Illegal dams the focus of new compliance campaign on Kangaroo Island

The Board consider water to be one of our most precious resources and take its legislative responsibility to manage this resource seriously.

"TheWater Affecting Activity Control Policyexists to ensure the development of new dams and enlargements happen fairly and equitably and do not detrimentally impact existing water users and the environment," Mr Durack said.

"The construction or enlargement of all dams on Kangaroo Island requires approval," said KI Landscape Board General Manager Will Durack.

"Please contact the Board if you have any questions or issues regarding the construction or enlargement of dams," he said.

The Board has initially identified dams that have been constructed or enlarged without approval between 2017 and 2020 and compliance activities will initially focus on these. Identification of dams that have been constructed or enlarged without approval since 2020 will occur soon and compliance activities to address these will commence in due course.

Mr Durack said a level of leniency will be applied when addressing some unauthorised dams constructed or enlarged before now.

“The Board will take a firmer position from this point forward,” he said.

“Any future unauthorised dams may result in fines or prosecution.”

Mr Durack said the problem is wide-spread and needs to stop with an annual detection program starting in June 2025 to ensure future unauthorised dams are detected and dealt with quickly.

As part of this process, the KILB will not take compliance action against unauthorised dams constructed between 2017 and 2020 that would been approved if they were applied for under the current Water Affecting Activity Control Policy. However, the landowner will receive a letter advising that the KILB are aware of the dam and that any future unauthorised works will not receive the same level of leniency.

"These unauthorised dams are an issue because the landowner has not fulfilled their legal obligation to have approval to construct the dam," Mr Durack said.

"However, these dams do not negatively impact water resource sharing and, therefore, will not need to be removed," he said.

Mr Durack said that landowners with unauthorised dams that would not have been approved under the Water Affecting Policy, will be directed by the Board to undertake actions to remove their detrimental impact.

"These dams have an ongoing negative impact and affect other neighbouring landholders’ access to water" Mr Durack said.

Mr Durack went on to say that, due to the current dry conditions, the Board will contact landowners with unauthorised dams requiring compliance action towards the end of February 2025 but will not start compliance actions until July 2025.

"The Board is obtaining data to identify unauthorised dams post-2020 and is inviting those with unauthorised dams constructed post-2020 to contact us" Mr Durack said.

Mr Durack said unauthorised dams requiring development approval will be referred to the Kangaroo Island Council.

“It is a simple process to apply for a permit to construct a new dam or enlarge an existing one,” Mr Durack said.

“Kangaroo Island Landscape Board staff can provide information on water available on properties for dams and can help you complete your application form. The assessment of most permit applications will be completed within two weeks.”