Illegal estuary in Breamlea could cost offender 10 years in prison or $237,108

An illegal estuary has allegedly been dug out in Breamlea — an offence that can result in 10 years imprisonment.

An illegal estuary opening in the Thompson Creek estuary at Breamlea. Picture: Corangamite Catchment Management Authority

Authorities say it appears someone has allegedly been digging out an illegal estuary opening in the Thompson Creek in Breamlea, an act that can cost an offender more than $200,000 or 10 years in prison.

It is understood that the Corangamite Catchment Management Authority (CCMA) first became aware of signs of an attempted illegal estuary opening in early July.

The CCMA recently reported that the channel excavated had reached the sea, but was soon after destroyed by wild weather.

Under the Water Act 1989, the penalty for a member of the public to artificially open an estuary to the sea without authorisation is $237,108 and/or imprisonment for up to 10 years.

A CCMA spokeswoman said Thompson Creek was one of many estuaries in Victoria that alternated between being open or closed to the sea.

“These estuaries do best when left alone to operate naturally, and artificial openings under low inflow conditions can result in large scale fish death events,” she said.

“Thompson Creek estuary and surrounding beaches are also home to beach nesting birds like the hooded plover and red capped plover.

“Artificial estuary openings reduce their foraging and breeding habitat and at certain times of year can put their young at risk.”

Evidence suggests artificial estuary openings have short-term and long-term adverse impacts on environmental values.

In the short term, a single opening or repeated openings within a year can disrupt fish populations, bird habitats, vegetation, and water quality.

Long-term repeated interventions over many years can alter the ecological character of estuaries.

The activity, a CCMA spokeswoman said, may also be an offence under other state and federal government legislation such as the Aboriginal Heritage Act 2006 and the Environment Protection and Biodiversity Conservation Act 1999.

Under the usual process, once a decision is made to open an estuary, the CCMA is notified and undertakes an assessment to inform the permit holder when and how an estuary can be opened.

Surf Coast Shire acting general manager of place making and environment Dee Gomes said police had been made aware of the matter.

“We are monitoring the situation along with the CCMA, GORCAPA and Barwon Coast who

manage land in the vicinity,” she said.

In 2019, CCMA reported that a member of the public had ­attempted to illegally open the estuary also in the Thompson Creek in Breamlea, to let the creek’s water subside or to allow sea water to enter the estuary.

It is understood that no one was charged for the incident.

If anyone finds dead or dying fish in an estuary, they should contact the Environment Protection Authority on 1300 372 842.

Anyone with information regarding the Thompson Creek estuary is asked to contact CCMA on 1800 002 262 or [e-mail].

Originally published as Illegal estuary in Breamlea could cost offender 10 years in prison or $237,108