Water Affecting Activities (WAA), are those activities that can have an impact on the health and condition of water resources. This can result in potential impacts upon water dependent ecosystems, water quality and other water users.
Water Affecting Activities Information Sheet
The Natural Resources Management Act 2004 (NRM Act) outlines legislative requirements to control WAA. Often this may mean a permit needs to be obtained from the relevant authority.
Currently, the relevant authority for issuing permits is the Minister who is responsible for the administration of the NRM Act, (represented by the Department of Water, Land and Biodiversity Conservation or 'DWLBC').
Prior to issuing a permit, DWLBC will assess the permit application against the principles and objectives outlined in the Eyre Peninsula Natural Resources Management Plan. The Eyre Peninsula Natural Resources Management Board assists in the management of Water Affecting Activities (WAA) by undertaking assessments, reporting on permitted activities and compliance matters.
There are a number of WAA that you must be aware of that may require a permit.
These include:
- Dams, walls or other structures that will collect or divert water (i.e. farm dams, pump stations).
- Buildings or structures in a watercourse, lake or floodplain (i.e. weirs, jetties, boatmoorings, bridges).
- Draining or discharging water to a watercourse or lake (i.e. urban stormwater, industrial discharge).
- Depositing objects or solid material in a watercourse or lake (i.e. rock, sediment or rubbish).
- Obstructing a watercourse or lake (i.e. causeway).
- Depositing objects or solid material onto a floodplain to control flooding (i.e. levee construction).
- Destroying vegetation in a watercourse, lake or on a floodplain (i.e. reed removal).
- Excavation of rock, sand or soil from a watercourse, lake, floodplain or near the banks of a watercourse (i.e. quarry).
- The use of water imported to an area for commercial activities (i.e. importation of water for irrigation).
- Use of effluent for commercial activities (i.e. water reuse for irrigation).
Permit Details
It can be assumed that at some stage in the everyday management of your property that Water Affecting Activities will affect you. It may be necessary for you to apply for a permit.
Application for permits can be found at www.dwlbc.sa.gov.au (follow the links to the "Licensing, Permit" section) or you can contact us at the Eyre Peninsula NRM Board office in Port Lincoln.
If you are unsure whether you are undertaking a WAA or need advice on applying for a permit, please contact the Water Resources Assessment Officer at the Eyre Peninsula Natural Resource Management Board.
Permit applications should be lodged, with the prescribed fee, to DWLBC.
A permit may not be required when the activity has been authorised under other legislation, for example the Environment Protection Act 1993, the Native Vegetation Act 1991, the Development Act 1993, or the Pastoral Land Management and Conservation Act 1989.
When applying for a permit, applicants must provide the relevant authority (DWLBC) with sufficient information for the application to be reasonably considered. If sufficient information is not supplied, the applicant will be notified in writing and will have 15 days to provide this information. The Eyre Peninsula NRM Board can assist you in completing an application or in acquiring any additional information.
The relevant authority (DWLBC) should make the decision within 40 days of the registered date of receipt of the application. Every endeavour will be made by DWLBC and the Eyre Peninsula NRM Board to ensure applications are processed as fast as possible.
The relevant authority will notify the applicant of its decision in writing. This will take the form of a permit, or a refusal to undertake the WAA.
Water Resources Assessment Officer
The Water Resources Assessment Officer (WRAO) is responsible for assisting persons in the managment of water resources and the effective administration and implementation of water resources legislation and policies for WAA on Eyre Peninsula. This includes investigations into breaches of the Natural Resources Management Act 2004, providing site inspections, assessment of applications, and making recommendations for WAA permits.
An important role of the WRAO is to inform people of their responsibilities for water resource management. It is necessary to ensure that a preventative approach is taken at all times and that you are aware of what activities require a WAA permit, prior to that activity being undertaken.
The WRAO will make every attempt to work with you and provide assistance with regard to any water resources issues that you may have.
Penalties
Ensure you are not in breach of the Act!
It is essential that you contact the Board if you are unsure about what activity will require a permit under the
Natural Resources Management Act 2004.
Where the relevant authority (DWLBC) views that a breach or anticipated breach of the Act has occurred, you will be encouraged to undertake voluntary compliance and improvement, where the breach is of:
- The General Statutory Duty,
- The duty with respect to damage to a watercourse or lake,
- The breach does not involve the unlawful taking of water; or
- Remedial action is likely to be achieved through voluntary measures; or
- The impact is not continuing and there is no need for remedial action.
Further action will be taken by the relevant authority (DWLBC) where the breach is:
- A repeat occurrence and an informal administrative response has previously been used; and/or
- The nature and extent of the remediation required will need more than a minor level of ongoing supervision and review; and/or
- The seriousness of the impact of the breach is such that a level of deterrence (individual and/or general) is necessary; and/or
- The conduct of the person in breach indicates a low level of commitment to remedial action and reduced likelihood of achieving voluntary compliance.
Note: Fines may apply for breaches of the Act
For more details about informal action and any further action that may be taken under the Natural Resources Management Act 2004, including applicable notices and penalties, please contact the Department of Water Land and Biodiversity Conservation on (08) 8463 6810 .
Water Affecting Activities Information Sheet