Managing levees and waterways in rural areas Revised Draft Victorian Floodplain Management Strategy Information Sheet The Victorian Government is seeking public feedback on the Revised Draft Victorian Floodplain Management Strategy. The proposed policies, actions and accountabilities set the policy direction for floodplain management in Victoria. A Draft Strategy was released on 26 June 2014 for a six-week public comment period. Submissions and feedback at public information sessions identified a number of opportunities to revise the draft Strategy. The following changes have been incorporated into the Revised Draft Strategy: revised rural levee policy updates to the chapter relating to stormwater flooding in Melbourne and regional Victoria an acknowledgement of the value of Aboriginal communities. adapting to climate change to manage flood risk clarification around emergency management roles and responsibilities guiding principles to support catchment management authority (CMA) role in land use planning clarification of responsibilities for maintenance of flood warning gauges consideration of the environmental benefits of flooding. This handout sets out the proposals in the Strategy that relate to Aboriginal cultural values and floodplain management. The Strategy aims to better prepare Victoria for severe flooding by improving the evaluation and communication of flood risks. In this way it aims to enable communities and relevant agencies to take better-informed actions to manage floods. The Strategy builds on important lessons from the 2010, 2011 and 2012 floods. It also integrates the outcomes of the subsequent review into the effectiveness of flood warning and response systems, and the inquiry into flood mitigation infrastructure. Clarifying accountabilities for existing flood mitigation infrastructure It is the responsibility of private landowners and any other beneficiaries to negotiate among themselves regarding the ongoing maintenance of rural levees on private land. Levees on private land that are not managed by a local government or under a Water Management Scheme will remain the responsibility of the private land-holder to maintain. Landholders opting to jointly manage their own scheme may request local council assistance. Local councils should negotiate the terms of assistance directly with the community. DELWP will work with local government to determine how these arrangements could work. Bringing government-built rural infrastructure into formal management arrangements Many large-scale rural flood mitigation systems are no longer considered to be best practice with most early levees built to poor standards with unsuitable soils and little understanding of their ongoing maintenance implications. The floods of 2010-12 revealed serious deficiencies in the management of flood mitigation infrastructure. However, some government-built infrastructure may still be offering flood protection services that provide public benefits. Therefore there may be instances where it is appropriate to bring those systems into formal management arrangements. If a regional floodplain management strategy identifies that government-built infrastructure provides significant public benefits then it will be possible to formalise management arrangements. Public benefits would be confined to reducing the risks to life and property from flooding and avoiding disruptions to the regional community and economy. The protection of agricultural production is considered primarily a private benefit. The government also expects that any contribution from local councils would also be concerned with, and commensurate with, only those public benefits not private benefits. Where a flood study demonstrated that the public benefits would exceed the public costs, the Victorian Government would be willing to enter into cost sharing arrangements to help bring previously government-built, riverine, flood mitigation infrastructure back up to an agreed standard of repair. The repaired infrastructure would be implemented as a Water Management Scheme developed in consultation with the flood-affected community. Proposed Action 17d DELWP will consult and collaborate with relevant local government authorities (LGAs) to develop a process to provide for existing flood mitigation infrastructure to be implemented as Water Management Schemes. That process will: o begin with an assessment of the condition of the infrastructure and its standard of protection, based on the best available information derived from flood studies o consider options to upgrade the infrastructure to contemporary design standards o identify, in consultation with the benefiting community, the most cost-effective option that is in keeping with community’s willingness and ability to pay for ongoing management and maintenance costs o establish ongoing management arrangements. Levee management on Crown land Where the levee is on Crown land, beneficiaries need approval from the Crown land manager to maintain it. Amendments to the Water Act 1989 in 2014 streamlined the way Victorians can gain approval to maintain a levee that is located on Crown land. Now, individuals who benefit from those Crown land levees can apply to their local CMA for a permit to undertake maintenance works. Where a Crown land levee is not being maintained by the land manager, a person may apply to their local CMA for a permit to maintain that levee themselves. If they are to be maintained, support from the community is required along with a rating mechanism established by council. The CMA will place conditions on the permit in relation to the height and breadth of the restored levee. CMAs and land managers, such as DELWP and Parks Victoria will set reasonable conditions on the Permit to minimise the impact of maintenance activities on Crown land values. More information about this scheme is available from your local catchment management authority. Proposed Policy 17d • • • The beneficiaries of levees on Crown land – that are not formally managed – will be able to maintain the height and width of those levees under a Levee Maintenance Permit scheme. Permits to maintain levees on Crown land will be subject to conditions specified by both the Crown land manager and the Minister for Water or a delegate such as a CMA. Applicants for levee maintenance permits will need to ensure their activities comply with Aboriginal cultural heritage requirements – if relevant. Proposed Action 17e • • DELWP will prepare guidance material, including an Application Kit, on how to apply for a permit to maintain levees on Crown land that will include practical advice on: • how applicants can meet their obligations to protect environmental values • how applicants can seek to meet their obligations to protect Aboriginal cultural heritage. CMAs will make these guidelines available at their offices and on their websites. Enabling flood mitigation activities on waterways Where flood studies demonstrate that flood risks can be materially reduced by large-scale flood mitigation activities on waterways, individuals or councils will be able to carry out those activities subject to authorisation granted by CMAs. If a waterway is to be modified or if vegetation, debris or sediment is to be removed from a waterway for flood mitigation purposes, and these activities are to be implemented as Water Management Schemes, the relevant council will be responsible for undertaking the work (in compliance with any relevant conditions) and for all ongoing maintenance. Large-scale flood mitigation activities on waterways must be demonstrated, through a flood study, to be cost effective, that is, have demonstrable benefits in terms of reduced average annual flood damage and those benefits must be greater than any costs to waterway health. Where individuals, groups of landholders, infrastructure managers, councils or other authorities propose small-scale activities to remove vegetation or flood debris, CMAs will use risk assessment guidelines prepared by DELWP to help them determine whether these activities can be authorised without the need for a flood study. Proposed Policy 18b • Where flood studies demonstrate that flood risks can be materially reduced by large-scale flood mitigation activities on waterways, individuals or LGAs will be able to carry out those activities subject to authorisation granted by the CMAs or Melbourne Water. • • If a waterway is to be modified or if vegetation, debris or sediment is to be removed from a waterway for flood mitigation purposes, and these activities are to be implemented as Water Management Schemes, the relevant LGA or other authority responsible for implementing the scheme will be responsible for undertaking the work (in compliance with any relevant conditions) and for all ongoing maintenance. Large-scale flood mitigation activities on waterways must be demonstrated, through a flood study, to be cost effective, i.e. have demonstrable benefits in terms of reduced average annual damage (AAD) that are greater than any costs to waterway health. How to get a copy Detailed information on managing levees and clearing waterways in rural areas as well as a range of matters relating to floodplain management in Victoria can be found in the Revised Draft Victorian Floodplain Management Strategy, available at www.delwp.vic.gov.au/revised-draft-floodplainmanagement-strategy or by calling the Department of Environment, Land, Water & Planning customer service centre on 136 186. List of available information sheets Overview of the Revised Draft Victorian Floodplain Management Strategy Aboriginal cultural values and floodplain management Land use planning and floodplain management Insurance and managing flood risks Environment and floodplain management Total Flood Warning Systems Managing levees and waterways in rural areas Managing levee and waterways in urban areas outside Melbourne Your chance to have a say The Victorian Government welcomes feedback on the Revised Draft Victorian Floodplain Management Strategy. Submissions must be in writing and may be emailed to VMFS.Inquiry@delwp.vic.gov.au or sent to: Victorian Floodplain Management Strategy PO Box 500 East Melbourne VIC 3002 The closing date for submissions is 8 August 2015. You need to know: The information you provide in your submission, or in any other response, will only be used by DELWP and the Interdepartmental Stakeholder Reference Group to consider as part of the development of the final strategy. However, it may be disclosed to other relevant agencies as part of the consultation process. All submissions will be treated as public documents and will also be published on the internet for public access. All addresses, phone numbers and email details will be removed before submissions are published on the internet. Formal requests for confidentiality will be honoured but freedom of information access requirements will apply to submissions treated as confidential. If you wish to access information in your submission once it is lodged with DELWP, contact the project team at the above address.