21 May 2009

WELLINGTONS H I I E C O U H C I L

Ms Jennie George MPChairStanding Committee on Climate Change, Water, Environment and the ArtsPO Box 6021House of RepresentativesParliament HouseCANBERRA ACT 2600

DOCUMENT THAT UPDATES COUNCIL'S SUBMISSION TO THE INQUIRYINTO CLIMATE CHANGE AND ENVIRONMENTAL IMPACTS ONCOASTAL COMMUNITIES

Dear Ms George

This document updates Council's submission of 8 August 2009 because ofcertain developments that have occurred since the original submission.

These include Council's adoption on 23 December 2008 of a policy requiringthe preparation of Climate Change Response Plan by owners of certainproperties on the coast, the release of the Victorian Coastal Strategy inDecember 2008 and Council's decisions of 21 April 2009 to endorse aWellington Coast Subdivisions implementation package.

1. Introduction

1.1. The Shire of Wellington is Victoria's third largest municipality with anarea of over 10,000 square kilometres and it is home to over 40,000people spread over thirty-seven (37) communities. Its coastline is154 kilometres long and includes the world famous Ninety MileBeach. The attached map shows Wellington Shire in context withthe State of Victoria.

1.2. Wellington Shire Council has been working with the VictorianGovernment to develop an implementation program for theWellington Coast Subdivision Strategy. The attached map showsthe Wellington Coast Subdivision area in the context of theWellington Shire.

1.3. On 23 December 2008 Wellington Shire Council adopted a policythat requires the owners of certain properties on the coast to preparea Climate Change Response Plan. This was in response tocommunity concern and controversy about the potential impact ofclimate change induced sea level rise, storm surge and inundationon The Honeysuckles, a small community on the Wellington coast.

1.4. At its 21 April 2009 meeting Council endorsed a Wellington CoastSubdivisions implementation package, which modifies the WellingtonCoast Subdivision Strategy, first adopted by Council in 2005. Thisfollowed consideration of new information relating to land capabilityand suitability. The package calls for a coastal hazards assessmentso that the potential impacts climate change induced sea level rise,storm surge and inundation can be better understood.

....12

Civic Centre

Port of Sale

70 Foster Street

(PO Box 506)

Sale Victoria 3850

Telephone 1300 366 244

Facsimile 03 5142 3499

enquiries@wellington.vic.gov.au

www.wellington.yic.gov.au

DX 85008

Service Centre

Yarram

Telephone 03 5182 5100

. * - . - < ' • • •

2. The proposal

2.1. The proposal is to progressively re-arrange land ownership anddevelopment controls within the large inappropriate subdivisions onNinety Mile Beach between Paradise Beach and The Honeysuckles.This is to address recognized land management issues whereby:

2.1.1. critical coastal values of natural ecology and landscape arethreatened by inappropriate development;

2.1.2. some land zoned for development, is at risk from inundationand erosion due to potential sea level rise and subsidence;and

2.1.3. development of defined township areas is being held backby lack of services.

2.2. This proposal represents Strategic Option 3 - 'Land Capability' whichwas presented and evaluated at the Project ImplementationWorkshop conducted with all government stakeholders on 25February 2008.

3. Background

3.1. The Ninety Mile Beach inappropriate subdivisions were undertakenduring the late 1950s and early 1960s. Over that period, twenty-three (23) subdivisions were approved comprising approximately11,500 standard suburban allotments spread over twenty-five (25)kilometres of the sensitive barrier dune from The Honeysuckles, sixkilometres east of Seaspray, to the eastern extent of the ParadiseBeach Township. The subdivisions took no account of topography,incorporating mobile ocean beach dune systems, sensitiveecosystems and flood prone land.

3.2. The allotments were actively marketed to new arrivals to Australia.All were sold and, except for some that have been bought back,remain in largely disaggregated private ownership to this day.

3.3. The subdivisions were recognised as inappropriate almost as soonas they were completed and by the early 1970s the VictorianGovernment and the then Rosedale Shire Council were makingefforts to control development within the subdivisions whilst avoidingthe issue of large scale buy-back and re-incorporation into the publicestate.

3.4. Efforts to control development through the planning scheme alonehave led to a daunting array of zones and overlays that areconfusing to the public, difficult to administer, in some casesineffective.

3.5. The current Wellington Shire Council, created by amalgamation in1994, and the Victorian Government, commissioned thedevelopment of a comprehensive strategy to deal with the issues in2000. The Wellington Coast Subdivision Strategy was adopted byCouncil in September 2005. This Strategy aims to provide for theorderly development of the Ninety Mile Beach inappropriate

Document that updates Wellington Shire Council's submission to the Inquiry Into Page 2 of 13Climate Change and Environmental Impacts on Coastal Communities

subdivision area and it was prepared in response to property ownerconcern that their development rights were being compromised andthat the controls, which had been in place for more than 30 years,had not resolved the issue. In broad terms the Strategy proposedthat development should occur in the township areas of ParadiseBeach, Golden Beach and The Honeysuckles and low scaledevelopment should occur in Glomar Beach.

3.6. In April 2006 the State Government recognised the Wellington CoastSubdivision Strategy in the Coastal Spaces Recommendationsreport with a specific recommendation that it work with WellingtonShire Council to implement the Strategy. Further, the Stateannounced $100,000 to assist Council with the implementationprocess.

3.7. A joint project was subsequently initiated and a Project ControlGroup established with representatives from Council, the VictorianDepartment of Sustainability & Environment (DSE), VictorianDepartment of Planning & Community Development (DPCD), andVictorian Department of Infrastructure (DOI).

3.8. The objective of the project is to provide advice to the VictorianGovernment and Council on implementation of the Wellington CoastSubdivision Strategy.

3.9. A Project Director was subsequently recruited and the work planwas endorsed by the Project Control Group.

3.10. The adopted work plan called for, amongst other things, a landcapability and suitability assessment to be prepared. Accordinglytwo workshops were held, one in May 2007 and the other in August2007, to prepare the scope for this assessment of land capabilityand suitability. These workshops were attended by representativesof various government stakeholders. The land capability andsuitability assessment for the entire Wellington Coast SubdivisionStrategy area was completed and presented to a ProjectImplementation Workshop of all government stakeholders held on25 February 2008. This assessment includes climate changeimpact assessments based around several sea level rise scenarios.Issues addressed during the preparation of the land capability andsuitability assessment include commissioning of detailed aerialsurveying, lack of servicing in the township areas and ambiguousplanning controls. The Workshop adopted Strategic Option 3 -'Land Capability' as the preferred option. This strategic optionmodifies the "Urban Nodal" option adopted by Council in 2005 totake into account land capability and suitability assessmentsincluding potential climate change induced inundation, erosion andsubsidence. This option proposes that Golden Beach and ParadiseBeach continue as viable seaside townships and that services,including sewer, streets, drainage and community infrastructure, beupgraded. This option also proposes land outside the definedtownships be appropriately managed and that little or nodevelopment occur.

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3.11. More recently Council has become aware of CSIRO reports oncoastal subsidence, which are currently being mapped.

3.12. In December 2008 the Victorian Government released the VictorianCoastal Strategy 2008. The Strategy requires application of a policyof planning for sea level rise of not less than 0.8 metres by 2100.The Strategy also calls for the completion, as a matter of urgency, ofa coastal vulnerability study and incorporation of the findings intorelevant policy, planning and management frameworks.

3.13. Council is aware that the Victorian State Government hascommissioned a detailed aerial survey of the entire Victorian coastto 120 mm intervals which will allow for detailed mapping and willindicate the most vulnerable areas of coast. This work has beencommissioned as part of the Victorian Government's Future Coastsproject, which aims to provide tools for coastal land managers,including Councils, by the end of 2009.

3.14. The Gippsland Coastal Board also released its report "ClimateChange, Sea Level Rise and Coastal Subsidence along theGippsland Coast' on 10 July 2008.

3.15. In 2007 Council sought Ministerial intervention to stop developmentoutside the township areas while the implementation plans aredeveloped. This amendment, known as C48, was approved inDecember 2007 with a temporary prohibition on development inplace until July 2009.

3.16. On 23 December 2008 Wellington Shire Council adopted a policythat requires the owners of certain properties on the coast, includingat The Honeysuckles, to prepare a Climate Change Response Plan.This was in response to community concern and controversy aboutthe potential impact of climate change induced sea level rise, stormsurge and inundation on The Honeysuckles, a small community onthe Wellington coast.

3.17. The attached map is an extract from the report "Climate Change andSea Level Rise Implications: Ninety Mile Beach and Lake Reeve -Honeysuckles to Paradise Beach March 2008" prepared byconsultants Ethos NRM Pty Ltd with Water Technology.

3.18. The requirement for a Climate Change Response Plan and theadopted Guidelines for Preparation of a Climate Change (Sea Level)Response Plan are Council's initial policy response and weredeveloped in the absence of other policy, planning and managementframeworks within the State Planning System. The requirement fora planning permit at The Honeysuckles provides the trigger for aClimate Change Response Plan. Similar triggers exist in othercoastal settlements on the Wellington Coast.

However, not all development in all coastal settlements on theWellington Coast requires a permit. A copy of Council's Guidelinesfor the Preparation of a Climate Change (Sea level Rise) ResponsePlan) is attached.

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3.19. Council, at its 21 April 2009 meeting, endorsed a Wellington CoastSubdivisions implementation package, which modifies theWellington Coast Subdivision Strategy, first adopted by Council in2005, following consideration of new information relating to the landcapability and suitability. The package calls for a coastal hazardsassessment some the potential impacts climate change induced sealevel rise, storm and inundation can be better understood. Thisapproach also gives time for the development of policy, planningand management frameworks signalled in the Victorian CoastalStrategy 2008.

3.20. Council has written to the relevant Victorian Government Ministersseeking formal consideration of the proposed Wellington CoastSubdivisions implementation package. A response is currentlybeing awaited.

4. Response to Inquiry terms of reference

4.1. Council notes the terms of reference for the Inquiry into climatechange and environmental impacts on coastal communities andmakes the following comments:

• Existing policies and programs related to coastal zonemanagement, taking into account the catchment-coast-oceancontinuum

4.1.1. It has become evident through the Wellington CoastSubdivision Strategy project that a comprehensive coastalmanagement policy response is required. While the releaseof the Victorian Coastal Strategy in December 2008 hasassisted; comprehensive policy, planning and managementframeworks are still required to address potential inundationand coastal erosion hazards as a result of climate changeinduced sea level rise and land subsidence.

4.1.2. It is suggested that the Commonwealth and State work withWellington Shire Council to develop policies and programsspecific to coastal zone management and taking intoaccount the catchment-coast-ocean continuum. TheWellington coast provides an excellent range of exampleswhere mitigation and adaptation strategies and actionscould be Mailed.

4.1.3. One approach, which could be further developed, is therequirement developed by Wellington for a Climate ChangeResponse Plan. Consideration should be given toincorporating policies and tools within the Victorian PlanningSystem requiring all owners of vulnerable properties on thecoast to prepare a Climate Change Response planwhenever a development is contemplated.

» The impact of climate change on coastal areas and strategies todeal with climate change adaptation, particularly in response toprojected sea level rise

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4.1.4. The endorsed implementation plan for the Wellington CoastSubdivision Strategy, currently being considered by theVictorian Government, proposes to progressively rearrangeland ownership, development controls and infrastructure in away that reflects evolving coastal planning policy includingflora/fauna and landscape preservation promotessustainable development of defined settlement areas; anddelivers transparency and equity.

4.1.5. The implementation package also proposes that a coastalvulnerability assessment by undertaken for the coastbetween Seaspray and Paradise Beach. This will help toinform the development of policy, planning andmanagement frameworks, including innovative adaptationand mitigation strategies.

4.1.6. Again, it is suggested that the Wellington coast provides anexcellent opportunity to trial model response mitigation andadaptation strategies including the Climate ChangeResponse Plan discussed above.

Mechanisms to promote sustainable coastal communities

4.1.7. The implementation plan for the Wellington CoastSubdivision Strategy proposes sustainable development ofdefined settlement areas. This will require progressiverearrangement of land ownership, new developmentcontrols and infrastructure to reflect evolving coastalplanning policy, including innovative adaptation andmitigation strategies.

Governance and institutional arrangements for the coastal zone.

4.1.8. The implementation plan for the Wellington CoastSubdivision Strategy proposes to progressively rearrangeland ownership to reflect evolving coastal planning policy,promote sustainable development of defined settlementareas and deliver transparency and equity. Councilenvisages that property ownership in the defined settlementareas will remain in private hands and that land ownershipoutside the defined settlement areas will be largely public.The process and institutional arrangements required toprogressively rearrange land ownership are being resolvedin the current negotiations between Council and theVictorian State Government as part of the Wellington CoastSubdivisions implementation plan.

4.1.9. It is suggested that the Wellington coast does providean excellent opportunity to trial model governance andinstitutional arrangements in this important coastalzone.

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5. Summary

5.1. Wellington Shire Council welcomes the opportunity to present to thepublic hearing for the inquiry into Climate Change andEnvironmental Impacts on Coastal Communities at the City ofKingston Municipal Offices on 21 May 2009.

5.2. Wellington Shire Council has taken the initiative by adopting a policythat requires the owners of certain properties on the coast toprepare a Climate Change Response Plan when proposingdevelopment in vulnerable coastal communities.

5.3. Wellington Shire Council has proposed a Wellington Coastsubdivisions implementation package, which includes a vulnerabilityassessment of the coast between Seaspray and Paradise Beach.

5.4. Wellington Shire Council suggests that the Commonwealth andVictorian State Government work with it to develop policy, planningand management frameworks to address potential inundation andcoastal hazards arising from climate change induced sea level riseand storm surges.

Yours sincerely

LYNDON WEBBChief Executive Officer

Our Ref: BDG:pldReply To: Bruce Graham

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WELLINGTON SHIRE IN CONTEXT WITH THE STATE OF VICTORIA

Wellington Shire, Victoria, Australia

Document that updates Wellington Shire Council's submission to the Inquiry IntoClimate Change and Environmental Impacts on Coastal Communities

Page 8 of 13

WELLINGTON COAST SUBDIVISION AREA IN CONTEXT OF THE WELLINGTON SHSRE

CD SUBDiViSiON AREASSUBJECT TO THE STRATEGY

SBSRE OF WEtLiHGTON

W&LUNG TON COAS T SU&QtVlStON STRA TEGYHQNBYSUCKUSS TO PARAOiSE BEACH,SBACGMBE AND HOLLANDS LANOtMQ

FIGURE 1STRATEGY AREAR®f. NO 31,*!309S - Jvn® 2QQ'i {

Document that updates Wellington Shire Council's submission to the Inquiry IntoClimate Change and Environmental Impacts on Coastal Communities

Page 9 of 13

THE HONEYSUCKLES - EXTRACT FROM CLIMATE CHANGE AND SEA LEVEL RISE IMPLICATIONS REPORT

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PHOTO: PRIMARY DUNE LOOKING TO SEASPRAY

• " • * • • % , : • * \ - a

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Planning permits for development Os a new dwelling on land in the ism

The Honeysuckles, if approved, will generally include the following conditions.

•;•• r • ;

Before tr-e Ge»elcprrent starts t>e"ust s^sa'e a s! i'ate c^a^ge Tcar wh:cn e«ar-'es :"e v?"oi;s c.:nietecnange :n-pacts on -.he 'ar>a For e/anp'einundation arising *rorr. stor"- evertspossible longer w n inundax>r ans-ng Yo"-b-each of the anmary dune ans rvorepermanent inundation due to sea level nseand actions which will be undertaken by theowners of the dwelling to adapt 9ie safety ofdie dwelling and its inhabitants to thoseimpacts.

The plan should include triggers tor actionsucti as particular inundation levels, stormwarnings, etc. and the action response tothose triggers.

The plan must be to Bis sattefeefcn of theresponaUe authority aid be reviewec- atleast ewry 10 years or sooner if required bythe responsfcSe authority.

1 KJ.

V: assess and doc'.iment polenbarisks a1s:ns fron ctlinate charge. These»: f nc L.de on sire nsks to occupantsa id prcoerty, anci off s".e risks SLfch aspo-lut-op (e.g. water siundc-ted wastewate- disposal s^terns, cltemicsisstores on the propety etc), teas ofeoj'pment and person B! belongings(eg. caravans, boats, outdoor fumr.ureetc).

/. Prepare a written Response Pran toitiese identified risks.

• i . enter into an agreement with Council{Section 173 unde- the Pfenning &Environment Act 1987). This agreementmus:be registered on Title.

';•. Review the Climate Change ResponsePlan at least every 10 years or soonerwhen required by Councii.

5. Submit the reviewed agreement !•"•Councl for approval

Before tne develcpmer: starts tt-e o*rer cfthe land si*ai- enter hta a*i agreeneit wt rtfie Responsible Ai.'thonty in accoraarcewith Section 173 of the Planring andEiviromient Act 198? fttid' will covenant'tiat the owrers acknowledge they wi'i abideby actions sfipulated in the approved climatechange management pian.

The agreement will bind the applicant as theowner and shaR tun w in the land so that aHsuccessors in We are bound by Hie89re6fnBnL. turn BQnSCSfTVeitt WHf VK

prepared at the appUcanf s cost ami to theof fte RtupomSfe Auboify,

4 0 - A B - 8 % . fcl

Assessment

Before a Response Plan can be prepareo.the site must be assessed for susceptibility toflooding and climate change influences. Theassessment should include a physicadescription of the property, including:

• Property descripion.

» Proximity to t ie coast line.

• Surface levels to Australian HekjhiDatum {AW>).

This informaion will indicate the likely level ofinundation in the event of storm surgestofeaefiPrtg the primaiy dune and gainingaccess to (he property.

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References:

Relevant references, as determined by Councilfrom time to time, may include:

» Ethos NRM Report, 2008

» Draft Victorian Coastal Strategy, 2007

• CSIRO studies relevant to sea level riseand the Gippsland coast Sine.

Predicted Risks:

Risls predicted to arise and which must beaddressed include:

1. Short Dtimtian Inundation—Flooding fromexpected more intense storm events.

2. MetMam Duration inundation—Longerduration flooding arising from breach ofclones and storm surge.

5, Long Duration Inundation—Permanentdue to sea level rise.

• Loss of safe access 2nri egress :c t ieprcpety by owners and EmergencyServices

• RISK of drowning.

• LOSS of con'-runicason services

• Loss of electricity services/electrocution.

« Water damage to buildings, associatedinfrastructure and personal property.

Pollution (e.g. water inundated wa3le waterdisposal systems, chemicals stored on theproperly etc.• Permanent inundation and loss of effective

use of Ihe property

Ways in which the issues could beaddressed:

Building design e.g. use materials notsusceptible to water damage, raise floorlevels, raise wsring, use waste watertreatment systems which can be isolatedfrom flood levels, design storage areasabove flood levels.

Construct dwellngs which are able to bereally removed.

Evacuate site in time—monitor weatherreports and be guided by insfructforss fromEmergency Services.

A set flooding trigger for evacuation couldbe considered.

Notify retevant flood coordinaing body theflood response has been activated.

The site to be cleared at t ie direction ofthe responsible authority if it reasonablyforms Hhe view that certain indicators ofrisk have been reached, such as:

* The probabiHy of periodic hazardousflooding has become unacceptable{possible trigger — flooding deeperthan 300mm has 10% or greaterAnnual' Event Probability (AEP)).

Unacceptable likelfrood of danger-ous conditions e.g. probability of amarine erosion event threateningproperty or essential infrastructure,being assessed at greater than 1%per year, at any time over the follow-ing ten years.

Essential public infrastructurebecoming impractical or uneconomicto maintain.

The land owner to accept full financialpespofisita'lity for implementation oft te s te Cteertmn** PHr>

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