The NSW Government has formally advised Shoalhaven City Council of the steps required if it wishes to change the trigger level for opening Lake Conjola to the ocean.
Council currently has a Crown land licence to cut a channel to the ocean to reduce flood risk when lake water levels reach 1.2 metres AHD (Australian Height Datum) or where the level exceeds 1.0 meters AHD and heavy rainfall is forecast.
Council also has the right to open the channel as emergency works under section 191 of the Local Government Act 1993 should it consider works as necessary and effective to mitigate a flood emergency.
However, Council has requested an exemption to open the lake at 1.02 metres AHD in the absence of imminent heavy rainfall. The NSW Government is ready to assess any revised proposal
If Council wants to change when the lake is opened, it is able to do so but must first revise its own Entrance Management Policy, and undertake a Review of Environmental Factors, before applying for a licence amendment.
Undertaking proper environmental assessments before opening lakes to the ocean is critical to avoid environmental damage and protect against flooding.
Minister for Lands and Property Steve Kamper said:
"The NSW Government stands ready to assess any revised proposal Council brings forward.
"However, proper planning processes must be followed before the I can grant an amendment to the existing licence conditions.
"That's why Crown Lands has advised Council that the correct pathway is to revise its Entrance Management Policy, undertake the required environmental assessment, and then apply for a licence amendment."
Member for South Coast Liza Butler said:
"Community safety remains the priority and Shoalhaven City Council has emergency powers under the Local Government Act to open the lake to the ocean if there is an imminent flood risk.
"At the same time, outside emergency conditions, decisions about opening Lake Conjola need to be based on science, safety and environmental responsibility, so I encourage Council to undertake the required steps advised by Crown Lands to formally amend its licence."
