Strategic compliance in the Macquarie Valley€¦ · Recommendations and lessons learned ..... 12. 15.1 . Recommendations and lessons learned – a Commonwealth perspective ... national

Leading policy and reform in sustainable water management

Strategic compliance in the Macquarie ValleyProject report

Publisher

NSW Office of Water

Level 17, 227 Elizabeth Street GPO Box 3889 Sydney NSW 2001

T 02 8281 7777 F 02 8281 7799

[email protected]

www.water.nsw.gov.au

The NSW Office of Water is a separate office within the Department of Environment, Climate Change and Water. The Office manages the policy and regulatory frameworks for the State’s surface water and groundwater resources to provide a secure and sustainable water supply for all users. The Office also supports water utilities in the provision of water and sewerage services throughout New South Wales.

Strategic compliance in the Macquarie Valley Project report

June 2010

ISBN 978-1-74263-061-8

Acknowledgements

Jointly funded by the NSW Government and the Australian Government

© State of New South Wales through the Department of Environment, Climate Change and Water, 2010

This material may be reproduced in whole or in part for educational and non-commercial use, providing the meaning is unchanged and its source, publisher and authorship are clearly and correctly acknowledged.

Disclaimer: While every reasonable effort has been made to ensure that this document is correct at the time of publication, the State of New South Wales, its agents and employees, disclaim any and all liability to any person in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or any part of this document.

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Strategic compliance in the Macquarie Valley: project report

Contents

1. ................................................................................................................................... 3 Background

2. .............................................................................................................................. 3 Project funding

3. ................................................................................................................................... 3 Project aims

4. ....................................................................... 3 Project objectives and key performance indicators

5. ....................................................................................................................... 4 Relevant legislation

6. ................................................................................................................ 4 Committee membership

7. ..................................................................................................................................... 5 Milestones

8. ................................................................................................................................... 5 Data utilised

8.1 ................................................................................................ 5 Steinfeld/Kingsford data set

8.2 ........................................................................................... 5 Office of Water spatial analysis

9. ................................................................................................................ 6 Planned project method

9.1 ....................................................................... 6 Implementation of project method: Phase 1

9.2 ............................................. 7 Implementation of adapted project method: Phases 2 and 3

10. ............................................................ 7 Communication with landholders and other stakeholders

10.1 ........................................................................................................................ 7 Landholders

10.2 ........................................................................................................ 8 Targeted stakeholders

10.3 .................................................................................................................... 8 Media releases

11. ............................................................................................................ 8 Subsequent investigations

12. .............................................................................................................................. 9 Project findings

13. ......................................................................................................................... 10 Project outcomes

13.1 ..................................................................................................................... 10 Actions taken

13.2 ........................................................................ 10 Structures removed using project funding

13.3 ................................................................................................. 11 Spatial layer of structures

13.4 ........................................................... 12 Ongoing investigations in the Macquarie Marshes

14. ......................................................................................................................................... 12 Budget

15. ..................................................................................... 12 Recommendations and lessons learned

15.1 ....................... 13 Recommendations and lessons learned – a Commonwealth perspective

15.2 .......................................................................................... 13 The need for future operations

Appendix 1: List of stakeholder groups who attended information sessions ...................................... 14

Appendix 2: Photographs of structures remediated using project funding.......................................... 15

1 | NSW Office of Water, June 2010


Tables

Table 1: Milestones for the strategic compliance project................................................................ 5

Figures

Figure 1: Structure 1: Rock weir on Bulgeraga Creek before remediation, full width rock weir.................................................................................................................................. 15

Figure 2: Structure 1: following remediation, water can now pass and fish passage will be facilitated during low flows .............................................................................................. 15

Figure 3: Structure 2: Rock weir in Bulgeraga Creek, before remediation, full width rock

weir.................................................................................................................................. 16

Figure 4: Structure 2: after remediation, improved water flow and fish passage........................... 16

Figure 5: Structure 3: Earthen block bank across Marthaguy Creek, before remediation,

earthen block bank formed using old car bodies ............................................................ 17

Figure 6: Structure 3: after remediation: improved water flow and fish passage........................... 17



1. Background The Macquarie Marshes are one of the largest semi-permanent wetlands in south-eastern Australia,

historically covering more than 150 000 hectares (ha) during large flooding events. Parts of the Marshes are listed on or under the:

International Ramsar Convention (18 143 ha),

National Trust as a Landscape Conservation Area (148 000 ha),

Australian Heritage Commission's register of the National Estate (148 000 ha), and

Directory of Important Wetlands in Australia.

The functions and services provided by the Macquarie Marshes wetlands are many and varied. The wetlands support high levels of biological diversity and are therefore important on local, regional,

national and international scales. The values of the Marshes are numerous, including rich flora and fauna, prime cattle grazing lands, water bird breeding colonies, and natural filtering of nutrients.

2. Project funding In December 2007 the NSW Wetland Recovery Program agreed to fund a strategic compliance project

in the Macquarie Valley. The project was led by the NSW Office of Water (the Office) in partnership with the Department of Environment, Climate Change and Water (DECCW), Industry and Investment NSW (I&I NSW) and the Australian Government Department of the Environment, Water, Heritage and

the Arts (DEWHA).

3. Project aims The aims of the project were to ensure delivery of environmental water to target areas by:

Identifying structures in the Macquarie Valley that appear to be affecting water flow and/or

distribution.

Prioritising these structures for compliance investigation.

Providing recommendations for dealing with priority structures.

Remediating structures through compliance actions where required.

The project also aimed to develop a process that could be used to strategically address a number of structures with limited resources and be used for similar activities in other areas in the future.

4. Project objectives and key performance indicators The objectives and key performance indicators as outlined within the NSW Wetland Recovery Program Implementation Strategy for this project are listed below.

Objectives:

Identify priority structures for compliance investigation.

Investigate structures and their impacts and provide recommendations to deal with priority structures when required.

Initiate compliance action for structures having a detrimental impact.



Key performance indicators:

Completion of literature review, including location of known structures, impacts and history

including cost and reasons for the structure’s establishment.

Compilation of an initial prioritised list of structures for compliance investigation.

Completion of assessment of the investigated structures having a detrimental impact and the

likely impacts of alteration to those structures.

Submission of final report of project, including an outline of the compliance investigations

undertaken on prioritised structures.

5. Relevant legislation There are several Acts that apply within the Macquarie Marshes, administered by either a State or Australian Government agency that are relevant to this project. These are:

The Water Act 1912 (WA1912) and the Water Management Act 2000 (WMA2000) administered by the

Office. Broadly these Acts regulate the construction and use of water management works, the extraction and use of water and activities occurring on waterfront land.

The Fisheries Management Act 1994 (FMA1994) administered by I&I NSW. In the context of this

project this Act protects aquatic habitat and makes it an offence to obstruct fish passage.

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) administered by DEWHA. This Act regulates activities that have significant impacts on matters of national

environmental significance including Ramsar listed sites, one of which is present in the Macquarie Marshes.

6. Committee membership Three committees were established:

a Steering Committee with a senior representative from each Agency to provide a governance framework for project;

a Technical Advisory Committee with technical experts from each Agency to provide advice on structures and their possible impacts; and

a Compliance Committee with compliance representatives from each relevant Agency with regulatory responsibilities to organise and undertake compliance investigations.

At a meeting on 1 August 2008 following the completion of the Phase 1 investigations the committee members agreed that the Steering Committee, Technical Committee and the chair of the Compliance Committee would in future meet together to facilitate communication. The Steering Committee

members retained the governance and decision making role. This facilitated communication between the committees.



7. Milestones The project milestones are shown in Table 1.

Table 1: Milestones for the strategic compliance project

Milestone Date

1. Development of project budget and financial governance arrangements. 18/12/07

2. Sign contract. 31/1/08

3. Provision of Phase 1 priority list of structures for action to compliance team. 30/4/08

4. Development of communication strategy. 20/5/08

5. Provision of Phase 1 report to the compliance committee on the positive and negative impacts of priority structures detailing:

assessment of likely impacts of alteration to structures;

type of modifications required.

19/9/08

6. Report to steering committee on findings of review of whole process including progress reporting on key milestones for Phase 1.

22/9/08

8. Provision of Phase 2 priority list of structures for action to compliance team. 3/10/08

7. Issue of Phase 1 compliance notices commenced. 31/10/08

9. Report on assessment of positive and negative impacts of structures and likely impacts of alteration to Phase 2 structures to compliance.

30/1/09

10. Issue of Phase 2 compliance notices commenced. 27/2/09

11. Review of whole process and provision of report to steering committee (internal report). 24/4/09

12. Provision of final project report to NSW Wetland Recovery Program Project Control Group via Steering Committee.

22/5/09

8. Data utilised

8.1 Steinfeld/Kingsford data set

Prior to the project commencing Professor Richard Kingsford and Celine Steinfeld from the University of New South Wales conducted an independent analysis of structures in the Macquarie Marshes using satellite imagery, aerial photography and some ground truthing. This study was not funded through the

project but due to the value of the dataset for the project it was purchased by the project.

8.2 Office of Water spatial analysis

Spatial information analysts within the Office identified and mapped additional structures using higher

resolution satellite imagery and added these to the Steinfeld/Kingsford data set. This data set was used to identify structures within the floodway of the Macquarie River (Narromine to Oxley) floodplain management plan and this information was used in Phase 3 of the project. Structures that were non-

complying or unauthorised were prioritised and investigated in Phase 3 of the project.



9. Planned project method The project was initially planned in two phases.

Phase 1 was intended to collate structures believed to be having an impact on water flow or fish passage. This information was to be captured from within project member agencies and also from community members and stakeholder groups. Following the collation and prioritisation of these

structures a compliance operation was to be conducted to investigate prioritised structures. This operation was to include compliance staff from agencies that regulate activities in the Macquarie Marshes (the NSW Office of Water, I&I NSW, DEWHA) and technical experts from within the project

member agencies including geomorphologists and wetland ecologists. In addition to compliance officers visiting each site a technical expert was also to be present to comment on the environmental impacts of the structure.

Phase 2 was to use LiDAR data and a hydrodynamic model to comprehensively identify and assess all structures in the Marshes. LiDAR is a project funded by the WRP, whereas the hydrodynamic models are being developed under the Rivers Environmental Restoration Program (RERP). To identify

which structures were having the greatest impact on water flow the hydrodynamic model was to be used to model water flow of varying volumes moving through the Marshes. However, these two products were not ready within the project’s time frame and the methodology was adapted

accordingly.

Instead two additional phases were planned, each preceded by helicopter reconnaissance to detect in-stream structures. Two geomorphologists and the project officer flew over subset areas of the

project area in a helicopter and identified and made a preliminary assessment of the impacts of structures from the air.

9.1 Implementation of project method: Phase 1

Phase 1 proceeded as planned. The project’s technical committee collated a list of structures based on information project member agency staff had about historical structures and information the public

and community groups had provided about structures that were causing concern. Taking into account the kind of structure (eg weir, block bank) this list of structures was prioritised based on whether the structure was likely to impact on an environmental asset, water delivery, including environmental water

delivery, fish passage and the geomorphology of the Marshes.

A joint agency operation was then planned, collating relevant information on the properties where structures had been identified. This included property ownership details and details of any existing

licences. The operation was commenced in June 2008 but had to be cancelled and was rescheduled for July 2008 due to adverse weather conditions. Compliance officers from the Office, I&I NSW and DEWHA worked in three teams of four personnel including technical experts such as

geomorphologists, fish experts and wetland ecologists. The compliance officers inspected the structures to check whether a licence or approval was required under the relevant legislation, and if one was, whether there was a valid licence in place and whether there was compliance with the

conditions of consent. The technical experts assessed the possible impacts the structure was having including impacts on fish passage, erosion and wetland areas.

Following these inspections all information from the on-ground inspections was collated and analysed

and based on the technical expert’s advice the Office of Water Compliance Manager made a decision about what action, if any, was required for the structure.



9.2 Implementation of adapted project method: Phases 2 and 3

In Phase 2 a helicopter reconnaissance of the western and northern portion of the Marshes was conducted in October 2008. Two geomorphologists and the project officer flew over the Bulgeraga

Creek and the Southern Ramsar site to identify structures and a preliminary assessment was made of the impacts of structures.

In Phase 3 the helicopter reconnaissance followed the Gum Cowal, Marthaguy and Terrigal creeks

and also looked for in-stream structures in the southern portion of the project area from Gin Gin weir to the Marebone choke. Again, two geomorphologists and the project officer flew over the areas, identified structures and made a preliminary assessment from the air.

All identified structures were recorded using a GPS and a joint agency meeting of technical experts was held to prioritise the structures for investigation. This included people with expertise in fish passage, environmental assets and environmental water delivery.

Issues were identified in both the South and North of the Macquarie Marshes. Many of the issues in the North were identified through the flights, from landholders, previous complainants and the operation undertaken in 2007. The Bora channel has also been assessed using the LiDAR DEM

(digital elevation model) and in December 2009 on-ground inspections were undertaken.

In Phase 1 a property with floodplain structures was audited and issues with compliance with licence conditions was found. Following this audit the committee decided that to address the complex

Marebone area without the LiDAR digital elevation model and hydrodynamic model would be very difficult and due to the impending gazettal of the new Floodplain Management Plan a decision was taken not to focus on this area. It is important that for consistency structures are investigated in a

strategic way therefore structures in this area were not investigated.

However, in Phase 3 some floodplain structures were identified for on-ground assessment by overlaying the spatial layer of the floodway in the Macquarie River (Narromine to Oxley) floodplain

management plan with the Kingsford/Steinfeld/the Office digital layer of structures in conjunction with analysis of satellite imagery by spatial analysts from the Office. As the floodways had previously been identified as critical areas for providing hydrological and environmental flows, structures outside the

floodway were not assessed by this project.

10. Communication with landholders and other stakeholders

10.1 Landholders

Prior to each operation, letters were sent to landholders who owned properties where structures had

been identified. All attempts were made to contact the landholders to arrange for them to be present during the site inspections. This was requested in the letter and also when team leaders contacted them to confirm the time of inspection. Some landholders were not present, however gave permission

to inspect the property. All properties were accessed with permission and it should be noted that investigators found landholders were co-operative with the process.

After on-ground inspections had occurred and a decision had been taken as to the appropriate action

for each structure another letter was sent to the landholders informing them of the outcome.

For structures identified to be removed using project funding a letter was sent to landholders informing them of this decision and seeking their comments.



10.2 Targeted stakeholders

Two meetings were held with stakeholder groups, one at the beginning of the project and one at the end. A list of the stakeholder groups who attended each meeting can be found in Appendix 1.

At the first information session Dr Tim Ralph, Senior Environmental Scientist DECCW, provided information on the geomorphology of the Macquarie Marshes, explaining the geological processes that occur in the Marshes. Katrina O’Reilly, Chair of the project committee, Compliance Manager North, the

Office of Water, talked about the objectives of the project, and the methodology including the joint agency approach. Mr Greg Markwick, Regional Director I&I NSW also attended this meeting.

At the second information session Katrina O’Reilly explained the actual methodology used and

explained the outcomes and the structures that were removed due to the project. Steve Clipperton, I&I NSW discussed the remediation works that were undertaken using project funding. Mr Greg Markwick, Regional Director I&I also attended this meeting.

10.3 Media releases

Three media releases were issued providing information on the project. On 25 February 2008 the

Minister for Water announced the project and provided information on the project’s aims and a web link to more information. On 30 September 2008 the Minister for Water announced the results of Phase 1 of the project and the commencement of Phase 2 with helicopter fly-overs of areas of the

Marshes. Finally on 21 October 2009 the NSW Commissioner for Water issued a media release providing details on the project’s outcomes and the number of structures investigated.

11. Subsequent investigations Some structures required further investigation so that their impact could be determined. Surveys were carried out on four structures on Monkeygar Creek, the old Macquarie River, Bulgeraga Creek and a

channel on a property near the Macquarie River. These surveys were undertaken so that geomorphologists could determine the level of the structure, whether it was having an impact on water flow or distribution and what impact might occur if the structure was to be removed or modified. The

information from the surveys was used to inform whether or not structures were required to be removed or modified.

Five structures on the Bora channel were subsequently investigated using the LiDAR data because it

was very difficult to make a determination of any likely impact due to the topography. This work was carried out by a NSW Office of Water compliance officer with a geomorphologist. Three matters within the floodway were also referred to floodplain engineers for an assessment of impacts. The

assessment of the floodway is still in preparation. As a result of the investigation in the Bora Channel a further 47 structures were inspected in the Bora Channel during December 2009 by a geomorphologist and compliance officers from the Office. Further assessment is currently being

planned by a floodplain engineer to assess impacts these structures are having on the low-medium flows through the system.



12. Project findings Seventeen (17) structures were investigated in July 2007 prior to the project commencing. Some of

these structures were reported again during Phase 1 of the project. Some of these structures required no action however action is continuing with a number of the matters inspected in July. During Phases 1, 2 and 3, 102 structures were investigated and including the 17 structures investigated in July 2007

there was a total 119 structures investigated in total.

In July 2008 for Phase 1 of the project thirty one (31) structures were investigated.

In October 2008 fifty six (56) structures were identified through the helicopter reconnaissance and

after prioritisation as described in section 8.1, thirty two (32) of these structures were investigated.

In January 2009 the Phase 3 helicopter reconnaissance identified sixty three (63) structures. Using the Steinfeld/Kingsford data set as a base, spatial analysts also identified a number of works in the

floodway described in the Macquarie River (Narromine to Oxley) floodplain management plan.

After prioritisation fifteen (15) of the structures identified from the helicopter and twenty four (24) of the floodplain structures were investigated.

The majority of structures identified by the project were historical structures, many of which had been constructed by, or on the advice of the former Department of Land and Water Conservation to prevent erosion.

In relation to the Environment Protection and Biodiversity Conservation Act 1999, DEWHA was interested in activities or structures that could have significant impacts upon matters of national environmental significance including Ramsar listed sites. Two such structures were identified: the

Northern Marsh Bypass channel and the Wilgara channel.

The Northern Marsh Bypass Channel involved the dredging of an artificial stock and domestic supply channel by State Water Corporation (SWC) with direct impacts on the Ramsar site. A Memorandum of

Understanding has been developed between NSW DECCW and SWC about the operation of the Northern Marsh bypass channel. The channel was remediated by SWC in June 2008 and was not investigated by the project.

The alleged illegal use of environmental water via the Wilgara channel adjoining the Ramsar site was investigated. The property in question was inspected by the Office and no breaches of State legislation were found as the landowner is using the channel to extract domestic and stock water

under their Basic Landholder Rights. The existence of the channel pre-dates the EPBC Act, which indicates no breach of Commonwealth legislation has occurred. Nevertheless, the channel may have impacted on a Ramsar site and therefore it may be the subject of future funding. DEWHA will continue

to negotiate with the landowner to discuss the feasibility of repairing old earthworks that may be having a detrimental impact on the Ramsar site.



13. Project outcomes The agencies with primary regulatory responsibility were the NSW Office of Water and Industry &

Investment NSW. All statutory action was taken under water-based legislation.

13.1 Actions taken

As a result of the investigations the following actions were taken on twenty eight (28) structures:

Five advisory letters informing landholders of their responsibilities under water legislation.

These letters were sent where there was not a breach to ensure landholders know their responsibility, and improve voluntary compliance in the future.

Four warning letters informing landholders that there had been a technical breach of water legislation. These landholders technically may have needed a permit but the activity had no impact and a permit would have been granted if they had applied.

Two letters advising landholders to apply for licences under the Water Act 1912 due to the assessment that the structures did not require action taken but still required a licence.

Three draft notices to comply with licence conditions. These matters were referred to the NSW Office of Water Licensing Branch.

One work was voluntarily removed at the cost of the landholder.

Three draft statutory notices were issued to remove or modify works. One is still being pursued, one was withdrawn and one the landholder did the work before a final notice was issued.

Three structures removed using project funding.

One structure was removed with funding from another source.

The project paid for a rock ramp fishway concept design for one structure.

One matter is with DEWHA in relation to impacts on a Ramsar site.

One matter was referred to the NSW Office of Water Licensing Branch for an evaluation of current licence conditions.

Three matters were referred to the DECCW floodplain experts for assessment.

Four matters are still being assessed using LiDAR data.

Eleven structures on State-owned land are being addressed through consultation between agencies.

13.2 Structures removed using project funding

As described above three structures were removed using project funding. These structures were prioritised for funding based on the level of impact they were having on water flow and fish passage.

Prior to these structures being removed a comprehensive Review of Environmental Factors was prepared by I&I NSW and assessed by the Office of Water. The work was undertaken by an experienced earth moving contractor and was project managed by the Soil Conservation Service.

Steve Clipperton from I&I NSW was also present. OH&S site induction was undertaken by the Soil Conservation Service.

Descriptions of the structures are given below and photographs showing the structures before and

after remediation are included in Appendix 2.

Structure 1: Rock weir on Bulgeraga Creek

Structure 1 was a rock type weir built onto the bed of the Bulgeraga Creek. It was being used as a creek crossing for a property. The weir was a full channel width leaky structure and was a total barrier to fish passage during low to medium flows.



The rock weir had altered the bed level both upstream and downstream of the structure and the difference in bed level was approximately 1 m. A detailed survey was completed for the site that included a long-section survey from the upstream extent of the pool above the rock weir, to

approximately 100 m downstream of the weir. Four cross-sectional surveys were also completed up and downstream of the structure, with one surveyed at the structure itself. The cross-sections were full channel width and incorporated a section of the floodplain to determine the top of bank.

The rock weir had recently been altered and new rock ballast material added to the weir crest. These new works were in contravention of both the Fisheries Management Act 1994 and Water Management Act 2000. An initial recommendation was made to remove the structure, however the detailed survey

confirmed that to prevent erosion upstream of the rock weir, a partial removal was the only action that would safeguard upstream bed and bank stability.

The weir crest was lowered down to the reduced level of 96.70 at its centre, still allowing water to back

up to ‘drown out’ the steep part of the stream bed upstream of the weir and prevent a ‘head-cut’ from starting upstream. The weir lowering was done to produce a V shape cross-section along the weir crest with the lowest point in the middle, rising up to the present weir level at the banks. This will

maximise the water depth for fish passage over the weir during very low flows and help to keep the majority of flow away from the eroding banks. The rock excavated off the top of the weir was placed on the downstream side of the weir to help prevent scour.

Structure 2: Rock weir in Bulgeraga Creek

Structure 2 was a rock weir structure within the Bulgeraga Creek. In the past it has been used to dam

and store water, but at the time of the project investigations the weir was not serving that purpose and was redundant. The structure was unlicensed and would not be licensed in the future. The rock weir is a full channel width ‘leaky’ structure and is a total barrier to fish passage during low to medium flows.

The structure appeared to have altered the flow of the stream detrimentally. This is manifested downstream where considerable erosion and undercutting of the stream bank is evident. The eroded material has been deposited on the outside bank a short distance downstream. The geomorphic

assessment advised the full removal of the rock weir.

All rock material from the redundant weir was deposited more than 40 metres away from waterfront land to minimise damage or disturbance to the floodplain and riparian vegetation.

Structure 3: Earthen block bank across Marthaguy Creek

Structure 3 was an earthen block bank across the Marthaguy Creek. The block bank was formed

using three old car bodies placed end to end across the Marthaguy Creek.

A weir pool had formed upstream of the weir and a pump had been used in the past to pump water from the pool. The geomorphic assessment advised for the full removal of the block bank and cars

from the stream channel.

All excavated spoil and the three cars were removed and placed outside the Core Riparian Zone to minimise damage or disturbance to riparian vegetation.

13.3 Spatial layer of structures

A spatial database of all structures identified and investigated by the project has been created. In the database for this spatial layer for each structure investigated information has been recorded about the

type of structure, its location, when it was investigated and action taken has been recorded.



The NSW Office of Water is the custodian of this spatial database. Information from the database will be made available to Government Agencies who are conducting planning activities or regulatory activities in the Macquarie Marshes in accordance with privacy and personal information legislation.

13.4 Ongoing investigations in the Macquarie Marshes

The NSW Office of Water will continue investigations in the Macquarie Marshes as part of core business, this includes including investigations on structures that were identified but not investigated,

investigating new alleged breaches reported and monitoring of environmental flows and stock and domestic releases. This work will be undertaken in consultation with other agencies such as I&I NSW and DEWHA.

Additional structures that were identified from the flights will be further processed when the LiDAR data and hydrodynamic model are finalised. These activities will be incorporated into core business for the Office for action in consultation with other agencies.

The project process helped to streamline investigations through enabling a range of experts and tools to be drawn together. This included using a range of techniques to identify structures such as aerial surveillance and satellite image analysis and also techniques to assess the impacts of structures such

as surveys and technical assessments. It provided an opportunity for a number of agencies to work collaboratively and develop relationships which will assist future joint operations.

The joint agency approach could be applied to other catchments. Other catchments in the north of

NSW have been identified where this approach has the potential to improve water flows through river systems such as the Lower Gwydir and Gingham Watercourses. Future projects have been discussed and are currently being scoped by the Office. If further funding became available the process and

experience gained would enable the Office and other agencies to expedite on-ground investigations and action.

A stock and domestic flow was monitored from the air by a compliance officer in September 2008.

During this surveillance only one bank was observed holding back water and this structure was investigated in the Phase 2 operation.

14. Budget The project was allocated $400,300 of funding. However, due to reduced meeting costs and the

change of methodology not all project funding was required. The project was delivered for $252,395.

15. Recommendations and lessons learned It is vital in any future projects that there is adequate resourcing for the project management role and systems developed to store all information in a consistent way to aid in interrogation of the information into the future.

If the project relies on products being delivered from other projects it is important to develop a backup plan during the scoping phase of the project to fall back on if the products are not delivered on time.

The multi-agency and multi-disciplinary teams allowed for many issues to be investigated, rather than

just focussing on the compliance angle. The recognition of ecological and geomorphological issues has ensured that both site and system impacts were considered.



15.1 Recommendations and lessons learned – a Commonwealth perspective

DEWHA has been very limited in its scope to undertake regulatory action under the EPBC Act unless proof beyond a reasonable doubt can be collected and this would normally require consultation with an independent party. The issue of water usage in the Macquarie Marshes is also very complex and

has a long history. However, the whole-of-government approach to addressing water issues in the Marshes has been overall positive. The streamlined approach of conducting joint agency field visits in the area has been appreciated by landowners and preferred to multiple visits throughout the year by

various departments and researchers.

The joint-agency approach between State and Commonwealth agencies has been successful in removing barriers to communication and gaining knowledge about how each department operates in a

regulatory environment. The field work component has been particularly valuable for DEWHA staff as opportunity to operate in a field based context is often limited.

15.2 The need for future operations

Similar issues of water theft and illegal structures and diversions are facing the Gwydir wetlands, the Darling-Paroo system and other associated wetlands in NSW. It is therefore important that these areas are investigated for compliance with State and Commonwealth legislation in the near future.



Appendix 1: List of stakeholder groups who attended information sessions

Information session 1, 25 September 2008

Group represented

Macquarie River Food & Fibre

Lower Macquarie Community and Farmers Group

Wailwan Aboriginal Community

Ramsar Managers Network

Industry and Investment NSW

Information session 2, 5 August 2009

Group represented

Effluent Creeks Association

Macquarie Marshes Environmental Landholders’ Association

Macquarie River Food and Fibre

Nature Conservation Council

NSW Irrigators Council

Agriculture Ministerial Advisory Council

Ramsar Managers’ Network

NSW Office of Water

State Water

Warren Land Council

Coonamble Shire Council

Central West Catchment Management Authority

Department of Environment, Climate Change and Water

Industry & Investment NSW

Warren Shire



Appendix 2: Photographs of structures remediated using project funding

Figure 1: Structure 1: Rock weir on Bulgeraga Creek before remediation, full width rock weir

Figure 2: Structure 1: following remediation, water can now pass and fish passage will be facilitated during low flows



Figure 3: Structure 2: Rock weir in Bulgeraga Creek, before remediation, full width rock weir

Figure 4: Structure 2: after remediation, improved water flow and fish passage



Figure 5: Structure 3: Earthen block bank across Marthaguy Creek, before remediation, earthen block bank formed using old car bodies

Figure 6: Structure 3: after remediation: improved water flow and fish passage


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Strategic compliance in the Macquarie Valley€¦ · Recommendations and lessons learned ..... 12. 15.1 . Recommendations and lessons learned – a Commonwealth perspective ... national