Inquiry Search
Rec-ID | Code | Recommendation |
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REC322-4222 | 4 - Fire season preparation | The Inspector-General Emergency Management recommends the Department of Environment and Science undertake a review of campfire locations on K’gari, including all relevant signage on and off the island, maps and visitor permit information, to promote a consistent message about lighting campfires on K’gari. |
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. |
REC321-4204 | 4 - Fire season preparation | We recommend that DEWLP and CFA (in consultation with FRV) in partnership with councils, provide advice to government in line with the Safer Together: A new approach to reducing the risk of bushfire in Victoria policy on options to better resource the assessment of risk on private land, its treatment and activities to enforce compliance of land owners with risk-reduction treatments. |
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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REC318-4170 | 4 - Fire season preparation | The Inspector-General for Emergency Management recommends that responder agencies and Emergency Management Victoria review preparedness arrangements to ensure procedural documentation (including plans), recruitment, briefings and training are completed before significant seasonal events are likely to occur. Seasonal preparedness should culminate in attestations of assurance to confirm that: |
REC318-4175 | 4 - Fire season preparation | The Inspector-General for Emergency Management recommends that the Department of Environment, Land, Water and Planning (or the single entity referenced in Recommendation 4) – supported by other organisations with a legislated responsibility for fuel management – plan for and increase the application of non-burning fuel management treatments including mechanical means. The annual fuel management report should include the non-burn component of fuel management treatment, track annual change, and provide a comparison to the previous three years. |
Rec-ID | Code | Recommendation |
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REC317-4124 | 6 - Insurance and legal liability | In reviewing the Disaster Recovery Funding Arrangements, Australian, state and territory governments should examine the small disaster criterion, and financial thresholds generally. |
REC317-4066 | 2 - Emergency powers | The Australian Government should make provision, in legislation, for a declaration of a state of national emergency. The declaration should include the following components: |
REC317-4113 | 6 - Insurance and legal liability | The insurance industry, as represented by the Insurance Council of Australia, working with state and territory governments and other relevant stakeholders, should produce and communicate to consumers clear guidance on individual-level natural hazard risk mitigation actions insurers will recognise in setting insurance premiums. |
REC317-4108 | 4 - Fire season preparation | Australian, state and territory governments should review the assessment and approval processes relating to vegetation management, bushfire mitigation and hazard reduction to: |
REC317-4115 | 1 - Land-use and building regs | The Australian Building Codes Board, working with other bodies as appropriate, should: |
REC317-4075 | 6 - Insurance and legal liability | The Australian Government should afford appropriate legal protections from civil and criminal liability to Australian Defence Force members when conducting activities under an authorisation to prepare for, respond to and recover from natural disasters. |
REC317-4107 | 4 - Fire season preparation | Public land managers should clearly convey and make available to the public their fuel load management strategies, including the rationale behind them, as well as report annually on the implementation and outcomes of those strategies. |
REC317-4114 | 1 - Land-use and building regs | State, territory and local governments should be required to consider present and future natural disaster risk when making land-use planning decisions for new developments. |
REC317-4087 | 4 - Fire season preparation | State and territory governments, working with local governments and fire and emergency service agencies, should ensure that there are appropriate arrangements for roadside vegetation management that take into account, among other things: |
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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REC299-1342 | 6 - Insurance and legal liability | That fire managers responsible for planned burns be |
REC299-1348 | 4 - Fire season preparation | In keeping with the Victorian Bushfires Royal Commission’s findings and recommendations, human life has primacy in bushfire‑related regulations and it is important that this is maintained in the implementation of bushfire management overlays and relevant vegetation removal exemptions should reflect the primacy of human life. |
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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REC268-1429 | 2 - Emergency powers | A dynamic online list of positions and contact details is published for those able to authorise Emergency Alert, and made accessible to local government. |
Rec-ID | Code | Recommendation |
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REC258-2540 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority continues to provide appropriate indemnity to all industry personnel with delegations of authority. |
REC258-2557 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority reassesses the penalties in the Civil Aviation Safety Regulations. |
REC258-2550 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority introduces grading of Non-Compliance Notices on a scale of seriousness. |
REC258-2544 | 6 - Insurance and legal liability | The Australian Transport Safety Bureau transfers information from Mandatory Occurrence Reports to the Civil Aviation Safety Authority, without redaction or de-identification. |
REC258-2543 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority reintroduces a ‘use of discretion’ procedure that gives operators or individuals the opportunity to discuss and, if necessary, remedy a perceived breach prior to CASA taking any formal action. This procedure is to be followed in all cases, except where CASA identifies a Serious and Imminent Risk to Air Safety. |
Rec-ID | Code | Recommendation |
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REC256-1570 | 1 - Land-use and building regs | All governments should put in place best-practice institutional and governance arrangements for the provision of public infrastructure, including road infrastructure. These should include: |
REC256-1564 | 6 - Insurance and legal liability | State and territory governments, local governments and insurers should explore opportunities for collaboration and partnerships. Partnerships, for example, could be formed through the Insurance Council of Australia and state-based local government associations (or regional organisations of councils). Consideration could be given to the Trusted Information Sharing Network model. Partnerships could involve: |
REC256-1572 | 6 - Insurance and legal liability | Insurers should provide additional standardised information to households regarding their insurance policies, the natural hazards they face and indicative costs of rebuilding after a natural disaster. This work should be led by the Insurance Council of Australia developing guidelines, within one year, to ensure consistency in the provision and presentation of this information across insurers. |
Rec-ID | Code | Recommendation |
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REC241-0998 | 4 - Fire season preparation | That Rural Fire Service Queensland instigates a hazard mitigation operational period, (E.G. Operation Cold Burn), at suitable times each year as appropriate by area. |
REC241-0992 | 4 - Fire season preparation | That District Inspectors be responsible for consultation with Fire Wardens during the development of District fire management plans. |
REC241-0991 | 4 - Fire season preparation | That annual planning be undertaken at each level that addresses hazard actions across all disaster management phases (ie: prevention, preparation, response and recovery), with a focus on vegetation and land management. This planning is to be consistent with the hazard- specific planning envisaged under the Queensland Disaster Management Arrangements and be supported by guidelines to be developed and issued by Rural Fire Service Queensland. District plans are to be approved by the Director- General or equivalent for the Department of Community Safety and will inform a State Wildfire Management Plan to be approved by the State Disaster Management Group. |
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. |
REC241-0968 | 4 - Fire season preparation | That a Mitigation Officer position be created to assist the District offices and District Fire Management Groups (refer to Recommendations 40 to 46) in developing their fire management plans and to ensure mitigation work is being conducted. |
REC241-1000 | 4 - Fire season preparation | That the provisions of the Vegetation Management Act 1999 should be clarified to ensure that effective and accessible firebreaks or fire control lines are established in order that assets can be protected. The decision on the construction of these firebreaks and fire control lines is to be made by the landowner in conjunctions with the local Rural Fire Brigade or Fire Warden |
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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REC236-2783 | 2 - Emergency powers | The committee recommends that the Australian Transport Safety Bureau retrieve VH-NGA flight data recorders without further delay. |
Rec-ID | Code | Recommendation |
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REC229-2841 | 1 - Land-use and building regs | The committee recommends that credible and reliable flood mapping activities and the development of other information that would best inform landowners or prospective landowners of potential risks from extreme weather events are prioritised and used to inform land use planning laws. |
REC229-2842 | 1 - Land-use and building regs | The committee recommends that building codes incorporate mitigation measures that take into account foreseeable risks from extreme weather events. |
Rec-ID | Code | Recommendation |
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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: |
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. |
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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REC210-0613 | 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. |
REC210-0699 | 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. |
REC210-0628 | 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. |
REC210-0727 | 2 - Emergency powers | The Disaster Management Act 2003 should be amended to give the chief executive of the department administering the Act (or his or her delegate) the authority to appoint an officer of Emergency Management Queensland to direct SES operations in extraordinary circumstances |
REC210-0703 | 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. |
REC210-0612 | 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. |
REC210-0686 | 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. |
REC210-0627 | 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. |
REC210-0702 | 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. |
REC210-0611 | 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. |
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. |
REC210-0626 | 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. |
REC210-0701 | 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. |
REC210-0633 | 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. |
REC210-0625 | 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. |
REC210-0700 | 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. |
REC210-0631 | 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. |
REC210-0761 | 2 - Emergency powers | The Queensland Government should consider whether to empower Seqwater, through the flood operations centre, to direct CS Energy to stop or delay releases from Splityard Creek Dam where a flood event is declared under the Manual of Operational Procedures for Flood Mitigation at Wivenhoe Dam and Somerset Dam. |
REC210-0747 | 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. |
REC210-0616 | 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. |
REC210-0629 | 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. |
REC210-0754 | 2 - Emergency powers | As part of the longer term review of the Manual of Operational Procedures for Flood Mitigation at Wivenhoe Dam and Somerset Dam the Queensland Government should consider whether the dam operators should be able to extend the drawdown of the lake beyond seven days in order to reduce downstream bank slumping |
REC210-0735 | 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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC205-1901 | 1 - Land-use and building regs | The Council of Australian Governments’ Building Ministers’ Forum should provide formal direction to the Australian Building Codes Board to: |
REC205-1900 | 1 - Land-use and building regs | As a priority, state and territory governments should ensure that land-use planning systems are sufficiently flexible to enable a risk management approach to incorporating climate change risks into planning decisions at the state, territory, regional and local government levels. Consideration should be given to: |
REC205-1906 | 6 - Insurance and legal liability | Governments should not subsidise household or business property insurance, whether directly or by underwriting risks. |
REC205-1905 | 6 - Insurance and legal liability | The Australian Government should only proceed with reforms that require all household insurers to offer flood cover if it can be demonstrated that the benefits to the wider community would exceed the costs. |
Rec-ID | Code | Recommendation |
---|---|---|
REC199-0441 | 4 - Fire season preparation | the state undertake further trials to explore the opportunity for greater use of social media as a credible source of information to and from the public during an emergency |
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. |
REC199-0444 | 2 - Emergency powers | the state, as a matter of urgency, develop a multi-agency Incident Control Team capability to be readily available for statewide deployment to establish incident control or to relieve functioning control structures. |
Rec-ID | Code | Recommendation |
---|---|---|
REC195-0334 | 4 - Fire season preparation | The Fire Services Commissioner leads a task force to: a. identify legislation, policies and guidelines that impact on vegetation management and recommend necessary changes b. develop a set of risk-based standards for vegetation management with respect to strategic firebreaks and the assets being protected c. integrate maintenance standards across all areas of responsibility and tenure. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC187-2947 | 6 - Insurance and legal liability | That the Agency charge insurers a small administrative fee for each policy ceded to the reinsurance facility. |
REC187-2963 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend the General Insurance Code of Practice to require that: |
REC187-2930 | 6 - Insurance and legal liability | That flood premium discounts be provided, in the same manner as for homes, to the bodies corporate of eligible properties, and on the same basis as for detached homes. |
REC187-2952 | 6 - Insurance and legal liability | That lending institutions remind mortgagors annually of their obligations to hold home insurance and of the risks of under-insurance in order to minimise non-insurance and under-insurance of homes. |
REC187-2968 | 6 - Insurance and legal liability | That the Government give priority to introducing legislation necessary to ensure that all home, contents and home unit insurance policies include flood cover and to establish a new national agency for flood risk management and flood reinsurance purposes. |
REC187-2919 | 6 - Insurance and legal liability | That all home insurance, home contents and home unit insurance policies include flood cover. |
REC187-2935 | 6 - Insurance and legal liability | That flood premium discounts not be provided to small businesses and that the reinsurance facility not offer reinsurance for small businesses. |
REC187-2940 | 6 - Insurance and legal liability | That for home contents insurance policies, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $100,000. For contents with a value greater than $100,000 policyholders then pay the full cost of the portion of risk exceeding $100,000. |
REC187-2957 | 6 - Insurance and legal liability | That the Commonwealth Government introduce a standard definition of flood in the form proposed in the ‘Reforming flood insurance: Clearing the waters’ consultation paper. |
REC187-2924 | 6 - Insurance and legal liability | That whenever flood cover is included in home building insurance policies: |
REC187-2945 | 6 - Insurance and legal liability | That to facilitate flood risk information being made publicly available, Commonwealth, State and Territory governments grant indemnities to the providers of flood risk information if the information is obtained and provided in good faith and in the absence of any gross negligence. |
REC187-2962 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend clause 4.5 of the General Insurance Code of Practice to extend the time within which claimants in natural disasters have the right to make further claims or lodge reviews after the finalisation of an initial claim to seven months from the date of the relevant natural disaster, regardless of when the initial claim was finalised. |
REC187-2929 | 6 - Insurance and legal liability | That all home unit insurance policies include flood cover, in the same manner as for homes. |
REC187-2951 | 6 - Insurance and legal liability | That access to insurance be enhanced through the development of alternative payment options, in particular: |
REC187-2967 | 6 - Insurance and legal liability | That the current formula for the cost of rebuilding of State and Territory assets under the Natural Disaster Relief and Recovery Arrangements be changed to expenditure before any insurance recoveries by the State or Territory rather than net of any insurance recoveries. |
REC187-2934 | 6 - Insurance and legal liability | That all insurers offering small business insurance be obliged to include flood cover on an opt-out basis, instead of an opt-in/opt-out basis as at present, in all of their small business package policies. |
REC187-2939 | 6 - Insurance and legal liability | That for body corporate insurance policies receiving full discounts, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $500,000 times the number of units. For properties with a value greater than $500,000 times the number of units policyholders then pay the full cost of the portion of risk exceeding $500,000 times the number of units. |
REC187-2956 | 6 - Insurance and legal liability | That a ‘health warning’ be provided by insurers to the purchasers of home and contents policies that do not include full flood cover or full replacement cover. The health warning should be provided: |
REC187-2923 | 6 - Insurance and legal liability | That home building and home contents insurance should not be made compulsory. |
REC187-2944 | 6 - Insurance and legal liability | That the Commonwealth seek reimbursement of some portion of the shortfall from the State or Territory government in whose jurisdiction the flood occurred. |
REC187-2961 | 6 - Insurance and legal liability | That the Insurance Council of Australia repeal clauses 4.3 and 4.4 of the General Insurance Code of Practice, so that claims arising from natural disasters are subject to the same minimum standards as other claims — including the four month time limit for a determination on liability and the nature of the loss/damage with respect to the claim. |
REC187-2928 | 6 - Insurance and legal liability | That there be limitations on the size of the discount available to high-value homes. |
REC187-2950 | 6 - Insurance and legal liability | That the Commonwealth engage with the insurance industry and the States and Territories in planning for the future coordination of charitable and government payments to individuals to assist with recovery after future natural disasters. |
REC187-2966 | 6 - Insurance and legal liability | That the Commonwealth and State governments provide funding for legal advice and assistance with insurance disputes following natural disasters. |
REC187-2933 | 6 - Insurance and legal liability | That discounts be provided, in the same manner as for homes, to home contents insurance policies for eligible properties. |
REC187-2938 | 6 - Insurance and legal liability | That for home building insurance policies receiving full discounts, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $500,000. For properties with a value greater than $500,000 policyholders then pay the full cost of the portion of risk exceeding $500,000. |
REC187-2955 | 6 - Insurance and legal liability | That, in endorsing the Government proposal for a Key Facts Statement, the Key Facts Statement list replacement cover and all natural disaster events, identified as ‘standard cover’ in the Insurance Contracts Regulations 1985. That insurers issue a Key Facts Statement to policy holders with all new policies written and all policy renewals on an annual basis. |
REC187-2922 | 6 - Insurance and legal liability | That all home building insurance policies include flood cover. |
REC187-2943 | 6 - Insurance and legal liability | That the Commonwealth Government guarantee payment of claims from the reinsurance pool by ensuring that, whenever a funding shortfall occurs in the pool through claims exceeding the funds held in the pool, the Commonwealth would meet the shortfall. |
REC187-2960 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend the Code of Practice to impose a four month time limit (subject to exceptional circumstances) to make a determination as to liability and the nature of the loss or damage with respect to a claim. That, should a claimant not receive a determination within the four month period, the claim be automatically escalated to an internal dispute resolution complaint and the insurer notify the Code Compliance Committee of the breach of the Code. |
REC187-2927 | 6 - Insurance and legal liability | The levels of the discounts and the phasing out periods be reviewed from time to time. |
REC187-2949 | 6 - Insurance and legal liability | That all home, contents and home unit insurance policies cover the policyholder for storm surge, tsunami and landslide, where the storm surge, tsunami or landslide is the result of another event that is covered under the policy and regardless of whether the insured property directly suffers damage from the underlying insured event. |
REC187-2965 | 6 - Insurance and legal liability | That ASIC conduct a review of the General Insurance Code of Practice three years after the amendments recommended to the Code in this Review are implemented, in order to assess the effectiveness of the Code with a view to determining whether an ASIC Regulatory Guide for claims handling should then be introduced. |
REC187-2932 | 6 - Insurance and legal liability | That all home contents insurance policies include flood cover. |
REC187-2954 | 6 - Insurance and legal liability | That subsection 35(2) of the Insurance Contracts Act 1984 be amended so that policyholders are not deemed to be clearly informed of a deviation from ‘standard cover’ by simply being provided a copy of the insurance policy or product disclosure statement. |
REC187-2921 | 6 - Insurance and legal liability | The Commonwealth Government guarantee the payment of claims by ensuring that, whenever a funding shortfall occurs in the reinsurance facility through claims exceeding the funds held in the facility, the Commonwealth would meet the shortfall and the Commonwealth would seek reimbursement of a portion of the shortfall from the State or Territory government in whose jurisdiction the flood occurred. |
REC187-2937 | 6 - Insurance and legal liability | That flood premium discounts be delivered through a model that requires insurers to retain and price a portion of the risk with the remainder to be ceded to the reinsurance facility at a discounted reinsurance premium. |
REC187-2942 | 6 - Insurance and legal liability | That a flood risk reinsurance facility, or reinsurance pool, be established which would have two primary functions: |
REC187-2959 | 6 - Insurance and legal liability | That every APRA-authorised general insurer adopt and comply with the General Insurance Code of Practice. |
REC187-2926 | 6 - Insurance and legal liability | That flood premium discounts be provided for home building insurance for eligible homes: |
REC187-2948 | 6 - Insurance and legal liability | That: |
REC187-2964 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend the General Insurance Code of Practice such that the General Insurance Code Compliance Committee: |
REC187-2931 | 6 - Insurance and legal liability | That the definition of a home for the purposes of flood cover and flood premium discounts be any building for which a homeowner purchases a home insurance policy. |
REC187-2953 | 6 - Insurance and legal liability | That all home building insurance policies providing sum insured cover be modified by the end of 2014 so as to include replacement value cover in the event of total loss of the home. That during the transition period insurers consider how the design features of home building replacement value policies should respond following a natural disaster, including the conditions under which cash settlements are to be offered and finalised. |
REC187-2920 | 6 - Insurance and legal liability | That a system of premium discounts be introduced in order that most purchasers of home insurance, home contents and home unit insurance policies in areas subject to flood risk be eligible for discounts against the full cost of flood insurance. |
REC187-2936 | 6 - Insurance and legal liability | That the questions of flood cover as standard in small business policies and access to discounted premiums for small business policyholders should be revisited once the recommended arrangements for homes, home units and home contents are in place. |
REC187-2941 | 6 - Insurance and legal liability | That homes at high and extreme risk of flood be provided with discounts initially and that they be assessed regularly for mitigation work already undertaken and the potential for further mitigation. |
REC187-2958 | 6 - Insurance and legal liability | That, in order to give general insurance policyholders the same legal remedies as other consumers, unfair contract terms laws be applied to general insurance. |
REC187-2925 | 6 - Insurance and legal liability | That the following five principles underpin the design of a system of premium discounts: |
Rec-ID | Code | Recommendation |
---|---|---|
REC185-1932 | 6 - Insurance and legal liability | The committee recommends that a particular focus of the Natural Disasters Insurance Review into the adequacy of current insurance arrangements should be on whether the international insurance market offers reinsurance for the states' and territories' road networks. |
REC185-1930 | 6 - Insurance and legal liability | The committee recommends that the Commonwealth Government consult with state and territory governments to ensure that the states' and territories' captive insurance and reinsurance arrangements are reported transparently and on a comparable basis. |
REC185-1933 | 6 - Insurance and legal liability | The committee recommends that the Commonwealth Treasury clarify what is meant by the term 'cost-effective' as it relates to the 2011 NDRRA Determination and the scrutiny of the states' and territories' insurance arrangements. |
Rec-ID | Code | Recommendation |
---|---|---|
REC181-0210 | 4 - Fire season preparation | The State amend the exemptions in clause 52.17-6 of the Victoria Planning Provisions to ensure that the provisions allow for a broad range of roadside works capable of reducing fire risk and provide specifically for a new exemption where the purpose of the works is to reduce bushfire risk. |
REC181-0204 | 2 - Emergency powers | The State amend the Country Fire Authority Act 1958 to enable the Chief Officer to delegate the power to issue fire prevention notices. |
REC181-0191 | 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. |
REC181-0192 | 4 - Fire season preparation | The Department of Sustainability and Environment develop and administer a collective offset solution for individual landholders who are permitted to remove native vegetation for the purpose of fire protection. |
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. |
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. |
REC181-0212 | 4 - Fire season preparation | VicRoads implement a systematic statewide program of bushfire risk assessment for all roads for which it is responsible, to ensure conformity with the obligations in s. 43 of the Country Fire Authority Act 1958 and with the objectives expressed in the VicRoads 1985 Code of Practice. |
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. |
REC181-0211 | 4 - Fire season preparation | The State and Commonwealth provide for municipal councils adequate guidance on resolving the competing tensions arising from the legislation affecting roadside clearing and, where necessary, amend environment protection legislation to facilitate annual bushfire-prevention activities by the appropriate agencies. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC177-3369 | 6 - Insurance and legal liability | The obligation of companies involved in an incident to meet the full costs of monitoring and remediation should be made a condition of approval of proposals under the EPBC Act and OPGGS Act. Suitable arrangements (insurance or otherwise) need to be in place to ensure that companies have this capacity. |
REC177-3365 | 6 - Insurance and legal liability | The National Plan should specify that the cost of responding to an oil spill, or other damage to the offshore marine environment, will be totally met by the owner/operator. This would be consistent with the Inquiry’s recommendation for legislative changes to the regulatory framework concerning owner/operators meeting the cost of monitoring and remediation of environmental damage. |
REC177-3310 | 6 - Insurance and legal liability | Consideration should be given to ways to ensure that contractors who are involved in barrier installation (such as cementing companies) have a direct interest in the performance of works to a proper standard. In particular, consideration should be given to (i) preventing contractors from avoiding the economic consequences of negligent installation of barriers; and/or (ii) imposing specific legislative standards of workmanship on contractors with respect to well control (similar to those which presently apply to licensees). |
REC177-3345 | 2 - Emergency powers | NOPSA’s prohibition powers should be extended such that a prohibition notice can be issued where a NOPSA Occupational Health and Safety Inspector believes, on reasonable grounds, that an activity is occurring or may occur at a facility involving an immediate threat to the health or safety of a person. |
Rec-ID | Code | Recommendation |
---|---|---|
REC176-0142 | 1 - Land-use and building regs | The Commonwealth consult with local, state and territory government planning authorities on the development and dissemination of a house loss risk index for households in Australia's highest risk bushfire areas. |
REC176-0140 | 4 - Fire season preparation | The Commonwealth seek agreement from the states and territories that would enable it to evaluate the adequacy of fuel reduction programs applied by public land management agencies in high bushfire risk areas, and audit their implementation against the program's stated objectives. |
Rec-ID | Code | Recommendation |
---|---|---|
REC165-0086 | 2 - Emergency powers | Suggested escalation trigger points be discussed with District Disaster Coordinators and Local Disaster Coordinators, and if considered practical and useful, be incorporated in Local, District and State Disaster Management Plans. |
REC165-0081 | 2 - Emergency powers | District and State levels utilise the current Act to make pre-emptive declarations of a disaster event (likely disasters) so as to be proactive in leading and controlling disaster events. All levels of the system should immediately notify other levels if they activate the Disaster Management arrangements. The Public Safety Preservation Act 1986 be amended to provide powers for Police Officers to provide an immediate response in the event of a rapid onset disaster event such as a landslide. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC155-3481 | 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: |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC145-3222 | 1 - Land-use and building regs | The Committee recommends that the Australian Government: |
REC145-3215 | 1 - Land-use and building regs | The Committee recommends that the Building Code of Australia, including cyclone building codes, be revised with the objective of increasing resilience to climate change. |
REC145-3214 | 1 - Land-use and building regs | The Committee recommends that the Australian Government consider the benefits of adopting a nationally consistent sea level rise planning benchmark and, if so, whether this be done on a statutory basis or otherwise. The outcomes of this consideration should then be included as part of the action plan for the proposed Intergovernmental Agreement on the Coastal Zone. |
REC145-3213 | 1 - Land-use and building regs | The Committee notes the Council of Australian Governments initiative (through the Local Government and Planning Ministers Council) to develop state-specific climate change planning policies by mid 2011, to inform local governments and regional planning responses to climate change. The Committee recommends that the Australian Government ensure that the outcomes of this initiative are included as part of the action plan under the proposed new Intergovernmental Agreement on the Coastal Zone. |
REC145-3212 | 6 - Insurance and legal liability | The Committee recommends that the Australian Government request the Productivity Commission to undertake an inquiry into the projected impacts of climate change and related insurance matters, with a particular focus on: |
Rec-ID | Code | Recommendation |
---|---|---|
REC116-2119 | 6 - Insurance and legal liability | The Working Group recommends that the National Recovery Coordinators Group approach the Investment and Financial Services Association Limited, with a view to identifying the most appropriate way of engaging the life insurance industry in the recovery process. |
Rec-ID | Code | Recommendation |
---|---|---|
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 |
---|---|---|
REC104-2220 | 2 - Emergency powers | That CFA should not be given the power to direct Forest Industry Brigades to engage in fire prevention and suppression activities off their land and that decision should remain the responsibility of the plantation company. |
REC104-2231 | 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 |
---|---|---|
REC098-2175 | 6 - Insurance and legal liability | The Committee recommends that insurance companies ensure that potential and existing policyholders are aware of the need to regularly review their insurance policies to prevent undervaluing. This could be done through renewal notices and quarterly reminders. This should include a list of bushfire risk reduction measures that policyholders can implement to decrease the cost of their premium. |
REC098-2172 | 6 - Insurance and legal liability | The Committee recommends that taxes on insurance premiums be calculated only on the premium in order to eliminate the current cascading cost. |
REC098-2168 | 2 - Emergency powers | The Committee recommends that the Commonwealth investigate, and where necessary, require the urgent enhancement of the provision of emergency power and telecommunications services for the purpose of |
REC098-2178 | 1 - Land-use and building regs | The Committee recommends that Standards Australia review the clarity of AS3959–1999: Construction of buildings in Bushfire Prone Areas to ensure that all relevant stakeholders can interpret and apply the Standard in the way it is intended. |
REC098-2136 | 4 - Fire season preparation | The Committee recommends that the Commonwealth through the National Heritage Trust assist the states and territories in the construction, maintenance and signage of fire trail networks. |
REC098-2157 | 6 - Insurance and legal liability | The Committee recommends that the Commonwealth Government work with Australasian Fire Authorities Council to review the insurance cover provided to volunteer fire fighters in all states and territories and ensure that cover is adequate for loss of life or injury and related loss of income and property lost in the line of duty. |
REC098-2176 | 1 - Land-use and building regs | The Committee recommends that Standards Australia incorporate building maintenance into AS3959–1999: Construction of buildings in Bushfire Prone Areas, perhaps renaming it as AS3959–1999: Construction and maintenance of buildings in Bushfire Prone Areas. |
REC098-2133 | 1 - Land-use and building regs | The Committee recommends that the Commonwealth seeks to ensure that the Council of Australian Governments resolve when asset protection zones will be located on private land and when on public land and gain assurances that adequate maintenance of zones will be enforced. |
REC098-2183 | 6 - Insurance and legal liability | Further to recommendation 21 in Chapter 4, the Committee recommends that the Commonwealth seeks to ensure that the proposed Council of Australian Governments review of the bushfire management, initiate |
Rec-ID | Code | Recommendation |
---|---|---|
REC037-4169 | 4 - Fire season preparation | Mitigation and preparedness be enhanced and maintained for the future. Some co—ordinating mechanism or system be introduced at State Government level for this purpose. [Reference paragraphs: 114 to 128] |
Rec-ID | Code | Recommendation |
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REC016_3952 | 4 - Fire season preparation | It is recommended that the question of the future responsibility be made certain and that the body so made responsible keep the grounds of the hospital free from undergrowth and trees wherever their presence may be a possible source of future danger. |
REC016_3950 | 4 - Fire season preparation | It is recommended that on days of abnormal danger loads of briquettes be not kept in the station yard. The real danger, which transcends in gravity the danger of time destruction of loads of briquettes, is that the prevailing wind or a change of wind might carry showers of burning embers to the town, which is but the width of a road away, and thereby cause material damage in the town. It is further recommended that the yard and its surroundings be kept clear of scrub and growth; and that special provision be made for quelling fire which may break out in the deposits of inflammable dust which lie in time yard. |