Tuesday, 6 February 2024

Flood recovery

Samantha RATNAM (Northern Metropolitan) (18:53): (664) My adjournment matter tonight is for the Minister for Water, and it concerns requirements of the planning permit application process for victims of the Maribyrnong floods. I am informed that 1500 people in nearly 600 homes were impacted by the 2022 floods in Maribyrnong. Many of these people continue to struggle with the recovery process. Barely 40 per cent of them have returned to their homes. Of those who have returned, many are living in damaged houses with limited access to utilities. As you will have heard during the current parliamentary inquiry into the 2022 flood events, there are several systemic issues which contributed to the flooding and which were beyond the control of any individual, most notably climate change and poor development decisions. The community’s ongoing struggle is evidence that our disaster resilience and recovery systems have also failed people.

It is within this context that victims of the Maribyrnong floods are expected to rebuild and to do so in ways which address future flooding risk. This has not been an easy task for anyone. Since the events, residents who are seeking planning permits or who began the process with council even prior to the events are now being required to enter into section 173 agreements with Melbourne Water. These agreements would indefinitely indemnify Melbourne Water from the risks associated with flood damage to the property and its contents. Residents and the council have expressed concerns, as these section 173 agreements will undoubtedly have significant repercussions with respect to the availability of insurance and mortgages and on the prospect of resale. In essence, these residents, who are already shouldering the brunt of planning and climate policy failure, are now being asked to take on all of the risk of future flooding without options for recourse. My question to the minister is whether this is an intended and appropriate use of section 173 of the Planning and Environment Act 1987, and if not, what she is doing to ensure residents are protected from this sort of improper obligation.