Inquiry Search
Rec-ID | Code | Recommendation |
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REC324-4304 | 1 - Land-use and building regs | Landholders can access information on previous disasters: That, to ensure there is a single source of ground truth to prepare for and respond to emergencies, and to provide people with a better understanding of their individual property and community risk exposure, an online visualisation tool be developed to display, for all land parcels (land titles) in NSW, the extent of known disasters that have affected each piece of land in NSW in the past. This information should be made available through the Planning Portal and, particularly in light of climate change, the data involved should be revised and updated at least every two years and after each major natural disaster. |
REC324-4296 | 1 - Land-use and building regs | Caravan parks and manufactured home estates: That, to ensure that permanent residents of caravan parks and mobile housing estates are protected from flood, Government: • prohibit permanent residency in caravan parks and mobile housing estates situated below the risk-based flood planning level. Caravan parks for holiday makers could still be on the floodplain with the provision that, if a flood is imminent, they need to be evacuated • address the issues raised in the 2015 Discussion Paper (Improving the regulation of manufactured homes, caravan parks, manufactured home estates and camping grounds). |
REC324-4299 | 1 - Land-use and building regs | Relocating communities most at risk with good homes and amenities: That, to empower vulnerable people and communities to relocate, Government through the NSWRA: |
REC324-4306 | 6 - Insurance and legal liability | NSW Reconstruction Authority: That, to provide rapid and effective recovery from floods (and other disasters) and to provide maximum mitigation of the impacts of future floods (and other disasters), Government establish a permanent state-wide agency, the NSW Reconstruction Authority (NSWRA) dedicated to disaster recovery, reconstruction and preparedness. The NSWRA should: |
REC324-4300 | 1 - Land-use and building regs | Simplify the planning system disaster provisions: That, to simplify and improve the state planning processes especially when anticipating and recovering from a disaster, Government: |
Rec-ID | Code | Recommendation |
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REC323-4257 | 1 - Land-use and building regs | That the NSW Government work with local government, industry and sustainable planning experts, including the Government Architect, on policy initiatives in the New South Wales planning system that will help deliver more resilient and sustainable homes, buildings and places. |
REC323-4266 | 1 - Land-use and building regs | That the NSW Government review the provision of temporary and long term housing options provided to those affected by the February-March 2022 floods, with a view to: • ensuring a range of options are identified and embedded within emergency and recovery plans, so that solutions can be implemented as soon as possible after a natural disaster • ensuring that housing options meet individual and community needs • removing planning impediments that prevent those from accessing more safe and secure housing in times of crisis. |
REC323-4267 | 1 - Land-use and building regs | That the NSW Government consider investing in supporting relocations, land swaps and providing fair and adequate compensation for landowners who wish to relocate from severely flood-impacted areas. |
Rec-ID | Code | Recommendation |
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REC321-4214 | 1 - Land-use and building regs | We recommend that DELWP determines which elements of different regional planning approaches are the most effective and implements these across the state. |
REC321-4215 | 1 - Land-use and building regs | We recommend that DELWP develops more holistic bushfire-management planning that focuses on the best mix of risk treatments rather than planned burning alone. |
REC321-4211 | 1 - Land-use and building regs | We recommend that CFA (in consultation with FRV) improves planning on private land to ensure risk assessments and plans are conducted consistently across public and private land to address state-wide bushfire risk based on where and how they can most effectively reduce risk. |
Rec-ID | Code | Recommendation |
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REC315-3824 | 1 - Land-use and building regs | That Government commit to shifting to a strategic approach to planning for bush fire, and develop a new NSW Bush Fire Policy similar to the NSW Flood Prone Land Policy in order to accommodate changing climate conditions and the increasing likelihood of catastrophic bush fire conditions; to build greater resilience into both existing and future communities; and to decrease costs associated with recovery and rebuilding. |
Rec-ID | Code | Recommendation |
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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 |
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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 |
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REC299-1337 | 19 - Offences | The Government should: |
REC299-1342 | 6 - Insurance and legal liability | That fire managers responsible for planned burns be |
REC299-1338 | 19 - Offences | The Government introduce an amendment to the Country Fire Authority Act 1958 or other instruments which imposes significant penalties and strengthens enforcement, including via infringement notices, for offences against Total Fire Ban requirements before the 2017‑2018 fire season. |
Rec-ID | Code | Recommendation |
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REC297-1272 | 1 - Land-use and building regs | That, to provide greater clarity for building development, design and approval within tolerable risk levels, the Tasmanian Planning Scheme, including a relevant Riverine Flood Hazard Code, is finalised and approved as soon as practicable. |
REC297-1271 | 1 - Land-use and building regs | That the organisations responsible for construction, maintenance and ownership of bridges review their design guidelines and, if necessary, update them to specifically include consideration of debris and flood impacts on bridge design. A review of existing bridges by the responsible organisations could also be undertaken to highlight any potential issues. |
Rec-ID | Code | Recommendation |
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REC292-2339 | 19 - Offences | I recommend that the Law, Crime and Community Safety Council develop a mechanism to ensure that all information on criminal history (including bail) that is relevant to the investigation and prosecution of criminal offences is readily accessible to police and prosecutors across all Australian jurisdictions. |
Rec-ID | Code | Recommendation |
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REC286-2077 | 6 - Insurance and legal liability | Improve working relationship with the insurance industry to access impact information. |
REC286-1453 | 1 - Land-use and building regs | Review building controls to ensure they are adaptive to changing coastal inundation risks. |
REC286-2038 | 1 - Land-use and building regs | Monitor effectiveness of new Land Use Planning reforms to evaluate effectiveness of delivering desired outcomes. |
REC286-2051 | 1 - Land-use and building regs | Establish arrangements to enable the buy-back of specified landslip prone land. |
REC286-2047 | 6 - Insurance and legal liability | Raise public awareness of the limitations of general insurance relating to landslide. |
REC286-1451 | 1 - Land-use and building regs | Include consideration of coastal inundation in land use planning for new developments and uses. |
REC286-2037 | 1 - Land-use and building regs | Make property level information on landslide hazards publicly available |
REC286-2050 | 1 - Land-use and building regs | Ensure landuse planning and building systems, including appeal mechanisms, are transparent, equitable and integrated at the municipal, State and national levels. |
REC286-2020 | 6 - Insurance and legal liability | Improve insurance affordability. |
REC286-1435 | 1 - Land-use and building regs | Monitor effectiveness of new Land Use Planning and Building System reforms to evaluate effectiveness of delivering desired outcomes. |
REC286-2023 | 1 - Land-use and building regs | Locate and design new public infrastructure so that it can continue to operate during flood events. |
REC286-1479 | 6 - Insurance and legal liability | Ensure appropriate levels of insurance of public assets from flood risks. |
REC286-2046 | 1 - Land-use and building regs | Incentivising safer sites (charge people less rates and discounts for defensive actions by land managers). |
REC286-2016 | 6 - Insurance and legal liability | Review legal liability of participants in prevention and mitigation preparedness, response and recovery activities. |
REC286-1474 | 1 - Land-use and building regs | Raised access routes. |
REC286-2015 | 1 - Land-use and building regs | Build flood capable infrastructure. |
REC286-2044 | 1 - Land-use and building regs | Develop linkages between landslide risk assessors and building engineers/structural works. |
REC286-1471 | 1 - Land-use and building regs | Promote the use of Water Sensitive Urban Design in stormwater systems. |
REC286-2040 | 1 - Land-use and building regs | Further development of Landslide Hazard Banding of the State (MRT). |
Rec-ID | Code | Recommendation |
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REC280-1385 | 1 - Land-use and building regs | That the NSW National Parks and Wildlife Service consider the feasibility, on a case by case basis, of closing public roads through national parks on days with catastrophic fire danger rating, to mitigate the risk of bush fire ignition in national parks. |
REC280-1400 | 6 - Insurance and legal liability | That the Office of State Revenue investigate mechanisms to enhance the affordability of insurance for properties and assets in fire affected areas. |
REC280-1383 | 1 - Land-use and building regs | That the NSW Government improve the protection of media and telecommunications towers around New South Wales by: |
REC280-1399 | 1 - Land-use and building regs | That the NSW National Parks and Wildlife Service remove from its boundary fencing policy and standard contract the condition that requires adjoining land owners to maintain a fence that has been damaged by trees falling from national park land. |
REC280-1402 | 6 - Insurance and legal liability | That the Ministry for Police and Emergency Services and NSW Treasury: |
REC280-1398 | 1 - Land-use and building regs | That the NSW National Parks and Wildlife Service: |
REC280-1401 | 6 - Insurance and legal liability | That the NSW Government take all reasonable steps to expedite the process of establishing any legal liability for the losses incurred by property owners as a result of the Wambelong fire, and in the event that it is found liable, expedite the process of paying compensation claims. |
Rec-ID | Code | Recommendation |
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REC271-1525 | 6 - Insurance and legal liability | The Department of Energy and Water Supply, in conjunction with SunWater, seek clarification of the dam owners’ legal obligation to comply with Emergency Action Plans and, if required, investigate how a more flexible approach may be adopted. |
Rec-ID | Code | Recommendation |
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REC261-1519 | 6 - Insurance and legal liability | That the Ministry for Police and Emergency Services and NSW Treasury: |
REC261-1518 | 6 - Insurance and legal liability | That the NSW Government take all reasonable steps to expedite the process of establishing any legal liability for the losses incurred by property owners as a result of the Wambelong fire, and in the event that it is found liable, expedite the process of paying compensation claims. |
REC261-1517 | 6 - Insurance and legal liability | That the Office of State Revenue investigate mechanisms to enhance the affordability of insurance for properties and assets in fire affected areas. |
REC261-1514 | 1 - Land-use and building regs | That the NSW National Parks and Wildlife Service adopt an interim fencing agreement in the immediate aftermath of a fire. This will enable emergency and interim works to commence, but features such as length, fencing components and site of the fence line are not binding. A final fencing agreement would be negotiated no earlier than six months following a major national park fire. |
Rec-ID | Code | Recommendation |
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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). |
Rec-ID | Code | Recommendation |
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REC247-0937 | 19 - Offences | That the legislation and enforcement arrangements are reviewed to ensure there are suitable offences and penalties, investigation and enforcement capabilities, and a rigorous approach is taken to breaches of the law. |
REC247-0942 | 1 - Land-use and building regs | That the Government makes land use planning and building construction to prevent and mitigate bushfire risk a high priority and establishes a means to progress improvements in this area, such as a designated body or group, as soon as possible. |
REC247-0895 | 6 - Insurance and legal liability | That action be taken as a priority to resolve any legal issues on mutual assistance arrangement for fire services. |
Rec-ID | Code | Recommendation |
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REC246-0789 | 6 - Insurance and legal liability | TFS seek legal opinion on the Bushfire CRC Research Report on legal liability implications of the Prepare, Stay and Defend or Leave Early policy to confirm the advice, consider the implications and implement those that are appropriate. |
Rec-ID | Code | Recommendation |
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REC241-1016 | 6 - Insurance and legal liability | That a volunteer shall not be liable for any act or omission made in good faith provided it is not proven to be reckless, negligent or malicious. This protection is to be afforded in both Criminal and Common law. |
Rec-ID | Code | Recommendation |
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REC239-2723 | 1 - Land-use and building regs | That the Queensland Fire and Rescue Service examine alternative contractual arrangements with building owners which would reduce the need for physical attendance at alarm activations. |
Rec-ID | Code | Recommendation |
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REC238-0800 | 1 - Land-use and building regs | Improve regional transport infrastructure to address current and projected flood evacuation capacity constraints and timelines. |
REC238-0816 | 1 - Land-use and building regs | Ensure appropriate consideration of flood risk in regional and subregional planning |
REC238-0815 | 1 - Land-use and building regs | Provide improved land use planning tools for managing flood prone land. |
REC238-0814 | 1 - Land-use and building regs | Develop a NSW Planning Policy and Guideline to improve land use planning practices on flood prone land. |
REC238-0808 | 1 - Land-use and building regs | Ensure future road infrastructure planning considers flood evacuation requirements throughout the Hawkesbury-Nepean floodplain. |
REC238-0801 | 1 - Land-use and building regs | Establish a dedicated group or body within an existing agency to provide a more integrated, coordinated and regional approach to land use, infrastructure and evacuation planning and flood modelling in the Hawkesbury-Nepean Valley. |
Rec-ID | Code | Recommendation |
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REC237-0825 | 1 - Land-use and building regs | That the NSW Rural Fire Service hold discussions with the Department of Planning and Infrastructure and Local Government NSW on ways to improve compliance with development consents under section 76A of the Environmental Planning and Assessment Act 1979. |
Rec-ID | Code | Recommendation |
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REC217-1815 | 1 - Land-use and building regs | A regular inspection and maintenance regime will be undertaken for all high priority levees managed by a public authority. All such levees will be inspected by the relevant public authority on an annual basis, and after a flood event. All levees will have a regular maintenance schedule. |
REC217-1832 | 1 - Land-use and building regs | The revised Victoria Flood Management Strategy should clearly identify authorities and assign responsibilities for stream blockage and debris removal in waterways posing a high risk to public infrastructure both during and after a flood: |
REC217-1808 | 1 - Land-use and building regs | The revised Victoria Flood Management Strategy should provide a strategic framework for the management and ongoing maintenance of Victoria’s levees. The Victoria Flood Management Strategy will provide criteria for a consistent statewide approach to the prioritisation of the state’s levees for future management and investment: |
REC217-1813 | 1 - Land-use and building regs | The Department of Sustainability and Environment will develop guidelines for streamlining the permitting system for conducting works on levees for incorporation in the revised Victoria Flood Management Strategy, in order for maintenance on all levees to occur more quickly. The guidelines will outline circumstances in which exemptions from current approval processes are appropriate. Councils will be permitted to obtain exemptions within their planning schemes for: |
REC217-1831 | 1 - Land-use and building regs | Significant modification of waterways in urban or rural areas will only be considered after the completion of a flood risk management process, undertaken in consultation with members of the community. |
REC217-1807 | 1 - Land-use and building regs | A revised Victoria Flood Management Strategy is needed and should clearly articulate the principles, roles and responsibilities for the ownership, management and ongoing maintenance of Victoria’s levees. Neither land tenure nor prior government involvement will dictate ownership of public levees: |
REC217-1812 | 1 - Land-use and building regs | Streamlined processes to enable access to levees for the purposes of conducting works, including maintenance, must be implemented. Where a levee is managed by a public authority as part of a formal scheme, and is sited on either private land, or on a mixture of public and private land, access to private land for works will be negotiated as part of any scheme agreement. Where a levee is sited on public land, but is not managed by a public authority, local beneficiaries willing to conduct maintenance will be given access to do so, provided: |
REC217-1821 | 1 - Land-use and building regs | Where flood investigations show positive and cost effective outcomes, infrastructure providers, such as VicRoads, will consider enhancing their infrastructure to act as levees. Any development of this nature will require collaboration with, and the approval of, the relevant floodplain authorities. |
REC217-1811 | 1 - Land-use and building regs | Responsible authorities will identify low priority levees for potential removal, and have them removed when funding becomes available. |
REC217-1818 | 1 - Land-use and building regs | The Department of Sustainability and Environment to review ownership of Grampians Wimmera Mallee Water’s Yarriambiack Creek levee, with a view to the appointment of a more suitable public managing authority/authorities. |
REC217-1810 | 1 - Land-use and building regs | Where a levee has been identified as low priority, and beneficiaries are not willing to contribute to its maintenance, public authorities will inform levee beneficiaries that they will not fund the repair of their levee following a flood event. |
REC217-1817 | 1 - Land-use and building regs | The current technical guidelines for the construction of levee systems will be reviewed. A revised Levee Design, Construction and Maintenance technical guidelines will include guidelines for the construction of both priority public levees, and private levees on private land, such as ring levees, which protect key assets. These guidelines will be made available to all rural councils, who will make landowners constructing new levees on their property aware of the principles and specifications contained in the guidelines and encourage construction based on them. |
REC217-1809 | 1 - Land-use and building regs | All priority public levees not currently the subject of approved schemes, will become subject to approved schemes under Division 5, Part 10 of the Water Act 1989. Such schemes will articulate an agreed set of terms, including: |
Rec-ID | Code | Recommendation |
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REC215-1875 | 1 - Land-use and building regs | Fire services can improve outcomes by seeking input to decisions about siting, design and fire water systems as part of the planning and licensing processes |
Rec-ID | Code | Recommendation |
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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. |
REC210-0662 | 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. |
REC210-0701 | 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. |
REC210-0626 | 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. |
REC210-0675 | 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. |
REC210-0633 | 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. |
REC210-0685 | 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. |
REC210-0617 | 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. |
REC210-0661 | 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. |
REC210-0700 | 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. |
REC210-0625 | 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. |
REC210-0674 | 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. |
REC210-0747 | 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. |
REC210-0681 | 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. |
REC210-0631 | 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. |
REC210-0684 | 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. |
REC210-0616 | 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. |
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. |
REC210-0697 | 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. |
REC210-0624 | 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. |
REC210-0673 | 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. |
REC210-0735 | 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. |
REC210-0629 | 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. |
REC210-0682 | 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. |
REC210-0613 | 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. |
REC210-0694 | 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. |
REC210-0623 | 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. |
REC210-0672 | 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. |
REC210-0703 | 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. |
REC210-0628 | 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. |
REC210-0677 | 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. |
REC210-0699 | 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. |
REC210-0612 | 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. |
REC210-0691 | 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. |
REC210-0622 | 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. |
REC210-0666 | 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. |
REC210-0702 | 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. |
REC210-0627 | 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. |
REC210-0676 | 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. |
REC210-0686 | 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. |
REC210-0690 | 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. |
Rec-ID | Code | Recommendation |
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REC199-0476 | 6 - Insurance and legal liability | the Department of Planning and Community Development examine strategies to address and clarify insurance coverage of community volunteers in emergency events |
REC199-0485 | 1 - Land-use and building regs | the state: • adopt a strategy to expedite incorporation of updated flood mapping or modelling into planning schemes • reconsider in what circumstances the ‘1 in 100 year event’ is the appropriate design event • actively support the Australian Building Code Board in its development of a new national standard for residential buildings in flood prone areas. Until such time as any new standard is incorporated into Victorian law, provide advice to householders about appropriate building materials for flood prone areas and ways that houses can be designed or adapted to mitigate flood risk; and • retain the ability of a Catchment Management Authority to require a council to refuse a planning permit or impose particular conditions when the Catchment Management Authority considers the flooding risk to be unacceptable. |
REC199-0460 | 6 - Insurance and legal liability | the state formalise and continue the Emergency Response Legal Advisers Forum. |
Rec-ID | Code | Recommendation |
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REC191-0268 | 6 - Insurance and legal liability | that the QFRS investigate the possibility of insurance recovery when involved in vehicle retrieval activities at accident sites. |
REC191-0261 | 6 - Insurance and legal liability | that the Minister for Police, Corrective Services and Emergency Services undertake a comprehensive legal review in order to clarify the legal position of RFBs and their members. |
Rec-ID | Code | Recommendation |
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REC181-0189 | 1 - Land-use and building regs | The State amend the Victoria Planning Provisions relating to bushfire to ensure that the provisions give priority to the protection of human life, adopt a clear objective of substantially restricting development in the areas of highest bushfire risk—giving due consideration to biodiversity conservation—and provide clear guidance for decision makers. The amendments should take account of the conclusions reached by the Commission and do the following: ■ outline the State’s objectives for managing bushfire risk through land-use planning in an amended state planning policy for bushfire, as set out in clause 15.07 of the Victoria Planning Provisions; ■ allow municipal councils to include a minimum lot size for use of land for a dwelling, both with and without a permit, in a schedule to each of the Rural Living Zone, Green Wedge Zone, Green Wedge A Zone, Rural Conservation Zone, Farming Zone and Rural Activity Zone; ■ amend clause 44.06 of the Victoria Planning Provisions to provide a comprehensive Bushfire-prone Overlay provision. |
REC181-0198 | 1 - Land-use and building regs | The Australian Building Codes Board do the following: ■ amend the performance requirements in the Building Code of Australia to ensure that they incorporate reducing the risk of ignition from ember attack; ■ work with Standards Australia to effect expeditious continuing review and development of AS 3959, Construction of Buildings in Bushfire-prone Areas, and other bushfire-related standards referred to in the Building Code of Australia; ■ negotiate with Standards Australia and SAI Global Ltd an arrangement for free online access to AS 3959-2009, Construction of Buildings in Bushfire-prone Areas, the other Australian standards referred to in AS 3959-2009, and any other bushfire-related Australian standards referred to in the Building Code of Australia; ■ amend the Building Code of Australia to remove deemed-to-satisfy provisions for the construction of buildings in BAL-FZ (the Flame Zone); ■ include in the Building Code of Australia bushfire construction provisions for non-residential buildings that will be occupied by people who are particularly vulnerable to bushfire attack, such as schools, child care centres, hospitals and aged care facilities. |
REC181-0188 | 1 - Land-use and building regs | The State implement a regional settlement policy that: ■ takes account of the management of bushfire risk, including that associated with small, undeveloped rural lots; ■ includes a process for responding to bushfire risk at the planning stage for new urban developments in regional cities, the process being similar to that used for new developments in Melbourne’s Urban Growth Zone. |
REC181-0197 | 1 - Land-use and building regs | Standards Australia do the following: ■ amend the objective of AS 3959-2009, Construction of Buildings in Bushfire-prone Areas, to ensure that it incorporates reducing the risk of ignition from ember attack; ■ review, and amend as appropriate, the testing methods prescribed in its standards for Tests on Elements of Construction for Buildings Exposed to Simulated Bushfire Attack (AS 1530.8.1 and AS 1530.8.2) to ensure that, so far as is possible, the methods provide a reliable predictor of the performance of construction elements under bushfire conditions. |
REC181-0205 | 1 - Land-use and building regs | The State initiate the development of education and training options to improve understanding of bushfire risk management in the building and planning regimes by: ■ providing regular training and guidance material to planning and building practitioners; ■ providing regular training and guidance material to planning and building practitioners. |
REC181-0196 | 1 - Land-use and building regs | The State develop and implement a retreat and resettlement strategy for existing developments in areas of unacceptably high bushfire risk, including a scheme for non-compulsory acquisition by the State of land in these areas. |
REC181-0203 | 1 - Land-use and building regs | The State amend s. 32 of the Sale of Land Act 1962 to require that a vendor’s statement include whether the land is in a designated Bushfire-prone Area, a statement about the standard (if any) to which the dwelling was constructed, the bushfire attack level assessment at the time of construction (where relevant) and a current bushfire attack level assessment of the site of the dwelling. |
REC181-0191 | 1 - Land-use and building regs | The State: ■ amend the Victoria Planning Provisions to require that, when assessing a permit to remove native vegetation around an existing dwelling, the responsible authority and the Department of Sustainability and Environment, as referral authority, take into account fire hazard and give weight to fire protection purposes; ■ develop guidelines for determining the maximum level of native vegetation removal for bushfire risk mitigation, beyond which level the application would be rejected. |
REC181-0200 | 1 - Land-use and building regs | Standards Australia move expeditiously to develop a standard for bushfire sprinklers and sprayers. |
REC181-0190 | 1 - Land-use and building regs | The Country Fire Authority amend its guidelines for assessing permit applications for dwellings, nondwellings and subdivisions in the Bushfire-prone Overlay in order to accommodate the amendments to the Wildfire Management Overlay that are implemented as a result of recommendation 39 and make the guidelines available to municipal councils and the public. The revised guidelines should do the following: ■ substantially restrict new developments and subdivisions in those areas of highest risk in the Bushfire-prone Overlay; ■ set out the CFA’s guidelines for assessing permit applications for dwellings, non-dwellings and subdivisions—including the minimum defendable space requirements for different risk levels; ■ clarify that the CFA will approve new developments and subdivisions only if the recommended bushfire protection measures—including the minimum defendable space—can be created and maintained on a continuing basis; ■ clarify that the CFA will approve new developments and subdivisions only if the recommended bushfire protection measures—including the minimum defendable space—can be created and maintained on a continuing basis; ■ emphasise the need for enduring permit conditions—in particular, conditions for the creation and maintenance of minimum defendable space to be maintained for the life of the development. |
REC181-0199 | 1 - Land-use and building regs | The State modify its adoption of the Building Code of Australia for the following purposes: ■ to remove deemed-to-satisfy provisions for the construction of buildings in BAL-FZ (the Flame Zone); ■ to apply bushfire construction provisions to non-residential buildings that will be occupied by people who are particularly vulnerable to bushfire attack, such as schools, child care centres, hospitals and aged care facilities; ■ other than in exceptional circumstances, to apply a minimum AS 3959-2009 construction level of BAL-12.5 to all new buildings and extensions in bushfire-prone areas. |
Rec-ID | Code | Recommendation |
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REC166-3008 | 1 - Land-use and building regs | That any building fitted with heat-activated closing devices or fire and smoke doors be assessed to establish if it constitutes a fire hazard under section 165 of the Building Act 2000 and that, where appropriate, such doors be replaced with smoke activated doors. |
Rec-ID | Code | Recommendation |
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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. |
REC163-1941 | 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 |
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REC155-3471 | 6 - Insurance and legal liability | That the Victorian Government replace or compensate for water taken from domestic, stock and irrigation dams, or water needed for essential use, in the event of a fire, regardless of where the bushfire starts. |
REC155-3480 | 1 - Land-use and building regs | That the Integrated Fire Management Planning framework establish zones in the interface between public and private land in which bushfire risk management is the shared responsibility of the Victorian Government and private landholders. |
REC155-3481 | 6 - Insurance and legal liability | That the Victorian Government establish a clear and consistent Bushfire Fencing Policy for damage caused by all future bushfires and prescribed burns. The Bushfire Fencing Policy should include the following provisions: |
Rec-ID | Code | Recommendation |
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REC140-3558 | 6 - Insurance and legal liability | DHHS need to confirm adequate accident insurance coverage for staff working in retrieval medicine. Coverage specific to helicopter and fixed wing duties is required. |
Rec-ID | Code | Recommendation |
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REC121-3742 | 19 - Offences | The risk of abuse of internal passenger emergency door releases should be further reduced by introducing significant penalties for any improper use of such an emergency facility. It should be a criminal offence for anyone to use or tamper improperly with an emergency escape facility in a train. |
REC121-3703 | 6 - Insurance and legal liability | Alcohol and drug testing should be mandatory for any train driver or guard involved in any accident or incident. |
Rec-ID | Code | Recommendation |
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REC112-3927 | 6 - Insurance and legal liability | That PSB and PIRVIC review their service agreement to ensure that PIRVIC is compensated for its costs in providing PSB with the specified level of service. |
Rec-ID | Code | Recommendation |
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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. |
REC104-2218 | 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 |
REC104-2217 | 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. |
Rec-ID | Code | Recommendation |
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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_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_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_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. |
REC013_3974 | 1 - Land-use and building regs | To link up fallow paddocks and natural fire breaks by ploughing or burning breaks through private or public property, roads, &c. |
Rec-ID | Code | Recommendation |
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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. |