Legislative and other information
Major entities
Environment and climate change
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Alpine Advisory Committee1
Alpine Resorts Coordinating Council
Border Groundwater Agreement Review Committee
Budj Bim Council
Central Coast Regional Coastal Board
Committees of management and trustees for Crown land reserves 2
Commissioner for Environmental Sustainability
Corangamite Catchment Management Authority
East Gippsland Catchment Management Authority
Environment Protection Authority
Environment Protection Board
Falls Creek Alpine Resort Management Board
Geographic Place Names Advisory Panel3
Gippsland Lakes and Coast Regional Coastal Board
Glenelg Hopkins Catchment Management Authority
Goulburn Broken Catchment Management Authority
Gunaikurnai Traditional Owner Land Management Board 4
Lake Mountain Alpine Resort Management Board
Mallee Catchment Management Authority
Metropolitan Waste Management Group
Mount Baw Baw Alpine Resort Management Board
Mount Buller and Mount Stirling Alpine Resort Management Board
Mount Hotham Alpine Resort Management Board
National Parks Advisory Council
North Central Catchment Management Authority
North East Catchment Management Authority
Parks Victoria
Port Phillip and Westernport Catchment Management Authority
Reference Areas Advisory Committee
Regional Waste Management Groups (x 12)
Royal Botanic Gardens Board
Scientific Advisory Committee
Surveyors Registration Board of Victoria3
Sustainability Fund Advisory Panel
Sustainability Victoria
Trust for Nature (Victoria)
Victorian Adaptation and Sustainability Partnership
Ministerial Advisory Committee (VASP MAC)5
Victorian Catchment Management Council
Victorian Coastal Council
Victorian Environmental Assessment Council
Victorian Environmental Water Holder
Victorian Local Sustainability Advisory Committee5
Victorian Mineral Water Committee6
West Gippsland Catchment Management Authority
Western Coast Regional Coastal Board
Wimmera Catchment Management Authority
Winyula Council
Yorta Yorta Joint Body
Yorta Yorta Traditional Owner Land Management Board 7
Zoological Parks and Gardens Board
Water
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Barwon Region Water Corporation
Central Gippsland Region Water Corporation
Central Highlands Region Water Corporation
City West Water Corporation8
Coliban Region Water Corporation
East Gippsland Region Water Corporation
Gippsland and Southern Rural Water Corporation
Goulburn Valley Region Water Corporation
Goulburn-Murray Rural Water Corporation
Grampians Wimmera Mallee Water Corporation
Lower Murray Urban and Rural Water Corporation
Melbourne Water Corporation
North East Region Water Corporation
Office of Living Victoria
South East Water Corporation8
South Gippsland Region Water Corporation
Wannon Region Water Corporation
Water Supply Protection Area Consultative Committees9
Western Region Water Corporation
Westernport Region Water Corporation
Yarra Valley Water Corporation8
Notes:
1. The Alpine Advisory Committee was re-established with new Terms of Reference on 23 May 2013.
2. There are more than 1200 committees of management and trustees for Crown land reserves.
3. Responsibility for the Geographic Place Names Advisory Panel and the Surveyors Registration Board of Victoria
transferred to the Minister for Planning as part of the Machinery of Government changes that took effect on 1 July 2013.
4. The Gunaikurnai Traditional Owner Land Management Board was established by determination of the Minister for
Environment and Climate Change published in the Government Gazette on 2 August 2012, pursuant to s82B(1) of the
Conservation, Forests and Lands Act 1987.
5. VASP MAC is an advisory committee established with new terms of reference by the Minister for Environment and Climate
Change in December 2012. VASP MAC replaced the Victorian Local Sustainability Advisory Committee (VLSAC).
6. The Victorian Mineral Water Committee was re-established with new functions by Ministerial Direction dated 29 December
2012.
No appointments were made to the committee during the reporting period.
7. The Yorta Yorta Traditional Owner Land Management Board was established by determination of the Minister for
Environment and Climate Change published in the Government Gazette on 13 June 2013, pursuant to s82B(1) of the
Conservation, Forests and Lands Act 1987. No appointments were made to the board during the reporting period.
8. On 1 July 2012, following the proclamation of the Water Amendment (Governance and Other Reforms) Act 2012, the
businesses of the three metropolitan water retailers (namely City West Water Limited, South East Water Limited and Yarra
Valley Water Limited) transferred to three new corporations established under the Water Act 1989. Responsibility for the
three new corporations (City West Water Corporation, South East Water Corporation and Yarra Valley Water Corporation)
transferred to the Minister on that date.
9. The two remaining Water Supply Protection Area Consultative Committees (WSPACCs) (the Loddon Highlands WSPACC
and the Lower Campaspe Valley WSPACC) both ceased to exist in the reporting period, on 21 November 2012 and on 2
July 2012 respectively.
Acts administered
The department is responsible for administering a number of acts of Parliament. More information is available on
our website (www.depi.vic.gov.au).
Minister for Environment and Climate Change
Aboriginal Lands Act 1991
This Act is jointly and severally administered with the Minister for Aboriginal Affairs.
Alpine Resorts Act 1983
Alpine Resorts (Management) Act 1997
Catchment and Land Protection Act 1994
This Act is jointly and severally administered with the Minister for Water.
Climate Change Act 2010
Except section 5 (which is administered by the Premier).
Coastal Management Act 1995
Commissioner for Environmental Sustainability Act 2003
Conservation, Forests and Lands Act 1987
Certain provisions are jointly, or jointly and severally, administered with the Minister for Agriculture and Food
Security. Insofar as it relates to the exercise of powers for the purposes of the Catchment and Land Protection
Act 1994, these powers are jointly and severally exercised with the Minister for Water. In so far as it relates to the
exercise of powers for the purposes of the Fisheries Act 1995 these powers are exercised by the Minister for
Agriculture and Food Security.
Crown Land (Reserves) Act 1978
Except for certain Crown lands administered by other Ministers and the Assistant Treasurer.
Environment Protection Act 1970
Fences Act 1968
Section 19. The Act is otherwise administered by the Attorney-General.
Flora and Fauna Guarantee Act 1988
Certain provisions of this Act are jointly administered with
the Minister for Agriculture and Food Security.
Forests Act 1958
Certain provisions of this Act are jointly and severally administered with the Minister for Agriculture and Food
Security or are administered by the Minister for Agriculture and Food Security alone.
Geographic Place Names Act 1998
Heritage Rivers Act 1992
Instruments Act 1958
Insofar as it relates to the management and administration of the Office of the Registrar-General and the Office of
Titles. This Act is otherwise administered by the Attorney-General.
Land Act 1958
Except for certain Crown lands administered by other Ministers or the Assistant Treasurer.
Land Conservation (Vehicle Control) Act 1972
Section 3 of this Act is jointly administered with the Minister for Agriculture and Food Security.
Melbourne and Olympic Parks Act 1985
Sections 24-28. The remaining provisions are jointly and severally administered by the Minister for Sport and
Recreation and the Premier.
National Environment Protection Council (Victoria) Act 1995
National Parks Act 1975
Parks Victoria Act 1998
Pollution of Waters by Oil and Noxious Substances Act 1986
Sections 8-13, 18, 19-23, 23B, 23D, 23E, 23G, 23J, 23L and 24E. Sections 30 and 47 are jointly administered
with the Minister for Ports. The Act is otherwise administered by the Minister for Ports.
Property Law Act 1958
Insofar as it relates to the management of the Office of the Registrar-General and the Land Titles Office. The Act
is otherwise administered by the Attorney-General.
Reference Areas Act 1978
Royal Botanic Gardens Act 1991
Safety on Public Land Act 2004
Insofar as it relates to the provisions enforcing public safety zones for the purposes of timber harvesting
operations the Act is jointly and severally administered with the Minister for Agriculture and Food Security.
State Owned Enterprises Act 1992
Division 2 of Part 2 insofar as it relates to the Victorian Plantations Corporation. The Act is otherwise
administered by the Minister for Multicultural Affairs and Citizenship, the Minister for Water and the Treasurer.
Subdivision Act 1988
Insofar as it relates to the management of the Office of the Registrar-General and the Land Titles Office. The Act
is otherwise administered by the Minister for Consumer Affairs and the Minister for Planning.
Survey Co-ordination Act 1958
Surveying Act 2004
Sustainability Victoria Act 2005
Sustainable Forests (Timber) Act 2004
Part 2, section 45, Division 1 of Part 6 and Part 8. Sections 3, 22, 23(1) and 24 and Part 9 are jointly
administered with the Minister for Agriculture and Food Security. The Act is otherwise administered by the
Minister for Agriculture and Food Security.
Temperance Halls Act 1958
Transfer of Land Act 1958
This Act is administered by the Minister for Environment and Climate Change insofar as it relates to the
management and administration of the Office of the Registrar-General and the Office of Titles. The Act is
otherwise administered by the Attorney-General.
Valuation of Land Act 1960
Except Divisions 1 and 2 of Part III and Divisions 4 and 5 of Part III where they relate to the determination of
appeals by a Land Valuation Division of the Victorian Civil and Administrative Tribunal and Part IV in so far as it
relates to the administration of those provisions. These provisions are administered by the Attorney-General.
Victorian Conservation Trust Act 1972
Victorian Environment Assessment Council Act 2001
Victorian Plantations Corporation Act 1993
Water Industry Act 1994
Parts 4, 4A, 7 and 8. The Act is otherwise administered by the Minister for Water.
Wildlife Act 1975
Certain provisions of this Act are jointly administered with the Minister for Agriculture and Food Security or are
administered by Minister for Agriculture and Food Security alone.
Zoological Parks and Gardens Act 1995
Minister for Water
Catchment and Land Protection Act 1994
This Act is jointly and severally administered with the Minister for Environment and Climate Change.
Conservation, Forests and Lands Act 1987
Insofar as it relates to the exercise of powers for the purposes of the Catchment and Land Protection Act 1994,
these powers are jointly and severally exercised with the Minister for Environment and Climate Change. The Act is
otherwise administered by the Minister for Agriculture and Food Security and the Minister for Environment and
Climate Change.
Groundwater (Border Agreement) Act 1985
Murray Darling Basin Act 1993
State Owned Enterprises Act 1992
Division 2 Part 2 insofar as it relates to the Water Training Centre. The Act is otherwise administered by the
Minister for Multicultural Affairs and Citizenship, the Minister for Environment and Climate Change and the
Treasurer.
Water Act 1989
Water (Commonwealth Powers) Act 2008
Water Efficiency Labelling and Standards Act 2005
Water Industry Act 1994
Except for Parts 4, 4A, 7 and 8, which are administered
by the Minister for Environment and Climate Change.
Implementation of the Victorian Industry Participation Policy
The Victorian Industry Participation Policy Act 2003 requires public bodies and departments to report on the
implementation of the Victorian Industry Participation Policy (VIPP). VIPP requires opportunities for local supply
and/or participation to be identified as part of the tendering process. Departments and public bodies are required
to apply VIPP in all tenders over $3 million in metropolitan Melbourne and $1 million in regional Victoria.
Contracts commenced
During 2012–13 the department commenced eight contracts totalling $39.7 million in value to which the VIPP
applied. The contracts commenced included one in metropolitan Melbourne with a total value of $8.4 million, five
in regional Victoria with a total value of $8.8 million and two statewide with a total value of $22.5 million.
The commitments by contractors under VIPP include:
• an overall level of local content ranging from 45 to 100 per cent of the total value of the contracts
• 133 full time equivalent jobs
• 10 apprenticeships/traineeships.
The benefits to the Victorian economy in terms of skills and technology transfer include:
• management, maintenance and software training on VicMap topographic data
• civil works, installation of fire services and storm water storage
• innovative development and methodology in native vegetation information management.
Contracts completed
During 2012–13, the department completed 11 contracts totalling $41.8 million in value to which VIPP applied.
The contracts included two in metropolitan Melbourne with a total value of $9.3 million, eight in regional Victoria
with a total value of $21 million and one statewide with a total value of $11.5 million.
The outcomes reported by contractors under VIPP included:
• an overall level of local content ranging from 36 to 100 per cent of the total value of the contracts
• 170 full time equivalent jobs
• one apprenticeship/traineeship.
The benefits to the Victorian economy in terms of increased skills and technology transfer include:
• management, maintenance and development of VicMap Topographic database
• construction of bridges, engineering and design in coastal land slips
• fleet management.
Consultancies
Details of consultancies greater than $10,000
The department did not engage any consultants during 2012–13 where the total fees payable were valued in
excess of $10,000 (exclusive of GST).
Details of consultancies less than $10,000
The department did not engage any consultants during 2012–13 where the total fees payable were valued at less
than $10,000 (exclusive of GST).
Disclosure of major contracts
During 2012–13, the department entered into one contract greater than $10 million in value. Details of the
contract were published on the Victorian Government’s contracts publishing system and can be viewed online
(www.tenders.vic.gov.au).
Disclosure of government advertising expenditure
Details of advertising and communication campaigns conducted in 2012–13 are provided in the table below.
Details of government advertising expenditure (campaigns with a media spend of $150,000 or greater)
Campaign Campaign
name
summary
Planned
burning
The department implemented
an external communications
campaign focused on alerting
communities to the increased
planned burning program and
how to seek further information
about where and when burns
are taking place. The campaign
includes: advertisements,
media placements, improved
notification methods, roadside
signage and social media
activity. Advertisements also
inform people about
precautions they can take to
reduce the impacts of smoke
on health and information is
also distributed through health
networks.
Advertising
Start
(media)
and
2012–13
end
date
(ex GST)
1 July
2012 –
30 June
2013
$542,582
Creative and
campaign
development
2012–13
Research
and
evaluation
2012–13
Other
Print and
campaign
collateral expenditure
2012–13
2012–13
(ex GST)
(ex GST)
(ex GST)
(ex GST)
$8,839
$84,000
NA
$157,186
Freedom of Information
The Freedom of Information Act 1982 gives everyone the right to seek access to documents held by government.
The department’s Freedom of Information (FOI) Unit can be contacted on 9637 8186.
FOI requests have to be made in writing. A request can be submitted using the website FOI Online
(www.foi.vic.gov.au) or by sending an application to:
Freedom of Information
Department of Environment and Primary Industries
PO Box 500
East Melbourne Victoria 3002
From 1 July 2013, the application fee to make an FOI request is $25.70. For people on a low income, the
department can waive this fee. There may be further charges depending on the time it takes to find the
documents and photocopy them and the number of pages to be photocopied.
For the period 1 July 2012 to 30 June 2013, the department received 144 new FOI requests. They came from:
Number
Per cent
Individuals
45
31%
Lawyers
40
28%
Members of Parliament
31
22%
Journalists
12
8%
Companies
10
7%
6
4%
Community groups
The total number of requests received was higher than the number received in 2011–12. The department
received more requests from Members of Parliament (31 compared to 22 in 2011–12) and individuals (45
compared to 29 in 2011–12). Fewer requests were received from journalists (12 compared to 17 in 2011–12). A
greater number of requests were received from lawyers (40 compared to 33 in 2011–12).
For the same period, the department made decisions on 104 requests. Sixteen of these requests were received
during the previous financial year. The outcomes were:
Number
Per cent
Full access granted
26
25%
Partial access granted
46
44%
Access denied
10
10%
No relevant documents found
22
21%
The average processing time was 24 days. The number of days taken was:
0 – 45 days
46 – 90 days
Number
Per cent
103
99%
1
1%
91+ days
0
0%
The department also responded to an additional 29 requests. The outcomes were:
Number
*
Request not processed *
17
Transferred
12
Request not processed includes: all requested documents released outside the Act; request withdrawn by applicant;
request was not processed; deposit not paid.
The Secretary received nine applications for an internal review of decisions to deny access to some or all
documents requested. The results of these internal reviews were:
Number
Original decision upheld
7
Original decision varied
2
Original decision overturned
0
Two applications for review of an FOI decision were made to the Victorian Civil and Administrative Tribunal
(VCAT). VCAT confirmed the agency decision for one application. The second was withdrawn. One application
received in the previous financial year was also finalised this year. VCAT varied the original decision.
Ombudsman enquiries
The Ombudsman referred 15 general enquiries to the department in 2012–13. All of these enquiries were
finalised by the department during the year. No formal investigations were conducted by the Ombudsman.
Protected Disclosure Act 2012 (formerly the Whistleblowers Protection Act 2001)
The Protected Disclosure Act 2012 encourages and assists people in making disclosures of improper conduct by
public officers and public bodies. The Act provides protection to people who make disclosures in accordance with
the Act and establishes a system for the matters disclosed to be investigated and rectifying action to be taken.
The Protected Disclosure Act 2012 commenced on
10 February 2013 when the Whistleblowers Protection
Act 2001 was repealed.
The department does not tolerate improper conduct by employees, nor the taking of reprisals against those who
come forward to disclose such conduct. The department is committed to ensuring transparency and
accountability in its administrative and management practices, and supports the making of disclosures that reveal
corrupt conduct, conduct involving a substantial mismanagement of public resources, or conduct involving a
substantial risk to public health and safety or the environment.
The department will take all reasonable steps to protect people who make such disclosures from any detrimental
action in reprisal for making the disclosure. The department will also afford natural justice to the person who is
the subject of the disclosure to the extent it is legally possible.
Reporting procedures
Disclosures of improper conduct or detrimental action by the department or its employees may be made to the
following officers:
Protected Disclosure Coordinator
Ms Jennifer Berensen
PO Box 500
East Melbourne Victoria 3002
Telephone: (03) 9637 8697
Fax: (03) 9637 8128
Email: jennifer.berensen@depi.vic.gov.au
Protected Disclosure Officer
Ms Kim Reeves
PO Box 500
East Melbourne Victoria 3002
Telephone: (03) 9637 9730
Fax: (03) 9637 8128
Email: kim.reeves@depi.vic.gov.au
Alternatively, disclosures of improper conduct or detrimental action by the department or its employees may also
be made directly to the Independent Broad-based Anti-corruption Commission (IBAC):
IBAC Victoria
Level 1, North Tower, 459 Collins Street
Melbourne, VIC 3001
Phone: 1300 735 135
Mail: IBAC, GPO Box 24234, Melbourne, VIC 3000
www.ibac.vic.gov.au
Further information
Written guidelines outlining the procedures for reporting protected disclosures are available on the department’s
website (www.depi.vic.gov.au).
There were no disclosures made to the department and notified to IBAC during 2012–13.
There were no disclosures under the Whistleblowers Protection Act 2001 during 2012–13.
Compliance with the Carers Recognition Act 2012
The department has taken all practical measures to comply with its obligations under the Carers Recognition Act
2012 to ensure staff have an awareness and understanding
of the care relationship principles set out in the Act.
The department has a carer’s leave policy that allows staff to take leave to care for immediate family members.
This includes spouses, children, siblings, parents and grandparents. New staff are made aware of the policy
as part of the induction program.
The department has also set up an informal network for employees with disabilities and employees who are
carers for family members with disabilities to meet about shared issues and offer a supportive structure at work.
In addition, a formal program of awareness raising about
the Act is planned for the second half of 2013.
Compliance with the Building Act 1993
The department complies with the Building Act 1993, the Building Regulations 2006 and associated statutory
requirements and amendments. Either an Occupancy Permit or a Certificate of Final Inspection is obtained for
new facilities or for upgrades to existing facilities endorsed by a Municipal Building Surveyor or a Registered
Building Surveyor Practitioner.
Major works projects commenced or completed in 2012–13 include:
• Anglesea office and depot redevelopment
• Daylesford depot redevelopment
• Heidelberg office refurbishment
• Laverton statewide seed shed
• Toolangi office and depot upgrade
• Bendoc depot redevelopment
• Dargo depot redevelopment
• Altona rappel tower
• Noojee office and depot redevelopment.
Maintenance of buildings in a safe and serviceable condition
The department’s leased portfolio is managed by the Department of Treasury and Finance’s Shared Service
Provider.
The department has a facilities management contract with Five D Holdings Pty Ltd for the balance of its owned
portfolio across 190 sites. The owned portfolio includes offices, combined office/depot sites, depots, residences,
airbases and fire lookout towers. Five D is responsible for maintaining the buildings in a safe and serviceable
condition and for providing the annual essential safety measures report for the buildings. Quality assurance,
performance measures and governance are incorporated into the contract to ensure that contract requirements
are met and standards maintained.
National Competition Policy
In 1996, the federal, state and territory governments agreed to review and, where appropriate, reform all existing
legislative restrictions on competition. Under the National Competition Policy, the guiding legislative principle is
that legislation, including future legislative proposals, should not restrict competition unless it can be
demonstrated that:
• the benefits of the restriction to the community as a whole outweigh the costs
• the objectives of the legislation can only be achieved by restricting competition.
The department has reviewed all legislation under its control, and continues to apply the competition assessment
guidelines in the Victorian Guide to Regulation to all new legislative proposals.
Competitive neutrality requires government businesses to ensure where services compete – or potentially
compete – with the private sector, any advantage arising solely from their government ownership be removed if
they are not in the public interest. Government businesses are required to cost and price these services as if they
were privately owned and thus be fully cost reflective. Competitive neutrality policy provides government
businesses with a tool to enhance decisions on resource allocation. This policy does not override other policy
objectives of government and focuses on efficiency in the provision of service. The department is working to
ensure that competitive neutrality requirements are fulfilled.
Water Resource Assessment Program
Background
Under Section 22 (1) of the Water Act 1989, the Minister is required to ensure that a continuous program of
assessment of the state’s water resources is undertaken. Under Section 22 (2), the water resources assessment
program must provide for the collection, collation, analysis and publication of information about:
(a) the availability of water, including surface water and groundwater
(ac) the environmental water reserve
(b) the disposal of wastewater (including trade waste, sewage and saline water)
(c)
the use and re-use of water resources
(d) floodwaters
(e) drainage and waterway management
(f)
water quality (including salinity)
(g) in-stream uses of water
(ga) current and historic levels of allocation and use of surface water and groundwater
(gb) current and historic condition of waterways and aquifers
(h) anything else that the Minister decides is appropriate.
Section 26 of the Act requires the department to report annually on these areas. The information below
summarises the processes in place to collect and provide information about these areas.
a) Availability of water
Surface water
The state’s surface water resources assessment network includes 845 sites that were monitored in 2012–13
through four regional water monitoring partnerships. These partnerships comprise 37 public and private
organisations that procure their monitoring requirements under this program. The partnerships include state
government departments, water corporations, catchment management authorities, local shires and councils, the
Bureau of Meteorology, and the Murray-Darling Basin Authority.
Surface water monitoring services are procured by the department on behalf of the regional water monitoring
partnerships to ensure efficiency and statewide consistency in data quality.
The program delivers legislative obligations under section 22 of the Act and section 126 of the Commonwealth
Water Act 2007 and contributes to a range of business needs across the partnership including:
• operational decision making
• compliance reporting
• flood warning
• statewide policy development for water resources
• river health management
• reporting for the monthly water report, the annual water quality reports and the longer term water quality trend
reports.
All surface water data collected through the partnerships is available via the Victorian Water Resources Data
Warehouse (www.vicwaterdata.net). Summary reports on historical longer term trends of surface water quality
and the current status water quantity are available on the data warehouse and the Monthly Water Report
(www.depi.vic.gov.au/water).
Victorian water resources data warehouse
The Victorian Water Resources Data Warehouse
(www.vicwaterdata.net) was launched in June 2000 and contains current and historical information on stream
flow, groundwater levels, water quality and river health for Victoria.
A project to replace the Victorian Water Resources Data Warehouse began in April 2009 and is due to be
completed in September 2013. The system is based on industry standard software Hydstra, and will increase the
access and useability of groundwater and surface water information.
Groundwater
Groundwater occurrence varies in size and volume throughout Victoria. It lies beneath all parts of the state but is
not always useable. Its potential for use is generally dependent on salinity and how much water can be extracted
(aquifer yield). The location of aquifers is independent of surface water basins, with some aquifers extending
beneath several.
While groundwater can be a reliable source of water, its overuse can result in failure of supply. Groundwater has
a value when it is extracted for a range of uses including irrigation, commercial, urban or stock watering, and
when left in situ where it may support groundwater dependent ecosystems including contributing to base flow in
streams and wetlands or supporting a variety of terrestrial flora.
Victoria monitors around 2500 bores on a quarterly basis to understand the groundwater level trends.
Additionally, rural water corporations conduct monthly monitoring of about 500 bores. Accurate monitoring data is
important and helps with the resolution of management issues, questions or disputes raised by groundwater
users.
All groundwater data, including data collected during 2012–13, is available via the Victorian Water Resources
Data Warehouse (www.vicwaterdata.net). Summary reports on historical longer term trends in groundwater levels
across the state are available on the departmental website (www.water.vic.gov.au). Information on groundwater
use and trends is also provided in the annual Victorian Water Accounts.
ab) Use of one water source as a substitute for another water source
Under Ministerial Reporting Direction 03, water corporations are required to provide information in their annual
reports on how they are promoting the integrated and sustainable use of water resources in their region, including
better use of alternative supplies. This includes any projects undertaken to meet targets set in the entity’s
corporate plan to deliver water recycling and water conservation. Water corporations’ annual reports are tabled in
Parliament.
ac) Environmental water reserve
The Environmental Water Reserve (EWR) is the legal term for water set aside for the environment under the
Water Act 1989. The EWR comprises water defined by:
• entitlements for the environment which are called either environmental bulk entitlements or environmental
entitlements
• the operation of caps on licensed consumptive water use (such as sustainable diversion limits or permissible
consumptive volumes), and conditions on consumptive bulk entitlements, licences and permits, and as set out
in management plans.
The majority of the EWR is set aside through the latter.
In regulated systems, the EWR is established through environmental entitlements, environmental bulk
entitlements and various operational conditions on consumptive water use. The environmental entitlements and
environmental bulk entitlements refer to water usually held in and released from storages. They are held by the
Victorian Environmental Water Holder (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. Environmental watering decisions by the VEWH are guided by seasonal watering proposals
prepared by each of the catchment management authorities and Melbourne Water. VEWH weighs the regional
priorities identified in these proposals to develop an annual seasonal watering plan for the state. The plan
specifies the objectives for the use of the water, planned storage releases and monitoring requirements. The
operation of the VEWH is overseen by the Minister for Environment. Further details about VEWH can be found
on its website (www.vewh.vic.gov.au).
The water holdings held by VEWH increased during 2012–13 through the granting of two new environmental
entitlements. The Campaspe River Environmental Entitlement 2013 provides 15,053 ML of high reliability
entitlement and 8,100 ML of long term average entitlement to the Campaspe system. The Blue Rock
Environmental Entitlement 2013 provides VEWH 9 per cent of the inflow into Blue Rock Reservoir in the Latrobe
system.
Amendments were also made to the following entitlements held by VEWH:
• Bulk Entitlement (Thomson River – Environment) Conversion Order 2005
• Bulk Entitlement (Loddon River – Environment) Order 2005
• Bulk Entitlement (River Murray – Flora and Fauna) Conversion Order 1999.
During 2012–13, Victoria’s rivers, wetlands and floodplains experienced another year of average to wet
conditions. Some systems experienced natural flooding, providing continued opportunity for much-needed
recovery of plant and animal populations following the extended and severe drought experienced since 1997.
Environmental watering in 2013–14 will largely focus on building on this environmental recovery and further
enhancing the priority environmental values of Victoria’s rivers, wetlands and floodplains.
Environmental water delivery during 2012–13 benefited 71 Index of Stream Condition river reaches and 14
wetlands including:
• Thomson and Macalister rivers and the lower Latrobe Wetlands in Gippsland
• Yarra, Tarago, Werribee and Moorabool rivers in central Victoria
• Wimmera, McKenzie and Glenelg rivers in western Victoria
• six wetlands in the Wimmera-Mallee wetland complex
• Corangamite wetlands (Hospital Swamps)
• the following systems in northern Victoria
– Goulburn, Campaspe and Loddon rivers and Broken, Gunbower and Birches creeks
– Living Murray Icon sites – including Barmah-Millewa Forest, Gunbower Forest and Lindsay Island (Lake
Wallawalla)
– Mallee River Murray wetlands – including Robertson wetland, Cardross Lake, Lake Koorlong, Brickworks
Billabong, Sandilong Creek, Round Lake, McDonalds Swamp and Richardson’s Lagoon.
Full details of 2012–13 environmental watering activities will be provided in the annual watering booklet
developed by the VEWH. This will be available on the VEWH website along with the 2011–12 booklet
(www.vewh.vic.gov.au/news-and-resources/resource-library/annual-watering-booklets). Previous watering
booklets were prepared by the former DSE and can be found on the department’s website
(www.water.vic.gov.au/environment/rivers/flows).
In unregulated rivers, the EWR is set aside either through conditions on licences and bulk entitlements, caps or
through statutory water management plans and non-statutory local management plans. Water corporations are
responsible for ensuring that these conditions for the EWR are met.
During 2012–13, the State Government implemented improved environmental flows and management conditions
in priority, flow stressed unregulated and regulated rivers by:
• finalising Victoria’s first integrated surface water and groundwater management plan for the Upper Ovens River
• finalising two other stream flow management plans
• expanding the use of smart meters to provide real-time information on water use and stream flows, enabling
better flow sharing arrangements to manage Victoria’s water resources
• improving estimates of water interception by farm dams throughout the state
• finalising the revision of the FLOWS methodology for determining water requirements for streams and the
Estuary Environmental Flows Assessment Methodology
• continued investigations with North East Water into
co-investment options to improve environmental flows
in the Ovens River.
b) Disposal of wastewater (including trade waste, sewage and saline water)
Regional water corporations are required to provide a performance report on wastewater disposals, as part of the
report of operations in their annual reports. The performance report includes indicators related to financial,
service delivery and environmental performance. Specific wastewater indicators are prepared for reliability of
collection services, quality of disposal and management. The annual reports are tabled in Parliament.
c) Use and re-use of water resources
See section ab) above, ‘The use of one water source as a substitute for another water source’.
d) Floodwaters
The department is the lead agency for coordination of floodplain management in Victoria. One of its primary
functions is to help reduce flood risks and reduce the cost of damage to the community. The department assists
catchment management authorities and municipalities to improve their knowledge of areas of flood risk and
ensuring that new development is compatible with the flood risk.
Regional floodplain management strategies developed by each catchment management authority provide a
framework through which high priority flood studies are carried out and floodplain management strategies
implemented. These are generally funded using a combination of local, state and federal funding. The
department contributes to the funding, provides input where appropriate, helps assess funding bids and monitors
progress.
Flooding occurred in Melbourne and Gippsland in June 2013, but impacts were not as significant as 2010–11
where much of Victoria was affected. The department provided support staff, as required, to SES-led operations
at the state and incident level.
In November 2012 the Victorian Government released its response to 31 recommendations related to the
department’s portfolio contained in the Review of 2010–11 Flood Warnings and Response, by Neil Comrie. The
review was released in December 2011. A multi-departmental committee has been established to oversee the
implementation of the government’s response to the recommendations.
In response to the review, the department is working collaboratively with relevant agencies to improve and
enhance flood information in three key areas:
• flood gauging improvements: upgrades to existing river height gauges and installation of new rainfall and river
height gauges
• flood mapping and risk assessments: mapping floods for use in emergency response and land use planning,
and the identification of mitigation measures
• flood intelligence platform: a computer-based platform that integrates flood observations and flood mapping
with potential impacts before, during and after a flood event. This platform will enable better agency
cooperation and inform communities with locally specific flood advice.
To date, upgrades to river heights gauges have focused on the regions affected by the 2011 floods, with more
than 110 gauge upgrades completed or underway. Extensive consultation is underway to identify and scope the
key requirements for the flood intelligence platform.
Funding has been provided through the Natural Disaster Resilience Grants Scheme for 13 new and 13 ongoing
flood mitigation projects in 2012–13. These focus on flood mapping and risk assessments, flood education, flood
warning system improvements and levee construction. Applications for 2013–14 are being considered jointly with
the Office of the Emergency Services.
The Environment and Natural Resources Committee (ENRC) tabled its report on the Parliamentary Inquiry into
Flood Mitigation Infrastructure in Victoria in August 2012. The government’s response to the Inquiry has been
delayed by a separate inquiry into regional drainage (completed in June 2013). The department is coordinating
the government’s response, which is expected early in 2013–14. Preparatory work has been undertaken on the
Victoria Flood Management Strategy, which will be updated in 2013–14. The update will be informed by the
outcomes of the Victorian Floods Review and the ENRC Inquiry.
The department is working with relevant councils on four local coastal hazard assessments, in priority coastal
areas to help them plan for potential flooding associated with sea level rise and storm surges.
e) Drainage and waterway management
Waterway management
The implementation of waterway management actions is the responsibility of catchment management authorities
across Victoria and Melbourne Water in the Port Phillip and Western Port region under the Water Act 1989. In
2012–13 the State Government invested more than $25.9 million for the protection and restoration of Victoria’s
rivers and wetlands. As the caretakers of river health, catchment management authorities invest these funds
according to agreed works programs and at the end of the year report their achievements. The delivery of
projects and services through these agreed works programs is tracked and reported annually through
performance reports. These reports are consolidated to demonstrate the statewide effort to protect and restore
the health of Victoria’s rivers and wetlands
Drainage
The department provided a submission into an ENRC inquiry into regional drainage. The Committee’s report was
released in June 2013.
f) Water quality (including salinity)
Surface water quality monitoring program
Water quality monitoring was conducted at 451 partnership sites across the state in 2012–13. A range of water
quality parameters are either continuously monitored or sampled at regular intervals from these sites, and cover a
range of physical, chemical, nutrient, metal, anion, cation, organic load and algal analyses. Data from the
monitoring network is made publicly available through the Victorian Water Resources Data Warehouse.
g) In-stream uses of water
Stream use
Refer to the ‘Environmental water reserve’ section above for details regarding the in-stream use of water
ga) Current and historic levels of allocation and use of surface water and groundwater
Groundwater
Groundwater is extracted for a variety of purposes, including town water supply, rural domestic consumption,
stock watering, irrigation and industry. Areas of significant demand are classified as water supply protection
areas (WSPAs) or groundwater management areas (GMAs).
Increased demands for access to groundwater have come from a range of sources including exploration and
mining. New earth resource technologies are also looking to groundwater to support their extraction processes. In
order to manage groundwater effectively across the state, Victoria is implementing a revised groundwater
management framework. The framework includes describing groundwater management at a catchment scale and
updated guidance on the approach to sharing and managing Victoria’s groundwater resource.
gb) Current and historic condition of waterways and aquifers
Assessment of river, wetland and estuary condition
Waterway condition or health in Victoria is measured using a number of integrated monitoring tools known as the
Index of Stream Condition (ISC), Index of Wetland Condition (IWC) and the Index of Estuary Condition (IEC).
These assessments are carried out every eight years and they measure statewide condition and the long-term
effectiveness of the river health rehabilitation programs. The results of the third ISC assessment will be released
during 2013. The first statewide wetland assessment looked at 827 wetlands. An Index of Estuary Condition (IEC)
has been trialled across 40 estuaries.
h) Victorian water accounts
The Victorian Water Accounts (VWA) is an annual statewide summary of Victoria’s water resources. The
Victorian Water Accounts 2010–2011, the eighth annual report to provide a summary of water availability, water
allocation and use at bulk water supply level, was publicly released in October 2012. Including a statewide
overview and basin water accounts for the 29 Victorian river basins, the accounts form a publicly available record
of surface water and groundwater resources for the water year 1 July 2010 to 30 June 2011.
Published in hard copy and online, the VWA documents water availability and provides assessments of rainfall,
stream flow and groundwater levels, as well as water storage information. Information regarding water taken for
consumptive use and water set aside for environmental purposes is provided in the context of the Victorian water
allocation framework. The framework sets out entitlements to water. Information on reuse of treated wastewater
is also reported in the accounts.
The VWA sources key data from the state’s surface water and groundwater monitoring networks, and draws on
information from water businesses, the department, the Essential Services Commission, the Murray-Darling
Basin Authority and catchment management authorities.
The 2010–2011 VWA complements the work being undertaken within Victoria and nationally to improve water
accounting and reporting.
Sustainable water strategies
Sustainable water strategies (SWS) set out long term plans to secure each region’s water future. The strategies
identify threats to water availability in the region and identify policies and actions to help water users, water
corporations and catchment management authorities manage and respond to those threats over the next 50
years.
Four regional sustainable water strategies that cover the state were produced between 2006 and 2011. The first
strategies completed were the Central Region SWS in 2006 and the Northern Region SWS in 2009. The
Gippsland Region SWS and the Western Region SWS were completed in November 2011.
Previous DSE annual reports have documented progress in implementing the strategies, as required under
section 22J of the Water Act 1989.
Western Region and Gippsland Region Sustainable Water Strategies
The Western Region covers agricultural and urban centres including Colac, Port Campbell, Horsham, Stawell,
Ararat, Hamilton, Warrnambool and Portland. River basins include the Otway Coast, Corangamite, Hopkins,
Glenelg, Portland, Millicent, Wimmera, Avoca and the southern half of the Mallee.
The Gippsland Region spans the area south of the Great Dividing Range in Victoria from the Latrobe River
catchment and the Strzelecki Ranges, to the New South Wales border in the east. The larger urban centres
within the region include Warragul, Traralgon, Wonthaggi, Sale and Bairnsdale.
Many of the actions and policies in the Gippsland Region Sustainable Water Strategy (GRSWS) and the Western
Region Sustainable Water Strategy (WRSWS) were due for completion by the end of 2012 and have been
successfully implemented. Other actions are still to be completed or are of an ongoing nature. Some actions that
were implemented over 2012–13 are described below.
Improved approach to managing groundwater
During 2012–13 work continued on improving the way groundwater is managed in Victoria. Some of the main
tasks were:
• developing a program to upgrade and refine the groundwater monitoring network (GRSWS Action 3.8,
WRSWS Action 4.9)
• identifying new groundwater management boundaries that will be progressively reflected in management
arrangements over the next few years (GRSWS Action 3.15, WRSWS Action 4.1)
• documenting existing management arrangements in local management plans (see below).
Blue Rock drought reserve
Since the release of the Gippsland Region SWS, the department has been working closely with stakeholders to
establish a drought reserve in Blue Rock Reservoir. The drought reserve was established in early July 2013 and
will provide entitlement holders on the Latrobe River system with access to additional water supplies in times of
drought. In addition, more water has been provided for the environment in the Latrobe River through a new
environmental entitlement in Blue Rock Reservoir. The department is continuing work on arrangements to make
an additional share of Blue Rock Reservoir available for Gippsland Water and for irrigators on the lower Latrobe
River.
Local management plans
Local management plans are being developed for many areas across Victoria (GRSWS Action 3.4 and WRSWS
Action 3.5) with the aim of documenting existing management arrangements. Across the two SWS regions, 13
surface water plans are expected to be completed mid–2013 after the bulk of the work on them was completed in
2012–13, and a further two more will be completed by the end of 2013. Groundwater local management plans for
all of Southern Victoria have been prepared and will be complete pending final approval by Southern Rural
Water. Guidelines are being drafted to guide future reviews of the local management plans.
Harvesting of high flows, and staged release of unallocated water
During 2012–13, actions about harvesting high flows outside the winter-fill period (GRSWS Action 4.3, WRSWS
Action 3.10) and the staged release of unallocated water (GRSWS Action 3.3, WRSWS Action 3.14) were
initiated. Due to better streamflow over the past few years, and a lack of demand for new water, there has been
less of an imperative to implement these actions immediately.
The action about harvesting high flows outside the winter-fill period is underway, and will identify proposed
changes to the take and use policies to enable water corporations to implement the policy on relevant river
systems through their local management plans.
The GRSWS confirmed 6 GL would be made available through an expression of interest or auction process on
the Mitchell River system. Southern Rural Water has deferred releasing the unallocated water, pending the
completion of the Lindenow Valley Water Security Project. On other systems, Southern Rural Water will continue
to consider applications for new water where winter fill licences are available.
Water law review
The Water Act 1989 and Water Industry Act 1994 are currently being reviewed. An Exposure Draft of the new
Water Bill 2014 is being prepared for public comment in late 2013. After feedback on this Bill is considered, it will
be finalised with the intention that it will be introduced into Parliament in the first half of 2014.
For efficiency, SWS actions and policies that require amendments to the Water Act are being addressed through
this review. These include:
• reviewing the process for declaring water supply protection areas and developing statutory management plans
(GRSWS Action 3.5, WRSWS Action 3.6)
• amending the Water Act 1989 to clarify rights to alternative water sources i.e. stormwater in local government
drains (GRSWS Action 4.5b, WRSWS Action 3.13b)
• providing the legislative framework to manage the water impacts of land use change (GRSWS Action 3.10,
WRSWS Action 5.3)
• providing clarity for users around the entitlements and allocation framework (GRSWS Action 3.14, WRSWS
Action 3.4)
• enabling take and use licences to be issued for up to 20 years provided the benefits and risks have been
assessed (GRSWS Action 3.6, WRSWS Action 3.1)
• improving information about stock and domestic use (GRSWS Actions 3.12 and 3.13, WRSWS Actions 3.2
and 3.3)
• streamlining the approval of works licences to construct storages (GRSWS Action 4.4, WRSWS Action 3.9)
• consistent groundwater licensing requirements for new quarries and mines (GRSWS Action 3.17).
Northern Region and Central Region Sustainable Water Strategies
Most key actions in the Northern Region and Central Region sustainable water strategies have now been
implemented. Further consideration of the outstanding actions proposed in these strategies is now required given
more recent developments and government priorities, such as finalising and implementing the Murray-Darling
Basin Plan, undertaking a comprehensive review of water legislation, developing a new Victorian Waterway
Management Strategy, and implementing the Government’s Living Melbourne, Living Victoria agenda.
The Northern Region SWS was released in December 2009. Most actions in the Northern Region SWS have
been completed or are of an ongoing nature. A number of remaining actions are closely linked to the MurrayDarling Basin Plan, which was finalised in December 2012.
Given these links, and the significant implications the Basin Plan will have on water management in northern
Victoria, the department is reviewing remaining or ongoing Northern Region SWS actions to determine their
relation to implementation of the Basin Plan and best means of drawing them to a close.
The Central Region SWS was released in 2006. Most actions in the Central Region SWS have been implemented
or are of an ongoing nature. In the Central Region, the government is focused on implementing the Living
Melbourne, Living Victoria agenda, which aims to establish Victoria as a world leader in integrated water cycle
management. The government established the Office of Living Victoria to deliver key aspects of this initiative,
including administering the Leading the Way – Living Victoria Fund, developing an integrated water strategy for
Melbourne and preparing integrated water cycle plans for Melbourne’s regions.
The department will undertake a stocktake of any remaining or ongoing Central Region SWS actions and their
relation to the Living Melbourne, Living Victoria agenda to confirm how they will be drawn to a close.
Where appropriate, actions or policies from these SWSs that are ongoing or longer term in nature will be built into
work programs of the government priorities mentioned above or other relevant government initiatives.
Additional information available on request
In compliance with the requirements of the Standing Directions of the Minister for Finance, details in respect of
the items listed below have been retained by the department and are available to the relevant ministers,
Members of Parliament and the public on request (subject to freedom of information requirements, if applicable).
(a) A statement that declarations of pecuniary interests have been duly completed by all relevant officers.
(b) Details of shares held by a senior officer as nominee or held beneficially in a statutory authority or
subsidiary.
(c)
Details of publications produced by the entity about itself, and how these can be obtained.
(d) Details of changes in prices, fees, charges, rates and levies charged by the entity.
(e) Details of any major external reviews carried out on the entity.
(f)
Details of major research and development activities undertaken by the entity.
(g) Details of overseas visits undertaken including a summary of the objectives and outcomes of each visit.
(h) Details of major promotional, public relations and marketing activities undertaken by the entity to develop
community awareness of the entity and its services.
(i)
Details of assessments and measures undertaken to improve the occupational health and safety of
employees.
(j)
A general statement on industrial relations within the entity and details of time lost through industrial
accidents and disputes.
(k)
A list of major committees sponsored by the entity, the purposes of each committee and the extent to which
the purposes have been achieved.
(l)
Details of all consultancies and contractors including consultants/contractors engaged; services provided;
and expenditure committed to for each engagement.
Requests for additional information may be made by telephone on (03) 9637 8807 or in writing to the following
address:
Executive Director Finance and Planning
Department of Environment and Primary Industries
8 Nicholson Street
East Melbourne Victoria 3002