"Instead they continue to fall back on the same old tired excuses they have
been churning out for the past three years.
"Hunter Water persists in its reliance on unrealistic drought risks. The
response has again failed to account for the use of water restrictions and
demand management to cope with any future short term pressure on supplies.
"The utility is trying to create panic over water shortages to justify
building their favourite project.
"A series of 'commitments' such as a possible national park and water
releases are nothing new. Hunter Water has packaged up its legal and
administrative obligations as concessions.
"The promise of 2.5 billion litres of water released into the Williams River
does not disguise the harsh reality that Tillegra would take flows of 60
billion litres a year from the Williams and Hunter River and the estuary.
"The re-engineering of Seaham Weir was always necessary and will do little
to keep the estuary and lower Hunter River alive.
"The community will not be panicked into accepting this dam and the Keneally
government should join them in rejecting the excuses and concessions.
"Hunter Water has broken faith with its obligation to serve its community.
It has reverted to being an old-fashioned engineering-dominated bureaucracy
with a 'build at any cost' mentality.
"The response to submissions is misleading and dismissive. The Keneally
government should reject the dam," Dr Kaye said.
For more information: John Kaye 0407 195 455
]]>Five months later the official submissions of four NSW government agencies to the environmental assessment for Tillegra dam warned of massive damage to the same Hunter wetlands and estuary if the $477 million project proceeded.
Minister Garrett has the has the final say on Tillegra. He declared the project a controlled action under federal environment legislation, specifically because of its potential impacts on the Hunter Wetlands.
Having recognised the importance of the wetlands and funded their repair, the federal minister would be flying in the face of the official evidence presented to him by key NSW government agencies if he fails to stop the dam.
‘Caring for our country’ grant
The Federal Government identified the Hunter Wetlands as one of 13 coastal hotspots throughout Australia worth preserving.
Coastal Hotspots are described as, “a coastal aquatic ecosystem:
In June 2009, the Hunter-Central Rivers Catchment Management Authority (CMA) was awarded $1.47 million as part of the Australian government’s $455 million Caring for our Country 2010/11 project grants[1].
The work is described on the Rudd government’s Natural Resource management page as[2]:
“The Hunter Coastal Hotspot and Ramsar[3] Improvement Project
The Hunter Estuary is a valuable estuary for fish birds, wetlands and other ecological services. It faces many challenges including being highly modified, industrialised and populated. This project has been tailored to improve the estuary through activities specifically addressing the Caring for our Country business plan. This project includes 8 integrated components: Improving Ramsar and other wetlands through rehabilitation. Improving riparian habitat through repair. Reducing acid sulfate soil impacts through drain modification and grazing management. Improving soil carbon management through education and sustainable grazing. Improving the management of Alligator weed through strategic management. Improving the condition and extent of EPBC-listed communities and species.
Local Federal Labor MP Sharon Grierson also announced the grant in a July 2009 media release[4].
The Hunter-Central Rivers Catchment Management Authority (CMA) is the local Natural Resource Management (NRM) organisation responsible for coordinating the Federal grant.
Tillegra dam is a “significant threat” to the Hunter Estuary: NSW govt agencies
Four government agencies officially raised major concerns about the impacts of Tillegra on the Hunter Estuary and Wetlands. Submissions to the Environmental Assessment Report from:
Criticisms from these departments included:
The NSW Department of Industry and Investment’s submission suggested that Tillegra dam would pose:
The November 2009 submission also raised the spectre of compensation for financial losses that would be suffered by fishers and prawners.
The CMA which is administering Minister Garrett’s grant said in their submission that:
“The dam will take all of the high level flows from the Williams River which is a key driver of carbon cycling for the estuary. The CMA disagrees with the assessment that this impact will not be significant. This impact effects productivity within the estuary. HWC should aim to support offsetting the impact of the dam by repairing the connectivity of flood plain wetlands to the estuary such as Irrawang Swamp.
“The estuary processes such as nutrient carbon cycling which determine the condition and therefore Ramsar values of the site are dependent on flood flows. The CMA therefore believes that the impacts may be underestimated by the use of average flows.
“The CMA suggests that the impact on the estuary has been underestimated and that no offsetting or mitigation has been considered. The CMA recommends that additional assessment of the estuary impacts be undertaken and peer reviewed and a offsetting package to include the rehabilitation of Irrawang Swamp be included.”
The NOW said in their submission that:
“Whilst NOW concur with the assessment findings for the specific sites investigated, there are concerns that the EA is unintentionally misleading with inferences that the assessment findings for the specific sites can be extrapolated to other parts of the estuary. The Ramsar Wetland assessment also significantly understates the inflow contribution the Williams River provides to the Hunter estuary.”
“The independent assessment infers that the Williams River is a minor contributor of river inflows to the Hunter Estuary. This inference is not only incorrect, but under certain climactic conditions the Williams River may be the primary contributor of river inflows to the Hunter Estuary. The existing cumulative impacts of Chichester, Seaham Weir and Grahamstown Extractions will be increased by the construction of Tillegra Dam…… This amounts to a cumulative annual reduction in flows of 36% from the Williams River System.”
“The environmental assessment for the project includes estuary wide statements. These statements are not supported by the analysis presented in the Appendix of the report (BMT WBM Technical Report) or by other studies that have been undertaken in the Hunter Estuary.”
“ The Department is not confident that the supporting information provided for the Project is adequate to frame environment flow provisions for Seaham Weir or Tillegra Dam. Future investigations in the context of the relative contributions of the Hunter River and the Williams River to the estuary are required to ensure there is not redistribution of water away from essential service industries in the Upper Hunter and that the Ramsar wetlands are protected.”
Comments:
Greens NSW MP Dr John Kaye
Dr Kaye said, “Federal Environment Minister Peter Garrett has already recognised that these wetlands are both important and at risk. He has been officially told by four key NSW government agencies that Tillegra would undermine their recovery.
“If he fails to reject the dam, he will have to admits that he wasted $1.47 million of taxpayers money.
“Federal Environment Minister Peter Garrett has little choice but to reject Tillegra dam.
“Having spent $1.47 million on repairing and protecting the Hunter wetlands in recognition of their importance and vulnerability, he can hardly turn around and ignore the advice that Tillegra would devastate them.
“The anger of the Catchment Management Authority is understandable. One level of government funds them to repair the wetlands, while another is pushing a project that will destroy them.
For more information: John Kaye 0407 195 455
Brad Warren, Executive Chair, Ocean Watch Australia
Mr Warren said: “OceanWatch Australia has grave concerns regarding the impacts on the aquatic and estuarine environments of the Hunter and Williams River systems that the development of the Tillegra Dam would create.’
“It seems contradictory to good management to have the Australian Government targeting funding for projects within the Hunter Estuary, an area they have identified as having high ecological, social, cultural and/ or recreational values, while the NSW Government is considering increasing the stress on the natural system by damming the Williams River.’
“Development of the Tillegra Dam project would be at odds with the local community’s desire to see a healthy and productive natural system, as well as attempts by all levels of government over a number of years to facilitate those desires and expectations into reality. It would have a major impact on the ecosystem services provided by the Hunter River Estuary and the adjacent marine environment,” Mr Warren said.
(Full letters to Premier Keneally and Peter Garrrett, Minister for the Environment, Heritage and the Arts are available under separate cover)
For more information: Brad Warren 0412 606 959
Note: OceanWatch Australia Ltd is a national, not for profit company that works to achieve sustainability in the Australian seafood industry by protecting and enhancing fish habitats, improving water quality and advancing the sustainability of fisheries.
_____________________________________
[1] Caring for
our country is a Rudd government
initiative aimed at improving the sustainable management of Australia’s natural
resources, recognising the threats to the environment from climate change and
human activity. It is jointly administered by Environment and Primary Industry.
More details are available at:
www.nrm.gov.au/business-plan/10-11/pubs/business-plan-2010-11.pdf
[2] http://www.nrm.gov.au/business-plan/funded/09/competitive/success-nsw.html
[3] The Ramsar Convention, is an intergovernmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. The convention dates from 1971 and Australia is a signatory nation. http://www.ramsar.org/
[4]
http://www.sharongrierson.com/SharonGrierson/Resources/090702%20HCRCMA_Funding.pdf
The November 2009 submission also raised the spectre of compensation for financial losses that would be suffered by fishers and prawners.
The stinging indictment of the dam’s impacts on the Hunter Wetlands will put even more pressure on Federal Environment Minister Peter Garrett to reject the dam.
In early September 2009 Hunter Water released a nine volume Environmental Assessment Report (EAR) as a critical step in the Part 3A planning process for the Tillegra Dam proposal. During the subsequent two month consultation period, relevant government agencies made submissions to the Department of Planning.
The consultation period closed on 13 November and the Department of Planning is currently assessing submissions and preparing a report that will be sent to both NSW Planning Minister Tony Kelly and to the Federal Environment Minister Peter Garrett.
Earlier media stories revealed that official submissions from two government agencies[1] criticised the EAR, including unsupportable planning assumptions and unacceptable environmental impacts.
While Hunter Water and the Keneally government have attempted to dismiss these as minority voices within the agencies, it is increasingly clear that the dam faces widespread opposition from senior public service experts.
While submissions to environmental assessments in NSW are not made public until after the application has been determined, a Greens call for papers motion passed by the NSW Upper House late last year forced the Keneally government to provide the official submission of the Division of Primary Industries, Fishers Conservation and Aquaculture within the Department of Investment and Industry (II-NSW).
The document, signed by Division Director Bill Talbot, shows that yet another government agency weighed in officially with stinging criticism of Tillegra.
This submission warned that the dam would have potentially catastrophic effects on the fish and prawn industries that depend on the Hunter River estuary as a breeding ground and nursery.
It also raised issues relating to the impacts on recreational fishing, fresh water fish species, clear breaches of several NSW government policies and acts including the Fisheries Management Act and misuse of climate change data by Hunter Water resulting in an underestimation of impacts on the Hunter estuaries.
The response also raised major concerns about: the lack of clarity in relation to filling time of the dam and the potential effect on the river due to drought effects and the long term future of the William River.
The submission raised specific concerns about the impacts of withholding freshwater that currently flows into the estuary from the Williams River but would be impounded and diverted by Tillegra.
II-NSW contradicts (p. 3) the EAR’s assertion that “the Williams River accounts for less than 3% of the total volume of water below the confluence of the Williams and Hunter Rivers,” pointing out that in fact the Williams provides “more than a quater of the freshwater inflows to the estuary on average.”
The submission identified the impacts of reducing freshwater flows (p4) including increased salinity, the intrusion of predators and parasites, decreased inputs of nutrients used by estuary species, increased frequency of benthic anaerobic conditions[2] and the loss of species and economically important seafood harvests.
The submission was unequivocal on the impacts of this loss of freshwater flows to the estuary, sited at 35% over the long-term (p. 4):
“The Department is not convinced by the EA's findings that a reduction of the freshwater inflows to the estuaries by up to 35% over the long term could not have a significant long term effect on estuarine processes and productivity, with flow on impacts to the commercial fishing industry that relies on the estuary as a breeding and nursery area for its product.”
“Specific studies on the Hunter River prawn populations showed significant links between the prawn catch and the influence of rainfall events and freshwater inflows to the estuary (Ruello,1973). This is of particular concern as the larger flows that the prawns rely on are the same flows that the dam is designed to trap, particularly with the proposal to maximise air space within the dam and reduce significant spills.
The submission also raised the spectre of financial compensation for prawners and fishers for the loss of their livelihood because of the damage done to breeding and nursery grounds by the dam (p. 4).
“If approved, the Department would therefore request a condition of consent that would require Hunter Water to monitor and model prawn catches and commercial fish catches in the Hunter River and offshore fisheries reliant on Hunter prawn and fish species, to determine the level of impact on the commercial fishing sector from the project. This would also be seen as equitable treatment compared with the compensation of farmers for losses as noted in the Draft Soc (s.4.10).”
II-NSW raised concerns about the length of time it would take to fill the dam and the effect this would have on the estuary and the possibility of significant fish kills (p. 5):
“The Department also has significant concerns in relation to the quality of water (s.10.5) that will be discharged during the filling stage. There will be significant die off of vegetation and associated release of methane, carbon dioxide and nutrients into the water. The Department is concerned that any water released during this period may have excessive nutrients potentially causing algal blooms, changes in pH and increased Biological Oxygen Demand which can cause significant reductions in dissolved oxygen. If approved, the Department requests that any conditions of consent ensure that monitoring of water quality is undertaken during the filling phase in order to avoid the potential occurrence of poor water quality resulting in fish kills.”
II-NSW also raised concerns that the situation could become worse in the longer tem (p. 5):
“As the demand for freshwater
for the Central Coast and Upper Hunter increases, the potential to extract more
water and not introduce more stringent water use rules put the future of
the river, its habitats, downstream fishing industry and other users at risk.”
Greens NSW MP John Kaye
Dr Kaye said: “The future of an industry that supports hundreds of working families and provides the state with an important food source is being put at risk for a dam that is unnecessary.
“Hunter Water have copped a bucketing from yet another government agency. The Industry and Investment department has officially criticised the utility for inadequate climate change data and grossly under-estimating the impacts of Tillegra on the fish and prawn populations.
“Hunter Water and the state government cannot slide out from this one with claims that it is a minority internal opinion. This is the official advice submitted to the Department of Planning.
“Nor can they claim that this is not unusual. There is nothing normal about a government department accusing another agency of misleading the public and putting at risk the future of an entire fishery.
“Federal Environment Minister Peter Garrett is going to have a hard time ignoring this report.
“He can’t just cast aside the criticisms of the data or the impacts on fish and prawn populations.
“The submission presents a litany of Hunter Water’s failure to properly assess the impacts on then environment and the fish and prawn industries.
“The government’s own fisheries department is warning that approving the dam would at best be playing Russian roulette with the future of the environment and the industry. On their evidence, it is almost certain that Tillegra would cause a massive decline in the viability of the fisheries and untold damage to the Hunter estuary.
“It is now clear that there is a widespread revolt against the dam in the public service.
“The government’s own experts are not prepared to sit on their hands and allow the dam to be built at the expense of rate payers, the environment and the local prawn and fishing industries,” Dr Kaye said.
For more information: John Kaye 0407 195 455
Geoff Hyde, Commercial Fisherman, 50 years experience in the Hunter Region
Geoff Hyde said: “Freshwater floods, known as freshes, are vital to the health of the lower Hunter River, and the valuable input from the Williams Rivers. Together with the Paterson River, the Williams contributes 35% of input into the Hunter River system. This is a substantial amount, and it’s not adequately addressed in Hunter Water’s EAR.
“Freshwater floods are one of the most important factors of a healthy, productive river and greatly impact the prawn catches. This season has been poor in both king prawns and school prawns due to the dry conditions and lack of freshes. The proposed dam will stop all freshes from flowing down stream into the estuary and will have a devastating impact on not only the local prawning industry, but regional fisheries. King prawns tagged in the Lower Hunter estuary have been found to travel as far north as Moreton Bay.
“A dam the size of the proposed Tillegra Dam will devastate the lower reaches of the Williams River, affect the lower Hunter River extending to the estuary with flow on effects to the local fishing economy.
“Riverine flooding is a natural process and is vital in maintaining healthy waterways and fish and prawn stocks. The construction of another dam on the Williams River will result in a dramatic impact on river health with severe ecological consequences,” Geoff Hyde said.
For more information: Geoff Hyde on 4920 1211, 0421 948 252
Brad Warren – Executive Chair, Chair of Ocean Watch
Brad Warren said: “The majority of seafood species people are familiar with on their dinner plate spend a significant part of their life cycle in our river and estuarine systems. The proposed Tillegra Dam, by changing the natural flow of the Williams River, will have undoubted impacts on the production of prawns, oysters and fish so highly regarded by our local community.
“The proposed Tillegra Dam, by changing the natural flow of the Williams River, will have downstream implications for the production of seafood and the business and recreational activities that flow from the communities access to those resources.
“A healthy natural environment underpins the production of seafood. Interference with the natural flows of the Williams River by the proposed Tillegra Dam will have downstream impacts in the Hunter River estuary, which will result in the reduced ability of our natural systems to produce the seafood that is such an important part of a healthy diet,” Brad Warren said.
Note: Ocean Watch Australia Ltd[3] is a national environmental, not-for-profit company that works to achieve sustainability in the Australian seafood industry by protecting and enhancing fish habitats, improving water quality and advancing the sustainability of fisheries. OceanWatch Australia receives a portion of its core funding from the NSW seafood industry.
Fore more information: Brad Warren on Mob. 0412 606959
]]>In July 2008, then Water Minister Nathan Rees used his power under section 16 A of the IPART Act, to prohibit the Independent Pricing and Regulator Tribunal (IPART) from considering whether alternative options other than Tillegra would result in lower household costs.
In effect, IPART was being forced to pass the costs of Tillegra through to consumers, regardless of the need for the dam or the existence of other lower-cost water supply options.
A technical flaw in Minister Rees’ original directive caused his successor, Phil Costa, to seek urgent advice from his department[1] about redrafting the order.
Senior water policy experts used the request for advice to express their outrage at Hunter Water’s abuse of the evidence to justify the dam.
They also advised the Minister to ‘defer reissuing the directive’ and instead to meet with the regulator to discuss a draft report from consultant Sinclair Knight Mertz that subsequently proved to be highly negative.
Documents obtained by a Greens motion in the NSW Upper House have uncovered an email trail in early November 2008. You can view the documents here.
On 4 November 2008, the Senior Manager, Metro Water Policy, Metropolitan Water, Katy Brady, wrote to her Assistant Director Ben Taylor suggesting that their department put a secret submission forward highlighting the problems associated with Tillegra Dam.
Ms Brady expressed her hope that a more rigorous analysis of Hunter Water Corporation’s (HWC) modelling for Tillegra Dam would lead to a government decision to depart from the ‘direction’ to build it.
In addition, Ms Brady had serious concerns about the public’s ability to pay for Tillegra Dam with the rising costs in living.
By 13 November, Ms Brady and Mr Taylor had signed a response to the Minister’s request for advice. There is evidence that this document or an earlier draft was in the possession of Louise Whiting in Minister Costa’s office who appears to have forwarded it to others asking then to “check this and send up the line urgently”.
The document signed by both Ms Brady and the Assistant Director used the opportunity to raise three major criticisms of HWC’s case for Tillegra:
The Department took the extraordinary step of including a detailed analysis of their ‘serious concerns’ (Tab D) and suggesting that the Minister should not reissue the directive because that would imply endorsement of the assumptions on which HWC relied to mount their case for Tillegra.
Ms Brady and Mr Taylor were taking the extraordinary step of telling the Minister that he should no longer trust Hunter Water and should not be seen to be endorsing their planning.
The effect of their advice would have been to stop the regulator considering the dam and hence Tillegra would have been on hold while the Minister consulted.
It appears that the Minister subsequently ignored the advice.
The NSW government has already been embarrassed by scathing official criticism from four of its own agencies regarding the Tillegra Dam proposal in their November 2009 responses to the EAR.
These include the NSW Office of Water (NOW); the Hunter-Central Rivers Catchment Management Authority (CMA); the Department of Environment, Climate Change and Water (DECCW); and NSW Department of Industry and Investment’s (II-NSW). Some criticisms include:
Greens NSW MP John Kaye said: “As early as November 2008 the NSW government’s own water experts were telling them that Hunter Water’s case for Tillegra was seriously flawed. The Minister was advised to use a technical defect in the direction to effectively put the project on hold.
“For the next 15 months the Rees and Keneally governments dithered over the future of the dam that their own water experts told them was not needed, expensive and damaging.
“The Keneally government is fast running out of time to stop this dam. For 15 months they have sat on official advice signed by the assistant Director of the Department of Water to put it on hold. It is now urgent they act on it.
“In November 2008, Water Minister Costa was warned by his own department not to parrot the case coming from Hunter Water. He was told of serious flaws and given advice to not endorse the planning assumptions.
“Despite this warning he has continued to support the dam with arguments that he was told would not withstand scrutiny.
“The case for Tillegra has been exposed yet again as flawed and deceptive. The Keneally government cannot continue to rely on Hunter Water when its own Assistant Director of Water has told them that they should not endorse the planning assumptions.
“Then-Premier Nathan Rees came close to doing the right thing during the 2008 mini-budget process but lacked the political clout within his own government to pull it off.
“It is now clear why the NSW government was not surprised by the stinging criticism of the dam in their own departments’ November 2009 responses to the Environmental Assessment. Twelve months earlier, two of their most senior bureaucrats had officially advised the Minister to put Tillegra on hold,” Dr Kaye said.
For more information: John Kaye 0407 195 455
Sally Corbett, No Tillegra Dam Group said: “Hunter Water has failed in its job to consider the needs and wants of the Hunter community. The Keneally government must now rein in the water authority, tell it to check its figures and check in with the community on the level of service it wants and wants to pay for.
“Tillegra Dam was foisted on the Hunter community without proper consultation. Rees saw the writing on the wall before his demise. It is now time for Premier Keneally to take notice of the Hunter community and can the dam.
“Now is the time for Jodi McKay, member for Newcastle and Minister for the Hunter, to show she truly represents the Hunter community. She must go straight to Macquarie St and tell Premier Keneally to immediately stop the Tillegra Dam Environmental Assessment process, and put an independent inquiry in its place.
“If the Hunter community does wish to increase its drought security beyond the current level, then this should be the subject of genuine community engagement and there should be a transparent analysis of all available options and their relative costs and benefits,” Ms Corbett said.
For more information: Sally Corbett on 0403 892 093
[1] then called Department of Water and Energy, now the NSW Office of Water (NOW) within the Department of Environment, Climate Change and Water (DECCW)
Greens NSW MP John Kaye said: "Tillegra is not only unnecessary, damaging and expensive. It is also deeply unpopular.
"The Keneally government has been given a loud and unambiguous message: drop the dam.
"The government's own senior water experts told them the dam is unnecessary. The environment movement and the local community established how damaging and expensive the project would be.
"Now the community is saying they don't want a 0.5 billion litre, $477 million storage on the Williams River.
"Hunter Water and the state government are on their own.
"If the new Premier wants to rebuild trust with the Hunter community, she should bring the water utility under control and dump the dam proposal.
"Resident opinion exactly matches the expert advice. The dam is unnecessary, the money better spent elsewhere and the Williams River will be devastated.
"The Keneally government will face a tough time in at least three Hunter electorates and a deeply unpopular project like Tillegra will make life even more difficult for a struggling Labor party," Dr Kaye said.
A copy of the survey results is available on request.
For more information: John Kaye 0407 195 455