All spheres of government, business and communities have responsibilities in planning for and responding to climate change. In order for climate risks to be appropriately managed and for duplication of effort to be avoided, the next step is to seek clarity in climate change adaptation responsibilities. The Victorian Government acknowledges there is a risk posed by climate change and a need to support national and global action to reduce greenhouse gas emissions. Victoria is supporting national action to reduce greenhouse gas emissions and maintaining its important role of managing and adapting to climate risks and supporting the Victorian economy under national policy settings. In 2013 the Victorian Government released the first Victorian Climate Change Adaptation Plan which sets out how the Victorian Government is managing the risks of a changing climate to Victoria’s assets, essential infrastructure and services such as waterways, transport systems and healthcare and emergency response systems. The plan highlights that partnerships between state and local government are critical to adaptation in Victoria. The impacts of a changing climate are complex and evolving. Accordingly, it is expected that responsibilities for responding to these impacts will evolve over time. This will necessitate continuous collaborative effort between Victoria’s local governments and the state government. This is a Memorandum of Understanding (MoU) agreed to by: the Victorian Minister for Environment and Climate Change on behalf of the Victorian Government; the President of the Municipal Association of Victoria on behalf of local government in Victoria; and the Chair of the Victorian Adaptation and Sustainability Partnership (VAS Partnership) Ministerial Advisory Committee on behalf of the VAS Partnership. The VAS Partnership Ministerial Advisory Committee consists of representatives from all three local government peak bodies, four senior councillors, two representatives from state government and the Parliamentary Secretary for the Environment. For more information see: www.depi.vic.gov.au/vasp This MoU formalises the partnership between state and local government to increase clarity of responsibilities in climate change adaptation. The MoU provides a framework for action by setting out: agreed principles to guide state and local government work in climate change adaptation; a list of the priority areas of adaptation where responsibilities require clarity; and a shared commitment to engage and work on these priority areas to increase clarity. 1 The parties acknowledge that this MoU is not intended to create any legally binding rights or obligations and will not be enforceable in any court of law in Australia. This MoU does not over-ride responsibilities set out in legislation or existing policies. The parties recognise the high-level adaptation roles and responsibilities set out in the Victorian Climate Change Adaptation Plan, which are based on the Council of Australian Governments’ Select Council on Climate Change’s Statement of Common Understanding. The work that flows from this MoU will provide more detail and practical application of these roles and responsibilities. The parties also recognise that state and local governments are already delivering a broad range of work that increases Victoria’s climate resilience. Often this work is embedded in governments’ core business or risk management procedures and is not always explicitly labelled ‘climate change adaptation’. This MoU seeks to acknowledge and further encourage this process of embedding. Responding to climate risks and impacts will require both spheres of government to navigate uncertainty. Climate change impacts vary for different local government areas, communities and regions and therefore flexibility is needed to allow for municipalities to respond in different ways. Principles are a proven way of providing guidance to deal with uncertainty, conveying useful information that can be flexibly applied and build shared understanding. The parties agree that the principles below should inform state and local government work in climate change adaptation. The principles are consistent with those in the Victorian State-Local Government Agreement, the Victorian Climate Change Act 2010 and the Victorian Climate Change Adaptation Plan. Mutual respect - State and local government work in climate change adaptation should be conducted in a spirit of mutual respect for the differentiated yet complementary accountabilities and obligations of state and local government: The Victorian Government is accountable to the people of Victoria and its state-wide obligations are recognised. Local government is accountable to its local communities and its operational autonomy is recognised and supported. Mainstreaming - Adaptation responses should be embedded in existing policies or programs (including existing risk management strategies) in order for responses to be efficient, effective and sustained. Vulnerability - Climate impacts will be different for different groups, communities and regions. Planning and decision making should take into account that some Victorians, and Victorian local government areas, may be more socially and economically vulnerable to climate-related impacts, and have less capacity to respond. These local government areas and communities may require greater attention. 2 Uncertainty - Responding to climate change requires decision making under uncertainty. Decisions should not rely on a lack of certainty as a reason to postpone taking appropriate measures to prevent serious or irreversible loss or damage. Adaptive management - Adaptive management practices should be supported, encouraging learning from experience and sharing of knowledge to improve climate change adaptation responses. Future focus - It is important to balance the needs of future generations with those of the current generation and ensure that decisions made today do not adversely impact future capacity to adapt to climate risks or take advantage of opportunities. Informed decision making - Decisions relating to climate change adaptation should be informed by best practicably available information about changes in climate and the impacts of these changes. Local knowledge and values should also be incorporated into decision making. Integrated decision making - Adaptation planning and decision making should aim to: integrate across state government and local government to avoid duplication and coordinate at a regional level when appropriate; develop adaptation actions with co-benefits and ensure these actions do not undermine emissions abatement efforts; give priority to addressing high impact risks and identifying robust options that deliver benefits at least cost to the community under a range of future climate change scenarios; and avoid maladaptation so that actions taken to manage climate risks do not impact adversely on, or increase the vulnerability of, other systems, sectors or social groups. Community empowerment - Innovative and effective adaptation relies on engaging and empowering the community. Examples of this may be to apply different approaches to informing and communicating with different communities about climate change adaptation, and effective acknowledgement of local values. Climate change impacts across a large range of Victorian assets, services and decision making processes. In order to focus efforts efficiently and effectively, the parties agree that the areas listed below be the focus of work between state and local government regarding adaptation responsibilities, commencing in 2015. Identifying priority areas that require attention is an important step in the evolution of the relationship between state and local government on climate change adaptation. The priority areas below were informed by round-tables with state and local government in May 2014, local government submissions to the Australian Productivity Commission Report Barriers to Effective Climate Change Adaptation and ongoing informal engagement between the spheres of government. This engagement indicated that these areas are a priority and that within each area there are certain shared or respective responsibilities of state and local government that are unclear. The parties 3 acknowledge that there is a range of existing work and guidance within each of these priority areas which future work will seek to complement rather than duplicate. a. Sea level rise Sea level rise is projected to affect Victoria’s coasts through inundation, increased erosion, coastal flooding and storm surge. This priority area could include a focus on: coastal land-use planning decisions; identifying further areas where local coastal hazard assessments and associated adaptation plans could be undertaken; ongoing assessment of the functionality of existing protective structures; improved understanding of the key assets (natural and built) at risk from coastal hazards; working with communities to communicate anticipated changes and responses to impacts on their beaches and foreshores from erosion and inundation. b. Agricultural productivity and economic development Existing and projected changes in temperature, rainfall and subsequent seasonal variability have significant impacts on, and potential opportunities for, agricultural productivity patterns. This has consequences for the economies of regional and rural areas and Victoria’s economy as a whole. Work in this area could include the identification of information and capacity gaps and clarification of the responsibilities of various stakeholders for supporting economic development of regions. c. Community engagement, empowerment and information provision Community engagement is important to inform government of emerging adaptation priorities, help the community understand potential climate risks and to empower the community to take action in climate change adaptation. This priority area could include: focus on clarifying responsibilities in the provision and sharing of information; direction on where to find the most current information; guidance on interpretation of highly technical research; and proactive community empowerment. d. Resilience to extreme weather events The projected changes in Victoria’s climate, including higher annual mean temperatures and fewer and heavier rainfall days, increase the risk of extreme weather events like heatwaves, bushfires, and flooding. Resilience to these events requires preparedness, response and recovery – representing an enormous range of institutions and responsibilities. Engagement in this area could include focus on pathways to increasing resilience such as improved land-use planning. e. Vulnerable communities Parts of Victoria’s population are socially, economically, culturally or geographically more vulnerable to the impacts of climate change, for example, heatwaves. Vulnerable populations may also have reduced capacity to adapt. Understanding both spheres of government’s responsibilities in supporting these population groups is critical to building Victoria’s resilience to climate change. Many of these priority areas cannot be considered in isolation, for example resilience to extreme weather events, vulnerable communities and sea level rise are strongly connected. The priority areas also require consideration of impacts on Victoria's economy, environment, community safety and well-being. Similarly, there are areas that emerged during the engagement process that are relevant to all priority areas, such as: capacity building; capability; resourcing models; risk management; strategic planning; connectivity across jurisdictional boundaries; and complementarity between all 4 spheres of government. These matters will need to be considered within each priority area in the next phase of work. The parties commit to the common purpose of increasing the clarity of shared and respective adaptation responsibilities in the priority areas above. This will include the joint development of guidance notes and case studies that will increase clarity in priority areas and demonstrate the agreed principles in this MoU. The Victorian Government commits to continuing work, in partnership with local government and other key stakeholders, to actively explore the issue of clarifying legal liability for climate-related risks. This will be informed by work on MoU priority areas and could include guidance for managing climate-related liability with an emphasis on better information sharing and improved understanding of risk management practices for climate-related risks. Work will be guided by the Victorian State-Local Government Agreement and will be informed by Victorian, national and international examples of successful adaptation, and by relevant expertise. The parties commit to developing a 2015-2016 work plan for the identified priority areas by March 2015. The work will not duplicate progress made through other processes. This MoU and the future work it enables will inform the development of the next Victorian Climate Change Adaptation Plan, which is legislated to be developed by the end of 2016. This is an ongoing MoU. The parties commit to reassessing priority areas and evaluating the effectiveness of this MoU at the end of 2016. 5 The Hon. Ryan Smith MP Minister for Environment and Climate Change for and on behalf of the State of Victoria Cr Bill McArthur President, Municipal Association of Victoria for and on behalf of local councils in Victoria Cr Geoffrey Gough Chair, Victorian Adaptation and Sustainability Partnership Ministerial Advisory Committee for and on behalf of the Victorian Adaptation and Sustainability Partnership Executed on 24 September 2014 6 Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne Printed by Impact Digital, Brunswick October 2014 Accessibility If you would like to receive this publication in an alternative format, please email vas.partnership@depi.vic.gov.au This document is also available in PDF and Word format on the internet at www.climatechange.vic.gov.au ISBN 978-1-74146-267-8(print) ISBN 978-1-74146-268-5 (pdf) 7