Find the form and legal regulations to submit a Notice of Intent to Drain or Pump water in the Peel-Harvey Catchment of WA
Regulation overview
Regulation 6 of the Soil and Land Conservation Regulations 1992 applies to all types of drainage, including groundwater pumping, within the Peel-Harvey Catchment area of Western Australia.
According to the Soil and Land Conservation Act 1945, all land owners or occupiers intending to undertake this activity are required to submit a notice of intent to drain to the Commissioner of Soil and Land Conservation, at least 90 days before drainage begins.
The Commissioner is based in the Department of Primary Industries and Regional Development and can be contacted via the channels listed at the bottom of this page.
Why is notification required?
Drainage has improved agricultural development on the Swan Coastal Plain of WA, but has also increased nutrient movement to waterways and wetlands.
These nutrients have encouraged algal blooms that lead to eutrophication in the Peel Inlet and other water bodies in the region, resulting in large-scale fish kills and stench problems. The state and the local community do not find this acceptable.
The implementation of Regulation 6 of the Act aims to reduce nutrient discharges from new drainage proposals, and therefore reduce water contamination problems.
Submit notice to the Commissioner
It is a legal requirement (Regulation 6 of the Act) that all land owners or occupiers who intend to drain land (including pumping) and dispose of the water onto land, other water course or waterbody within the gazetted Peel-Harvey Catchment must submit a written Notice of Intent to Drain or Pump Water (NOID).
This is to be lodged in writing, on the prescribed form (below) to the Commissioner, at least 90 days before the drainage starts.
It is a breach of the Act and an offence to proceed without notification, and penalties and prosecutions may be applied.
Notice of intent to drain or pump waterPublic notification
The Commissioner will notify potentially affected downstream parties of the proposed drainage works, and relevant government authorities, such as the Department of Water and Environmental Regulation, Department of Biodiversity, Conservation and Attractions, local government authorities and the land conservation district committee. The Water Corporation will also be contacted for comment if the works discharge into a drain managed by the Corporation.
Assessment
The Commissioner will complete her/his assessment of the proposal and advise the proponent in writing of the outcome within 90 days of the Notice of Intent to Drain (NOID) being registered.
This assessment is based on a site inspection and must consider the likely increase in discharge of phosphorus, sediment or pollutants, such as animal manure, into waterways.