Government's 'cows in rivers' policy a legal liability
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Friday, September 4, 2009
Media release
Premier John Brumby could face legal action if he fails to act on a report released today detailing how the Victorian Government's 'cows in rivers' policy poses serious risks to human health.
The Environment Defenders Office report outlines how government policy allows farmers to graze their cattle along riverbanks and streams, contributing to poor water quality and damaging human health.
Victorian National Parks Association spokesperson Nick Roberts said state government policy was outdated and authorised cows to use Victorian rivers as toilets.
"Cows in rivers and streams damage native vegetation and have a terrible impact on the state's water quality. They foul the water, which takes a severe toll on the health of downstream users as well," he said
"This report shows that under Victoria's legal framework, there are penalties for polluting water and/or for damaging human health as a result of polluted waterways. Other legislation provides avenues for judicial review, or the recovery of damages, in the case of a breach of duty of care by a public authority."
The release of the report comes just weeks before the government is due to re-issue thousands of cattle grazing licences for publicly owned river and stream frontages. These licences will be in place for another five years.
"As all licences expire by October this year, it would be legally irresponsible for the government to simply re-issue new grazing licences," Mr Roberts said.
"Instead the government should issue new conservation licences that reward responsible farming practices and provide and build upon stewardship payments to farmers who limit or remove stock access to rivers."
The 2008 State of the Environment Report recommended that the government should conduct a state-wide phase out of cattle grazing on public land water frontages from October 2009.
Mr Roberts supported the State of Environment Report's recommendations and said the importance of Crown water frontages had been recognised for a long time.
"Many government policies and reports acknowledge that stock access to riparian land significantly contributes to poor environmental health and impacts on water quality," he said.
"An overhaul will deliver great outcomes for rivers, the environment and farmers, and presents an excellent opportunity for government to deliver a progressive and sensible solution to a well recognised problem."
The new report, Crown frontage grazing licenses, water quality and human health - an analysis of legal obligations and risks, was prepared by the EDO and commissioned by the VNPA.
Further comments: Nick Roberts on 0429 945 429.
More information: Please contact Sacha Myers, 0417 017 844, for a copy of the EDO report or see below for a summary of the VNPA's plan for reform of river licensing arrangements.
Background information
Riparian land is land that abuts waterways such as creeks, rivers and wetlands. It is critically important for river health (for example by improving water quality) and for biodiversity. Governments recognise the importance of riparian land.
The 2008 Victorian State of the Environment report highlighted problems associated with current management arrangements of public riparian land, known as crown water frontages (CWF), while the Green paper on land and biodiversity at a time of climate change recognises the importance of riparian land.
The new report, Crown frontage grazing licences, water quality and human health - an analysis of legal obligations and risks prepared by Environment Defenders Office (Victoria) Ltd was commissioned by the Victorian National Parks Association (VNPA).
In summary:
- There is a robust, if sometimes complex, legal framework for the protection of riparian land, waterways and human health in Victoria. Some legislation creates penalties for polluting water and/or for damaging human health as a result of polluted waterways. Other legislation provides avenues for judicial review, or the recovery of damages, in the case of a breach of duty of care by a public authority.
- There is now a significant body of evidence in Victoria, in scientific literature, expert panel recommendations and government policies and reports that link uncontrolled stock access in riparian zones to very poor water quality in the local waterways and potentially downstream. This has potential human health impacts.
- This evidence is or ought to be well known to the Victorian Government and those involved and responsible for riparian land management. Further, it has recognised the importance of good management of Crown water frontages, and riparian land in general, in a way that minimises negative impacts on water quality and river health. In spite of this knowledge and recognition, it has failed to act, or at best has only responded in a limited way.
- Allowing waterways to be polluted by cattle which result in damage to human health creates a legal liability risk. The five-year license renewal process is due to commence in October 2009. Reissuing cattle grazing licences for Crown water frontages in a "business as usual" manner may increase this risk.
- Apart from the public health implications and the liability risk, there are strong scientific, environmental, policy and legal arguments in favour of amending the current licensing process to address this risk. The Victorian government has a unique opportunity to act strategically to introduce a new system of management of riparian land which would improve the environment and correspondingly provide them with greater legal protection.
2008 State of the Environment report recommendations
IW3.2 The Victorian Government should consider progressively extending VEAC recommendations on phasing out uncontrolled grazing of domestic stock on Crown land water frontages to the rest of Victoria, beginning with the 2009 licence renewal process.
IW3.3 The Victorian Government should update and streamline governance arrangements to facilitate protection and restoration of Crown Land water frontages.
IW3.4 The Victorian Government and catchment management authorities should consider regional-scale connectivity of riparian vegetation in the prioritisation of rehabilitation projects, as part of forming an integrated habitat network across the State.
Summary of VNPA's plan for reform
The VNPA proposes a five-pronged approach, which engages landholders in varying degrees of active conservation management.
1) Additions to the National Reserve System:
That land identified as suitable for addition to the reserve estate should be re-classified as protected areas e.g. Nature Conservation Reserve, or State park and reserved accordingly to help Victoria meet national commitments for reservation.
2) Conservation Licences
For areas identified as not suitable to be added to the reserve system and which are in moderate to good condition, licence holders should be offered the option of a conservation license on that Crown Water Frontage.
3) Voluntary Program for licence holders
Voluntary uptake in first three years where government offers a 'special offer' for boundary fencing or off river watering in return for improved management and environmental outcomes.
4) Waterway Guardian/Stewardship Program
A program should be established for landholders with significant conservation assets adjacent to crown river frontages and incentives provided for complimentary conservation management.
