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Jon Nevill, B.E.Mech; B.A.; M.Env.Sc.

Only One Planet Consulting

Policy failure:the protection of representative wetlands in Australia.

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• the strategic and systematic development of networks of freshwater protected areas .• international commitments• national commitments important commitments not met• State and Territory commitments

• the Victorian example – case study• un-used policy tools good ideas not put into practice

strategic – having clear national goalssystematic – making the best use of a small reserve systemfreshwater – inland aquatic.

The discussion:

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• 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

Success stories of the last three decades:

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Australian freshwater protected area resourcebook 2004

www.onlyoneplanet.com.au

Australian Journal of Environmental Management (in press)

Supporting material:

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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

Australia’s international commitments: representative FW protected area systems

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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.

Australia’s international commitments: representative FW protected area systems

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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.

Australia’s national commitments: representative FW protected area systems

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Victoria 1987

New South Wales 1993

Western Australia 1997

Queensland 1999

State and territory commitments to representative freshwater protected areas

ACT 1998

Tasmania 2000

Northern Territory 2000

South Australia 2003

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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”.

State commitments…Victorian freshwater protected areas

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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

State commitments…Victorian freshwater protected areas

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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.

Australia’s national /State protected area systems: representative freshwater ecosystems

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Legislation to create aquatic protected areas

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Statute Used marine

Used 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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Statute Used marine

Used inland



-- Yes



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Statute Used marine

Used inland



-- Yes

Queensland Fisheries Act 1994 Yes No


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Statute Used marine

Used inland



-- Yes



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Statute Used marine

Used 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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Statute Used marine

Used inland




No No


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Statute Used marine

Used inland




No No


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Statute Used marine

Used inland




No No


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Statute Used marine

Used 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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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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Lack of broad community concern and support:FarmersIndigenous groups FishersConservationists

Lack of political will

Bureaucratic inertia and poor strategic management.


Legislative tools developed in Qld, SA, NSW, Vic and Tasmania – NOT USED – Why?

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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:wetlandsriversestuaries subterranean freshwater ecosystems.

Inventories should contain information on:locationvalue, andcondition.

Inventories should be readily accessible to decision-makersand 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 developmentPrinciples of management:

1) 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;

2) 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 deep-rooted vegetation, and activities (eg: stock access) capable of degrading riparian vegetation;

3) adaptive management principles must be rigorously incorporated within catchment planning processes;

4) the caps on development must be set well ahead of the point where the catchment enters a stressed or crisis situation; and

5) last but not least, the caps must be set in a precautionary way.

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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.


Recommendations:

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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.


Recommendations:

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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).


Recommendations:

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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.


Recommendations:

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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


Recommendations:

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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.


Recommendations:

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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).


Recommendations (continued)

Documents

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