Queensland's Wenlock River declared as 'wild'

Queeensland's Natural Resources, Mines and Energy Minister Stephen Robertson has announced the declaration of the Wenlock River under the Bligh Government’s Wild Rivers program. This marks the 10th Wild River Declaration in Queensland, under what the government describes as a 'pragmatic approach' to the preservation of rivers with a high degree of intact pristine environmental values.

About the Wild Rivers Act

wild_river_proposals_in_queensland The Wild Rivers Policy was announced by the Labor Party in February 2004 as a state election commitment, and proposed legislation to preserve the state's remaining 'wild' rivers from development that may threaten the continuation of their environmental value. Wild rivers were defined as those with the majority of their natural stream-flow and associated environmental values intact. Following Labor's re-election, the Wild Rivers Act was proclaimed in December 2005. The Wenlock Declaration means that a total of 10 rivers have been declared, and the Queensland government has announced an intention to consider an additional eight for wild river status.

According to the Queensland government, the Wild Rivers legislation provides pragmatic river protection which recognises existing rights and permits, but also provides for limited future development that maintains the ecological of the river systems. The legislation imposes prohibitions on certain forms of development in declared rivers, such as new weirs and dams, and new developments that restrict floodplain flows, stocking of non-local fish species, in-stream mining or stream 'improvements' such as alignments or levees. In addition, the legislation places restrictions on extractions, off-stream storages and out-of-stream mining activities.

brolga_350 It similarly proposes limits to the activities that can be undertaken in the high preservation zone, which is defined as the area within and up to one kilometre each side of the river, its major tributaries and special off-stream features, such as wetlands. From the government's perspective, the Wild Rivers legislation adheres to the state's responsibility under the National Water Initiative, the nationally endorsed blueprint for water reform, in establishing mechanisms to ensure protection of the ecological significance of Australia's few remaining 'pristine' river systems.

The Wenlock River

From the Minister's press release:

The Wenlock River is one of Australia’s most spectacular natural assets. The wild river area covers an expanse of 7,435 square kilometres and includes 13 major tributaries in this magnificent part of Australia. The river has the highest number of freshwater fish species in any Australian river, and the surrounding rainforest provides crucial habitat for the palm cockatoo, spotted cuscus, the magnificent riflebird and the amethystine python. Under the declaration, the natural values of the wild river area have been formally identified so that this precious part of the world that has been mostly untouched by development can be protected for generations to come.

The Steve Irwin Reserve

One of the key issues surrounding the declaration of the Wenlock was the extent of the High Preservation Area (HPA) or buffer zone to be declared around natural springs on Bertiehaugh Station, also known as the Steve Irwin Wildlife Reserve. This reserve was created by the Howard Government in 2007, when it purchased the land around Coolibah Springs for $6 million turning it into a wildlife sanctuary to be run by Steve Irwin’s family. In justifying a 500 metre bufferzone around the complex as a high preservation zone, Minister Robinson said:

I considered a wide range of issues, including community concerns, the views of local stakeholders, technical information and scientific reports, in determining that a 500-metre HPA for these springs (the Coolibah Springs Complex) is appropriate. My department provided advice that a 300 metre buffer should be the absolute minimum provision. But following my own inspection of the Coolibah Springs Complex, I have taken the decision for a 500 HPA, to ensure beyond doubt, that these springs are protected. The declaration of a HPA around this special feature ensures the protection of unique wetlands and important wildlife refuge and breeding habitat.

Indigenous Water Reserve

As has been widely publicised, a number of high profile Indigenous representative organisations in Cape York have sustained public opposition to the Wild Rivers Act since its announcement, and remain opposed to the legislation on a number of issues. Although not all Indigenous or Traditional Owner groups in Cape York share this position, the recent elevation of this opposition to the level of national policy debate has severely fractured the working relationships between many of the parties to the historic Cape York Heads of Agreement, particularly between Indigenous representative organisations and environmental NGOs.

A number of Indigenous representative groups regard Wild River declaration proposals and the legislation itself as fundamentally flawed, unnecessarily duplicative of existing regulatory mechanisms and an unacceptable encroachment on the rights of the Traditional Owners of Cape York. The designation of rivers on the Cape as 'wild' is regarded as deeply objectionable and is seen to de-value the continuing custodianship and active management of the rivers and catchments by the Indigenous peoples of the Cape. Concerns are also raised with regard to the lack of consistency, transparency and scientific rigour in the exercise of designating which systems meet the criteria for Wild Rivers.

wild_river_rangers An additional, and perhaps the most substantial, concern relates to the inequity engendered by Wild River declarations, given that historical circumstances have excluded Traditional Owners from opportunities to access water resource allocations in these rivers. The effect of that past exclusion means that Traditional Owners are disadvantaged over non-Indigenous peoples who have been able to secure access to water in the Cape prior to restrictions. Although the passage of environmental protections for the Cape is not opposed in general, the method of environmental protection promoted through Wild Rivers is seen to unnecessarily limit economic opportunities to the types of state-sponsored land management and eco-cultural enterprises that will be insufficient to sustain, or indeed improve, the livelihoods of the Indigenous population.

The declaration of the Wenlock has brought similar opposition as other Wild River Declarations. Cape York Land Council chairman Richie Ah Mat says the declaration has stripped Indigenous people of both land rights and economic opportunity. He says the Land Council made submissions outlining its grave concerns about the declaration. In response to these concerns, the declaration in the Wenlock establishes an Indigenous water reserve for Indigenous communities or individuals who need a water supply to start a business in the region. Day-to-day pastoral activities and traditional Indigenous practices like hunting, fishing and gathering materials such as ochre, bark, traditional medicines and the growing of community gardens for domestic purposes can proceed.

Mining

At present, two mining companies, Rio Tinto and Cape Alumina, currently have active interest in the Wenlock River Basin area. Rio Tinto has a mining lease to mine for bauxite around Weipa, and Cape Alumina have exploration permits to explore for bauxite in several areas on the Cape, including Bertiehaugh Station. Cape Alumina do not hold mining production leases, however they have applied for a lease which is currently going through the appropriate regulatory approvals process. The Declaration of the high preservation zone around Coolibah Springs means no mining will be allowed to take place within the 500 metre buffer-zone around the springs, and it will be up to the companies to determine if they still wish to pursue mining lease applications for the remaining area they have been exploring in. Cape Alumina managing director Dr Paul Messenger had argued for a 200-metre buffer, saying anything larger than this may render the Pisolite Hills project "uneconomic by the loss of access to 30 per cent of the bauxite reserves". Rio Tinto has agreed to reduce their water entitlement from 80% to 2.45% of river flows per annum.

Consultation

According to the Queensland Government, they received nearly 4000 submissions and 280,000 petitions after the river basin was nominated for declaration in December 2008, and held almost 100 meetings and met with more than 300 individuals in the Wenlock River Basin.