River Murray – Darling to sea: a nationally protected ecological community This information guide is intended to help the public understand what the River Murray-Darling to sea ecological community is, why it is nationally protected, what the listing aims to achieve, and what the listing means for people in the region. IN SUMMARY: The River Murray-Darling to sea ecological community is now recognised as critically endangered and protected under Australia's national environment law, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). It is the first riverine system to be recognised as a nationally threatened ecological community. The listing describes the Murray River from its junction with the Darling to the Coorong and associated wetlands and floodplains as a single connected biological system. The national Threatened Species Scientific Committee found that this aquatic system has experienced wide-ranging loss of biodiversity and ecological function that is unlikely to be restored in the short-term. The intent of the listing is to prevent its decline and to provide support to on-ground efforts that ensure its long-term survival and recovery. The conservation advice approved by the Threatened Species Scientific Committee outlines a range of priority research and management actions that provide guidance on how to manage; restore and protect the ecological community. The listing promotes a co-ordinated, ecosystem-scale approach to threat abatement in the region and supports existing national protection of the Ramsar wetlands and many threatened and migratory species that are found within the ecological community. EPBC Act protection of the system complements the key Commonwealth, state and local plans and measures that are in place, including the Water for the Future program and the Murray-Darling Basin Plan, and its associated environmental watering. The scientific committee noted that recovery of the system is possible in the longer term if such plans and measures are implemented. Listing under the EPBC Act means that an activity that is likely to have a significant impact on the ecological community will need to be referred to the Commonwealth environment minister for assessment and approval. Routine property maintenance and land management practices carried out in line with laws and guidelines covering native vegetation, fishing and water management typically do not require referral under national environment law. This includes most farming, fishing and irrigation activities. This will not change. The national environment law is triggered by activities that are likely to have a significant adverse impact on the listed ecological community; activities such as large new developments, works or infrastructures. For example, activities that involve permanently clearing large areas of intact and high-quality native vegetation or permanent drainage. The Water Act and the Murray Darling Basin Plan, rather than the EPBC Act, are the Commonwealth legislative mechanisms for water resource management in the Murray-Darling Basin. Background Australia’s national environmental law, the EPBC Act, protects what are known as Matters of National Environmental Significance. The Act is only triggered if there is likely to be a significant impact to any of these matters. Threatened species and ecological communities are one of these Matters of National Environmental Significance. The EPBC Act defines an ecological community as an assemblage of native species that inhabits a particular area in nature. It is often applied to types of native vegetation, such as a certain kind of woodland or grassland or rainforest. However, it can also apply to wetlands and river systems, or marine habitats. The native plants and animals within an ecological community have different roles and relationships that, together, contribute to the healthy functioning of the environment. Protecting native communities also protects ecosystem services such as good quality air and water; healthy soils; natural prevention or control of erosion, salinity and acid sulphate soils; sustainable resources; shelter for stock; and the storage of carbon. These all contribute to better productivity of our land and water, which benefits people and society as well as the wider environment. Human settlements and infrastructures where an ecological community formerly occurred do not form part of the natural environment and are therefore not part of the ecological community—e.g. sites where an ecological community has been cleared or replaced by crops, exotic pastures or developments. This also applies to sites where the ecological community exists in a highlydegraded or unnatural state. For instance, cropping lands and exotic pastures or areas where much of the native vegetation has been replaced by exotic species, and are no longer part of a natural ecological community. River Murray at Bunyip Reach, South Australia - John Baker and DSEWPaC What is the River Murray-Darling to sea ecological community? The River Murray-Darling to sea ecological community is Australia’s first river system to be protected as a nationally threatened ecological community. The ecological community includes the assemblage of plants, animals and other organisms that rely on the River Murray and its associated wetlands and floodplains, including groundwater, from where it joins with the Darling River to its mouth, and the Coorong. Much of the ecological 1 community lies within South Australia. A stretch occurs along the Victoria–New South Wales border near Wentworth. The outer boundaries of this ecological community are defined as follows: It generally follows the 1956 floodline of the river. This line is well recognised in planning and regulations within South Australia. It includes the streams and tributaries of the eastern Mount Lofty Ranges and the MarneSaunders prescribed water resources areas in South Australia that connect with the Murray River and lower lakes. It includes Lake Victoria and a portion of the Darling Anabranch about 26 kilometres from the Murray River, due to the upstream limit of influence of Lock 9. The River Murray-Darling to sea ecological community now occurs within a highly-regulated environment in which much of the natural landscape has been modified or degraded. These highlymodified areas are not part of the ecological community, e.g. the terrestrial part of the ecological community—that is, the river banks and floodplains—only includes areas where native vegetation remains largely intact. The conservation advice, which provides a detailed description of the ecological community and an assessment of the threats impacting on it, is available along with higher resolution maps of its distribution on the department’s website at: http://www.environment.gov.au/cgibin/sprat/public/publicshowcommunity.pl?id=92 Indicative Map of the River Murray - Darling to sea ecological community. 2 Why is the River Murray-Darling to sea ecological community important? The River Murray-Darling to sea ecological community is a unique ecosystem in Australia that encompasses one of the most biodiverse sections of the Murray-Darling system and provides vital ecosystem services to the region and beyond. The ecological community covers a wide variety of habitats including river red gum floodplain woodlands, wetlands, the lower lakes and the Coorong, which are vital to the survival of numerous aquatic and terrestrial plants and animals in the region. The ecological community includes and connects important sites: o three Ramsar-listed Wetlands of International Importance: Riverland; Banrock Station Wetland Complex; and The Coorong, Lower Lakes and Murray Mouth o three of the six high-value and nationally-recognised Living Murray Icon Sites: River Murray Channel; Chowilla Floodplain, including Lindsay-Wallpolla Islands; and Lower Lakes, Coorong and Murray Mouth o many other wetlands recognised as nationally-important in the Directory of Important Wetlands in Australia. The region associated with the ecological community also has special significance to Indigenous peoples. For instance, the Ngarrindjeri, Barkandji (Paakantyi) and First Peoples of the River Murray and Mallee Region. The Coorong and lower lakes are part of the traditional country of the Ngarrindjeri and the region is an integral part of their creation story. Coorong National Park and River Murray Mouth DSEWPaC 3 Why does it need national protection? In August 2013, the Commonwealth environment minister listed the River Murray-Darling to sea ecological community after considering the advice of the Threatened Species Scientific Committee. As required under national environment law, the committee’s advice to list this ecological community was based on a rigorous scientific assessment. The scientific evidence supported the case for it to be protected at a broad community or system level and that it met the eligibility criteria for critically endangered under national environment law. The scientific committee found that this aquatic system has experienced wide-ranging loss of biodiversity and ecological function that is unlikely to be restored in the short-term. This includes the loss or decline of at least 10 important native species or species groups that have or had a key functional role in maintaining the health of the ecological community. Species that have suffered a significant decline include river red gums and the Murray cod. The ecological community has been severely degraded by a range of threats for many decades, including: changes to flow and flooding regimes, river regulation and infrastructure; increasing salinity; acid sulphate soils; increasing numbers of weed and pest species; and climate change impacts. The threats may operate to different degrees in the various parts of the ecological community and may be better managed at some sites than others. However, the impacts across the whole system are cumulative and significant. The overall aim of listing is to prevent its decline and to provide support to on-ground efforts that ensure its long-term survival. The conservation advice outlines a range of priority research and management actions that provide guidance on how to manage, restore and protect the ecological community. The listing promotes a more co-ordinated approach to threat abatement and management of the ecological community as an integrated system. River Red Gum, Finniss River DSEWPaC 4 What are the benefits of listing an ecological community as nationally threatened? There are a number of benefits to listing ecological communities under the Australia’s national environment law: Listing an ecological community can help to protect the landscapes that provide connectivity, corridors and refuge essential to protect and improve the ecological function, health and biodiversity of this system. It can protect habitat critical for refuge and recruitment for threatened species and for other species that are under pressure in the region. In turn, this helps foster the ecosystem services associated with an ecological community. Listing threatened ecological communities helps protect them from future significant human impacts that may cause further decline. The aim of the national environment law is to ensure the matters of national environmental significance are given due consideration, along with broader economic, social and other issues in the planning of any large projects. Where possible, significant adverse impacts to the environment should be avoided, or the impacts mitigated, reduced or offset, when unavoidable. National listing encourages agencies and community/Landcare groups to access environmental funding opportunities for conservation and recovery works. The Australian Government has a variety of funding programs to encourage landowners to continue to conserve biodiversity and ecosystem services on their properties. A conservation advice, published at the time of listing, provides guidance and options for environmental decision-making, including environmental watering and other rehabilitation and conservation initiatives in the region. In the case of the River Murray-Darling to sea ecological community: o the listing will provide landscape-scale protection that complements existing national protection of the Ramsar wetlands and many threatened and migratory species that are found within the ecological community o better protection at the system-scale will help ensure greater resilience against the impending threats of climate change—which have the potential to compound all other threats—and this is particularly important for major wetlands and the Coorong, which is the terminus of the entire Murray-Darling Basin o Australia’s national environment law focuses on the biodiversity conservation aspects of the river system that complements the environmental watering, water use allocation and other measures through the Murray-Darling Basin Plan o protecting the environmental values, including the all the ecosystem services associated with the ecological community, contributes to the long-term productivity of the landscape, including food and water security of the region o the listing also provides a range of environmental amenity benefits that support tourism and recreation activities, such houseboats and angling. 5 Lake Alexandrina at Milang Matt White and DSEWPaC What does the listing mean for landholders? The national environment law is triggered if an action is likely to have a significant adverse impact on the River Murray-Darling to sea ecological community. If a proposed action is likely to have such an impact, it would require: referral (determining if the action may have a significant impact on the ecological community or not) assessment (the scope of the assessment depends on the complexity of the proposed action and impacts) a decision on approval from the Minister (who considers the environmental, social and economic factors involved). It is important to note that strict timeframes apply to assessments to ensure decisions are made as quickly as possible. The normal activities of individual landholders, fishers and residents will typically not be affected by the listing. Routine property maintenance, land management and other established practices are unlikely to have a significant impact and so would not require referral under national environment law, particularly if carried out in line with other national and state laws covering native vegetation, fishing and water management. For instance, the following actions are unlikely to trigger national environment law: ongoing grazing, dairy, horticultural or cropping activities, including continuing approved irrigation activities or installing new irrigation technology changing the types of grazing, dairy, horticultural or cropping activities undertaken on a farm maintaining existing fences, roads, internal access tracks and firebreaks maintaining farm gardens and orchards maintaining existing farm dams or water storages maintaining existing pumps and clearing drainage lines replacing and maintaining sheds, yards and other farm buildings 6 controlling weeds and spraying for pests on individual properties recreational and commercial fishing and other recreational activities, such as boating, undertaken in line with Commonwealth and state-managed regulations. Whether or not an action is likely to have a significant impact depends upon the sensitivity, value and quality of the environment which is impacted, and upon the intensity, duration, magnitude and geographic extent of the impacts. Examples of activities which may have a significant impact on the ecological community include: permanently clearing large areas of intact and high-quality native vegetation new works that lead to permanent drainage or major new or upgraded dams and weirs other major developments that adversely affect the ecological community. Is recreational and commercial fishing impacted by the listing? The threatened ecological community listing only applies to species that are native and natural to the area. Recreational fishing will not be affected by the River Murray-Darling to sea ecological community listing. However, recreational fishers should also comply with any state regulations that apply to recreational fishing, including size and bag limits, fishing gear restrictions and closed fishing seasons. Commercial fishing is regulated by the relevant state government. Listing the River Murray-Darling to sea ecological community under the EPBC Act will not impact on activities related to commercial fishing. Commercial fishing in the Lakes and Coorong Fishery is managed by the South Australian government and is currently declared as an approved wildlife trade operation under the EPBC Act until May 2014, which allows export from the fishery to occur. Have activities previously been referred under the EPBC Act for this area? Within the area of the River Murray-Darling to sea ecological community some major developments and activities have previously been referred for consideration under the EPBC Act due to possible impacts on threatened and migratory species and Ramsar wetlands that are already nationally protected. No activity has been rejected outright, although some were approved with conditions to take better account of significant environmental impacts—e.g. the Clayton Regulator and Lower Lakes Irrigation Pipeline. Goolwa Channel water level management project DSEWPaC 7 How does listing the ecological community relate to agreements already in place such as the Murray-Darling Basin Plan? Listing a threatened ecological community under the EPBC Act and implementing the MurrayDarling Basin Plan under the Water Act are quite different processes. The aim of the national environment law is to protect Australia's unique biodiversity. The Murray-Darling Basin Plan is concerned with the integrated management of basin water resources, including setting sustainable limits on water use and new environmental objectives for water-dependent ecosystems. Listing the River Murray-Darling to sea ecological community does not have any effect on water entitlements and allocation under state-legislated water resource plans. The Water Act and the basin plan, rather than the EPBC Act, are the legislative mechanisms for water resource management in the Murray-Darling Basin. Basin state water resource plans which give effect to the basin plan will be considered for accreditation in accordance with criteria in the basin plan. A specific recovery plan for the listed ecological community will not be developed as the Threatened Species Scientific Committee noted that existing plans, including the basin plan, are in place. Rather, the listing supports the key state and Commonwealth measures that are underway, including the basin plan and associated environmental watering, by recognising that the system currently exists in a critically-endangered state. The conservation advice does not specify flow volumes or extraction limits as the basin plan sets new long-term average sustainable diversion limits that reflect an environmentally sustainable level of water use. Delivery of environmental water, consistent with the basin plan, to restore or protect an identified environmental asset is unlikely to trigger the EPBC Act. In terms of implementing irrigation infrastructure efficiency projects and environmental works supported under the Water for the Future program, which may include works under the Sustainable Diversion Limit Adjustment Mechanism of the basin plan, the ecological community will need to be considered, along with other matters of environmental significance in the region such as threatened species and Ramsar sites that are already required to be considered. Where can I get further information? The listing process: http://www.environment.gov.au/biodiversity/threatened/index.html The EPBC referral and approval process: www.environment.gov.au/epbc/ Australian Government Water policy and programs: www.environment.gov.au/water/policy-programs Basin plan, Murray-Darling Basin Authority: www.mdba.gov.au/what-we-do/basin-plan Australian Government Caring for our Country initiative: www.nrm.gov.au/ The EPBC liaison officer with the National Farmers Federation: by email on environment@nff.org.au. 8