❓ A WA parliamentary question addresses concerns about the alleged damming of Brooking Creek, a Fitzroy River tributary, by a pastoral lease holder. The Minister's response indicates an investigation occurred, maintenance work caused a temporary blockage, and no further action is deemed necessary as the flow has been restored and the crossing is long-standing.
AnsweredQoN 2051Legislative Council
QuestionView source ↗
I refer to Brooking Creek, a tributary of the Fitzroy River
in the Kimberley and the three photographs found here: https://robinchapple.com/dam-brooking-creek and ask: (a) is
the Minister aware that Brooking Creek, a tributary of the Fitzroy River, was
blocked from flowing last year; (b) if yes to (a), did
the Minister investigate the damming of the Creek; (c) if yes to (b), will the Minister table the report; (d) if no to (b), why not; (e) will the Minister confirm and/or investigate whether the pastoral lease holder has built a vehicle and stock crossing
point over Brooking Creek and that this is blocking the flow of the water; (f) if no to (e), why not; (g) is
it necessary to apply for a licence from the department to build anything in
the bed and/or banks of a waterway; (h) if
yes to (g), does the owner of the Brooking Springs pastoral lease have a licence for
the built structure or crossing point over Brooking Creek; (i) if no to (h), why not; (j) will the department, using its Geographic Information System or any other method, determine when the
obstruction was originally built; (k) if no to (j), why not; (l) if
the department investigated the blocking of Brooking Creek last year, was the
pastoral lease holder prosecuted or issued a warning; (m) if yes to (l), was any enforcement action taken; (n) if no to (m), why not; (o) will the Minister investigate given the photographs taken of Brooking Creek in March 2019, show it
is once again blocked; (p) if no to (o), why not; (q) given the photos show that the obstruction on Brooking Creek contravenes the Western Australian
Government’s policy that states there will be ‘no dams, barriers,
weirs or other structures that store water or impede flow on the Fitzroy River
and its tributaries’, will the Minister ensure that the obstruction is removed as a matter of priority so that the natural flow is not impeded on this environmentally and culturally
important tributary of the Fitzroy River; (r) if no to (q), why not; (s) will the Minister ensure the pastoral lease holder is prosecuted for blocking the creek; and (t) if no to (s), why not?
in the Kimberley and the three photographs found here: https://robinchapple.com/dam-brooking-creek and ask: (a) is
the Minister aware that Brooking Creek, a tributary of the Fitzroy River, was
blocked from flowing last year; (b) if yes to (a), did
the Minister investigate the damming of the Creek; (c) if yes to (b), will the Minister table the report; (d) if no to (b), why not; (e) will the Minister confirm and/or investigate whether the pastoral lease holder has built a vehicle and stock crossing
point over Brooking Creek and that this is blocking the flow of the water; (f) if no to (e), why not; (g) is
it necessary to apply for a licence from the department to build anything in
the bed and/or banks of a waterway; (h) if
yes to (g), does the owner of the Brooking Springs pastoral lease have a licence for
the built structure or crossing point over Brooking Creek; (i) if no to (h), why not; (j) will the department, using its Geographic Information System or any other method, determine when the
obstruction was originally built; (k) if no to (j), why not; (l) if
the department investigated the blocking of Brooking Creek last year, was the
pastoral lease holder prosecuted or issued a warning; (m) if yes to (l), was any enforcement action taken; (n) if no to (m), why not; (o) will the Minister investigate given the photographs taken of Brooking Creek in March 2019, show it
is once again blocked; (p) if no to (o), why not; (q) given the photos show that the obstruction on Brooking Creek contravenes the Western Australian
Government’s policy that states there will be ‘no dams, barriers,
weirs or other structures that store water or impede flow on the Fitzroy River
and its tributaries’, will the Minister ensure that the obstruction is removed as a matter of priority so that the natural flow is not impeded on this environmentally and culturally
important tributary of the Fitzroy River; (r) if no to (q), why not; (s) will the Minister ensure the pastoral lease holder is prosecuted for blocking the creek; and (t) if no to (s), why not?
AnswerView source ↗
Answered
14 May 2019
Responded by
Minister for Regional Development representing the Minister for Water
Response time
9 days
(a) Yes. (b) The Department of Water and Environmental Regulation investigated the matter. (c) A copy of the Department’s internal file note is tabled. [See tabled paper no.] (d) Not applicable. (e) There is a well-established crossing over Brooking Creek in this location. This crossing occurs at the end of a natural pool and observations of the pool, the crossing, and riparian vegetation show that water levels have been stable and consistent for a significant period of time. The station manager advised that work undertaken in 2018 was annual maintenance of the existing crossing which inadvertently blocked the flow for a period often to fourteen days in June 2018. The Department s investigation showed that water flows had been restored by the date of the site inspection on 4 July 2018. No new works have been undertaken at the crossing since the site inspection. (f) Not applicable. (g) A permit to obstruct beds or banks is required for works that cause obstruction or impede flow. Works undertaken to restore crossings to bed level and that are not built up to block or impede flow are not considered to create an additional impact and are exempt from requiring a bed and banks permit. (h) No. (i) In the north west of the state crossings are regularly washed away during the wet season and require annual maintenance. Inspection of the creek crossing by Departmental staff determined that the crossing has been in place for some years and that the works constituted maintenance. While the work inadvertently blocked flow for a short period, this blockage was removed as soon as it was identified. (j) The Department has interrogated its available aerial photos of the area, which go back to 2007 and it appears that this section of the Brooking Creek has been used as a crossing since before that time (2007). (k) Not applicable. (l) The station manager was issued with a Letter of Education on 30 July 2018 to inform them of the requirements under the Rights in Water and Irrigation Act 1914. The Department also discussed in detail the contents of the letter with the station manager in order to ensure his understanding of his obligations with respect to any similar works. (m) No. A Letter of Education is a non-statutory tool used to encourage and assist compliance. (n) Having inspected the site, the Department was satisfied that the natural flow of Brooking Creek had been restored soon after the maintenance works were completed. The Department determined that no enforcement action was necessary. (o) The Department has obtained photographs of the crossing dated 25 March 2019 which show that no new works have been done to the crossing since their last inspection of the site on 4 July 2018 and that it is not blocked. No further investigation is required. (p) Not applicable. (q) No, as the natural flows are not impeded. (r) Many crossings in the Fitzroy River catchment have been established over the years. In this case, the impact on flow of the creek was temporary, and creek flow was restored very soon after the issue was identified. (s) No. Refer to response to part (m) and (n) of this question. (t) Refer to response to part (n) of this question.
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