REC324-4306 |
6 - Insurance and legal liability
6 - Insurance and legal liability
|
NSW Reconstruction Authority: That, to provide rapid and effective recovery from floods (and other disasters) and to provide maximum mitigation of the impacts of future floods (and other disasters), Government establish a permanent state-wide agency, the NSW Reconstruction Authority (NSWRA) dedicated to disaster recovery, reconstruction and preparedness. The NSWRA should:
• source and acquit reconstruction funding from state, Australian Government and philanthropic sources and ensure it is distributed and spent efficiently, effectively, and equitably to get the affected communities functioning again successfully in minimum time. A disaster-preparedness funding envelope should be a permanent feature of the state’s budget (NSW Adaptation Fund) with specific drawdown arrangements negotiated as soon as a disaster occurs
• work with appropriate agencies to ensure disaster relief grants schemes are put into place quickly and ensure rapid and effective distribution of disaster relief grants
• be the clear lead agency responsible for managing and coordinating Government’s program of housing and infrastructure renewal and recovery within disaster‐affected communities, with a focus on working with community, business, state and local government partners (particularly planning, infrastructure, water and roads agencies and utilities) to deliver best practice and rapid effective expenditure of public reconstruction funds. For this it should be given appropriate authority to accelerate or override planning arrangements (in particular, local government planning, environmental and land management controls, provisions and regulations) in affected and high-risk areas and, as necessary, compulsorily acquire or subdivide land
• ensure there is appropriate project management, monitoring, evaluation and reporting of recovery implementation and associated civil engineering and public works at both a state and local level
• develop effective information flow and consultation mechanisms which ensure a clear voice in crisis but also a broader engagement process during the rebuilding phase, so all those affected in a disaster are supported, consulted and informed throughout the recovery and reconstruction process
• in line with the Government’s vision to build a more disaster-robust state, be the state’s lead agency responsible for disaster prevention. In this role, NSWRA would work collaboratively with key stakeholders (at risk communities, local government and the private, research and philanthropic sectors) to improve risk reduction and disaster adaptation particularly in high-risk areas. In particular, it should work with disaster prone communities, local government and agencies across state government to develop a State Disaster Mitigation Plan and scope, source funding for and lead special disaster-prevention and mitigation projects identified in that Plan
• contribute to Government’s objectives for the community – creating jobs, homes and a strong economy, especially in the regions, protecting the environment and building safe, caring and connected communities by:
— administering funding under disaster recovery funding arrangements and assisting local governments to achieve value for money outcomes in their reconstruction programs
— providing advice and support to local governments to maximise the effectiveness of their disaster preparedness and reconstruction programs
— coordinating disaster recovery activities that help communities recover from disasters and build their preparedness for future events.
Further, it is recommended that the NSW Reconstruction Authority be established and function under dedicated legislation [the NSW Disaster Reconstruction Act] that is modelled on the Queensland Reconstruction Authority Act. This legislation should include that:
• the Authority be allocated to a senior portfolio to maximise its convening power and its ability to respond rapidly when disaster strikes
• its CEO be a statutory appointment and be supported by an Advisory Board (maximum 7 members) comprising community, government and industry leaders with appropriate expertise and experience related to disaster response
• Special Projects be formal constructs with appropriate links to all other relevant agencies
• transition provisions transfer the activities and assets of the Northern Rivers Reconstruction Corporation with immediate effect.
|
REC324-4299 |
1 - Land-use and building regs
1 - Land-use and building regs
|
Relocating communities most at risk with good homes and amenities: That, to empower vulnerable people and communities to relocate, Government through the NSWRA:
• identify and prioritise those communities most at risk from future disasters, and for whom relocation may be appropriate or necessary
• leverage the work done through Government’s homes, cities, manufacturing and skills policies, to collaborate and work with these communities in examining, designing, building and installing affordable, attractive and insurable housing options (e.g. locally fabricated high quality modular homes, or utilising local builders to retrofit and/or relocate existing homes to safer ground) and to enable small housing developments with capacity to grow organically over time
• utilise best-practice policy for rapid urbanism and community-building to establish new settlements. This should include:
— an enquiry-by-design or charrette process led by the Government Architect to ensure that new settlements reflect the aspirations and vernacular of the local community, whilst meeting the technical needs of establishing settlements and delivering infrastructure at low cost. This should also include considering how to repurpose floodplains for community use and benefit, i.e. recreation, sports and energy production as part of the process of returning land below the flood planning level to Government ownership. It should also consider the role of locally manufactured, well-designed and regulated modular housing solutions
— promoting a sense of community by ensuring appropriate amenity (e.g. schools, shops, and services) is available to relocating people and communities at the time of moving to their new settlements
— working with the financial and philanthropic sectors to investigate a special purpose fund to provide continuing support for these communities as they transit through re-establishment.
|
REC324-4307 |
9 - Community education
9 - Community education
|
Flood education: That, to build disaster resilience in future generations as floods and other natural disasters are a fact of Australian life, the Department of Education should design, implement and deliver an evidence-based, targeted education campaign (like sun exposure) in schools (new disaster curriculum).
|
REC324-4300 |
1 - Land-use and building regs
1 - Land-use and building regs
|
Simplify the planning system disaster provisions: That, to simplify and improve the state planning processes especially when anticipating and recovering from a disaster, Government:
• ensure there is a clear line of sight directing councils and planning authorities to include disaster response and resilient settlement outcomes in long term strategic plans (Regional and District Plans as well as Local Strategic Planning Statements). This may require more prominence to be given to Planning for a more resilient NSW: A strategic guide to planning for natural hazards (Department of Planning, Industry and the Environment) as well as a clear link to the risk-based approach to hazard identification and the disaster adaptation plans
• ensure the NSWRA provides the necessary tools and advice to enable planning authorities to incorporate cumulative impacts of potential natural disasters into strategic plans. These tools should ensure the disaster adaptation plans can be given real effect in strategic plans for settlement and local planning controls
• ensure that Ministerial Directions on hazard and natural disasters (directions 4.1 and 4.6 inclusive) are updated to reflect the new risk-based approach to flood planning levels and deliver the disaster adaptation plans to the zoning process
• create specific flood planning provisions as a new chapter in the SEPP (Resilience and Hazards). These provisions would draw the existing flood planning clauses (5.21 and 5.22 in the standard instrument) up into the SEPP
• put the natural disaster clause (5.9 in the standard instrument) into a new chapter in the SEPP Resilience and Hazards, along with objectives to assist councils to use the clause to build back to more resilient standards
• update planning guidance so that wherever possible community facilities, such as might be used for evacuation centres, are located above the probable maximum flood and essential services are located above the flood planning level
• ensure that the strategic land use frameworks and related controls permit new developments only in line with the evacuation capacity both individually and cumulatively
• ensure that the strategic land use frameworks enable higher density flood resilient precincts to locate more development at or above the PMF and use a higher flood planning level to avoid catastrophic costs from extreme flooding, as well as deliver cost-effective controls for individual structures.
|
REC324-4294 |
34 - Local knowledge
34 - Local knowledge
|
Environment: That, to maximise protection for the environment in and around floodplains, Government, working with local communities especially Indigenous communities, the NSWRA, other agencies and local councils ensure Indigenous voices are well heard in land use planning and natural resource management by:
• developing an Indigenous led cultural landscape restoration strategy for the Northern Rivers for nature-based flood mitigation and adaptation which would see large-scale native revegetation and wetland restoration across the Richmond River catchment, including the Tuckean swamp • supporting Indigenous people to engage in cultural stewardship practices to build the resilience of people and Country, including the Jagun Alliance “Healing our River Country for Community and Landscape Resilience” proposal
• establishing a NSW Indigenous Natural Hazards Trust for research into and development of Aboriginal caring for Country and ‘green’ infrastructure to build back resilience in nature and community
• embedding Indigenous voices and representation in governance structures for the NSW Reconstruction Authority.
|
REC324-4310 |
41 - Emergency Management exercises
41 - Emergency Management exercises
|
Task Force Hawk: That, to ensure disaster readiness, Government establish a high-level Government standing committee, Task Force ‘Hawk’, comprising key Cabinet Ministers, Secretaries and Commissioners that meets, trains and exercises to ensure Government is prepared to respond to any emergency. Task Force ‘Hawk’ should resonate with the community in difficult times to ensure the highest level of confidence in Government’s response.
Further, to improve the preparation for and timely response to disasters, and to ensure the emergency management systems and plans are fit for purpose, effective and appropriate, within 12 months Government, via the SEOCON, ensure all emergency management processes and plans have been updated and implemented.
|
REC324-4303 |
39 - Disaster Risk Management
39 - Disaster Risk Management
|
Risk-based approach to calculating flood planning: That, to take account of greater knowledge of climate change, Government reinforce its adoption of a risk-based approach to calculating the flood planning level for planning purposes and, through the NSWRA, immediately start a process of revising all flood planning level calculations in the state’s high-risk catchments. Flood planning level re-determinations for all high-risk catchments should be completed within 3 years. These revised flood planning levels will need to be factored into all development applications (in-progress and new) in those high-risk catchments. The risk profile of high-risk catchments should be revisited at appropriate time intervals to check that levels are current. A review should take place if there has been a significant trigger event (i.e. changed rainfall, development) or at least every 5 years. As well as reviewing the flood planning level, this 5-yearly review should include reviewing any floodplain lease conditions and adjusting them as necessary in the light of better knowledge of climate change impacts. In working out a tolerable, risk-based flood planning level, consideration should be given to the PMF, 1% AEP, 0.02% AEP, existing development, approved but not yet constructed developments, and existing and approved but not yet constructed evacuation routes.
In coordinating this flood planning level re-determination process, NSWRA should work closely with local councils, DPE, communities, state water authorities and state and national engineering and research organisations. In doing so, the NSWRA should also:
• extend and then maintain the DPE state-wide flood database and associated visualisation interface. This database, which should link to LandiQ, would support:
— monitoring of the flood warning and sensing environment
— monitoring of trends in rainfall activity and impacts, including timing, cause, extent and intensity
— tracking trends and identifying patterns in associated weather and climate signals that contribute to severe floods
— evaluation of the cost and effectiveness of risk mitigation efforts, including land preparation, planning use and management, to enable a better understanding of what works
— simulation of extreme rainfall events and resultant flooding
— identification of ‘at risk’ river and catchment systems for flash flooding
— rapid and effective deployment of resources during a flash flood event
• act as the main coordination point for all NSW hydrological modelling, working with local government, other state agencies, universities, professional bodies (e.g. Engineers Australia) and the Australian Government (especially the Bureau of Meteorology and CSIRO) to improve future NSW flood risk assessment (and hence accuracy and timeliness of flood prediction) by building more formal connections between the extensive existing physical hydrological modelling (done by various NSW agencies) with the Bureau’s meteorological and climatological research and riverine flood models
• support local councils to improve modelling of and ensure adequate and appropriate alarm systems for flash flooding.
|
REC324-4295 |
11 - Evacuation and shelters
11 - Evacuation and shelters
|
Roads: That, to improve the planning and protection of road infrastructure and to ensure communities, freight movers, combat agencies and emergency services have appropriate access and egress during and following a flood event, Government, through TfNSW and NSWRA and working with combat agencies and local and federal governments as needed, should:
• develop a state-wide road evacuation plan to establish a coordinated view of evacuation routes to ensure they are well-maintained and, particularly working with the Commonwealth Government, ensure that funding is coordinated and prioritised to target upgrades where it is most needed to increase flood resilience. This plan should be informed by catchment-wide flood risk modelling
• identify and prioritise communities at high risk of flooding where access and egress will be affected (for example rural communities connected by a single road affected by landslips) to coordinate logistics options to sustain communities isolated as a result of flooding.
|
REC324-4311 |
33 - Relief and recovery
33 - Relief and recovery
|
Transition initiatives: That, to improve the community’s experience during immediate disaster recovery phase, Government through the SEOCON, NSWRA, DCS/Service NSW and other state agencies as required provide greater support (financial, health [including mental health], temporary accommodation, administrative and other support services) to affected communities by:
• minimising the number of times a person is required to relive their trauma by providing evidence or narrative of their disaster impact (for the purposes of accessing relief and support services). This includes consistent and effective referral pathways and follow up mechanisms
• looking at information sharing arrangements with the Australian Government to streamline grant identification and delivery
• partnering with affected communities and individuals to navigate and access support as soon as possible during or immediately following disaster events
• where possible, merging evacuation and recovery centres for the first 30 days post disaster. Where co location is not possible, DCS/Service NSW must have a representative present at both evacuation and recovery centres.
The Inquiry notes that clear transition initiatives are required dependent on the phase of recovery and lead agency associated – for example, the transition between the SEOCON (including DCS/Service NSW) in the immediate recovery phase to the NSWRA for the longer-term recovery. Functions that may require transition include, but are not limited to, administering grants and funding, and managing infrastructure and housing projects.
|
REC324-4304 |
1 - Land-use and building regs
1 - Land-use and building regs
|
Landholders can access information on previous disasters: That, to ensure there is a single source of ground truth to prepare for and respond to emergencies, and to provide people with a better understanding of their individual property and community risk exposure, an online visualisation tool be developed to display, for all land parcels (land titles) in NSW, the extent of known disasters that have affected each piece of land in NSW in the past. This information should be made available through the Planning Portal and, particularly in light of climate change, the data involved should be revised and updated at least every two years and after each major natural disaster.
|
REC324-4296 |
1 - Land-use and building regs
1 - Land-use and building regs
|
Caravan parks and manufactured home estates: That, to ensure that permanent residents of caravan parks and mobile housing estates are protected from flood, Government: • prohibit permanent residency in caravan parks and mobile housing estates situated below the risk-based flood planning level. Caravan parks for holiday makers could still be on the floodplain with the provision that, if a flood is imminent, they need to be evacuated • address the issues raised in the 2015 Discussion Paper (Improving the regulation of manufactured homes, caravan parks, manufactured home estates and camping grounds).
|
REC324-4305 |
39 - Disaster Risk Management
39 - Disaster Risk Management
|
Cost benefit framework:That, to enable a more systematic prioritisation of investment options in risk mitigation before, during and immediately following a natural disaster event, Government adopt and utilise a Disaster Cost Benefit Framework. This Framework will enable Government to estimate the investment required for any given disaster, starting with flood events, and will enable the fast allocation of funding based on detailed and rapid analysis of flood and property modification, mitigation, preparation, response and finance related options including:
• flood modification measures/flood defence (including dams/ water management; levees; waterway or floodplain modifications; etc)
• property modification measures/flood risk mitigation (including land filling; flood proofing; house raising; optimum zoning; removal of development (buy back schemes/relocation))
• response modification measures/flood preparation (including flood warnings; upgrading evacuation routes; evacuation planning; emergency response and education programs; flood data collection and sharing; etc)
• finance related options (including building standard reforms; restructure and reduction of stamp duty; direct subsidies; government reinsurance pools; etc)
The Framework should build on the preliminary version developed by NSW Treasury and provided to this Inquiry. To support this Framework, Government should also use the NSW Adaptation Fund that can be drawn on during or immediately following a flood event.
|
REC324-4297 |
33 - Relief and recovery
33 - Relief and recovery
|
Housing , especially social housing: That, to ease housing stress in flood prone areas and ensure new development is resilient and community-centred, Government pursue a multi-pronged, decadal strategy through:
• ensuring flood-displaced residents in emergency housing who have no safe return to home options are re-homed in more permanent settlements where community can be re-established, and that emergency housing clusters do not take on de facto permanency
• providing authoritative advice on how to reclaim and restore flood damaged houses affected by mould. This includes providing detailed advice on who is at risk from living in mould-infected houses (the immunocompromised and those with lung damage plus certain other groups) and what constitutes safe living conditions for this group
• ensuring building standards are adopted for build back after floods so that new housing stock is as flood proof and flood recoverable as possible
• investing additional state, Commonwealth and private sector monies to grow the stock of social and affordable housing
• accelerating investment by the community housing and private sectors in new social and affordable housing projects through a Government run co-contribution grant funding program
• planning for and encouraging collaborative public and private sector investment in innovative mixed-use developments in flood prone regional cities and towns that are built above ground level to be flood
• resilient, are centrally located, and increase housing diversity by providing smaller social, affordable and market dwellings
• the Government’s Expert Housing Advisory Panel providing advice on additional market interventions to improve rental affordability and ease vacancy shortages to reverse homelessness and take pressure off social housing waitlists
• fast-tracking the approval and servicing of new village developments beyond the current footprint of Lismore and other Northern Rivers towns on existing cleared agricultural land above the re-calculated flood planning level, ensuring all infrastructure including transport, retail, schools, public space and other community facilities are in situ prior to occupation
• fast-tracking planning approvals and the provision of enabling infrastructure to accelerate delivery of Aboriginal housing on Local Aboriginal Land Council land and lands owned by Native Title corporations that respects culture and kinship and supports stable accommodation pathways
• partnering with the development and community housing sectors to relocate flood prone social and affordable housing on the Hawkesbury-Nepean floodplain to new and attractive multi-use, medium density developments within the CBDs of Mount Druitt, Blacktown and other Western Sydney city centres
• under the leadership of the NSW Building Commissioner, developing a code for flood resilient, environmentally sustainable building that accounts for current and likely future supply chain disruptions and extends to modular and manufactured homes
• working with the Greater Cities Commission and regional councils to ensure future local housing strategies factor in the need for natural disaster emergency housing and promote resilient housing systems
• encouraging financial institutions and insurance companies to use pricing structures to incentivise the construction of more safely situated and resilient buildings
• supporting building industry skills growth and making building material supply chains more robust to insulate the economy from future natural disaster and other exogenous shocks
• ensuring building industry occupational health and safety regulations are enforced in the flood-affected areas rebuilding programs.
|