Floodplain management and the environment 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. Image deleted: Flooded Red Gums at Kinnairds Swamp following environmental watering. Source: DELWP Proposed Policy 18a • Regional floodplain management strategies will be aligned, as closely as practicable, with the policies and objectives of relevant regional waterway management strategies. Proposed Action 18b • Department of Environment, Land, Water & Planning (DELWP) will prepare guidelines on how to apply to a CMA or Melbourne Water for authorisation to carry out works on • waterways. These guidelines will include practical advice on how to meet Aboriginal and cultural heritage protection requirements. They will also include practical advice on how to meet environmental protection requirements. CMAs and Melbourne Water will make these guidelines available at their offices and on their websites. Linking with Victorian Waterway Management Strategy The Victorian Waterway Management Strategy (2013) (VWMS) provides the framework for maintaining and improving the condition of Victoria’s rivers, estuaries and wetlands. It aims to ensure that waterways continue to support environmental, social, cultural and economic values for all Victorians. Regional floodplain management strategies must also align as closely as practicable with the policies and objectives of relevant regional waterway management strategies. For example, the policies and actions for engagement with Aboriginal groups in regional waterway strategies also apply to regional floodplain management strategies. The Revised Draft Victorian Floodplain Management Strategy stipulates that flood mitigation activities on waterways (such as clearing vegetation, and removal of debris and sediment) must be carried out in ways that are consistent with the VWMS. It proposes to prepare guidelines that will consider the risks of any proposed activities relating to flood mitigation on waterways. Working with the environment to hold and slow floodwater We need to work more with the environment to allow natural processes to prevail in high flow events. In particular, wetlands reduce the impacts of flooding by holding and slowing floodwater. To take advantage of this, many new wetlands have been constructed in urban areas to offset the increased runoff associated with the growth in impervious surfaces. In alignment with the VWMS, this Strategy adopts the principle that rivers should be allowed to flood naturally, wherever possible, maintaining connectivity to floodplains and their associated wetlands. Regional floodplain management strategies will need to integrate the management of flood risks with the protection of priority high value waterways. Incorporating environmental values into floodplain management Floodplains are valuable places for communities, farmers and Aboriginal groups; they are also valuable for the environment. When we act to protect urban and rural areas from flood risk, it is important that we do not diminish the cultural heritage or environmental values of floodplains. We also need to take into account the benefits that flooding provides to the environment. The links between river channels and their natural floodplains are important for the overall health of river systems. For example, floods transfer carbon and nutrients between rivers and floodplains. This is important for the health of plants, fish and other animal populations. It also helps to prevent water quality problems. The Victorian Environmental Water Holder (VEWH) was established in recognition of the need to maintain and improve environmental values in waterways. It has the explicit objective of returning some flows back to river systems to achieve environmental outcomes. Primarily, the VEWH’s focus is on providing flows solely within the river channel, well below levels that pose a risk to private land or infrastructure. However, in some instances, it is possible to actively deliver environmental water to the floodplain. This occurs mainly on public land, such as National Parks and State Forests, but may also occur on private land with the consent of the landholder. Considering environmental values when undertaking flood mitigation activities Changes to the Water Act 1989 enable CMAs to issue individuals with permits to maintain existing levees on Crown land. They will be able to maintain existing levees at their current heights (including scope to restore sunken or eroded sections) and their current lengths, but they will not be able to increase their heights or lengths. 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. Victoria protects environmental values through a number of Acts of Parliament, each requiring different approval processes. The segmentation of these approvals can make individuals hesitant about taking action to protect themselves against flood risks. For this reason, DELWP is working to streamline environmental approvals in relation to floodplain management. The Strategy incorporates a framework to address flood risk by making individuals and organisations more accountable for their actions and by requiring them to consider the impacts of what they propose on the environment. DELWP will prepare guidelines on how to apply for permits to maintain levees on Crown land. This will include practical advice on how the applicants for these permits can meet their obligations to protect Aboriginal, cultural heritage and environmental values. A person holding a levee maintenance permit may not require a permit under the relevant Municipal Planning Scheme. 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. Permitting flood mitigation activities on waterways The CMAs and Melbourne Water have an important role, under the Water Act 1989, in authorising individuals and organisations to carry out activities on waterways. The Revised Draft Victorian Floodplain Management Strategy proposes a framework to authorise individuals, infrastructure managers, councils and other authorities to carry out flood mitigation activities on waterways. The framework will deal with large-scale flood mitigation projects, which typically benefit urban communities, as well as small-scale activities that may benefit individual landholders. The beneficiaries of flood mitigation activities must be willing to cover the ongoing costs of such activities. Authorisation for these activities will be given where it is cost effective, that is, have demonstrable benefits in terms of reduced average annual damage (AAD) and those benefits are greater than any costs to waterway health. Proposed Policy 18b • Where flood studies demonstrate that flood risks can be materially reduced by large-scale flood mitigation activities on waterways, individuals or local government authorities (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 the environment and floodplain management 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-floodplain-managementstrategy 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.