Managing levees and clearing waterways in rural areas (accessible

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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
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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
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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
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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
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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:
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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.
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