Inquiry Search
Rec-ID | Code | Recommendation |
---|---|---|
REC210-0673 | 1 - Land-use and building regs | The proposed new part of the Queensland Development Code, Mandatory Part 3.5 ‘Construction of buildings in flood hazard areas’, should be amended so that the performance requirements about utilities and sanitary drains (Performance Requirement P2 and P3) for building on a lot will only be triggered where the council has: • designated part of its area as a natural hazard management area (flood) under section 13 of the Building Regulation 2006, and • either: – declared a height to be the expected flood level under section 13 of the Building Regulation 2006, or – adopted a highest recorded flood level for the lot. |
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. |
REC210-0624 | 1 - Land-use and building regs | The Queensland Government should ensure that the circumstances in which the Department of Community Safety is to consult the Department of Environment and Resource Management about a planning scheme’s flood modelling and flood mapping are clear. |
REC210-0644 | 1 - Land-use and building regs | The Queensland Government should ensure that the criteria under the Environmental Protection Act 1994 that apply to the assessment of development applications for material change of use for environmentally relevant activities include consideration of the risk of flooding at the site on which the activity is proposed to occur. |
REC210-0682 | 1 - Land-use and building regs | The Department of Environment and Resource Management should review the Queensland Urban Drainage Manual to determine whether it requires updating or improvement, in particular, to reflect the current law and to take into account insights gained from the 2010/2011 floods. |
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. |
REC210-0629 | 1 - Land-use and building regs | The Queensland Government should include in the model flood planning controls a requirement that councils have a flood overlay map in their planning schemes. The map should identify the areas of the council region: • that are known not to be affected by flood • that are affected by flood and on which councils impose planning controls (there may be subsets in each area to which different planning controls attach) • for which there is no flood information available to council. |
REC210-0652 | 1 - Land-use and building regs | The Queensland Government should review the code for development applications for prescribed tidal work in the Coastal Protection and Management Regulation 2003 to consider whether the design and construction standards should be made more stringent than the existing standards. |
REC210-0691 | 1 - Land-use and building regs | If the Queensland Government does not include such assessment criteria in the model flood planning controls, councils should include assessment criteria in their planning schemes that require critical infrastructure in assessable substation developments is built to remain operational during and immediately after a flood of a particular magnitude. That magnitude should be determined by an appropriate risk assessment. |
REC210-0613 | 1 - Land-use and building regs | Councils should ensure that areas for which there has been no assessment of the likelihood of flooding are indicated on a map and that, as part of the development assessment process for these, there is at least some enquiry into whether a site proposed for development could be subject to flooding. |
REC210-0636 | 1 - Land-use and building regs | The Queensland Government should consider allowing councils to amend a planning scheme to update existing flood mapping information by way of the minor amendment process, provided that adequate public consultation has occurred. |
REC210-0659 | 1 - Land-use and building regs | The Queensland Government should consult with councils to formulate a definition of ‘levee’ to identify what should be regulated. |
REC210-0672 | 1 - Land-use and building regs | The proposed new part of the Queensland Development Code, Mandatory Part 3.5 ‘Construction of buildings in flood hazard areas’, should be amended so that the performance requirement relating to building design and construction (Performance Requirement P1) for building on a lot will only be triggered where the council has: • designated part of its area as a natural hazard management area (flood) under section 13 of the Building Regulation 2006, and • either: – declared a height to be the expected flood level under section 13 of the Building Regulation 2006, or – adopted a highest recorded flood level for the lot, and • either: – declared a velocity to be the expected maximum velocity of flood water for the area in which the lot is located, or – designated the area in which the lot is located an inactive flow or backwater area. |
REC210-0623 | 1 - Land-use and building regs | The Department of Community Safety should put in place administrative arrangements which ensure it can readily ascertain whether its comments are being reflected in council planning schemes. If the Department of Community Safety becomes aware that its comments are not being adequately addressed, it should take steps to follow this up with the Department of Local Government and Planning. |
REC210-0642 | 1 - Land-use and building regs | The Queensland Government should draft assessment criteria to be included in the model flood planning controls that require the impact of flood on commercial property to be minimised. |
REC210-0677 | 1 - Land-use and building regs | Authorities responsible for the management of sewerage infrastructure should conduct a review of their existing infrastructure to identify electrical infrastructure that may be vulnerable to inundation and perform risk and cost/benefit assessments to determine if it should be relocated to a higher level. |
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. |
REC210-0628 | 1 - Land-use and building regs | The Queensland Government should draft model flood planning controls, using a similar format and structure to that in the Queensland Planning Provisions, that councils can adapt for local conditions. The Queensland Government should require these controls to be reflected in new planning schemes. This may be achieved by including the controls in either: • a state planning policy dealing with flood, with an accompanying amendment to the Sustainable Planning Act 2009, or • the Queensland Planning Provisions. The Queensland Government should consult councils to determine which of the two state planning instruments is the more appropriate to include the model flood planning controls. |
REC210-0649 | 1 - Land-use and building regs | The Queensland Government should draft assessment criteria to be included in the model flood planning controls that require that: a. the manufacture or storage of bulk hazardous materials (as defined in State Planning Policy 1/03) take place above a certain flood level, determined following an appropriate risk based assessment, or b. structures on land susceptible to flooding and used for the manufacture or storage of bulk hazardous materials (as defined in State Planning Policy 1/03) be designed to prevent the intrusion of floodwaters. |
REC210-0690 | 1 - Land-use and building regs | The Queensland Government should draft assessment criteria to be included in the model flood planning controls that require critical infrastructure in assessable substation developments is built to remain operational during and immediately after a flood of a particular magnitude. That magnitude should be determined by an appropriate risk assessment. |
REC210-0612 | 1 - Land-use and building regs | For non-urban areas or areas where limited development is expected to occur councils should consider, on a risk basis, what level of information about flood risk is required for the area, and undertake the highest ranked of the following options which is appropriate to that need and within the capacities (financial and technical) of the council: a. a map showing ‘zones of risk’ (at least three) derived from information about the likelihood and behaviour of flooding b. a map showing the extent of floods of a range of likelihoods (at least three) c. a flood map based on historic flood levels that have been subjected to a flood frequency analysis to estimate the annual exceedance probability of the selected historical flood d. a historic flood map without flood frequency analysis e. the Queensland Reconstruction Authority Interim Floodplain Assessment Overlay as a way to determine those areas for which further flood studies are required, or f. the Queensland Reconstruction Authority Interim Floodplain Assessment Overlay (preferably refined using local flood information) as a trigger for development assessment. |
REC210-0635 | 1 - Land-use and building regs | The Queensland Government should consider amending the Sustainable Planning Act 2009 to expressly provide either a power to remake or a power to extend a temporary local planning instrument containing interim flood regulation for a further limited period. The power to remake or extend should: a. permit the modification of the temporary local planning instrument to the extent required to ensure its provisions remain relevant, having regard to any requirement that may have been introduced or any information that may have become available while the original temporary local planning instrument was in force b. be contingent on the Minister’s being satisfied that the circumstances listed in section 105 of the Sustainable Planning Act continue to exist and that there are proper grounds for the failure to make a permanent scheme amendment while the original temporary local planning instrument was in force. |
REC210-0658 | 1 - Land-use and building regs | The Queensland Government should consult with councils to determine an effective method for the regulation of the construction of levees in Queensland. In particular, the Queensland Government should consider: • requiring a development permit for the construction of a levee by designating levees as assessable development in the Sustainable Planning Regulation 2009, or • requiring, by way of a state planning policy or mandatory provision in the Queensland Planning Provisions, that councils nominate the construction of a levee as assessable development in their planning schemes. |
REC210-0666 | 1 - Land-use and building regs | The Queensland Government should draft a model planning scheme policy to be included in the model flood planning controls that sets out the information to be provided in development applications in relation to stormwater and flooding. The policy should specify: • the type of models and maps to be provided • the substantive information required to be shown in the development application • how the assumptions and methodologies used in preparing the models and maps should be presented • the form in which the information on stormwater and flooding is to be presented in the application. |
REC210-0622 | 1 - Land-use and building regs | If, as part of a state interest review process, the Department of Local Government and Planning decides that no condition should be imposed requiring a council’s proposed planning scheme to incorporate the effect of the Department of Community Safety’s comments about State Planning Policy 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide, it should advise the Department of Community Safety of the reasons for its decision. |
REC210-0640 | 1 - Land-use and building regs | The Queensland Government should draft assessment criteria to be included in the model flood planning controls that require community infrastructure (including the types of community infrastructure which are identified in the Sustainable Planning Regulation 2009 and which the community needs to continue functioning, notwithstanding flood) to be located and designed to function effectively during and immediately after a flood of a specified level of risk. |
REC210-0676 | 1 - Land-use and building regs | Authorities responsible for the construction of sewerage infrastructure should, when embarking on new works, undertake risk and cost/benefit assessments to determine the level at which electrical infrastructure that may be vulnerable to inundation should be placed. |
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. |
REC210-0627 | 1 - Land-use and building regs | The Queensland Government should consider amending the Sustainable Planning Act 2009 to require that consideration be given to the risk of flooding in the preparation or revision of a regional plan. |
REC210-0647 | 1 - Land-use and building regs | The Department of Environment and Resource Management should ensure that, when applications for a material change of use for an environmentally relevant activity are approved by the department, the details of those activities, including their nature and location, are provided to the council within whose area the activity will be conducted. |
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. |
REC210-0611 | 1 - Land-use and building regs | For urban areas or areas where development is expected to occur: a. councils with the requisite resources should develop a flood map which shows ‘zones of risk’ (at least three) derived from information about the likelihood and behaviour of flooding b. councils without the requisite resources to produce a flood behaviour map should develop a flood map which shows the extent of floods of a range of likelihoods (at least three). |
REC210-0634 | 1 - Land-use and building regs | If the Queensland Government does not include such a policy in the model flood planning controls, councils should include in their planning schemes a planning scheme policy that: • for development proposed on land susceptible to flooding, outlines what additional information an applicant should provide to the assessment manager as a part of the development application, or • for development proposed on land where potential for flooding is unknown requires an applicant to provide: – as part of the development application, information to enable an assessment of whether the subject land is susceptible to flooding, and – upon a determination the subject land is susceptible to flooding, more detailed information to allow an assessment of the flood risk. |
REC210-0657 | 1 - Land-use and building regs | Levees should be regulated. |
REC210-0662 | 1 - Land-use and building regs | The Queensland Government should draft assessment criteria to be included in the model flood planning controls that address: • the prospect of isolation or hindered evacuation • the impact of isolation or hindered evacuation. |
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. |
REC210-0621 | 1 - Land-use and building regs | The Queensland Government should: a. narrow the definition of ‘development commitment’ in State Planning Policy 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide to ensure more development applications are assessed for compatibility with flood, and b. investigate whether the compensation provisions of the Sustainable Planning Act 2009 act as a deterrent to the inclusion of flood controls in a planning scheme and consider whether they ought be amended. |
REC210-0639 | 1 - Land-use and building regs | The Queensland Government should consider extending the application of a state planning policy dealing with flood to the types of community infrastructure which are identified in the Sustainable Planning Regulation 2009 and which the community needs to continue functioning, notwithstanding flood. |
REC210-0675 | 1 - Land-use and building regs | The Queensland Government should consider including in the criteria in the Queensland Plumbing and Wastewater Code a requirement that the risk of leakage from private on-site sewerage systems during floods be minimised. |
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. |
REC210-0626 | 1 - Land-use and building regs | Councils should consider using the limited development (constrained land) zone in their planning schemes for areas that have a very high flood risk. |
REC210-0646 | 1 - Land-use and building regs | The Department of Environment and Resource Management should amend the template assessment report used to assess applications for a material change of use for environmentally relevant activities so that it prompts departmental officers to give specific consideration, as part of the assessment process, to the risk of flooding at the site where the activity is proposed to occur. |
REC210-0685 | 1 - Land-use and building regs | In assessing and determining development applications for material change of use in areas susceptible to flood, councils should consider whether the new developments locate essential services infrastructure above basement level, or, alternatively, whether essential services infrastructure located at basement level can be constructed so that it can continue to function during a flood. |
REC210-0757 | 15 - Inter-service cooperation | The protocol should make provision for the use of telephone and/or radio where communication by email is not possible. Where necessary, CS Energy and Seqwater should make additional radio equipment available to relevant personnel. |
REC210-0633 | 1 - Land-use and building regs | The Queensland Government should include in the model flood planning controls a model planning scheme policy that: • for development proposed on land susceptible to flooding, outlines what additional information an applicant should provide to the assessment manager as part of the development application, or • for development proposed on land where the potential for flooding is unknown, requires an applicant to provide: – as part of the development application, information to enable an assessment of whether the subject land is susceptible to flooding, and – upon a determination the subject land is susceptible to flooding, more detailed information, to allow an assessment of the flood risk. |
REC210-0656 | 1 - Land-use and building regs | The Queensland Government should consider amending the Sustainable Planning Regulation 2009 so that operational work or plumbing or drainage work (including maintenance and repair work) carried out by or on behalf of a public sector entity authorised under a state law to carry out the work is not exempt development under the Sustainable Planning Act 2009 if the development has the potential to reduce floodplain storage. |
REC210-0661 | 1 - Land-use and building regs | There should be a common set of considerations in the decision whether to approve an application to build a levee, including: • the impacts of the proposed levee on the catchment as a whole • the benefits of the proposed levee to the individual or entity applying to build the levee and to any nearby community as a whole • any adverse impacts on other landholders, including the risk of levee failure • the implications of the proposed levee for land planning and emergency management procedures • whether any structural, land planning or emergency management measures can be taken to mitigate the adverse impacts of the proposed levee. |
REC210-0697 | 1 - Land-use and building regs | Queensland Rail and QR National should continue to investigate opportunities for increasing the flood resilience of their networks, including raising the height of critical equipment. |
REC210-0617 | 1 - Land-use and building regs | The Queensland Government should consider implementing a mechanism by which prospective purchasers of property are alerted to the issue of flood risk. To that end, the Queensland Government should consider consulting the Real Estate Institute of Queensland and the Law Society of Queensland as to the appropriateness of amending standard contract conditions so as to include a ‘subject to flood search’ condition, or other means of achieving the same objective. |
REC210-0638 | 1 - Land-use and building regs | The Coordinator-General should amend the guideline for preparing an ‘initial advice statement’ for a significant project under the State Development and Public Works Organisation Act 1971 so that it specifically requires an applicant to consider and provide information about the project’s flood risk. |
REC210-0674 | 1 - Land-use and building regs | The Queensland Government should consider amending the ‘Limitation’ section of the proposed new part of the Queensland Development Code, Mandatory Part 3.5 ‘Construction of buildings in flood hazard areas’, to allow for the possible application of ‘acceptable solution A1’ to a building located on a lot if: • it is reasonable to expect the part of the lot on which the building work is proposed to be subjected to a maximum velocity of less than 1.5 metres per second, or • the part of the lot on which the building work is proposed is located in an inactive flow or backwater area. |
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. |
REC210-0625 | 1 - Land-use and building regs | The Queensland Government should change Temporary State Planning Policy 2/11: Planning for stronger more resilient floodplains to remove the possibility of councils’ using the interim floodplain assessment overlay mapping and Model Code as part of a permanent amendment to their existing planning scheme or as part of a new planning scheme. |
REC210-0645 | 1 - Land-use and building regs | The Department of Environment and Resource Management should amend its information sheet about applications for a material change of use for environmentally relevant activities so that applicants are prompted to include information (if any) about the risk of flooding at the site where the activity is proposed to occur. |
REC210-0684 | 1 - Land-use and building regs | Councils should consider amending their planning schemes to include provisions directed to consideration of the flood resilience of basements as a factor in determining the appropriateness of a material change of use. |
REC210-0756 | 15 - Inter-service cooperation | CS Energy and Seqwater should agree upon and adhere to a formal communication protocol that requires CS Energy personnel to advise Seqwater, through the Flood Operations Centre, of water movements between Splityard Creek Dam and Wivenhoe Dam or Pryde Creek once a flood event is declared under the Manual of Operational Procedures for Flood Mitigation at Wivenhoe Dam and Somerset Dam. The protocol should ensure that a direct line of communication is established between CS Energy personnel physically located at the power station and the Flood Operations Centre. |
REC210-0631 | 1 - Land-use and building regs | The Queensland Government should include in the model flood planning controls a model flood overlay code that consolidates assessment criteria relating to flood. |
REC210-0654 | 1 - Land-use and building regs | The Queensland Government should consider drafting assessment criteria to be included in the model flood planning controls which require that works in a floodplain: • do not reduce on-site flood storage capacity • counteract any changes the works will cause to flood behaviour of all floods up to and including the applicable defined flood event by measures taken within the subject site (for example, use of compensatory works, detention basins or other engineering mechanisms) • do not change the flood characteristics outside the subject site in ways that result in: – loss of flood storage – loss of/changes to flow paths – acceleration or retardation of flows, or – any reduction in flood warning times elsewhere on the floodplain. |
REC210-0660 | 1 - Land-use and building regs | There should be a consistent process for the determination of applications to build levees. That process should include: • consulting landholders who may be affected by the proposed levee • obtaining or commissioning appropriate hydrological and hydraulic studies to assess the impacts of the proposed levee. |
REC210-0694 | 1 - Land-use and building regs | The Queensland Government should consider whether there should be a legislative requirement that customer dedicated assets be built at or above the applicable defined flood level and if so, the Queensland Government should consider which legislation should contain such a requirement. |
REC210-0616 | 1 - Land-use and building regs | Councils that do not currently do so should consider offering an online database which allows the public to conduct a search on a parcel of land to find development approvals relevant to that parcel of land. |
REC210-0637 | 1 - Land-use and building regs | The Queensland Government should consider amending the Urban Land Development Authority Act 2007, the South Bank Corporation Act 1989, the State Development and Public Works Organisation Act 1971 insofar as it governs state development areas, and other legislation which establishes alternative planning systems that operate independently of the Sustainable Planning Act 2009, to require that: • any planning scheme, interim or otherwise, appropriately reflects any state planning policy with respect to flood • flood risk be considered in the assessment of any development application. |