Long Oral Presentation 11th Australian Stream Management Conference 2024

Keeping Rivers in their Tracts - A Review of the Regulatory Landscape   (#63)

Claire Fitzpatrick 1
  1. Water Technology, Fremantle, WA, Australia

Planning regulations can enable waterway managers to set conditions on development that can protect waterways from various impacts. Often the greatest tool available to waterway managers as referral authorities is to require a development setback. Not only does this support waterways and riparian vegetation to provide vital ecological functions, it provides a buffer between development and the natural geomorphic processes of a waterway, such as channel adjustment.

A literature review of planning regulations regarding waterway setbacks for development was conducted, covering multiple jurisdictions within Australia. An evaluation of the scientific basis for determining these setback distances was made, with a particular focus on bank erosion. Moreover, to appraise the consequence of inadequate setbacks, the obligation for waterway managers to mitigate erosion impacts on assets was explored.

It was found that setback distances are often inadequate, and/or inconsistently applied. Few planning regulations are informed by a current understanding of geomorphic processes and are often unduly influenced by planning precedence. Simultaneously, there is a general perception that waterway managers are obligated to protect property and assets from bank erosion, despite there being any clear legal responsibility to do so.

In the broader community, it is not always well understood that rivers adjust. This needs to be better communicated by waterway practitioners and appreciated by policy makers. Clarifying the responsibility, and subsequent cost, for dealing with the consequences of inadequate setbacks (e.g. erosion) may help for this issue to become better appreciated.

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