Land acquisition threat: Farmers concerned about water constraints process

Landholders have been highlighting for many years that the volumes of water being acquired and stored in upstream dams under the Basin Plan will not physically fit down the system without causing major disruption.

Wakool River Association chair John Lolicato, a long-time advocate for a more common-sense approach to Basin Plan implementation, says recent meetings with NSW Government personnel have exacerbated landholder concerns.

“We know that due to constraints such as the Barmah Choke and numerous other physical restrictions, the volumes proposed under the Basin Plan simply cannot be delivered downstream without causing flooding of private and public land,” Mr Lolicato said.

“While governments also know this indisputable fact, it’s an issue that has been ‘kicked down the road’ for many years.

“Now, the New South Wales Government has prepared what it calls a draft Landholder Negotiation Regulation Scheme, with what’s called a ‘public exhibition process’ until October 27.

“After attending one of their information sessions in Deniliquin, and reading the draft regulations, I think farmers should be more worried than ever.”

Mr Lolicato said it was disappointing the eight planned meetings over two days in Deniliquin appear to be designed to limit informed discussion and questions regarding the process and the associated Reconnecting River Country Program.

“A better way would be to work collaboratively with our representative groups and hold public meetings, so the people attending all hear the same answers and questions,” Mr Lolicato said.

“However, that may mean the authorities would have to answer some difficult questions, and their process is designed to avoid this.

“Even the most basic data that is required by a landholder to make an informed decision regarding the negotiation process could not be provided.

“For example, on each landholding what are the proposed flows, including their height, duration, frequency, extent and timing. Without this information, how can a landholder decide what is in their best interest?”

Mr Lolicato said the draft regulations make it clear that landholders have two options – negotiation or compulsory acquisition.

“If the government undervalues a landholder’s property or the infrastructure required, and the landholder refuses to accept an inadequate offer, the minister can step in and grab what they want.

“Department officials at the meetings were unable or unwilling to answer genuine questions relating to realistic compensation packages for easements.

“When asked if compensation would be ‘event based’ or ‘one off’, it was clear there would be only one payment, regardless of ongoing potential damage or liability.

“When asked about compensation if a crop was accidentally flooded by environmental flows, the answer was a distinct ‘no’ under the proposed legislation.

“So governments can ruin a farm business, negligently or accidentally, and there are no consequences.

“That is not the Australian way. In effect, they’re holding a gun at our head.”

While the negotiation process is under control of the NSW Government, Mr Lolicato said it was clear the MDBA’s proposed Constraints Roadmap could take over the decision-making regarding flow volumes and duration, thus absolving the NSW Government of responsibility.

“Many aspects of the poorly designed and implemented Basin Plan have been of huge concern for the nation’s food and fibre producers for nearly two decades, and unfortunately the situation is getting worse, not better,” Mr Lolicato said.

“In a nutshell, this latest legislation is designed to give the New South Wales Government the power to compulsorily acquire our land, and past experiences in any policy area tells us the landholder will not be fairly compensated.

“Even worse, it will make the government immune from any liability or litigation if water is released and it causes damage.

“The constraints issue has been the Basin Plan’s ‘elephant in the room’ for a long time.

“This new draft process has the potential for governments to pick winners and losers and create more division within our regional communities.

“It undermines the social fabric that holds our communities together.”

An information sheet on the proposal developed by Southern Riverina Irrigators highlights that at least 4000 landholdings across the Murrumbidgee and Murray region will be impacted by this regulation, with 2700 landholdings situated in the Murray.

“Landholders have 12 months negotiation time from the point of first contact and if no resolution is reached, the issue will move to the Just Terms Act compulsory acquisition process as a last resort with ministerial approval (six month time frame),” the SRI information sheet states.

“Just Terms Act allows government to acquire land from a landowner for a public purpose – either compulsory or by agreement.

“Flooding is likely to happen every two to three years, although the department is sketchy on details and have no idea of duration or volume but the compensation payout is once only,”

SRI executive officer Sophie Baldwin said it is worth noting Victoria has said no to compulsory acquisition of land.

She said this policy is dangerous for the region, and encouraged landholders to participate in the consultation process.

“Your landholder property rights are being eroded.

“You face the financial risk of being frequently flooded and you just have to cop it on the chin, based on flow targets that have not even been modelled for deliverability.

“So what should you do?

“Write a submission stating your opposition to this regulation - it doesn’t have to be long - and send it through to water.dpie.nsw.giv.au/landholder-negotiation-scheme.

“You should also send a letter to water minister Rose Jackson voicing your opposition.

“If you have any questions contact your landholder association or SRI.”

Submissions on the draft regulations can be made to the NSW Department of Water until 11.59pm on Sunday, October 27.