The Water Act 1989 (Vic) (the Act) provides the legislative framework for the management of water resources in Victoria. Sustainable Water Strategies are one of a number of water resource planning processes under the Act. This page outlines the legal framework that applies to the initiation, creation and implementation of Sustainable Water Strategies.

Sustainable Water Strategies are regionally based strategies that are intended to provide a medium to long-term strategy for the management of water resources in Victoria. The development of Sustainable Water Strategies were given legislative implementation as part of reforms to the Water Act introduced by the Water (Resource Management) Act 2005 (now subsumed within the Water Act). Section 22B of the Water Act states the Minister may prepare Sustainable Water Strategies for any region of Victoria.

The government is preparing Sustainable Water Strategies for four regions, covering the whole of Victoria:

Northern Victoria Region (the River Murray and its tributaries – Loddon, Goulburn, Broken, Campaspe, Kiewa and Ovens systems).

Central Region (West Gippsland, Port Phillip, Westernport, Western, Central Highlands and Barwon Regions).

Western Victoria (Otway Coast, Corangamite, Hopkins, Glenelg, Portland, Millicent, Wimmera, Avoca and the southern half of the Mallee.)

Gippsland Region (eastern Victoria).

Two sustainable water strategies have been finalised and two are under development. The Central Region SWS was released in 2006. The Northern Region SWS was released in December 2009. The Draft Western Region SWS was released on 17 March 2010 and open for public comment until 21 May 2010. The Gippsland SWS is currently being prepared and a draft is due for release in 2010.

The Act requires that sustainable water strategies “must provide for the strategic planning of the use of water resources in the region in which it applies” (s22C). Sustainable Water Strategies are required to:

• Identify threats to the reliability and quality of water for both environmental and consumptive uses in the region.

• Identify ways to improve and set priorities for improving the reliability of supply and quality of water.

• Identify ways to improve and set priorities for improving the maintenance of the environmental water reserve in accordance with the environmental water reserve objective.

• Identify ways to increase and set priorities for increasing the volume of water in the environmental water reserve to improve the environmental values and health of water ecosystems.

Importantly, section 22C also requires the Sustainable Water Strategy to include an implementation plan setting out timelines or targets for implementing key actions identified by the strategy.

The Act requires Sustainable Water Strategies to take into account the environmental sustainability principles set out in the Environment Protection Act 1970.

The Minister for Water, with the support of the Department of Sustainability and Environment, is responsible for the coordination and implementation of Sustainable Water Strategies. However, specific projects and initiatives of the strategies are managed by the relevant Catchment Management Authority and Water Authority.

Initiation of a Strategy and Public Consultation

The initiation and preparation of a Strategy is the responsibility of the Minister for Water. A consultative committee is appointed by the Minister and then a draft Strategy is released for public comment for a period of at least two months. During this time any person can make a submission on the Strategy (s 22D, 22E).

Panel review

The Minister may appoint a panel to consider submissions and to prepare a report. The panel must be made up of people who have knowledge of and experience in the issues that are to be considered. The Panel prepares a report to the Minister which the Minister must release publicly within 1 month of receiving it, and before making any final decision on the strategy (s22F)

Approval of Strategy

Once any panel report has been prepared, the Minister is required to consider the report and make a decision as to whether to approve the Sustainable Water Strategy, or reject it or approve it with amendments (s22G)

Final Strategy

Once the Minister has made this decision, the Sustainable Water Strategy must be published and made available as soon as practicable (s22H). Strategies are made available on the Department of Sustainability and Environment website at www.dse.vic.gov.au

The only accountability mechanism with respect to Sustainable Water Strategies is a requirement that the Department include a report with respect to any approved Sustainable Water Strategies in the Department's Annual Report (s22J) .The report must address:

• The measures being taken to implement the strategy,

• Identify the priorities that apply to actions required by the implementation plan.

The Minister can review a Sustainable Water Strategy at any time and must do so within 10 years of a strategy coming into effect or if the result of a long-term water resources assessment has any impact on the Strategy (s22I)

The Water Act outlines what must be identified by Sustainable Water Strategies in broad terms but does not detail specific actions or timeframes. So what do Sustainable Water Strategies actually contain?

The Strategies identify sources of water in each region, threats to those water sources and what the government plans to do to address those threats. They contain useful information on how the water management works in Victoria and facts on how much water is flowing into a region, how much is being used and likely projections due to climate change.

As an example, the Northern Region Sustainable Water Strategy includes the following actions:

• Existing entitlements to water will not be reduced or removed;
• All entitlement holders (rural and urban water users and the environment) must share the risk of reduced water availability due to climate change;
• An environmental water will be established to manage some environmental water;
• Management and clarity of groundwater and surface water licences will be improved.

Victorian legislation can be found atwww.austlii.edu.au or www.legislation.vic.gov.au.

Water Act 1989

Water (Resource Management) Act 2005

Catchment and Land Protection Act 1994

Heritage Rivers Act 1992

Flora and Fauna Guarantee Act 1988

Environment Protection Act 1970

Our Water, Our Future:Securing Our Water Future Together

Central Region SWS Northern Region SWS Draft Western Region SWS Gippsland SWS

SEPP (Waters of Victoria)

SEPP (Groundwaters of Victoria)

Water Portal

Water Act Vic 1989