Western Land Planning Pty Ltd Floodplain Licencing

Transcription

1 Western Land Planning Pty Ltd Floodplain Licencing Principals: David Edmondson Chris Botfield Level 1, 268 Macquarie St, DUBBO, NSW 2830 Tel: (02) Fax: (02) Web: 1

2 Floodplain harvesting definition Floodplain harvesting is the collection, extraction or impoundment of water flowing across floodplains. The floodplain flows can originate from local run-off that has not yet entered the main channel of a river, or from water that has overflowed from the main channel of a stream during a flood. Source: NSW Office of Water, May 2013 For the purposes of this policy the floodplain is defined as extending to the 1 in 100 year flood line. (Paul Simpson, DNR, pers. Comm. Land Surface Diversions Status Report, July 2006) 2

3 FPH excludes the following types of water extraction Taking of water under a water access licence that is not a floodplain harvesting access licence; Taking of water under a basic landholder right, including water taken under a harvestable right; Taking of water under an application water access licence exemption under the Water Management Act 2000; Runoff of irrigation water and stormwater which is subsequently captured in tailwater return systems or other means in accordance with licence conditions or methods which have been approved by the Office; for example, in accordance with appropriate Industry Best Management Practice. 3

4 Typical floodplain harvesting example 4

5 Typical floodplain harvesting example 5

6 Healthy floodplains project Source: Office of Environment and Heritage, May

7 Considerations Valley wide Flood Management Plans will have specific rules to define the types of flood and licenced works that can occur in a designated floodplain area. All controlled works will be licenced across all water types. The FPH Licence will be a tradable ML perpetual asset. The onus is on the irrigator to provide usage and infrastructure evidence over time to justify a licence. Floodplain harvesting valley number will be included in the Murray Darling Basin Plan s Base Line Diversion Limits (BDLs) and auditing arrangements. NSW Office of Water will review the associated water licences to ensure that all works are approved as per the NSW Water Act and the NSW Water Management Act regulations as part of the assessment process. 7

8 WLP Process Map (GIS) and record all flood plain water harvesting infrastructure including floodplain harvesting banks, channels, pumps, storages and inlets; Document and confirm existing licences and other compliance issues associate with infrastructure; Identify existing compliance gaps and provide a legitimate explanation of the approval status; Record relevant and current infrastructure age, size and capacities; Development of the NSW Office of Water, Register of Interest (ROI) submission. 8

9 Ramifications for Irrigators Floodplain Harvesting licenses will be tradeable once issued. Floodplain Harvesting licenses apply per farm, not per operation. Separate approvals are required for each property (ie, if water is captured on Farm A and channelled to Farm B where production takes place, approvals are required for both farms). Floodplain Harvesting licenses must be applied for by 30 April The NSW Office of Water application requires all existing approvals to be reviewed to set out current license status. It can take several weeks for the Department to provide Water Act and Water Management Act documents which are required to be referenced in the application process. Time is short. If an asset contains unapproved infrastructure (ie, pump sites, levees, fields, supply channels etc), the NSW Office of Water could ultimately order that area to be decommissioned. If a field is taken out of production or a Floodplain Harvesting license not granted, asset values & income producing capacity may decrease, increasing leverage. Remediation work may be required to bring back site to original form. 9

10 What are the Penalties? There are substantial maximum penalties for offences under the WMA2000 Tier 1 Offences $1.1m for individuals and up to 2 years imprisonment $2.2m for corporate entities Tier 2 Offences $247,500 for individuals $1.1 m for corporations Tier 3 Offences The maximum penalty is $110,000 There are also daily penalties for continuing offences. The Courts have the powers to make orders against people convicted of water offences, including powers to order an offender to publicise an offence or pay for an environmental project. 10

11 Recommendations Ensure that you have approvals for all works in situ, including surface water access points. A Floodplain Harvesting license will not be granted if existing infrastructure is not approved. Specifically ensure all approvals are held relating to: Works approval Use approval Part 8 approval Ensure you have lodged a Register of Interest with the NSW Office of Water for a Floodplain Harvesting License. Applications must be lodged by 30 April Check that the volume of the license being applied for matches production. The application must be supported by some science, not back of the envelope calculations. If the approved license is less than production requirements, it may result in less green acres; ie, many irrigators rely on overland flow to top up surface/groundwater allocations. Ensure approvals are obtained for any additional work or modifications which are subsequently completed to any irrigation infrastructure. 11

12 We can help Western Land Planning specialise in this work. We work for the irrigator, not the Department. We have a good relationship with the Department and know their requirements. We are happy to act as the intermediary between the Office of Water and the irrigator. This should allow a smooth approval process to occur, reducing pressure on the irrigator. If you need advice on licensing, we are happy to meet with you to discuss your requirements. Contact: David Edmondson, Chris Botfield Tel: (02) David Winnick Tel: david.winnick@wlp.com.au 12