Coastal Management – Issues

1. Coastal Management – Issues ABM Executive Meeting September 12th, 2013

2. The Issues Need for clarity around: • roles & responsibilities (State/CoM) • policy and planning framework Funding • Escalating costs NOW - not in the future • Lack of funding Response by State Government • ‘no response’ • Requests for further information

3. Planning Coastal Management Act 1995 • strategic planning on the coast • Management planning on the coast • Approval to use and develop coastal Crown land Lead agencies: • Victorian Coastal Council (VCC) • Regional Coastal Board (CCB) – strategic planning • Department of Environment & Primary Industry (management and consents)

4. Role & Responsibilities of Council as CoM • ‘must’ take reasonable steps to give effect to VCS • ‘must’ take reasonable steps to give effect to CAP’s • ‘must’ take reasonable steps to give effect to approved CMP • ‘may prepare’ a coastal management plan for reserve over which appointed CoM

5. Planning Planning & Environment Act 1987 • establishes land use planning regime for private and public land Lead agencies: • Department of Transport , Planning and Local Infrastrucure (DoTPLI) • Local government

6. Role & Responsibilities of Council as Land Manager • Public Land Manager – written consent required for all planning permit applications (other than by relevant land manager)for use and/or development of PPRZ/PCRZ • Responsible Authority – ‘may’ grant or refuse permits and make conditions • ‘must’ decide to refuse the permit if CMA consent not granted

7. Land Status Management Crown Land (Reserves) Act 1978 • establishes power to reserve Crown land for a range of public purposes and to appoint Committees of Management to manage reserved Crown land Lead agency: • Department of Environment & Primary Industry (DEPI)

8. Role & Responsibilities of Council as CoM • ‘shall’ manage, maintain and control the land for the purpose for which it is reserved • ‘may’ employ officers, servants and workmen • ‘may’ exercise powers, functions and carry out duties imposed by regulations • ‘may’ carry out works and improvements • ‘may’ expend any revenue from the land for the purposes set out above • ‘may’ grant leases/licences • ‘may’ enter into agreements to operate services and facilities

9. Land Status Management Local Government Act 1989 • provides legislative backing for local government and provision for local laws Lead agencies: • Local government • Department of Transport , Planning and Local Infrastrucure (DoTPLI)

10. Land Status Management Local Government Act 1989 • provides legislative backing for local government and provision for local laws Lead agencies: • Local government • Department of Transport , Planning and Local Infrastrucure (DoTPLI)

11. Environmental Protection Environmental Protection Act 1970 • provides a framework for environment protection in Victoria Lead agency: • Environmental Protection Agency (EPA)

12. State Planning & Policy Current Trends Key Words • High Level • Strategic • Risk management • Efficiency & consistency • Regional partnerships • Facilitate implementation, adaptation and works by local government and community

13. Victorian Coastal Strategy 2008 • Ministerial direction for a ‘whole of Government’ Partners Draft of the VCS for consideration by early September 2013 • Consultations for review suspended until after draft document produced • A high level, long-term, strategic planning document which is intended to develop principles and guidelines for long-term planning (including protection and enhancement of natural and physical assets).

14. Boating CAP • Ministerial direction for a regional approach to develop an overarching CAP that identifies strategic directions and objectives for coastal use and development within their region • no further stakeholder consultation • summarised form of the existing CAP to be included in regional plan as a ‘Recreational Boating Facilities Framework’ (n.b outstanding implementation) • the aim of providing efficiencies and consistency across CAPS.

15. EPA Clean Up the Bay & Yarra Taskforce – Yarra & Bay Action Plans • Risk management approach • Strategy designed to ensure a structure which better manages threats (litter, pollution etc.) and which provides better information to and improves communications with the community • The strategy invests in agencies and community groups to assist them with works around the Bay through community partnerships

16. Coastal Adaptation Projects • A lot of work undertaken by State government in partnership with local Councils on identifying risks and hazards • No funding for adaptation planning or works • Proposal for Western Port Strategic Adaptation Framework (the Framework) to provide high level strategic guiding principles • Emphasis on regional partnerships with State Government role as facilitatingadaptation planning by local government and community

17. Coastal Reform Project • DEPI roles identified as: • Oversee management of coastal public land and water • Develop evidence-based public policy and standards • Set governance on the coasts • Enable others to manage, plan and make informed decisions • Manage current and future risks • Respond to emergency and major incidents • Act as regulator (where required)

18. Recommendations • More efficient and effective regulation (consents) and governance • More investment and utilisation of strategic planning mechanisms • Build capacity and capability of managing entities (e.g. the Great Ocean Road Coastal Committee) • Encourage more community action and suitable development.

19. Victorian Climate Change Adaptation Plan State government sector responsible for: • Managing risks to public assets and services managed by the Victorian Government – including embedding climate change considerations into risk management and business planning for assets and critical service delivery.

20. Local government sector is responsible for: • Managing risks and impacts to public assets owned and managed by local government and to local government service delivery – including managing risks to assets and infrastructure such as local roads and providing ongoing service. Key Strategy and Priority: • MOU clarifying roles and responsibilities by 2014

21. Case Study – Mt Eliza Cliff Instability • Request to DEPI by landholder for consent to build private protective structure on coastal Crown land The VCS provides that: 3.1.4. Coastal Protection Policy Protect assets from coastal erosion and storm activity by managing coastal processes along the Port Phillip Bay coastline where there is demonstrable public value…

22. Coastal Management Act 1995 The CMA Act provides that: S2. Land managers to take Strategy into account In carrying out a function involved in land management – • on behalf the Crown or • under an Act – a minister, public authority, committee of management of reserved Crown land or municipal council must take all reasonable steps to give effect to the Victorian Coastal Strategy

23. Request to DEPI To work together with the Department of Environment and Primary Industries and Bayside Municipalities to arrive at a unified approach. • Clarification of State policies and the relevant approval processes; • Depending on the scale of works proposed, any requirement to amend planning and policy provisions;

24. Identification and agreement between DEPI, the relevant Councils and the landowner regarding long-term management responsibilities pertaining to private protective structures on coastal Crown land; • Compliance with coastal planning objectives set out in any approved management plan and the planning scheme, particularly with regard to protecting the public’s use and enjoyment of the coast;

25. The likely implications and impacts that may arise as a result of climate change; and • the likely impacts on the cultural heritage sensitivities of the site which have been highlighted by the recent discovery of in-situ artefacts and shell middens.

26. Response by DEPI • “Your letter has been passed around a number of people but, in addition, I note that your email states that your letter requests 'roles and responsibilities of asset management on coastal crown land'. Unfortunately, the letter has been interpreted in a number of different ways.

27. To progress this issue, can I suggest that you review the letter and possibly revise it to clarify your request. • If you consider the request is a matter of policy, I suggest that you send the letter to Peter Beaumont, ED Land management Policy (same address as below). • If however, the request is clarification of roles and responsibilities, the regional can probably respond to this, in consultation with the policy division.”

28. Where to from here? While we have framed the question in rather generic terms, the basic issues in relation to the issue of private protective structures on the coast remain: • what are the options (protect, adapt, retreat)? • what are the criteria for deciding on an appropriate option? • where along the coast are any of these options appropriate? • who will pay (in the short and longer term)?

29. The State government cannot expect to facilitate local government in approving and taking on new coastal responsibilities without providing clear policy guidelines and resources • So, there is need for consistent and transparent State policy in relation to the what, where and why of private coastal protection • And unless the State government accepts legal responsibility for the long-term maintenance (or removal if necessary) and any effects such structures may have on adjoining lands, local government is unlikely to give approval as the Committee of Management or as the Public Land Manager.