Farm Dams - Protecting Fish Passage & Aquatic Habitat

Constructing dams, weirs and erosion control structures in or across watercourses can potentially interfere with the movement of fish along waterways and the quality of the aquatic habitat. The State Fishway Program, described on the Protecting Fish Passage page, undertakes works to provide fish passage at identified high priority sites throughout the state. Legislative Requirements Aquatic habitat and fish passage are protected by a number of Victorian legislative Acts. These include the Water Act 1989, the Fisheries Act 1995, Flora and Fauna Guarantee Act 1988 and the Conservation, Forests and Lands Act 1987. The Conservation, Forests and Lands Act 1987 requires all public authorities to submit plans of works with DSE for comment where such works involve the "construction of dams, weirs or other structures in or across watercourses which potentially interfere with the movement of fish, or the quality of aquatic habitat". Works on waterways, such as the construction of dams, weirs and erosion control structures, are licenced in accordance with the Water Act 1989. The Act allows conditions to be included in a works licence to protect the "environment, including the riverine and riparian environment". Schedule 3 of the Flora and Fauna Guarantee Act 1988 lists "the prevention of fish passage of aquatic biota as a result of instream structures" as a potentially threatening process. Listing requires the production of action statements describing the threatening process, and the proposed approach to ensure it does not pose a threat to the long-term survival of native taxon or communities. Fisheries values depend on the adequate protection of aquatic habitat. This has been recognised for the first time in the Fisheries Act 1995 through two provisions relating to maintaining fish habitat (Fisheries Reserves) and protection of specific fish species. Similar to the Flora and Fauna Guarantee Act 1988, action statements must outline the process that will be implemented to ensure the long-term protection of fish habitat and/or specific species.

Fishway construction, Baums Weir, Barwon River, July 1998. Photo: Tim O'Brien

Fishway construction, Baums Weir, Barwon River, July 1998. Photo: Tim O'Brien

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