The information contained in this fact sheet is current as at 25 September 2006.

Topic 4 – Natural Resources

4.3. Catchment Management

Environmental 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 Authorities

The 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:

• to develop catchment action plans and to give effect to any such approved plans through annual implementation programs;
• to provide loans, grants, subsidies or other financial assistance for the purposes of the catchment activities it is authorised to fund;
• to enter contracts or do any work for the purposes of the catchment activities it is authorised to carry out;
• to assist landholders to further the objectives of its catchment action plan (including providing information about native vegetation management);
• to provide educational and training courses and materials in connection with natural resource management; and
• to exercise any other function relating to natural resource management as is prescribed by the regulations.[4]

• the results that are expected to be achieved by the implementation of the plan and the time frames for achieving those results;
• for the purposes of annual implementation programs, the priorities for the funding or carrying out of catchment activities in the area of operations of the authority; and
• any other matter that the Minister for Natural Resources may direct to be included in the plan.[6]

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 Commission

The 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:

• recommend State-wide standards and targets for natural resource management issues;
• recommend the approval of catchment action plans consistent with the State-wide standards;
• audit the effectiveness of those plans and other natural resource management activities;
• undertake natural resource and conservation assessments as required by the Minister;
• undertake inquiries on natural resource management issues as required by the Minister;
• assist in the resolution of natural resource management issues referred to it by the Minister;
• advise on priorities for research concerning natural resource management issues; and
• arrange for natural resource management information to be gathered and disseminated.[12]

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 Authority

The 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 Instruments

Environmental 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.

References

1. Catchment Management Authorities Act 2003, s. 6.
2. Catchment Management Authorities Act 2003, s. 14.
3. Catchment Management Authorities Act 2003, s. 4.
4. Catchment Management Authorities Act 2003, s. 15.
5. Catchment Management Authorities Act 2003, s. 19.
6. Catchment Management Authorities Act 2003, s. 20(1).
7. Catchment Management Authorities Act 2003, s. 20(2).
8. Catchment Management Authorities Act 2003, s. 21.
9. Catchment Management Authorities Act 2003, s. 26.
10. Natural Resources Commission Act 2003, ss. 7-8.
11. Natural Resources Commission Act 2003, s. 12.
12. Natural Resources Commission Act 2003, s. 13.
13. Sydney Water Catchment Management Act 1998, s. 20.
14. Sydney Water Catchment Management Act 1998, ss.15 & 16
15. Sydney Water Catchment Management Act 1998, s.44
16. Sydney Water Catchment Management Act 1998, s.51
17. Sydney Water Catchment Management Act 1998, ss.48 & 51
18. Sydney Water Catchment Management Act 1998, s.49
19. Murray-Darling Basin Amendment Act 2002, Schedule 1.
20. Murray-Darling Basin Amendment Act 2002, Schedule 1.
21. Water Management Act 2000, s. 36(2).

© 2007 Environmental Defender's Office (Ltd) NSW