The Western Australian Water Users Coalition (WAWUC) is taking a proactive approach to informing landholders, consultants and real estate agents about new water legislation that is scheduled to be introduced into the WA Parliament later this year.
This will replace the Rights in Water and Irrigation Act (1914).
WAWUC chairman Bevan Eatts said his organisation had concerns about potential changes to spring exemptions under the new legislation.
He said guidelines about these changes were released by the government in June this year, but there had been no industry consultation in formulating the exemptions policy or explaining it.
According to the State government's guidelines, under the act, if you take water on your private land from a spring that meets the requirements of section 5(1)(a) and you have a licence for that, you are exempt from regulation under Part III - referred to in the guidelines as a 'spring exemption'.
A spring exemption under the act does not exempt you from obtaining any other authorisation or approval under Australian, State or local government legislation or regulation, including, but not limited to:
- State Aboriginal cultural heritage legislation;
- Clearing of native vegetation and/or assessment under the Environmental Protection Act 1986 (WA);
- The take or disturbance of threatened or priority flora, fauna or ecological communities under the Biodiversity Conservation Act 2016 (WA);
- Impacts on matters of national significance under the Environmental Protection and Biodiversity Conservation Act 1999.
Mr Eatts said under the legislation changes, landholders will need to obtain all the required authorisations or approvals before they begin any activity associated with a spring or the land where it rises.
He said this could include inserting Aboriginal rights to water under the water legislation.
"We are trying to get more detail about this," Mr Eatts said.
"We need to know how this will work with current water licences.
"WAWUC is trying to be proactive and engage with the government and government agencies and raise our concerns before the legislation is tabled in parliament."
Mr Eatts said he was fearful the State government would ram the water legislation through parliament with minimal stakeholder consultation, similarly to the way it handled changes to the Aboriginal Cultural and Heritage Act reform.
"It seems to us that they want to race this through Parliament and we won't know what's in it until it is tabled," he said.
The WAWUC has planned an information day to be held in Manjimup next Monday, September 18.
Mr Eatts said all MLC members of Parliament were invited, as well as the relevant ministers from the Legislative Assembly.
"Our plan was to inform them about farmers concerns and issues before the legislation is tabled in Parliament," he said.
"But they all have conflicting appointments, which is disappointing, as we ensured there was more than six weeks' notice - and it isn't a parliamentary sitting day."
Opposition water spokesman David Honey and agriculture spokesman Colin de Grussa were confirmed speakers at the event.
They will be joined by lawyers from Bailiwick Legal and Cornerstone Legal, Pastoralists and Graziers Association of WA vice-president Digby Stretch and a WAWUC spokesman.
- More information: Phone Steve Walsh on 0409 016 040, or email wawateruserscoalition@outlook.com
