The Victorian Government to work with the Commonwealth Government and telecommunications carriers to ensure that there are appropriate arrangements, via existing services or alternatives, for communities to stay connected for 72 hours without network power supply.

The Victorian Government advocates for stronger telecommunications service reliability outcomes from the Australian Government, and associated telecommunications reviews.

Distribution businesses annually attest to the Minister for Energy and Resources. The attestation should include specific reference to, but not limited to: Review of emergency management practices including but not limited to review of risks and risk controls and testing of revised controls following all major events and exercises.

That the Victorian Government fast-track the implementation of flood studies into planning schemes. This should be done cooperatively with local councils and relevant stakeholders, group together flood studies into regional amendments, and use the Minister for Planning’s powers as required, within two years of completion.

That the Victorian Government fund the pilot of a ring levee development program in Northern Victoria to protect house and curtilage in flood-prone areas.

That the Victorian Government fund a resilient homes program to raise or retrofit residential properties at risk of flood inundation, and which prioritises homeowners affected by the 2022 flood event.

That the Victorian Government develop community-based initiatives and resource-sharing mechanisms, fostering resilience and solidarity among towns facing challenges from environmental disasters. These should ensure timely and effective responses to future crises, leveraging collective strength and kindness to aid in the recovery process.

That the Victorian Government support residents within 1% AEP floodplains, including with funded programs, to manage the risk facing their existing properties and make their properties more flood resilient.

That the Victorian Government ensure that the state’s existing culvert infrastructure in high-risk flood areas is fit for purpose, and that the Government also consult with local councils and other relevant stakeholders and prioritise betterment in any upgrade works deemed necessary.

That Victoria’s strategic land use planning limit inappropriate new housing and business developments inside 1% AEP floodplains.

That the Victorian Government further investigate options for increasing outlet capacity at Lake Eppalock. This investigation should involve:
- conducting a cost-benefit analysis to evaluate financial feasibility
- extensive stakeholder engagement to gather input from affected parties and communities
- examination of environmental effects
- environmental risk assessments to understand potential impacts on local ecosystems, wildlife and water quality
- reviewing water-sharing arrangements to ensure: –appropriate adjustments to maintain equitable water distribution and –compliance with legal and regulatory requirements.

That regional local councils work closely with their regional catchment management authorities to better understand, manage, and mitigate the risk of building on floodplains in regional Victoria.

That the efficacy and impact of the Flemington Racecourse flood wall be considered as part of Melbourne Water’s review of mitigation in the Maribyrnong River catchment announced following the updated flood modelling.

That the Victorian Government introduce amendments to the Planning and Environment Act 1987 (Vic) and Victoria Planning Provisions so that planning and other authorities must address climate change at all levels of the planning process.

That the Victorian Government ensure that major flood mitigation measures be assessed and reviewed to ensure they perform as intended.

That the Victorian Government require planning authorities, floodplain management authorities and other relevant actors to take account of the change in land use and especially projected changes to land use when setting flood levels for planning and development and the application of the land subject to inundation overlay.

Melbourne Water should investigate long term sustainable flood mitigation options for the Maribyrnong River.

Melbourne Water should investigate how it came to be satisfied with the reduction of the flood levels and finished floor levels at the Rivervue Retirement Village as specified in the endorsed plans dated 2 June 2009.

Melbourne Water should investigate the feasibility of installing one way valves on the outlets from the street and yard drainage from Evergreen Avenue (Rivervue Retirement Village).

Melbourne Water should seek the approval of the Minister for Planning to apply interim planning controls designating the Land Subject to Inundation Overlay in locations where flooding occurred, pending the update to the Mid Maribyrnong flood model.

Melbourne Water should take account of the change in land use and projected changes to land use when setting flood levels for planning and development and the application of the Land Subject to Inundation Overlay.

We recommend that DELWP determines which elements of different regional planning approaches are the most effective and implements these across the state.

We recommend that DELWP develops more holistic bushfire-management planning that focuses on the best mix of risk treatments rather than planned burning alone.

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.

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:
• the beneficiary pays principle will determine ownership and management;
• outside Melbourne, the ownership of, and responsibility for, the management and ongoing maintenance of all urban levees, including modern urban levees created under formal schemes, is assigned to local councils;
• in all other non‐metropolitan areas, CMAs are confirmed as the responsible authority for the management and ongoing maintenance of priority rural levee systems, where such levees, (a) have clearly identified beneficiaries who are willing to fund ongoing maintenance, and (b) are located, at least in part, on public land;
• in situations where there is a clear benefit and the majority of stakeholders are in agreement, consideration should be given to a special charge scheme, as determined by the Water Act 1989 (section 196); and
• privately built rural levees on private land remain owned and managed by the landholder.

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:
• the public land manager and beneficiaries reach agreement on types of access and upgrading or maintenance works to be performed, and the limits to such access; and
• the land manager consults with the floodplain manager to ensure reasonable standards are adhered to – modification of the levee will require a permit.
If required, legislation, such as the National Parks Act 1975, be amended to allow access to public lands by local landholders.

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.

Responsible authorities will identify low priority levees for potential removal, and have them removed when funding becomes available.

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.

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.

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.

A revised Victoria Flood Management Strategy should identify and assign roles and responsibilities for the management and ongoing maintenance of Victoria’s waterways, for the purposes of flood protection and flood mitigation:
• CMAs are confirmed as the responsible authority for the management and ongoing maintenance of waterways, including vegetation management, for the purposes of flood protection; and
• CMAs will negotiate with landholders, councils and other authorities, and conduct agreed flood mitigation works on the basis of beneficiary pays.

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:
• the public authority with ownership and management responsibilities for the levee;
• the beneficiaries of the levee;
• clear standards and expectations for the levee’s performance and its maintenance;
• where appropriate, a rationale for the rating of beneficiaries for ongoing maintenance; and
• all ad hoc township levees deemed to be permanent priority levees must be brought under an approved scheme.

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.

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:
• in the aftermath of a flood event, CMAs, in liaison with local councils, will manage debris posing a high risk to public infrastructure;
• the In‐stream Management Policy of CMAs will guide the post‐flood management of debris affecting the assets of private owner beneficiaries;
• DSE will review the woody debris removal practices of CMAs and develop new management guidelines; and
• engagement with stakeholders, including councils and landholders will take place prior to any large scale removal of woody weeds, such as willows, is undertaken by CMAs.

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:
• as part of their revised Regional Flood Strategies, CMAs will identify and prioritise levees within their catchments;
• that the Statements of Obligations for CMAs under the Water Act 1989 be amended to reflect these assigned roles and responsibilities; and
• prioritisation will be underpinned by the beneficiary pays principle.

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:
• the construction of appropriately designed rural ring levees around private assets;
• maintenance works on existing levee banks that do not exceed the original height of the levee, or alter the footprint of the levee; and
• where exemptions are granted, councils will ensure that an inspection regime remains to ensure new levees do not adversely impact others, and are not raised above their original height. The state government to also consider changing the referral role of CMAs under the Planning and Environment Act 1987, to that of an advisory role.

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.

Regulators can help to achieve improved outcomes by considering the issues identified by this review

Fire services can improve outcomes by initiating discussions with landfill operators about fire management planning and emphasising the critical importance of water supplies and early intervention

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

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.

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.

Standards Australia move expeditiously to develop a standard for bushfire sprinklers and sprayers.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

That CFA, DSE and MFESB continue to develop the partnership approach for fire safety with Local Government, industry and communities. 

That DSE, with adequate resourcing, moves to a 12-month cycle of fire management to establish and maintain a more appropriate and balanced work program of prevention/mitigation and suppression.

That DSE and CFA as part of their long term planning, and in conjunction with the Commonwealth Bureau of Meteorology, consider ways in which evidence for climate change and El Niño–Southern Oscillation cycle impacts on the likelihood of unplanned fire, can be better incorporated into preparedness and response planning.