2. The Floodplain: fertile ground for land use planning reform in Queensland 2 Michael Zissis, Allens Arthur Robinson 2012 PIA National Congress

3. Outline Queensland land use planning regime QFCOI findings about implementation of regime Recommendations to address implementation issues and for reform Lessons learnt Image on previous slide: The vast floodplain adjacent to the Fitzroy River and its tributaries is inundated by flood waters near Rockhampton, January 2011. Photo by Michael Marston (reproduced from Queensland Chief Scientist, Understanding floods questions & answers (June 2011). State of Queensland, inside cover) 3

4. Land use planning regime in Queensland 4 Framework of state and local planning instruments SPP1/03 –“development considers that development should minimise the potential adverse impacts of flood... on people, property, economic activity and the environment” –Development outcomes –Currently under review

5. Relies on identification of natural hazard management areas (flood) Selection of DFE subject to “time consuming and expensive” process in SCRAM Report Relies on adoption by local government Implementing SPP1/03 5

6. 6 QFCOI found “there is a wholly inadequate level of flood mapping in Queensland” Local planning schemes: –63% with no flood mapping –9% with SPP1/03 compliant flood mapping Recall Victorian Bushfires Royal Commission findings Images reproduced from QFCOI Final Report; top photo flood road at Jondaryan, January 2011 by G Cooke, Jondaryan District Residents Association; bottom photo aerial Wesley Hospital, Brisbane, January 2011 by Courier Mail)

7. Recommendations 5.9 - consider allowing councils to amend a planning scheme to update flood mapping by minor amendment 7 Interim measures –State-wide mapping by QRA → Interim Flood Assessment Overlay and temporary state planning policy –Temporary local planning instruments 4.5 – change TSPP so councils cannot use IFAO as permanent amendment to planning scheme 5.8 - consider providing councils power to remake / extend TLPIs containing interim flood regulation IFAO Map of Fitzroy River Sub-Basin (reproduced from Queensland Reconstruction Authority website)

8. Recommendations 2.5 – Gov’t should rank urban areas which do not have access to flood information in order of need for updated flood information 2.13 - For urban areas / where development expected: –resourced councils should develop flood map with ≥3 ‘zones of risk’ (likelihood + behaviour) –un-resourced councils should produce flood behaviour map with extent of floods for ≥3 likelihoods 2.14 - For non-urban areas / where limited development expected, councils should undertake the highest ranked of the following options based on financial and technical resources: –a map showing ≥3 ‘zones of risk’ ▪a map showing extent of floods for ≥3 likelihoods ›a map based on historic flood levels based on a flood frequency analysis »a historic flood map without flood frequency analysis the IFAO 8 Fit-for-purpose flood mapping

9. Recommendations 5.1 / 5.2 / 5.4 / 5.6 - QG should draft model flood planning controls that: –councils can adapt for local conditions –councils are required to reflect in planning schemes –includes requirement that council have a flood overlay map –includes a model flood overlay code that consolidates assessment criteria relating to flood –includes a model planning scheme policy that outlines development application requirements 9 Model flood planning controls Grantham resident and dog on rooftop awaiting rescue, 10 January 2011. Photo by Wendy Friend (reproduced from Queensland Floods Commission of Inquiry, Interim Report (August 2011). State of Queensland, p237)

10. Conclusion 10 Lessons learnt from QFCOI final report: –SCARM risk-based approach to floodplain management remains best practice –Be conscious of triggers for implementation ▪Are triggers reliant on further action? ▪Are transitional arrangements necessary? ▪Is the scope of exemptions appropriate? –Reform of Queensland Floodplain – watch this space

11. Images on previous slide: (top) Sandi Nock looks around her living room which has shin-deep water flowing through it, despite sandbags placed around the home - the floodwaters just went over the top of them. Photo by Jodie Richter (reproduced from couriermail.com.au); (bottom) Flash flooding at the intersection of Kitchener and James streets, Toowoomba, 10 January 2011. Photo by Troy Campbell (reproduced from Queensland Floods Commission of Inquiry, Interim Report (August 2011). State of Queensland. p 186)