Municipal Association of Victoria
Submission Paper
Submission to the Draft Victorian Coastal Strategy 2013
December 2013
© Copyright Municipal Association of Victoria, 2013.
The Municipal Association of Victoria is the owner of the copyright in the publication Submission
to the Draft Victorian Coastal Strategy 2013.
No part of this publication may be reproduced, stored or transmitted in any form or by any means
without the prior permission in writing from the Municipal Association of Victoria.
All requests to reproduce, store or transmit material contained in the publication should be
addressed to Ben Morris on 03 96675580 bmorris@mav.asn.au December 2013
The MAV can provide this publication in an alternative format upon request, including large print,
Braille and audio.
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.
For further information about this submission contact:
Ben Morris
Manager – Environment
Municipal Association of Victoria
03 96675580 bmorris@mav.asn.au
December 2013
Submission to the Draft Victorian Coastal Strategy 2013: December 2013
Table of Contents
1.
Introduction ......................................................................................................................... 5
2.
General Comments ............................................................................................................. 5
3.
Key Issues .......................................................................................................................... 6
4.
5.
6.
3.1
Adapting to a changing climate and increased coastal hazards ................................... 6
3.2
Financing coastal infrastructure and management ....................................................... 6
3.3
Balancing decision making........................................................................................... 7
3.4
Emergency Management ............................................................................................. 7
Value and Protect ............................................................................................................... 8
4.1
Cultural Heritage .......................................................................................................... 8
4.2
Catchments and Water Quality .................................................................................... 8
Plan and Act ....................................................................................................................... 8
5.1
Supporting Community Participation ............................................................................ 8
5.2
Coastal Hazards and Natural Coastal Processes ......................................................... 9
5.2.1
Policy for decision making..................................................................................... 9
5.2.2
Actions .................................................................................................................10
Implementation ..................................................................................................................11
Submission to the Draft Victorian Coastal Strategy 2013: December 2013
Executive Summary
The Municipal Association of Victoria (MAV) is the peak representative and advocacy body for
Victoria's 79 councils. The MAV was formed in 1879 and the Municipal Association Act 1907
appointed the MAV the official voice of local government in Victoria.
The Victorian Coastal Council should be congratulated for the way it has drawn together the
range of issues and information that are to be covered in the Draft Victorian Coastal Strategy
(VCS). It presents as a readable document and will be understandable by the broad range of
stakeholders, groups and agencies that value and manage Victoria’s Coast
The MAV is supportive of the key issues that have been identified to be addressed through the
strategy and the policies, in general, are sound. However the Association is not confident that
the actions, as currently expressed and supported will achieve the policy objectives. Critically,
the document infers devolution of responsibility from the Victorian Government down to the local
level, and ultimately to local government. This is concerning.
The Association welcomes the identification of climate change adaptation as one of the key
issues for the coast, in line with the Government’s Climate Change Adaptation Plan. The MAV
also welcomes the examination of financing activities on the coast, but strongly emphases the
need for direct local government involvement.
The view that local action and management are critical in ensuring our coasts are appropriately
managed is welcome. Yet how this is supported and financed on the ground is important. It is
not clear how this will be achieved for the existing community and local government Committees
of Management.
While the policies supporting ‘coastal hazards and natural coastal processes’ are generally
sound, there are a number that cause concern. For example the desired outcome that natural
processes will be the defence against the possible impacts of climate change. The submission
makes a number of improvements to the suggested actions in this section to better support
policy.
A strategy is as good as its plan for implementation. It is unclear whether a reformed VCS
Implementation Coordination Committee would be responsible for writing the implementation
plan. It is also unclear how funds would be allocated to ensure the delivery of the VCS.
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Submission to the Draft Victorian Coastal Strategy 2013: December 2013
1. Introduction
The Municipal Association of Victoria is the peak representative and advocacy body for
Victoria's 79 councils. The MAV was formed in 1879 and the Municipal Association Act 1907
appointed the MAV the official voice of local government in Victoria.
Today, the MAV is a driving and influential force behind a strong and strategically positioned
local government sector. Our role is to represent and advocate the interests of local
government; raise the sector's profile; ensure its long-term security; facilitate effective networks;
support councillors; provide policy and strategic advice; capacity building programs; and
insurance services to local government.
The MAV is pleased to provide comment on the Draft Victorian Coastal Strategy 2013 (the
strategy). This submission focuses on the role of local government in coastal planning and
management, climate change, funding and implementation.
2. General Comments
The Victorian Coastal Council should be congratulated for the way it has drawn together the
range of issues and information that are covered in the strategy. It presents as a readable
document and will be understandable by the broad range of stakeholders, groups and agencies
that value and manage Victoria’s Coast.
That being said, the previous VCS structure more closely aligns with the requirements of the
Coastal Management Act 1995 (below) and is somewhat easier to follow. To assist the reader
with navigating the links and translation of the Act requirements, key issues and the ‘new’
structure, it may be useful to bring forward the Hierarchy of Principles (p. 25) forward to frame
the strategy. Presenting this information early would also assist those who are familiar with the
2008 strategy.
Ultimately, however, the strategy must fulfil its core requirements under the Coastal
Management Act 1995, section 15:
(1) The Victorian Coastal Strategy must provide for the long term planning of the Victorian
coast—
(a) to ensure the protection of significant environmental features of the coast; and
(b) to provide clear direction for the future use of the coast including the marine
environment; and
(c) to identify suitable development areas and development opportunities on the coast;
and
(d) to ensure the sustainable use of natural coastal resources.
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Submission to the Draft Victorian Coastal Strategy 2013: December 2013
The MAV accepts that a strategy-level document is constrained in its ability, and indeed,
suitability of drilling down to granular level. The state/regional/local/site hierarchy is broadly
supported as a principle. However, the strategy in seeking to achieve these objectives relies
heavily on the successful development of, and linking between the strategy, Coastal Action
Plans, and Coastal Management Plans. It is unclear how the development of these will be
funded, resourced, and implemented. The MAV also understands that the completion of Coastal
Action Plans may be two years away, presenting a significant gap in action and planning.
The MAV is concerned with the emphasis on ‘local’ (p. 7), combined with the interpretation of
‘beneficiary pays’, that implementation and funding will fall to local government. Local
government strongly suggests the government engage with the sector on the part that both
levels of government play and how this can be best financed.
3. Key Issues
3.1 Adapting to a changing climate and increased coastal hazards
The MAV welcomes the identification of climate change adaptation as one of the key issues for
the coast, in line with the government’s Climate Change Adaptation Plan.
The strategy notes that more attention will be needed to address the impacts of a changing
climate on a range of issues. Whilst accepting that addressing some of the impacts are beyond
the timeframe of this strategy, there is considerable planning and research work that needs to
be undertaken to support this need. This could be more strongly expressed in the VCS.
The MAV accepts the contention that managing the impacts of a changing climate is a shared
responsibility. Yet, when it is a responsibility of all, it diminishes the likelihood of effective
planning and action. Further, the statement suggests the responsibility is equal, when the
‘people of Victoria’ expect their governments to understand and manage hazards and impacts.
3.2 Financing coastal infrastructure and management
The MAV agrees that the medium and longer term impacts of climate are going to increase the
pressure on coastal managers and that this will be a ‘complex and expensive task’. The
Association is therefore very concerned that ‘beneficiaries’ of protection works are inferred to be
local. As the strategy notes (p. 6) some 84 per cent of Victorians made at least one day trip to
the coast, not to mention significant numbers of interstate and international tourists. It is
therefore inappropriate to define the primary beneficiaries as local, and by extension local
government.
Further, that highly problematic Council Special Rates are put forward as the vehicle to collect
this contribution. The Local Government Act only allows Special Rates to recover amounts that
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Submission to the Draft Victorian Coastal Strategy 2013: December 2013
exceed two-thirds of the total cost and requires the majority of the relevant properties to accept
the charge. A reliable way to collect funds for critical works.
The MAV welcomes the proposed review of governance and financing, under ‘Implementation’
(p. 66). However, the review will fall short of finding long-term, sustainable funding models
without the direct involvement of local government. The MAV would offer its senior level input
into the review, on behalf of the sector, seeking solutions that will provide the best outcomes for
our settlements and infrastructure. The Association could also assist by bringing together senior
representative from coastal local government to work through the issues. Local and state
government must be engaged in this conversation so the approaches are long lasting, effective
and avoid ‘cost-shifting’. With a collaborative approach, the two levels of government in Victoria
would be best placed to open up a conversation with the Commonwealth on the part they need
to play in financing and supporting appropriate use and settlement of our coast.
3.3 Balancing decision making
The MAV strongly supports the use of local knowledge and understanding, and local
enthusiasm for action. However, local decision making must be supported by technical expertise
from the State and funds to undertake research and where necessary, works. As the strategy
notes in regards to a ‘recent review by the Department of Environment and Primary Industries’
(p.22) there was a large variance in capability and capacity of coastal managers to deal with
current and future management challenges. It also recommended that sustainable business
models be developed to provide sustainable revenue stream be created. It is pleasing to see
that this recommendation is later picked up in the Strategy through ‘Plan and Act’, ‘Balancing
Decision making’.
It is curious that government departments are absent from the Figure 4 pyramid of coastal
management activities and decisions, while local government is noted as the sole entity in
‘private and public land planning and management’. The government is central in this role,
particularly through the Department of Primary Industries (DEPI); the Department of Transport,
Planning and Local Infrastructure (DTPLI) and Parks Victoria.
The action of identifying ‘sustainable revenue streams’, suggests that this is outside the
government’s budget, an appropriate source of funding for areas that provide benefits to regions
and to the state. Local government would not support the taking up of responsibility of
community Committees of Management, as councils already bear a significant burden with
managing their own and the Crown’s assets.
3.4 Emergency Management
The policy position and desired outcomes are in line with MAV’s understanding of the
emergency management reforms currently underway.
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Submission to the Draft Victorian Coastal Strategy 2013: December 2013
Further detail is required around the policy of ‘responsible parties will support community-based
planning’. For example what is meant by ‘responsible parties’ or ‘community-based’ planning?
4. Value and Protect
4.1 Cultural Heritage
Local government has been a lead champion in protecting cultural heritage over the years, and
has direct responsibilities under a range of Acts to ensure this is undertaken. However, it is not
the lead agency in assessing heritage or maintaining registers, with the key agencies being
Aboriginal Affairs Victoria, Parks Victoria and Heritage Victoria. Councils will reflect heritage
places into their planning schemes as is needed, however it is inappropriate that they are
designated under ‘actions’ as the lead agency. This lead responsibility is better placed with one
of the aforementioned agencies or another partner with a state level understanding. It is also
expected that this work would take some time, particularly in assessing the vulnerability of these
places to climate change.
4.2 Catchments and Water Quality
Councils are the managers of significant urban drainage networks and have an important role to
play in properly managing wastewater and stormwater. A major reform of how water is
conceived of, and managed in, urban centres is underway, through the Office of Living Victoria
(OLV). While their current focus is Melbourne and Ballarat, the system, ‘whole of water cycle’,
management approach will directly reach major urban centres and permeate into water policy
more generally. It is a surprising omission that OLV is not nominated as the lead for actions 1a
and 1b.
5. Plan and Act
5.1 Supporting Community Participation
The MAV supports the view that local action and management are critical in ensuring our coasts
are appropriately managed and the decisions made at a local scale are supported.
While the strategy notes that Committees of Management face challenges such as ill-defined
operating boundaries and discretion; and complex management issues, the actions detailed do
not respond to these challenges. This is a critical issue. These Committees of Management are
tasked with managing important parts of the Victorian coastline, yet the actions are more of the
‘support and recognise’ nature, than getting to the real issue – supporting and funding onground decision-making and actions.
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Submission to the Draft Victorian Coastal Strategy 2013: December 2013
5.2 Coastal Hazards and Natural Coastal Processes
Today coastal managers face challenges of managing use of the coast when it is dynamic,
responding, as the strategy notes, to tides, wind, waves and weather. The consideration of
climate change on top of these processes, and impacts they already create, has been an
impetus for a number of councils look at today’s level of knowledge, protection and
management.
It can be argued that we have time, given the time horizon of 2040 with the sea level rise of up
to 20 centimetres, to assess impacts, plan for and develop funding approaches. Notwithstanding
this, it never is too early to start planning, particularly when the likely costs over coming decades
to protect important coastal places will be significant.
The desired outcome of ‘natural processes are adopted as the preferred form of defence
against possible impacts of changing climate’, suggests a hands-off, let nature, climate-change
enhanced, take its course. While this may be appropriate on the open coast, it certainly is not
where there is significant economic, social, and cultural investment in our cities and towns. This
proposed outcome is likely to concern coastal communities across the state. The outcome could
be rephrased to make it clear that natural processes are one of the forms of defence, and
detailing other approaches that may be considered.
5.2.1 Policy for decision making
In general, the policies that are presented are clear and sensible. However, there are number of
policy areas that are of concern, particularly in regards to the reduction of coastal hazards. Most
importantly, the policy points are not supported by work to be undertaken under ‘actions’.
Policy point eight, regarding the Crown’s obligations to private property is understandable. It
would be both undesirable and fiscally impossible for the Victorian Government to protect all
private property. The policy should be clearer regarding the Crown’s obligations in regards to
Crown land, or protective works on Crown Land, that may be protecting private property, or
owned by local government. By the State allowing vulnerable Crown land areas to erode,
particularly from the climate-enhanced events, this would expose private property to impacts it
currently does not experience. This responsibility, and the policy questions that arise, should not
be left to ‘regional and local adaptation plans’ (Policy point 10) to sort out.
Policy point 11 regarding investment decisions is sound and important to progress, as was
recently highlighted at the MAV Coastal Adaptation Forum on 15 November. Further, this
requires strategic work and conversations along the coast, following impact assessment, to
determine appropriate responses. Unfortunately it is not supported by an action to develop and
test this with key partners, such as local government.
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Submission to the Draft Victorian Coastal Strategy 2013: December 2013
5.2.2 Actions
Share the findings and learnings from the local coastal hazard assessment projects: This is an
important action that is well underway, with the Coastal Adaptation Forum on 15 November, that
was organised by the MAV, the Department of Transport, Planning and Local Infrastructure
(DTPLI) and the Department of Environment and Primary Industries (DEPI). The MAV
understands that there will also be a summary document capturing what has been learnt across
the four Local Coastal Hazard Assessment projects.
The projects have found that the assessment, while technical in nature, is the ‘easy’ part. Taking
the impacts forward in conversation with the community and discussing responses, is much
more difficult. This aspect needs much greater attention in the final VCS, with the potential for
the Victorian Coastal Council, with Regional Coastal Boards, taking a greater lead in educating
the community about existing coastal processes, impacts and the challenges faced with a
changing climate. Further direct support is needed to local government and other coastal
managers in how best to engage the community, the public works response and how land use
planning tools can be used to implement decisions.
The second part of the action, the identification of further areas for these assessments to be
undertaken, is welcome. Similarly this needs to be supported by financial and technical
resources to actually undertake these assessments. Further, a methodology of prioritising such
assessments along Victoria’s coast is also important.
Identify areas of coastal land at risk from erosion: The principle is this action is welcome.
However, undertaking such identification is resource intensive and requires funding to match. If
this is not forthcoming, then this action will not be able to be advanced.
State Coastal Risk Plan: It is not clear, exactly, what is meant by ‘key state coastal assets’.
Does this mean key national and marine parks? Does it include Crown land managed by
Committees of Management? Local government in the latter case is a critical contributor.
Further to Policy point 11, the Coastal Adaptation Forum participants highlighted the need for a
costing and investment framework for resilience and adaptation across the three levels of
government. Such a framework would include public infrastructure and works and embeds
investment beyond short term initiatives and grants that evaporate when the governments
change.
Management options for Crown land that may be eroded away: The management
considerations must be broader than public access to the coast. For example, Crown land may
be providing a buffer to other public and private infrastructure and settlement. There needs to be
discussion with potentially impacted parties and consideration given to how mitigation works,
where applicable may be funded.
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Submission to the Draft Victorian Coastal Strategy 2013: December 2013
6. Implementation
A strategy is only as good as its implementation, as unfortunately has been seen over the years
with a range of strategies at all levels of government. The MAV supports the key elements that
have been identified for effective implementation of the VCS.
The MAV supports the reconvening of the Implementation Coordinating Committee as a
valuable sharing vehicle. It must be clear, however, the Victorian Government is the ultimate
owner of the VCS and responsible for ensuring its delivery. To this end, it is unclear whether it is
the intention for the Committee to once again develop the Implementation Plan.
It is a difficult task to identify which actions are the most important; therefore the identification of
the Priority Actions is welcome. Yet it is not clear what this means for the implementation for the
remaining actions across the VCS, or how these actions are to be timed over the life of the
strategy.
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Submission to the Draft Victorian Coastal Strategy 2013: December 2013