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Warning: The information in this fact sheet may be out of date and should not be relied upon. We are currently in the process of updating all fact sheets. The information contained in this fact sheet is current as at 25 September 2006. Topic 4 – Natural Resources4.3. Catchment ManagementEnvironmental law plays an important role in establishing regulatory and institutional structures for sustainable management of catchment areas. This section describes the legal framework for catchment management in New South Wales. 4.3.1. Catchment Management AuthoritiesThe Catchment Management Authorities Act 2003 provides for the establishment of thirteen Catchment Management Authorities, covering the following catchment areas: Border Rivers-Gwydir, Central West, Hawkesbury-Nepean, Hunter-Central Rivers , Lachlan, Lower Murray-Darling, Murray , Murrumbidgee, Namoi, Northern Rivers , Southern Rivers, Sydney Metropolitan and Western. [1] The function of each Catchment Management Authority is to carry out or fund catchment activities in accordance with the Act. [2] Catchment activities are defined to mean ‘activities relating to natural resource management in an area'. [3] In particular, Catchment Management Authorities are also required:
The plan must have regard to the provision of any environmental planning instrument that applies to the land, other existing natural resource management plans for its area of operation and the need to comply with any state-wide natural resource management standards and to promote any state-wide targets. [7] The Catchment Management Authorities Act provides for public consultation in relation to the preparation of catchment action plans. [8] Once a draft catchment action plan is prepared, the Catchment Management Authority is required to refer that plan to the Minister and the Natural Resources Commission. The Minister will then determine whether to approve the plan (with or without alteration) or to refer the draft plan back to the Catchment Management Authority for further consideration. The Catchment Management Authority is required to carry out regular and periodic review of the plan and the Minister is required to ensure the plan is audited at least once every five years. [9] 4.3.2. Natural Resources CommissionThe Natural Resources Commission (NRC) consists of a full-time Commissioner and Assistant Commissioners. [10] The function of the Commission is to provide the government with independent advice on natural resource management. [11] In particular, the Commission is empowered to:
It is anticipated that a Natural Resources Advisory Council (NRAC) will also be established with representation from primary industry, peak environmental organisations, the scientific community, local government, and Aboriginal interests. The Advisory Council will provide the Commission with advice on the views of key stakeholders. 4.3.3. Sydney Catchment AuthorityThe Sydney Water Catchment Management Act 1998 creates the Sydney Catchment Authority. The authority is responsible for a defined area within the Sydney water supply catchments. [13] The functions of the authority include managing and protecting these catchment areas and protecting and enhancing water quality in the catchment [14] Land within the catchment can be declared a “special area” [15] or a “controlled area” [16]. The Regulations make provision for the prohibition of abstracting, using or contaminating land and water within a special or controlled area [17]. The authority is also required to prepare and implement a plan of management for land identified as a special area. [18] 4.3.4. Catchment Management and Environmental Planning InstrumentsEnvironmental planning instruments prepared by local and State government under the Environmental Planning and Assessment Act 1979 may also play an important role in managing the impact of activities taking place within a catchment. Local environmental plans (LEPs), regional environmental plans (REPs) and State environmental planning policies (SEPPs) may all play a role in catchment management. Examples of environmental planning instruments with a catchment management role include: the Greater Metropolitan Region REP No. 2 – Georges River Catchment, the Sydney Region REP No. 20 – Hawkesbury-Nepean River and the draft Sydney Region REP – Sustaining the Catchments. For more information about the preparation of environmental planning instruments, see Section 2.2.1 – Environmental Planning. Text Box 4.3Case Study: The Murray-Darling Basin Catchments that cross State boundaries raise additional regulatory problems. An example of such a catchment is the Murray Darling Basin, which extends from Queensland, through New South Wales and Victoria, to South Australia. The Murray Darling Basin Act 1992 implemented an agreement reached between the Commonwealth, New South Wales, Victoria and South Australia. The agreement aims to promote effective planning and management of the Murray Darling Basin to achieve effective, efficient and sustainable use of the resource. [19] The agreement created two organisations responsible for achieving this goal:
The Ministerial Council decides policy objectives and general measures to be undertaken by the Murray-Darling Basin Commission. The Murray-Darling Basin Commission is directly responsible for implementing measures to further the agreement and coordinating the activities of individual governments in relation to water problems. [21] References
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