Protecting Water Quality in the Moorabool Shire

Water Catchment Protection Policy For Moorabool Planning Scheme

22 July 2003

TABLE OF CONTENTS WATER QUALITY POLICY ............................................................................................................. 3

POLICY BASIS .................................................................................................................................................... 4 OBJECTIVES ........................................................................................................................................................ 4 POLICY ................................................................................................................................................................. 5
Dwelling density in the Rural, Rural Living and Environmental Rural Zone ................................. 5 Second Dwellings on a Lot .............................................................................................................. 5 Land Use.......................................................................................................................................... 6 Buildings and Works........................................................................................................................ 6 Subdivision and lot design ............................................................................................................... 6 Effluent disposal systems ................................................................................................................. 6 Application Requirements................................................................................................................ 7

GENERAL DECISION GUIDELINES .............................................................................................................. 7 RELEVANT POLICIES AND REPORTS ......................................................................................................... 8 DEFINITIONS ....................................................................................................................................................... 8

Water Quality Policy

This policy applies to all land located in special water supply catchments listed in Schedule 5 of the Catchment and Land Protection Act (1994) in the Moorabool Shire. The following water authorities are listed as referral authorities in the Moorabool Planning Scheme:

Central Highlands Water for planning applications affecting land in the Lal Lal Reservoir, the upper sections of the Lake Merrimu (Lerderderg River), Creswick and the Ballarat Special Water Supply Catchments. Western Water and Southern Rural Water for planning applications affecting land in the Djerriwarrh, Lake Merrimu, Lake Merrimu (Goodmans Creek), Lake Merrimu (Lerderderg River) and Pykes Creek Reservoir and Werribee River and Rosslynne Reservoir (Jacksons Creek) Special Water Supply Catchments. Barwon Water for planning applications affecting land in the Moorabool River (Sheoaks) and Stony Creek Special Water Supply Catchments.

The relevant water authority will use this policy to assess planning permit applications directed to it by Council for comment pursuant to Section 52 or Section 55 of the Planning and Environment Act (1987). This policy only affects applications for planning permits referred to the four water authorities listed above. The authorities will also rely on the policy when considering an amendment to the Moorabool Planning Scheme that has been sent by the Planning Authority for comment (pursuant to Section 19 of the Act). Clause 66.01 and 66.02 of the Moorabool Planning Scheme specify the class of applications to use and develop land that must be referred to the relevant water, drainage or sewerage authority for comment. Clause 66.02 of the Moorabool Planning Scheme requires that any application to use or develop land in a Special Water Supply Catchment Area listed in Schedule 5 of the Catchment and Land Protection Act 1994 and which provides water to a domestic supply must be referred to the relevant water board or water supply authority for comment. This does not include applications for a sign, fence, roadworks or unenclosed building or works ancillary to a dwelling. Matters that are referred to the water authorities include (but are not limited to):

A dwelling on a lot of less than 40 hectares in a Rural Zone. A second dwelling on a lot. Subdivision of land. Use land for industry in a Rural Zone To use land and construct a Place of Assembly in a Rural Zone.

Landowners should check with the Moorabool Council to see whether or not a planning permit for a particular land use or development is required. If a land use or development does not require a planning permit, it will not be referred to the water authority for comment pursuant to Section 55 of the Act nor will it be assessed against this policy. All applications received by the water authority will be assessed on their merits. However, applicants should strive to meet all of the relevant objectives and policy standards.

Policy Basis
300,000 people rely on drinking water supplies that are harvested from catchments in the Moorabool Shire. Every local resident and business in the Moorabool Shire relies on water that is harvested from catchments in the municipality. Inappropriate land use and development will undermine the safety and reliability of water supplies in the Shire. It is vital that water authorities, Council and the local community act to preserve water quality throughout the municipality in order to safeguard public health, protect water supply assets, reduce water tariffs, and ensure a secure and reliable long-term supply of drinking water. Existing settlements such as Blackwood, Mount Egerton and Gordon have been developed for many years. The water authorities acknowledge that they have some development potential while also acknowledging their impacts on local streams. In terms of rural and rural living areas the water authorities consider that: There is link between increased dwelling density and a reduction in water quality. Human activity can pose a risk to water quality. Well-managed agricultural activities with appropriate buffer zones will help to maintain water quality. Septic tanks and on-site wastewater treatment plants often pose a risk to water quality because of poor maintenance, design, installation and/or operator error or plant malfunction. Some of the Shires rural areas are characterised by poor quality soils. Development in these areas can lead to erosion, effluent and stormwater run-off and a reduction in water quality1. Water supplies are vital to all communities. A decline in water quality or outbreak of an algal bloom may result in increased treatment costs or withholding of supply. This would increase the cost of water to consumers, adversely impact on irrigators and agricultural water users and may jeopardise public health.

Objectives
To ensure that all water authorities in the Moorabool Shire adopt a consistent approach to the assessment of planning applications referred by the Council. To provide clear guidance to landowners interested in developing their land. To ensure that land use and development is assessed according to the Precautionary Principle2 To enhance water quality in a Special Water Supply Catchment. To protect the quality of water supplies so as to ensure the future expansion and development of local and regional communities. To adopt a risk management approach to the assessment of planning permit applications. To minimize the cost of treating water. To protect public infrastructure and investment. To ensure that the density of septic tanks and wastewater treatment plants does not create an unreasonable risk to water quality. To manage human activity in catchments to minimise risks to water quality. To ensure that an increase in dwelling density does not reduce the productivity or sustainability of rural land. To encourage a range of agricultural and non-urban land uses, which protect and improve water quality. To discourage intensive animal husbandry where there is an unreasonable risk of contamination to water supplies.

NB the western part of the municipality has some areas with good quality soil. The lack of scientific evidence is not sufficient reason to allow an action that may have a detrimental impact on the environment. Applicants should prove that an action would not result in environmental damage.
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Objectives continued
To encourage development on land that is not prone to erosion. To reduce turbidity and nutrient inputs to waterways through management of both wastewater and stormwater. To ensure that new unsewered lots are capable of containing effluent on site. To ensure that the design of new subdivision respond to the location of natural features and land capability.

Policy
All applications for dwelling in the Rural, Rural Living and Environment Rural Zones will be assessed against the criteria listed below and the General Decision Guidelines containing in this policy. It is policy that: Dwelling density in the Rural, Rural Living and Environmental Rural Zone Dwelling density generally should not exceed 1:40 hectares. Dwelling density will be established by calculating the number of dwellings within a one-kilometre radius of the site of the proposed dwelling. Areas of public land will not be included when calculating dwelling density.

A density of 1 dwelling per 40 hectares of land is considered to be a reasonable benchmark for dwelling density in special water supply catchments having regard to the current state of scientific knowledge and the Precautionary Principle. The water authorities will take the following matters into consideration when assessing dwelling density in a particular area: The proximity of the land to a water supply reservoir and/or a waterway The time taken for water from the site to travel to a water supply reservoir. The quality of the soil. The slope of the land. The link between the proposal and the use of the land for a productive agricultural purpose. The existing lot and dwelling pattern in the vicinity of site. Any site remediation and or improvement works that form part of the application. The intensity or size of the development or use proposed and the amount of run-off that is likely to be generated.

An application to increase dwelling density (i.e. at a density greater than the 1:40 threshold) must address the above criteria and the General Decision Guidelines. In some cases, the particular constraints of the site or area may require lower dwelling densities. Second Dwellings on a Lot The water authorities will consider supporting an application for a second dwelling on a lot provided all of the following matters are demonstrated to their satisfaction: The second dwelling is necessary to support a rural activity. The new dwelling can comply with the density tests outlined above. The landowner may be required to enter into a legal agreement (pursuant to Section 173 of the Planning and Environment Act 1987) that would prevent any further dwellings from being constructed.

Land Use Outside of township areas, the following land use activities are discouraged in water supply catchments: Industry Piggeries, cattle feedlots and other intensive animal industries

Land users will be encouraged to adopt the applicable best practice environmental management system, which promotes improved water quality. Buildings and Works All new development is encouraged to be: Located on slopes of less than 20%. Setback at least 100 metres from waterways on land within a Special Water Supply Catchment. On stable soils not prone to erosion. sited within a nominated building envelope. The owner will be required enter into a Section 173 agreement with the Council and the water authority to have the building envelope included on title.

Subdivision and lot design No lot will be approved on land that is unsuitable for on-site disposal of septic tank effluent in accordance with the Code of Practice - Septic Tanks Code of Practice, EPA March 2003. No new lot will be approved if: o A land capability assessment of the site indicates that effluent disposal will pose an unreasonable risk to water quality in the catchment. o The subdivision is within 300 metres of a domestic water supply reservoir. In rural areas, lots of less than 40 hectares are discouraged if the land could be developed with a dwelling. Subdivision into lots of less than 40 hectares may be supported provided the owner of the land enters into a S.173 agreement, which prevents a dwelling being established on the land. House lot excisions will be considered subject to an acceptable means of on-site effluent disposal and the owner entering into an agreement to prevent the development of a dwelling/s on the parent lot (or the remainder of the land). Boundary realignments that provide an opportunity for another dwelling (with a permit or as-ofright) to be constructed are discouraged. New lots should be designed to reflect the natural features of the site Subdivision should enhance the productivity and sustainability of the rural land.

Effluent disposal systems Effluent lines are encouraged to be located at least: o o o 100 metres from any surface water or waterway within a Special Water Supply Catchment area declared under the Catchment and Land Protection Act (1994). 200 metres upslope from a domestic water supply channel; and 300 metres from any domestic water supply reservoir.

Effluent disposal areas must be kept clear of trees, bushes and shrubs to prevent problems occurring should the system need to be dug out for maintenance. The owner must enter into a Section 173 agreement with the water authority and the Council to ensure that the effluent system is inspected annually and any defects identified rectified as soon as practicable. A suitably qualified person must undertake this inspection. All costs associated with the annual inspection and any maintenance requirements must be met by the landowner. Septic tanks must be desludged every three years.

Application Requirements An application for planning permit for land use and/or development within a Special Water Supply Catchment should provide (as relevant): A land capability assessment prepared by a suitably qualified person in accordance with the Code of Practice Septic Tanks March 2003 (or as amended). A management program that indicates how any constraints identified in the land capability assessment can be addressed. A description of the soil type of the site and its profile characteristics to a depth of at least 1.5 metres. Demonstration that the proposal will result in a net benefit/improvement to the health and environmental condition of the catchment, where the land is not connected to reticulated sewerage. An assessment of the likely environmental impact on the natural physical features and resources of the area and in particular any impact caused by the proposal on soil and water quality. Proposed management arrangements for stormwater run-off from the site. A site plan, drawn to scale, showing: o The site, shape, dimensions, orientation and slope of the site. o The location of trees and other significant vegetation o The location and use of existing buildings o Any significant natural or human features on or in the vicinity of the site, including drainage lines and watercourses o The location of any contamination, fill or rock outcrops. o Any other notable characteristics o The location of any proposed buildings, effluent disposal areas, access points and fences.

General Decision Guidelines

In assessing the adequacy of any application against this policy, the water authority must consider the following general planning and development issues The slope of the land The capability of the land to contain both effluent and stormwater on site The location of water courses on the site or nearby The density of septic tanks in the surrounding area The pattern of land use and development in the area The potential for the site to be connected to reticulated sewerage Soil type and other land capability characteristics The need to remove vegetation The intensity and/or size of the proposal Potential effluent loads generated by the proposal The presence of erosion on the site The vegetation cover The proximity of the site to water courses. The amount of cut and fill required to accommodate the development The practicability of the management program

Relevant Policies and Reports

Interim Guideline for Planning Permit Applications in Open Potable Water Supply Catchment Areas (August 2000), Department of Infrastructure Septic Tanks Code of Practice, EPA, March 2003. Australian Standards: AS/NZS 1547:2000, On-site domestic wastewater management: AS/NZS 1546.1:1998, On-site domestic wastewater treatment units Septic tanks: AS/NZS 1546.2:2001, On-site domestic wastewater treatment units Waterless composting toilets; AS/NZS 1546.3:2001, On site domestic wastewater treatment units - Aerated wastewater treatment systems. Assessment of Catchment Risks to Potable Water Supplies in the Moorabool Shire, Water ECOscience August 2001 Planning Report on Catchment Management Issues in the Moorabool Shire, Glossop Town Planning June 2001 Land Capability and Farming Practice in the Moorabool Shire, Phillips Agribusiness May 2001. Moorabool Planning Scheme Code of Practice for Piggeries 1992(NRE) Victorian Code for Broiler Farms (DNRE Sept 2001) Urban Stormwater: Best Practice Environmental Management Guidelines CSIRO Publishing, Collingwood, 1999 EPA Information Bulletin, Domestic Wastewater Management Series Land Capability Assessment for On-site Domestic Wastewater Management Publication No. 746.1, February 2003 State Environment Protection Policy Waters of Victoria (EPA) Victorian River Health Strategy (2002) Victorias Native Vegetation Management A Framework for Action (2002).

Definitions
The definitions are contained in the Planning and Environment Act (1987) or the State Environment Protection Policy (SEPP) Water of Victoria. Building Includes: (a). (b). a structure and part of a building or a structure; and walls, outbuildings, service installations and other appurtenances of a building

Development Includes: (a). (b). (c). (d). the construction or exterior alteration or exterior decoration of a building; and the demolition or removal of a building or works; and the construction or carrying out of works; and the subdivision or consolidation of land, including buildings and airspace; and

Land use In relation to land includes use or proposed use for the purpose for which the land has been or is being used or may be developed.

Waterway A river, creek, stream or watercourse or a natural channel in which water regularly flows, whether or not the flow is continuous or a lake, swamp or marsh. Works Includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil.

Subdivision Means the division of land into two or more parts, which can be disposed of separately. Surface waters Surface waters both perennial and intermittent and includes any river, stream, reservoir, billabong, creek, anabranch canal, wetland, channel, lake, lagoon, dam, natural or artificial water course, bay, coastal or tidal water and excludes waters within waste treatment systems, waters within enclosed water supply distributions systems, farm dams, private ponds, piped or underground drains and the intersital waters of sediments. Special Water Supply Catchment An area of land that is listed in Schedule 5 of the Catchment and Land Protection Act (1994).