Environment Victoria response to State Environment Protection Policy (Waters) Review Discussion Paper Environment Victoria is the state’s peak non-government, not-for-profit environment organisation. Our Healthy Rivers Campaign is dedicated to working with government, business and communities for the restoration and protection of our state’s great river systems. Our vision is for a future where healthy rivers sustain abundant life and prosperous communities, providing us with good food, clean water and places to love and enjoy. We welcome this opportunity to submit a response to the SEPP (Waters) Review Discussion Paper. We will focus on the questions for comment where we have most experience. 1. 2. What is your understanding of your roles and responsibilities under Water SEPPs? What aspects of Water SEPPs does your organization currently use? How could Water SEPPs be improved to assist your organization's day-to-day operations and longer-term strategic planning? Environment Victoria has no specific role or responsibility under the Water SEPPs. We see them as a mechanism to protect and improve water quality in Victoria but have always found them a difficult framework to understand and interact with. Community knowledge about SEPPs is low and the documents are complex and lacking plain English interpretation. There is little or no public reporting on their effectiveness and their interaction with other reporting mechanisms eg Index of Stream Condition and CMA report cards is opaque. Water SEPPs could be improved by making them easier to understand, easier to enforce and report on and with clearer pathways to attainment of an appropriate water quality standard. 3. Do you have any concerns about the proposed working title of SEPP (Waters)? No. The integration of surface and ground waters into one policy is an improvement. However to be effective the management of surface and ground water needs to be better integrated and they need to be treated as part of the same water cycle, not as separate systems as is so often the case. 4. What is the best way to reflect what is feasible versus what is aspirational in the context of a 10-year policy cycle? Melbourne University’s Waterways Ecosystem Research Group discusses the importance of aspirational objectives in driving research and innovation and we endorse their submission. An important but often absent dimension of policy making is an agreed vision of what level of ecosystem health is acceptable and desirable, a response to the question “what do we want our waterways to look like?”. The Victorian Catchment Management Council, Commissioner for Environmental Sustainability etc have commented many times on the lack of an overarching framework for catchment management and planning to support ecosystem processes. The SEPP should be an integral part of the necessary framework to drive long term improvements in water quality as well as setting interim targets and goals. 5. Do you support the proposed SEPP (Waters) objective of "this policy is to protect and improve the quality of Victoria's waters while providing for economic and social development"? We have severe reservations about this objective because for us it ignores the crucial role played by natural capital in supporting social and economic capital. If ecological values and ecosystem processes are not protected then social and economic development cannot take place. The objective should be revised to include this vital step. Suggested wording could be “protect and improve the quality of Victoria’s waters to support the ecological values and ecosystem processes that are the basis of economic and social development”. 6. Do you support the need to balance economic and social development with overall protection and improvement of water quality for Victoria's water environments? No, an explicit attempt to achieve ‘balance’ is doomed to failure because there is an underlying imbalance between environment and economy – the economy relies on the environment but not vice versa. There is also little consensus as to what ‘balance’ actually means in practice. It is a concept that has bedeviled the implementation of the Murray-Darling Basin Plan and even though the Commonwealth Water Act 2007 is one of the few pieces of legislation that is quite explicit in how the Plan should be constructed with environmental requirements determined first. Social and economic considerations are obviously crucial in how environmental objectives are achieved, but should not be the major considerations in deciding wheat those environmental objectives are. The policy principles in the current SEPPs provide guidance in how social and economic considerations can be taken into account. The precautionary principle is particularly important for groundwater as so little is known about it. A recent Auditor General’s report concluded that ‘The Department of Sustainability and Environment (DSE) and water corporations do not know whether groundwater use is sustainable.’ 1 The same applies to the protection of groundwater quality. 7. What are the challenges of balancing economic and social development with protecting and improving water quality? How should we manage the appropriate trade-offs between them? The SEPP’s job is to set targets for improved water quality and to protect and enhance the beneficial uses. It should not be looking for trade-offs as a first option but only when implementation of the objectives is under consideration. Any discussion of trade-offs should be transparent and robust, and be informed by a rigorous examination of the environmental, social and economic costs. In the past environmental valuation has often lagged behind social and particularly economic valuation. If the SEPP is to consider tradeoffs it should do so on the basis of an accurate valuation of natural capital on a 1 VAGO (2010) Sustainable Management of Victoria’s Groundwater Resources similar basis to social or economic capital. Anything less runs the risk of underestimating the costs of degraded environments, overestimating the costs of environmental protection measures, and the loss of potential co-benefits of innovative solutions. 8. Do you foresee any problems or opportunities that may arise from creating one consistent SEPP to apply to all Victorian waters? Are there other options for streamlining the policies that we should consider? We think a consistent SEPP across all Victorian water will be a benefit and be easier for the public to interact with. Waterwatch is a very popular community monitoring program and many of the parameters stipulated in the SEPP are those that are monitored by these groups (pH, dissolved oxygen, phosphorus etc). There would appear to be a huge opportunity for the data collected by these groups to be better used by the EPA and CMAs in monitoring the outcomes of the SEPPs. Current linkages are not obvious to Waterwatch groups and a better understanding of how their observations (which are of a highly consistent standard) inform decision making would be of great benefit to (and provide additional motivation for) the groups. 9. Are there any specific types of water environments, for example, a wastewater treatment lagoon, where you think beneficial uses should not be protected? Water treatment plants can provide crucial drought refuges when natural wetlands are dry. In 2007 the largest concentration of waterbirds in southern Victoria was at the Western Treatment Plant and in northern Victoria at the Mildura Sewage Farm. Therefore all water bodies can have at least some beneficial uses under some circumstances and only those that are specifically toxic eg tailings dams should be excluded from consideration. 10. Do you think the current measures for classifying surface water and groundwater segments are still appropriate? Are there other measures that should be explored? Bringing groundwater and surface water together poses a few questions for segmentation – for example where is the boundary for ground and surface water? Where do groundwater dependent ecosystems (GDEs) fit in? How do the parameters of groundwater quality change to surface water quality when it comes to the surface? 11. Are there any problems with the spatial arrangements or segment boundaries in the existing Water SEPPs? The classification of Gippsland Lakes as a marine environment would seem to confirm its transition to a marine environment rather than seeing it as a freshwater environment that is under threat of becoming marine. Having sub segments will help address this but massive trade-offs have already been made through the dredging of the Entrance. Standards should be set so that further trade-offs are fully apparent. The proposed new sub-segment for urban/industry in the Latrobe valley creates some problems as water leaving this sub-segment will have to meet the standards set downstream for cleared hills and coastal plains an subsequently Lake Wellington. Since the industrial area is the site of discharges from coal mines, power stations etc, which can be highly polluted, and where there is drawdown of groundwater, setting a different standard and assuming that any impacts will be diluted by the time the downstream boundary is reached is contrary to the precautionary principle. Better to set a higher standard that will mean industrial discharges will also have to meet higher standards. 12. What do you think are the advantages or problems with the new approach to segments or subsegments? 13. Are there any features of the landscape that you would like to see as a standalone segment? There are specific waterway types that warrant special protection, such as ephemeral stream and rare types of waterways such as chain-of-ponds. GDEs are another sector that may require specific protection/segmentation. 14. Do you believe that all beneficial uses set out in Table 2 should still be protected under the new SEPP (Waters)? Where do you think a beneficial use would not apply? 15. What method or approach could be used to apply the beneficial uses to segments? 16. Are there additional beneficial uses that you believe should be protected? Are there any that you think should no longer be protected? We will take these questions together. The existing beneficial uses remain valid but we think the framework could be better integrated with other aspects of waterway management and have more focus on the ecological processes and ecosystem services that are the basis of the beneficial uses. For example, how does the concept of ‘beneficial use’ integrate with the objective of the Environmental Water Reserve? How do the objectives of the SEPP line up with the Victorian Waterway Management Strategy and its constituent regional strategies? How are the many agencies identified in the VWMS with a role in water quality management 2 making use of the concept of beneficial use? The beneficial uses are not framed in terms of the ecosystem services that the water environments provide. It could be useful to look at what ecosystem processes underlie each of the beneficial uses and then consider what water quality standard is required to support that ecosystem process. Finally there are many inconsistencies and mysterious gaps in the way the beneficial uses are applied. For example, why are important uses such as fish passage and indigenous riparian vegetation, that are important throughout the state, restricted to the Yarra segment? Why is aquifer recharge limited to the Latrobe and Thomson catchments when it occurs across the state and certain catchments eg the Ovens are known to have a close interconnection? What is the difference between ‘potable water supplies’ and ‘water for human consumption’? Why are no cultural or spiritual value s assigned to groundwater? ‘Agriculture irrigation’ and ‘agriculture parks and gardens’ all extract water from rivers, wetlands and groundwater. Some of the results in Tables 3 and 4 are equally mystifying. Where are the rivers and wetlands that do not provide aesthetic enjoyment? Or the rivers that do not provide water for human consumption – even if they don’t have an offtake pipe to a water treatment plant they are undoubtedly tributaries of rivers that do. There is a tendency to underestimate the beneficial uses our waterways provide. Only 5% of rivers in Melbourne Water’s catchment are said to provide non-indigenous cultural and spiritual values. Given the central place the Yarra and Maribyrnong Rivers occupy in Melbourne’s history, culture and psyche this is an extraordinary statement. Improvements to 2 VWMS p 145-147 water quality in these rivers has an incredible economic and social benefit, particularly for recreation and tourism, and standards should not be lowered for urban areas. As Melbourne University’s research in Stringybark Creek shows, it is possible to drive significant improvements through relatively simple measures which could be scaled up in a cost effective way. 17. What do you think about the current indicators, the approach for deriving objectives and the proposed changes? 18. How have nutrient load targets been useful in driving environmental investment outcomes? Would you like to see a different approach, and if so, what might that be? 19. What is the preferred method for management of at-risk areas? Are there activities that need greater intervention or regulation? What would the intervention be, or example, voluntary or mandatory codes of practice, regulation via licencing? 20. What do you think the role of SEPP (Waters) should be in identifying and filling knowledge gaps over the life of the policy? How can we assure an adaptive approach within SEPP (Waters)? These questions are outside our area of expertise. For further information please contact: 16 July 2015