NATIONAL WATER COMMISSION 2009 BIENNIAL ASSESSMENT OF THE NATIONAL WATER INITIATIVE

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NATIONAL WATER COMMISSION 2009 BIENNIAL ASSESSMENT OF THE NATIONAL WATER INITIATIVE
NATIONAL WATER COMMISSION 2009
  BIENNIAL ASSESSMENT OF THE
   NATIONAL WATER INITIATIVE

                      20 February 2009

                         Contact: Andre Kaspura
   Policy Analyst, International & National Policy, Engineers Australia
                  11 National Circuit Barton ACT 2600
                Tel: 02 6270 6581 Fax: 02 6273 4200
              Email: akaspura@engineersaustralia.org.au
                      www.engineersaustralia.org.au
NWC 2009 Biennial Assessment of the NWI

1. Introduction
   Engineers Australia is the peak body for engineering practitioners in Australia, representing all
   disciplines and branches of engineering. Membership is now approximately 86,000 Australia wide
   and Engineers Australia is the largest and most diverse professional engineering association in
   Australia. All Engineers Australia members are bound by a common commitment to promote
   engineering and to facilitate its practice for the common good.

   Engineers Australia has had in place sustainable development principles to guide members in the
   conduct of their engineering practice for over 20 years. Sustainable development is an integral
   component of Engineers Australia’s code of ethics which are agreed by all members. Engineers
   Australia has also formally endorsed a Sustainability Charter and a comprehensive policy on
   Australia’s energy future and climate change.

   There is no doubt that without the National Water Initiative (NWI) there would be much less
   progress on water reform in Australia. At best, however, the NWI is only a partial success.
   Australian water reform began in 1994 and many of the unresolved issues from that agreement
   were rolled into the NWI. Some of these matters have still not been dealt with as envisaged by
   these agreements. Progress on most issues has been slow and characterized by a focus on
   process rather than outcomes, completion of some elements and avoidance of others, particularly
   those dealing with central issues such as commercial management practices and returning over-
   allocated systems to sustainable extraction levels. The most successful aspect of the NWI has
   been the establishment of the National Water Commission and the progress this organisation has
   facilitated. The Commission has discharged its role quietly and diplomatically.

2. Water Entitlements and Planning
   In principle, Engineers Australia supports water trading and the legislative and regulatory changes
   that need to be made for effective water trading to become a reality. Considerable progress has
   been made on some of these matters, but not on others. Water planning has clearly improved and
   significant resources have been allocated in all jurisdictions. Engineers Australia is never-the-less
   disappointed with the current situation. A succession of Commission assessments suggest that
   progress has been slow and uneven. As recently as April 2008, a Commission Report on water
   planning in Australia noted that “no jurisdiction can yet claim to have a fully effective water
   planning system.”1

   Water planning processes appear to be excessively geared to jurisdictional interests resulting in
   considerable differences between jurisdictions and sometimes within jurisdictions. Although the
   lessons cited in the Commission’s Report provide valuable insights for the development of
   compatible water planning processes, it also serves to highlight the lack of progress made towards
   that objective. For example, in a context where climate change already is impacting water
   availability, the Report observes that the most common approach to forecasting future inflow
   patterns is to assume continuation of past patterns. This approach calls into question the relevance
   of the plans produced.

   1
    Mark Hamstead, Claudia Baldwin and Vanessa O’Keefe, Water Allocation Planning in Australia—Current Practices and
   Lessons Learned, National Water Commission Waterlines, April 2008, pvi

   ENGINEERS AUSTRALIA                                     20 February 2009                                 Page 1
NWC 2009 Biennial Assessment of the NWI

   Engineers Australia believes an invigorated approach to water planning is required. One possibility
   is to propose a common water planning model to be adopted by all jurisdictions. A common model
   could include the best practices now in use by States and Territories and a recommended
   approach where no current practice is adequate.

3. Water Trading
   The objective of water trading is to reallocate available water to its highest value use. While
   research shows that water trading has made an important difference to the capacity of some
   irrigation farmers to adapt to changing circumstances2, these benefits need to be kept in
   perspective3:

       •   Although the volume and value of water traded has increased over time, the proportion of
           tradeable water volumes in 2007-08 was still quite small (5.7% in NSW; 5.3% in Victoria;
           3.8% in Tasmania and 2% or less elsewhere) and has been unduly restricted by the 4% out
           of basin limit.
       •   It is not clear from available statistics what proportion of entitlements traded was actively
           used water entitlements rather than “sleeper” entitlements.
       •   Market arrangements involve inordinate delays with most jurisdictions taking excessive
           time to approve essentially very simple transactions. Outstanding issues (remaining areas
           of incompatibility in registers; arbitrary restrictions on inter-basin trade; slow transfer
           approvals and community concerns) have been apparent for several years.
       •   Little progress on returning over-allocated streams to sustainable extraction levels has
           been achieved, particularly in the Murray-Darling system.

   Although considerable progress has occurred on many of the “mechanical” matters necessary for
   water trading, progress on key policy matters (the out of basin limit, dealing with sleepers and
   dealing with over-allocated systems) appears to have stalled, suggesting unwillingness on the part
   of the States and Territories to fully embrace the objective of water trading.

4. Best Practice Water Pricing
   The NWI aimed to implement water pricing and associated institutional reforms that ensures
   efficient and economical management of water and water markets, including efficient and
   sustainable use of water resources, water infrastructure assets and government resources
   allocated to water management. Metropolitan water utilities were to achieve “upper bound” or
   commercially viable pricing by end 2008 and rural and regional water utilities were to aim for “lower
   bound” pricing (upper bound less provision for the opportunity cost of capital) and where possible
   to aim for “upper bound” pricing. Unlike the metropolitan objective, no firm date was agreed for
   achieving rural and regional pricing objectives.

   Delays in data availability inevitably complicate comment, but with this caveat in mind the
   Productivity Commission’s assessment of the financial performance of Government Trading

   2
     Rural Industries Research and Development Corporation, National Water Commission and Murray-Darling Basin
   Commission, The Economic and Social Impacts of Water Trading, September 2007
   3
     National Water Commission, Australian Water Market Report 2007-08, p125, www.nwc.gov.au

   ENGINEERS AUSTRALIA                                     20 February 2009                                 Page 2
NWC 2009 Biennial Assessment of the NWI

Enterprises4 provides useful insights. This Report considered 24 government water trading
enterprises (10 urban and 14 rural and regional) covering all capital cities except Darwin and rural
and regional areas of Tasmania and Victoria, as well as the bulk water suppliers to NSW and
Queensland rural and regional water utilities.

All urban water utilities covered costs by solid margins and reported positive returns on capital
assets in 2006-07. These results are consistent with achieving “lower bound” pricing. However,
only 5 of the 10 urban water utilities reported returns on assets exceeding the “risk free rate of
return” (5.8%; the return on 10 year Commonwealth Government bonds) which was the
requirement to achieve “upper bound” pricing. Although these figures are for 2006-07, the extent of
the under-shoot in performance is sufficiently large to require more than a single year to overcome.
Sydney, Hobart, Adelaide and the Yarra Valley component of Melbourne are supplied by water
utilities not yet operating commercially. While clearly considerable progress has been achieved by
urban utilities, price setting institutional arrangement are unlikely to lead to the achievement of the
NWI objective in the near future.

No timetable was set in the NWI for rural and regional water pricing objectives. The cost of this
oversight is clear from the Productivity Commission report. Only 8 of the 14 water utilities in this
group recovered their costs with the other 6 making losses. None of this group had returns on
assets which exceeded the risk free rate of return. Two utilities (Sunwater and Hunter Water) had
returns on assets over 4% and could be close to “lower bound” pricing. Taking into account the
National Water Commission’s position on the NWI provisions for urban water reform and the
emphasis given to rural water management in the NWI, this outcome is disappointing.

Besides achieving economic efficiency in water usage, one of the objectives of water pricing is to
assist efficient and sustainable water infrastructure management. The latter has not received as
much attention as efficient water usage and Engineers Australia believes that there is a clear link
between failure to adopt commercial pricing and management practices and neglect of water
infrastructure provision.

Figure 1 (attached) compares trends in “real” engineering construction on different classes of
economic infrastructure normalised by population size5. The trends are expressed in index number
form (with 1988-89 as the base year) to facilitate comparison. These data are particularly useful
because they exclude expenditure on maintaining existing infrastructure and the inflated land
values which complicate analysis of published data by water utilities.

In 1988-89, real Australian engineering construction on water infrastructure was $880.8 million
(2005-06 prices), or 7.4% of real engineering construction on economic infrastructure. This share
generally trended downwards and by 2006-07 it was 5.2%. As large investments in desalination
plants materialized as on the ground developments, engineering construction on water
infrastructure more than doubled in the following year to $4,056.9 million or 11.9% of economic
infrastructure.

4
 Productivity Commission, Financial Performance of Government Trading Enterprises, 2004-05 to 2006-07,
July 2008, www.pc.gov.au
5
 See the series of papers analysing Engineering Construction on Economic Infrastructure for each State and Territories
available from www.engineersaustralia.org.au

ENGINEERS AUSTRALIA                                        20 February 2009                                   Page 3
NWC 2009 Biennial Assessment of the NWI

   In 1988-89, real engineering construction on sewerage infrastructure was $889.7 million (2005-06
   prices), or 7.4% of economic infrastructure. Investment in new sewerage infrastructure also fell as
   a share of economic infrastructure. Like new investment in water infrastructure there was a large
   increase in engineering construction on sewerage infrastructure in the year ending 2007-08 (62%),
   but despite this, this category of activity lost ground to 6.7% of economic infrastructure.

   Figure 1 combines the trends in water and sewerage infrastructure to simplify comparison to other
   classes of infrastructure. In the 15 years to 2003-04, Figure 1 shows that water and sewerage
   engineering construction in most years did not keep up with population growth (index less than
   100). Some may argue that this reflects a shift to better infrastructure use and more economical
   use of water. To some extent this did occur, but Australia’s water and sewerage infrastructure in
   the late 1980’s was far from adequate and the long period of low activity led to further aging of
   already old infrastructure in many locations and an accumulation of needed activities that were
   either deferred or simply not considered.

   From 2003-04, activity increased above population growth, but remained low compared to new
   construction in other infrastructure classes. The rapid increase between 2006-07 and 2007-08 is
   mainly due to large investments in water desalination in several jurisdictions. Underlying the
   national trend illustrated in Figure 1 were widely different jurisdictional trends:

      •   NSW; trend was very similar to the national trend
      •   Victoria was below the national trend for the entire period examined
      •   Queensland was above the national trend since 1993-94 and recent large investments in
          water infrastructure have widened the gap
      •   SA; except for the period 1996-97 to 1998-99, was below the national trend
      •   WA; was above the national trend except for isolated years
      •   Tasmania from 1992-93 to 2002-03 was below the national trend, until 2006-07 was similar
          to national trend but did not share in the upsurge of activity that occurred in 2007-08
      •   NT was below the national trend to 1997-98; since 2000 has largely been above the
          national trend
      •   ACT; largely below the national trend except for isolated years.

5. Water for the Environment
   The essential requirements to achieve this NWI objective are that over-allocated systems should
   be returned to sustainable water extraction levels and that ground and surface water resources be
   managed together. The 1994 National Competition agreement provided for substantial progress on
   addressing over-allocated river systems to be made by 1998. The NWI found it necessary to
   extend the timetable for this commitment to 2005 and added substantial progress on adjusting all
   over-allocated systems by 2010. Engineers Australia notes that progress on these commitments
   has been slow even in the context of revised timetables. Engineers Australia is concerned that
   previously recognised over-allocated systems have been addressed by re-defining over-allocation.
   If the view of parties to the agreement was that the timetable agreed was too stringent then a
   preferable course would be to renegotiate it.

   While States and Territories have established institutions with responsibilities relating to
   environmental water flows, there appear to be fundamental flaws in these arrangements relating to

   ENGINEERS AUSTRALIA                              20 February 2009                           Page 4
NWC 2009 Biennial Assessment of the NWI

   the authority of these agencies, the relationship between them and other water agencies and a
   general preoccupation on the part of State and Territory authorities with protecting the rights of
   water extraction.

   The most obvious and important example of an over-allocated system, the Murray-Darling Basin,
   now faces severe difficulties. Recent Commonwealth policies are moving in the right direction but
   the pace of progress is slow at best.

6. Water Resource Accounting
   Engineers Australia agrees that progress under this NWI objective has been particularly strong.
   However, Engineers Australia is concerned at the possibility of delay to the broad timetable
   articulated in the first biennial assessment. At this stage, National Measurement Institute pattern
   approval standards planned for publication in March 2008 are still not available. Similarly, State
   metering implementation plans are still being developed.

7. Urban Water Reform
   Like the Commission, Engineers Australia believes that the NWI did not adequately provide for
   urban water reform. The elements included in the NWI (water efficiency labeling, dealing with
   system leakages, reconsideration of water restrictions, new guidelines for recycled water and
   water sensitive urban design and reviews of institutional models) are worthwhile initiatives but do
   not address the substantive issues and even here the responses have been uneven.

   Water labeling legislation has been passed in all jurisdictions, but the approach used only
   addresses consumer information and does not consider minimum efficiency standards. Engineers
   Australia believes that mandating minimum water efficiency standards (at least 4 stars in the
   present 6 stars system) is essential.

   Most water utilities have programs which aim to reduce system water leakages. However, as
   observed by Engineers Australia in its Infrastructure Report Cards6 (1999, 2001 and 2005), while
   investment in these programs has increased, it has generally been insufficient to stem system
   deterioration due to aging of both potable water and waste water assets.

   Engineers Australia welcomes the progress achieved on new national guidelines for water
   recycling. Unfortunately, similar progress in educating and informing the general public about the
   value and utility of recycled water has not been possible. The approach used by water utilities to
   the greater use of recycled water has been characterized by “take it or leave it” approaches and
   “marketing” the merits of particular applications of recycled water instead of consulting with the
   community about all potential uses to identify uses the community sees as now acceptable and so
   progressively adding to community understanding and acceptance of recycled water. As Figure 2
   shows, there has been limited progress in increasing the amount the amount of waste water
   recycled in nearly all centres (the exception is Melbourne where City West, South East and Yarra
   Valley should be aggregated).

   6
       Engineers Australia, Australian Infrastructure Report Cards, www.engineersaustralia.org.au

   ENGINEERS AUSTRALIA                                     20 February 2009                         Page 5
NWC 2009 Biennial Assessment of the NWI

   Integrated water cycle planning, although referred to in many water strategy documents, does not
   yet appear to be the operational paradigm for water planning and management and is typically
   restricted to “icon” new developments. The lack of progress made on recycling waste water and
   the neglect of storm water reuse reflect the persistence of the one pass paradigm in many urban
   water utilities. There is also a reluctance to fully accept that there is a range of applications for
   urban water and not all of these require potable water.

   The reluctance of jurisdictions to use water pricing as a demand management tool continues to be
   an issue. The defacto main tool of urban water policy appears to be long term water restrictions.
   Mandatory water restrictions have been in place in most urban areas for several years. Water
   utilities have conducted on-going campaigns to ensure restrictions are observed and to inculcate
   the view that restrictions are a legitimate long term way to “share” scarce water supplies. Water
   restrictions are a valid option to ration water in a crisis situation, but are not a substitute for active
   commercial management of water supplies and infrastructure and active efforts to adopt the
   innovative options covered by total water cycle management.

   Most urban water utilities are effective monopolies in the geographic areas in which they operate
   and government policies appear to reinforce this situation. Despite an attempt to develop a third
   party access regime in Sydney to treat to tertiary level waste water now discharged into the ocean
   after minimal treatment for use as recycled water, institutional and other policies have prevented
   the proposal proceeding. Successful private sector participation has occurred in the form of
   private-public partnerships for specific infrastructure assets but the monopoly position of water
   utilities has been protected and has assisted the on-going predominance of entrenched views.

8. The National Water Commission
   The NWI provided for the establishment of the National Water Commission to assist in the effective
   implementation of the agreement between the States, Territories and the Commonwealth
   Government. Engineers Australia strongly supports the role and the activities undertaken by the
   Commission. The projects funded under the Commission’s programs and the Reports
   commissioned on a wide range of topics relevant to the NWI have been vital contributions to
   advancing progress.

   ENGINEERS AUSTRALIA                                  20 February 2009                              Page 6
NWC 2009 Biennial Assessment of the NWI

                                      FIGURE 1: REAL ENGINEERING CONSTRUCTION ON DIFFERENT
                                        CLASSES OF ECONOMIC INFRASTRUCTURE IN AUSTRALIA

                       600
                                 ROADS
                                 BRIDGES, HARBOURS & RAILWAYS
                       500       ELECTRICITY
                                 WATER & SEWERAGE
                                 TELECOMMUNICATIONS
 INDEX (1988-89=100)

                       400

                       300

                       200

                       100

                         0
                             1988- 1989- 1990- 1991- 1992- 1993- 1994- 1995- 1996- 1997- 1998- 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2007-
                              89    90    91    92    93    94    95    96    97    98    99    00    01    02    03    04    05    06    07    08
NWC 2009 Biennial Assessment of the NWI

                                                              FIGURE 2: CAPITAL CITY WATER RECYCLING
                                       35
                                            2001
 PROPORTION OF EFFLUENT RECYCLED (%)

                                            2004
                                       30   2007

                                       25

                                       20

                                       15

                                       10

                                        5

                                        0
                                            SYDNEY   CITY W     SOUTH E   YARRA   QLD    SA      WA    NT   ACT
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