Draft Flood Management Strategy Port
Phillip and Westernport
Final Submission
July 2015
Submission to draft flood management strategy Port Phillip and Westernport, Jul 2015
© Copyright Municipal Association of Victoria, 2015
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Submission to draft flood management strategy Port Phillip and Westernport, Jul 2015.
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Submission to draft flood management strategy Port Phillip and Westernport, Jul 2015 has been
prepared by the Municipal Association of Victoria (MAV) for discussion with member councils.
The MAV is the statutory peak body for local government in Victoria, representing all 79
municipalities. The MAV would like to acknowledge the contribution of those who provided their
comments and advice during this project.
While this paper aims to broadly reflect the views of local government in Victoria, it does not
purport to reflect the exact views of individual councils.
Submission to draft flood management strategy Port Phillip and Westernport, Jul 2015
Table of contents
1
Introduction ......................................................................................................................... 5
2
Consultation ........................................................................................................................ 5
3
Related work ....................................................................................................................... 6
4
Targets ............................................................................................................................... 7
5
Actions and accountability ................................................................................................... 7
6
Victorian Floodplain Management Strategy ........................................................................10
Submission to draft flood management strategy Port Phillip and Westernport, Jul 2015
1 Introduction
The Municipal Association of Victoria welcomes the opportunity to provide feedback on the draft
Flood Management Strategy Port Phillip and Westernport (the Flood Strategy).
This submission is based on written and verbal feedback received from council officers. This
submission has not yet been endorsed by the MAV Board.
The MAV would like to acknowledge the opportunities provided by Melbourne Water to the MAV
and councils to contribute to the development of the Flood Strategy thus far.
The MAV supports the vision, objectives and outcomes of the Flood Strategy. The MAV also
supports the use of targets as incentives to drive action. However we would like to see more
alignment between targets and actions to improve accountability. Additionally more information
on how targets have been developed and will be measured is required to provide State
agencies, local government and the community transparency and assurance.
The MAV would like to see further work be undertaken to align actions within the Flood Strategy
with appropriate lead agencies, with a view to increasing the lead role of both Melbourne Water
and the Department of Land Environment Water and Planning (DELWP).
The Flood Strategy would also benefit from a greater recognition of the costs associated with
achieving the outcomes described and how these costs will be allocated. In relations to this
there is also a lack of acknowledgment that the additional responsibilities placed upon local
government will require increased resources and competencies.
Improved alignment with the Revised Victorian Floodplain Management Strategy is also
required.
2 Consultation
The MAV would like to acknowledge the amount of consultation on the development of the
Flood Strategy to date. A number of key points of local government involvement are outlined
below.
Such consultation is consistent with the Victorian State-Local Government Agreement which
was entered into to strengthen state–local government relations by building a collaborative
working relationship between state and local government and improving communication and
consultation.
Table 2.1 – Melbourne Water consultation opportunities
When
What
Who
Late 2013
Review of 2007 Flood and Drainage Management
All 38 affected councils
invited to complete
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Submission to draft flood management strategy Port Phillip and Westernport,
Jan – Feb
2014
Strategy
feedback survey
Project Control Board established to provide
governance and strategic input into Strategy process.
PCB includes senior representatives from MAV and
three councils along with other key government and
non-government stakeholders.
All councils invited to
submit Expressions of
Interest to participate on
the PCB.
Eight Project Control Board meetings held to date.
May 2014
Regional government stakeholder workshops held to
identify flood strategy themes and aspirations – held
in Hume, Melton, Dandenong
Invitation sent to all
councils
June and
July 2014
Developed a series of technical issues papers on
flood management challenges to inform the
development of the strategy.
Project Control Board
councils invited to
comment on papers.
October
2014
Key Concepts and Directions Paper for Flood
Management released for discussion
All councils invited to
make submissions and
complete surveys.
28 January
2015
MAV hosted a workshop on council priorities in the
development of the strategy (and Melbourne Water
services to councils)
All councils invited to
attend
February
and March
2015
Two technical stakeholder working groups were
established to help develop and refine strategy
actions and targets
All councils invited to
participate
June and
July 2015
Draft Flood Management Strategy – Port Phillip and
Westernport released for consultation. Briefing
sessions and webinars held.
All councils invited to
make submissions and
complete surveys and
attend briefing session
3 Related work
The MAV would like to acknowledge the related work currently underway with Melbourne Water.
The Local Government Consultative Panel will assist Melbourne Water to gather insights from a
range of councils and council staff to inform the development of Melbourne Water’s Local
Government Charter and also inform the Waterways and Drainage Investment Plan, 2016
Pricing Submission. Whilst this work is not entirely focussed on flooding or flood mitigation it will
assist Melbourne Water to better understand councils’ needs and identify areas where both
parties can work together on common opportunities and challenges.
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Submission to draft flood management strategy Port Phillip and Westernport,
4 Targets
The MAV supports the inclusion of targets in the Flood Strategy as a way to motivate
responsible lead agencies to undertake action and to drive accountability. However in order for
targets to be effective they need to be clearly linked to objectives and actions with clear lines of
accountability.
The targets are visibly linked to the Flood Strategy’s objectives; however their relationship to
actions is less clear. Understandably some actions will contribute to multiple targets, however
this still needs to be outlined if achievement of targets is to be accurately measured. Similarly,
how the targets will be measured needs to be made transparent.
To the less informed reader, it is also unclear how the targets were developed and given the
acknowledged lack of baseline data it is difficult to determine if the targets are set at the most
appropriate level to drive action.
Councils have also expressed concern that the targets will be costly to achieve. Many councils
may struggle to contribute to the achievement of targets without additional resources and in
many cases expertise.
Some councils have also stated that an additional target focussing on climate change and the
need to update flood maps and modelling based on the most up to date climate change data
may be required.
The MAV suggests that further work be undertaken to clearly and transparently illustrate the link
between actions, outcomes, targets and objectives in order to provide incentives for action
prescribe accountabilities.
5 Actions and accountability
It is important that roles and responsibilities for undertaking strategy actions and accountabilities
for achieving outcomes are clearly and accurately articulated. It is therefore appropriate that the
Flood Strategy has assigned ‘lead’ agencies for each action as well as a list of ‘key participants’.
The MAV believes that some of the actions with council assigned as the ‘lead’ require further
consideration. Whilst council may have a role in a number of the actions they are not
necessarily the lead.
There is also little recognition of the costs associated with undertaking actions and achieving the
outcomes described and how these costs will be allocated. In relations to this there is also a
lack of acknowledgment that the additional responsibilities placed upon local government will
require increased resources and competencies.
Some councils have stated they would like to see how the costs associate with undertaking
actions are to be funded prior to assigning specific actions to councils. Of particular interest
funding will be prioritised and distributed for flood mapping.
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Submission to draft flood management strategy Port Phillip and Westernport,
Specific comments on some of the actions have been outlined below.
Action 1.5, 2.2, 11.2
Whether appropriate or not, many councils have assumed responsibility for floodplain
management in recent years because Melbourne Water has not accepted responsibility for
managing catchments upstream of their drainage network. Councils acknowledge their
responsibilities in land use planning and the need for undertaking flood mapping that informs
planning scheme amendments, however it is important that there is robust planning, input,
guidance and integration from Melbourne Water and DELWP at the regional and sub-regional
level. This is especially important to ensure that planning and decision making is truly integrated
and considers the needs, capabilities and priorities at all levels.
Related to the above point, by allocating actions to councils, the strategy seems to imply that
councils are operating as a cohesive unit. In reality, most councils are working independently in
planning and flood management. Therefore there is a need for Melbourne Water and DELWP to
provide assistance with the development of uniform modelling specifications and a consistent
methodology for the development of planning overlays. Melbourne Water also needs to be an
active participant in promoting the need and benefit of flood plain management to residents and
councillors.
Finally there seems to be little consideration of the difficulties that council’s will face in
developing and implementing new flood zones. This will be especially problematic in densely
developed areas where decades of uncertainty over flood management responsibilities has
resulted in many properties being developed within flood prone areas.
Action 10.4, 11.3, 22.2
Despite the multi-agency nature of municipal emergency management planning and the efforts
of councils, there is a growing misconception that councils, as the custodians of the MEMP
under legislation, are also accountable for delivery of all outcomes and outputs within the plan.
Essentially the view is that this is the council’s plan and the council is responsible for its
delivery.
‘Municipal Emergency Management Plans’ are in fact multi-agency plans for the local
government area, with all relevant response, relief and recovery agencies expected to
contribute to the drafting and be collectively accountable for the execution of the plan.
The 2012 Victorian Emergency Management Reform White Paper also states that ‘hazardspecific sub-plans (where required) at the local government level will be led by experts from
relevant agencies’. Such delineation is outlined in Appendix 1 of the Flood Strategy on page 39,
however is not reflected in a number of the actions.
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Submission to draft flood management strategy Port Phillip and Westernport,
Action 13.2
Looking back upon the history of the ‘60 hectare rule’ it appears that it was only ever intended to
cover the installation and management of drainage infrastructure. Today councils have
assumed floodplain management within these catchments because Melbourne Water has
determined that their catchment management responsibilities end at the extremities of their pipe
network. The uncertainty caused by this has resulted in inappropriate planning outcomes over
the past few decades. Defining what Melbourne Water has previously assumed to be an
accountability, removes this uncertainty but it leaves local government with the liability of having
to deal with the ramifications of inappropriate planning decisions.
Placing the definition of small catchments/the 60 hectare rule in the glossary of terms at the
back of the Flood Strategy downplays the significant affect decisions regarding catchment size
and the responsibilities assigned to catchment managers may have on councils. Councils are
not only seeking clarity on the definition of small catchments but additionally their responsibility
within them and how catchment sizes are determined.
Finally the definition in the Flood Strategy does not align with the definition in the Victorian
Floodplain Management Strategy which goes beyond managing flood and drainage assets to
assigning responsibility for all flood mitigation with a small catchment. See Section 6 of this
submission for further comment.
Action 20.2
Additionally MAV does not deem it appropriate that councils are the sole agency given
responsibility to: Identify where lack of role clarity creates impediments to carrying out local and
community asset planning and management. This should be a shared responsibility among all
agencies as identifying a lack of role clarity is only the first step in improving role clarity.
The MAV recommends that the leads and key participants assigned to the following actions be
reassessed with a view to increasing the lead role of both Melbourne Water and DELWP.
Table 5.1 – Actions to be reassessed
Action
Lead
Key Participants
1.5 Undertake additional local flood mapping and assessment
if required due to local priorities, in consultation with
stakeholders and local communities.
Councils
MW, VICSES
2.2 Participate in review and update of regional flood study
standards and processes to help ensure new approaches can
be applied in local as well as regional scales.
Councils
10.4 Prioritise and plan for local risks as required, and share
Councils
9
MW, VICSES
Submission to draft flood management strategy Port Phillip and Westernport,
related information with MW and VICSES.
11.2 Continue to work with community and government
stakeholders when addressing local priority flood risks, to
develop and implement locally and regionally appropriate
options.
11.3 Review and update local Flood Management Plans and
Flood Emergency Plans to include new information, priorities,
and agreed flood management solutions.
Councils
MW, VICSES,
Retail Water
Authorities
Councils,
VICSES
13.2 Councils will continue planning for and managing flood
and drainage assets servicing local catchments1, and sharing
this information with relevant stakeholders.
Councils
20.2 Identify where lack of role clarity creates impediments to
carrying out local and community asset planning and
management.
Councils
22.2 Include new flood mapping and other relevant information
in emergency response planning as it becomes available.
VICSES,
Councils
MW
MW, VICSES,
Retail Water
Authorities
MW, EMV
We also suggest that Melbourne Water be included in the lead for actions 4.3 and 11.2.
6 Victorian Floodplain Management Strategy
The Department of Environment, Land, Water and Planning and Melbourne Water have
respectively released state and regional flood management strategies. Both final strategies are
proposed to be released before the end of 2015.
The MAV is considering how both strategies affect local government roles, responsibilities and
outcomes at the local level. In particular there will be a number of policies, actions and
accountabilities in the Victorian Floodplain Management Strategy (VFMS) which have
implications for councils in the Melbourne Water region.
The 60 hectare rule
One particular example is Proposed Accountability 17a on page 53 of the VFMS which states:
Within Melbourne Water’s region, the accountabilities for flood mitigation infrastructure will
remain with their current management agencies:

LGAs are accountable for mitigating flood risks within drainage catchments of less
than 60 hectares. Melbourne Water is accountable for mitigating flood risks within
drainage catchments greater than 60 hectares.
1
A small catchment of less than 60ha. In some rural areas councils manage flood and drainage infrastructure for catchments of up
to 200ha in size, due to historical arrangements. Floodwaters and stormwater from local catchments discharge into regional flood
infrastructure, pipes and waterways (Draft Flood Management Strategy Port Phillip and Westernport, pg. 41).
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Submission to draft flood management strategy Port Phillip and Westernport,

In some rural catchments, LGAs are accountable for mitigating flood risks within
drainage catchments of less than 200 hectares and Melbourne Water is accountable
for mitigating flood risks within drainage catchments greater than 200 hectares.
The MAV does not believe that this accountability is accurate. Whilst there is a general
understanding between councils and Melbourne Water regarding the responsibility for drainage
infrastructure within certain catchment sizes council are not responsible for mitigating all flood
risks in such a catchment.
Additionally Melbourne Water is responsible for flood management in accordance with Section
202 of the Water Act 1989, irrespective of the catchment size. Melbourne Water’s Flood
Strategy does not sufficiently explain this information or provide any clarification, explanation or
legislative basis for the ‘60 hectare rule’ classification. The Melbourne Water Flood Strategy
must clarify that historically there was no explicit requirement for councils to undertake this role
prior to the VFMS.
It must be recognised that this is a new responsibility that has been imposed, via the VFMS, on
councils that commits local government to funding and resourcing a service that is additional to
the services that councils currently provide. Melbourne Water and DELWP may need to commit
additional resources to council to assist them with this new task and ensure consistency in
specifications and methodologies.
Stormwater Management
Section 14 of the VFMS specifies that ‘Melbourne Water will identify areas of stormwater
flooding in Melbourne in the development of its Regional Floodplain Strategy’. This level of
detail is absent from Melbourne Water’s Flood Strategy.
The MAV recommends improved alignment between the Revised Victorian Floodplain
Management Strategy and the Flood Management Strategy Port Phillip and Westernport.
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Submission to draft flood management strategy Port Phillip and Westernport,