oolloo water advisory committee - meeting record 14: 28 ......2019/08/28 · oolloo water advisory...

Oolloo Water Advisory Committee Meeting Record 14

28 August 2019 – 10.00am

Paterson Room, Katherine Research Station Members Present John Childs Chair Kate Peake Regional Development Australia Northern Territory Mona Liddy Wagiman Traditional Owner Eddie Webber Community Member Diane Brodie Proxy for Lorrae McArthur, Northern Land Council Warren de With AFANT Dick Perry Community Member, Water Extraction Licence Holder Alison King Aquatic Ecologist Members Absent Rob Lindsay Maddaingya Malak Malak Ranger Program Representative Sam McBean NT Cattleman’s Association representative Peter Marks Horticulturist, Water Extraction Licence Holder Phil Howie Community Member, Water Extraction Licence Holder Simon Smith NT Farmers Association representative Mark Hansen Proxy for Malcom Baker, Quintis, Water Extraction Licence

Holder Advisors Present Christine Long Executive Director, Water Resources, DENR Tim Bond Director, Planning and Engagement, DENR Adrian Tomlinson Water Planner, Planning and Engagement, DENR Minute Recorder Pru Ducey Executive Katherine, DENR

1 OPENING

Meeting opened at 10.00am. The Chair welcomed everyone, and confirmed this meeting would be to wrap up the Committee’s advice on the draft Oolloo Water Allocation Plan. 1.1 Apologies

Rob Lindsay Maddaingya Malak Malak Ranger Program Representative Sam McBean NT Cattleman’s Association representative Lizzie Sullivan Wagiman Traditional Owner Mark Hansen Proxy for Malcom Baker, Quintis, Water Extraction Licence Holder


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1.2 Confirmation of Agenda

Confirmed. 1.3 Focus of Meeting

Water planner advised the purpose of the meeting was to: 1. Review the issues raised in public submissions. 2. Advise on suitable responses to these issues and endorse proposed changes to the

draft water allocation plan. 3. Review and endorse the report on community engagement. 4. Provide feedback on implementing the new water allocation plan. 5. Provide feedback on the Committee’s operation.

2 MINUTES AND BUSINESS ARISING FROM PREVIOUS MEETING

2.1 Action Items from previous meeting

The table of action items was not reviewed as it mainly pertained to actions that have already taken place prior to this meeting in finalising the draft plan. The Committee agreed the Minutes of Meeting 13 held in Katherine on 30 April 2019 were a true and correct record.

3 PUBLIC SUBMISSIONS

3.1 Overview and summary

Water planner advised that the plan was released for public consultation for 6 weeks closing 15 July 2019. Communication and engagement activities in this period were undertaken in accordance with the communication and engagement plan. This included meetings held with representative groups such as AFANT and NT Farmers, direct contact with stakeholders as well as notices in local newspapers. It was considered that communication and engagement activities had effectively reached the audience as submissions covered a good spread of issues and demonstrated a good understanding of the issues.

The feedback received included: • Nine written submissions • Feedback from Traditional Owner meetings • DENR Internal comments

It was noted that there had not been a meeting with licence holders and contended that individual licence holders are unlikely to make a submission as they are time poor. Tim Bond advised that repeated offers had been made to NT Farmers to hold a forum for licence holders to provide feedback but this offer had not been taken up.


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3.2 Public Submissions

Water Planner advised the main issues that DENR had identified in submissions related to: 1. Quickly resolving over allocation in the Northern management zone 2. Aboriginal Reference Group 3. Strategic Aboriginal Water Reserve (and provisioning ASAP) 4. Trade rules 5. Better recognising the value irrigated agriculture in the Douglas Daly and Florina Road

area 6. Including risk due to climate change 7. The commitment to fully implementing the plan, including appropriate funding and

resources 8. The commitment to monitoring. 3.3 Traditional Owner meetings/consultation

Diane Brodie (NLC) summarised feedback provided by Traditional Owners: The Aboriginal Reference Group (ARG) was supported.

o The ARG and WAC to work closely together as the Daly River Management Advisory Committee and ARG did previously, with ARG represented on the WAC. Traditional Owners supported the idea of a catchment approach for the ARG but this needs to be led by Traditional Owners.

o The ARG terms of reference should reflect the Aboriginal view of water and land being inseparable and the need for a holistic approach. They should ensure the ARG: Is able to advise the WAC and Controller. Is not limited to providing cultural advice. Is able to feed expertise, including traditional knowledge into planning and

policy. licence applications should go to ARG and WAC so they can give a

catchment-wide view and provide advice to the Controller. o Due to their presence on Country, Traditional Owners can identify emerging

risks and advise on their mitigation or management and this should be reflected in the ARG’s terms of reference.

o There was a frustration the previous ARG was disbanded. Would like to see something in place that has bipartisan support (outside the scope of the WAP), and that this should be reinforced by legislation.

• Strategic Aboriginal Water Reserve (SWR): o Supported but Traditional Owners are not happy that it is not fully allocated. o A plan is needed for unused water to go back into system. o Traditional Owners propose that trading not be allowed until SWR is filled. o Concerns about speculation, holding onto water for profiteering. o Would like the SAWR legislated as soon as possible.

• Need to get moving on documenting cultural values and the data for environmental and cultural needs and this needs resourcing.

• Environmental and cultural flows are not the same. • A change to the definition in the Water Act 1992 is needed so that cultural does not

mean golf courses and parks.


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• NLC has recommended the plan be reviewed in 3 years rather than 5 years. • Traditional Owners and Ranger groups should be involved in collection of data and

monitoring activities. • Use of cultural monitors is needed when researchers are out on Country. • Monitoring should include sites that are important to Traditional Owners. • PFAS, Climate change and rising salt levels are of concerns and should be included in

monitoring. • What happens if licensed use impacts on Country? There should be some kind of

mechanism for the Controller to reduce a water allocation. • Extraction in plan area needs to consider downstream areas - data gathering,

monitoring and ARG membership. • The cover photo of an African mahogany is inappropriate. • Licence exemptions (eg. for roadworks) means some uses are not quantified in the

plan. All uses should be metered to provide a complete picture of water use. • Water use upstream of the boundary of the plan needs to be considered in the plan. • Concerns about weed control

o Invasive species moving beyond the border of a licence holder’s property. o Invasive species are not declared as weeds. o Control of weeds consumes rangers’ and Traditional Owners’ time and resources

without additional funding for this. • Land and water are not separate. 3.4 Identification of key issues

The following issues were agreed as key issues for discussion in Agenda item 4 response to submissions: 1. Quickly resolving over-allocation in the Northern management zone. 2. Aboriginal Reference Group. 3. Filling the Strategic Aboriginal Water Reserve ASAP. 4. Recognising irrigated agriculture in the Douglas Daly and Florina Road area. 5. Trade rules. 6. Risk due to climate change. 7. Commitment to monitoring. 8. Commitment to fully implementing the plan, including appropriate funding and

resources. 9. Other issues as listed in Schedule 5.

4 RESPONSE TO SUBMISSIONS

4.1 Quickly resolving over-allocation in the Northern management zone.

Water planner advised that there were four submissions which all sought a quick resolution to the over-allocation to ensure sufficient water is available for environmental flows and SAWR. DENR proposed response Short-term: Water currently held back from the Southern and Central zones consumptive pool until the over-allocation is resolved.


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Long-term: Water returned to pool via: 1. Unused licensed water entitlements policy 2. Changes to development plans 3. Lapsed entitlements 4. Annual review of the current water account and at the five-year plan review OWAC discussion Approach was agreed. It was noted that there are sacred sites in Parks areas which are not recognised under the Parks Act. Cultural flows must also be reserved. ACTION – Planner to review language in the plan, noting that environmental and

cultural are different things but there might be overlap. It was noted that the text needs to make clear that there is also a need to preserve dry season flows in the Flora, Douglas River and Stray Creek flowing into the Oolloo Plan area which emanate from the Tindall Limestone Aquifer. Tim Bond advised that the principle of preserving flows out of one water resource into another water resource to avoid double dipping should apply throughout the Daly River catchment. The WAC and ARG would have a role providing advice on this. 4.2 Aboriginal Reference Group

Water planner advised that there was strong support for the proposed ARG and views that: 1. It should be resourced by Government. 2. Based on the Daly River catchment. 3. Led by Traditional Owners. 4. Define cultural values. 5. Have power and capacity to advise holistically on water and land management issues

in a way that is consistent with the Aboriginal worldview. 6. Representatives from the ARG on the Water Advisory Committee. DENR proposed response ARG recommended. Comments to be used in design of Terms of Reference. OWAC discussion • Traditional Owners request that the ARG to have a role in licensing should be

recognised in the above list. Roles will be resolved in developing the Terms of Reference.

ACTION – Planner to record in the summary of submissions, the request for the ARG to be involved in decisions about water licenses and that this will be resolved in developing the Terms of Reference.

4.3 Strategic Aboriginal Water Reserve (and filling as soon as possible)

Water Planner noted that submissions from NLC and Traditional owners strongly supported the SAWR but had the following concerns or queries:


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1. How to shift the SAWR from “notional” to “available” (no trade while notional)? 2. Will the SAWR be increased if new land becomes available during the term of the

plan? 3. Is trade of water into the SAWR possible? 4. What will be the security level of water assigned to the SAWR? 5. How will the risk of the policy being overturned again be mitigated? DENR proposed response The responses to each issue were summarised in the following Table.

QUESTION PROPOSED RESPONSE

1. How to shift the SAWR from “notional” to “available”. (No trade while notional.)

Refer strategies for return of water.

2. Will SAWR be increased if new land becomes available during the term of the plan?

At plan review.

3. Is trade of water into the SAWR possible?

Eligible SAWR rights holders can access to additional extraction entitlements via trade but traded water does not become part of the SWR.

4. What will be the security level of water assigned to the SAWR?

Aspiration is the same mix as other entitlements - include text in plan.

5. How will the risk of the policy being overturned again be mitigated?

New legislation before the House of Assembly to create Aboriginal development beneficial use and an Aboriginal Water Reserve and other protections in Water Act.

OWAC discussion Each of the issues were discussed with no changes proposed. It is noted that there is an activity in the plan (Activity 3.1) which will look at reliabilities and security levels and this could consider the SAWR and how it is assigned security levels. 4.4 Recognise the value of the Douglas Daly and Florina Rd areas for irrigated

horticulture

Planner advised that two submissions highlight that the Douglas Daly is recognised as a strategic broad acre irrigated and dryland agriculture area and did not feel this value was sufficiently recognised in the plan.


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DENR proposed response The strategic value of the area for irrigated horticulture is recognised. To make this clear a new value “underpinning established broad-hectare irrigated agricultural precincts in the Douglas Daly and Florina Road areas” should be included in 2.3 Values of the ODA. This would make clear the intention in the plan and make this something which is monitored. OWAC discussion Agreed. Irrigated horticulture is a key value in areas where there is a coincidence of land suitable for productive uses and the availability of water. The wording should reflect that the primary value in these areas is intensive horticulture so as to not inadvertently support low value agricultural activities. DENR should obtain advice on appropriate wording. ACTION – Include new value in 2.3. Planner to obtain advice from an appropriate

authority on how to word the new value to reflect the above discussion. 4.5 Principles for Trade

a. Submissions (primarily in relation to the SAWR) expressed concern that water will bypass the SAWR if unused water can be traded. They propose there should be: • No trade while SAWR is not fully available; or, • Trade only entitlements made available through efficiency savings or savings due

to a change of use. b. DENR also tabled additional changes to the Oolloo trade guidelines (section 6.4.9) not

related to the submissions to make them consistent with other plans.

4.6 Trade of unused water

DENR proposed response Trade is largely guided by trade policy, however the Committee’s feedback on this submission is requested. OWAC discussion Tim Bond noted that the draft policy – Trading Licensed Water Entitlements is out for comment until 13 September 2019. This policy should be the definitive source for general guidance on trade rather than the plan. The plan’s role in respect to trade is to highlight the requirements to maintain the water resource (e.g. principles for trade between areas) and considerations the Controller might look at when making a decision. There is also a need to ensure that guidelines do not restrict trade. It was noted that unused water was subject to the Management of Unused Licensed Water Entitlements policy. At present the draft Trading Licensed Water Entitlements policy does not have any additional guidance on trade of unused entitlements or trade while the Strategic Aboriginal Water Reserve is in part notional. It agreed that the approach to potential trading of unused water needs to be defined in the policy and not in individual plans. This is a difficulty for the Oolloo plan in the absence of a final policy on trade. However, there is a window of opportunity to comment on the trade policy. The Chair offered to draft a submission on the draft trade policy on behalf of the Committee.


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The concern was raised that under the unused water policy there is a three year window to demonstrate use. If a licensee reached two years and was not going to proceed in next 12 months, they could decide to trade for five years. This restarts the clock on the entity that receives the water and water could bounce around “eternally”. It was noted that the trade policy would be subject to review and this would include assessment against the intent is to make sure water that has been granted has been used. At a plan level the five year review, could also review what has happened to the water use and the effectiveness of trade guidelines. The Strategic Aboriginal Water Reserve is also subject to evaluation and this would consider whether water has been available to Aboriginal water rights holders and whether this has led to economic development opportunities. OWAC recommendation Only those matters which can be included in the plan should be included in the plan therefore DENR response is appropriate. Chair to consider proposing a submission on the draft Trading Licensed Water Entitlements policy to the Committee. Update Trade guidelines (6.4.9) Water planner advised that the trade guidelines were proposed to be amended in the plan (below - red indicates a change or new wording from the draft plan). The changes are for consistency with the Katherine Tindall and other plans. The new guidelines 1 and 2 were based on legal advice regarding restriction of trade between consumptive beneficial uses. 1. Trade may occur between consumptive beneficial uses. NEW 2. Water allocated to public water supply beneficial use should only be traded on a

temporary basis. NEW 3. Permanent trading between GMZs should only be permitted if the receiving GMZ is

under allocated. 4. Trade should only be permitted if it does not result in a reduction in the reliability of

existing licences. 5. Temporary trading between GMZs may be permitted subject to additional scenario

modelling, including meeting the flow requirements in the river and reliability analysis. 6. It is recommended that a temporary trade within the same GMZ does not require

additional scenario modelling and reliability analysis if it is for less than three years. 7. A permanent or temporary trade should be at the same security level as long as the

trade does not result in a reduction in the reliability of existing licences in the receiving GMZ.

8. It is recommended that trade from surface water to groundwater entitlements downstream of the Wilden Station (G8140536) should be permissible on a temporary or permanent basis within the same GMZ.

9. Trading into a Groundwater Discharge Protection Area should not be permitted. 10. Trade of water from the Strategic Aboriginal Water Reserve may only be on a

temporary basis in accordance with the relevant policy framework.


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OWAC Discussion The proposed updated trade guidelines were noted. 4.7 Inclusion of climate change in Risk Table

Several submissions highlight the risks to the plan associated with climate change. Refer Schedule 5. DENR proposed response Water planner outlined the consequences and risk management strategies in the plan as summarised in the Table below.

It was noted that the risk rating was within the term of the plan and not from climate change overall. At the time of plan review up to date information on climate change risks would be considered. OWAC response Agreed. 4.8 Seeking strong commitment to monitoring

Water planner advised that many submissions emphasised: 1. The importance of monitoring. 2. Necessity to monitor ecosystems & cultural values responses as well. 3. Measure adaptive management triggers. 4. Choose sites that are important to Traditional Owners, as well as those identified by

scientists. 5. Climate change effects. 6. The necessity for community consultation and public reporting. DENR proposed response Most of the issues raised are agreed and often already described in the plan. A new section in the plan (8.1) is proposed to consolidate the description of the monitoring program and

Climate Change in risk table

Risk

Evaluation Risk management strategy in the plan Risk rating after risk

management

Likelihood Consequence

Risk rating and

description

Characterisation, assumptions and interpretation of conceptual model

Availability of water for consumptive and non-consumptive uses is different to expected due to climate change impacts.

Possible Climate change effects in the region are difficult to predict and subject to ongoing refinement.

Major Climate change could change the volume and timing of rainfall and system use due to temperature and humidity changes. Hence all water balance elements including groundwater recharge, evapotranspiration, groundwater discharges and river flows are potentially impacted. Potential water quality impacts could occur. (For example exposure or drying of acid sulfate soils.) The water quantity and quality requirements for all consumptive and non-consumptive beneficial uses of water could change.

Extreme

The large volume of aquifer storage gives the system some buffering capacity. This makes the plan amenable to management and learning within the 5 year review and 10 year planning cycles

Further work is proposed to improve the understanding of climate change impacts within the life of this plan.

Announced annual allocations allow for annual adjustments if extreme events arising from climate change occur within the plan’s lifetime.

High


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address all points raised is proposed. A comprehensive monitoring plan will be developed in first year of plan. OWAC response Agreed. The Committee noted that monitoring needs to take a broad view of impacts to be measured, for example social and economic benefits as well. The values should underpin the design of the monitoring program.

4.9 Commitment to full implementation of the plan

All submissions emphasised support for the implementation plan and strong views that it should occur in full, be funded and reported. DENR proposed response Agreed. No change is proposed. Note that: 1. Plan implementation is reported annually and at plan review. 2. Implementation overseen by a water advisory committee and the ARG. 3. Implementation reports will be publically available. OWAC response Agreed. 4.10 Other issues as outlined in Table 2 & 3 in the report on Community Engagement

Water planner presented the issues summary table in community engagement report (Table 2 and Table 3). The Committee agreed with the approaches presented subject to inclusion of the comments below. (Note schedules 5 and 6 of the Community Engagement Report will be updated in line with the principles set down in these tables.) • Table 25 Rangers and on ground work - change wording to “Traditional Owners and

rangers should be engaged to participate monitoring and implementing the plan”. • Adaptive Management Framework 8.2 – include an activity to be completed in year

one to develop an implementation plan for the adaptive management framework. The implementation of the adaptive management framework should also be evaluated.

Plan layout • It was recognised that the plan is technical document but agreed that a summary of

the Plan for people who don’t need the technical information was required. A document like the comparison between the Oolloo and Katherine Tindall plans is suggested. It was noted that any summary document must not allow an interpretation that is different to the wording in the plan.

• This Committee would prefer a cover photo of a different consumptive use of ODA water resources on the final plan.

5 REPORT ON COMMUNITY ENGAGEMENT

The Report on Community Engagement has a broader role than just incorporating comments on submissions. It talks about community engagement and consultation


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undertaken during the development of the plan. It is also included in the package of information presented to the Minister alongside the plan. Resolution The Committee endorsed the draft Report on Community Engagement Oolloo Dolostone Aquifer Water Allocation Plan 2019 as an accurate representation of community engagement activities undertaken in developing the Oolloo Dolostone Aquifer Water Allocation Plan 2019 – 2029, subject to outcomes of OWAC meeting 14 being incorporated into the report.

6 AMENDMENTS TO THE PLAN THAT WERE NOT A RESULT OF PUBLIC SUBMISSIONS

Other proposed changes to the Water Allocation Plan Water planner advised that the final water account and allocations to beneficial uses to be used in the plan will be as shown in Table 1 and Table 2 respectively. The only change from the draft plan has been a slight change in the projected use for Rural Stock and Domestic use (5 ML/year). Licensed entitlements have not changed. Text and tables throughout the plan would reflect these figures. It was also proposed to include a new table (Table 21) showing licence security levels in each management zone. This was considered to be of value to people seeking entitlements and was necessary to interpretation of the table on reliabilities. Table 1 Final allocations to beneficial uses (updated)

Beneficial uses

Groundwater management zone

ODA Total

(ML/yr)

Southern

(ML/yr) Central

(ML/yr) Northern

(ML/yr)

Environment (nominal) 20 20 20 60 Unchanged

Rural stock and domestic

use (estimated) 946 402 204 1,552 Plus 5 (from

1,547)

Other beneficial uses:

agriculture, aquaculture,

cultural, industry, mining

activity, petroleum activity

and public water supply

28,834 36,378 30,476 95,688 Minus 5

(from 95,693

Estimated Sustainable Yield

(ESY) 29,800 36,800 30,700 97,300 Unchanged

*Strategic Aboriginal Water

Reserve (Notional subclass

of other beneficial uses) 5,353 10,913 3,048 19,314

Minus 2

(from

19,316)


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* At the time of the plan’s release the available allocation to the Strategic Aboriginal Water Reserve was 9,825 ML/year. The remaining 9,489 ML/year is a notional allocation which will become available as extraction entitlements are returned (new footnote)

Table 2 – Final water account (Updated)

Entitlement type Groundwater management zone

ODA Total (ML/yr)

Southern (ML/yr)

Central (ML/yr)

Northern (ML/yr)

Ground Water Extraction Licence 23,506 29,641 31,466 84,613 Unchanged

Surface Water Extraction Licence 1,250 0 0 1,250 Unchanged

Rural stock and domestic use 946 402 204 1,552 Plus 5

Environment (nominal) 20 20 20 60 Unchanged Total water entitlements* 25,722 30,063 31,690 87,475 Plus 5 Estimated Sustainable Yield 29,800 36,800 30,700 97,300 Un-changed

*Available water within the ESY (30 March 2019) 4,078 6,737 -990 9,825 Minus 5

*Until such time as the Strategic Aboriginal Water Reserve no longer contains a notional component, the available water within the ESY should only be available via the Strategic Aboriginal Water Reserve (new footnote).

Table 22 Security Levels by Management Zone

Oolloo GMZ

Period used to estimate reliability

Security entitlement reliability

High Medium Low

Southern 1967-2015 37% 29% 22%

Central 1967-2015 NA 71% 69%

Northern 1967-2015 94% 82% 53%

OWAC Discussion The Committee noted the update to Table 1 and Table 2.

The Committee agreed to include Table 22. The following comments were made on licence security levels: • Current security levels reflect the order of application. Many of the first licences

were in the Southern zone so they have a high security level but this does not reflect their reliability.


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• It was queried whether returned water retains its security level? Tim Bond advised that there was no policy statement on what happens to the security of water that is returned. The expectation is that it would retain the security level.

• It was commented that if the security level for returned water was increased it would effectively reduce everyone else’s reliability.

• The longest prior warning of upcoming announced allocations is desirable. For example if aquifer storage is high perhaps an announced allocation could be for say 3 years.

• The Committee noted the inconsistency between the security levels of entitlements and their corresponding reliabilities in each management zone and it was discussed that this should be looked at during the term of the plan.

7 NEXT STEPS

7.1 Finalising report on community engagement and water allocation plan

Water planner advised the next steps were to finalise the Report on Community Engagement with feedback from today and then update the Water Allocation Plan accordingly. Following internal approval processes it is intended to present the final plan and community engagement report to Minister in September. 7.2 Implementation arrangements

Implementation Water planner advised that once the plan was gazetted the following activities would commence: 1. Licence applications and renewals can be assessed and SAWR accessed. 2. Licence decisions would be based on new ESY and reviewed against the plan. 3. Trade could occur in line with guidelines. 4. Project management approach to implementing the Actions in Table 24. 5. Adaptive management triggers would apply. 6. The process to design the annual monitoring program would commence. 7.3 Plan oversight

Water planner advised that the plan implementation would involve the following governance elements: 1. Water Advisory Committee (implementation and review). 2. Aboriginal Reference Group (implementation and review). 3. DENR internal project steering group. 4. Technical group The process for creating a new WAC was discussed. Tim Bond advised under the Act, the Minister can appoint a WAC to provide advice on the effective implementation of a WAP and assess the economic and social impacts. Reforming the WAC for implementation provides an opportunity for current members and other stakeholders to nominate to be involved. Appointment is by the Minister following an Expressions of Interest (EOI) process. It was commented that the WAC should be appointed as soon as possible.


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The status of the question as to whether there can be multiple WACs in a single Water Control District was queried. Tim Bond advised that this is being resolved. If not possible options include a change to the Act, changing WCD boundaries or forming sub-committees. DENR is preparing a position paper on arrangements for WACs. Consultation will be undertaken both internally and with Chairs of previous WACs. For the Daly Roper Beetaloo WCD an effective option could be separate WCDs for the Daly and the remainder. This gives an opportunity to look at whole of catchment approaches. The position paper would also develop organisational arrangements for how the WAC, the ARG and technical group work together. 7.4 Plan monitoring and review

Water planner advised that design of monitoring program based on values ascribed in the plan would occur in year 1. Monitoring results would then be reported annually and at plan review in 5 years. The plan describes indicators of achievement for each plan objective and for each activity. This enables an assessment of the degree of achievement of the plan. 7.5 Other business

It was raised that there was a submission that Plan should be reviewed in 3 years which still required discussion. Tim Bond outlined that generally the plan needs to be in operation for about 3 years before there is sufficient information over a long enough timeframe to review. In the fourth year assessment for review starts. Therefore the feeling is that a five yearly review is the most suitable timeframe unless there are exceptional circumstances. It was noted that the 3 year review was just in respect to including improved cultural and environmental flow data. It was discussed that the WAC could have separate reporting programs on particular projects or topics and the WAC can report back to Controller on how implementation is progressing. If an issue arises then a review sooner than 5 years or another response could be considered via the adaptive management framework.

ACTION – Planner to make a note of the submission feedback that a 5 year review is

appropriate but identify the potential mechanisms for ongoing review of cultural flow information and incorporation via the adaptive management program.

8 FEEDBACK FROM THE WATER ADVISORY COMMITTEE

8.1 On implementing the plan

8.2 On how the Committee has operated (Both topics discussed together)

The following comments were made: • The main challenge is retaining water licence representation on Committees. • It is important to maintain some continuity (in respect to frequency of meetings and

progress). This has been the single biggest challenge. • How do we get people that want to participate but do not want to attend WAC and

sub-committee meetings? Maybe sitting around a table doesn’t work for them. There


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has been a lot of comment in the media about who is on advisory committees and what constitutes appropriate representation. How we do that is a real challenge, and is even more difficult in smaller communities.

• Sometimes new members are here for self-interest and don’t return to meetings if they don’t get what they want.

• A technical advisory group suggests this would be scientific but there could also be technical advice in other areas.

• How diverse is the expert panel going to be? Needs diverse expertise (e.g. hydrogeologists, ecologists, scientists, farmers).

• Other ways to include key licence representatives is worth further exploration. • It is important not to dumb down what you bring to the Committees. If it takes time

to understand an issue, there is more engagement if they are involved. • Try to ensure the Committee doesn’t get a changing story over time, as this can create

a degree of confusion. • Everyone contributes something to the Committee, and we need to communicate

back to our organisation/s or community. • Once the plan is in place, somebody has to look after plan, but what is happening in

the whole system (PFAS, chemicals from mining etc). The danger is that no one interacts. It needs to be a Committee like this one where everyone can be involved.

• We want to be able to show the great benefit in having WACs, so the Minister wants to have WACs.

• Process needs to be better understood, to achieve outcomes within in timeframes, and separated from politics.

• It is a missed opportunity that this committee is not transitioning into the implementation phase, without much certainty of what the next thing is.

• Need to establish a new committee quickly to maintain momentum. • Stakeholders and representation – there are other groups not represented. We talked

early on about having public forums which didn’t happen. Need to have more discussion about the role of the implementation committee. Is it about looking at the Department and checking they have done what they were supposed to, and/or better stakeholder involvement?

• The Terms of Reference outline that participation is for public interest. Membership is for individuals. How can you bring your expertise to the table and use your networks to gather information and send information back? Need to be clearer about how this works.

• Both the Minister and Department have roles. It is important that community wants are included. Previously we held meetings in communities with a barbecue and opportunities for visits to sites/locations of interest. We have a role to play in the community and it is important the community sees we have a role.

• Maybe a better way to engage community members and stakeholders during earlier phases of the Plan is via community based events.

• Two clear gaps; one is Aboriginal engagement, with the establishment of an ARG being a solution; the other is poor licence holder representation, with no particular robust solution proposed as yet.

• We may have to broaden ourselves. Getting a good productions base, including fishing and tourism in the Daly and dealing with specific issues that the community is more likely to be interested are needed.


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9 MEETING WRAP UP

9.1 Concluding remarks

Thanks were extended as follows: • From the Planner to the Committee for their contributions and efforts in getting the

Plan completed. • From the Chair to everyone there as well as those not present. Everyone should be

very proud of the work put in, and the fact that the Plan has been completed. • From all to the Executive Officer (Pru) for supporting members, organising meetings

and recording minutes. • From Committee members to the Chair for having done a wonderful job over an

extended period of time.

The Department we will keep members in the loop on the process of the Plan getting to the Minister and declaration. The Committee has worked really well, with good honest open discussions and interaction. Meeting Closed 2.25pm


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Summary of Actions arising from OWAC Meeting 13

Responsibility of Action Status Adrian Tomlinson Planner to review language in the plan, noting that

environmental and cultural are different things but there might be overlap.

New

Adrian Tomlinson Planner to record in the summary of submissions, the request for the ARG to be involved in decisions about water licenses and that this will be resolved in developing the Terms of Reference.

New

Adrian Tomlinson Planner to work on getting some words together, from submissions relating to irrigated, broad acre and dryland to revise the text in 2.3 Values of the ODA.

New

Adrian Tomlinson Planner to make a note of the submission feedback that a 5 year review is appropriate but identify the potential mechanisms for ongoing review of cultural flow information and incorporation via the adaptive management program.

New

Decisions OWAC Meeting 14

Decision Moved/Seconded Status

The Committee agreed that the Minutes of Meeting 13 held in Katherine on 30 April 2019 were a true and correct record.

Unanimous

The Committee endorsed the draft Report on Community Engagement Oolloo Dolostone Aquifer Water Allocation Plan 2019 as an accurate representation of community engagement activities undertaken in developing the Oolloo Dolostone Aquifer Water Allocation Plan 2019 – 2029, subject to outcomes of OWAC meeting 14 being incorporated into the report.

Unanimous

Appendix Appendix 1. Meeting presentation Appendix 2. Background paper – Agenda Items 3, 4 and 5 Appendix 3. Background paper – Agenda Item 6

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www.nt.gov.au

OollooWater Advisory CommitteeCommittee Meeting #14

28 August 2019

www.nt.gov.au

OpeningMinutes and Actions

Appendix 3

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www.nt.gov.au

Plan for the day

www.nt.gov.au

Agenda

Structure and objectives for today

• Overview of submissions

• Summary

• Key issues• Response to submissions

• Table 2 – issues raised in public submissions

• Table 3 – issues raised in Traditional Owner consultation

• Schedule 5 – any comments • Report on community engagement• Next steps• Wrap up and opportunity for feedback.

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Structure and objectives from todayObjectives for the day

1. Review the issues raised in public submissions.

2. Advise on suitable responses to these issues and endorses proposed changes to the draft water allocation plan.

3. Review and endorse the report on community engagement.

4. Feedback on implementing the new water allocation plan.

5. Feedback on the Committee’s operation.

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3. Submissions on the draft plan

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Public Submissions ‐ overviewComments received

• Public consultation for 6 weeks

• Nine written submissions

• Internal comments

• Traditional owner meetings

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FeedbackPublic submissions

1. Accept many key plan parts including ESY and allocations to beneficial uses

2. Recognise the importance of irrigated agriculture

3. Quick resolution of over‐allocation in the Northern zone

4. Aboriginal Reference Group and its role

5. Strategic Aboriginal Water Reserve including trade rules

6. Comments on details of the plan – e.g GDEs, climate change in risk table

7. Commitment to implementation

8. Commitment to monitoring

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FeedbackThemes in Traditional Owner meetings1. Aboriginal Reference Group – strong support, terms of reference

2. Holistic approach – catchment wide, water not separate

3. SAWR – strong support, implementation concerns, trade

4. Aboriginal cultural values – definition, different to environmental values

5. Cultural flows – definition and different to environmental flows

6. Rangers and Traditional Owner involvement

7. Issues by topic – forestry, weeds, exempt uses

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Issues to discuss1. Quickly resolving over‐allocation in the Northern management zone;

2. Aboriginal Reference Group

3. Filling the Strategic Aboriginal Water Reserve ASAP

4. Trade rules

5. Recognising irrigated agriculture in the Douglas Daly and Florina Road area

6. Risk due to climate change

7. Commitment to fully implementing the plan, including appropriate funding and resources;

8. Commitment to monitoring.

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Other Issues OWAC would like to spend time on?

1. ?

2. ?

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4. Response to submissions

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Response – key issuesOver allocations in the northern zoneFour submissions Seek quick resolution for environmental flows and SAWR.

Proposed responseShort‐term: Water currently held back from the Southern and Central zones consumptive pool until the over‐allocation is resolved.

Long‐term: Water returned to pool via:1. Unused water entitlements policy2. Changes to development plans3. Lapsed entitlements4. Annual review of the current water account and at the five‐year plan review

OWAC comment

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Response – key issuesAboriginal Reference Group

Strong support and views that:1. It should be resourced by Government 2. Based on the Daly River catchment3. Led by Traditional Owners4. Define cultural values5. Have power and capacity to advise holistically on water and land management issues

in a way that is consistent with the Aboriginal worldview6. Representatives from the ARG on the Water Advisory CommitteeProposed responseARG recommended Comments to be used in design of terms of reference.

OWAC comment

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Response – key issuesStrategic Aboriginal Water ReserveStrong support

Queries:

1. How to shift the SWR from “notional” to “available” (no trade while notional)?

2. Will SWR be increased if new land becomes available during the term of the plan?

3. Is trade of water into the SWR possible?4. What will be the security level of water assigned to the SWR?5. How will the risk of the policy being overturned again be mitigated? (PTO)

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QUESTION PROPOSED RESPONSE

How to shift the SWR from “notional” to “available”. (No trade while notional)

Refer strategies for return of water

Will SWR be increased if new land becomes available during the term of the plan?

At plan review

Is trade of water into the SWR possible? Eligible SAWR rights holders can access to additional extraction entitlements via trade

What will be the security level of water assigned to the SWR?

Aspiration is the same mix as other entitlements ‐ text in plan

How will the risk of the policy being overturned again be mitigated?

Legislated new beneficial use and other protections in Water Act

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Response – key issuesRecognise the value of region for irrigated horticulture

Two submissions highlight that the Douglas Daly is recognised as a strategic broad acre irrigated and dryland agriculture area

Response – agreed

Propose a new plan value in 2.3 Values of the ODA

“Underpinning established broad‐hectare irrigated agricultural precincts in the Douglas Daly and Florina Road areas.”

OWAC Comment

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Response – key issuesTrade

• Concerned water will bypass the SAWR if unused water can be traded. Propose

• No trade while SAWR is not fully available; or,

• Trade only entitlements made available through efficiency savings or savings due to a change of use.

• Discussion required• Guided by trade policy• Also some changes to trade guidelines for consistency

with other plans

Response

OWAC comments

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Trade guide‐lines(6.4.9)

1. Trade may occur between consumptive beneficial uses. NEW

2. Water allocated to public water supply beneficial use should only be traded on a temporary basis. NEW

3. Permanent trading between GMZs should only be permitted if the receiving GMZ is under allocated.

4. Trade should only be permitted if it does not result in a reduction in the reliability of existing licences.

5. Temporary trading between GMZs may be permitted subject to additional scenario modelling, including meeting the flow requirements in the river and reliability analysis.

6. It is recommended that a temporary trade within the same GMZ does not require additional scenario modelling and reliability analysis if it is for less than three years.

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Trade guide‐lines(6.4.9)

7. A permanent or temporary trade should be at the same security level as long as the trade does not result in a reduction in the reliability of existing licences in the receiving GMZ.

8. It is recommended that trade from surface water to groundwater entitlements downstream of the Wilden Station (G8140536) should be permissible on a temporary or permanent basis within the same GMZ.

9. Trading into a Groundwater Discharge Protection Area should not be permitted.

10.Trade of water from the Strategic Aboriginal Water Reserve may only be on a temporary basis in accordance with the relevant policy framework.

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Response – key issuesClimate Change in Risk Table

Refer Word docRisk “Major” with Mitigation “High”Climate change could change the volume and timing of rainfall and system use due to temperature and humidity changes. Hence all water balance elements including groundwater recharge, evapotranspiration, groundwater discharges and river flows are potentially impacted.

Potential water quality impacts could occur. (For example exposure or drying of acid sulfate soils.)

The water quantity and quality requirements for all consumptive and non‐consumptive beneficial uses of water could change.

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Climate Change in risk table

Risk

Evaluation Risk management strategy in the plan Risk rating after risk

management

Likelihood Consequence

Risk rating and

descriptionCharacterisation, assumptions and interpretation of conceptual model Availability of water for consumptive and non‐consumptive uses is different to expected due to climate change impacts.

Possible Climate change effects in the region are difficult to predict and subject to ongoing refinement.

Major Climate change could change the volume and timing of rainfall and system use due to temperature and humidity changes. Hence all water balance elements including groundwater recharge, evapotranspiration, groundwater discharges and river flows are potentially impacted. Potential water quality impacts could occur. (For example exposure or drying of acid sulfate soils.) The water quantity and quality requirements for all consumptive and non‐consumptive beneficial uses of water could change.

Extreme

The large volume of aquifer storage gives the system some buffering capacity. This makes the plan amenable to management and learning within the 5 year review and 10 year planning cycles

Further work is proposed to improve the understanding of climate change impacts within the life of this plan.

Announced annual allocations allow for annual adjustments if extreme events arising from climate change occur within the plan’s lifetime.

High

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Response – key issuesSeeking strong commitment to monitoring

1. Importance emphasised. 2. ecosystems & cultural values as well3. Measure adaptive management triggers4. Choose sites that are important to Traditional Owners, as well as those

identified by scientists. 5. Climate change effects 6. Must include community consultation & be publically reported

ResponseAgreed. New section in WAP (8.1) will consolidate the description of the monitoring program and address all points raised.

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Response – key issuesCommitment to full implementation of the plan

1. Implementation plan supported. 2. Should occurs in full, be funded and reported

Response1. Agreed. No change 2. Plan implementation is reported annually and at plan review. 3. Implementation overseen by a water advisory committee and the ARG.4. Implementation reports will be publically available.

OWAC comments

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Update on Water account and any other changes

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Beneficial uses

Groundwater management zone

ODA Total(ML/yr)

Southern(ML/yr)

Central(ML/yr)

Northern(ML/yr)

Environment (nominal) 20 20 20 60 unchanged

Rural stock and domestic use (estimated) 946 402 204 1,552Plus 5 (from

1,547)

Other beneficial uses: agriculture, aquaculture, cultural, industry, mining activity, petroleum activity and public water supply

28,834 36,378 30,476 95,688Minus 5

(from 95,753

Estimated Sustainable Yield (ESY) 29,800 36,800 30,700 97,300 unchanged

*Strategic Aboriginal Water Reserve (Notional subclass of other beneficial uses)

5,353 10,913 3,048 19,314Minus 2

(from 19,316)

Table 1. Allocations (ML/yr) to beneficial uses* At the time of the plan’s release the available allocation to the Strategic Aboriginal Water Reserve was 9,830 ML/year. The remaining9,486ML/year is a notional allocation which will become available as extraction entitlements are returned (new footnote)

Table 1 .Final allocations to beneficial uses

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Table 2. Final water account

Entitlement type

Groundwater management zoneODA Total(ML/yr)Southern

(ML/yr)Central(ML/yr)

Northern(ML/yr)

Ground Water Extraction Licence 23,506 29,641 31,466 84,613 Unchanged

Surface Water Extraction Licence 1,250 0 0 1,250 Unchanged

Rural stock and domestic use (estimated) 946 402 204 1,552 Plus 5

Environment (nominal) 20 20 20 60 Unchanged

Total water entitlements* 25,722 30,063 31,690 87,475 Plus 5

Estimated Sustainable Yield (ESY) 29,800 36,800 30,700 97,300 Unchanged

*Available water within the ESY (30 March 2019)

4,078 6,737 ‐990 9,825 Minus 5

*Until such time as the Strategic Aboriginal Water Reserve no longer contains a notional component, the available water within the ESY should only be available via the Strategic Aboriginal Water Reserve. (new footnote)

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Oolloo GMZ

Total entitlements

(ML/year)

% of entitlements by security level

High Medium Low

Southern 24,756.1 72.6% 22.6% 4.8%

Central 29,641 0.0% 53.1% 46.9%

Northern 31,466 26.6% 55.0% 18.4%

Overall 85,863.1 30.7% 45.0% 24.3%

Table 21. Security Levels by Management Zone

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Oolloo GMZ

Period used to estimate reliability

Security entitlement reliability

High Medium Low

Southern 1967‐2015 37% 29% 22%

Central 1967‐2015 71% 71% 69%

Northern 1967‐2015 94% 82% 53%

Table 22. Reliability vs licence security

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Lunch (45min)

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5. Report on Community Engagement

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Report on Community EngagementWork through in word document

Comments on the CEP?

Recommendation:That the Committee endorse the draft Report on Community Engagement Oolloo Dolostone Aquifer Water Allocation Plan 2019 as an accurate representation of community engagement activities undertaken in developing the Oolloo Dolostone Aquifer Water Allocation Plan 2019 – 2029, subject to outcomes of OWAC meeting 14 being incorporated into the report.

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6 Next steps

Next steps and timelines

1. Finalise Report on Community Engagement Oolloo Dolostone Aquifer Water Allocation Plan 2019 with feedback from today

2. Update Water Allocation Plan accordingly

3. Final plan to go through internal processes over the next two weeks

4. Final plan and engagement report to Minister in September

5. Implementation!

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Implementation1. Licence applications and renewals can be assessed – SAWR

used 2. Decisions based on new ESY and reviewed against the plan3. Trade in line with guidelines4. Project management approach

• Actions in Table 245. Apply adaptive management triggers 6. Design monitoring program

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Plan oversight

1. Water Advisory Committee (implementation & review)

2. Aboriginal reference Group (implementation and review)

3. DENR internal project steering group

4. Technical group?

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Plan Monitoring and review

1. Review Plan within 5 years

2. Monitoring of the environment and activities

3. Indicators of achievement

• for each objective

• for each activity

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15 minute break

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7. Feedback from OWAC8. Meeting wrap up

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Feedback

1. Any comments from OWAC looking forward?

2. Any comments from OWAC on its operation?

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Thank you

Oolloo Water Advisory Committee

Meeting #14, 28 August 2019 Agenda Items 3, 4 and 5

Background Paper: Public Consultation on the draft Oolloo Dolostone Aquifer Water Allocation Plan

Paper prepared by the Department of Environment and Natural Resources (DENR) Water Resources Division

Background

The draft Oolloo Dolostone Aquifer Water Allocation Plan 2019‐2029 was released for public consultation on 3 June 2019. The public submission period closed on 15 July 2019.

DENR Water Resources Division has consolidated the feedback in the draft Report on Community Engagement Oolloo Dolostone Aquifer Water Allocation Plan 2019 (Attachment 1).

The report on community engagement:

1. summarises engagement activities undertaken in developing the Oolloo water plan;2. summarises the functions and activities of the water advisory committee,3. summarises comments received on the draft plan in public submissions and in meetings

with traditional owners; and4. recommends responses to submissions (in Schedules 5 & 6) to be used in finalising the

water allocation plan.

Meeting 14 of the Oolloo Water Advisory Committee will focus on reviewing public consultation outcomes summarised in the report. The Committee will be asked to review and provide advice on the proposed responses provided by DENR. For members unable to attend the meeting, comments on the proposed responses are welcomed – please provide to Adrian Tomlinson prior to the meeting.

Agenda item 3 – Public submissions

Adrian Tomlinson will give an overview of the submissions and prominent themes emerging from public submissions and traditional owner meetings. Copies of the submissions will be available at the meeting for members to view.

There appears to be general acceptance of many of the plan elements, however several prominent themes are evident. These include:

Quickly resolving over‐allocation in the Northern management zone; Seeking more details on the Aboriginal Reference Group and the Strategic Aboriginal

Water Reserve (and how to make it available as soon as possible to eligible rightsholders);

Commitment to fully implementing the plan, including appropriate funding and resources; Commitment to monitoring.

Appendix 2

Oolloo Water Advisory Committee Meeting #14, 28 August 2019

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Recommendations

1. That the Committee notes the overview of submissions. 2. Gives feedback on any issues members would to focus on during the meeting.

Agenda Item 4 ‐ Response to submissions

The comments contained in the submissions have been grouped according to the section of the water allocation plan they relate to.

These are presented in Schedule 5 of the Report on Community Engagement (Attachment 1). (This also captures the traditional owners’ comments which were summarised in NLC’s submission.) Schedule 5 also contains DENR’s proposed responses.

In this item the Committee will be asked to consider DENR’s proposed responses in Schedule 5 and for each either endorse the approach or provide advice on a preferred approach. This item is the main business of the day. (We will work through the schedule on the screen during the meeting so this does not require detailed consideration beforehand.)

Schedule 5 will record if consensus was reached by the WAC when providing advice. If there is more than one position then the different positions of the WAC will be recorded.

Proposed Actions:

1. That the Committee reviews and discusses the submissions in Schedule 5 of the draft community engagement report.

2. Considers DENR’s proposed responses and either endorses or provides advice on preferred approaches for each.

Agenda item 5 ‐ Report on Community Engagement

The report on community engagement is an integral part of the package that goes to the Minister for Environment and Natural Resources for gazettal of the Oolloo Dolostone Aquifer Water Allocation Plan 2019‐2029. It is intended to: give a clear summary of the process that has been followed; demonstrate the methods and degree of public engagement; summarise the feedback received; and, describe how this has been responded to in the plan.

Recommendation

1. That the Committee endorse the draft Report on Community Engagement Oolloo Dolostone Aquifer Water Allocation Plan 2019 as an accurate representation of community engagement activities undertaken in developing the Oolloo Dolostone Aquifer Water Allocation Plan 2019 – 2029, subject to outcomes of OWAC meeting 14 being incorporated into the report.

(The Committee may also wish to make a statement in regards to the degree to which it endorses the proposed responses.)

Oolloo Water Advisory Committee

Meeting #14, 28 August 2019 Agenda Item 6

Implementation of Oolloo Dolostone Aquifer Water Allocation Plan

Paper prepared by the Department of Environment and Natural Resources (DENR) Water Resources Division

Background

Implementation arrangements for the Oolloo Dolostone Aquifer Water Allocation Plan 2019‐2029 are set down in Chapter 8 of the plan. A brief summary is provided for the Committee’s information and feedback.

Public oversight, direction and accountability

The main measures are:

a. A water advisory committee (WAC)

b. An aboriginal reference group (ARG)

c. Web‐based annual and end of term reporting

d. Plan review.

The WAC’s role is to advise on implementation of the plan and its review.

An ARG is also proposed. Clear feedback has been that for it to be effective it must operate across the Daly catchment rather than the Oolloo Dolostone Aquifer area and have terms of reference that are compatible with a holistic Aboriginal worldview. The format for the old ARG has been recommended as a good starting point for establishing arrangements for the new ARG. Some representatives from the ARG would also be members of the WAC.

Public submissions emphasised that monitoring results should be publically available. This is intended via web‐based reporting. There will also be the opportunity for stakeholder input into design of the monitoring program in year one.

A review of the plan is required at intervals of no longer than five years under section 22B (3) of the Water Act 1992. This provides the opportunity to respond to monitoring data and new information gathered through plan implementation activities in the water allocation plan.

Plan Implementation

The main implementation elements are:

1. Monitoring – to check on system health, fill information gaps and identifywhether any adaptive management responses have been triggered. Monitoringobjectives are in a new section in Chapter 8 and the detailed monitoring plan willbe developed in year one.

Appendix 3

Oolloo Water Advisory Committee Meeting #14, 28 August 2019

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2. Adaptive management framework – to respond to new information and monitoring gathered along the way. Adaptive management responses are described in Table 23 in the plan. These will be overseen by the WAC and the ARG.

3. Implementation – activities to implement the plan and gather new information are described in Table 24 in the plan. Scoping of these activities, oversight of their implementation, and review of progress will all involve the WAC and the ARG.

4. Reporting ‐ annual web based reporting is proposed to ensure transparency and accountability. Reporting is via an integrated annual report on monitoring and water use (refer Activity 0.7 in Table 24). This includes monitoring of:

a. System health

b. Extractive water use

c. Implementation activities.

5. Performance evaluation system ‐ Table 25 describes performance indicators designed to measure the level of plan achievement. These will be reported annually, at plan review and renewal. It will inform the scheduled review of the plan in year 5.

Recommendation

1. That the Committee notes the information and provides feedback.

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