9 Australian Capital Territory The context of water planning in the Australian Capital Territory Australian Capital Territory water sources provide urban and rural water supply to Australia’s largest inland city and are a major recreation resource. These water resources, particularly surface water, are largely shared with New South Wales. The combination of extended dry periods and occasional flooding leads to large flow variability in the region’s waterways. Many ACT water resources, particularly urban lakes and streams, are highly modified because of changes in land use, streamflow diversions, wastewater and stormwater discharges, as well as introductions of exotic biota. Several variables are exerting pressure on water security into the future, including population growth, bushfires and long-term climate change – all of which must be managed within the context of water sharing in the Murray–Darling Basin (MDB). Planning arrangements Key legislation and policies Think water, act water 2004 (TWAW) is the policy document that aims to secure a long-term water supply for the ACT. TWAW provides a framework for cooperation between community, industry and government to manage, use and conserve the ACT’s water resources. It includes a range of measures that aim to ensure water supply security for the ACT, protect and improve ecological values associated with waterways, and improve the amenity of urban areas. TWAW also has an associated implementation plan to guide actions for the achievement of objectives. The Water Resources Act 2007 (WRA 2007) is the legal basis for allocating water, issuing licences to take water and providing environmental flows. The objects of the WRA 2007 provide for the sustainable management of the ACT’s water resources, and subsequent sections broadly cover environmental flows, water access entitlements, licensing of water use and bore drillers, construction of waterway works (e.g. farm dams), compliance and enforcement. 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 Environmental Flow Guidelines 2013 are a statutory instrument under the WRA 2007 to determine the water necessary to maintain the health of aquatic ecosystems in the ACT. The guidelines apply to all ACT water resources, including water in rivers, streams, dams, lakes and groundwater. Monitoring of the effectiveness of environmental flows has been ongoing since the development of the original guidelines in 1999, resulting in their review and replacement by the 2006 and then the 2013 guidelines. The Environment and Sustainable Development Directorate is responsible for strategic water policy, regulation of the ACT’s water resources, water efficiency programs, and monitoring and reporting on water quality (e.g. TWAW progress reports, annual ACT Water Report). Proposed changes to water resource management legislation and policy Following a review of TWAW, a new draft ACT water strategy was released for comment in July 2013. The strategy is intended as a 30-year plan with reviews undertaken every five years. It takes account of changed circumstances in the ACT since 2004, including extension of the Cotter Dam, completion of the Murrumbidgee to Googong pipeline, the increased capacity to use water markets to purchase water if required, successful measures to reduce per capita demand and requirements under the Murray–Darling Basin Plan. The strategy includes the development of a governance and regulatory framework and a series of implementation plans. Murray–Darling Basin Plan The Murray–Darling Basin Plan was adopted in November 2012 and is relevant to management of water resources in the ACT. While many of the provisions of the Basin plan do not take effect for several years, the ACT Water Resources Plan (WRP) is due in 2015. ACT instruments for Basin plan implementation are the WRA 2007 and the updated Environmental Flow Guidelines 2013. The ACT is also undertaking an Indigenous engagement strategy for the new WRP. When it commences later this year, the Australian Capital Territory Water Management Legislation Amendment Act 2013 (Cth) will ensure that the ACT Government has power to manage the abstraction of water on national land and by Commonwealth entities in the ACT, and the surface waters of the Googong Dam. While located in NSW, the Googong Dam is part of the ACT water supply, and the Basin plan provides for the water resources of the Googong Dam area to form part of the ACT water resource plan area. Table 7: Summary of planning instruments in the ACT Assessment criteria Water Resources Act 2007 TWAW 2004 DIs 191 & 193 EFlow 2013 Comment 1. Status of plan yes yes yes yes The ACT water planning framework comprises several instruments. TWAW is the overarching water policy strategy (released in 2004). The legal basis for water management is the Water Resources Act 2007 that establishes two DIs which technically form the water sharing plan. The DIs describe management areas and the volumes of water that can be taken from them. Statutory Environmental Flow Guidelines were established in 1999 and updated in 2006 and 2013. 2. Key assessments yes yes yes The ACT’s water resources are listed in the 2007 DIs, with further details provided in TWAW 2004 vol. 3. Climate and population variables are assessed in the Future water options report. Environmental assets and their condition are assessed in the Environmental Flow Guidelines and associated reviews. 3. Overuse status and pathways to sustainable water extraction yes yes yes yes The WRA 2007 and TWAW set objectives for sustainable water extraction. The 2007 DIs detail allocations for consumptive use, environmental flows and future water reserves. The Environmental Flow Guidelines detail the water requirements for environmental assets. 4. Clearly identified and measurable outcomes yes yes yes The WRA 2007, TWAW and Environmental Flow Guidelines identify objectives for sustainable use and environmental protection. A monitoring and reporting program is detailed in TWAW. 5. Facilitation of trade yes The WRA 2007 enables water entitlement dealings and the ACT is generally compliant with trade service standards. 6. Integration of water intercepting activities yes The WRA 2007 limits interception from rainwater tanks and farm dams. The potential interception impacts of forestry are regularly assessed but there are no commercial plantations in the ACT at present. 7. Surface water/groundwater connectivity yes yes yes yes The WRA 2007, DIs and TWAW provide for integrated management of surface water and groundwater. Environmental Flow Guidelines also acknowledge the importance of connectivity. 8. Environmental water management arrangements yes yes yes yes The WRA 2007 requires preparation of Environmental Flow Guidelines. The DIs detail volumes for environmental water allocations in each water management area. A regular monitoring and reporting program is detailed in TWAW and the Environmental Flow Guidelines. 9. Monitoring, compliance and enforcement provisions yes yes yes The WRA 2007 identifies offences, disciplinary action and metering requirements associated with compliance. TWAW requires monitoring, review and adaptive management for plan provisions. Under the Act, the Environmental Flow Guidelines must also be regularly reviewed and updated. yes yes TWAW acknowledges climate change as an important component of water planning and the Future water options report regularly assesses assumptions in water planning variables. The Environmental Flow Guidelines identify the need to use different flow guidelines under drought conditions. yes yes The WRA 2007 sets minimum consultation requirements when drafting Environmental Flow Guidelines. TWAW incorporates community consultation on plan development and review. 10. Planning for climate change and extremes in inflows or recharge 11. Stakeholder engagement yes 12. Have outcomes been achieved yes yes yes TWAW progress reports provide information on the planned actions that have been implemented. Under the WRA 2007, the Environmental Flow Guidelines are required to be regularly assessed against objectives and reports made available to the public. Key findings This section provides updated commentary on the previous report card assessment for the Australian Capital Territory (key findings summarised below) and includes information on significant findings for 2013. Previous findings Environmental flow guidelines underpinned by science Regular monitoring and reporting to assess outcome achievement 2013 findings Environmental flow guidelines underpinned by science The ACT has statutory and adaptively managed environmental watering arrangements that integrate the management of surface water and groundwater for the maintenance of aquatic ecosystems. Many of the ACT’s waterways are affected by urban development and, to address this, Environmental Flow Guidelines were introduced in 1999. The guidelines aim to protect the health of water resources based on the best-available scientific information. An assessment program, underpinned by empirical research, regularly evaluates environmental watering arrangements to inform future environmental flow releases. The guidelines were updated in 2006 and, following a thorough review in 2011, new guidelines were adopted in April 2013. Regular monitoring and reporting to assess achievements Regular monitoring and reporting indicate the ACT has made progress towards water management goals set by Think water, act water in 2004. Consistent monitoring and transparent reporting allows better assessments of the effectiveness of water planning. The ACT Water Report is an annual monitoring summary that provides information ranging from water trading statistics to water quality measurements and ecosystem condition assessments. A review of Think water, act water in 2012 concluded the strategy was largely successful in meeting the ACT’s water needs throughout a period of severe drought. Several changes were required to ensure the ACT has secure access to clean and reasonably priced water into the future. Integration of responsibility across agencies Arrangements for the management of water in the ACT involve multiple agencies and cross-jurisdictional issues. A lack of coordination across agencies and the corresponding absence of a whole-of-catchment management approach has resulted in numerous water quality problems in Canberra’s urban waterways. The ACT has recognised this issue and is actively working to improve integration across jurisdictions and agencies. In particular, the 2012 Planning strategy (Territory plan) re-emphasises goals to integrate water management with environmental management and to improve water quality, the 2013 Draft ACT water strategy highlights integration as a goal through a proposed governance plan to address water management across agencies and the Lake Burley Griffin action plan aims to integrate responsibilities between the ACT Government, National Capital Authority, Queanbeyan City Council, Palerang Council, and ACTEW Water for the management of water quality in Lake Burley Griffin. Glossary and abbreviations Term Acronym Definition Disallowable instrument DI Legislation which is subordinate to the Water Resources Act 2007 and describes water management areas in the ACT, as well as the volumes of water available for consumptive uses, environmental flows and future reserves. Environmental Flow Guidelines EFlow A statutory instrument under the Water Resources Act 2007 to determine the water necessary to maintain the health of aquatic ecosystems. Think water, act water TWAW Overarching policy framework which provides for the management of water resources in the ACT. Water Resources Act 2007 WRA Legislation for allocating water, issuing licences to take water, and providing environmental flows in the Australian Capital Territory. Planning areas Australian Capital Territory Findings Report card criteria Assessment Commentary 1. Is there a plan in place? Yes Implementation of TWAW is continuing. It covers all surface water and groundwater resources in the ACT. The Water Resources Act 2007 is the legal basis for controlling all water use. The 2013 Draft ACT water strategy describes new water policy based on changing circumstances such as the Basin plan. New Environmental Flow Guidelines were released in 2013. 2. Does the plan include key assessments? Yes Detailed resource information has been compiled and integrated into the water planning process. Water planning variables are regularly reviewed through annual Water Reports with the most recent available review for 2011–12. The Basin plan is the key driver for ACT Government water planning assessments, changes and improvements. 3. Does the plan address overuse and is there a pathway to sustainable extraction? Yes There were no areas of overuse identified in the ACT. Extraction limits have been set for all water sources. The extraction limits reflect environmental and consumptive use trade-offs. The ACT uses eight per cent of its treated effluent internally and returns the other 92 per cent to the Basin. In conjunction with drought and climate change, risks to water supply associated with a growing population have been addressed through capital projects such as the Cotter Dam expansion and reduced per capita demand. 4. Does the plan include clearly identified and measurable outcomes? Yes The plan clearly identifies objectives with associated actions for their achievement detailed in the supporting implementation program. The assessment of results is facilitated by regular monitoring, reporting and review procedures. With nine agencies having water-planning-related responsibilities, the 2013 Draft ACT water strategy highlighted governance issues that might affect objectives and actions. A proposed governance plan to address interagency obligations was due for release in December 2013. 5. Does the plan facilitate trade? Yes Trade is facilitated in the ACT under the WRA 2007 but there is little demand. While interstate trade is enabled by legislation, it is difficult due to a lack of appropriate agreements between jurisdictions. Since the 2011 assessment, the ACT has reported that the ability to trade has improved, alongside an increased capacity to purchase water. Negotiations with NSW have progressed, although it is not yet evident if these changes have enabled inter-jurisdictional water trading to occur. 6. Is interception appropriately considered and integrated into the plan? Yes The plan identifies interception activities, such as unlicensed basic landholders’ rights, and considers the impact of forest regrowth on water supplies after bushfire. The installation of farm dams is regulated. 7. Does the plan include/address surface water and groundwater connectivity as appropriate? Yes There is relatively low usage of groundwater. Integrated management of connected groundwater and surface water occurs in the ACT. Stated goals in the 2013 Draft ACT water strategy include aspirations to better integrate groundwater and surface water planning. 8. Does the plan contain accountable environmental watering arrangements? Yes The revised 2013 Environmental Flow Guidelines provide clear links between management objectives, required flow volumes and monitoring arrangements. 9. Is there adequate monitoring occurring, and are there compliance and enforcement mechanisms in place? Yes The Environment and Sustainable Development Directorate coordinates annual reporting on the state of the ACT’s water resources. Nine agencies are responsible for water resource monitoring in the ACT, with uncertain governance an area of potential weakness to effective monitoring and reporting for adaptive management. 10. Does the plan deal appropriately with climate change and extremes in inflows or recharge? Yes Climate change and variability are dealt with in the plan through detailed analysis of future water options. This acknowledges the risks of reduced water supply due to climate variability and population growth. The water volumes allocated for extraction through disallowable instruments can be amended to deal with changes to water availability within the life of the plan. 11. Is stakeholder engagement in the planning process adequate? Yes 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 TWAW. In preparing for Basin plan implementation, a strategy for Indigenous engagement is being prepared. 12. Have identified outcomes been achieved during the reporting period? Yes Regular monitoring and reporting against plan objectives indicates progress towards water use efficiency and future water security goals. The achievement of ecological and water quality targets has proved challenging – largely due to the impacts of drought and fires. References ACT NRM Board (ACT Natural Resource Management Board) 2004, ACT Natural resource management plan 2004–2014. ACT NRM Council (ACT Natural Resource Management Council) 2009, Bush Capital legacy: Plan for managing the natural resources of the ACT, Lyneham, Canberra. ACTEW Corporation and ACTEWAGL 2006, 2006 Annual review of planning variables for water supply and demand assessment: A Review of the Changes in Demand Assumptions for Future Water Options for the ACT. Australian Capital Territory Government 2004a, Think water, act water, Environment ACT, Vol 1: Strategy for sustainable water resource management in the ACT, Canberra. Australian Capital Territory Government 2004b, Think water, act water, Environment ACT, Vol 2: Explanatory document, Canberra. Australian Capital Territory Government 2004c, Think water, act water, Environment ACT, Vol 3: State of the ACT’s water resources and catchments, Canberra. Australian Capital Territory Government 2006, 2006 Environmental Flow Guidelines, Environment ACT. Australian Capital Territory Government 2007a, ‘Water Resources (Water management areas) Determination 2007 (No 1)’, Disallowable Instrument DI2007–193, Vol Made under the Water Resources Act 2007 Section 16. Australian Capital Territory Government 2007b, ‘Water Resources (Water available from areas) Determination 2007 (No 1)’, Disallowable Instrument DI2007–191, Vol Made under the Water Resources Act 2007 Section 17. Australian Capital Territory Government 2007c, ‘Water Resources Regulation 2007’, SL2007–22; Republication No 2, Vol Made under the Water Resources Act 2007. Australian Capital Territory Government 2007d, ‘Water Resources (Amounts of Water Reasonable for Use Guidelines) Determination 2007 (No1)’, Disallowable Instrument DI2007–194, Vol Made under the Water Resources Act 2007, Section 18. Australian Capital Territory Government 2009a, Think water, act water: 2009 Progress report, Australian Capital Territory. Australian Capital Territory Government 2009b, People, Place, Prosperity: The ACT’s sustainability policy 2009. Australian Capital Territory Government 2011, 2011 Draft Environmental Flow Guidelines, Canberra, Australian Capital Territory. Australian Capital Territory Government 2012, ACT Planning strategy: Planning for a sustainable city, Canberra, Australian Capital Territory. DECCEW (Department of the Environment Climate Change Energy and Water) 2009, ACT Water Report 2008–2009, Canberra, Australian Capital Territory. ESDD (Environment and Sustainable Development Directorate) 2011, ACT Water Report 2010–2011, Canberra, Australian Capital Territory. ESDD (Environment and Sustainable Development Directorate) 2012, Environment and Sustainable Development Directorate annual report 2011–12, Canberra, Australian Capital Territory. ESDD (Environment and Sustainable Development Directorate) 2012, Review of Think water, act water, Canberra, Australian Capital Territory. ESDD (Environment and Sustainable Development Directorate) 2013, ACT Water Report 2011–2012, Canberra, Australian Capital Territory. ESDD (Environment and Sustainable Development Directorate) 2013, Environment and Sustainable Development Directorate annual report 2012–13, Canberra, Australian Capital Territory. Lake Burley Griffin Task Force 2012, Lake Burley Griffin action plan: A healthier, better functioning lake by 2030, Canberra, Australian Capital Territory. Office of the Commissioner for Sustainability and the Environment 2011, Framework, themes, and indicator groups: ACT State of the Environment 2011 report, Australian Capital Territory. Slatter E 2008, Australian Capital Territory groundwater data assessment – Report 2: Data analysis, Bureau of Rural Sciences, Canberra, Australian Capital Territory. Slatter E, Mullen I, Mansfield D & Evans R 2008, Australian Capital Territory groundwater data assessment – Report 3: Final report, Bureau of Rural Sciences, Canberra, Australian Capital Territory. Water Resources Act 1998, ‘Water Resources Act – REPEALED’, No. 63 of 1998, Australian Capital Territory Government. Water Resources Act 2007, A2007–19 Republication No 7, Australian Capital Territory Government. Water Resources Environmental Flow Guidelines 2013, Disallowable Instrument DI2013-44 made under the Water Resources Act 2007, section 12 (Environmental Flow Guidelines).