Only One Planet

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Only One Planet
Policy failure:
the protection of representative wetlands in
Australia
.
Jon Nevill,
B.E.Mech; B.A.; M.Env.Sc.
Only One Planet Consulting
Only One Planet
The discussion:
• the strategic and systematic development of networks
of freshwater protected areas
.
• international commitments
• national commitments
• State and Territory commitments
important commitments not met
• the Victorian example – case study
• un-used policy tools
good ideas not put into practice
strategic – having clear national goals
systematic – making the best use of a small reserve system
freshwater – inland aquatic.
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Success stories of the last three decades:
• Control of point-source pollution affecting inland waters
•
•
•
•
National river health monitoring and reporting programs
Environmental flow delivery
ICM / NRM regional management frameworks
Expansion of the Ramsar network of reserves
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Supporting material:
Australian freshwater protected area resourcebook 2004
www.onlyoneplanet.com.au
Australian Journal of Environmental Management
(in press)
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Australia’s international commitments:
representative FW protected area systems
Ramsar Wetlands Convention 1971
- applies to wet lands; “wise use”; inventories; outstanding examples
World Charter for Nature 1982 (res UNGA)
- protect representative terrestrial, marine and freshwater ecosystems
Convention on Biological Diversity 1992
- the development of protected area networks including representative
terrestrial, marine and freshwater ecosystems
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Australia’s international commitments:
representative FW protected area systems
Ramsar Wetlands Convention 1971
-Wetlands are: areas of marsh, fen, peatland or water, whether natural
or artificial, permanent or temporary, with water that is static or
flowing, fresh, brackish or salt, including areas of marine water the
depth of which at low tide does not exceed six metres.
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Australia’s national commitments:
representative FW protected area systems
 1992 InterGovernmental Agreement on the Environment
 1992 National Strategy for Ecologically Sustainable
Development, and
 1996 National Strategy for the Conservation of
Australia's Biological Diversity.
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State and territory commitments to
representative freshwater protected areas
 Victoria 1987
 ACT 1998
 New South Wales 1993
 Tasmania 2000
 Western Australia 1997
 Northern Territory 2000
 Queensland 1999
 South Australia 2003
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State commitments…
Victorian freshwater protected areas
18 ‘Heritage Rivers’, 25 ‘Natural Catchments’, Heritage Rivers Act 1992
15 Representative Rivers (management plans)
11 Ramsar sites
159 sites listed in the Aust. Directory of Important Wetlands.
Wetland inventory containing 13,114 sites; river inventory exists.
Victoria is thought to contain around 17,000 wetlands over 1 ha.
State Environment Protection Policy (Waters of Victoria) 2003
provides additional protection to “high conservation value” waters
– the only State water quality policy to do this.
Retention of native vegetation (incl riparian and aquatic)
-- the only State “no net loss” has moved to an offset “net gain”.
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State commitments…
Victorian freshwater protected areas
18 ‘Heritage Rivers’, 25 ‘Natural Catchments’:
The Heritage Rivers Act rests upon Minister-endorsed management plans
18 draft management plans published for comment in 1997
– never finalised and endorsed…
15 Representative Rivers
(protection through endorsed management plans)
11 draft management plans published for comment in 1997
– never completed…
Representative rivers and wetlands in protected area networks
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Australia’s national /State protected area
systems: representative freshwater ecosystems
The existing reserve system includes some important
freshwater ecosystems, notably Ramsar wetland sites,
and freshwater ecosystems contained within large
terrestrial reserves.
However, no information (at a national scale) is
available on the extent to which representative
freshwater ecosystems are protected. (way forward:
IFBRA ?) interim freshwater bioregionalisation of Aust.
The most significant gaps probably relate to river and
aquifer ecosystems.
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Legislation to create aquatic protected areas
Statute
Used Used
marine inland
NSW Fisheries Management Act 1994
Yes
No
NSW National Parks and Wildlife Act 1974,
wild river provisions
--
Yes
Qld Fisheries Act 1994
Yes
No
Tasmanian Inland Fisheries Act 1995
--
No
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Legislation to create aquatic protected areas
Statute
Used Used
marine inland
NSW Fisheries Management Act 1994
Yes
No
NSW National Parks and Wildlife Act 1974,
wild river provisions
--
Yes
Qld Fisheries Act 1994
Yes
No
Tasmanian Inland Fisheries Act 1995
--
No
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Legislation to create aquatic protected areas
Statute
Used Used
marine inland
NSW Fisheries Management Act 1994
Yes
No
NSW National Parks and Wildlife Act 1974,
wild river provisions
--
Yes
Queensland Fisheries Act 1994
Yes
No
Tasmanian Inland Fisheries Act 1995
--
No
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Legislation to create aquatic protected areas
Statute
Used Used
marine inland
NSW Fisheries Management Act 1994
Yes
No
NSW National Parks and Wildlife Act 1974,
wild river provisions
--
Yes
Qld Fisheries Act 1994
Yes
No
Tasmanian Inland Fisheries Act 1995
--
No
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Legislation to create aquatic protected areas
Statute
Used Used
marine inland
Victorian Heritage Rivers Act 1992
--
Maybe
Victorian Fisheries Act 1995
Yes
No
Victorian Flora and Fauna Guarantee Act
(critical habitat provisions)
No
No
South Australian Fisheries Act 1982
Yes
No
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Legislation to create aquatic protected areas
Statute
Used Used
marine inland
Victorian Heritage Rivers Act 1992
--
Maybe
Victorian Fisheries Act 1995
Yes
No
Victorian Flora and Fauna Guarantee Act
(critical habitat provisions)
No
No
South Australian Fisheries Act 1982
Yes
No
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Legislation to create aquatic protected areas
Statute
Used Used
marine inland
Victorian Heritage Rivers Act 1992
--
Maybe
Victorian Fisheries Act 1995
Yes
No
Victorian Flora and Fauna Guarantee Act
(critical habitat provisions)
No
No
South Australian Fisheries Act 1982
Yes
No
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Legislation to create aquatic protected areas
Statute
Used Used
marine inland
Victorian Heritage Rivers Act 1992
--
Maybe
Victorian Fisheries Act 1995
Yes
No
Victorian Flora and Fauna Guarantee Act
(critical habitat provisions)
No
No
South Australian Fisheries Act 1982
Yes
No
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Legislation to create aquatic protected areas
Statute
Used Used
marine rivers
EPBC Ramsar designation provisions 1999
No
No
EPBC Heritage List provisions 2004
No
No
These provisions of the Environment
Protection of Biodiversity Conservation Act
1999 allow the Commonwealth to protect
areas of international or national importance
within State jurisdictions.
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Legislation to create aquatic protected areas
Statute or policy – overseas examples
Used
inland
USA Wild and Scenic Rivers Act 1968
172
Yes
Canadian Heritage Rivers System 1984
40
Yes
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Legislative tools developed in Qld, SA, NSW, Vic and
Tasmania – NOT USED – Why?
Lack of broad community concern and support:
Farmers
Indigenous groups
Fishers
Conservationists
Lack of political will
Bureaucratic inertia and poor strategic management.
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Meanwhile…
 The 2002 National Audit of stream condition showed
extensive and continuing degradation of Australian
rivers, streams, lakes and wetlands
 Condition of subterranean waterways was not reported.
 There is an urgent need for a systematic expansion of
Australian networks of inland aquatic protected areas
- rivers
- subterranean ecosystems.
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Comprehensive inventories of freshwater
ecosystems:
 Inventories should cover:
wetlands
rivers
estuaries
subterranean freshwater ecosystems.
 Inventories should contain information on:
location
value, and
condition.
 Inventories should be readily accessible to decision-makers
and to stakeholders.
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Canada’s Heritage Rivers System:
 the Canadian Heritage Rivers System was created
in 1984 by an agreement between the Federal and
Provincial Governments.
 Listing as a heritage river is achieved by a two-step
process: nomination and designation.
 Nomination submissions must demonstrate that the river
in question meets criteria for 'outstanding value’
and has ‘integrity’.
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Canada’s Heritage Rivers System:
 Nominations must demonstrate strong community support,
and must have the support of the provincial government.
 A nominated river will not be designated until a
management plan has been developed which seeks to
protect the values for which the river has been nominated.
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Cumulative effects of incremental development
Principles of management:
1)
2)
3)
4)
5)
the need to establish strategic development caps on a catchment basis
must be formally recognised in water resource legislation, and
appropriate procedures must be established to set and implement the
caps in consultation with stakeholders;
caps must be comprehensive and inclusive, stakeholder consultation
programs must establish caps covering: water extraction from both
surface and groundwaters; the construction of farm dams (number and
volume), agricultural drains, impediments to fish passage, and levee
banks; the development of irrigated pasture; the clearance of deeprooted vegetation, and activities (eg: stock access) capable of degrading
riparian vegetation;
adaptive management principles must be rigorously incorporated within
catchment planning processes;
the caps on development must be set well ahead of the point where the
catchment enters a stressed or crisis situation; and
last but not least, the caps must be set in a precautionary way.
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Recommendations:
Ecosystem inventories and representative protected areas:
 National protocols be established for the collection
and storage of freshwater ecosystem data
to support the development of nationally compatible
ecosystem classifications and inventories.
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Recommendations:
Ecosystem inventories and representative protected areas:
 National protocols be established for the collection
and storage of freshwater ecosystem attribute data
to support the development of nationally compatible
ecosystem classifications and inventories.
 A national approach be developed to enable the
identification of gaps in the existing protected area
system relating specifically to freshwater ecosystems.
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Recommendations:
Ecosystem inventories and representative protected areas:
 National protocols be established for the collection
and storage of freshwater ecosystem attribute data
to support the development of nationally compatible
ecosystem classifications and inventories.
 A national approach be developed to enable the
identification of gaps in the existing protected area
system relating specifically to freshwater ecosystems.
 Programs be funded to establish and manage a
comprehensive, adequate and representative network of
inland aquatic protected areas (which would be developed as
an outcome of the implementation of the first two
recommendations).
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Recommendations:
The Canadian Heritage Rivers model:
the Commonwealth should initiate, fund and convene an
inter-State working group to discuss and develop
mechanisms to protect high conservation value rivers,
with particular focus on the possibility of adapting the
Canadian Heritage Rivers System to the Australian situation.
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Recommendations:
Ramsar and national wetlands directory frameworks:
 Immediate steps (coordinated and partly funded by the
Commonwealth) should be taken to accelerate the use the
existing Ramsar framework to identify, select and protect
rivers of high conservation value (rivers of international
importance); and
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Recommendations:
Ramsar and national wetlands directory frameworks:
 Immediate steps (coordinated and partly funded by the
Commonwealth) should be taken to accelerate the use the
existing Ramsar framework to identify, select and protect
rivers of high conservation value (rivers of international
importance); and
 Commonwealth funds should be provided to the States to
accelerate the assessment of rivers against the
importance criteria which underpin listing in the Directory
of Important Wetlands in Australia (rivers of national
importance), and States should be encouraged to add
important rivers to the Directory.
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Recommendations (continued)
These recommendations, we believe, should be
initiated within the cooperative frameworks of
the NRS and NRMMC, assisted by agencies
such as DAFF, DEH (wetlands program), the
National Audit, and Land and Water Australia
(including involvement by the National Rivers
Consortium).
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