REC324-4316 |
12 - EM agency and authority
12 - EM agency and authority
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Resilience NSW and recovery: That, in order to enhance NSW disaster preparedness, response and recovery, and meet the needs of the people of NSW prior to, during and after a disaster, and provide clarity on agency roles and responsibilities, Resilience NSW be reshaped to ‘Recovery NSW’. The new agency will be more streamlined and agile to drive recovery in the first 100 days post disaster. To achieve this, Resilience NSW’s functions should be reallocated as follows:
• disaster preparedness and support, and disaster emergency management policy and service delivery to the newly created Deputy Commissioner of Police responsible for the SEOCON [Recovery NSW]
• community engagement and public education on disaster risk and preparations to DCS/NSWRA
• disaster recovery and renewal management and coordination to the newly created NSWRA
• evacuation centre management and coordination to the Department of Communities and Justice (DCJ), which includes support for self-styled community evacuation centres. Many of DCJ’s current functions deal with people in crisis, therefore the Inquiry finds it best placed to perform the role of evacuation centre lead. The Inquiry notes the importance of a police or security presence in evacuation centres, particularly in the early days of the establishment of the evacuation centres
• welfare services functional area (WELFAC) to the DCJ
• grants administration to the Department of Customer Service (DCS)/Service NSW for immediate relief and the NSWRA for longer term recovery and reconstruction. There should also be a renewed focus on agency, local and state government training.
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REC324-4305 |
39 - Disaster Risk Management
39 - Disaster Risk Management
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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.
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REC324-4297 |
33 - Relief and recovery
33 - Relief and recovery
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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.
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REC324-4318 |
12 - EM agency and authority
12 - EM agency and authority
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Permanent SEOCON: That, to improve NSW’s ability to prepare and respond to floods and other disasters, Government establish a new Deputy Commissioner of NSW Police Force to take on permanently the SEOCON role. This role, in addition to current SEOCON functions, would be responsible for:
• chairing the State Emergency Management Committee (SEMC)
• facilitating collaborative risk management and compliance activities working with local and regional emergency management committees, communities, local government, state government agencies, particularly the proposed NSWRA, and the Australian Government
• working with relevant state government agencies to improve their operational readiness and preparedness for emergencies including, but not limited to, training, education, and ensuring proactive understanding of the location and condition of assets available to the combat agency in the event of an emergency, rather than this information being sought during an emergency, with agencies being required to report on implementation and progress through the SEMC
• ownership of a state capability framework to ensure combat agencies can resource a catastrophic event (so, for example, that during a flood emergency SES deploys all available assets, not just assets owned by SES)
• leading training standards across combat agencies, local government, NGOs and essential service providers.
• establishing funded permanent emergency management police positions (at sergeant or senior sergeant level) focussed on local emergency management service delivery for the SEOCON across all 27 police districts in regional NSW, and the 3 police metropolitan regions in Sydney, with priority given to identified high risk-catchments
• supporting existing interstate connectivity
• State Emergency Recovery Controller (SERCON) responsibilities, which could be delegated to a recovery coordinator/s as deemed appropriate
• leading the proposed new agency, Recovery NSW.
That, to support the Deputy Police Commissioner, SEOCON, a full-time secretariat office led by a Deputy Secretary for Emergency Management be established within, though functionally separate from, NSW Police to drive policy development and implementation. This office should be well-trained to ensure the effective chairing of, and secretariat support for, the SEMC.
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REC324-4306 |
6 - Insurance and legal liability
6 - Insurance and legal liability
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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.
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REC324-4299 |
1 - Land-use and building regs
1 - Land-use and building regs
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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.
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REC324-4320 |
12 - EM agency and authority
12 - EM agency and authority
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Knowledge resources to support flood management: That, to provide more accurate and complete data for flood threat identification, warning and modelling systems, Government through the proposed new NSW Reconstruction Authority (NSWRA) work with the Australian Government to:
• improve the rain and river gauge network by:
— implementing the Bureau’s proposed New Policy Proposal for rain and river gauges in NSW
— working to transfer ownership and maintenance responsibility for as many of the river and rain gauges as possible in NSW to the Bureau of Meteorology
— upgrading and ensuring there is a maintenance program across NSW for those gauges that remain in state and local government ownership
• upgrade radar capability in NSW to ensure overlapping coverage and some redundancy, through upgrades to existing fixed radars, and investment in new fixed and mobile radars.
Also that the Government through the NSWRA:
• ensure that all relevant state entities and local councils implement the Bureau flash flooding guidelines for all watercourses for which they have flood warning responsibility, drawing on the state’s significant expertise in remote sensing to implement effective monitoring and warning systems that send warnings to all residents and businesses in affected areas
• make real-time flood warnings and information – both raw information from gauges and processed information from models – available publicly via a smartphone app (ideally part of a state disaster information app) that also allows citizens to provide information during a flood to help authorities and community. This information could include flood imagery and local knowledge observations in the lead into, during, and immediately after flood events.
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REC324-4309 |
12 - EM agency and authority
12 - EM agency and authority
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SES and RFS back-office merger: That, to help protect life and property across NSW in storm and flood events, and to improve resourcing and NSW State Emergency Service (SES) frontline capability, Government implement, before the next storm season, a merger of the SES and NSW Rural Fire Services (RFS) back-office and corporate service functions, while maintaining their separate legislative identity, brand, uniform and volunteer membership. This ‘joined-up’ RFS/SES corporate support structure would be under the command of the RFS given its corporate and operational maturity and would be responsible for:
• placing risk at the centre of all decision making and planning for catastrophic disasters
• establishing a dedicated intelligence unit that synthesises the wealth of intelligence available to inform critical decision making, particularly for flash flooding
• establishing a planning unit to help better prepare communities, NSW combat and other agencies, and local governments about upcoming flood and storm seasons
• establishing a fulltime SES position for each high-risk catchment to ensure flood identification, response assets and supporting infrastructure is serviced, operational and ready to deploy
• designing and implementing a workforce plan to identify any capacity and capability gaps in frontline emergency staff, now and into the future
• improving the hiring standards of frontline full-time staff in operational decision-making positions
• improving the support, training and retention of both frontline staff and volunteers
• improving media protocols and identifying a designated media spokesperson during a disaster.
The newly merged model should be reviewed in 12 months’ time by the SEMC.
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REC324-4300 |
1 - Land-use and building regs
1 - Land-use and building regs
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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.
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REC324-4310 |
41 - Emergency Management exercises
41 - Emergency Management exercises
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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.
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REC324-4303 |
39 - Disaster Risk Management
39 - Disaster Risk Management
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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.
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REC324-4311 |
33 - Relief and recovery
33 - Relief and recovery
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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.
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REC324-4304 |
1 - Land-use and building regs
1 - Land-use and building regs
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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.
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REC324-4296 |
1 - Land-use and building regs
1 - Land-use and building regs
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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).
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