WATER AFFECTING ACTIVITIES STANDARD OPERATING PROCEDURE To conform to the requirements of Section 127 (3) and (5) of the Natural Resources Management Act 2004 and forming an approved Best Practice Operating Procedure under the relevant Natural Resource Management Plans. Endorsed by: Adelaide Mt Lofty NRM Board Northern and Yorke NRM Board Transport Services Division ENVIRONMENT Standards & Guidelines Water Affecting Activities Standard Operating Procedure This document has been prepared by the Environment Group of the Projects Directorate, Transport Services Division, Department of Planning Transport and Infrastructure. It has been approved and authorised for use by the Department of Planning Transport and Infrastructure and its authorised agents by: Extracts may be reproduced providing the subject is kept in context and the source is acknowledged. Every effort has been made to supply complete and accurate information. This document is subject to revision and may change. To ensure you have the most up-to-date version of this document refer to http://www.roads.sa.gov.au/environment_group/. For information regarding the interpretation of this document please contact: Environment Group, Projects Directorate Telephone: (08) 8343 2686 Facsimile: (08) 8343 2905 First Published January 2009 Third Version April 2012 K-Net Doc: Version No.: Issue Date: Doc. Owner: 996501 3 04/2012 Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 2 of 59 Water Affecting Activities Permits Standard Operating Procedure Contents 1 Introduction 4 2 Legislative Requirements 4 3 Department of Planning Transport and Infrastructure Procedures and Activities 5 3.1 Scope of Works Covered by Standard Operating Procedure 5 3.2 Infrastructure delivery 6 3.2.1 Planning Phase 6 3.2.2 Design Phase 7 3.2.3 Implementation Phase 7 3.2.4 Handover and Maintenance Phase 8 3.3 Water Affecting Activities 10 3.4 Taking of Water 11 3.4.1 11 3.5 Taking of Water for Construction Activities Determining the Need for Water Affecting Activity Permits 12 Appendix A: Key Relevant Department of Planning Transport and Infrastructure Documentation 15 Appendix B: Process for Completing a Water Affecting Activity Permit Application 16 Appendix C: Natural Resources Management Regions 18 Appendix D: Contact details for NRM Boards and DW 19 Appendix E(1): AMLR NRM Plan Water Affecting Activities Covered by DPTI’S BPOP 20 Appendix E(2): AMLR NRM Water Allocation Plans 25 Appendix F(1): Northern & Yorke NRM Plan Water Affecting Activities Covered By DPTI’s BPOP 26 Appendix F(2): Northern & Yorke NRM Water Allocation Plans 30 Appendix G: Eyre Peninsula NRM Plan Water Affecting Activities Covered By DPTI’s BPOP 31 Appendix H(1): South Australian Murray Darling Basin NRM Plan Water Affecting Activities 33 Appendix H(2): South Australian Murray Darling Basin NRM Water Allocation Plans 36 Appendix I: Kangaroo Island NRM Plan Water Affecting Activities Covered By DPTI’s BPOP 37 Appendix J: South East NRM Plan Water Affecting Activities Covered By DPTI’s BPOP 56 Appendix K: Alinytjara Wilurara NRM Plan Water Affecting Activities Covered By DPTI’s BPOP 57 Appendix L: SA Arid Lands NRM Plan Water Affecting Activities 58 K-Net Doc: Version No.: Issue Date: Doc. Owner: 996501 3 04/2012 Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 3 of 59 Water Affecting Activities Permits Standard Operating Procedure 1 Introduction The Department of Planning Transport and Infrastructure (the Department) is responsible for the development, operation and maintenance of 18,860 kilometres of the state’s road network, for the management of a number of marine facilities and for other transport infrastructure including tram and train infrastructure. This document outlines the standard operating procedure for water quality management activities undertaken by the Department, which will ensure compliance with Section 127 of the Natural Resources Management Act, 2004 (the Act). It outlines the requirements of the Act as it applies to activities undertaken by or on behalf of the Department and the commitments the Department will undertake to meet the requirements of the Act. The Department of Planning Transport and Infrastructure is committed to providing a safe, efficient and sustainable transport system and to meeting legislative requirements. 2 Legislative Requirements Highways Act 1926 Under section 26 of the Highways Act, 1926, the Commissioner of Highways assumes powers under Chapter 11, Part 2 of the Local Government Act, 1999 to undertake roadworks within road reserves. The responsibilities that the Commissioner of Highways assumes are defined through a Section 26 Notice and the Maintenance Responsibilities Operational Instruction 20.1. Natural Resources Management Act 2004 The Natural Resources Management Act binds the Crown and therefore the work of the Department of Planning Transport and Infrastructure. Chapter 7 of the Natural Resources Management Act, 2004 defines provisions for the management and protection of water resources. Under sections 124(3) and 127(1) a licence is required for the taking of water from a prescribed watercourse, lake or well or to take water from a surface water prescribed area. Under sections 127 (3) and (5) of the Natural Resources Management Act, a permit is required for activities affecting a watercourse unless the works are approved under another Act such as the Development Act, 1993, Environment Protection Act, 1993 or the Native Vegetation Act, 1991. The Natural Resources Management Act provides the opportunity for each Natural Resource Management Board to define what activities require a permit in their Natural Resources Management Plan. This Standard Operating Procedure outlines the Department’s procedures for compliance with the Natural Resources Management Act, which have been endorsed by the Adelaide Mt Lofty NRM Board and the Northern and Yorke NRM Board as forming an approved Best Practice Operating Procedure under the relevant Natural Resource Management Plans. K-Net Doc: Version No.: Issue Date: Doc. Owner: 996501 3 04/2012 Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 4 of 59 Water Affecting Activities Permits Standard Operating Procedure 3 Department of Planning Procedures and Activities Transport and Infrastructure The following section outlines the process and standard operating procedure for assessment, documentation and approval of water affecting activities in the planning and delivery of infrastructure work and maintenance work undertaken by the Department. 3.1 Scope of Works Covered by Standard Operating Procedure Two of the major roles undertaken by the Department include operating and maintaining Departmental controlled transport assets, and creating, improving and renewing transport system assets. Infrastructure Delivery Infrastructure delivery undertaken by the Department incorporates the development and construction of both major and minor projects such as the following: Bridges Highways and expressways Transport hubs Roundabouts Pedestrian access crossings Turning lanes Overtaking lanes Road widening Dredging Undergrounding of powerlines Tram and Train Infrastructure Maintenance The Commissioner of Highways responsibilities for road maintenance are outlined in the Maintenance Responsibilities Operational Instruction 20.1. Maintenance activities include the following: Pavement maintenance (potholes and edge break repairs, crack sealing, minor digouts, etc.) Vegetation management (mowing, herbicide application, vegetation removal/pruning, etc) Drainage clearing (clearing of table drains and culverts, etc.) Signs and delineator maintenance And many other activities (litter collection, graffiti removal, parking bay maintenance, etc.). K-Net Doc: Version No.: Issue Date: Doc. Owner: 996501 3 04/2012 Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 5 of 59 Water Affecting Activities Permits Standard Operating Procedure 3.2 Infrastructure delivery 3.2.1 Planning Phase Planning and evaluation – water quality impacts are considered in the environmental impact assessment process that is integrated into the Department’s Project Management Process. The environmental impacts of a project are documented in a Planning Report or Environmental Impact Assessment Report (EIAR), Project Environmental Management Plan (PEMP), and for medium and high erosion-risk sites, a Soil Erosion and Drainage Management Plan (SEDMP). Environmental approvals for the project are also obtained. The relevant approvals are documented in the Environmental Approval Procedures Operational Instruction 21.1 and the Protecting Waterways Manual. Environmental Approval Procedures Operational Instruction 21.1 - documents the environmental impact assessment procedures for infrastructure projects, the internal and external environmental approval requirements and the environmental legislative requirements. Protecting Waterways Manual – provides guidance on assessing the impacts on water quality and aquatic environments from the construction, operation and maintenance of transport infrastructure. It documents the Division’s infrastructure activities, which potentially require approval under the Natural Resources Management Act, 2004, other legislation or internal agency approval. Risk Management Risk management addresses the causes and potential affects of activities and determines treatments for higher risk activities. A risk assessment is undertaken to determine the nature, scale and likelihood of any impacts during both construction and operational phases of the proposed project. The process used for environmental risk assessment follows the generic framework, as tailored for transport projects, in AS/NZS 4360:1999 Risk Management and as further developed by the Protecting Waterways Manual. Legislative compliance requirements are also considered during the risk management process. Aspects considered during the identification of risks include, for example, the topography of the site, the nature and erodibility of soils, rainfall patterns, drainage patterns and the size of the catchment, the quality and nature of receiving waters, and the quality and depth to groundwater. Once potential risks have been identified, they are analysed, evaluated and mitigation measures are developed. Full details regarding risk assessment are outlined in the Protecting Waterways Manual. Mitigation Measures Appropriate management measures for addressing potential impacts during the construction and operational phases of projects are identified during the planning phase, including the Risk Management process, and documented in the Planning Report or EIAR, PEMP and SEDMP. K-Net Doc: Version No.: Issue Date: Doc. Owner: 996501 3 04/2012 Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 6 of 59 Water Affecting Activities Permits Standard Operating Procedure Various permits and licenses that may be necessary under the Natural Resources Management Act, and the Environment Protection Act, are also determined during this process. Water Quality Monitoring Water quality monitoring of the construction site is undertaken to assess the potential impact of the discharge on the aquatic environment. The PEMP identifies the level of monitoring required based on the potential environmental risk posed by a project. Further information on water quality monitoring requirements during construction is outlined in the Water Quality Monitoring Manual for Construction Sites. 3.2.2 Design Phase Design Significant operational and construction phase treatment measures are identified in the planning phase, however it is up to the designer to incorporate protection measures for scour, erosion, water quality and aquatic ecology into the design of any drainage works. Designs incorporate measures to improve water quality where feasible, and when they are identified as a requirement from the planning phase. The Stormwater Discipline Specialists or qualified consultants are engaged to design water quality treatment measures which may include sedimentation basins and erosion control measures. 3.2.3 Implementation Phase Construction On moderate and high risk construction sites, stormwater, erosion and waterway management issues will have been addressed and mitigation measures identified through the planning and design phase and these will have been documented in the PEMP and SEDMP. Construction contractor personnel implement best management practices. The Department ensures that any relevant licenses and permits have been obtained or require the contractor to obtain these. On sites with low risk, where a PEMP has not been prepared, the contract manager and contractor will manage the site in compliance with relevant legislation, codes of practice and the contract requirements. Information about how the Department ensures contractor and staff compliance is outlined in the Protecting Waterways Manual. Contract Management The Department maintains contract management processes to ensure the delivery of project commitments and the avoidance of unnecessary damage during the performance of any work. These are documented in the following: K-Net Doc: Version No.: Issue Date: Doc. Owner: DPTI Prequalification Requirements DPTI Master Specification DPTI Contractor’s Environmental Management Plan Guidelines for Construction Road, Rail and Marine facilities 996501 3 04/2012 Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 7 of 59 Water Affecting Activities Permits Standard Operating Procedure DPTI Project Environmental Management Plan Guidelines for Construction - Road, Rail and Marine facilities DPTI Environmental Auditing Guidelines for Construction - Road, Rail and Marine facilities DPTI Environmental Code of Practice for Construction. 3.2.4 Handover and Maintenance Phase Handover On completion of an infrastructure project, handover of the maintenance of the various aspects of the project occurs, either to a Departmental Region, local Council or other appropriate authority. To respond to the need for a coordinated approach to the maintenance of various stormwater devices, a Stormwater Treatment Infrastructure Maintenance Manual has been prepared. Maintenance The Department maintains drainage works that were constructed as an essential part of roadworks and that continue to ensure structural integrity of the roadway or provide pavement drainage. As an example, the Department maintains: watercourses traversing a highway (ie floodways), natural watercourses adjacent a highway (where these may adversely affect the integrity of the highway formation) and watercourses for a distance of ten metres from the extremity of bridges or drainage structures, or to the property boundary, whichever is the lesser. A full description of the Department’s maintenance activities is provided in the Care, Control and Management of Roads by the Commissioner of Highways (Section 26 of the Highways Act, 1926) – Operational Instruction 20.1. Road Maintenance is undertaken in accordance with the Routine Road Maintenance Contracts. Environmental requirements are documented in the contract and the Environmental Management Workbook for Roadside Maintenance Activities. For activities of higher potential impact, such as cleaning open drains, grading shoulders and forming turnout drains an Environmental Work Plan is required to be produced by the Contractor to detail how they will prevent or minimise the impacts of the activity. The Department has prepared a Stormwater Treatment Infrastructure Maintenance Manual, which provides maintenance information regarding stormwater treatment infrastructure such as detention basins and gross pollutant traps. K-Net Doc: Version No.: Issue Date: Doc. Owner: 996501 3 04/2012 Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 8 of 59 Water Affecting Activities Permits Standard Operating Procedure INFRASTRUCTURE PLANNING AND KEY ENVIRONMENTAL DOCUMENTATION Planning Phase Prepare Project Management Proposal Key Environmental Steps Water Quality Risk Assessment for projects posing a risk to water quality Prepare Planning Approach Develop Feasible Alternatives Environmental Impact Assessment Select Preferred Alternatives Environmental Impact Assessment Report / Planning Report Design Phase Prepare Project Definition Report Detailed Design Implementation Phase Prepare Contract Documentation Determine requirements for Water Affecting Activity Permit & Earthworks Drainage Licence Project Environmental Management Plan Environmental Clearance Where appropriate, elements of water sensitive urban design implementation PEMP, including requirements for Soil Erosion and Drainage Management Plan Call Tenders Pre-construction Activities Construction Contractor’s Environmental Management Plan Soil Erosion and Drainage Management Plan Handover Phase Environmental Audits K-Net Doc: Version No.: Issue Date: Doc. Owner: Hand-over Referral to Stormwater Treatment Infrastructure Maintenance Manual Operation & Maintenance 996501 3 04/2012 Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 9 of 59 Water Affecting Activities Permits Standard Operating Procedure 3.3 Water Affecting Activities The Natural Resources Management Act, 2004 outlines provisions for the control of water affecting activities. Water affecting activities are defined in Section 127(5) of the Act and are activities that can have an impact on water resources and dependant ecosystems. The Act defines these activities as: (a) the erection, construction or enlargement of a dam, wall or other structure that will collect or divert water flowing in a watercourse that is not in the Mount Lofty Ranges Watershed and that is not prescribed or flowing over any other land that is not in a surface water prescribed area or in the Mount Lofty Ranges Watershed; (b) the erection, construction or placement of any building or structure in a watercourse or lake or on the floodplain of a watercourse; (c) draining or discharging water directly or indirectly into a watercourse or lake; (d) depositing or placing an object or solid material in a watercourse or lake; (e) obstructing a watercourse or lake in any other manner; (f) depositing or placing an object or solid material on the floodplain of a watercourse or near the bank or shore of a lake to control flooding from the watercourse or lake; (g) destroying vegetation growing in a watercourse or lake or growing on the floodplain of a watercourse; (h) excavating or removing rock, sand or soil from— (i) (ii) a watercourse or lake or the floodplain of a watercourse; or an area near to the banks of a lake so as to damage, or create the likelihood of damage to, the banks of the lake; (i) using water in the course of carrying on a business in an NRM region at a rate that exceeds the rate prescribed by an NRM plan if the water has been brought into the region by means of a pipe or other channel; (j) using effluent in the course of carrying on a business in an NRM region at a rate that exceeds a rate prescribed by an NRM plan; (k) an activity prescribed by the regulations. A person must not undertake any of the above Water Affecting Activities unless in accordance with the relevant Natural Resources Management Plan or Water Allocation Plan. Provisions have been made within the various NRM Plans for the endorsement of a defined Best Practice Operating Procedures (BPOP). Where a BPOP has been approved by a NRM Board, an exemption from requiring a permit for the defined water affecting activity may apply. Where a watercourse exists within a water allocation area, the provision of the Water Allocation Plan will override the water affecting activity exclusions within the NRM Plans. Other activities will be assessed “on merit”, with regard to objectives and principles that are published in the plan. Activities undertaken by the Department in accordance with the Department’s standard procedures summarised above have been accepted by the Board as K-Net Doc: Version No.: Issue Date: Doc. Owner: 996501 3 04/2012 Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 10 of 59 Water Affecting Activities Permits Standard Operating Procedure exempt from a Water Affecting Activity. However it has been agreed that certain high risk activities will be considered as not covered by the standard procedures, and will be assessed by the Board on merit. These activities are those identified as requiring a separate permit in section 3.5 3.4 Taking of Water Under sections 124(3) and 127(1) a licence is required for the taking of water from a prescribed watercourse, lake or well or to take water from a surface water prescribed area. Section 127 (1) b provides the following definition for the taking of water ‘if the taking of water consists of the erection, construction or enlargement of a dam, wall or other structure that collects or diverts water flowing in a watercourse or flowing over any other land’ Applications for the taking of water are assessed by the Department for Water (DW) and assessed in accordance with the provisions of a Water Allocation Plan specific to the water resource affected. Provision of a flood diversion channel or the construction of a wetland may be considered to constitute the “taking of water” and advice should be obtained from the DW and the relevant NRM Board. If there is uncertainty as to whether a project will constitute the taking of water clarification shall be sought from DW by contacting phone 8339 9807. The requirement for a water licence does not negate the need for Water Affecting Activity Permit, and the proposed activity shall be assessed in accordance with section 3.5. 3.4.1 Taking of Water for Construction Activities Under Section 128 of the Natural Resources Management Act 2004, the Minister for Environment and Heritage has authorised (by notice in the Government Gazette dated 1st August 2002) the taking of surface water from a prescribed watercourse, lake or well, or the taking of water from a surface water prescribed area, for the purpose of road making. Under the Gazette notice, ‘road’ means any street, road or thoroughfare etc commonly used by the public that the public are permitted to have access and ‘road making’ means either; the construction, maintenance, repair or alteration of a road. All reasonable measures shall be undertaken to investigate and utilise alternative sources of water such as reclaimed water, treated stormwater etc to avoid the use of prescribed water, particularly in drought years. K-Net Doc: Version No.: Issue Date: Doc. Owner: 996501 3 04/2012 Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 11 of 59 Water Affecting Activities Permits Standard Operating Procedure 3.5 Determining the Need for Water Affecting Activity Permits Under this Standard Operating Procedure it has been agreed that the following permit requirements will apply to activities undertaken by the Department of Planning Transport and Infrastructure staff and contractors: For proposed Water Affecting Activities to be undertaken in NRM Board areas this Standard Operating Procedure will cover all minor and low risk activities undertaken by the Department. Where an activity is low risk and the Department’s internal environmental procedures and systems have been followed, no separate Water Affecting Activity Permit will be required. Routine maintenance activities and replacement of existing pipes and culverts do not require separate permits. The Department will apply for a Water Affecting Activity Permit for proposals with potential for high impact where a Development Approval under the Development Act, 1993, a relevant authorisation under the Environment Protection Act, 1993 or a relevant approval under the Native Vegetation Act, 1993 is not required. The following Water Affecting Activity Permit Determination Process will be used to determine whether projects and activities require a separate Water Affecting Activity Permit. Where an activity has the potential to have a high impact, i.e. a score greater than 13 in the following procedure, a separate Water Affecting Activity Permit must be obtained. Department of Planning Transport and Infrastructure Water Affecting Activities Permit Determination Process Step 1: Check the relevant NRM plan or Water Allocation Plan for activities that require a permit and for any possible exclusions for the activity to be undertaken (note: tables of exclusions from each NRM Plan and links to Water Allocation Plans are attached in appendices E to I). Step 2: Use the following flowchart to determine whether an activity or project will require a separate Water Affecting Activity Permit. It must be undertaken in conjunction with the risk assessment on the following page (step 3). Step 3: Undertake the Water Quality Risk Assessment (page 13). This assessment must be undertaken by a representative of the Department’s Environment Group in consultation with the Project Manager, Senior Environmental Management Officer and the Senior Stormwater Engineer. It shall form part of the Environmental Impact Assessment documentation and be recorded in the Water Affecting Activities spreadsheet (Knet #2911942). Parts of the state not covered by an appropriate plan do not require permits. The relevant NRM Board or DW can provide this advice. K-Net Doc: Version No.: Issue Date: Doc. Owner: 996501 3 04/2012 Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 12 of 59 Water Affecting Activities Permits Standard Operating Procedure Step 2: Flow Chart Is the project within a watercourse or floodplain? Yes No No Permit Required Is the project within a Prescribed Water Resource Area (Surface Water Only)? Yes No Yes Score over ‘13’ Will the project incorporate the taking of water? (127.1 (b)) License Required Yes No Will the project incorporate activities not covered within the relevant NRM Plan WAAP Exclusions? (Appendices E - K) Permit Required Yes No Undertake Water Affecting Activities Risk Assessment (Step 3) Score over 13 Water Affecting Activity Permit Required K-Net Doc: Version No.: Issue Date: Doc. Owner: 996501 3 04/2012 Principal Environment Officer Score under 13 No Separate Permit Required UNCONTROLLED COPY WHEN PRINTED Page 13 of 59 Water Affecting Activities Permits Standard Operating Procedure Step 3: Water Affecting Activity Risk Assessment (Knet #3832630) The following risk assessment is to be undertaken as a component of the flow chart on the previous page. It will determine a score, by which it is then determined whether or not a separate Water Affecting Activity Permit will be required. A score of 13 or over will require a separate Water Affecting Activity Permit. Parameter Season of activity Water Present Erosivity of Watercourse Flow Regime Degree of Obstruction Impact on migration of biota / fish passage Scale of Potential Water Affecting Activity Watercourse Condition (from ANZECC) Ranges Nov-March Score 1 April-Oct or whole year 2 No 1 Yes 2 Concrete lined 0 Stable 1 Some erosion present 2 Gully Erosion or dispersive soils already present 3 No change 0 Less than 10% change in peak flow 1 More than 10% change in peak flow 2 Not obstructing a floodplain or channel 0 Obstructing a floodplain or a channel 1 Obstructing both floodplain and channel 2 Negligible 0 Some impact 2 Significant impact Routine maintenance, eg grading, mowing shoulders, etc 4 1 Maintenance, eg clearing open drains 2 Minor works, eg culvert installation 3 Major project works, eg bridges and embankments 4 Significant infrastructure works 5 Highly disturbed 1 Slightly to moderately disturbed 2 High conservation/ecological value 3 K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 14 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix A: Key Relevant Department of Planning Transport and Infrastructure Documentation DPTI Protecting Waterways Manual: This manual is a guide for Departmental staff and contractors, demonstrating the various methods for minimising impacts on water resources resulting from transport infrastructure by the application of best management practices (Knet #3476572). DPTI Water Quality Monitoring Manual for Construction Sites: This manual outlines monitoring techniques that are appropriate for detecting sediment discharges and potential impacts on watercourses from Departmental construction sites. It is used in conjunction with the DPTI Protecting Waterways Manual (Knet #1792013). DPTI Environmental Code of Practice for Construction (Knet #1816971); Project Environmental Management Plan Guidelines for Construction (Knet #1765257); Contractor’s Environmental Management Plan Guidelines for Construction (Knet #1765249); and, Environmental Audit Guidelines for Construction (Knet #1765253): These documents are a series of four on the environmental management of the construction of road, rail and marine facilities. DPTI Stormwater Treatment Infrastructure Maintenance Manual – This manual provides information on the maintenance of specific stormwater treatment devices. EPA Stormwater Pollution Prevention Code of Practice for Local, State and Federal Government: This Code of Practice is one of a series of codes for stormwater pollution management in South Australia. The primary role of these codes is to help to achieve the ‘general environmental duty’ under the Environment Protection Act, 1993. K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 15 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix B: Process for Completing a Water Affecting Activity Permit Application The following process should be undertaken to apply for a ‘Water Affecting Activity’ permit. Details of the permit application processes can be found by contacting the relevant NRM Board. Water Affecting Activity Permit Application Process Step 1 Apply for a permit using the standard application form available from the relevant NRM Board and DPTI’s application form (Knet #2269489). All sections of the form need to be completed (assistance is available from the Department of Planning Transport and Infrastructure’s Environment Group) and all applications must be accompanied by: A map of the property or area A copy of plans and drawings of the proposed activity A copy of the Certificate(s) of Title A copy of engineering specifications and other supporting information addressing NRM Board Principles of Water Affecting Activities. Respond to the principles of water affecting activities in the relevant NRM Plan or Water Allocation Plan. The Application for a Permit for a Water Affecting Activity is subject to annual review regarding the fee and is subject to regular review and amendment as necessary under the Natural Resources Management Act, 2004. Step 2 Provide a copy of the permit application and accompanying information to the Senior Environmental Management Officer for review. Step 3 Once comments have been received from the Senior Environmental Management Officer, lodge the permit application and the prescribed fee to the relevant NRM Board (Appendix D). The application has been officially received when the Department issues a Permit Application Number. Step 4 The relevant NRM Board responsible for making an assessment of, and decision on, a permit application (The approving authority or the Minister responsible for the administration of the Natural Resources Management Act, 2004) may request that the applicant provide additional information. The timeframe for the relevant authority to make a decision will be extended by the period between the date the information is requested, and the date it is received. The relevant NRM Board will outline the timeframe in which the applicant is required to submit the additional information. As part of the assessment process, the relevant NRM Board may seek advice from the Department for Water, the Environment Protection Authority or any other Government Agency. K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 16 of 59 Water Affecting Activities Permits Standard Operating Procedure Step 5 The relevant NRM Board should make a decision within eight weeks (40 business days) of the registered date of receipt of the application (adjusted if extended as outlined in step 4). Assessment criteria within the relevant NRM Board Plan are used to decide whether or not to grant a permit application. A site inspection may also be undertaken by an assessment officer from the relevant NRM Board or DW Step 6 The relevant NRM Board or DW will notify the applicant of its decision in writing. This will take the form of a refusal, or a permit to undertake the Water Affecting Activity. Conditions of approval may or may not be included. Step 7 The relevant NRM Board must be satisfied that the holder of a permit complies with all the conditions of the permit. The relevant NRM Board or Minister may vary, suspend, or revoke the permit. K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 17 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix C: Natural Resources Management Regions K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 18 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix D: Contact details for NRM Boards and DW Adelaide and Mount Lofty NRM Board 205 Greenhill Road EASTWOOD SA 5063 Phone: (08) 8273 9100 Email: reception@adelaide.nrm.sa.gov.au NRM Plan: http://www.amlrnrm.sa.gov.au/Plans_Strategie s/Regional_NRM_Plan/About_the_Regional_P lan.aspx Alinytjara Wilurara NRM Board Adelaide Office 321 Goodwood Road KINGS PARK SA 5034 Phone: (08) 8357 3880 Fax (08) 8357 3889 Email: eo@aboriginalnrm.com.au Ceduna Office Shop 3 Poynton Street CEDUNA SA 5690 Phone: (08) 8625 3706 Email: pmc@aboringalnrm.com.au Website: http://www.awnrm.sa.gov.au/ Eyre Peninsula NRM Board PO Box 2916 Level 1, Jobomi House 50 Liverpool Street PORT LINCOLN SA 5606 Ph. (08) 8682 7555 Fax. (08) 8682 5644 Email: admin@epnrm.com.au NRM Plan: http://www.epnrm.sa.gov.au/Our_Plan.aspx Kangaroo Island NRM Board 35 Dauncey Street KINGSCOTE SA 5223 Phone: (08) 8553 4300 Fax: (08) 8553 4399 Email: info@kinrm.com.au NRM Plan: http://www.kinrm.sa.gov.au/language/enAU/KIs_new_draft_NRM_Plan.aspx Northern and Yorke NRM Board 41-49 Eyre Road CRYSTAL BROOK SA 5523 PO Box 175 CRYSTAL BROOK SA 5523 Phone: (08) 8636 2361 Fax: (08) 8636 2371 Email: board@nynrm.sa.gov.au NRM Plan: http://www.nynrm.sa.gov.au/language/enAU/Our_Plans/Strategic_Plans/Regional_NRM_Pl an.aspx South Australian Arid Lands NRM Board PO Box 2227 PORT AUGUSTA SA 5700 Phone: (08) 8648 5977 Email: aridlands@saalnrm.sa.gov.au NRM Plan: http://www.saalnrm.sa.gov.au/Our_Plans_for_the_ Region/Plans/Comprehensive_Regional_NRM_Pla n.aspx South Australian Murray Darling Basin NRM Board Murray Bridge (Head Office) Mannum Road MURRAY BRIDGE SA 5253 Ph: 08 8532 1432 Fax: 08 8531 1843 Email: enquiries@samdbnrm.sa.gov.au NRM Plan: http://www.samdbnrm.sa.gov.au/Our_Plans/The_R egional_NRM_Plan.aspx South East NRM Board 9 Wehl Street South MOUNT GAMBIER SA 5290 Phone: (08) 8724 6000 Email: reception@senrm.sa.gov.au NRM Plan: http://www.senrm.sa.gov.au/Our_Plans/Regional_ NRM_Plan.aspx Department for Water (DW) Level 1, 25 Grenfell St ADELAIDE SA 5000 GPO Box 2834 ADELAIDE SA 5001 Phone: 08 8463 6800 Fax: 08 8463 7900 Website: http://www.dwlbc.sa.gov.au/water/1overview/water _affectng_activities.html K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 19 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix E(1): AMLR NRM Plan Water Affecting Activities Covered by DPTI’S BPOP Water Affecting Activities WAAs Excluded From (WAAs) – including NRM Act Complying Examples of WAAs Requiring a Permit Activities 1 Complying Relevant Standards Authority Reference As specified in the NRM Act none – all 127(3)(a) Drilling, plugging, backfilling applications or sealing a well assessed on none Minister none Minister none Minister none Minister merit 127(3)(b) none none – all Repairing, replacing or applications altering the casing, lining or assessed on screening of a well merit 127(3)(c) none none – all Draining or discharging water applications directly or indirectly into a assessed on well merit none none – all 127(3)(d) Dam, wall or other The erection, construction or structure; applications enlargement of a dam, wall Piping a assessed on or other structure that will watercourse; merit collect or divert— Channelling a (i) water flowing in a watercourse. prescribed watercourse; or (ii) water flowing in a watercourse in the Mount Lofty Ranges Watershed that is not prescribed; or (iii) surface water flowing over land in a surface water prescribed area or in the Mount Lofty Ranges Watershed K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 20 of 59 Water Affecting Activities Permits Standard Operating Procedure Water Affecting Activities (WAAs) – including NRM Act WAAs Excluded From Complying Complying Relevant Requiring a Permit Activities1 Standards Authority Examples of WAAs Reference none none – all 127(5)(a) Dam, wall or other The erection, construction or structure; applications enlargement of a dam, wall Piping a assessed on or other structure that will watercourse; merit collect or divert water flowing Channelling a none Board none Board in a watercourse that is not in watercourse. the Mount Lofty Ranges Watershed and that is not prescribed, or flowing over any other land that is not in a surface water prescribed area or in the Mount Lofty Ranges Watershed 127(5)(b) Buildings or Activity that is proposed to 2 The erection, construction or structures <10m ; be undertaken beyond the 1 placement of any building or Pump house; in 100 year flood recurrence structure in a watercourse or Horse shelter; level, where flood mapping lake or on the floodplain of a Culvert; watercourse is available, or a distance of 10 metres or more from the Crossing point or banks of the nearest water bridge; course where flood mapping Fencing. is not available. Activity that is undertaken by a local government (directly or by its contractors), state agencies or utility (for example SA Water) that has NRM Board endorsed Best Practice Operating Procedures (BPOP) addressing the WAA. Activity associated with a recognised NRM Board Program. K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 21 of 59 Water Affecting Activities Permits Standard Operating Procedure Water Affecting Activities (WAAs) – including NRM Act WAAs Excluded From Complying Complying Relevant Requiring a Permit Activities1 Standards Authority Examples of WAAs Reference 127(5)(c) Stormwater from Draining or discharging water buildings; Activity that is undertaken Board none Board by a local government directly or indirectly into a Pipes; (directly or by its watercourse or lake Culverts; contractors), state agencies Side entry pits. none or utility (for example SA Water) that has NRM Board endorsed Best Practice Operating Procedures (BPOP) addressing the WAA. Activity associated with a recognised NRM Board Program 127(5)(d) Island in on-stream Activity that is undertaken Depositing or placing an dam; by a local government object or solid material in a Rip raps; (directly or by its watercourse or lake Rocks; contractors), state agencies Tyres; or utility (for example SA Water) that has NRM Board Snags; endorsed Best Practice Filling a watercourse. Operating Procedures (BPOP) addressing the WAA. Activity associated with a recognised NRM Board Program K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 22 of 59 Water Affecting Activities Permits Standard Operating Procedure Water Affecting Activities (WAAs) – including NRM Act WAAs Excluded From Complying Complying Relevant Requiring a Permit Activities1 Standards Authority Examples of WAAs Reference 127(5)(e) Planting vegetation; Activity that is undertaken Obstructing a watercourse or by a local government lake in any other manner (directly or by its none Board none Board none Board contractors), state agencies or utility (for example SA Water) that has NRM Board endorsed Best Practice Operating Procedures (BPOP) addressing the WAA. Activity associated with a recognised NRM Board Program 127(5)(f) Levee; Depositing, or placing an Depositing fill. none object or solid material on the floodplain of, a watercourse, or near the bank or shore of a lake, to control flooding from the watercourse or lake 127(5)(g) Removal or Activity that is undertaken A tree(s) not Destroying vegetation destruction of trees, by a local government deemed a growing in a watercourse or shrubs, grasses. (directly or by its Significant Tree lake, or growing on the contractors), state agencies under the floodplain of a watercourse or utility (for example SA Development Water) that has NRM Board Act 1993 endorsed Best Practice Operating Procedures (BPOP) addressing the WAA. Activity associated with a recognised NRM Board Program K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 23 of 59 Water Affecting Activities Permits Standard Operating Procedure Water Affecting Activities (WAAs) – including NRM Act WAAs Excluded From Complying Complying Relevant Requiring a Permit Activities1 Standards Authority Examples of WAAs Reference 127(5)(h) Desilting onstream Activity that is undertaken Desilting of Does not Excavating or removing rock, dam; by a local government existing dams. involve: sand or soil from - Desilting wetlands, (directly or by its (i) a watercourse or lake or swamps and springs. contractors), state agencies (a) enlarging the dam; the floodplain of a or utility (for example SA (b) dumping watercourse; or Water) that has NRM Board excavated endorsed Best Practice material in a Operating Procedures watercourse (BPOP) addressing the or floodplain; (ii) an area near to the banks of a lake, so as to damage, or create the likelihood of WAA. damage to, the banks of the lake 127(5)(i) Use of imported Using water, in the course of water for irrigation Board (c) the Activity associated with a removal of recognised NRM Board native Program vegetation none none Minister none none Minister carrying on a business in an NRM region, at a rate that exceeds 1 ML/ha/yr, if the water has been brought into the region by means of a pipe or other channel 127(5)(j) Use of treated using effluent, in the course effluent (eg CWMS) of carrying on a business in an NRM region, at a rate that exceeds 1 ML/ha/yr. 1. Subject to complying standards K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 24 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix E(2): AMLR NRM Water Allocation Plans Barossa Water Allocation Plan Weblink: http://www.amlrnrm.sa.gov.au/Plans_Strategies/Water_Allocation_Plans/Barossa_WAP.aspx Western Mount Lofty Ranges Water resources in the Western Mount Lofty Ranges were recently prescribed and the Board is working with the community to develop a water allocation plan for this region. The plan is expected to be finalised in early 2010. The WMLR watershed covers the western side of the Adelaide Hills, stretching from Gawler in the north to the tip of the Fleurieu Peninsula in the south and includes the Gawler, Torrens and Onkaparinga rivers. K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 25 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix F(1): Northern & Yorke NRM Plan Water Affecting Activities Covered By DPTI’s BPOP Water Affecting Activities (WAAs) – Examples of Relevant WAAs Excluded From Requiring a Permit including NRM Act Reference 127(3)(a) WAAs Authority Well closure None Minister Well maintenance None Minister Aquifer storage None Minister Drilling, plugging, backfilling or sealing a well 127(3)(b) Repairing, replacing or altering the casing, lining or screening of a well 127(3)(c) Draining or discharging water directly or indirectly into a well 127(3)(d) Dam, wall or other 1. Desilting turkey nest dams. The erection, construction or enlargement of structure 2. Contour banks, where a certificate has been issued in respect to the NRM Board endorsed Best a dam, wall or other structure that will Piping a Operating Practices. collect or divert— watercourse (i) water flowing in a prescribed Channelling a watercourse; or watercourse Board 3. Activity to be undertaken in areas that are not priority surface water areas as shown on Map 2 in volume D of the NRM Regional Plan. (ii) water flowing in a watercourse in the Mount Lofty Ranges Watershed that is not prescribed; or (iii) surface water flowing over land in a surface water prescribed area or in the Mount Lofty Ranges Watershed 127(5)(a) Dam, wall or other 1. Desilting turkey nest dams. The erection, construction or enlargement of structure 2. Contour banks, where a certificate has been issued in respect to the NRM Board endorsed Best a dam, wall or other structure that will Piping a Operating Practices. collect or divert water flowing in a watercourse watercourse that is not in the Mount Lofty Ranges Watershed and that is not Board Channelling a watercourse prescribed, or flowing over any other land that is not in a surface water prescribed area or in the Mount Lofty Ranges Watershed K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 26 of 59 Water Affecting Activities Permits Standard Operating Procedure Water Affecting Activities (WAAs) – Examples of Relevant WAAs Excluded From Requiring a Permit including NRM Act Reference 127(5)(b) The erection, construction or placement of any building or structure in a watercourse or lake or on the floodplain of a watercourse WAAs Authority Buildings or struc- 1. Activity that is proposed to be undertaken at a tures: distance of 40 metres or more from the banks of the nearest watercourse and that does not involve any structure associated with the extraction of • Pump house • Horse shelter water. • Culvert 2. Activity where the NRM Board has provided • Crossing point financial or other assistance pursuant to Section 42 of the Act. • Fencing Board 3. Activity that is proposed to be undertaken on any watercourse or drainage line not delineated on Map 3 in volume D of the NRM Regional Plan. 4. Activity undertaken where a certificate has been issued in respect to the NRM Board endorsed Best Operating Practices. 127(5)(c) Draining or discharging water directly or indirectly into a watercourse or lake Stormwater from buildings using: • Pipes • Culverts • Side entry pits 1. Activity where the NRM Board has provided Board financial or other assistance pursuant to Section 42 of the Act. 2. Activity that is proposed to be undertaken on any watercourse or drainage line not delineated on Map 3 in volume D of the NRM Regional Plan. 3. Activity undertaken where a certificate has been issued in respect to the NRM Board endorsed Best Operating Practices. 4. Activity that involves draining or discharging water of better quality than the receiving waters that does not exceed a volume of 0.5ML. 127(5)(d) Depositing or placing an object or solid material in a watercourse or lake • Island in onstream dam • Rip raps 1. Activity where the NRM Board has provided Board financial or other assistance pursuant to Section 42 of the Act. • Rocks 2. Activity that involves a non polluting object or solid material that occupies less than 5% of the • Snags cross section of a watercourse. • Culverts 3. Activity that is proposed to be undertaken on any watercourse or drainage line not delineated on Map 3 in volume D of the NRM Regional Plan. 127(5)(f) • Levee Banks 1. An activity that is proposed to be undertaken on any watercourse or drainage line not delineated on Depositing, or placing an object or solid • Depositing fill Map 3 in volume D of the NRM Regional Plan. Board material on the floodplain of, a watercourse, or near the bank or shore of a lake, to control flooding from the watercourse or lake K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 27 of 59 Water Affecting Activities Permits Standard Operating Procedure Water Affecting Activities (WAAs) – Examples of Relevant WAAs Excluded From Requiring a Permit including NRM Act Reference WAAs Authority Removal or 1. Activity that is proposed to be undertaken a Destroying vegetation growing in a destruction of distance of 40 metres or more from the banks of the nearest watercourse. watercourse or lake, or growing on the trees, shrubs, floodplain of a watercourse grasses 127(5)(g) Board 2. Activity where the NRM Board has provided financial or other assistance pursuant to Section 42 of the Act. 3. Activity that is proposed to be undertaken on any watercourse or drainage line not delineated on Map 3 in volume D of the NRM Regional Plan. 4. Activity that involves either proclaimed plants or other vegetation that does not involve the physical removal of the plants. 5. Activity that involves native vegetation that is subject to the Native Vegetation Act 1991. 127(5)(h) Desilting onstream 1. Activity that is proposed to be undertaken a dam distance of 40 metres or more from the banks of Excavating or removing rock, sand or soil the nearest watercourse. Desilting wetlands, swamps and 2. Desilting of dams in a watercourse or in the from (i) a watercourse or lake or the floodplain of springs a watercourse; or Realignment or (ii) an area near to the banks of a lake, so alteration of a as to damage, or create the likelihood of watercourse Board floodplain of a watercourse providing it involves the removal of unconsolidated material deposited since construction of the dam or material deposited since the dam was previously desilted. 3. Desilting of turkey nest dams. 4. Activity that is proposed to be undertaken on any watercourse or drainage line not delineated on Map 3 in volume D of the NRM Regional Plan. damage to, the banks of the lake 5. Activity that involves the removal of less than 2 cubic metres of material in any 5 year period. 6. Activity where the NRM Board has provided financial or other assistance pursuant to Section 42 of the Act. 127(5)(i) Use of imported Using water, in the course of carrying on a water 1. All activities that use water brought into the region by means of a pipe or other channel, except where the water is used on land for irrigation Minister purposes. business in an NRM region, at a rate that exceeds 1 ML/ha/yr, if the water has been brought into the region by means of a pipe or other channel 127(5)(j) Use of treated None Minister using effluent, in the course of carrying on a effluent (e.g. business in an NRM region, at a rate that CWMS) exceeds 1 ML/ha/yr. Northern and Yorke NRMB Best Practice Operating Procedure Water Affecting Activity Form, #4557766 K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 28 of 59 Water Affecting Activities Permits Standard Operating Procedure Priority Watercourses for Water Affecting Activities (Map 3 Volume D) K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 29 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix F(2): Allocation Plans Northern & Yorke NRM Water Clare Water Allocation Plan Weblink: http://www.nynrm.sa.gov.au/language/enAU/Our_Plans/Clare_Water_Allocation_Plan.aspx References Northern and Yorke NRMB Best Practice Operating Procedure Water Affecting Activity Form, #4557766 Link to Volume D: Regulatory and Policy Framework, of Regional Plan: http://www.nynrm.sa.gov.au/LinkClick.aspx?fileticket=6vJogaOjo2o%3d&tabid=1845&language=en-US Contains WAA chapter and Priority Area Maps 1-3 (p30-32) Link to Water Allocation Plan for the Clare Valley Prescribed Water Resources Area: http://www.nynrm.sa.gov.au/LinkClick.aspx?fileticket=BHNpaJNw29k%3d&tabid=386&language=en-US Contains WAA chapter and particularly Permanent Pools Map (p55) and Permitted Watercourses Map (p57) Link to DWLBC e-NRIMS: http://e-nrims.dwlbc.sa.gov.au/ Contains maps of Surface Water and Groundwater monitoring sites Contains NRM Mapserver which has data layers including soils, surface water, groundwater, native vegetation Conservation Action Plan #4557715 N&Y NRM Conservation Action Plan summary tables and maps K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 30 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix G: Eyre Peninsula NRM Plan Water Affecting Activities Covered By DPTI’s BPOP Water Affecting Activities (WAAs) – including NRM Act WAA for which a permit is not Relevant required Authority Examples of WAAs Reference 127(3)(a) Drilling, plugging, backfilling or sealing of a well Well construction, closure Minister 127(3)(b) Repairing, replacing or altering the casing, lining, or screening of Well construction, maintenance a well 127(3)(c) Draining or discharging water directly or indirectly into a well Management acquifer recharge (MAR) Dam, wall or other structure 127(5)(a) The erection, construction, or enlargement of a dam, wall or other structure that will collect or divert water flowing in a watercourse that is not in the Mount Lofty Ranges watershed and that is not prescribed, or flowing over any other land that is Minister Minister Weir, diversion channel Dams not within the hundreds listed in the section Channelling a watercourse Dam construction (see page 33 Piping from a watercourse and Map 1 of NRM Plan) Desilting of a dam consistent with principles 4 to 10 (see page 45 of not in a surface water prescribed area or in the Mount Lofty Ranges watershed Board NRM Plan) In accordance with BPOP 127(5)(b) Pump House The erection, construction or placement of any building or other Culvert structure in a watercourse or lake or on the floodplain of a watercourse Crossing point or bridge In accordance with BPOP Board In accordance with BPOP Board In accordance with BPOP Board Planting vegetation In accordance with BPOP Board Levee In accordance with BPOP Board Fencing Stormwater from building 127(5)(c) Pipes Draining or discharging water directly or indirectly into a Culverts watercourse or lake Side entry pits Saline drainage works Erosion control structure 127(5)(d) Rip-rap rocks, filling in a watercourse Depositing or placing an object or solid material in a watercourse Dumping rubbish in a or lake watercourse Culverts and water crossings 127(5)(e) Obstructing a watercourse or lake in any other manner 127(5)(f) Depositing or placing an object or solid material on the floodplain of a watercourse, or near the bank or shore of a lake, to control flooding from the watercourse or lake To destroy vegetation pursuant to an obligation under Chapter 8 of 127(5)(g) Destroying vegetation growing in a watercourse or lake, or growing on the floodplain of a watercourse Removal or destruction of trees, shrubs and/or grasses the NRM Act (control of animals and plants) or Board In accordance with the Native Vegetation Act 1991 In accordance with BPOP K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 31 of 59 Water Affecting Activities Permits Standard Operating Procedure Water Affecting Activities (WAAs) – including NRM Act Relevant Examples of WAAs WAA for which a permit is not required Reference Authority 127(5)(h) Sand mining Excavating or removing rock, sand or soil from – Saline Drainage An activity for which the Board has provided financial or any other form of (i) a watercourse or lake or the floodplain of a watercourse or Desilting wetlands, swamp and spring assistance pursuant to section 42 of the NRM Act. (ii) an area near to the banks of a lake, so as to damage, or create the likelihood of damage to, the banks of the lake Desilting of existing springs and soaks Board currently accessed for stock water purpose consistent with principles 4 to 10 (page 45 of NRM Plan). In accordance with BPOP 127(5)(i) Using water, in the course of carrying on a business in an NRM region, at a rate that exceeds 1ML/ha/annum, if the Use of imported water for irrigation Minister water has been brought into the region by means of a pipe or other channel 127(5)(j) Using effluent, in the course of carrying on a business in an NRM region, at a rate that exceeds 1 ML/ha/annum K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer Minister UNCONTROLLED COPY WHEN PRINTED Page 32 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix H(1): South Australian Murray Darling Basin NRM Plan Water Affecting Activities Covered by DPTI’s BPOP K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 33 of 59 Water Affecting Activities Permits Standard Operating Procedure K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 34 of 59 Water Affecting Activities Permits Standard Operating Procedure 1. This column is not intended to be an exhaustive list and is simply provided as a guide to the types of activities that are WAAs. 2. WAAs that were authorised before the adoption of the regional NRM plan do not need to be authorised again, provided that the WAA has been completed for the licence, permit or development consent remains in force. 3. Subject to Section 2.1.1 of these policies. 2.1.1 Principles of complying activities The following principles detail the requirements that must be met for a WAA to be considered a ‘complying activity’. 1. Subject to principle 2 (below), a permit is not required to undertake a water affecting activity identified in this plan for which a permit is otherwise required where: a) the Board has endorsed Best Practice Operating Procedures (BPOPs) in relation to the activity; and b) the person proposing to undertake the activity has obtained written approval from the Board to undertake the activity or activities in accordance with the BPOPs; and c) the activity is undertaken in accordance with the BPOPs. 2. Principle 1 does not apply to a WAA referred to in sections 127(3)(a), (b), (c), (d), or (f) of the NRM Act. 3. To avoid doubt, a WAA permit is required to undertake a WAA if any of the conditions in principle 1 are not met. 4. An approval given by the Board in accordance with principle 1(b) is valid for 12 months from the date it was given, or for such other period of time specified by the Board, and will apply to any activities to which the BPOPs relate that may be undertaken in that period. 5. An approval given by the Board in accordance with principle 1(b) may be cancelled by the Board, where in the Board’s opinion, the person to whom the approval was given does not comply with BPOPs or in any other circumstances as the Board thinks fit. 6. The Board may refuse to give an approval in accordance with principle 1(b), to a person who, in the Board’s opinion, has contravened or failed to comply with BPOPs or in any other circumstances as the Board thinks fit. K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 35 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix H(2): South Australian Murray Darling Basin NRM Water Allocation Plans Eastern Mount Lofty Ranges (EMLR) Prescribed Water Resources Area DRAFT Weblink: http://www.samdbnrm.sa.gov.au/Our_Plans/Water_Allocation_Planning/Eastern_Mount_Lofty_Ranges_ PWRA.aspx The surface water, watercourse and groundwater of the Eastern Mount Lofty Ranges (EMLR) was prescribed on 8 September 2005, and the Board is now commencing the process of preparing a WAP for the area. As the Angas Bremer Prescribed Wells Area now falls within the boundaries of the EMLR prescribed watercourse and surface water area a single WAP will be prepared to cover both areas. The combination of these areas will be referred to as the Eastern Mount Lofty Ranges Prescribed Water Resources Area (EMLR PWRA) Marne Saunders Prescribed Water Course - DRAFT Weblink: http://www.samdbnrm.sa.gov.au/Our_Plans/Water_Allocation_Planning/Marne_Saunders_PWRA.aspx The SA MDB NRM Board is now finalising the draft Plan for submission to the Minister for the River Murray for consideration and adoption. The policies in the Marne Saunders Water Allocation Plan only come into force once the Minister for the River Murray formally adopts the Plan. River Murray Prescribed Water Course - DRAFT Weblink: http://www.samdbnrm.sa.gov.au/Our_Plans/Water_Allocation_Planning/River_Murray_PWC.aspx It is anticipated that the new plan will be finalise in 2010. K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 36 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix I: Kangaroo Island NRM Plan Water Affecting Activities Covered By DPTI’s BPOP (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = on-merit) Relevant WAA section Specific of the NRM Act principles for this WAA section 127 (3) policy objective(s) and assessment Activity of WAA class* C General policy for the activity provisions Relevant Public Additional authority notification information requirement (not part of policy) well Minister a well more than 100 other and backfilling or sealing of a SPO-02: To minimise the impacts of wells on streamflows a metres from a well groundwater-dependent maintenance conditions well; plugging operated by another ecosystems that apply to all wells plugging, SPO-01: To protect the integrity of aquifers (b) repairing, replacing or altering the casing, lining or screen of a well; (c) draining or discharging SPO- 03: To promote equity of access to water sealing SPO-04: To protect aquatic & riparian ecosystems dependent of groundwater SPO- 05: To protect the quantity and quality of groundwater and surface water water directly or indirectly or Relevant complying standards Drilling or constructing Well(s) will not adversely impact on Standard drilling, Drilling Proposed activity constructing (a) OBJECTIVES Examples well, or landholder, or groundwater users, or construction Nil a Wells constructed for the drainage throughout the State. groundwater- or discharge of water at pressures Adverse impacts may dependent ecosystem greater than gravity, shall be include: pressure cemented along the full Falling water levels in a length of the casing. well, wetland or Where a well passes through two or permanent river pool into a well; PRINCIPLES more aquifers, an impervious seal Increasing salinity in a SPP-01: Wells should not have unacceptable impacts on must be made and maintained well or wetland any groundwater linked surface water resource, and between the aquifers to prevent associated ecological asset, (e.g. wetlands, permanent leakage between aquifers. river pools, springs) The equipment, materials Reduced groundwater discharge to a and watercourse SPP-02: Wells should not have unacceptable impacts on method used for the activity shall well(s) operated by another landholder; not adversely affect the quality of SPP-03: Wells should not pollute or clog aquifers the underground water resource. SPP-04: Wells should be managed conjunctively with Aquifers shall be protected during surface water resources where these are linked the activity to prevent adverse impacts on the integrity of an aquifer. K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 37 of 59 Water Affecting Activities Permits Standard Operating Procedure Relevant WAA section of Specific policy objective(s) and assessment principles Examples Activity the NRM Act for this WAA section of WAA class* 127 (3) As above Draining or C Proposed activity Draining Specific complying principles related to draining or discharging into a well backfilling or sealing of a water directly or indirectly well; directly plugging, (b) repairing, replacing or altering the casing, lining or provisions or discharging drilling, General the activity water discharging (a) Relevant complying standards for policy Relevant Public Additional authority notification information requirement (not part of policy) Minister Nil Minister Notification of in Box 4 into a well more than indirectly 100 metres from a into a well well operated by another landholder, or or screen of a well; a (c) draining or discharging groundwater- dependent ecosystem water directly or indirectly into a well; O Draining discharging or Specific complying principles related water to draining or discharging into a well landholder(s) in Box 4 adjacent to site directly or indirectly into a well less than of 100 metres from a well. well operated proposed by another landholder, or a groundwater- dependent ecosystem (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = on-merit) K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 38 of 59 Water Affecting Activities Permits Standard Operating Procedure Relevant WAA section of Specific policy objective(s) and assessment principles for this WAA Examples Activity the NRM Act section of WAA class* Proposed activity Relevant complying standards for the activity 127 (5) (a) OBJECTIVES Erection, The erection, construction, SPO-06: To minimise the impacts of farm dams on streamflow construction, modification, modification, enlargement SPO-07: To promote equity of access to water modification, enlargement or removal of a dam, wall SPO-08: To protect aquatic & riparian ecosystems enlargement removal of a dam less or than or equal to 5ML or other structure that will collect or divert, or collects or diverts, water flowing in a watercourse that is not in SPO-09: To protect water quality SPO-10: To limit the impacts of structures on lateral and longitudinal connectivity removal Erection, construction, on 1st order streams (Includes across or Kangaroo Stream orders and Watershed and that is not PRINCIPLES structures catchments shown in prescribed or flowing over SPP-05: Structures should not: that capture, Figures 3 - 14 any other land that is not in be constructed within, immediately upstream or immediately downstream of divert and/or a surface water prescribed ecologically sensitive areas; store water) area or in the Mount Lofty Ranges Watershed; Drains Public Additional policy authority notification information requirement (not part of policy) Nil See Guidelines for provisions Not applicable Not applicable Farm Dam Construction 2009 Island other E Relevant or of a dam walls the Mount Lofty Ranges E General (including interception and mole be constructed in soils at high risk of erosion; drains) except if the contribute to salinity or intrusion of saline groundwater into watercourses; drain(s) will 1) transfer water from one catchment to another, or 2) (Activity class* E = K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer exempt from requiring a permit; C = transfer water from a watercourse to a water storage. complying subject to meeting Complying Standards; O = on-merit) UNCONTROLLED COPY WHEN PRINTED Page 39 of 59 Water Affecting Activities Permits Standard Operating Procedure Relevant WAA section of Specific policy objective(s) and the NRM Act assessment principles for this WAA Examples Activity of WAA class* Proposed activity Relevant complying General policy provisions standards for the activity Relevant Public Additional authority notification information requirement (not part of policy) Nil See Guidelines for section contribute to unacceptable groundwater C Erection, construction, mounding or adverse impacts through modification, groundwater level changes. enlargement or Must be located off-stream Once a catchment’s Sustainable Limit is reached Diversion to an off-stream the activity will become on-merit and no further Board Low Flow Bypass dam can only occur at permits will be issued. Both dams and Devices for Kangaroo removal of a dam less flows above the defined commercial forestry must fall within the Island 2009 than or equal to 5 ML threshold flow rate. Sustainable Limit. on streams of 2nd order or greater Diversion to an off-stream dam can only occur up to a Assessment of water available within the across all of KI maximum diversion rate. Sustainable Limit will be made in order at the Stream orders and Where an off-stream dam 1. catchment scale catchments shown in is impracticable due to 2. subcatchment scale steep terrain an on-stream 3. property scale Figures 3 - 14 dam will be complying if fitted with an acceptable Low Flow Bypass Device that will pass all flows below the defined threshold flow rate. Assessments of available water will take into account existing dam capacity and commercial forest areas within each scale. When a dam is removed, the water deemed to have been used by the dam would be returned into the catchment & subcatchment pools. Dams must not reduce the long-term filling frequency of existing dams downstream. (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = on-merit) K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 40 of 59 Water Affecting Activities Permits Standard Operating Procedure Relevant WAA Specific policy objective(s) and section of the assessment principles for this WAA NRM Act section 127 (5) (a) As above Examples Activity of WAA class* As above C continued Proposed activity Relevant Erection, construction, Must be located off-stream, modification, Diversion to an off-stream or dam can only occur at removal of a dam flows above the defined greater threshold flow rate. than 5ML across all of KI within dam can only occur up to a of the catchment. maximum diversion rate. Erection, construction, Not applicable Erection, sited, constructed and maintained in a construction, modification, manner that minimises: modification, enlargement ▪ The removal or destruction of in-stream or enlargement removal of a dam in riparian vegetation and minimises soil or any catchment where erosion and siltation, including but not of a dam the total existing dam limited to erosion of the spillway; (Includes and/or forestry commercial capacity ▪ Evaporation for example, but not limited to, walls by utilising a geometry with a low surface other exceeds area to volume ratio and/or covering dams; structures Sustainable Limit. ▪ Seepage losses, and ▪ The risks of structure failure by using appropriately qualified people in the design and construction K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer or or that capture, divert and/or store water) the Relevant Public Additional authority notification information requirement (not part of policy) As above As above Board Nil Sustainable Limit Board Water Diversion to an off-stream the Sustainable Limit SPP-06: Structures should be designed, removal General policy provisions standards for the activity enlargement O complying Once a catchment’s Sustainable Limit is reached the activity will become on-merit and no further permits will generally be issued. Both dams and commercial users downstream of the proposed activity forestry must fall within the Sustainable Limit. Sustainable limits (SL) for catchments are listed in Table 3 for Zone A and Table 4 for Zone B. Dams must not reduce the long-term filling frequency of existing dams downstream. Broader public interest test Applications for permit may be considered if it can be demonstrated that the activity is in the broader public interest in terms of social, economic and environmental UNCONTROLLED COPY WHEN PRINTED Page 41 of 59 Water Affecting Activities Permits Standard Operating Procedure outcomes for NRM. Examples of relevant criteria include public water supply, management of dryland salinity, water quality management. If approved, the activity would need to meet all the complying standards as for a Complying activity. Moving subcatchment Sustainable Limit capacity Movement of allowable SL capacity between subcatchments may be allowed if it meets the broader public interest test. In all cases, only downstream movement of allowable SL capacity will only be approved. Moving dam capacity within a catchment/subcatchment Once the Sustainable Limit is reached dam capacity can be moved within the catchment so long as 1) This does not result in total dam capacity exceeding the Sustainable Limit of the catchment 2) The construction of any new dam, or the enlargement or modification of any existing dam meets all the requirements for Complying dams. This includes: ▪ Subdivision of dam capacity can occur by the removal of equivalent dam capacity prior to the construction of the new dams (the new dams must not in total have a capacity greater than that of the dam capacity that was reduced. ▪ Amalgamation of dam capacity can occur if an K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 42 of 59 Water Affecting Activities Permits Standard Operating Procedure equivalent dam capacity is removed prior to the construction of new dams ▪ Movement of dam capacity can occur downstream In all cases permits for the construction or enlargement of a dam will not be issued until the Board is satisfied that the conditions of a permit issued for the reduction in capacity or removal of a dam have been fulfilled. 127 (5) (a) As above continued As above As above As above Exchanging dam capacity and area of commercial As above As above As above forestry Once a catchment’s Sustainable Limit is reached, dam capacity and area of commercial forestry may be exchanged subject to this not resulting in total water use exceeding the Sustainable Limit of the catchment.. For the purposes of exchange, the volume of surface water taken by a commercial forest is deemed to be 85% of the median annual adjusted runoff (in ML) on a per hectare basis for the relevant sub-catchment. In all cases permits for the new activity will not be issued until the Board is satisfied that the conditions of a permit issued for the equivalent reduction in dam capacity or forest area have been fulfilled. (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = on-merit) K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 43 of 59 Water Affecting Activities Permits Standard Operating Procedure Relevant WAA Specific policy objective(s) and Examples Activity of WAA class* Proposed activity Relevant section of the assessment principles for this WAA NRM Act section 127 (5) (b) OBJECTIVES Buildings SPO-11: To minimise the impacts of or undertaken structures on streamflow structures distance placement of any SPO-12: To limit the impacts of structures on not metres or more building lateral and longitudinal connectivity including from the banks of dwellings the and tourist watercourse. The erection, construction structure or or in watercourse a or lake or on the floodplain of a watercourse; SPO-13: To minimise the risk of erosion SPO-14: To protect aquatic, riparian & floodplain ecosystems E developme complying standards for the activity 1) Activity that will be General policy provisions Relevant Public Additional authority notification information requirement (not part of policy) Board Nil Board Nil a of 20 nearest 2) Activity associated nts<10m2 SPO-15: To protect water quality with a recognised (eg See Principles on following page NRM house) Pump Board Program C Activity undertaken that by is a person/body certified by the Board to do so in accordance with the Kangaroo Island NRM Best Practice Standards for Water Affecting Activities (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = on-merit) K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 44 of 59 Water Affecting Activities Permits Standard Operating Procedure Relevant WAA Specific policy objective(s) and section of the assessment principles for this NRM Act WAA section 127 (5) continued (b) Examples of WAA Activity Proposed activity class* Relevant complying General policy Relevant Public notification Additional information standards provisions authority requirement Board Nil Board Nil for the (not part of policy) activity PRINCIPLES Culverts (including SPP-07: Construction and placement pipes), of structures, including roads in a crossings, roads E Activity associated with a recognised NRM Board Program C Activity undertaken on streams less than or equal to 3rd Approved watercourse order across all of KI management plan for management the activity 2009 stock watercourse, a floodplain of a watercourse, a lake, a wetland or an area subject to inundation must:: C Activity that is undertaken by a person/body certified by the ▪ be designed to minimise the risk Board to do so in accordance with the Kangaroo Island of erosion resulting from the NRM Best Practice Standards for Water Affecting Activities See KI Watercourse guidelines Nil construction and location of the O structure; & ▪ not adversely impact Activity undertaken on streams greater than 3rd order Board across all of KI on downstream neighbours streamflows) & ▪ not adversely affect the migration of aquatic biota; & Immediate up and As above Weirs, diversion E structures Activity undertaken as part of the conditions for granting a Stream orders permit under Section 127 (5) (a) and catchments ▪ not exacerbate flooding either upstream or downstream. O shown Activity undertaken on any stream SPP-08: Structures that impede the [Not as part of the conditions for granting a permit under flow of water, including but not Section 127 (5) (a)] Figures 3 - 14 in Board Nil Board Immediate up and downstream neighbours limited to weirs, must be designed to provide by-pass mechanisms for low Enclosing flows and if necessary aquatic biota. watercourse within a a E Activity undertaken as part of a recognised Board program Not applicable Not Nil applicable pipe (piping) E Piping a 1st order watercourse Not Nil applicable (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = on-merit) K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 45 of 59 Water Affecting Activities Permits Standard Operating Procedure Relevant WAA Specific policy objective(s) and section of the assessment principles for this WAA NRM Act section 127 (5) (b) Examples of WAA Activity Proposed activity Relevant class* standards complying for General policy provisions the Relevant Public Additional authority notification information activity As above Piping continued a C watercourse Activity undertaken a Pipe diameter or channel capacity must be person/body certified by the Board to sufficient so as to not exacerbate do so in accordance with the upstream or downstream flooding erosion. Kangaroo Island NRM Best Practice Channel depth and gradient should not Standards increase to the point that headward for Water by requirement (not part of policy) affecting Activities, or Board Nil Board Immediate erosion is initiated In long piped sections, the pipe gradient should be sufficient to ensure it is selfcleaning Energy dissipation structures may be needed at the downstream end of long piped sections O Piping a 2nd order or greater As above. watercourse 127 (5) (d) OBJECTIVES Erosion depositing or SPO-15: To protect watercourses and lakes structures, placing an object against the modification of bed and banks, rip rap, planted or solid material water vegetation; stock/ in a watercourse destruction. pollution, erosion, K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer and habitat control rock E Activity associated up with recognised NRM Board Program a and Stream orders and catchments shown in downstream Figures 3 - 14 neighbours Not Nil applicable road crossing UNCONTROLLED COPY WHEN PRINTED Page 46 of 59 Water Affecting Activities Permits Standard Operating Procedure or lake SPO-16: To ensure watercourses or lakes are C Activity that is undertaken by a free of obstructions that may impede natural person/body certified by the Board to stream flow, cause erosion or exacerbate do so in accordance with the unnecessary flooding. Kangaroo Island NRM Best Practice See Principles on following page Standards for Water Board Nil Board Nil Affecting Activities C Activity undertaken on streams less Approved watercourse Stream orders and catchments shown in than or equal to 3rd order across all management plan for Figures 3 - 14 of KI the activity See KI Watercourse management guidelines 2009 O Activity undertaken on streams greater than 3rd order across all of KI Board Immediate up and downstream neighbours (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = on-merit) K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 47 of 59 Water Affecting Activities Permits Standard Operating Procedure Relevant WAA section of the Specific policy objective(s) and assessment principles Examples of Activity NRM Act for this WAA section WAA class* Proposed activity Relevant General Relevant Public Additional complying policy authority notification information standards for provisions requirement (not part of the activity 127 (5) (d) continued PRINCIPLES Filling SPP-09: Depositing or placing an object or solid material watercourse in a O Activity undertaken on any stream policy) Board Immediate neighbours in a watercourse or lake must only occur where it includes: 127 (5) (f) depositing or placing an object or solid material on the floodplain of a watercourse or near the bank or shore of a a) the construction of an erosion control or prevention structure, b) an authorised activity for scientific purposes. SPP-10: Any object or solid material used in the control or Levees, flood mitigation E or Activity associated with a recognised NRM Nil Board Nil Board Immediate Board Program earthworks; C Activity that is undertaken by a lake to control flooding from the prevention of watercourse erosion shall not cause planted watercourse or lake; increased erosion up or down stream, or other detrimental vegetation so in accordance with the Kangaroo Island offsite impacts. NRM Best Practice Standards for Water SPP-11: The depositing or placing of an object or solid Affecting Activities aquatic & riparian ecosystems, the migration of aquatic Not applicable other person/body certified by the Board to do material in a watercourse or lake shall not adversely effect up and downstream O biota, the existing flow regime. Flood mitigation or other earthworks. up and downstream neighbours SPP-12: Depositing or placing an object or solid material on the floodplain of a watercourse or near the bank or shore of a lake to control flooding from the watercourse or lake shall not: a) adversely impact upon the flow of a watercourse; b) increase the risk of flooding (including upstream or downstream); c) cause or increase watercourse erosion, d) adversely impact on the migration of aquatic biota. (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = on-merit) K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 48 of 59 Water Affecting Activities Permits Standard Operating Procedure Relevant WAA Specific policy objective(s) and Examples section of the NRM assessment principles for this WAA Act WAA section 127 (5) (g) destroying OBJECTIVES Clearing vegetation growing in SPO-17: To protect the habitat willows, a watercourse or lake values gorse or growing on the watercourses, lakes and floodplains floodplain watercourse of a of vegetation on of of Activity E ash, Relevant complying standards General for the activity provisions Activity associated with a recognised NRM policy Relevant Public Additional authority notification information requirement (not part of policy) Nil KI Riparian vegetation Not applicable Board Program C SPO-18:To protect the geomorphic characteristics of a watercourse, lake guidelines 2009 Activity that is undertaken by a person/body Clearance plan consistent with KI certified by the Board to do so in accordance Riparian vegetation guidelines with the Kangaroo Island NRM Best Practice 2009 Board Nil Board Nil Standards for Water Affecting Activities or floodplain. SPO-19:To protect water quality Proposed activity class* C Clearing exotic vegetation As above PRINCIPLES SPP-13:Destruction of vegetation shall only occur where it is for the protection of existing infrastructure or rehabilitation of a watercourse and does not result in any of the following: a) increased erosion; b) increased flooding; c) bed and bank instability; d) downstream sedimentation; e) decline in water quality; f) alteration to the existing flow regime of a watercourse. K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 49 of 59 Water Affecting Activities Permits Standard Operating Procedure 127 (5)(h) excavating OBJECTIVES Sand, soil and or removing rock, sand SPO-20: To protect the habitat gravel or soil from— values of watercourses, lakes and extraction from (i) a watercourse or floodplains watercourses, lake or the floodplain SPO-21: To protect the geomorphic re-alignment of of a watercourse; or characteristics of a watercourse, lake (ii) an area near to the or floodplain. banks of a lake so as SPO-22: To protect water quality to damage, or create the likelihood watercourses, desilting dams, creating wetlands E Activity associated with a recognised NRM Not applicable Nil Board Nil Board Program C Activity that is undertaken by a person/body certified by the Board to do so in accordance with the Kangaroo Island NRM Best Practice Standards for Water Affecting Activities of damage to, the banks of the lake (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = on-merit) K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 50 of 59 Water Affecting Activities Permits Standard Operating Procedure Relevant WAA Specific policy objective(s) section of the and assessment principles NRM Act for this WAA section Examples of WAA Activity Proposed activity Relevant complying standards for class* General policy provisions the activity Relevant Public Additional authority notification information requirement (not part of policy) 127 continued (5)(h PRINCIPLES Desilting dam E SPP-14:The excavation and Desilting dams of capacity of 5ML or less at time of Not construction applicable Nil removal of rock, sand or soil C must not result in any of the following: Desilting dams of capacity of 5ML or more at time of Does not involve: construction (a) Enlarging the dam’s volumetric g) increased erosion; capacity (as originally constructed); h) increased flooding; (b) Dumping excavated material in a k) loss of riparian vegetation; Channelising and/or l) loss of ecosystem function realigning or biodiversity E Channelizing and/or realigning a 1st order watercourse a watercourse O m) decline in water quality; or n) alteration to the existing of Channel capacity must be Not Nil sufficient applicable (c) the removal of native vegetation j) downstream sedimentation; regime Nil watercourse or on a floodplain; i) bed and bank instability; flow Board Sand, gravel soil and E extraction to not exacerbate upstream or downstream flooding or watercourse erosion. Channel depth and downstream gradient should not increase neighbours to the point that headward Sand, soil or gravel extraction from 1st order erosion is initiated. Energy watercourses Board . Immediate up and Board Nil Board Nil Board Immediate up and dissipation structures may be from watercourses C as Channelizing and/or realigning a 2nd order or greater a watercourse. so Sand, soil or gravel extraction from > 1st order watercourses that is less than 2 m3 in any 5 year period Approved watercourse management needed plan for the activity Stream orders and catchments shown in Figures O Sand, soil or gravel extraction from > 1st order watercourses that exceeds 2 m3 in any 5 year period 3 - 14 downstream neighbours K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 51 of 59 Water Affecting Activities Permits Standard Operating Procedure (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = on-merit) Relevant WAA Specific policy objective(s) and assessment principles Examples Activity section of the for this WAA section of WAA class* Proposed activity NRM Act Relevant complying General Relevant Public Additional standards for policy authority notification information requirement (not part of activity the provisions policy) 127 (5) (k) an activity prescribed regulation by OBJECTIVES Farm SPO-23: To minimize the impacts of plantation forestry on forestry streamflow E Forestry on farms (not exceeding 10% of the total area of land within the farm available for farm purposes, or up to 10ha, whichever is the lesser) Not applicable Not Nil applicable SPO-24: To promote equity of access to water SPO-25: To protect aquatic & riparian ecosystems SPO-26: To protect water quality PRINCIPLES SPP-15: Forestry shall only occur where it does not affect the long-term frequency of filling of dams downstream within the same management zone. SPP- 16: Forestry should not result in any of the following: a. increased erosion; b. increased flooding; c. bed and bank instability; d. downstream sedimentation; e. decline in water quality; (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = On-merit ) K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 52 of 59 Water Affecting Activities Permits Standard Operating Procedure Relevant WAA Specific policy objective(s) Examples of Activity Proposed Relevant section of the and assessment principles for WAA class* activity standards NRM Act this WAA section complying for General policy provisions the Relevant Public Additional authority notification information requirement (not part of activity policy) Commercial forestry C Commercial Buffers forestry (as defined in must be Once a catchment’s Sustainable Limit is reached the activity will become on-merit and consistent with the no additional permits will in general be issued. Both dams and commercial forestry South Australian regulation) in any Government’s catchment where framework the total existing the dam impacts of plantation and/or commercial water Nil must fall within the Sustainable Limit. policy Managing resource Sustainable limit s (SL) for catchments are listed in Table 3 for Zone A and Table 4 for Zone B forests 2009 Assessment of water available within the Sustainable Limit will be made in order at the forestry capacity 1. catchment scale, then does not exceed Drainage the Sustainable watercourses must not 2. sub-catchment scale, then be ripped, ploughed, 3. property scale blocked, disturbed or Assessments of available water at each scale will take into account existing dam used as roadways. capacity and commercial forest areas. Limit. Board lines and When a commercial forest is harvested and no further rotation is to be planted, the water deemed to have been used by the forest would be returned into the catchment & sub-catchment pools. If, subsequent to the return of deemed water, the total existing use drops below the catchment & sub-catchment sustainable limit, then additional development would be allowed up to the sustainable limit. Where a commercial forest is coppiced it will be treated as not having been harvested. Where a commercial forest is harvested with the intention to replant another rotation, it will be the responsibility of the developer to notify the Board in writing of this intention prior to harvest. Concurrent with this written notification the developer should apply for a permit for the subsequent rotation. (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = On-merit ) K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 53 of 59 Water Affecting Activities Permits Standard Operating Procedure Relevant WAA Specific policy objective(s) and Examples of Activity section of the NRM assessment principles for this WAA class* Act WAA section Proposed activity Relevant General policy provisions complying standards Relevant Public Additional authority notification information requirement (not part of for the activity 127 (5) (k) an activity OBJECTIVES Commercial prescribed by the SPO-23: To minimize the impacts of forestry regulations. O Commercial forestry (as Not applicable policy) Sustainable Limit Board Water users defined in regulation) in Once a catchment’s Sustainable Limit is reached the activity will downstream of plantation forestry on streamflow any catchment where the become on-merit and no further permits will generally be issued. the SPO-24: To promote equity of total existing dam and/or Both dams and commercial forestry must fall within the Sustainable activity access to water commercial Limit. SPO-25: To protect aquatic & riparian ecosystems SPO-26: To protect water quality capacity forestry exceeds Sustainable Limit. proposed the Sustainable limit s (SL) for catchments are listed in Table 3 for Zone A and Table 4 for Zone B PRINCIPLES SPP-15: Forestry shall only occur Exceptions may be considered if it can be demonstrated that the where it does not affect the long- activity is in the broader public interest in terms of social, economic term frequency of filling of dams and environmental outcomes for NRM. downstream Moving forestry within a catchment within the same management zone. Once the Sustainable Limit is reached areas of commercial forest can be redeveloped (eg at subsequent rotations) within the SPP- 16: Forestry should not result catchment so long as; in any of the following: This does not result in the total water use exceeding the Sustainable a. increased erosion; Limit of the catchment, and b. increased flooding; The development of any new areas of commercial forest meets all c. bed and bank instability; the requirements for Complying commercial forestry d. downstream sedimentation; e. decline in water quality; K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 54 of 59 Water Affecting Activities Permits Standard Operating Procedure In all cases permits for the development of a new commercial forest area will not be issued until the Board is satisfied that the waterequivalent area of existing forestry has been removed. Exchanging dam capacity and area of commercial forestry Once a catchment’s Sustainable Limit is reached, dam capacity and area of commercial forestry may be exchanged subject to this not resulting in total water use exceeding the Sustainable Limit of the catchment. For the purposes of exchange, the volume of surface water taken by a commercial forest is deemed to be 85% of the median annual adjusted runoff (in ML) on a per hectare basis for the relevant subcatchment. In all cases permits for the new activity will not be issued until the Board is satisfied that the conditions of a permit issued for the equivalent reduction in dam capacity or forest area have been fulfilled. (Activity class* E = exempt from requiring a permit; C = complying subject to meeting Complying Standards; O = On-merit\ K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 55 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix J: South East NRM Plan Water Affecting Activities Covered By DPTI’s BPOP Environment Officer should search the water catchment management plans to see if the area is covered; if covered, speak to DW, if not covered, there is no trigger for a water affecting activity permit. Water Allocation Plan – Morambro Creek Weblink: http://www.senrm.sa.gov.au/Our_Plans/Water_Allocation_Plans/Morambro_Creek_Water_Allocation_Pl an.aspx K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 56 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix K: Alinytjara Wilurara NRM Plan Water Affecting Activities Covered By DPTI’s BPOP In the Alinytjara Wilurara NRM Board area the NRM Plan is in preparation and is intended to be released for comment later in 2009. For activities referred to in section 127 (3) (a), (b) and (c) of the NRM Act, in relation to drilling, repairing and draining of water into a well, the authority for a Water Affecting Activity Permit is the Minister for Environment and Conservation. There is no requirement for a permit for WAA in relation to Section 127 (2) and (5) and these are not intended to be included in the NRM Plan. Environment Officer should search the water catchment management plans to see if the area is covered; if covered, speak to DW, if not covered, there is no trigger for a water affecting activity permit. K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 57 of 59 Water Affecting Activities Permits Standard Operating Procedure Appendix L: SA Arid Lands NRM Plan Water Affecting Activities K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 58 of 59 Water Affecting Activities Permits Standard Operating Procedure K-Net Doc: 996501 Version No.: 3 Issue Date: 04/2012 Doc. Owner: Principal Environment Officer UNCONTROLLED COPY WHEN PRINTED Page 59 of 59