Inquiry Search
Rec-ID | Code | Recommendation |
---|---|---|
REC325-4322 | 24 - Govt responsibility | The Inspector-General of Emergency Management recommends the Dam Safety Regulator review the Emergency Action Plan for Referable Dam Guideline with particular regard to the distinction between the process required by a flood event as compared to a dam failure event by 1 November 2023. The Emergency Action Plan for Referable Dam Guideline review will be informed by a discussion, facilitated by the Dam Safety Regulator, between dam owner Seqwater, the Brisbane City Council Flood Information Centre, the Brisbane Local Disaster Management Group and the Brisbane District Disaster Management Group. The purpose of the facilitation is to achieve inter-agency understanding of warning and notification responsibilities. The reviewed Emergency Action Plan for Referable Dam Guideline should be published, promoted and shared via a stakeholder engagement exercise with Queensland’s referable dam owners, disaster management stakeholders including local disaster management groups and district disaster management group. |
Rec-ID | Code | Recommendation |
---|---|---|
REC319-4200 | 33 - Relief and recovery | Foundations of emergency management: The Inspector-General for Emergency Management recommends that Emergency Management Victoria and the entity referred to in Recommendation 13, or otherwise responsible government department – in consultation with the emergency management sector – establish policies and platforms to improve operational and personal information sharing between relief and recovery organisations. These policies and platforms should enable: |
REC319-4187 | 33 - Relief and recovery | Recovery governance: The Inspector-General for Emergency Management recommends that the entity referred to in Recommendation 13, or otherwise responsible government department, work with councils, relevant recovery organisations and communities to develop clear roles and responsibilities for: |
REC319-4189 | 33 - Relief and recovery | Donated good: The Inspector-General for Emergency Management recommends that Emergency Management Victoria and the entity referred to in Recommendation 13, or otherwise responsible government department: |
REC319-4195 | 33 - Relief and recovery | Relief and recovery funding: The Inspector-General for Emergency Management recommends that the entity referred to in Recommendation 13, or otherwise responsible government department, leads the development of a comprehensive, person-centred, trauma-informed recovery financial assistance system that establishes: |
REC319-4196 | 33 - Relief and recovery | Relief and recovery funding: The Inspector-General for Emergency Management recommends that the entity referred to in Recommendation 13, or otherwise responsible government department, works with the emergency management sector to develop a recovery funding model that enables: |
REC319-4198 | 33 - Relief and recovery | Relief and recovery capability: The Inspector-General for Emergency Management recommends that the Department of Jobs, Precincts and Regions works with the entity referred to in Recommendation 13, or otherwise responsible government department and/or Municipal Association of Victoria, councils and local relief and recovery organisations to provide centralised capability development opportunities to increase local capability and capacity to plan and deliver on their relief and recovery responsibilities: |
Rec-ID | Code | Recommendation |
---|---|---|
REC317-4056 | 24 - Govt responsibility | Australian Government agencies should work together across all phases of disaster management. |
REC317-4104 | 33 - Relief and recovery | Australian, state and territory governments should refine arrangements to support localised planning and the delivery of appropriate mental health services following a natural disaster. |
REC317-4101 | 24 - Govt responsibility | Australian, state and territory governments should develop national air quality forecasting capabilities, which include broad coverage of population centres and apply to smoke and other airborne pollutants, such as dust and pollen, to predict plume behaviour. |
REC317-4119 | 33 - Relief and recovery | The Australian Government, through the mechanism of the proposed standing national recovery and resilience agency, should convene regular and ongoing national forums for charities, non-government organisations and volunteer groups, with a role in natural disaster recovery, with a view to continuous improvement of coordination of recovery support. |
REC317-4054 | 24 - Govt responsibility | Australian, state and territory governments should establish an authoritative advisory body to consolidate advice on strategic policy and relevant operational considerations for ministers in relation to natural disasters. |
REC317-4075 | 6 - Insurance and legal liability | The Australian Government should afford appropriate legal protections from civil and criminal liability to Australian Defence Force members when conducting activities under an authorisation to prepare for, respond to and recover from natural disasters. |
REC317-4078 | 24 - Govt responsibility | Australian, state and territory governments should adopt procurement and contracting strategies that support and develop a broader Australian-based sovereign aerial firefighting industry. |
REC317-4066 | 2 - Emergency powers | The Australian Government should make provision, in legislation, for a declaration of a state of national emergency. The declaration should include the following components: |
REC317-4118 | 33 - Relief and recovery | Australian, state and territory governments should create a single national scheme for the regulation of charitable fundraising. |
REC317-4053 | 24 - Govt responsibility | Australian, state and territory governments should restructure and reinvigorate ministerial forums with a view to enabling timely and informed strategic decision-making in respect of: |
REC317-4127 | 33 - Relief and recovery | Australian, state and territory governments should incorporate the principle of ‘build back better’ more broadly into the Disaster Recovery Funding Arrangements. |
REC317-4073 | 24 - Govt responsibility | State and territory governments should take steps to ensure that there is better interaction, planning and ongoing understanding of Australian Defence Force capabilities and processes by state and territory fire and emergency service agencies and local governments. |
REC317-4117 | 33 - Relief and recovery | State and territory governments should develop and implement efficient and effective arrangements to: |
REC317-4126 | 33 - Relief and recovery | Australian, state and territory governments should expedite the development of pre-agreed recovery programs, including those that address social needs, such as legal assistance domestic violence, and also environmental recovery. |
REC317-4069 | 24 - Govt responsibility | State and territory governments should update and implement the National Framework to Improve Government Radio Communications Interoperability, or otherwise agree a new strategy, to achieve interoperable communications across jurisdictions. |
REC317-4081 | 18 - Access to fire ground | State and territory governments should provide information to the public on the closure and opening of roads. Information should be provided in real-time, or in advance based on predictions, where possible. |
REC317-4116 | 33 - Relief and recovery | Governments should create and publish standing policy guidance on whether they will or will not assist to clean-up debris, including contaminated debris, resulting from natural hazards. |
REC317-4131 | 24 - Govt responsibility | Each state and territory government should establish an independent accountability and assurance mechanism to promote continuous improvement and best practice in natural disaster arrangements. |
REC317-4124 | 6 - Insurance and legal liability | In reviewing the Disaster Recovery Funding Arrangements, Australian, state and territory governments should examine the small disaster criterion, and financial thresholds generally. |
REC317-4058 | 24 - Govt responsibility | The Australian Government should enhance national preparedness for, and response to, natural disasters, building on the responsibilities of Emergency Management Australia, to include facilitating resource sharing decisions of governments and stress testing national disaster plans. |
REC317-4080 | 18 - Access to fire ground | State and territory governments should include road closure and opening information on all roads within their borders on public apps. |
REC317-4113 | 6 - Insurance and legal liability | The insurance industry, as represented by the Insurance Council of Australia, working with state and territory governments and other relevant stakeholders, should produce and communicate to consumers clear guidance on individual-level natural hazard risk mitigation actions insurers will recognise in setting insurance premiums. |
REC317-4123 | 24 - Govt responsibility | Australian, state and territory governments should ensure that personal information of individuals affected by a natural disaster is able to be appropriately shared between all levels of government, agencies, insurers, charities and organisations delivering recovery services, taking account of all necessary safeguards to ensure the sharing is only for recovery purposes. |
REC317-4122 | 33 - Relief and recovery | Australian, state and territory and local governments should evaluate the effectiveness of existing financial assistance measures to inform the development of a suite of pre-effective pre-determined recovery supports. |
Rec-ID | Code | Recommendation |
---|---|---|
REC310-2488 | 33 - Relief and recovery | The basic capacity needs of each functional recovery group and how this can be scaled up should be identified. Plans for functional recovery groups should reflect this in clear statements for every level of the system, for all relevant entities about their required function, role and responsibilities during recovery. |
REC310-2485 | 33 - Relief and recovery | Recovery plans at all levels should include transition arrangements. They should be implemented during recovery. The arrangements should: |
REC310-2484 | 33 - Relief and recovery | There remains a need to maximise the effect of all offers of assistance to recovering communities. This recommendation presents an opportunity to resolve any outstanding aspects of Recommendation 4 and Actions in Response from the Cyclone Debbie Review Action Plan: |
Rec-ID | Code | Recommendation |
---|---|---|
REC309-2468 | 33 - Relief and recovery | State Government agencies with key roles and responsibilities around disaster recovery provide increased support in the development of recovery at the local level (pre-event). |
Rec-ID | Code | Recommendation |
---|---|---|
REC308-2461 | 24 - Govt responsibility | A strategy should be developed between the key tourism and transport operators, and local and state government. It should address the arrival of visitors and tourists after a disaster, and should ensure that their arrival matches communities’ needs for recovery and return to normal business. The Department of Tourism, Major Events, Small Business and the Commonwealth Games should monitor its implementation. |
REC308-2463 | 6 - Insurance and legal liability | Principles, applicable to all tourist budgets, covering liabilities for costs and shelter in the event of evacuation should be developed and promulgated as part of tourism marketing. |
Rec-ID | Code | Recommendation |
---|---|---|
REC307-2433 | 24 - Govt responsibility | To make planned burning and land clearing easier to understand and implement for landholders, a single point of contact for all bushfire mitigation inquiries and permits should be established. |
Rec-ID | Code | Recommendation |
---|---|---|
REC304-2405 | 24 - Govt responsibility | Retain the Bushfires Council as a Ministerial advisory body. |
Rec-ID | Code | Recommendation |
---|---|---|
REC002-4013 | 19 - Offences | Infringement of the regulations by either party should be followed by a summary form of justice, instituted before two Magistrates. |
REC002-4002 | 19 - Offences | Where safety-lamps are necessary - gas being present for (say) one month after being found in dangerous quantity - they should be securely locked by a man duly appointed, and tampering with them must be punishable by a simple and inexpensive process of law. |
Rec-ID | Code | Recommendation |
---|---|---|
REC281-1207 | 33 - Relief and recovery | Communicating in Recovery: The Office of Emergency Management: · considers the development of a communications and engagement strategy for major disaster events · progresses the development of the ‘Communicating In Recovery’ Guideline in the Local Recovery Toolkit. |
REC281-1206 | 33 - Relief and recovery | Transition from Response to Recovery: That Region Emergency Management Committees meet post event to: · consider available impact data · determine the need to establish a Recovery Committee · document the rationale for the decision · advise the Office of Emergency Management of the decision. |
REC281-1204 | 33 - Relief and recovery | Transition from Response to Recovery That the Office of Emergency Management, in consultation with the NSW Police Force Emergency Management Unit develops a template for handover of the Response to Recovery Phase of an emergency. |
Rec-ID | Code | Recommendation |
---|---|---|
REC267-1160 | 33 - Relief and recovery | Transition from Response to Recovery |
REC267-1151 | 24 - Govt responsibility | Government Communications Coordination |
REC267-1156 | 33 - Relief and recovery | Streamlining NDRRA Grants Processes |
REC267-1155 | 33 - Relief and recovery | MP Recovery Reference Group |
REC267-1148 | 33 - Relief and recovery | Planning for Recovery Centres Recovery Centres are a proven means of providing support to affected communities. More comprehensive recovery planning is needed at local levels, including the identification of potential Recovery Centre sites in Local EM Plans to help facilitate streamlined establishment of the Centres in future events. Consideration should be given to developing a clear set of standard messaging regarding |
REC267-1163 | 33 - Relief and recovery | Corrections Volunteer Labour Teams |
REC267-1161 | 33 - Relief and recovery | VIP Visits |
Rec-ID | Code | Recommendation |
---|---|---|
REC265-1126 | 33 - Relief and recovery | Development of a template contract for the clean-up of affected properties to speed-up the process; |
REC265-1125 | 33 - Relief and recovery | Consultation with the Board of the Lord Mayor’s Distress Relief Fund and other disaster appeal organisers should be undertaken to determine the potential for software development to consolidate the application and approval process, including provision of templates and application forms; |
REC265-1122 | 18 - Access to fire ground | DFES, in consultation with bushfire volunteers should develop a procedure for the controlled entry and exit of volunteers to the fire ground |
REC265-1119 | 24 - Govt responsibility | Relevant policies and Westplans should be amended to require that full consultation occurs between the Controlling Agency and the Department for Child Protection and Family Support regarding the location of the evacuation centre(s) in a bushfire incident. |
REC265-1121 | 18 - Access to fire ground | A Restricted Access Permit system for the entry/ re-entry of residents, based on the one developed for the Parkerville Stoneville Mt Helena Bushfire should be finalised. |
REC265-1127 | 33 - Relief and recovery | Consultation should be undertaken with agencies and organisations that are engaged in emergency welfare provision to identify more effective ways to provide a consistent message to the community that non-cash donations are not required. |
Rec-ID | Code | Recommendation |
---|---|---|
REC259-1047 | 6 - Insurance and legal liability | That the insurance industry be asked to include in its “Code of Practice” the need to consult policy holders in bushfire prone areas on the issue of Bushfire Attack Level (BAL). This will ensure, to some extent, that policy holders insure their properties to a level commensurate with building costs under a variety of building standards and requirements.(For checking with RFS). |
REC259-1046 | 33 - Relief and recovery | That prior to the commencement of any major clean-up, firm policy be established and made known to the extent to which material removal will be the responsibility of the home owner, the Council or the State led recovery effort. |
REC259-1043 | 33 - Relief and recovery | That a single victim registration form be designed, which captures all relevant details required for use by any support agency both in the Response Phase at Evacuation centres and during the Recovery Phase. That such documents when completed form part of a wider database which can be accessed by all relevant agencies |
Rec-ID | Code | Recommendation |
---|---|---|
REC238-0806 | 33 - Relief and recovery | Review the adequacy of current arrangements for infrastructure reconstruction following a major flood event in the Hawkesbury-Nepean Valley. |
REC238-0805 | 33 - Relief and recovery | Develop a Hawkesbury-Nepean Flood Recovery Plan, which identifies strategies and arrangement for recovery from severe floods in the Hawkesbury-Nepean Valley. |
REC238-0799 | 18 - Access to fire ground | Develop and implement a program of cost-effective road improvement works that can enhance flood evacuation capacity in the short-medium term. |
Rec-ID | Code | Recommendation |
---|---|---|
REC233-1596 | 24 - Govt responsibility | Department of Broadband, Communications and the Digital Economy to review the content of the Government’s digital business website at www.digitalbusiness.gov.au and liaise with the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education, which manages the www.business.gov.au, to ensure these business advice sites provide appropriate information regarding business continuity planning in the event of telecommunications outages. |
Rec-ID | Code | Recommendation |
---|---|---|
REC226-0571 | 24 - Govt responsibility | A review of the manner in which resourcing is conducted across all agencies needs to occur with a review identifying the best manner to ensure all agencies adapt to the same process. |
REC226-0598 | 33 - Relief and recovery | When communities are grieving there is a need to provide special forms of support to affected residents. |
REC226-0568 | 24 - Govt responsibility | State-wide all agency reporting should be established to facilitate the interactions of emergency management agencies, support agencies and governments. |
REC226-0596 | 33 - Relief and recovery | An early decision on relief funding enables timely responses. D CP should review their communication of relief arrangements to ensure that they are clear. |
REC226-0595 | 33 - Relief and recovery | Shire experiences in managing these traumatic events should be captured and passed into emergency management procedures. |
REC226-0594 | 33 - Relief and recovery | Procedures to resolve issues surrounding financial assistance need to be reviewed to ensure they are as smooth, fast and transparent as possible possible. Review and streamline current financial relief procedures. |
REC226-0581 | 24 - Govt responsibility | Increased acceptance of mutual obligations will be fundamental to the management of fire risk across the state |
Rec-ID | Code | Recommendation |
---|---|---|
REC225-0535 | 2 - Emergency powers | DFES or DEC (depending on land tenure) is mandated to take over control of emergency incidents from Local Government once they have been declared Level 2 incidents. WESTPLAN BUSHFIRE and legislation to be amended accordingly. |
Rec-ID | Code | Recommendation |
---|---|---|
REC215-1880 | 24 - Govt responsibility | Regulators can help to achieve improved outcomes by involving fire services in the planning and licensing processes |
Rec-ID | Code | Recommendation |
---|---|---|
REC210-0754 | 2 - Emergency powers | As part of the longer term review of the Manual of Operational Procedures for Flood Mitigation at Wivenhoe Dam and Somerset Dam the Queensland Government should consider whether the dam operators should be able to extend the drawdown of the lake beyond seven days in order to reduce downstream bank slumping |
REC210-0715 | 24 - Govt responsibility | The Queensland Government should prepare a procedural guide for officers deciding whether to grant a relaxation of environmental authority conditions, by transitional environmental program or otherwise, with guidance as to: • the meaning of each criterion • examples of the types of things that may be relevant to each criterion • the priority, if any, to be afforded to different criteria. |
REC210-0745 | 24 - Govt responsibility | The Queensland Government should ensure that all flood mitigation manuals include the requirement that those operating the dam during flood events hold current registrations as professional engineers. |
REC210-0701 | 6 - Insurance and legal liability | Letters notifying policy-holders that their claims have been denied should, at a minimum, state the information upon which the insurer has relied in making the decision. These letters should also advise policy-holders that copies of the information will be made available upon request (in accordance with clause 3.4.3 of the General Insurance Code of Practice) and indicate how policy-holders can make a request. |
REC210-0681 | 19 - Offences | Councils and distributor-retailers should agree to protocols for the exchange of information about suspected illegal connections, the steps being taken to investigate them or the basis for concluding that no investigation is required, and the results of any investigations or enforcement actions. |
REC210-0764 | 24 - Govt responsibility | The Department of Transport and Main Roads, in conjunction with Brisbane City Council and Somerset Regional Council, should investigate options for the upgrade of Brisbane River crossings between Wivenhoe Dam and Colleges Crossing and undertake a cost-benefit analysis of these to determine the outcome which best serves the public interest. |
REC210-0727 | 2 - Emergency powers | The Disaster Management Act 2003 should be amended to give the chief executive of the department administering the Act (or his or her delegate) the authority to appoint an officer of Emergency Management Queensland to direct SES operations in extraordinary circumstances |
REC210-0713 | 24 - Govt responsibility | The Queensland Government should refine the criteria which must be considered in assessment of applications for relaxation of environmental authority conditions, by transitional environmental program or otherwise, in response to flood. |
REC210-0742 | 24 - Govt responsibility | The Queensland Government should ensure that, when it considers options for the operational strategies to |
REC210-0700 | 6 - Insurance and legal liability | Insurers should review their existing systems and processes and implement any improvements necessary to ensure that accurate and complete records of conversations with policy-holders are made. |
REC210-0753 | 24 - Govt responsibility | The Department of Environment and Resource Management should prepare formal work procedures for the review of flood event reports created under emergency action plans and flood mitigation manuals. These should include procedures for: • making enquiries with the owners of referable dams that have catchments that have been subject to heavy rainfall (or where there is other reason to believe the emergency action plan has been triggered) as to whether the emergency action plans have been triggered • reminding owners of referable dams that have had emergency action plans triggered of their obligation to submit a flood event report • upon receipt of a flood event report, reviewing it, identifying any dam safety or other issues or areas where insufficient detail has been provided, raising those matters with the dam owner or other affected party and identifying appropriate remedial steps 28 Queensland Floods Commission of Inquiry | Final Report Complete list of Final Report recommendations • raising any issues identified in the report that are beyond the expertise of the Department of Environment and Resource Management, or are likely to be of particular interest to another body, with the appropriate body • keeping a record of the process and results of the review of the flood event report • fixing an appropriate timeline for the completion of each of the above steps: the time required may depend on specific circumstances, but must allow for any potential safety issues to be identified and remedied efficiently. |
REC210-0620 | 24 - Govt responsibility | The Queensland Government should determine whether existing guidelines are sufficient for councils to understand best practice in the performance of flood studies and the production of flood maps. If a lack of current guidelines is identified, the government should create and circulate guidance material for councils. |
REC210-0747 | 6 - Insurance and legal liability | Seqwater should ensure a legal review of the Wivenhoe manual and the North Pine manual is completed before the manual is submitted for approval. |
REC210-0711 | 24 - Govt responsibility | Unless the Department of Environment and Resource Management has decided not to permit discharges, it should assist each mine operator in its application for an environmental authority to ensure, as far as possible, that each authority includes provisions for discharges during times of heavy rainfall and flood. |
REC210-0720 | 24 - Govt responsibility | The Queensland Government should determine which of its agencies should take responsibility for the management of all existing and new abandoned mine sites in Queensland. |
REC210-0752 | 24 - Govt responsibility | Prior to approving a flood mitigation manual, the Queensland Government should be satisfied that its terms are expressed in a manner that allows a determination of compliance with it to be made by reference to objective standards. |
REC210-0619 | 24 - Govt responsibility | In the event that the review does not adequately account for Queensland conditions, the Queensland Government should produce a document that provides appropriate guidelines for floodplain management in the Queensland context. |
REC210-0735 | 6 - Insurance and legal liability | The Crime and Misconduct Commission should investigate whether the conduct of Mr Tibaldi, Mr Ayre and Mr Malone relating to: • preparation of documents surrounding the January 2011 flood event, including the 17 January 2011 brief to the Minister, the 2 March 2011 flood event report, and statements provided to the Commission • oral testimony given to the Commission evidences offence/s against the Criminal Code, and/or official misconduct under the Crime and Misconduct Act 2001 committed by any, or all, of them. |
REC210-0710 | 24 - Govt responsibility | The Department of Environment and Resource Management should assist mine operators in their applications for amended environmental authorities to ensure, as far as possible, that each environmental authority contains a tailored version of Table 4 of the model conditions. The Department of Environment and Resource Management should provide to mining companies its monitoring data and its suggested values for Table 4 on the basis of an assessment of the catchment which takes into account the cumulative effect of different operators’ releases. |
REC210-0774 | 24 - Govt responsibility | The Department of Environment and Resource Management and Emergency Management Queensland should ensure that each has copies of current emergency action plans for all dams in Queensland. |
REC210-0718 | 24 - Govt responsibility | The Queensland Government should make public the procedural guide used by Department of Environment and Resource Management officers to decide whether to grant an emergency direction. |
REC210-0751 | 24 - Govt responsibility | The Queensland Government should continue to assess and review the adequacy of work procedures DS 5.1 and 5.3, having regard to the need for flood mitigation manuals to reflect the will of the executive. |
REC210-0618 | 24 - Govt responsibility | The Queensland Government should endeavour to ensure that Queensland conditions are appropriately considered in the National Flood Risk Advisory Group’s review of best practice principles. |
REC210-0699 | 6 - Insurance and legal liability | When a policy-holder makes a claim, the insurer should ascertain the policy-holder’s preferred method of contact and ensure that it is used (with other modes of communication if necessary) to keep the policyholder informed about the progress of the claim. However, important decisions regarding the claim – for example, determinations about the outcome of the claim and settlement sums – should always be confirmed in writing. |
REC210-0703 | 6 - Insurance and legal liability | The Insurance Council of Australia should amend clause 3.4.3 of the General Insurance Code of Practice so that it requires insurers to inform policy-holders of their right to request a review of an insurer’s decision to refuse to provide access to information on which it relied in assessing claims. |
REC210-0707 | 24 - Govt responsibility | The Department of Environment and Resource Management should conduct risk assessments in time for site inspections, and the implementation of solutions to problems identified at inspections, to take place before 1 November of each year. |
REC210-0771 | 24 - Govt responsibility | The Queensland Government should, in consultation with the Department of Environment and Resource Management and Emergency Management Queensland, determine which agency is appropriate to review and approve emergency action plans for referable dams. |
REC210-0761 | 2 - Emergency powers | The Queensland Government should consider whether to empower Seqwater, through the flood operations centre, to direct CS Energy to stop or delay releases from Splityard Creek Dam where a flood event is declared under the Manual of Operational Procedures for Flood Mitigation at Wivenhoe Dam and Somerset Dam. |
REC210-0716 | 24 - Govt responsibility | The Queensland Government should make public the procedural guide used by Department of Environment and Resource Management officers to decide whether to grant a transitional environmental program. |
REC210-0748 | 24 - Govt responsibility | The Queensland Government should consider whether North Pine Dam should be operated as a flood mitigation dam when it considers possible operating strategies and full supply levels as part of the longer term review of the Manual of Operational Procedures for Flood Mitigation at North Pine Dam. |
REC210-0686 | 6 - Insurance and legal liability | SunWater and the Central Highlands Regional Council should determine the issues of ownership and responsibility for maintenance of the LN1 drain system in Emerald. |
REC210-0702 | 6 - Insurance and legal liability | The Insurance Council of Australia should consider an amendment to Part 3 of the code which requires insurers to notify policy-holders of the information on which they relied in assessing claims. |
REC210-0706 | 24 - Govt responsibility | The Department of Environment and Resource Management should prepare a list of relevant considerations to be taken into account in performing a risk assessment to decide which sites to inspect. Bureau of Meteorology forecasts should be one consideration. |
REC210-0765 | 24 - Govt responsibility | As part of the longer term review of the Manual of Operational Procedures for Flood Mitigation at Wivenhoe Dam and Somerset Dam, the Queensland Government should consider the impact of possible upgrades of bridges downstream of Wivenhoe Dam on different operating strategies for the dam. |
Rec-ID | Code | Recommendation |
---|---|---|
REC209-1660 | 24 - Govt responsibility | Better alignment between divisions within DNRETAS be achieved through the development of an integrated strategy that addresses the combined objectives of weed management, land management, carbon farming and biodiversity management using fire across the Territory. |
REC209-1676 | 19 - Offences | Increase the emphasis on the issuing of infringement notices to reinforce the responsibilities of landholder’s in the management of bushfires in the Territory. |
REC209-1654 | 24 - Govt responsibility | That the Director Bushfires NT NOT be appointed as a member of Council. |
Rec-ID | Code | Recommendation |
---|---|---|
REC203-0289 | 18 - Access to fire ground | There needs to be a better appreciation of the role of Vehicle Control Points (VCPs) and how they are managed in bushfire emergencies by all key agencies and the community |
REC203-0292 | 18 - Access to fire ground | There is a need for community education on how road-blocks and VCPs operate in the event of an emergency. |
REC203-0291 | 18 - Access to fire ground | Local knowledge should be accessed to inform the placement and operation of VCPs. |
REC203-0308 | 33 - Relief and recovery | Early resolution and clear communication of the financial and other support measures that will be available to affected residents is an important contributor to community resilience. |
REC203-0290 | 18 - Access to fire ground | VCPs are one of the instruments by which the Incident Controller manages the emergency. VCPs without communications cannot be fully effective in their role. Determine and implement an appropriate communications platform for emergency management |
Rec-ID | Code | Recommendation |
---|---|---|
REC187-2952 | 6 - Insurance and legal liability | That lending institutions remind mortgagors annually of their obligations to hold home insurance and of the risks of under-insurance in order to minimise non-insurance and under-insurance of homes. |
REC187-2968 | 6 - Insurance and legal liability | That the Government give priority to introducing legislation necessary to ensure that all home, contents and home unit insurance policies include flood cover and to establish a new national agency for flood risk management and flood reinsurance purposes. |
REC187-2919 | 6 - Insurance and legal liability | That all home insurance, home contents and home unit insurance policies include flood cover. |
REC187-2935 | 6 - Insurance and legal liability | That flood premium discounts not be provided to small businesses and that the reinsurance facility not offer reinsurance for small businesses. |
REC187-2957 | 6 - Insurance and legal liability | That the Commonwealth Government introduce a standard definition of flood in the form proposed in the ‘Reforming flood insurance: Clearing the waters’ consultation paper. |
REC187-2924 | 6 - Insurance and legal liability | That whenever flood cover is included in home building insurance policies: |
REC187-2940 | 6 - Insurance and legal liability | That for home contents insurance policies, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $100,000. For contents with a value greater than $100,000 policyholders then pay the full cost of the portion of risk exceeding $100,000. |
REC187-2962 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend clause 4.5 of the General Insurance Code of Practice to extend the time within which claimants in natural disasters have the right to make further claims or lodge reviews after the finalisation of an initial claim to seven months from the date of the relevant natural disaster, regardless of when the initial claim was finalised. |
REC187-2929 | 6 - Insurance and legal liability | That all home unit insurance policies include flood cover, in the same manner as for homes. |
REC187-2945 | 6 - Insurance and legal liability | That to facilitate flood risk information being made publicly available, Commonwealth, State and Territory governments grant indemnities to the providers of flood risk information if the information is obtained and provided in good faith and in the absence of any gross negligence. |
REC187-2951 | 6 - Insurance and legal liability | That access to insurance be enhanced through the development of alternative payment options, in particular: |
REC187-2967 | 6 - Insurance and legal liability | That the current formula for the cost of rebuilding of State and Territory assets under the Natural Disaster Relief and Recovery Arrangements be changed to expenditure before any insurance recoveries by the State or Territory rather than net of any insurance recoveries. |
REC187-2934 | 6 - Insurance and legal liability | That all insurers offering small business insurance be obliged to include flood cover on an opt-out basis, instead of an opt-in/opt-out basis as at present, in all of their small business package policies. |
REC187-2956 | 6 - Insurance and legal liability | That a ‘health warning’ be provided by insurers to the purchasers of home and contents policies that do not include full flood cover or full replacement cover. The health warning should be provided: |
REC187-2923 | 6 - Insurance and legal liability | That home building and home contents insurance should not be made compulsory. |
REC187-2939 | 6 - Insurance and legal liability | That for body corporate insurance policies receiving full discounts, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $500,000 times the number of units. For properties with a value greater than $500,000 times the number of units policyholders then pay the full cost of the portion of risk exceeding $500,000 times the number of units. |
REC187-2961 | 6 - Insurance and legal liability | That the Insurance Council of Australia repeal clauses 4.3 and 4.4 of the General Insurance Code of Practice, so that claims arising from natural disasters are subject to the same minimum standards as other claims — including the four month time limit for a determination on liability and the nature of the loss/damage with respect to the claim. |
REC187-2928 | 6 - Insurance and legal liability | That there be limitations on the size of the discount available to high-value homes. |
REC187-2944 | 6 - Insurance and legal liability | That the Commonwealth seek reimbursement of some portion of the shortfall from the State or Territory government in whose jurisdiction the flood occurred. |
REC187-2966 | 6 - Insurance and legal liability | That the Commonwealth and State governments provide funding for legal advice and assistance with insurance disputes following natural disasters. |
REC187-2933 | 6 - Insurance and legal liability | That discounts be provided, in the same manner as for homes, to home contents insurance policies for eligible properties. |
REC187-2950 | 6 - Insurance and legal liability | That the Commonwealth engage with the insurance industry and the States and Territories in planning for the future coordination of charitable and government payments to individuals to assist with recovery after future natural disasters. |
REC187-2955 | 6 - Insurance and legal liability | That, in endorsing the Government proposal for a Key Facts Statement, the Key Facts Statement list replacement cover and all natural disaster events, identified as ‘standard cover’ in the Insurance Contracts Regulations 1985. That insurers issue a Key Facts Statement to policy holders with all new policies written and all policy renewals on an annual basis. |
REC187-2922 | 6 - Insurance and legal liability | That all home building insurance policies include flood cover. |
REC187-2938 | 6 - Insurance and legal liability | That for home building insurance policies receiving full discounts, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $500,000. For properties with a value greater than $500,000 policyholders then pay the full cost of the portion of risk exceeding $500,000. |
REC187-2960 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend the Code of Practice to impose a four month time limit (subject to exceptional circumstances) to make a determination as to liability and the nature of the loss or damage with respect to a claim. That, should a claimant not receive a determination within the four month period, the claim be automatically escalated to an internal dispute resolution complaint and the insurer notify the Code Compliance Committee of the breach of the Code. |
REC187-2927 | 6 - Insurance and legal liability | The levels of the discounts and the phasing out periods be reviewed from time to time. |
REC187-2943 | 6 - Insurance and legal liability | That the Commonwealth Government guarantee payment of claims from the reinsurance pool by ensuring that, whenever a funding shortfall occurs in the pool through claims exceeding the funds held in the pool, the Commonwealth would meet the shortfall. |
REC187-2965 | 6 - Insurance and legal liability | That ASIC conduct a review of the General Insurance Code of Practice three years after the amendments recommended to the Code in this Review are implemented, in order to assess the effectiveness of the Code with a view to determining whether an ASIC Regulatory Guide for claims handling should then be introduced. |
REC187-2932 | 6 - Insurance and legal liability | That all home contents insurance policies include flood cover. |
REC187-2949 | 6 - Insurance and legal liability | That all home, contents and home unit insurance policies cover the policyholder for storm surge, tsunami and landslide, where the storm surge, tsunami or landslide is the result of another event that is covered under the policy and regardless of whether the insured property directly suffers damage from the underlying insured event. |
REC187-2954 | 6 - Insurance and legal liability | That subsection 35(2) of the Insurance Contracts Act 1984 be amended so that policyholders are not deemed to be clearly informed of a deviation from ‘standard cover’ by simply being provided a copy of the insurance policy or product disclosure statement. |
REC187-2921 | 6 - Insurance and legal liability | The Commonwealth Government guarantee the payment of claims by ensuring that, whenever a funding shortfall occurs in the reinsurance facility through claims exceeding the funds held in the facility, the Commonwealth would meet the shortfall and the Commonwealth would seek reimbursement of a portion of the shortfall from the State or Territory government in whose jurisdiction the flood occurred. |
REC187-2937 | 6 - Insurance and legal liability | That flood premium discounts be delivered through a model that requires insurers to retain and price a portion of the risk with the remainder to be ceded to the reinsurance facility at a discounted reinsurance premium. |
REC187-2959 | 6 - Insurance and legal liability | That every APRA-authorised general insurer adopt and comply with the General Insurance Code of Practice. |
REC187-2926 | 6 - Insurance and legal liability | That flood premium discounts be provided for home building insurance for eligible homes: |
REC187-2942 | 6 - Insurance and legal liability | That a flood risk reinsurance facility, or reinsurance pool, be established which would have two primary functions: |
REC187-2964 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend the General Insurance Code of Practice such that the General Insurance Code Compliance Committee: |
REC187-2931 | 6 - Insurance and legal liability | That the definition of a home for the purposes of flood cover and flood premium discounts be any building for which a homeowner purchases a home insurance policy. |
REC187-2948 | 6 - Insurance and legal liability | That: |
REC187-2953 | 6 - Insurance and legal liability | That all home building insurance policies providing sum insured cover be modified by the end of 2014 so as to include replacement value cover in the event of total loss of the home. That during the transition period insurers consider how the design features of home building replacement value policies should respond following a natural disaster, including the conditions under which cash settlements are to be offered and finalised. |
REC187-2920 | 6 - Insurance and legal liability | That a system of premium discounts be introduced in order that most purchasers of home insurance, home contents and home unit insurance policies in areas subject to flood risk be eligible for discounts against the full cost of flood insurance. |
REC187-2936 | 6 - Insurance and legal liability | That the questions of flood cover as standard in small business policies and access to discounted premiums for small business policyholders should be revisited once the recommended arrangements for homes, home units and home contents are in place. |
REC187-2958 | 6 - Insurance and legal liability | That, in order to give general insurance policyholders the same legal remedies as other consumers, unfair contract terms laws be applied to general insurance. |
REC187-2925 | 6 - Insurance and legal liability | That the following five principles underpin the design of a system of premium discounts: |
REC187-2941 | 6 - Insurance and legal liability | That homes at high and extreme risk of flood be provided with discounts initially and that they be assessed regularly for mitigation work already undertaken and the potential for further mitigation. |
REC187-2963 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend the General Insurance Code of Practice to require that: |
REC187-2930 | 6 - Insurance and legal liability | That flood premium discounts be provided, in the same manner as for homes, to the bodies corporate of eligible properties, and on the same basis as for detached homes. |
REC187-2947 | 6 - Insurance and legal liability | That the Agency charge insurers a small administrative fee for each policy ceded to the reinsurance facility. |
Rec-ID | Code | Recommendation |
---|---|---|
REC181-0204 | 2 - Emergency powers | The State amend the Country Fire Authority Act 1958 to enable the Chief Officer to delegate the power to issue fire prevention notices. |
REC181-0169 | 18 - Access to fire ground | The Country Fire Authority provide to all CFA volunteers an identification card or similar to facilitate their passage through roadblocks established in accordance with the 2009 Guidelines for the Operation of Traffic Management Points during Wildfires. |
Rec-ID | Code | Recommendation |
---|---|---|
REC173-0105 | 19 - Offences | That the Department of the Attorney General, in consultation with FESA and Western Australia Police (WAPOL), consider options for legislative amendments to extend criminal liability to all damage, injury or death directly caused by arson. |
REC173-0103 | 24 - Govt responsibility | That the Minister for Emergency Services consider the appointment of the Chief Executive Officer, Department of Environment and Conservation as a member of the State Emergency Management Committee. |
Rec-ID | Code | Recommendation |
---|---|---|
REC172-0039 | 18 - Access to fire ground | Dedicated information packages should be made available to personnel operating Vehicle Control Points at the shift briefing. |
REC172-0011 | 18 - Access to fire ground | At Level 3 incidents the position of ‘Traffic Operations Officer’ –be established and filled by a WAPOL officer. A role description for this position is required and should be included in the “Guidelines for the Operations of Road Closures During Bushfires 2008”. This officer is to be supported by a suitably qualified officer from MRWA that is capable of developing Traffic Management Plans that address risk and are cognisant of considerations associated with road type, appropriate speed limitations, signage requirements, traffic volumes, detours for local traffic and heavy haulage etc. This role should report to the IC and have strong links to the Operations Section, Planning Section (particularly the Situation Unit) and the Information Unit. |
REC172-0017 | 18 - Access to fire ground | Information packs to be provided to road traffic personnel to assist with enquiries by public or provision to members of public and landholders who are defending homes/stock etc |
REC172-0016 | 18 - Access to fire ground | Full briefings of traffic management personnel should be provided prior to dispatch to work areas – why road closed, what their authority level is, level of current risk etc |
REC172-0014 | 18 - Access to fire ground | The Interagency Guidelines for Road closure needs to be reviewed to incorporate a mechanism to identify bone-fide local landholders to facilitate their movement in and out of cordoned areas in sympathy with the Stay and Defend requirements. |
REC172-0013 | 18 - Access to fire ground | In preparing traffic management plans consideration should be given to which VCP’s are critical and need to be resourced with uniformed Police Officers and which VCP’s can be manned with civilian contractors. |
REC172-0012 | 18 - Access to fire ground | Main Roads Western Australia, Police and LGA’s be encouraged via State emergency arrangements to establish a distributed cache of “hard” road barriers for deployment to major incidents |
Rec-ID | Code | Recommendation |
---|---|---|
REC163-1937 | 19 - Offences | That the Attorney General’s Department’s Crime Prevention Division consider the causes of, and any solution to, the high number of juveniles involved in causing bushfires. |
REC163-1936 | 19 - Offences | The prescribed penalty notice penalty amount for section 66(7) of the Rural Fires Act 1997 be increased to $1,100. |
REC163-1935 | 19 - Offences | The prescribed penalty notice penalty amount for section 99(6) of the Rural Fires Act 1997 be increased to $1,100. |
REC163-1934 | 19 - Offences | The prescribed penalty notice penalty amount for section 100(2) of the Rural Fires Act 1997 be increased to $1,100. |
REC163-1939 | 2 - Emergency powers | That the Rural Fires Act 1997 be amended to provide to designated Fire Investigation Officers of the Rural Fire Service the power to enter any land upon which a bushfire has occurred for the purposes of investigation for a period of up to 24 hours after a fire has been declared out. |
REC163-1941 | 19 - Offences | A working group be established to consider methods of preventing criminal firestarting. |
REC163-1940 | 19 - Offences | That legislation be prepared by the Criminal Law Review Division of the Attorney General’s Department allowing designated officers of the Rural Fire Service to apply for a warrant in certain circumstances. |
Rec-ID | Code | Recommendation |
---|---|---|
REC158-3448 | 24 - Govt responsibility | That the Director of Marine Safety works with the Australian Maritime Safety Authority to ensure that State and port emergency arrangements interface appropriately with the National Maritime Emergency Response Arrangements. |
REC158-3433 | 24 - Govt responsibility | That Harbour Masters are employed by a government body and remain geographically located at the port. |
REC158-3454 | 24 - Govt responsibility | That the Department of Transport ensures that key stakeholders are engaged during the implementation of the approved Review recommendations. |
Rec-ID | Code | Recommendation |
---|---|---|
REC156-3518 | 24 - Govt responsibility | The Department of Premier and Cabinet, the Office of the Emergency Services Commissioner and other relevant departments conduct further work to determine the need for a power to appoint a coordinator of essential services restoration. |
REC156-3514 | 24 - Govt responsibility | The State Government endorse the establishment of the Victorian Emergency Information Line and it is developed with appropriate protocols to ensure linkages and information flows to the energy sector. |
REC156-3490 | 24 - Govt responsibility | The Department of Human Services improve its communication with councils to enhance delivery of recovery services. |
REC156-3486 | 24 - Govt responsibility | The emergency management arrangements include the development of partnerships between the public and private sectors, in particular the involvement of government departments and essential services. |
Rec-ID | Code | Recommendation |
---|---|---|
REC104-2331 | 24 - Govt responsibility | That a State Emergency Operations Centre be established to replace the existing separate fire agency centres. This could, if necessary, be initially confined to being a State Fire Operations Centre as recommended in Chapter 18, Part D. |
REC104-2217 | 6 - Insurance and legal liability | That CFA, in their education and information packages, encourage appropriate insurance cover, and ensure that insurance becomes a part of the householder’s annual checklist. |
REC104-2225 | 24 - Govt responsibility | That the Victoria Emergency Management Council establish a sub-committee by June 2004 to ensure an all-agency and appropriate industries’ policy framework is developed and agreed in respect to the planning for fire prevention, mitigation and suppression. |
REC104-2307 | 33 - Relief and recovery | That the Victorian Government recommend to the Commonwealth Government that it reviews eligibility for those without employment who may or may not be engaged in an emergency response, and are unable to access the appropriate infrastructure to register for financial assistance. |
REC104-2254 | 24 - Govt responsibility | That a single state-of-the-art all hazards State Emergency Operations Centre be established for Victoria. This could, if necessary, be implemented in stages, initially incorporating DSE, CFA, MFESB and the State Aircraft Unit. |
REC104-2316 | 33 - Relief and recovery | That the State Emergency Recovery Committee explore opportunities to establish a 'one-stop shop’ approach wherever practicable following emergencies, including a single telephone number to connect a person to all agencies involved in the recovery process. |
REC104-2321 | 24 - Govt responsibility | That Government confirms that the Model of Fire Cover/Fire Safety Victoria strategy should be a seamless model for the whole of the State and include both private and public land. |
REC104-2192 | 24 - Govt responsibility | That, according to available scientific evidence, a decision regarding cattle grazing in the High Country should not be based on the argument that ‘grazing prevents blazing.’ |
REC104-2306 | 33 - Relief and recovery | That VicRoads and Municipal Councils review procedures and processes to ensure that the identification and delivery of remedial works on State and Council roads following emergency events are as efficient as possible. |
REC104-2247 | 24 - Govt responsibility | That an appropriately resourced, national aerial firefighting strategy is urgently required, and that the Victorian Government make representations to the Commonwealth to support the Australasian Fire Authorities Council recommendations |
REC104-2314 | 33 - Relief and recovery | That DHS, in conjunction with Local Government, Government departments and the nongovernment sector, modify recovery planning at all levels to include a case management approach supported by an appropriate information system to be activated at the time of an emergency. |
REC104-2315 | 24 - Govt responsibility | That the Privacy Commissioner be asked for advice in the development of this model. |
REC104-2220 | 2 - Emergency powers | That CFA should not be given the power to direct Forest Industry Brigades to engage in fire prevention and suppression activities off their land and that decision should remain the responsibility of the plantation company. |
REC104-2305 | 33 - Relief and recovery | That DPI actively promote as widely as possible within the community, the agricultural recovery service available during emergencies to ensure that all farmers are aware of the services provided. |
REC104-2239 | 24 - Govt responsibility | That any local level agreements developed to address geographically specific risks or issues must be consistent with State-level arrangements. |
REC104-2313 | 33 - Relief and recovery | That Government review the emergency relief and financial assistance policy, and develop and communicate a predictable, consistent and equitable policy designed to assist the community to recover from emergencies, including natural disasters. |
REC104-2303 | 24 - Govt responsibility | That Interstate Agreements prepared by the fire agencies be reviewed to include protocols for the joint release of consistent and appropriate information relating to fires burning across State borders. |
REC104-2231 | 6 - Insurance and legal liability | That DSE commences discussion with the Victorian WorkCover Authority in respect to employer liability for those staff being released to, and directed, by another agency in fire prevention and suppression activities. |
REC104-2232 | 24 - Govt responsibility | That Government in the development of its statewide water policy includes appropriate consideration of access to water for firefighting. |
REC104-2312 | 33 - Relief and recovery | That all agencies engaged in recovery participate in community briefings prior to and during emergency events, to ensure recovery issues are reinforced and communities are informed of the processes established to assist individuals – including matters that are not the responsibility of Victoria, such as Centrelink payments. |
REC104-2256 | 24 - Govt responsibility | That the State Emergency Operations Centre develop and maintain strong and close links with the State Emergency Response Coordination Centre, if collocation is not possible. |
REC104-2218 | 6 - Insurance and legal liability | That Government work with the insurance industry to explore options for incentives such as a reduction in premiums for those who take appropriate self-protection measures on their properties, similar to incentives for anti-theft home security |
REC104-2230 | 24 - Govt responsibility | That DSE investigates whether such agreements should exist with other government Departments and agencies, particularly those with officers located in rural Victoria who may be involved in fire response and support operations in the future, based on their expertise and experience. |
REC104-2310 | 33 - Relief and recovery | That recovery is recognised as commencing at the same time as response and that recovery planning and delivery is an integral part of the operations of the Municipal Emergency Co-ordination Centres. |
REC104-2255 | 24 - Govt responsibility | That the options of collocating the State Emergency Response Coordination Centre with the new State Emergency Operations Centre |
Rec-ID | Code | Recommendation |
---|---|---|
REC019-4146 | 6 - Insurance and legal liability | Insurance companies be asked to subsidise the bush fire equipment fund by an amount at least equal to the amount they at present remit on premiums received for fire insurance in approved districts and that the Government contribute an amount to the fund at least equal to that contributed by the Insurance Companies. |
REC019-4139 | 19 - Offences | Local authorities prosecute in all cases of deliberate breaches of the provisions of the Bush Fires Act and thay failing this the Bush Fires Board take appropriate action to initiate such prosecutions. |
REC019-4157 | 18 - Access to fire ground | Local authorities and if necessary the Minister take active steps to enforce the removal of fire hazards from the vicinity of buildings in rural areas and that special attention be given to the removal of dead trees on the edges of pasture land and on firebreaks in timbered country. |
Rec-ID | Code | Recommendation |
---|---|---|
REC015_3956 | 24 - Govt responsibility | It is strongly recommended that no public department of possible combination of public departments interested in forests should be permitted to gain control of this authority. |
REC015_3954 | 24 - Govt responsibility | It is recommended that each public department or body which may now or hereafter control forest areas be allowed to pursue its own policy of fire prevention and suppression. As each such body is responsible directly or indirectly to Parliament it must be allowed to carry its responsibility in its own manner. It is strongly recommended that no such department be given authority over any other body in matters relating to fire prevention or suppression. If it is ultimately shown that a department is unfit to discharge the duty involved other measures may be taken. |
REC015_3960 | 33 - Relief and recovery | It is recommended that the Forests Commission recognize and provide for the efficient exercise of three major functions, namely those of Commerce, Reclamation and Rehabilitation. |
Rec-ID | Code | Recommendation |
---|---|---|
REC013_3983 | 19 - Offences | To prohibit persons throwing lighted cigarettes, cigars and tobacco among any straw, stubble, grass or herbage during the months of September to March in any Bush Fire area, under a penalty not exceeding $10. |
REC013_3982 | 19 - Offences | To prohibit persons taking into a harvest field or through any grass or bush lands any motor, tractor, harvester, &c., which is not supplied with an approved fire extinguisher or without the exhaust being properly fitted and protected, under a penalty not exceeding $50. |
REC013_3980 | 6 - Insurance and legal liability | To provide that any person desirous of insuring his crops against fire shall first submit his proposal to two responsible persons for their endorsement that, in their opinion, the crop is likely to produce the value for which the insurer proposes to take out the oolicy, and that, in the event of such endorsement not being obtained, the risk be not accepted. |
REC013_3969 | 6 - Insurance and legal liability | The subsidy of such Fire Brigade organisations by the insurance companies and the Government to be given favourable consideration, from a proportion of which the expenses of the Central Administration might be met. |
Rec-ID | Code | Recommendation |
---|---|---|
REC004-3998 | 19 - Offences | That a by-law be made forbidding, under a heavy penalty, any persons travelling in such trains to throw lighted tobacco, cigars, cigarettes, pipe ashes, matches, or other inflammable matter on the railway line or right-of-way, or in any part of a railway carriage except the receptacles duly provided for the purpose. |