have sought to have an alternative supply to the traditional centralised solution offered by the incumbent water utility. Another form of customer choice is where customers can choose to switch from their current supplier to a new supplier. This form of customer choice—known as ‘retail competition’—has been implemented in a number of utility industries in Australia and elsewhere, most notably in electricity, gas and telecommunications. To date in Australia no jurisdiction has established retail competition for urban water services, although moves towards increasing competition have been initiated in several jurisdictions. The most significant reform to allow choice of supplier has occurred in New South Wales under the Water Industry Competition Act (WICA), although several other states have also flagged similar reforms. 444 Australia’s water blueprint: national reform assessment 2014 Table D23: Customer choice options: overview of current status New South Wales Individual tariff/service choices Individual customer choice over supplier Collective customer choice: water utilities Collective customer choice: external standards Scope limited by uniform pricing and prescriptive price setting Third‑party access and licensing regime in place under WICA Water businesses adopting advanced techniques to meet regulator’s requirements Some willingness to pay studies by Metropolitan Water Directorate for urban water planning Appears to be limited engagement on environmental standards Victoria One metropolitan business offering trial tariff options Third‑party access regime advocated in policy documents, but not implemented to date Extent of customer engagement varies Has been limited past engagement on supply‑demand planning and environmental standards but Office of Living Victoria currently consulting on Melbourne’s Water Future Queensland Choice of tariffs in Townsville No policy initiatives for choice of supplier Many decisions devolved to local government Many decisions devolved to local government Western Australia Scope limited by uniform pricing and prescriptive price setting Licensing regime overseen by Economic Regulation Authority Water Corporation undertake broad customer surveys Water Corporation has consulted widely on long‑term supply/demand options. Access regime recommended by ERA several years ago, but not implemented but no formal willingness to pay studies Appears to be limited engagement on environmental standards Third‑party access regime to be developed Consultation by SA Water on local issues but regulatory framework new SA Government has consulted widely on long‑term supply/demand options. South Australia Scope limited by uniform pricing and prescriptive price setting. Essential Services Commission of SA to review tariff structures Appears to be limited engagement on environmental standards National Water Commission 419 References ABS (Australian Bureau of Statistics) 2010, Water Account Australia, 2008–09, cat. no. 4610.0, Australian Bureau of Statistics, Canberra. ABS (Australian Bureau of Statistics) 2013a, Environmental Issues: Water use and Conservation, cat. no. 4602.0.55.003, Australian Bureau of Statistics, Canberra. ABS (Australian Bureau of Statistics) 2013b, Water Account, Australia, 2011–12, cat. no. 4610.0, Australian Bureau of Statistics, Canberra. ABS (Australian Bureau of Statistics) 2013c, Water Use on Australian Farms, 2011–12, cat. no. 4618.0, Australian Bureau of Statistics, Canberra. CEWH (Commonwealth Environmental Water Holder) 2014, Commonwealth Environmental Water Office: Trading Outcomes, accessed 8 April 2014, http://www.environment.gov.au/topics/water/commonwealth‑ environmental‑water‑office/trade DotE (Department of the Environment) 2014, Commonwealth Environmental Water Office – Trade, see http://www.environment.gov.au/topics/water/commonwealth‑environmental‑water‑office/trade DSEWPaC (Department of Sustainability, Environment, Water, Population and Communities) 2012, National Framework for Compliance and Enforcement Systems for Water Resource Management, accessed 26 May 2014, http://www.environment.gov.au/system/files/resources/d4367a3b‑28a9‑430d‑ a869‑2effbda8a447/files/ris‑water‑compliance‑enforcement.pdf Frontier Economics 2013, Review of urban water customer choice options, policy drivers and regulatory instruments, a report prepared for the National Water Commission, accessed 26 May 2014, http:// www.frontier‑economics.com/_library/publications/frontier%20australia%20report%20‑%20urban%20 water%20customer%20choice%20stc.pdf Marsden Jacob Associates 2013, Analysis of the social impact of NWI reforms for the Triennial Assessment, report prepared for the National Water Commission. MDBA Futures 2014, Regional Wellbeing Survey, University of Canberra, Canberra. NOW (New South Wales Office of Water) 2011, Monitoring economic and social changes in NSW water sharing plan areas: A comparison of irrigators’ survey 2006 and 2010 – covering plans commenced in 2004, accessed 26 May 2014, http://www.water.nsw.gov.au/Water‑management/Water‑sharing‑plans/ Socio‑economic‑assessment/irrigator‑survey/default.aspx#survey2013 NWC (National Water Commission) 2009, Governance at a Glance: Water Pricing and Economic Regulation, National Water Commission, Canberra. NWC 2010, Impacts of water trading in the southern Murray–Darling Basin: an economic, social, and environmental assessment, NWC, Canberra. NWC 2011a, Review of pricing reform in the Australian water sector, NWC, Canberra. NWC 2011b, The National Water Initiative – securing Australia’s water future: 2011 assessment, NWC, Canberra. NWC 2011c, Urban Water in Australia: Future Directions, NWC, Canberra NWC 2012a, Assessing water stress in Australian catchments and aquifers, National Water Commission, Canberra. NWC 2012b, National Performance Report 2010–11: rural water service providers, National Water Commission, Canberra. 446 6 Australia’s water blueprint: national reform assessment 2014 NWC 2012c, Position Statement Indigenous access to water resources, June 2012, NWC, assessed 26 May 2014, http://www.nwc.gov.au/__data/assets/pdf_file/0009/22869/ Indigenous‑Position‑Statement‑June‑2012.pdf NWC 2013a, Australian environmental water management: 2012 review, NWC, Canberra. NWC 2013b, Australian water markets report 2011–12, National Water Commission, Canberra. NWC 2013c, Australian water markets report 2012–13, National Water Commission, Canberra. NWC 2014a, Australian Environmental Water Management: 2014 Review, NWC, Canberra. NWC 2014b, Australian water markets: trends and drivers 2007–08 to 2012–13, National Water Commission, Canberra. NWC 2014c, National Performance Report 2012–13: rural water service providers, National Water Commission, Canberra. NWC 2014d, National Performance Report 2012–13: urban water utilities, National Water Commission, Canberra. NWC 2014e, National Water Planning Report Card 2013, National Water Commission, Canberra. NWC 2014f, Review of Indigenous involvement in water planning, 2010 to 2013, NWC, Canberra. PC (Productivity Commission) 2011, Review of urban water sector, Productivity Commission, Melbourne Schirmer, J 2014, Community perceptions and experiences of water reform: analysis of the Regional Wellbeing Survey data to inform the Triennial Assessment. Customised analysis of Regional Wellbeing Survey data produced for the National Water Commission. University of Canberra, Canberra. Schirmer, J & Berry, H 2014, People and Place in Australia: The 2013 Regional Wellbeing Survey – Summary Report. University of Canberra, Australia. Stenekes, N, Reeve, I, Kancans, R, Stayner, R, Randall, L & Lawson, K 2012, Revised indicators of community vulnerability and adaptive capacity across the Murray–Darling Basin: a focus on irrigation in agriculture, ABARES report to client prepared for the Murray–Darling Basin Authority, Canberra, December. National Water Commission 447 Appendix E Next Steps in National Water Reform: Preparation for the future (a report by the Standing Council on Environment and Water) A 482 Australia’s water blueprint: national reform assessment 2014 Appendix E: Next Steps in National Water Reform: Preparation for the future (a report by the Standing Council on Environment and Water) Context 1. The Standing Council on Environment and Water (SCEW) agreed to develop an enhanced water reform agenda in 2012 in response to key reviews including the National Water Commission’s (NWC) review of the National Water Initiative (NWI) and the Council of Australian Governments (COAG) review of the National Water Commission. 2. In April 2012 COAG requested SCEW report by the end of 2012 on the next stage of water reform. 3. This report fulfils that request and constitutes the COAG response to the NWC review of the NWI1 and Productivity Commission report on Australia's urban water sector2. 4. This report identifies the water issues expected to deliver the greatest benefit from national progression over the next ten years, and lists actions for addressing these issues over the next five years. It also identifies significant unfinished business from the National Water Initiative. 5. It has been informed by a range of relevant recent activities, reviews and reports, including: the NWI and the 2008–2011 COAG work program on water3; the NWC second Biennial Assessment of the NWI in 2009,4 and the COAG response5; the NWC Biennial Assessment and Review of the NWI in 2011 1; the Productivity Commission report on Australia’s urban water sector; state based plans for water policy, management and reform; cross-jurisdictional discussions by officials, and SCEW and COAG decisions; the review of the National Water Quality Management Strategy6; and other processes relating to water resource management. Rationale Outcome sought by all governments from water resource management: 6. Water resources are managed efficiently and effectively to improve the wellbeing of Australians. Why do we need national action on water reform? 7. Water is critical to Australia’s economic prosperity and environmental health, and to Australia’s social and cultural life. The importance of water to Australia necessitates an integrated water Water Commission (2011a), The National Water Initiative—securing Australia’s water future. Commonwealth of Australia. 1 National 2 Productivity Commission (2011), Australia’s Urban Water Sector. Commonwealth of Australia. 3 http://www.environment.gov.au/water/australia/coag/work-program.html> (viewed 7 November 2012) 4 National Water Commission (2009), Australian Water Reform 2009: Second biennial assessment of progress in implementation of the National Water Initiative. Commonwealth of Australia. Council of Australian Governments (2010), Response to National Water Commission Report: “Australian Water Reform 2009, Second Biennial Assessment of Progress in Implementation of the national Water Initiative”. Approved April 2012, <http://www.coag.gov.au/sites/default/files/COAG%20urban%20water%20stocktake.doc> (viewed 15 October 2012) 5 6 Stage one was an evaluation by KPMG: KPMG (2011), Independent evaluation of the National Water Quality Management Strategy – final report. http://www.environment.gov.au/water/publications/quality/water-qualityfinal-report.html (viewed 15 October 2012) National Water Commission 449 resource management system which provides for productive water allocation, protects the environment and caters for complex social and cultural needs in a highly variable system that is likely to be increasingly impacted by climate change.7 Governments have seen the advantages in national action where there are benefits from collaboration or cooperation, or to address cross-border issues and shared resources. 8. Governments across Australia have agreed on actions to achieve a more cohesive national approach to the way Australia manages, measures, plans for, prices, and trades water as a consequence of the 1994 COAG Water Reform Framework and the National Water Initiative, agreed by COAG in 2004. Since 1994 the management of water in Australia has changed profoundly, and Australia is now seen as an international leader in water resource management.8 9. The implementation of the two COAG agreements varies between locations and jurisdictions to meet local priorities. Changes have been implemented by all sectors of society – government, industry, communities and individuals. Within that variability, the essence of the reforms has been given effect: the NWC states the “NWI has embedded into water management across Australia the imperative to manage water resources sustainably, to articulate environmental objectives more clearly, and to use best available science in decision making.” 9 Water markets have matured and now produce economic benefits. 10. Further significant changes have come from the Commonwealth Water Act 2007, including its requirement to develop a whole of basin plan for the Murray-Darling Basin. The significant work by Basin governments to implement Murray-Darling Basin reforms is not within the remit of the SCEW, and is therefore not included in this report. 11. Supported by initiatives such as the Water Efficiency Labelling and Standards scheme and the installation of meters, householders are making more informed decisions on their water use. Residential water consumption has declined across Australia, accelerated by water restrictions and the recent drought. Water pricing structures are now more in line with efficient pricing approaches, and recycled wastewater and stormwater are increasingly replacing the use of potable water in areas such as toilets, parks and gardens. 12. Rural Australians, particularly irrigators, have considerably greater flexibility in managing water as part of their business as a result of separating water from land and the emergence and deepening of water markets. This was evident during the recent drought within the Murray-Darling Basin where water markets became an even more important tool for managing business risks associated with shortages of water as well as allowing water to be obtained by government to meet environmental objectives. The planning framework has enhanced the recognition of environmental and other public benefit outcomes, and there are now significant environmental water holdings, particularly in the Murray-Darling Basin. 13. However, in its comprehensive review of the NWI,10 the NWC noted that despite significant progress, the available benefits of water reform have not been fully achieved. It also made recommendations on maturing the agenda and addressing emerging and future issues. Similarly the COAG review of the NWC11 noted that “the full benefits of those initiatives [already implemented] require further elements of the NWI to be put in place” and that “several of the key reforms have not yet been implemented because they have proven to be 7 CSIRO (2010), Climate variability and change in south-eastern Australia: A synthesis of findings from Phase 1 of the South Eastern Australian Climate Initiative (SEACI). CSIRO Australia. 8 Organisation for Economic Co-operation and Development (2012), Meeting the Water Reform Challenge, OECD Studies on Water, OECD Publishing.[ “...some countries have been at the cutting edge of water policy innovation and have developed sophisticated policy frameworks to address water challenges. Australia, for example, has had a long period of water policy reform and has implemented mechanisms such as water markets, water pricing, and government purchase of water entitlements for environmental flows”] 9 National Water Commission (2011a), op. cit. 10 National Water Commission (2011a), op. cit. 11 Rosalky, D. (2011), COAG Review of the National Water Commission. Commonwealth of Australia. <http://www.environment.gov.au/water/australia/nwi/pubs/coag-review-national-water-commission.pdf> (viewed 15 October 2012) 450 Australia’s water blueprint: national reform assessment 2014 technically and politically difficult and demanding of scarce resources.” 14. It is timely to consider the outcomes of recent reviews, the likely impact of existing initiatives and of future challenges, and make recommendations for national action based on principles for good water management (Attachment A). 15. Given the significant ongoing reforms, including in the Murray-Darling Basin, this report proposes efficient, cost-effective actions over the next five years to supplement the existing agreed policy reform agenda. The new actions aim to respond to the key challenges for progressing national water resource management over the next ten years. Key Issues and Actions 16. In considering the context of water reform, it is important to acknowledge the matters underpinning the delivery of water management by governments, to identify opportunities to build on the success of the past, and to identify the key challenges of the future. 17. All governments continue to explore improvement in service delivery and underpinning actions that are not specifically in the purview of this national report. These include building skills and capabilities, improving governance, continued adequate resourcing, and communicating and consulting on water resource management. 18. Further, the successful and timely delivery of key programs currently under way, such as the National Water Market System, are critical enablers to planned significant improvements and implementation of agreed reforms. Build on the success of the past 19. Progressive COAG agreements have established a comprehensive water management framework in Australia, primarily based on the National Water Initiative (NWI). 20. All governments consider the NWI remains relevant to the management of water resources. The NWI’s planning, entitlement and market framework transparently balances the competing demands on water in rural regions using a defined consumptive pool and statutory recognition of environmental water, and enables efficient water trading. The pricing and institutional reforms have been beneficial: there have been improvements in governments’ transparency and accountability, and water businesses are generally now able to understand and factor in the cost of water and to fund new investment because of greater certainty and security.12 21. Progress in implementing the framework has in some cases highlighted gaps in the framework or opportunities for improvement: initiatives to address such gaps and opportunities include the National Water Market System and the National Framework for Compliance and Enforcement Systems for Water Resource Management, both of which are part of the ongoing reform activities. Recently agreed platforms to increase collaboration, efficiency and effectiveness include the National Hydrologic Modelling Platform and the National Water Knowledge and Research Platform — these will continue to be implemented over the next five years. 22. In some cases agreement has been reached on further development of the framework, but full implementation of the new action is not yet complete. An example is in accounting and measuring of water use, where there is still monitoring required of both the implementation of the National Framework for Non-Urban Water Metering, and the development of methods for estimating rural water use. 23. One of the remaining elements needed for successful implementation of the NWI is the further development and implementation of water plans that, among other matters, identify pathways to sustainable use, and are sufficiently resilient to accommodate the broad range of climate change outcomes.13 COAG has agreed14 to a biennial National Water Planning 12 National Water Commission (2011a), op. cit. National Water Commission (2009), Australian Water Reform 2009 – Second Biennial Assessment of Progress in Implementing the National Water Initiative 13 14 Council of Australian Governments (2010), op. cit. National Water Commission 451 24. 25. 26. 27. 28. Report Card, reporting progress with the development and implementation of water plans in all water resource systems with reference to the NWI Policy Guidelines for Water Planning and Management (Planning Guidelines). COAG also agreed to develop and implement a framework to improve understanding of water resource condition, availability and use, reporting biennially on those systems at risk of unsustainable use. Given the long timeline of water plans, these reporting initiatives need time to take effect, and there is merit in considering a review of effectiveness when developing the next five-year work plan. As the impact of interception on the integrity of water entitlements is also not yet fully understood or incorporated into water resource management, a review of the effectiveness of existing tools and policies in managing interception should also be considered at that time. There are two other identified issues of priority ’unfinished business’. The first, improving water planning to better recognise Indigenous needs in relation to water access and management, will be supported by the COAG decision to develop guidance under the Planning Guidelines to address the need to better engage Indigenous people in water planning.15 The second, fully implementing the NWI in recognising and managing the connectivity between groundwater and surface water, will be progressed through a national groundwater strategic plan (new action 1). Further opportunities arise to build on the success of the existing entitlements framework. It is timely to explore addressing new types of water products where there is insufficient clarity on water rights or entitlements, such as for stormwater and wastewater, water sourced from managed aquifer recharge, and temporarily available water such as that co-produced from extractive industries (new action 2). In urban water, national initiatives such as Water Efficiency Labelling and Standards scheme and water quality guidelines for recycled water and stormwater have supported efficient water use. Guidance has also been provided through the development of urban water planning principles, the NWI pricing principles and the 2011 Productivity Commission report which examined the case for further reform in the urban water sector. The Productivity Commission16 and the NWC17 recognised that the drought, population growth, climate variability, climate change, and ageing infrastructure placed considerable pressures on the sector and identified opportunities for further institutional and regulatory reform, through nationally coordinated action and by jurisdictions alone. New action 3 describes an urban water program informed by these reports. Water management is intricately linked with land and natural resource management. Environmental, social and economic outcomes are best achieved when the disparate land and water planning and management regimes complement each other, while disjunct management can lead to perverse outcomes. Further consideration needs to be given to better linkages between planning regimes. As a first step it is proposed that greater linkages are established between the water quality framework and water quantity management (new action 4). 15 Council of Australian Governments (2010), op. cit. 16 Productivity Commission (2011), op. cit. 17 National Water Commission (2011b), Urban water in Australia: future directions. Commonwealth of Australia. 452 Australia’s water blueprint: national reform assessment 2014 Inform future decisions – further prepare for the challenges of the future 29. Significant challenges to water management can be expected in the medium to long term. Two key long term challenges have been identified: climate change and increased likelihood or severity of climate extremes such as droughts, storms or floods, and growth in water demand arising from a range of sources including population growth and economic development. 30. In thinking about managing for greater climate variability there will be considerable value in reviewing the lessons learnt in the recent droughts and floods once there are formal responses to existing reviews (including of the recent floods). 31. The OECD18 predicts in its baseline scenario that global water demand will increase by 55% by 2050. Potential future impacts on water resource management in Australia include: a projected population of nearly 26 million by 202019; internal migration; likely increased impacts of climate change and extreme weather events; climate change, and associated mitigation and adaptation activities; increased input costs to business and agriculture, especially for energy; and increased global demand for food and fibre with smaller inputs. Water resource management is also intricately linked with the extraction of fossil fuels, the generation of energy, industry needs, health, and social and cultural amenity. 32. The interlinking of all of these issues requires greater coordination across sectors, and a new way of working. As a first step it is proposed to provide guidance on planning for climate change and climatic extremes, and review the likely future impacts on water supply and demand (new action 5). 33. As a consequence of growth and development, there will be continued need to improve the efficiency of both rural and urban water use, to build water-sensitive urban areas, to fund new developments and existing infrastructure adequately, and to sustainably develop water resources (new action 6). 34. The new actions to address the key issues above have been scoped in some detail below. Implementation will be overseen by the SCEW, including the development of a comprehensive implementation plan, and recommendations for a further five year work plan developed in 2017, based on the outcomes of this work plan. 18 Organisation for Economic Co-operation and Development (2012), OECD Environmental Outlook to 2050: the Consequences of Inaction, OECD Publishing. 19 The Treasury (2010), Australia to 2050: future challenges. The 2010 Intergenerational report. Commonwealth of Australia. <http://archive.treasury.gov.au/igr/igr2010/Overview/pdf/IGR_2010_Overview.pdf> (viewed 9 October 2012) National Water Commission 453 New Actions 1. National Groundwater Strategic Plan Objective To further groundwater management by developing and implementing a National Groundwater Strategic Plan. Context An estimate widely accepted by scientists and policymakers is that groundwater now directly supplies close to 30% of Australia’s total water needs – more than double this in south west Western Australia20. The national figure may exceed 50% when factoring in the significant base flow contribution to surface water systems. Over the next 40–50 years the need for fresh water will intensify as Australia’s population doubles. This is a major challenge because existing groundwater resources were often laid down in wetter climates and are now experiencing much lower rates of replenishment. The draft National Groundwater Strategic Plan identifies six strategic priorities to improve groundwater management and information: water planning and management legislation and governance monitoring and compliance skills development and capacity building groundwater information and dissemination research and development What will be done 1.1 National Groundwater Strategic Plan presented to SCEW by the end of 2013 as a blueprint to improve groundwater management in Australia. 1.2 All jurisdictions agree to an action plan for the National Groundwater Strategic Plan by 2014, consistent with the NWI Policy Guidelines for Water Planning and Management, containing measures as defined in the National Groundwater Strategic Plan. Responsibility All jurisdictions. Monitoring or review strategy Reporting to SCEW on progress against the National Groundwater Strategic Plan. All jurisdictions review the National Groundwater Strategic Plan in 2018. This preliminary description has been provided in advance of finalisation of the National Groundwater Strategic Plan. Any changes to the priorities in the final version will take precedence. 20 CSIRO (2009). Water yields and demands in south-west Western Australia. A report of the South-West Western Australia Sustainable Yields Project. 454 Australia’s water blueprint: national reform assessment 2014 2. Improving certainty and security of access to water Objective To explore the costs and benefits of improving certainty and security of access to sources of water where rights are not explicitly defined within the existing water access and entitlement framework (i.e. for new and alternative sources of water such as reuse, recycling, stormwater etc). Context Rights to water if defined clearly can promote gains from trade and provide a level of security to users. Rights and responsibilities are involved in any arrangements that provide a level of certainty and consistency surrounding the terms and conditions about how users access water resources. As the supply and demand for water within Australia changes over time, available benefits from further water rights reforms are likely to increase. This may involve clarification, formalisation or strengthening of existing rights as well as the creation of new rights – for different water sources or in relation to capacity constraints. This process will require careful consideration to ensure there are no unintended impacts, for example on informal customary use. Water rights development and reform will be more effective if undertaken through established frameworks. Consideration should also be given to the costs and benefits of better defining existing rights and establishing or clarifying frameworks and decision processes for rights to (but not limited to) stormwater, wastewater, water from managed aquifer recharge, and co-produced water. What will be done 2.1 Investigate the costs and benefits of a nationally consistent framework and decision matrix for further defining and developing rights to water which allows for the efficient and effective use of water within a potential water resource. The investigation should include a number of case studies which align with priority areas. 2.2 In considering the need for development of a framework and decision matrix for further defining water rights within potential water resources, attention should be focussed on, but not limited to: a) the flow-on consequences to explicit and implicit rights if rights in water are further defined or new rights created; and b) how further defining or creating new rights align with current water management and planning frameworks. 2.3 Make recommendations to SCEW in 2015 on how best to progress actions to increase certainty and security of access to water not explicitly defined within the existing water access and entitlement framework. Responsibility All jurisdictions. Monitoring or review strategy If agreed, the framework should be reviewed five years after finalisation. National Water Commission 455 3. Urban water Objective To provide evidence to inform future national urban water reform initiatives that support secure, safe, healthy and reliable water-related services and which meet community needs in an efficient and sustainable manner. Context The Productivity Commission21 found a strong case for reform to improve the efficient provision of water, wastewater and stormwater services in its report on the urban water sector in 2011. This was broadly consistent with the NWC22 findings that the effects of drought, urbanisation and ageing assets warrant improvements in the institutional and regulatory arrangements in the sector. The urban water work program has been informed by these reports. As previously agreed by COAG, the review of the National Water Initiative pricing principles will be undertaken. The scope of this review could address some of the pricing issues identified by the Productivity Commission, such as: pricing the scarcity value of water; the valuation and recovery of environmental externalities; the feasibility of multiple customer tariff options; costs and benefits of postage stamp pricing; and sewerage and trade-waste pricing. Based on recommendations that further work was needed to build the capacity and expertise in adaptive planning in the sector, the 2008 National Urban Water Planning Principles will also be reviewed. The review will assess the extent of implementation and the effect on urban water planning decisions by utilities and local governments and the role of the principles in advancing new approaches to planning, such as adaptive management planning and integrated urban water management. The development of the strategic direction of the National Water Quality Management Strategy will be completed in 2013 and will provide the opportunity to respond to recent reports on the variability of water quality in smaller towns and remote communities. Recommendations for new initiatives may be included in regular revisions to the Australian Drinking Water Guidelines. Recognising governments’ involvement in practical urban water research and analysis, the work plan includes a commitment to share the outcomes of this work which includes: analysis of tariff options; the use of allocation mechanisms in supporting investment in alternate water sources; and findings from the recently established Cooperative Research Centre for Water Sensitive Cities. Finally, the Productivity Commission found that the scheduled independent review of the National Access Regime should proceed. The twelve-month inquiry was announced on 25 October 2012. What will be done 3.1 Review the National Water Initiative pricing principles by end 2014. 3.2 Review the National Urban Water Planning Principles by end 2014. 3.3 Promote awareness of the outcomes of research and analysis of urban water issues across governments through existing forums. Responsibility All jurisdictions. Monitoring or review strategy NWC to monitor progress through its triennial assessments. 456 21 Productivity Commission (2011), op. cit. 22 National Water Commission (2011b), op. cit. Australia’s water blueprint: national reform assessment 2014 4. Integrating water quality and quantity Objective Better integration between water quality and quantity in planning, management and regulation frameworks to achieve improved environmental, economic and social outcomes. Context Water quantity and quality management actions affect each other and common outcomes. Changes in the quality or quantity of water may result in changes in the structure and function of ecosystems including the numbers and types of organisms that can survive in the altered environment. It can equally affect other environmental and water use values such as drinking water quality, primary industries, recreational, aesthetic, and cultural and spiritual values. While the National Water Quality Management Strategy (NWQMS) is described as complementary to the NWI, in practice the two largely operate as separate frameworks. The outcomes sought under both frameworks could be more effectively achieved if implementation of each framework were better integrated. Improving the integration of policy settings addressing water quality and water quantity issues is a key consideration in the current review of the NWQMS. The NWQMS was jointly developed and agreed in the early 1990s to provide a national approach for achieving sustainable use of the nation’s water resources by protecting and enhancing water quality, while maintaining economic and social development. The review involves all jurisdictions in considering the strategic directions of the NWQMS. Specific actions are proposed in relation to policy setting, governance arrangements, guidance material and monitoring and evaluation. What will be done Assist the integration of water quality and quantity in water management planning by: 4.1 Revising the strategic directions of the NWQMS by end 2013. Proposed subsequent actions include: a) revising the policy setting for the NWQMS in line with developments in water reform and including a focus on the integration of water quality and quantity planning; b) resetting governance arrangements for NWQMS management; c) rationalising guidance material (including on better integration of water quality and quantity); and d) developing appropriate monitoring and evaluation metrics. 4.2 Based on the outcomes from the revised NWQMS policy settings (once agreed), make recommendations by end 2016 as to whether the preparation of a module to the NWI Policy Guidelines for Water Planning and Management is required to assist in the integration of water quality and water quantity planning and management. Responsibility All jurisdictions (including, for fresh and marine water quality guidelines, New Zealand). Monitoring or review strategy Progress to be monitored by officials reporting to the SCEW through ongoing oversight of NWQMS reform. National Water Commission 457 5. Improved long term water planning Objective To ensure water resource decision makers are better equipped to plan for likely long term impacts on water supply and demand, including identifying areas of critical balance between supply and demand. Context Supply and demand of water, energy and food are fundamentally linked. While projections have been developed at local and regional scales, the likely long term demand for water resources, including as a result of future changes in climate, population and industry requirements, is a key gap in understanding for developing effective national water policy. Recent reports23 highlight the need for integrated policy approaches, noting that attempts to address problems in one area without regard for implications elsewhere can have unintended negative consequences. Fully understanding projected water supplies, including dealing with uncertainty around climate change and climate extremes such as droughts and floods, requires a risk management approach. For a 1°C warming (median warming by 2030 relative to 1990), river flows in far southwestern and south-eastern Australia are likely to decline by 5–30% (30–50% under the driest projections). In areas exposed to cyclones and storm surges the current 1-in-100 year event could occur several times a year.24 What will be done 5.1 Prepare a module to the NWI Policy Guidelines for Water Planning and Management by end 2014 to take account of the likely impact of climate change and extreme events within planning frameworks and water plans. 5.2 Report to SCEW by end 2014 on existing information available to help define expected impacts on water supply and demand across sectors (e.g. agriculture, energy generation, extractive industries, population, industry, and climate change mitigation and adaptation actions) and relevant Commonwealth and state or territory policies and planning instruments with potential to affect future water supply and demand. 5.3 Water supply and demand projections a) provide a scoping report and methodology, for SCEW endorsement by end 2015, for the development of nationally-consistent, integrated water supply and demand projections (up to 50 years ahead), taking into account existing state and international approaches; b) if agreed by SCEW, produce the projections by 2017; and c) report to SCEW by end 2017 on high risk demand and supply issues with recommendations for action, including to address any significant gaps in understanding of likely future demand on water resources and identifying any constraints to closing the gap between supply and demand projections. Responsibility All jurisdictions. Monitoring or review strategy Public reporting on new action 5.1 through the National Water Planning Report Card. 23 PMSEIC (2010), Challenges at Energy-Water-Carbon Intersections. Prime Minister’s Science, Engineering and Innovation Council, Canberra, Australia. + State of the Environment 2011 Committee (2011), Australia state of the environment 2011. Independent report to the Australian Government Minister for Sustainability, Environment, Water, Population and Communities. Canberra: Commonwealth of Australia. + OECD (2012a), A Framework for Financing Water Resources Management. OECD Studies on Water, OECD Publishing. + OECD (2012b), OECD Environmental Outlook to 2050: The Consequences of Inaction. OECD Publishing. 24 Keenan, T.D. and Cleugh, H.A. (eds) (2011), Climate Science Update: A Report to the 2011 Garnaut Review. Centre for Australian Weather and Climate Research Technical Report No. 036. CSIRO and Bureau of Meteorology. 458 Australia’s water blueprint: national reform assessment 2014 6. Water resource development Objective To inform decisions on the development of water resources based on the consistent application of agreed principles. Context Much of the reform effort to date has focussed on planning, management and establishment of markets for water resources that have already been developed. The same framework can inform the sustainable development of water where there are opportunities to increase water supply to meet growing demand. The expected growth in demand for water will need to be met through a range of approaches, including in part identifying and developing “new” water products, and identifying development opportunities in more traditional water resources. It is timely to focus effort on considering common principles and the benefits of a national framework to support decision-making on appropriate and sustainable development of water. Decisions to develop water resources should be based on sound policy principles and underpinned by robust information to ensure environmental, economic and social sustainability. Using this approach, water planning enables resource development opportunities to be identified by establishing the availability of water for irrigation, town water supply and other purposes. What will be done 6.1 Develop a scoping study for a framework for guiding decisions on water resource development proposals, with timelines and costs, for SCEW by end 2014. 6.2 Subject to the outcomes of new action 6.1 and approval of a scope, develop a national framework to be considered during the decision-making process on water resource development proposals for SCEW endorsement by 2017. The framework would: a) draw on relevant existing principles, frameworks, guidelines and methods; and b) be developed with reference to work on defining rights to water, including for new products. Responsibility All jurisdictions. Monitoring or review strategy The framework should be reviewed five years after finalisation. National Water Commission 459 Attachment A: Principles for Water Resource Management The principles for continued water resource management in Australia remain relatively unchanged from those that drove the 1994 COAG Water Reform Framework and the 2004 National Water Initiative. The principles are: Sustainability and wellbeing. Wellbeing includes economic prosperity, community liveability and environmental integrity: water management should contribute to the aim of enhancing the wellbeing of society over time; Management. Water is managed on a whole-of-cycle and whole-of-catchment (or aquifer) basis, including conjunctive management of surface and groundwater; Measurement. Investment in appropriate information, science (including socioeconomic), monitoring and evaluation to inform adaptive management by all sectors; Planning. Water planning results in transparent resource allocation, including clear property rights and water allocation based on a clearly defined consumptive pool; Pricing. Water is priced to ensure sufficient revenue streams to allow efficient delivery of the required services, user pays and cost recovery, and with transparently funded community service obligations where needed; Markets. Facilitation of trading in rights to water where water resources are physically shared or hydrologic connections and water supply considerations permit, to enable water to move to its highest value use; Consultation, transparency and accountability. Governments are accountable to communities, reporting responsibilities are clear and communities are consulted in key decisions; Value for money. Actions are prioritised to those which are most cost-effective and which most benefit Australia’s wellbeing; Use of best available evidence. Best available information on long and short term outcomes is used in making decisions; and Risk-management based. Application of the water management framework includes assessment and management of the risks. 460 Australia’s water blueprint: national reform assessment 2014 Attachment B: Glossary The terms in this document are defined by those in the NWI Policy Guidelines for Water Planning and Management. Consumptive pool is the portion of the total resource that may be made available for consumptive use at a given time or during a defined planning period, either through water access entitlements or other statutory rights (for example, stock and domestic use, fixed term water licences) or unregulated use such as some interception activities. Environmental and other public benefit outcomes that are specified in water plans may include a number of aspects such as: environmental outcomes: the maintenance of key environmental assets and key ecosystem services and functions (such as biodiversity and water quality) other public benefits: mitigating pollution, public health (for example, by limiting noxious algal blooms), Indigenous and cultural values, recreation, fisheries, tourism, navigation and amenity values. Sustainable water extraction regime is the level of water extraction allowable in a particular water resource (including the volume, timing, location and management of flows and extraction) that ensures that the environmental and other public benefit outcomes as well as critical human needs, defined in approved water plans can be met at a specified level of risk. Overallocation refers to situations where, with allowable full development of water access entitlements and all other forms of authorised25 use in a particular system, the total volume of water allowed to be extracted by entitlement holders and other authorised users at a given time exceeds the sustainable water extraction regime for that system. Overuse refers to situations where the total volume of water actually extracted in a particular system at a given time exceeds the sustainable water extraction regime for that system. 25 An authorised use is any water use that is allowed through statutory rights and includes uses specifically excluded from licensing systems. National Water Commission 461 National Water Reform Work Plan 2013–2017 Table 1: Work Commitments The following items include the new actions and previous commitments arising from Ministers’ agreements (including the COAG Response to the 2009 Biennial Assessment of the NWI and the COAG 2008–2011 Work program on water). Item 1 2 Sustainable management Fully implement commitments for NWIcompliant water planning Fully implement the interception commitments in the NWI Responsibility for delivery Matters for further progression/next steps Expected delivery date All states and territories NWC’s Biennial Report Card and Triennial NWI assessments will inform and assist progress. Ongoing All states and territories Consider adequacy of progress and recommendations for progression in next five-year plan Absence of tools and information remains a barrier. Existing work will assist. A review of progress in addressing interception would support implementation. Proposed for next five-year work plan As soon as possible 3 Use best endeavours to introduce and pass legislation to enable implementation of NWIconsistent water access entitlements (NT and WA) and water planning (WA). (Refer Schedule A for full text) NT & WA 4 Identify and report on water systems where use is in excess of sustainable water extraction regimes. (Refer Schedule A for full text) All jurisdictions 2015 and biennially thereafter 5 Develop enhancements to the NWI Policy Guidelines for Water Planning and All jurisdictions Ongoing Management26 (Refer Schedule A for full text) prioritising: 1. a) taking account of climate change and variability within plans 2. b) engaging indigenous people in water planning 6 3. a) Develop a national groundwater strategic plan End 2014 End 2014 All jurisdictions 4. b) Develop action plan for further implementation 26 Note potential additional module on integrating water quality and quantity under action 16 462 Ongoing Australia’s water blueprint: national reform assessment 2014 End 2013 2014 7 Item Responsibility for delivery Water resource development All jurisdictions Develop an agreed national decision framework: 5. a) Scoping report 6. b) Framework and recommendations Matters for further progression/next steps Expected delivery date SCEW approval of scope a) End 2014 End 2017 Markets 8 Complete the National Water Market System (NWMS) All jurisdictions 9 Address stakeholder concerns regarding water market intermediaries All jurisdictions 2015 COAG consultation Regulatory Impact Statement (RIS) to seek views from stakeholders on options Mid 2013 COAG decision on preferred option 10 The Commonwealth, Victorian, South Australian and New South Wales Governments will work collaboratively to develop practical measures to overcome impediments to the consistent application of the four per cent cap and a staged increase in the Mid 2014 2014 Commonwealth, Victoria, SA & NSW For the MDB, Basin Plan trading rules (commencing 1 July 2014) include a provision allowing trade free of volumetric limits All jurisdictions Develop the framework if agreed by SCEW 2015 All jurisdictions Respond to recommendations as agreed by SCEW 2014 All jurisdictions Respond to recommendations as agreed by SCEW 2014 limit.27 11 Improving certainty and security of access Investigate costs and benefits and make recommendations on developing an overarching framework and decision matrix for new water rights. 12 13 14 Urban Water 28 Review the NWI Pricing Principles Review the National Urban Water Planning Principles Promote awareness of the outcomes of research and analysis of urban water issues. Improving Integration All jurisdictions 2015 27 All jurisdictions to abide by their NWI commitment to not implement new barriers to water trade (COAG response to 2009 Biennial Assessment of the NWI) 28 Full text for the urban water work plan is at Schedule A National Water Commission 463 Item 15 7. a) Report on existing information on future supply and demand Responsibility for delivery Matters for further progression/next steps Expected delivery date End 2014 All jurisdictions End 2015 8. b) Provide a scoping report and method for water supply and demand projections End 2017 End 2017 9. c) Produce the projections, if agreed 10. d) Report on high risk demand and supply issues with recommendations for action 16 Integrating water quality and quantity management. 11. a) Revise policy documents of the National Water Quality Management Strategy (NWQMS) All jurisdictions End 2013 2016 12. b) If needed, produce a module to the Planning Guidelines 17 464 Water Information and Capacity Building Continued implementation of the National Framework for Non Urban Water Metering All jurisdictions Regular reporting on progress would assist ongoing improvement 18 Estimation of rural water use (Refer Schedule A for full text) All parties – BoM to lead 2015 19 Implementation of the National Water Knowledge and Research Platform All jurisdictions 2013 Australia’s water blueprint: national reform assessment 2014 Table 2: Existing Reporting Commitments The following reporting commitments are ongoing and arise from Ministers’ agreements (including the COAG Response to the 2009 Biennial Assessment of the NWI and the COAG 2008–2011 Work program on water). R1 R2 R3 R4 Reporting deliverable Responsibility Reporting period Reporting to Report on the implementation of the Interception Framework in the Planning Guidelines, including: All states and territories Biennial Public release All states and territories Biennial Public release All jurisdictions Annual (to be published within six months of the close of each water year) Public release All jurisdictions 2012 Public release interception risk assessments in all catchments and aquifers in order of priority implementation of necessary measures to maintain interception activities below identified threshold levels, or to offset impacts above threshold levels Conduct risk assessments for priority groundwater management areas and publicly report progress on this work on a biennial basis Report publicly on the planning and management status of groundwater systems on a biennial basis Publicly identify environmental water management arrangements, specify the authority and accountabilities of entities responsible for managing environmental water publish annual reports accounting for their management of environmental water including outcomes achieved Publish information on how the risk assignment provisions of the NWI will be implemented. Originally agreed to be ‘within 16 weeks of proposed Basin Plan release’ – A report on progress in 2013 would support implementation. National Water Commission 465 Reporting deliverable Responsibility Reporting period Reporting to Continue to publish the National Water Planning Report Card (Refer Schedule B for full text) Extend mandatory reporting outside the MDB, on price and volumes for all trades of entitlements and allocations (Refer Schedule B) National Water Commission Biennially, next due 2013 Public release All states and territories From 2015 Public release R7 Service standards for trade approval time for non-MDB jurisdictions – work towards meeting agreed service standards Northern Territory, Tasmania and Western Australia Ongoing Public release R8 Jurisdictions to develop and publish schedules for the priority completion of NWIconsistent entitlement reform, consistent with the Planning Guidelines. All states and territories Ongoing Public release R5 R6 Schedules will include timeframes for unbundling water entitlements from land and into their constituent parts on a priority catchment/area basis, where this is feasible and beneficial. 466 Where decisions are made against further unbundling, the reasons for this should be made public; Where fixed-term or other types of entitlements are demonstrably necessary, jurisdictions articulate why and where such arrangements are to be made. Australia’s water blueprint: national reform assessment 2014 Schedule A – Full descriptions of Table 1 Items as listed below This schedule provides further detail for certain work plan items, as indicated in Table 1. Boxed elements are verbatim extracts from COAG’s response to the NWC’s 2009 Biennial Assessment of the NWI. Item 3: Use best endeavours to introduce and pass legislation to enable implementation of NWIconsistent water access entitlements (NT and WA) and water planning (WA). Western Australia and the Northern Territory to use best endeavours to introduce and pass legislation to enable the implementation of NWI-consistent water access entitlements (and water planning in Western Australia) by the end of 2010 or as soon as possible thereafter. Three actions from the 2008–11 COAG work program on water also relate to Item 3 and are ongoing: Action A7: Where necessary, ensure legislation is capable of implementing the provisions of the agreed [planning] guidelines, including: a) requiring that future significant water intercepting activities are compliant with relevant water resource plans; and b) providing for proponents of significant future water intercepting activities, or relevant third parties, to hold offsetting water access entitlements. Action A9: Implement the following approach to the planning and management of groundwater: a) adoption of NWI-consistent water access entitlements in actively managed groundwater systems (i.e. those with a medium or higher risk category) while recognising that it may be appropriate in those systems for some extraction such as stock and domestic use to continue as statutory authorisations; b) note that an outcome of the risk-based approach to planning and management is that low risk systems may not require fully specified water access entitlements; c) recognition that in systems with little or no recharge, entitlements should be for a fixed term or other appropriate forms (consistent with NWI clause 33), and that transparent social and economic decisions should be made through planning processes to determine the rate and period over which resource depletion will be allowed, and the uses that this limited water can be used; and d) all significant uses of groundwater outside of the water access entitlements system should be assessed and accounted for as part of the water budget. Action A11: Adopt regulatory mechanisms to ensure that: a) the impacts of activities outside the water entitlement system which may interfere with the integrity of an aquifer (for example: drilling or excavation), are understood prior to approval; and b) arrangements are in place to ensure that the legitimate water access rights of existing water users are protected. National Water Commission 467 Item 4: Identify and report on water systems where use is in excess of sustainable water extraction regimes. To improve understanding and promote transparency of groundwater and surface water system condition, resource availability, extraction and environmental water requirements: a) Develop and agree, within twelve months of agreement by COAG, 29 a framework for the identification of water systems where use is in excess of sustainable water extraction regimes30 or, where a plan is not in place, at potential risk thereof.31 32 33 b) Within twelve months of finalising the framework in 2(a), the Commonwealth to undertake and publish a reliable peer-reviewed risk assessment against the framework for every water plan area (or water system where a plan is not in place), based on available information. 34 The risk assessment will be updated biennially. c) For those systems outside the MDB35 identified as having use in excess of sustainable water extraction regimes or at potential risk thereof, within six months of the publication of the risk assessment above: each State and Territory to report to WRC on steps being taken to ensure that there are no additional water rights issued until an effective water plan or other necessary measures are in place, including those that may be provided for in existing water plans;36 each State and Territory to publish a timetable for returning those systems to within their sustainable water extraction regimes; and the above reports to be in a common format allowing compilation into a national timetable and report to be published by the WRC. Item 5: Develop enhancements to the NWI Policy Guidelines for Water Planning and Management. Development of additional tools, methodologies, modules, or case studies for the Planning Guidelines by the end of 2011 to address the need to: take account of likely climate change within plans; measure and establish thresholds for surface and groundwater connectivity; manage interception by plantations and by stock and domestic use; develop best practice guidance on environmental water planning, management (including environmental water shepherding) and monitoring; support the delivery of environmental water at all priority assets to ensure the best possible environmental outcomes can be achieved by developing complementary (or aligning existing) NRM plans and activities at the asset location; and engage Indigenous people in water planning Urban Water Work Plan: Items 12–14, 16a in part 29 All jurisdictions agree to settle the framework by the end of 2011. 30 The sustainable water extraction regime is determined through the water resource planning process in accordance with the Planning Guidelines. 31 The framework will draw on the risk module under the Planning Guidelines where relevant. At a minimum and for each water system, the framework should allow assessment and reporting on: (i) whether or not a water plan is in place and risk assessments undertaken by jurisdictions in reaching judgements about whether a plan is required; (ii) the system water balance; (iii) ecological assets within the system (identified in both the corresponding water plan and through other means such as application of the HCVAE framework); (iv) environmental water requirements; and (v) system condition. 32 The framework methodology will take into account the sustainable diversion limits set by the Basin Plan when assessing systems in the MDB. 33 The development of the framework, and the assessment against it, will be funded by the Commonwealth. All jurisdictions will provide relevant data at their own cost. 34 Risk assessments undertaken under the Water Management Partnership Agreements and the 2008–2011 COAG Work Program on Water (item 8, identified groundwater systems) will be used to inform assessments. It is assumed that the Basin Plan will deal with ‘overuse’. This action builds on water management partnership agreements in the MDB. 35 36 468 Nothing here suggests that a water plan must be amended. Australia’s water blueprint: national reform assessment 2014 Pricing and planning for safe and sustainable water management 12. Review the NWI pricing principles. This review may cover the scarcity value of water, the valuation and recovery of environmental externalities, the feasibility of multiple customer tariff options and the broader costs and benefits of postage stamp pricing. The review should consider principles for sewerage and trade waste pricing. This activity would be subject to scoping the review and establishing terms of reference. 13. Review the National Urban Water Planning Principles to assess the uptake of the planning principles and opportunities for improvements. This includes assessing and making recommendations for improvements on: a) the extent of implementation of the planning principles and the effect on urban water planning decisions by utilities and local governments. b) the role of the principles in advancing new approaches to planning, such as real options, risk or adaptive management planning, water sensitive urban design and integrated urban water management. Sharing the outcomes of current analysis 14. Jurisdictions to share information consistent with the objective, commencing with: a) Monitoring and reporting on trials of multiple tariff options for consumers. The outcomes of new initiatives by utilities to provide different tariff options for a range of consumer groups will inform governments about utilities ongoing ability to deliver on community expectations for liveable communities, environmental protection and efficient services. b) Monitoring and investigating how existing and new allocation mechanisms act to support greater certainty for investment in stormwater, wastewater, recycled water and managed aquifer recharge. This project would complement prior work on barriers to innovation in water sensitive urban design. c) Monitor and report on outcomes from the Cooperative Research Centre on Water Sensitive Cities, particularly in relation to robust evaluation of costs and benefits of Integrated Urban Water Management and Water Sensitive Design. Protecting public health and the environment (Part of Item 16a) Achieving safe, good quality water for urban communities. Respond to concerns about the variability of water quality in metropolitan and rural communities in the future revisions of the Australian Drinking Water Guidelines and in the development of the strategic direction of the National Water Quality Management Strategy. Item 18: Estimation of rural water use This action comes from the 2008–11 COAG work program on water, Actions 55(f) and (g). f. prepare a national plan for estimating rural water use; and g. use plan (in f above) to guide future investments by governments in the modernisation and extension of non-urban water metering. National Water Commission 469 Schedule B – Descriptions of existing reporting deliverables This schedule provides further detail for certain reporting deliverables, as indicated in Table 2. Boxed elements are verbatim extracts from COAG’s response to the NWC’s 2009 Biennial Assessment of the NWI. Reporting Deliverable 5: Continue to publish the National Water Planning Report Card An independently completed National Water Planning Report Card to be published by or on behalf of COAG, reporting progress with the development and implementation of water plans in all water resource systems37 with reference to the Planning Guidelines. The first National Water Planning Report Card will be prepared and published by the NWC by the end of December 2011.38 Subsequent reports are scheduled to be published every two years by a process to be determined following the COAG review of the NWC in 2011. SCEW has tasked senior officials to report at its next meeting on proposed future reporting timelines in the context of the new reporting obligations established under the Murray-Darling Basin Plan. Reports will provide a succinct evaluation of the status of each water plan, including against the following indicators: a) overuse status and whether there is a pathway to return to a sustainable water extraction regime; b) inclusion of clearly identified and measurable outcomes; c) facilitation of water trade (absence of trade barriers, meeting service standards for trade, etc); d) integration of mining, forestry and other water intercepting activities within the water planning and entitlements system where appropriate; e) surface water/groundwater connectivity; f) accountable environmental water management arrangements, together with a comprehensive environmental watering plan (or other appropriate environmental water management arrangement);39 g) the adequacy of monitoring, compliance and enforcement provisions; and h) planning for climate change and extremes in inflows or recharge that may occur during the planning cycle. In addition, the report will assess the adequacy of stakeholder engagement in planning processes and the extent to which identified outcomes have been achieved during the reporting period. Further: Jurisdictions utilise the Planning Guidelines when developing all future plans and plan revisions, incorporating principles within the guidelines to: include specific and measurable outcomes in all water; return overused systems to within their sustainable water extraction regimes; 37 Where a water system does not have a corresponding water plan, the National Water Planning Report Card will report whether a water plan will be developed for that system. Where a jurisdiction determines that a water plan will not be developed for a particular system the reasons for that decision (including whether a risk assessment has been undertaken) will be reported in the National Water Planning Report Card. 38 The NWC will consult with all jurisdictions on the Report Card methodology. 39 It is acknowledged that environmental water management arrangements differ depending on whether environmental water is provided through rules or as entitlement-based water. It is also acknowledged that where an environmental watering plan is developed, that this plan may be in a separate document to the relevant water plan. The Report Card will be flexible enough to cater for differing arrangements. 470 Australia’s water blueprint: national reform assessment 2014 treat surface and groundwater as highly connected unless studies demonstrate otherwise; better integrate water use by forestry, mining and other extractive activities into the water planning process; address the identification, risks, thresholds and management actions required for interception activities as per guidelines establish accountable environmental water managers; based on risk assessments and best practice modelling, ensure that water plans adequately address the likely impacts of future climate change, including extreme flow events in areas where these may occur; and effectively engage stakeholders, including Indigenous people, in water planning. Reporting Deliverable 6: Extend reporting outside the MDB, on agreed price and volumes for all trades of entitlements and allocations Outside of the MDB, jurisdictions to ensure that by the end of 2012:40 41 a) water access entitlement holders participating in a trade are required to report to approval authorities or registers, at the time of seeking trade approval or registration, the agreed price and volumes for all trades of water access entitlements and water allocations; b) approval authorities and registers require pricing information to be provided as a condition of seeking approval and registration; and c) water price information is disclosed to the market in a timely fashion. These actions are consistent with the ACCC’s draft trading rules advice to the MDBA. compliance with these actions requires legislative change, jurisdictions agree to use their best endeavours to enact such legislation within the timeframe. In the interim, jurisdictions agree to implement administrative measures to accurately reveal as much price information as possible. Timing determined in order to be consistent with delivery of the National Water Market System (scheduled to be delivered in September 2012). 40 41 Where National Water Commission 471 Appendix F Intergovernmental Agreement on a National Water Initiative Appendix D: Impacts of water reform: methods, indicators and assessment 472 Australia’s water blueprint: national reform assessment 2014 Appendix F: Intergovernmental Agreement on a National Water Initiative Between the Commonwealth of Australia and the Governments of New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory and the Northern Territory Preamble 1. Water may be viewed as part of Australia’s natural capital, serving a number of important productive, environmental and social objectives. Australia’s water resources are highly variable, reflecting the range of climatic conditions and terrain nationally. In addition, the level of development in Australia’s water resources ranges from heavily regulated working rivers and groundwater resources, through to rivers and aquifers in almost pristine condition. 2. In Australia, water is vested in governments that allow other parties to access and use water for a variety of purposes – whether irrigation, industrial use, mining, servicing rural and urban communities, or for amenity values. Decisions about water management involve balancing sets of economic, environmental and other interests. The framework within which water is allocated attaches both rights and responsibilities to water users – a right to a share of the water made available for extraction at any particular time, and a responsibility to use this water in accordance with usage conditions set by government. Likewise, governments have a responsibility to ensure that water is allocated and used to achieve socially and economically beneficial outcomes in a manner that is environmentally sustainable. 3. The 1994 Council of Australian Governments’ (COAG) water reform framework and subsequent initiatives recognised that better management of Australia’s water resources is a national issue. As a result of these initiatives, States and Territories have made considerable progress towards more efficient and sustainable water management over the past 10 years. For example, most jurisdictions have embarked on a significant program of reforms to their water management regimes, separating water access entitlements from land titles, separating the functions of water delivery from that of regulation, and making explicit provision for environmental water. 4. At the same time, there has been an increase in demand for water, and an increased understanding of the management needs of surface and groundwater systems, including their interconnection. There has also been an enhanced understanding of the requirements for effective and efficient water markets. The current variation in progress with water reforms between regions and jurisdictions, and the expanded knowledge base, creates an opportunity to complement and extend the reform agenda to more fully realise the benefits intended by COAG in 1994. 5. The Parties agree to implement this National Water Initiative (NWI) in recognition of the continuing national imperative to increase the productivity and efficiency of Australia’s water use, the need to service rural and urban communities, and to ensure the health of river and groundwater systems by establishing clear pathways to return all systems to environmentally sustainable levels of extraction. The objective of the Parties in implementing this Agreement is to provide greater certainty for investment and the environment, and underpin the capacity of Australia’s water management regimes to deal with change responsively and fairly (refer paragraph 23). 6. The Parties acknowledge that the NWI builds on the 1994 strategic framework for the efficient and sustainable reform of the Australian water industry (the 1994 COAG framework), as amended in 1996 to include groundwater and stormwater management revisions and by the Tripartite agreement in January 1999. The Parties are committed to meeting their commitments under the 1994 COAGframework and continuing to meet the objectives and policy directions of the 1994 COAG framework in a way that is consistent with the objectives and actions set out in this Agreement. 7. Other natural resource management initiatives having a significant water focus and subject of separate agreements by the Parties, particularly the National Action Plan for Salinity and Water Quality and the Natural Heritage Trust, play an important and complementary role in improving the sustainable management of water in Australia. National Water Commission 473 Continued implementation of the National Water Quality Management Strategy will also complement the outcomes of this Agreement. To the extent that there is any inconsistency between the agreements, the National Water Initiative should take precedence. Implementation 8. The Parties agree that actions under this Agreement will be implemented in accordance with the timetable at Schedule A and in accordance with implementation plans to be developed by each jurisdiction within 12 months of signing this Agreement, to reflect their particular circumstances. The Parties will make substantial progress towards implementation of this Agreement by 2010. 9. The implementation plans will: (i) describe how the actions and timelines agreed in the IGA are to be achieved, including milestones for each key element of the Agreement (paragraph 24 refers); (ii) describe the timing and process for making any consequential changes to water plans and the water access entitlements framework (paragraph 26 refers); (iii) be developed cooperatively between States and Territories which share water resources to ensure appropriate co‑development of those actions which are of a cross‑jurisdictional nature, including registries, trading rules, water products, and environmental outcomes; and (iv) be made publicly available. 10. The Parties agree to the establishment of a National Water Commission (NWC) to assist with the effective implementation of this Agreement. The NWC will accredit implementation plans to ensure consistency with the timetable at Schedule A. 11. The Parties agree that the scheduled 2005 assessment of States’ and Territories’ National Competition Policy water‑related reform commitments will be undertaken by the NWC. 12. This Agreement contains a number of interrelated actions. It is recognised that some actions have already commenced in some jurisdictions. The Parties intend that where necessary to achieve the objectives of the Agreement, actions required may be modified on the basis of further information or analysis. 13. Relevant Parties will review existing cross‑jurisdictional water sharing agreements to ensure their consistency with this Agreement, and identify those instances where any new cross‑jurisdictional agreements may be required to give effect to this Agreement. 14. In relation to the Murray–Darling Basin (MDB): (i) relevant Parties agree to review the 1992 Murray–Darling Basin Agreement, where necessary, to ensure that it is consistent with this Agreement; and (ii) a separate agreement to address the overallocation of water and achievement of environmental objectives in the MDB (‘the MDB Intergovernmental Agreement’) will operate between the Commonwealth Government and the Governments of New South Wales, Victoria, South Australia and the Australian Capital Territory. The MDB Intergovernmental Agreement will be consistent with the objectives, principles and actions identified in this Agreement. Commencement 15. The provisions of this Agreement will commence for each jurisdiction as it becomes a signatory to the Agreement. Interpretation 16. In this Agreement words and phrases that are italicised are to be interpreted by reference to the glossary at Schedule B(i). 17. Recognising the importance of a common lexicon for water use and management, the Parties acknowledge the desirability of adopting within their respective water management frameworks, the words and phrases, and 474 Australia’s water blueprint: national reform assessment 2014 their interpretations, contained in Schedule B(ii). Roles and responsibilities 18. The Natural Resource Management Ministerial Council (NRMMC) will be responsible for: (i) overseeing implementation of this Agreement, in consultation with other Ministerial Councils as necessary and with reference to advice from COAG; and (ii) addressing ongoing implementation issues as they arise. 19. The National Water Commission (NWC) will be responsible for providing advice to COAG on national water issues and to assist in the implementation of this Agreement. The NWC’s institutional structure and role are set out in Schedule C. 20. The States and Territories are responsible for implementing this Agreement within their respective jurisdictions, consistent with their implementation plans (paragraph 9 refers). 21. The Parties are responsible for ensuring there is adequate engagement of relevant stakeholders in the implementation of this Agreement (paragraphs 95–97 refer). 22. The Commonwealth Government will assist in implementation of this Agreement by working with the States and Territories. Objectives 23. Full implementation of this Agreement will result in a nationally‑compatible, market, regulatory and planning based system of managing surface and groundwater resources for rural and urban use that optimises economic, social and environmental outcomes by achieving the following: (i) clear and nationally‑compatible characteristics for secure water access entitlements; (ii) transparent, statutory‑based water planning; (iii) statutory provision for environmental and other public benefit outcomes, and improved environmental management practices; (iv) complete the return of all currently overallocated or overused systems to environmentally-sustainable levels of extraction; (v) progressive removal of barriers to trade in water and meeting other requirements to facilitate the broadening and deepening of the water market, with an open trading market to be in place; (vi) clarity around the assignment of risk arising from future changes in the availability of water for the consumptive pool; (vii) water accounting which is able to meet the information needs of different water systems in respect to planning, monitoring, trading, environmental management and on‑farm management; (viii) policy settings which facilitate water use efficiency and innovation in urban and rural areas; (ix) addressing future adjustment issues that may impact on water users and communities; and (x) recognition of the connectivity between surface and groundwater resources and connected systems managed as a single resource. Key elements 24. Agreed outcomes and commitments to specific actions are set out on the basis of the following key elements: (i) Water Access Entitlements and Planning Framework; (ii) (iii) (iv) (v) Water Markets and Trading; Best Practice Water Pricing; Integrated Management of Water for Environmental and Other Public Benefit Outcomes; Water Resource Accounting; (vi) Urban Water Reform; (vii) Knowledge and Capacity Building; and (viii) Community Partnerships and Adjustment. Water Access Entitlements and Planning Framework National Water Commission 475 Outcomes 25. The Parties agree that, once initiated, their water access entitlements and planning frameworks will: (i) enhance the security and commercial certainty of water access entitlements by clearly specifying the statutory nature of those entitlements; (ii) provide a statutory basis for environmental and other public benefit outcomes in surface and groundwater systems to protect water sources and their dependent ecosystems; (iii) be characterised by planning processes in which there is adequate opportunity for productive, environmental and other public benefit considerations to be identified and considered in an open and transparent way; (iv) provide for adaptive management of surface and groundwater systems in order to meet productive, environmental and other public benefit outcomes; (v) implement firm pathways and open processes for returning previously overallocated and/or overdrawn surface and groundwater systems to environmentally-sustainable levels of extraction; (vi) clearly assign the risks arising from future changes to the consumptive pool; (vii) in the case of water access entitlements, be compatible across jurisdictions to improve investment certainty, be competitively neutral and to minimise transaction costs on water trades (where relevant); (viii) reflect regional differences in the variability of water supply and the state of knowledge underpinning regional allocation decisions; (ix) recognise indigenous needs in relation to water access and management; (x) identify and acknowledge surface and groundwater systems of high conservation value, and manage these systems to protect and enhance those values; and (xi) protect the integrity of water access entitlements from unregulated growth in interception through land‑use change. Actions 26. The Parties agree that the general approach to implementing the entitlements and allocation framework will be to: (i) substantially complete plans to address any existing overallocation for all river systems and groundwater resources in accordance with commitments under the 1994 COAG water reform framework by 2005; (ii) incorporate the elements of the entitlements and allocation framework in this Agreement that are missing or deficient in existing water entitlement frameworks, into their legislative and administrative regimes by 2006; (iii) review any plans developed for the 1994 COAG framework to ensure that they now meet the requirements of this Agreement in terms of transparency of process, reporting arrangements and risk assignment; (iv) immediately proceed on a priority basis to develop any new plans, consistent with paragraph 38; and (v) apply the risk assignment framework (paragraphs 46–51 refer) once plans are initialised under this Agreement. 27. Recognising that States and Territories retain the vested rights to the use, flow and control of water, they agree to modify their existing legislation and administrative regimes where necessary to ensure that their water access entitlement and planning frameworks incorporate the features identified in paragraphs 28–57 below. Water Access Entitlements 28. The consumptive use of water will require a water access entitlement, separate from land, to be described as a perpetual or open‑ended share of the consumptive pool of a specified water resource, as determined by the relevant water plan (paragraphs 36 to 40 refer), subject to the provisions at paragraph 33. 29. The allocation of water to a water access entitlement will be made consistent with a water plan (paragraph 36 refers). 30. Regulatory approvals enabling water use at a particular site for a particular purpose will be specified separately to the water access entitlement, consistent with the principles set out in Schedule D. 31. Water access entitlements will: 476 Australia’s water blueprint: national reform assessment 2014 (i) (ii) specify the essential characteristics of the water product; be exclusive; (iii) be able to be traded, given, bequeathed or leased; (iv) be able to be subdivided or amalgamated; (v) be mortgageable (and in this respect have similar status as freehold land when used as collateral for accessing finance); (vi) be enforceable and enforced; and (vii) be recorded in publicly‑accessible reliable water registers that foster public confidence and state unambiguously who owns the entitlement, and the nature of any encumbrances on it (paragraph 59 refers). 32. Water access entitlements will also: (i) clearly indicate the responsibilities and obligations of the entitlement holder consistent with the water plan relevant to the source of the water; (ii) only be able to be cancelled at Ministerial and agency discretion where the responsibilities and obligations of the entitlement holder have clearly been breached; (iii) be able to be varied, for example to change extraction conditions, where mutually agreed between the government and the entitlement holder; and (iv) be subject to any provisions relating to access of water during emergencies, as specified by legislation in each jurisdiction. 33. The provisions in paragraphs 28–32 are subject to the following provisions: (i) fixed term or other types of entitlements such as annual licences will only be issued for consumptive use where this is demonstrably necessary, such as in Western Australia with poorly understood and/or less developed water resources, and/or where the access is contingent upon opportunistic allocations, and/or where the access is provided temporarily as part of an adjustment strategy, or where trading may otherwise not be appropriate. In some cases, a statutory right to extract water may be appropriate; and (ii) an ongoing process will be in place to assess the risks of expected development and demand on resources in poorly understood or undeveloped areas, with a view to moving these areas to a full entitlement framework when this becomes appropriate for their efficient management (paragraph 38 refers). 34. The Parties agree that there may be special circumstances facing the minerals and petroleum sectors that will need to be addressed by policies and measures beyond the scope of this Agreement. In this context, the Parties note that specific project proposals will be assessed according to environmental, economic and social considerations, and that factors specific to resource development projects, such as isolation, relatively short project duration, water quality issues, and obligations to remediate and offset impacts, may require specific management arrangements outside the scope of this Agreement. Environmental and Other Public Benefit Outcomes 35. Water that is provided by the States and Territories to meet agreed environmental and other public benefit outcomes as defined within relevant water plans (paragraphs 36 to 40 refer) is to: (i) be given statutory recognition and have at least the same degree of security as water access entitlements for consumptive use and be fully accounted for; (ii) be defined as the water management arrangements required to meet the outcomes sought, including water provided on a rules basis or held as a water access entitlement; and (iii) if held as a water access entitlement, may be made available to be traded (where physically possible) on the temporary market, when not required to meet the environmental and other public benefit outcomes sought and provided such trading is not in conflict with those outcomes. Water Planning 36. Recognising that settling the trade‑offs between competing outcomes for water systems will involve judgements informed by best available science, socio‑economic analysis and community input, statutory water plans will be prepared for surface water and groundwater management units in which entitlements are National Water Commission 477 issued (subject to paragraph 38). Water planning is an important mechanism to assist governments and the community to determine water management and allocation decisions to meet productive, environmental and social objectives. 37. Broadly, water planning by States and Territories will provide for: (i) secure ecological outcomes by describing the environmental and other public benefit outcomes for water systems and defining the appropriate water management arrangements to achieve those outcomes; and (ii) resource security outcomes by determining the shares in the consumptive pool and the rules to allocate water during the life of the plan. 38. The relevant State or Territory will determine whether a plan is prepared, what area it should cover, the level of detail required, its duration or frequency of review, and the amount of resources devoted to its preparation based on an assessment of the level of development of water systems, projected future consumptive demand and the risks of not having a detailed plan. 39. States and Territories will prepare water plans along the lines of the characteristics and components at Schedule E. 40. In the implementation of water plans, the Parties will, consistent with the nature and intensity of resource use: (i) monitor the performance of water plan objectives, outcomes and water management arrangements; (ii) factor in knowledge improvements as provided for in the plans; and (iii) provide regular public reports. The reporting will be designed to help water users and governments to manage risk, and be timed to give early indications of possible changes to the consumptive pool. Addressing Currently Overallocated and/or Overused Systems 41. The Parties note that existing commitments under National Competition Policy (ref. COAG Tripartite Agreement Clause 1) arrangements require that allocations to provide a better balance in water resource use (including appropriate allocations to the environment) for all river systems and groundwater resources which have been overallocated or are deemed to be stressed and identified in their agreed National Competition Council (NCC) endorsed individual implementation programs, must be substantially completed by 2005. 42. This Agreement will not delay nor extend timeframes for current National Competition Policy commitments. 43. The Parties further agree that with respect to surface and groundwater resources not covered by the individual NCC endorsed implementation plans, and subject to paragraph 38, States and Territories will determine in accordance with the relevant water plan, the precise pathway by which any of those systems found to be overallocated and/or overused as defined in the water planning process will be adjusted to address the overallocation or overuse, and meet the environmental and other public benefit outcomes. 44. Subject to paragraph 41, States and Territories agree that substantial progress will be made by 2010 towards adjusting all overallocated and/or overused systems in accordance with the timelines indicated in their implementation plans. 45. Parties agree to address significant adjustment issues affecting water users, in accordance with paragraph 97. Assigning Risks for Changes in Allocation 46. The following risk assignment framework is intended to apply to any future reductions in the availability of water for consumptive use, that are additional to those identified for the purpose of addressing known overallocation and/or overuse in accordance with pathways agreed under the provisions in paragraphs 41 to 45 above. 47. The Parties agree that an effective risk assignment framework occurs in the context that: the new share‑based water access entitlements framework has been established; water plans have been transparently developed to determine water allocation for the entitlements; regular reporting of progress with implementing plans is occurring; and a pathway for dealing with known overallocation and/or overuse has been agreed. 48. Water access entitlement holders are to bear the risks of any reduction or less reliable water allocation, under their water access entitlements, arising from reductions to the consumptive pool as a result of: 478 Australia’s water blueprint: national reform assessment 2014 (i) seasonal or long‑term changes in climate; and (ii) periodic natural events such as bushfires and drought. 49. The risks of any reduction or less reliable water allocation under a water access entitlement, arising as a result of bona fide improvements in the knowledge of water systems’ capacity to sustain particular extraction levels are to be borne by users up to 2014. Risks arising under comprehensive water plans commencing or renewed after 2014 are to be shared over each ten year period in the following way: (i) water access entitlement holders to bear the first 3% reduction in water allocation under a water access entitlement; (ii) State/Territory governments and the Commonwealth Government to share one‑third and two‑thirds respectively reductions in water allocation under water access entitlements of between 3% and 6%; and (iii) State/Territory and Commonwealth governments to equally share reductions in water allocation under water access entitlements greater than 6%. 50. Governments are to bear the risks of any reduction or less reliable water allocation that is not previously provided for, arising from changes in government policy (for example, new environmental objectives). In such cases, governments may recover this water in accordance with the principles for assessing the most efficient and cost effective measures for water recovery (paragraph 79 (ii) (a) refers). 51. Alternatively, the Parties agree that where affected parties, including water access entitlement holders, environmental stakeholders and the relevant government agree, on a voluntary basis, to a different risk sharing formula to that proposed in paragraphs 48–50 above, that this will be an acceptable approach. Indigenous Access 52. The Parties will provide for indigenous access to water resources, in accordance with relevant Commonwealth, State and Territory legislation, through planning processes that ensure: (i) inclusion of indigenous representation in water planning wherever possible; and (ii) water plans will incorporate indigenous social, spiritual and customary objectives and strategies for achieving these objectives wherever they can be developed. 53. Water planning processes will take account of the possible existence of native title rights to water in the catchment or aquifer area. The Parties note that plans may need to allocate water to native title holders following the recognition of native title rights in water under the Commonwealth Native Title Act 1993. 54. Water allocated to native title holders for traditional cultural purposes will be accounted for. Interception 55. The Parties recognise that a number of land use change activities have potential to intercept significant volumes of surface and/or ground water now and in the future. Examples of such activities that are of concern, many of which are currently undertaken without a water access entitlement, include: (i) farm dams and bores; (ii) intercepting and storing of overland flows; and (iii) large‑scale plantation forestry. 56. The Parties also recognise that if these activities are not subject to some form of planning and regulation, they present a risk to the future integrity of water access entitlements and the achievement of environmental objectives for water systems. The intention is therefore to assess the significance of such activities on catchments and aquifers, based on an understanding of the total water cycle, the economic and environmental costs and benefits of the activities of concern, and to apply appropriate planning, management and/or regulatory measures where necessary to protect the integrity of the water access entitlements system and the achievement of environmental objectives. 57. Accordingly, the Parties agree to implement the following measures in relation to water interception on a priority basis in accordance with the timetable contained in their implementation plans, and no later than 2011: (i) in water systems that are fully allocated, overallocated, or approaching full allocation:‑ (a) interception activities that are assessed as being significant should be recorded (for example, National Water Commission 479 through a licensing system); (b) any proposals for additional interception activities above an agreed threshold size, will require a water access entitlement: − the threshold size will be determined for the entire water system covered by a water plan, having regard to regional circumstances and taking account of both the positive and negative impacts of water interception on regional (including cross‑border) natural resource management outcomes (for example, the control of rising water tables by plantations); and − the threshold may not apply to activities for restricted purposes, such as contaminated water from intensive livestock operations; (c)a robust compliance monitoring regime will be implemented; and (ii) in water systems that are not yet fully allocated, or approaching full allocation: (a) significant interception activities should be identified and estimates made of the amount of water likely to be intercepted by those activities over the life of the relevant water plan; (b) an appropriate threshold level will be calculated of water interception by the significant interception activities that is allowable without a water access entitlement across the entire water system covered by the plan: − this threshold level should be determined as per paragraph 57(i)b) above; and (c)progress of the catchment or aquifer towards either full allocation or the threshold level of interception should be regularly monitored and publicly reported: − once the threshold level of interception is reached, or the system is approaching full allocation, all additional proposals for significant interception activities will require a water access entitlement unless for activities for restricted purposes, such as contaminated water from intensive livestock operations. Water Markets and Trading Outcomes 58. The States and Territories agree that their water market and trading arrangements will: (i) facilitate the operation of efficient water markets and the opportunities for trading, within and between States and Territories, where water systems are physically shared or hydrologic connections and water supply considerations will permit water trading; (ii) minimise transaction costs on water trades, including through good information flows in the market and compatible entitlement, registry, regulatory and other arrangements across jurisdictions; (iii) enable the appropriate mix of water products to develop based on access entitlements which can be traded either in whole or in part, and either temporarily or permanently, or through lease arrangements or other trading options that may evolve over time; (iv) recognise and protect the needs of the environment; and (v) provide appropriate protection of third‑party interests. Actions 59. The States and Territories agree to have in place pathways by 2004, leading to full implementation by 2006, of compatible, publicly‑accessible and reliable water registers of all water access entitlements and trades (both permanent and temporary) on a whole of basin or catchment basis, consistent with the principles in Schedule F. The Parties recognise that in some instances water service providers will be responsible for recording details of temporary trades. 60. The States and Territories agree to establish by 2007 compatible institutional and regulatory arrangements that facilitate intra and interstate trade, and manage differences in entitlement reliability, supply losses, supply source constraints, trading between systems, and cap requirements, including: (i) principles for trading rules to address resource management and infrastructure delivery considerations, as set out in Schedule G; (ii) 480 where appropriate, the use of water access entitlement exchange rates and/or water access entitlement Australia’s water blueprint: national reform assessment 2014 tagging and a system of trading zones to simplify administration; (iii) the application of consistent pricing policies (refer paragraph 64 below); (iv) in respect of any existing institutional barriers to intra and interstate trade: (a) immediate removal of barriers to temporary trade; (b) immediate removal of barriers to permanent trade out of water irrigation areas up to an annual threshold limit of four percent of the total water entitlement of that area, subject to a review by 2009 with a move to full and open trade by 2014 at the latest, except in the southern Murray–Darling Basin where action to remove barriers to trade is agreed as set out under paragraph 63; and (c)jurisdictions may remove barriers earlier than those in (b) above; (v) subject to (i) above, no imposition of new barriers to trade, including in the form of arrangements for addressing stranded assets; and (vi) where appropriate, implementing measures to facilitate the rationalisation of inefficient infrastructure or unsustainable irrigation supply schemes, including consideration of the need for any structural adjustment assistance (paragraph 97 refers). 61. To support the above actions on trading, the Parties also agree to complete the following studies and to consider implementation of any recommendations by June 2005: (i) a study taking into account work already underway, on effective market and regulatory mechanisms for sharing delivery capacity and extraction rates among water users, where necessary to enhance the operation of water markets and make recommendations to implement efficient ways to manage changes in water usage patterns, channel capacity constraints and water quality issues; (ii) a study to facilitate cross system compatibility, that analyses the existing product mix, proposes possible choices of product mix, makes recommendations on the desirable model and proposes a transition path for implementation; and (iii) a study to assess the feasibility of establishing market mechanisms such as tradeable salinity and pollution credits to provide incentives for investment in water‑use efficiency and farm management strategies and for dealing with environmental externalities. 62. Recognising the need to manage the impacts of assets potentially stranded by trade out of serviced areas, the Parties agree to ensure that support mechanisms used for this purpose, such as access and exit fees and retail tagging, do not become an institutional barrier to trade (paragraph 60(v) refers). 63. In regard to the Southern Murray–Darling Basin, the relevant Parties (Commonwealth, New South Wales, Victoria and South Australia) that are members of the Murray–Darling Basin Ministerial Council agree to: (i) take all steps necessary, including making any corresponding legislative and administrative changes, to enable exchange rates and/or tagging of water access entitlements traded from interstate sources to buyers in their jurisdictions by June 2005; (ii) reduce barriers to trade in the Southern Murray–Darling Basin by taking the necessary legislative and other actions to permit open trade and ensure competitive neutrality, and to establish an interim threshold limit on the level of permanent trade out of all water irrigation areas of four per cent per annum of the total water access entitlement for the water irrigation area by June 2005, including: (a) in the case of NSW, making necessary legislative changes to give effect to a Heads of Agreement between Government and major irrigation corporations to permit increased trade, including to remove barriers to trade up to the above interim threshold limit; and (b) in the case of Victoria and South Australia, bringing into effect change to permit increased trade including to remove barriers to trade up to the above interim threshold level, in the respective Authorities and Trusts, at the same time that NSW amends its legislation; (iii) review the above actions in June 2005 to assess whether all relevant parties have met their obligations to enable achievement of the interim threshold; (iv) a study into the legal, commercial and technical mechanisms necessary to enable interstate trade to commence in the Southern Murray–Darling Basin by June 2005; (v) review the outcome of 63(ii)(a) by 2007 and, if the actions are shown to be insufficient to ensure the desired level of open trade, to take any further action, including legislation, determined necessary to National Water Commission 481 achieve the desired opening of water trading markets in the Southern Murray–Darling Basin; (vi) the National Water Commission monitoring the impacts of interstate trade and advising the relevant Parties on any issues arising; and (vii) review the impact of trade under the interim threshold in 2009, with a view to raising the threshold to a higher level if considered appropriate. Best Practice Water Pricing and Institutional Arrangements Outcomes 64. The Parties agree to implement water pricing and institutional arrangements which: (i) promote economically efficient and sustainable use of: (a) water resources; (b) water infrastructure assets; and (c)government resources devoted to the management of water; (ii) ensure sufficient revenue streams to allow efficient delivery of the required services; (iii) facilitate the efficient functioning of water markets, including inter‑jurisdictional water markets, and in both rural and urban settings; (iv) give effect to the principles of user‑pays and achieve pricing transparency in respect of water storage and delivery in irrigation systems and cost recovery for water planning and management; (v) avoid perverse or unintended pricing outcomes; and (vi) provide appropriate mechanisms for the release of unallocated water. Actions Water Storage and Delivery Pricing 65. In accordance with NCP commitments, the States and Territories agree to bring into effect pricing policies for water storage and delivery in rural and urban systems that facilitate efficient water use and trade in water entitlements, including through the use of: (i) consumption based pricing; (ii) full cost recovery for water services to ensure business viability and avoid monopoly rents, including recovery of environmental externalities, where feasible and practical; and (iii) consistency in pricing policies across sectors and jurisdictions where entitlements are able to be traded. 66. In particular, States and Territories agree to the following pricing actions: Metropolitan (i) continued movement towards upper bound pricing by 2008; (ii) development of pricing policies for recycled water and stormwater that are congruent with pricing policies for potable water, and stimulate efficient water use no matter what the source, by 2006; (iii) review and development of pricing policies for trade wastes that encourage the most cost effective methods of treating industrial wastes, whether at the source or at downstream plants, by 2006; and (iv) development of national guidelines for customers’ water accounts that provide information on their water use relative to equivalent households in the community by 2006; Rural and Regional (v) full cost recovery for all rural surface and groundwater based systems, recognising that there will be some small community services that will never be economically viable but need to be maintained to meet social and public health obligations: (a) achievement of lower bound pricing for all rural systems in line with existing NCP commitments; (b) continued movement towards upper bound pricing for all rural systems, where practicable; and (c)where full cost recovery is unlikely to be achieved in the long term and a Community Service Obligation (CSO) is deemed necessary, the size of the subsidy is to be reported publicly and, where practicable, jurisdictions to consider alternative management arrangements aimed at removing the need for an ongoing CSO. Cost Recovery for Planning and Management 482 Australia’s water blueprint: national reform assessment 2014 67. The States and Territories agree to bring into effect consistent approaches to pricing and attributing costs of water planning and management by 2006, involving: (i) the identification of all costs associated with water planning and management, including the costs of underpinning water markets such as the provision of registers, accounting and measurement frameworks and performance monitoring and benchmarking; (ii) the identification of the proportion of costs that can be attributed to water access entitlement holders consistent with the principles below: (a) charges exclude activities undertaken for the Government (such as policy development, and Ministerial or Parliamentary services); and (b) charges are linked as closely as possible to the costs of activities or products. 68. The States and Territories agree to report publicly on cost recovery for water planning and management as part of annual reporting requirements, including: (i) the total cost of water planning and management; and (ii) the proportion of the total cost of water planning and management attributed to water access entitlement holders and the basis upon which this proportion is determined. Investment in new or refurbished infrastructure 69. The Parties agree to ensure that proposals for investment in new or refurbished water infrastructure continue to be assessed as economically viable and ecologically sustainable prior to the investment occurring (noting paragraph 66 (v)). Release of unallocated water 70. Release of unallocated water will be a matter for States and Territories to determine. Any release of unallocated water should be managed in the context of encouraging the sustainable and efficient use of scarce water resources. 71. If a release is justified, generally, it should occur only where alternative ways of meeting water demands, such as through water trading, making use of the unused parts of existing entitlements or by increasing water use efficiency, have been fully explored. 72. To the extent practicable, releases should occur through market‑based mechanisms. Environmental Externalities 73. The States and Territories agree to: (i) continue to manage environmental externalities through a range of regulatory measures (such as through setting extraction limits in water management plans and by specifying the conditions for the use of water in water use licences); (ii) continue to examine the feasibility of using market based mechanisms such as pricing to account for positive and negative environmental externalities associated with water use; and (iii) implement pricing that includes externalities where found to be feasible. Institutional Reform 74. The Parties agree that as far as possible, the roles of water resource management, standard setting and regulatory enforcement and service provision continue to be separated institutionally. Benchmarking Efficient Performance 75. The States and Territories will be required to report independently, publicly, and on an annual basis, benchmarking of pricing and service quality for metropolitan, non‑metropolitan and rural water delivery agencies. Such reports will be made on the basis of a nationally consistent framework to be developed by the Parties by 2005, taking account of existing information collection including: (i) the major metropolitan inter‑agency performance and benchmarking system managed by the Water (ii) Services Association of Australia; the non‑major metropolitan inter‑agency performance and benchmarking system managed by the Australian Water Association ; and (iii) the irrigation industry performance monitoring and benchmarking system, currently being managed by the National Water Commission 483 Australian National Committee on Irrigation and Drainage. 76. Costs of operating the above performance and benchmarking systems are to be met by jurisdictions through recovery of water management costs. Independent pricing regulator 77. The Parties agree to use independent bodies to: (i) set or review prices, or price setting processes, for water storage and delivery by government water service providers, on a case‑by‑case basis, consistent with the principles in paragraphs 65 to 68 above; and (ii) publicly review and report on pricing in government and private water service providers to ensure that the principles in paragraphs 65 to 68 above are met. Integrated Management of Environmental Water Outcome 78. The Parties agree that the outcome for integrated management of environmental water is to identify within water resource planning frameworks the environmental and other public benefit outcomes sought for water systems and to develop and implement management practices and institutional arrangements that will achieve those outcomes by: (i) identifying the desired environmental and other public benefit outcomes with as much specificity as possible; (ii) establishing and equipping accountable environmental water managers with the necessary authority and resources to provide sufficient water at the right times and places to achieve the environmental and other public benefit outcomes, including across State/Territory boundaries where relevant; and (iii) optimising the cost effectiveness of measures to provide water for these outcomes. Actions 79. Recognising the different types of surface water and groundwater systems, in particular the varying nature and intensity of resource use, and recognising the requirements to identify environmental and other public benefit outcomes in water plans, and describe the water management arrangements necessary to meet those outcomes (paragraph 35.ii) refers), the States and Territories agree to: (i) establish effective and efficient management and institutional arrangements to ensure the achievement of the environmental and other public benefit outcomes, including: (a) environmental water managers that are accountable for the management of environmental water provisions and the achievement of environmental and other public benefit outcomes; (b) joint arrangements where resources are shared between jurisdictions; (c)common arrangements in the case of significantly inter‑connected groundwater and surface water systems; (d) periodic independent audit, review and public reporting of the achievement of environmental and other public benefit outcomes and the adequacy of the water provision and management arrangements in achieving those outcomes; (e) the ability for environmental water managers to trade water on temporary markets at times such water is not required to contribute towards environmental and other public benefit outcomes (consistent with paragraph 35(iii)); (ii) 484 (f) any special requirements needed for the environmental values and water management arrangements necessary to sustain high conservation value rivers, reaches and groundwater areas; where it is necessary to recover water to achieve modified environmental and other public benefit outcomes, to adopt the following principles for determining the most effective and efficient mix of water recovery measures: (a) consideration of all available options for water recovery, including: − investment in more efficient water infrastructure; − purchase of water on the market, by tender or other market based mechanisms; − investment in more efficient water management practices, including measurement; or Australia’s water blueprint: national reform assessment 2014 − investment in behavioural change to reduce urban water consumption; (b) assessment of the socio‑economic costs and benefits of the most prospective options, including on downstream users, and the implications for wider natural resource management outcomes (eg. impacts on water quality or salinity); and (c)selection of measures primarily on the basis of cost‑effectiveness, and with a view to managing socio‑economic impacts. Water Resource Accounting Outcome 80. The Parties agree that the outcome of water resource accounting is to ensure that adequate measurement, monitoring and reporting systems are in place in all jurisdictions, to support public and investor confidence in the amount of water being traded, extracted for consumptive use, and recovered and managed for environmental and other public benefit outcomes. Actions Benchmarking of Accounting Systems 81. Recognising that a national framework for comparison of water accounting systems can encourage continuous improvement leading to adoption of best practice, the Parties agree to benchmark jurisdictional water accounting systems on a national scale by June 2005, including: (i) state based water entitlement registering systems; (ii) water service provider water accounting systems; (iii) water service provider water use/delivery efficiency; and (iv) jurisdictional/system water and related data bases. Consolidated Water Accounts 82. Recognising that robust water accounting will protect the integrity of the access entitlement system, the Parties agree to develop and implement by 2006: (i) accounting system standards, particularly where jurisdictions share the resources of river systems and where water markets are operating; (ii) standardised reporting formats to enable ready comparison of water use, compliance against entitlements and trading information; (iii) water resource accounts that can be reconciled annually and aggregated to produce a national water balance, including: (a) a water balance covering all significant water use, for all managed water resource systems; (b) systems to integrate the accounting of groundwater and surface water use where close interaction between groundwater aquifers and streamflow exist; and (c)consideration of land use change, climate change and other externalities as elements of the water balance. 83. States and Territories agree to identify by end 2005 situations where close interaction between groundwater aquifers and streamflow exist and implement by 2008 systems to integrate the accounting of groundwater and surface water use. Environmental Water Accounting 84. The Parties agree that principles for environmental water accounting will be developed and applied in the context of consolidated water accounts in paragraph 82. 85. The Parties further agree to develop by mid 2005 and apply by mid 2006: (i) a compatible register of new and existing environmental water (consistent with paragraph 35) showing all relevant details of source, location, volume, security, use, environmental outcomes sought and type; and (ii) annual reporting arrangements to include reporting on the environmental water rules, whether or not they were activated in a particular year, the extent to which rules were implemented and the overall effectiveness of the use of resources in the context of the environmental and other public benefit outcomes sought and achieved. National Water Commission 485 Information 86. States and Territories agree to: (i) (ii) improve the coordination of data collection and management systems to facilitate better sharing of this information; develop partnerships in data collection and storage; and (iii) identify best practice in data management systems for broad adoption. Metering and Measuring 87. The Parties agree that generally metering should be undertaken on a consistent basis in the following circumstances: (i) for categories of entitlements identified in a water planning process as requiring metering; (ii) where water access entitlements are traded; (iii) in an area where there are disputes over the sharing of available water; (iv) where new entitlements are issued; or (v) where there is a community demand. 88. Recognising that information available from metering needs to be practical, credible and reliable, the Parties agree to develop by 2006 and apply by 2007: (i) a national meter specification; (ii) national meter standards specifying the installation of meters in conjunction with the meter specification; and (iii) national standards for ancillary data collection systems associated with meters. Reporting 89. The Parties agree to develop by mid 2005 and apply national guidelines by 2007 covering the application, scale, detail and frequency for open reporting addressing: (i) metered water use and associated compliance and enforcement actions; (ii) trade outcomes; (iii) environmental water releases and management actions; and (iv) availability of water access entitlements against the rules for availability and use. Urban Water Reform Outcome 90. The Parties agree that the outcome for urban water reform is to: (i) provide healthy, safe and reliable water supplies; (ii) increase water use efficiency in domestic and commercial settings; (iii) encourage the re‑use and recycling of wastewater where cost effective; (iv) facilitate water trading between and within the urban and rural sectors; (v) encourage innovation in water supply sourcing, treatment, storage and discharge; and (vi) achieve improved pricing for metropolitan water (consistent with paragraph 66.i)to 66.iv)). Actions Demand Management 91. States and Territories agree to undertake the following actions in regard to demand management by 2006: (i) legislation to implement the Water Efficiency Labelling Scheme (WELS) to be in place in all jurisdictions and regulator undertaking compliance activity by 2005, including mandatory labelling and minimum standards for agreed appliances; (ii) develop and implement a ‘Smart Water Mark’ for household gardens, including garden irrigation equipment, garden designs and plants; (iii) review the effectiveness of temporary water restrictions and associated public education strategies, and assess the scope for extending low level restrictions as standard practice; and (iv) prioritise and implement, where cost effective, management responses to water supply and discharge 486 Australia’s water blueprint: national reform assessment 2014 system losses including leakage, excess pressure, overflows and other maintenance needs. Innovation and Capacity Building to Create Water Sensitive Australian Cities 92. The Parties agree to undertake the following actions in regard to innovation: (i) develop national health and environmental guidelines for priority elements of water sensitive urban designs (initially recycled water and stormwater) by 2005; (ii) develop national guidelines for evaluating options for water sensitive urban developments, both in new urban sub‑divisions and high rise buildings by 2006; (iii) evaluate existing ‘icon water sensitive urban developments’ to identify gaps in knowledge and lessons for future strategically located developments by 2005; (iv) review the institutional and regulatory models for achieving integrated urban water cycle planning and management, followed by preparation of best practice guidelines by 2006; and (v) review of incentives to stimulate innovation by 2006. Community Partnerships and Adjustment Outcome 93. Parties agree that the outcome is to engage water users and other stakeholders in achieving the objectives of this Agreement by: (i) improving certainty and building confidence in reform processes; (ii) transparency in decision making; and (iii) ensuring sound information is available to all sectors at key decision points. 94. Parties also agree to address adjustment issues raised by the implementation of this Agreement. Actions 95. States and Territories agree to ensure open and timely consultation with all stakeholders in relation to: (i) pathways for returning overdrawn surface and groundwater systems to environmentally sustainable extraction levels (paragraphs 41 to 45 refer); (ii) the periodic review of water plans (paragraph 398 refers); and (iii) other significant decisions that may affect the security of water access entitlements or the sustainability of water use. 96. States and Territories agree to provide accurate and timely information to all relevant stakeholders regarding: (i) progress with the implementation of water plans, including the achievement of objectives and likely future trends regarding the size of the consumptive pool; and (ii) other issues relevant to the security of water access entitlements and the sustainability of water use, including the science underpinning the identification and implementation of environmental and other public benefit outcomes. 97. The Parties agree to address significant adjustment issues affecting water access entitlement holders and communities that may arise from reductions in water availability as a result of implementing the reforms proposed in this Agreement. (i) States and Territories will consult with affected water users, communities and associated industry on possible appropriate responses to address these impacts, taking into account factors including: (a) possible trade‑offs between higher reliability and lower absolute amounts of water; (b) the fact that water users have benefited from using the resource in the past; (ii) (c)the scale of the changes sought and the speed with which they are to be implemented (including consideration of previous changes in water availability); and (d) the risk assignment framework referred to in paragraphs 46 to 51. The Commonwealth Government commits itself to discussing with signatories to this Agreement assistance to affected regions on a case by case basis (including set up costs), noting that it reserves the right to initiate projects on its own behalf. National Water Commission 487 Knowledge and Capacity Building 98. This Agreement identifies a number of areas where there are significant knowledge and capacity building needs for its ongoing implementation. These include: regional water accounts and assessment of availability through time and across catchments; changes to water availability from climate and land use change; interaction between surface and groundwater components of the water cycle; demonstrating ecological outcomes from environmental flow management; improvements in farm, irrigation system and catchment water use efficiency; catchment processes that impact on water quality; improvements in urban water use efficiency; and independent reviews of the knowledge base. 99. There are significant national investments in knowledge and capacity building in water, including through the Cooperative Research programme, CSIRO Water Flagship and Land and Water Australia, State agencies, local government and higher education institutions. Scientific, technical and social aspects of water management are multi‑ disciplinary and extend beyond the capacity of any single research institution. Outcome 100. Parties agree that the outcome of knowledge and capacity building will assist in underpinning implementation of this Agreement. Actions 101. Parties agree to: (i) identify the key knowledge and capacity building priorities needed to support ongoing implementation of this Agreement; and (ii) identify and implement proposals to more effectively coordinate the national water knowledge effort. Variation 102. This Agreement may be amended at the request of one of the Parties, subject to the agreement of all the Parties. 103. All Parties agree to notify and consult each other on matters that come to their attention that may improve the operation of the Agreement. Monitoring and review 104. The Natural Resource Management Ministerial Council (NRMMC) will: (i) commencing in 2005 provide annual reports to COAG on progress with the actions being taken by jurisdictions in implementing this Agreement; and (ii) in consultation with the National Water Commission (NWC), develop by mid 2005, a comprehensive national set of performance indicators for this Agreement. The indicators should, where possible, draw on existing indicators and include initialisation of water access entitlements, environmental water, water use efficiency, water pricing and water trading. 105. The NWC will: (i) undertake a baseline assessment of the water resource and governance arrangements, based on existing work by the Parties and undertaking further work only where required; (ii) accredit implementation plans to be developed by each jurisdiction, in accordance with paragraph 9, by mid‑2005; (iii) assess the implementation plans towards achieving the objectives and outcomes of this Agreement within agreed timeframes on the basis of its baseline assessment above and jurisdictions’ self assessment of their respective implementation plans; (iv) report to COAG on accreditation of the implementation plans by 2006; and (v) report to the Commonwealth Government on compliance with any outstanding commitments under the 1994 COAG framework. 106. The NWC will, commencing in 2006–07, undertake: (i) 488 biennial assessments of progress with the NWI Agreement and State and Territory implementation plans, Australia’s water blueprint: national reform assessment 2014 (ii) and advice on actions required to better realise the objectives and outcomes of the Agreement; a third biennial assessment in 2010–11 in the form of a comprehensive review of the Agreement against the indicators developed by the NRMMC referred to in paragraph 104(ii) above, and an assessment of the extent to which actions undertaken in this Agreement contribute to the national interest and the impacts of implementing this Agreement on regional, rural and urban communities; and (iii) biennial assessments of the performance of the water industry against national benchmarks, in areas such as irrigation efficiency, water management costs and water pricing. 107. The NWC reports to COAG will be publicly available. 108. Drawing on the NWC assessment in 2010–11, COAG will review the objectives and operation of the NWC in 2011. National Water Commission 489 Signed for and on behalf of each of the parties by: The Honourable John Winston Howard MP ) Prime Minister of the Commonwealth of Australia The Honourable Robert John Carr MP Premier of New South Wales ) ) The Honourable Stephen Phillip Bracks MP Premier of Victoria ) ) The Honourable Peter Beattie MP Premier of Queensland ) ) The Honourable Michael Rann MP Premier of South Australia ) ) Jonathon Donald Stanhope MLA ) Chief Minister of the Australian Capital Territory The Honourable Clare Martin MLA Chief Minister of the Northern Territory 25 June 2004 490 Australia’s water blueprint: national reform assessment 2014 ) ) ) ) Schedule A: Timeline for implementation of key actions Date IGA paragraphs Responsibility • Establish a National Water Commission end 2004 10 All Parties • Jurisdictions to develop implementation plans. June 2005 8 States1 • Substantial progress towards implementation of this Agreement 2010 8 All Parties − substantial completion of plans to address any existing overallocation for all river systems and groundwater resources in accordance with commitments under the 1994 COAG water reform framework − Legislative and administrative regimes amended to incorporate the elements of the entitlements and allocation framework in this Agreement end 2005 26 (i) end 2006 26(ii) • Water access entitlements to be defined and implemented • Water to meet environmental and other public benefit outcomes immediate immediate 28–34 35 States States end 2007 end 2009 39–40 39–40 States States 2005 end 2010 41 43–45 States All Parties immediate 46–50 States immediate 52–54 States 55–57 States Key Actions Implementation Water access entitlements and planning framework • Implementation of the framework: States States identified in water plans to be defined, provided and managed. • Water plans to be prepared along the lines of the characteristics and components at Schedule D based on the following priorities: − plans for systems that are overallocated, fully allocated or approaching full allocation; − plans for systems that are not yet approaching full allocation • Substantially complete addressing overallocation as per NCC commitments. • substantial progress toward adjusting all overallocated and/or overused systems • Risk assignment framework to be implemented immediately for all changes in allocation not provided for in overallocation pathways in water plans • Water plans to address indigenous water issues • Implementation of measures to address water interception by land use change activities on a priority basis in accordance with water plans no later than 2011 Water markets and trading • Adoption of publicly accessible, compatible systems for registering water access entitlements and trades consistent with Schedule F: end 2004 59 end 2006 59 − pathways leading to full implementation; and − full implementation. 1 470 For purposes of this Schedule “States” is an abbreviation for “States and Territories” Australia’s water blueprint: national reform assessment 2014 States States Key Actions IGA paragraphs Responsibility 60 States immediate 60(iv)(a) States immediate 60(iv)(b) States (except for southern MDB) 60(iv)(b) States June 2005 61(i) All Parties June 2005 61(ii) All Parties June 2005 61(iii) All Parties June 2005 63(i) relevant Parties June 2005 63(ii) relevant Parties June 2005 63(ii)(a) NSW June 2005 63(ii)(b) Victoria and SA June 2005 63(iii) relevant Parties June 2005 63(iv) relevant Parties end 2007 63(v) relevant Parties ongoing 63(vi) NWC end 2009 63(vii) relevant Parties end 2004 65 States Date Water markets and trading (cont.) • Establish compatible institutional and regulatory arrangements that facilitate trade, including arrangements consistent with principles in Schedule G − re institutional barriers to trade − remove barriers to temporary trade − remove barriers to permanent trade up to an annual threshold of 4 percent − review impact on trade of interim threshold − full removal of barriers to trade end 2007 2009 end 2014 • Complete the following studies and consider implementation of any recommendations: − review of water products − new approach to sharing delivery capacity and extraction rates among users − feasibility of establishing market mechanisms such as tradeable salinity and pollution credits to provide incentives for investment in water‑use efficiency and farm management strategies and for dealing with environmental externalities • Relevant Parties (Commonwealth, NSW, Victoria and SA) agree to: − take necessary steps to enable the use of exchange rates and/or tagging for interstate trade; − reduce barriers to trade in southern MDB and establish an interim limit on permanent trade out of water irrigation areas of 4 percent per annum − NSW make legislative changes to remove barriers and permit increased trade up to the interim limit; − Vic and SA make change to remove barriers and permit increased trade up to the interim limit − review actions to assess whether relevant parties have removed barriers to achieve interim limit − study into mechanisms necessary to enable interstate trade − review outcome of actions by NSW − NWC monitor impacts of interstate trade − review the impact on trade under the interim threshold. Best practice water pricing and institutional arrangements • Complete commitments under the 1994 COAG Water Reform Framework to bring into effect pricing policies for water storage and delivery in rural and urban systems National Water Commission 471 Date IGA paragraphs Responsibility end 2008 66(i) States end 2006 66 (ii) States end 2006 66 (iii) States end 2006 66 (iv) States ongoing 66 (v)(a) States ongoing 66 (v)(b) States end 2006 67 States ongoing 69 States • Release of unallocated water ongoing 70–72 States • Environmental externalities managed through a range of ongoing 73 States ongoing 75 States 2005 76 All Parties ongoing 77 All Parties immediate 79(i) States ongoing 79(ii) States Key Actions Best practice water pricing and institutional arrangements (cont.) • Metropolitan − Continued movement towards upper bound pricing; − development of pricing policies for recycled water and stormwater; − review and development of pricing policies for trade wastes; and − development of national guidelines for water accounts. • Rural and Regional − full cost recovery for all rural surface and groundwater based systems: − continued movement towards lower bound pricing per NCC commitments; and − achievement of upper bound pricing for all rural systems, where practicable. • Consistent approaches to pricing and attributing costs of water planning and management • Investment in new or refurbished water infrastructure to continue to be assessed as economically and ecologically sustainable before being approved regulatory measures • Benchmarking efficient performance − independent, public, annual reporting of performance benchmarking for all metropolitan, non‑metropolitan and rural water delivery agencies − develop nationally consistent report framework • Independent pricing regulator − independent pricing bodies to set and review prices or pricing processes for water storage and delivery and publicly report. Integrated management of environmental water • Recognising the different types of surface water and groundwater systems: − effective and efficient management and institutional arrangements to ensure the achievement of the environmental outcomes; and − where it is necessary to recover water to achieve environmental outcomes, to adopt the principles for determining the most effective and efficient mix of water recovery measures. 472 Australia’s water blueprint: national reform assessment 2014 Key Actions Date IGA paragraphs Responsibility mid 2005 81 All Parties end 2006 end 2005 end 2008 82 83 83 All Parties All Parties All Parties mid 2005 mid 2006 85 85 All Parties All Parties ongoing 86 All Parties end 2006 88 All Parties end 2007 88 All Parties mid 2005 89 end 2007 89 end 2005 91(i) States end 2006 91 (ii) States end 2006 91 (iii) States end 2006 91 (iv) States Water resource accounting • Benchmarking of accounting systems • Consolidated water accounts − Develop and implement robust water accounting − Identify situations where close interaction between surface and groundwater exist − Implement systems to integrate the accounting of surface and groundwater • Environmental water accounting: − develop an environmental water register and annual reporting arrangements; and − apply the environmental water register and annual reporting arrangements. • Implement information measures • Metering and measuring actions: − develop metering and measuring actions; and − implement metering and measuring actions. • National guidelines on water reporting: − develop national guidelines on water reporting; and − apply national guidelines on water reporting. All Parties All Parties Urban water reform • Implementation of demand management measures, including: − implementation and compliance monitoring of WELS, including mandatory labelling and minimum standards for agreed appliances; − develop and implement ‘Smart Water Mark’ for garden activities; − review effectiveness of temporary water restricts and associated public education strategies, and consider extending low level restrictions to standard practice; and − implement management responses to water supply and discharge system losses including leakage, excess pressure, overflows and other maintenance needs. National Water Commission 473 Key Actions Date IGA paragraphs Responsibility end 2005 92(i) All Parties end 2006 92 (ii) All Parties end 2005 92 (iii) All Parties end 2006 92 (iv) All Parties end 2006 92 (v) All Parties ongoing 95 States ongoing 96 States ongoing 97 All Parties ongoing 101(i) All Parties ongoing 101(ii) All Parties • Encourage further innovation in urban water use including: − develop and apply national health and environmental guidelines for water sensitive urban designs for recycled water and stormwater; − develop national guidelines for evaluating options for water sensitive urban developments in both new urban sub‑divisions and high rise; − evaluate existing water sensitive urban icon developments; − review institutional and regulatory models for integrated urban water cycle planning and management and develop best practice guidelines; − review incentives to stimulate innovation. Community partnerships and adjustment • Open and timely consultation with all relevant stakeholders in relation to: pathways for returning overallocated systems to sustainable extraction levels, periodic review of water plans, and other significant decisions affecting the security of water access entitlements. • Provision of accurate and timely information to all relevant stakeholders in relation to the progress of water plan implementation and other issues relevant to the security of water access entitlements. • Address significant adjustment issues affecting water access entitlement holders and communities that may arise from reductions in water availability as a result of implementing the National Water Initiative Knowledge and capacity building • Identify the key science priorities to support implementation of the National Water Initiative and where this work is being undertaken. • Implement any necessary measures to ensure the research effort is well coordinated and publicised, and any gaps are addressed. 474 Australia’s water blueprint: national reform assessment 2014 Schedule B(i): Glossary of terms The words and phrases that are italicised in this intergovernmental agreement are to be interpreted according to the definitions given below. consumptive pool – the amount of water resource that can be made available for consumptive use in a given water system under the rules of the relevant water plan. consumptive use – use of water for private benefit consumptive purposes including irrigation, industry, urban and stock and domestic use. environmental and other public benefit outcomes – environmental and other public benefit outcomes are defined as part of the water planning process, are specified in water plans and may include a number of aspects, including: − environmental outcomes: maintaining ecosystem function (eg. through periodic inundation of floodplain wetlands); biodiversity, water quality; river health targets; − other public benefits: mitigating pollution, public health (eg. limiting noxious algal blooms), indigenous and cultural values, recreation, fisheries, tourism, navigation and amenity values. Environmental manager – an expertise based function with clearly identified responsibility for the management of environmental water so as to give effect to the environmental objectives of statutory water plans − the institutional form of the environmental manager will vary from place to place reflecting the scale at which the environmental objectives are set and the degree of active management of environmental water required − the environmental manager may be a separate body or an existing Basin, catchment or river manager provided that the function is assigned the necessary powers and resources, potential conflicts of interest are minimised, and lines of accountability are clear environmentally sustainable level of extraction – the level of water extraction from a particular system which, if exceeded would compromise key environmental assets, or ecosystem functions and the productive base of the resource. exchange rate – the rate of conversion calculated and agreed to be applied to water to be traded from one trading zone and/or jurisdiction to another. extraction rate – the rate in terms of unit volume per unit time that water can be drawn from a surface or groundwater system. Used in the NWI in the context of a constraint that might exist due to the impact of exceeding a particular extraction rate at a particular point or within a specified system. lower bound pricing – the level at which to be viable, a water business should recover, at least, the operational, maintenance and administrative costs, externalities, taxes or TERs (not including income tax), the interest cost on debt, dividends (if any) and make provision for future asset refurbishment/ replacement. Dividends should be set at a level that reflects commercial realities and stimulates a competitive market outcome. metropolitan – refers to water and wastewater services provided in metropolitan urban areas having in excess of 50,000 connections. overallocation – refers to situations where with full development of water access entitlements in a particular system, the total volume of water able to be extracted by entitlement holders at a given time exceeds the environmentally sustainable level of extraction for that system. overused – refers to situations where the total volume of water actually extracted for consumptive use in a particular system at a given time exceeds the environmentally sustainable level of extraction for that system. Overuse may arise in systems that are overallocated, or it may arise in systems where the planned allocation is exceeded due to inadequate monitoring and accounting. regional natural resource management plans – plans that cover specific regions like those developed under the Natural Heritage Trust and the National Action Plan for Salinity and Water Quality. reliability – the frequency with which water allocated under a water access entitlement is able to be supplied in full. Referred to in some jurisdictions as “high security “and general security”. rural and regional – refers to water and wastewater services provided for rural irrigation and industrial users and in regional urban areas with less than 50,000 connections; sharing delivery capacity – an approach to sharing of an irrigation supply channel capacity (supplemented systems) or a water course capacity (unsupplemented) held by an entitlement holder and specified as a National Water Commission 475 percentage share or volumetric supply rate at a particular time. surface water – water that flows over land and in water courses or artificial channels and is able to be captured and stored and supplemented from dams and reservoirs. trading zones – zones established to simplify administration of a trade by setting out the known supply source or management arrangements and the physical realities of relevant supply systems within the zone. Trade can occur within and between zones without first having to investigate and establish the details and rules of the system in each zone. upper bound pricing – the level at which, to avoid monopoly rents, a water business should not recover more than the operational, maintenance and administrative costs, externalities, taxes or tax equivalent regimes (TERs), provision for the cost of asset consumption and cost of capital, the latter being calculated using a weighted average cost of capital WACC. water access entitlement – a perpetual or ongoing entitlement to exclusive access to a share of water from a specified consumptive pool as defined in the relevant water plan. water allocation – the specific volume of water allocated to water access entitlements in a given season, defined according to rules established in the relevant water plan. water irrigation area – the area under control of an individual water service provider (eg. an irrigation corporation, cooperative or trust, or water authority). water plan – statutory plans for surface and/or ground water systems, consistent with the Regional Natural Resource Management Plans, developed in consultation with all relevant stakeholders on the basis of best scientific and socio‑economic assessment, to provide secure ecological outcomes and resource security for users. water sensitive urban design – the integration of urban planning with the management, protection and conservation of the urban water cycle, that ensures urban water management is sensitive to natural hydrological and ecological processes. water system – a system that is hydrologically connected and described at the level desired for management purposes (eg sub‑catchment, catchment, basin or drainage division and/or groundwater management unit, sub‑aquifer, aquifer, groundwater basin). water tagging – an accounting approach that allows a traded water access entitlement to retain its original characteristics when traded to a new jurisdiction and/or trading zone, rather than being converted into a form issued in the new jurisdiction and/or trading zone. 476 Australia’s water blueprint: national reform assessment 2014 Schedule B(ii): National definitions Recognising the importance of a common lexicon for water use and management, the Parties recognise the desirability of adopting the following words and phrases, and their definitions, in their respective water management frameworks: environmental and other public benefit outcomes – environmental and other public benefit outcomes are agreed as part of the water planning process, are specified in water plans and may include a number of aspects, including: − environmental outcomes: maintaining ecosystem function (eg. through periodic inundation of floodplain wetlands); biodiversity, water quality; river health targets; − other public benefits: mitigating pollution, public health (eg. limiting noxious algal blooms), indigenous and cultural values, recreation, fisheries, tourism, navigation and amenity values. overallocation – refers to situations where with full development of water access entitlements in a particular system, the total volume of water able to be extracted by entitlement holders at a given time exceeds the environmentally sustainable level of extraction for that system. overused – refers to situations where the total volume of water actually extracted for consumptive use in a particular system at a given time exceeds the environmentally sustainable level of extraction for that system. Overuse may arise in systems that are overallocated, or it may arise in systems where the planned allocation is exceeded due to inadequate monitoring and accounting. reliability –the frequency with which water allocated under a water access entitlement is able to be supplied in full. Referred to in some jurisdictions as “high security “and general security”. water access entitlement – a perpetual or ongoing entitlement to exclusive access to a share of water from a specified consumptive pool as defined in the relevant water plan. water allocation – the specific volume of water allocated to water access entitlements in a given season, defined according to rules established in the relevant water plan. Schedule C: National Water Commission The National Water Commission (NWC) will be established as follows. Institutional Arrangements: The NWC will: be established by the Commonwealth as an independent statutory body; have the functions and responsibilities as set out below; be funded by the Commonwealth Government; have up to seven members including a Chair: - appointed for up to 3 years and eligible for re‑appointment subject to agreement; - with expertise in the areas of: audit and evaluation, governance, resource economics, water resource management, freshwater ecology and hydrology; and - with the Commonwealth to appoint four members (including the Chair) and States and Territories to appoint three members; and have an office to carry out secretariat services for the Commission and to prepare or manage the preparation of draft Commission reports as directed, including: - an Executive Director and a small staff appointed by the Commission at its discretion; - the ability to make use of staff employed by a Party with the agreement of the relevant Party; and - the ability to use consultants. National Water Commission 477 Role: To provide advice on national water issues and, in particular, to assist with the effective implementation of the National Water Initiative (NWI) Agreement. In particular, the NWC will provide advice to COAG on the following matters: a baseline assessment of water resources and governance arrangements nationally, based on existing work by the Parties and undertaking further work only where required; accreditation of State and Territory implementation plans developed for the NWI Agreement by each jurisdiction, in accordance with paragraph 9 of the Agreement; commencing in 2006–07, biennial assessments of progress with the NWI Agreement and State and Territory implementation plans, and advice on actions required to better realise the objectives and outcomes of the Agreement: the third biennial assessment in 2010–11 will take the form of a comprehensive review of the Agreement; the performance of the water industry against national benchmarks, in areas such as irrigation efficiency, water management costs and water pricing; and compliance with any outstanding commitments under the 1994 COAG strategic framework for the efficient and sustainable reform of the Australian water industry; The Parties agree to work cooperatively with the NWC including through providing open access to relevant officers and timely provision of information necessary to assist the NWC in carrying out its role. In preparing its advice, the NWC will consider the views of stakeholders. The NWC will provide annual reports of its activities. All reports of the NWC will be publicly available. Review of the NWC: In 2010–11, COAG will review the ongoing role and function of the NWC following consideration of its third biennial assessment. A report on the outcome of the review is to be tabled in each House of Parliament by the end of 2011. Schedule D: Principles for regulatory approvals for water use and works 1. The Parties agree that regulatory approvals enabling water use at a particular site for a particular purpose will: (i) (ii) (iii) be consistent with water legislation and related NRM and planning legislation; be consistent with relevant water plans; take into account environmental, social and economic impacts of use, including on downstream users; (iv) clearly state the conditions relating to the approval, including the circumstances and processes relating to variations or terminations of the approval; minimise application and compliance costs for applicants; allow for applications to be assessed to a level of detail commensurate with the level of potential impact of the proposed activity; have transparent and contestable processes in place to establish whether a proposed activity is to be approved; and (v) (vi) (vii) (viii) 2. The Parties also agree that the authority responsible for regulatory approvals needs to: (i) be separate from water users and providers; (ii) (iii) 478 have avenues for appealing approval decisions. have the necessary legal authority and resources to monitor and enforce the conditions of a water use or works licence; and have its practices benchmarked periodically with peer authorities in other jurisdictions. Australia’s water blueprint: national reform assessment 2014 Schedule E: Guidelines for water plans and planning processes 1. The following characteristics and components will guide States and Territories in preparing water plans: Descriptions to include: (i) the water source or water sources covered by the plan (ie. its geographic or physical extent); (ii) the current health and condition of the system; (iii) the risks that could affect the size of the water resource and the allocation of water for consumptive use under the plan, in particular the impact of natural events such as climate change and land use change, or limitations to the state of knowledge underpinning estimates of the resource; (iv) the overall objectives of water allocation policies; (v) the knowledge base upon which decisions about allocations and requirements for the environment are being made, and an indication of how this base is to be improved during the course of the plan; (vi) the uses and users of the water including consideration of indigenous water use; (vii) the environmental and other public benefit outcomes proposed during the life of the plan, and the water management arrangements required to meet those outcomes; (viii) the estimated reliability of the water access entitlement and rules on how the consumptive pool is to be dispersed between the different categories of entitlements within the plan; (ix) the rates, times and circumstances under which water may be taken from the water sources in the area, or the quantity of water that may be taken from the water sources in the area or delivered through the area; and (x) conditions to which entitlements and approvals having effect within the area covered by the plan are to be subject, including monitoring and reporting requirements, minimising impacts on third parties and the environment, and complying with site‑use conditions. 2. Where systems are found to be overallocated or overused, the relevant plan should set out a pathway to correct the overallocation or overuse (paragraphs 41 to 45 refers). 3. A plan duration should be consistent with the level of knowledge and development of the particular water source; and 4. In the case of ongoing plans, there should be a review process that allows for changes to be made in light of improved knowledge. 5. Further consideration to include: (i) relevant regional natural resource management plans and cross jurisdictional plans, where applicable; (ii) an assessment of the level of connectivity between surface (including overland flow) and groundwater systems (iii) impacts on water users and the environment that the plan may have downstream (including estuaries) or out of its area of coverage, within or across jurisdictions; (iv) water interception activities as indicated in paragraphs 52–54; 6. Water planning processes include: (i) (ii) consultation with stakeholders including those within or downstream of the plan area; the application of the best available scientific knowledge and, consistent with the level of knowledge and resource use, socio‑economic analyses; (iii) adequate opportunity for consumptive use, environmental, cultural, and other public benefit issues to be identified and considered in an open and transparent way; (iv) reference to broader regional natural resource management planning processes; and (v) consideration of, and synchronisation with, cross‑jurisdictional water planning cycles. National Water Commission 479 Schedule F: Guidelines for water registries The Parties agree that water registers will be established in each State and Territory and will: 1. contain records of all water access entitlements in that jurisdiction, and trades of those entitlements, including their location; 2. be of sufficient standard to achieve the characteristics of secure water access entitlements contained in the Agreement; 3. contain protocols for the protection of third party interests that: (i) require the holder of a registered security interest to be notified prior to any proposed dealings in relation to the water entitlement, and requiring the consent of such interests to any proposed transfers; (ii) allow only authorised dealings; (iii) require the registration of permanent transfers of the water entitlement and encumbrances that affect the entitlement, such as mortgages and other security interests; (iv) enable lenders to procure the registration of their interest independently of the holder of the entitlement (to ensure the rights of the entitlement‑holder are sufficiently protected); (v) prioritise competing dealings; (vi) manage time lags between date of lodgement for registration and actual registration of dealings, as such time lags may affect priorities; and (vii) allow for the discharge of the security interest, in conjunction with the transfer of the entitlement to a new registered holder; (viii) ensure that lenders are only affected by a subsequently registered interest where the lender has consented to the subsequent dealing; (ix) assist in the process of identifying water specific or unregistered interests. 4. be administered pursuant to certain procedures and protocols, based on land title office manuals and guidelines that exist in various States and Territories that seek to minimise transaction costs for market participants; 5. be publicly accessible, preferably over the internet, and include information such as the prices of trades and the identity of entitlement holders; and 6. enable resource managers to monitor and accumulate trade and water use volumes accrued under water entitlements in a separate water accounting system. Schedule G: Principles for trading rules The Parties agree that water trading rules will be established consistent with the principles below. 1. Water access entitlements may be traded either permanently, through lease arrangements or through other trading options that may evolve over time where water systems are physically shared or hydrologic connections and water supply considerations would permit water trading. 2. All trades should be recorded on a water register (Schedule E refers). 3. Restrictions on extraction, diversion or use of water resulting from a trade can only be used to manage: (i) environmental impacts, including impacts on ecosystems that depend on underground water; (ii) hydrological, water quality and hydrogeological impacts; (iii) delivery constraints; (iv) impacts on geographical features (such as river and aquifer integrity); or (v) features of major indigenous, cultural heritage or spiritual significance. 480 Australia’s water blueprint: national reform assessment 2014 4. A trade may be refused on the basis that it is inconsistent with the relevant water plan. 5. Trades must not generally result in sustainable yields being exceeded. That is, trades shall generally not cause an increase in commitments to take water from water sources or parts of water sources or increase seasonal reversals in flow regimes above sustainable levels identified in relevant water plans such that environmental water or water dependent ecosystems are adversely affected; 6. Trades within overallocated water sources (including groundwater sources) may be permitted in some cases subject to conditions to manage long‑term impacts on the environment and other users; 7. Where necessary, water authorities will facilitate trade by specifying trading zones and providing related information such as the exchange rates to be applied to trades in water allocations to: (i) adjust for the effects of the transfer on hydrology or supply security (transmission losses) or reliability; and (ii) reflect transfers between different classes of water sources, unregulated streams, regulated streams, supplemented streams, groundwater systems and licensed runoff harvesting dams. 8. Water trading zones, including groundwater trading zones, should be defined in terms of the ability to change the point of extraction of the water from one place to another, and protection of the environment. The volume of delivery losses in supplemented systems that provide opportunistic environmental flows will be estimated and taken into account when determining the maximum volume of water that may be traded out of a trading zone. 9. Exchange rates will not be used to achieve other outcomes such as to alter the balance between economic use and environmental protection or to reduce overall water use. 10. Trade in water allocations may occur within common aquifers or surface water flow systems consistent with water plans. 11. Trade from a licensed runoff harvesting dam (ie. not a small farm dam) to a river may occur subject to: (i) a reduction in dam capacity consistent with the transferred water entitlement; (ii) retention of sufficient capacity to accommodate evaporative and infiltration losses; or (iii) conditions specified in water plans to protect the environment. National Water Commission 481