River Murray - Frequently Asked Questions
River Murray - Frequently Asked Questions
1. What is the Bulk Entitlement (River Murray – Flora & Fauna) Conversion Order 1999?
2. What has the Minister for Environment and Climate Change applied for?
3. What is a bulk entitlement?
4. What is unregulated flow in the River Murray?
5. Does this amendment affect other entitlements to water in the River Murray?
6. What happens next?
7. Can I make a submission?
8. Where can I find out more about the Minister’s application?
1. What is the Bulk Entitlement (River Murray – Flora & Fauna) Conversion Order 1999?
The Bulk Entitlement (River Murray – Flora & Fauna) Conversion Order 1999 (the Bulk Entitlement) was the first legal entitlement to water created for the environment in Victoria, and can be viewed on the Victorian Water Register.
Like the consumptive bulk entitlements on the River Murray, this Bulk Entitlement includes:
- rules about when and where water can be taken and in what volume;
- the security associated with the entitlement;
- obligations to contribute to the payment of operation and maintenance costs; and
- accounting and reporting obligations.
The Bulk Entitlement allows environmental water managers to meet specific environmental needs in Victoria such as watering wetlands (e.g. Hattah Lakes, Gunbower Forest), triggering fish spawning or maintaining habitats. Water held by the Minister for Environment and Climate Change for use on behalf of the Living Murray Initiative is also held under this Bulk Entitlement.
2. What has the Minister for Environment and Climate Change applied for?
The Minister for Environment and Climate Change has applied to amend the Bulk Entitlement (River Murray – Flora & Fauna) Conversion Order 1999 to include a 40 gigalitre entitlement to unregulated flows in the River Murray. The creation of this unregulated flow entitlement recognises Victoria’s historic use of unregulated flows in the Murray for environmental purposes, and was an agreed action (4.18) under the Northern Region Sustainable Water Strategy (NRSWS), adopted in 2009.
The application also seeks to clarify access arrangements to water under this entitlement, including the establishment of more contemporary arrangements that are consistent with new infrastructure and improved practices for environmental watering in the River Murray, and address a number of other actions and policies agreed under the NRSWS. The additional changes proposed aim to clarify existing arrangements and do not fundamentally change the intent of the original bulk entitlement.
3. What is a bulk entitlement?
A bulk entitlement is a legal right to water granted by the Minister for Water under the Water Act 1989 (the Act).
Bulk entitlements are legal instruments commonly held by water corporations that set out how much water the holder is entitled to take to supply its customers and the conditions around taking that water. A small number of bulk entitlements were created for the environment before 2005, such as the Bulk Entitlement (River Murray – Flora & Fauna) Conversion Order 1999, which secured a share of water resources for environmental use.
Since an amendment to the Act in 2005, entitlements for environmental water are created through legal instruments called environmental entitlements. Like bulk entitlements, environmental entitlements define the amount of water that can be taken and the conditions under which it can be taken. Environmental entitlements are specified in a way that compliments the use of environmental water to meet ecological objectives in a system.
4. What is an unregulated flow entitlement in the River Murray?
The availability of unregulated flows in the River Murray is announced by the Murray-Darling Basin Authority (MDBA) when flow in the River Murray exceeds demands and cannot be captured in a downstream storage. Murray unregulated flows have been used historically in Victoria for the environment to create flooding in Gunbower Forest, Hattah Lakes and the Lindsay-Wallpolla area, or water red gums and other wetlands.
Unregulated flow entitlements in the River Murray permit opportunistic diversion (up to a maximum annual volume) of excess water in the system for environmental purposes, within set rules. MDBA announce the timing and amount water available to Victoria during an unregulated flow event in specific reaches of the River Murray. The only other unregulated flow entitlement in the Victorian River Murray is held under this Bulk Entitlement for the Living Murray Initiative.
5. Does this amendment affect other entitlements to water in the River Murray?
No. This amendment formalises the historic use of this water for the environment in a legal entitlement that will ensure access to this water can continue into the future. As this water may only be accessed when it is in excess to consumptive needs and cannot be captured in a downstream storage, the allocation and use of this water does not affect other entitlements in the River Murray. Environmental use of unregulated flows under this bulk entitlement will not impact on the consumptive cap on diversions for Victoria’s River Murray entitlements.
The Minister for Water will consider the Minister for Environment and Climate Change’s application, taking into account the requirements of the Act. Subject to the Minister for Water’s approval, the bulk entitlement amendment will come into effect when it is published in the Government Gazette.
7. Can I make a submission to the Minister on the applications?
The Minister for Water has not called for submissions. There was inclusive consultation during the development of the Northern Region Sustainable Water Strategy, adopted in 2009.
However the Minister will consider any comments received from the public on the applications.
Written submissions can be emailed to water.be@dse.vic.gov.au or mailed to:
Executive Director, Water Resources Division
Office of Water
Department of Sustainability and Environment
Level 10/8 Nicholson Street
East Melbourne VIC 3002
8. Where can I get more information?
For more information on the applications please contact the DSE Customer Service Centre on 136 186.
Find out more about Victoria’s Water Allocation Framework.