NORTHERN RIVERS NSW STATE OF PLAY JANUARY 2023: in 39 days time it will be exactly one year since a catastrophic extreme flood devastated Lismore

 

As this sad milestone approaches for Lismore residents it must often feel as though the pain will never stop.

ABC News, 18 January 2023:

The Energy & Water Ombudsman NSW says it has received dozens of complaints about power bills issued for unoccupied flood-affected homes & businesses on the state's Far North Coast.

Lismore business owner Anne Walker said she had not used her business premises since it was flooded in February 2022, but months later she received messages from her retailer that said she owed more than $700.

"The texts were coming in saying if I didn't pay this amount, they were going to discontinue my electricity, which is ironic because there was no electricity," she said.

Ms Walker spoke to her provider in October to address the issue, but it took until last week to be resolved.

"It was very stressful — extremely stressful," she said.

The ombudsman's office recorded 55 complaints from the Northern Rivers since the start of September, including 28 from the Lismore area.

"Often there's no resident there, the property is not occupied and, of course, the billing doesn't reflect the fact that," said ombudsman Janine Young.

"[There is] either no usage or, where there is some usage, it's overestimated."

Estimated bills to be reviewed

Residents who spoke to the ABC said the incorrect bills they received were based on estimates of their usage.

This occurs when a meter reader is unable to access a property to record the energy usage, so an estimated bill is issued by the energy provider.

In the case of a situation that has led to vastly reduced energy usage, or no usage at all, Ms Young said the rules for bill estimates needed to be reviewed.

"When estimates are done, the rules allow an estimated bill based on the same period the prior year, or on what a comparable customer might be," she said.

"When there's been floods & there's been no usage, if you're getting an estimate based on the prior year, that's completely wrong.

"Those rules have to be looked at."

Customers should first try to resolve any dispute with their retailer, but those left dissatisfied could turn to Ms Young's office for help, she said.

"We've had outcomes where we've got the bill waived, where we've had the daily supply charges waived as well," Ms Young said.

"The retailer is much more aware of the customer circumstances & when it's likely that the property can be again inhabited — if it can be."

No meters, no power

Adrian Walsh from Broadwater said he received an estimated usage bill of about $800, despite not having power after the flood.

"When I first rang up & complained [to the retailer] ... their solution was to pay the bill & perhaps I could claim it back later," he said.

"I wasn't really in the mood for that."

Bungawalbin's Keely Patch said metering equipment damaged by the floods was still not working in her area.

Despite having only a single working power point in her home, Ms Patch said she was sent estimated usage bills that totalled $800.

"If estimated bills are based off previous usages, that kind of gets taken out of the picture when, for months, there was no usage at all," Ms Patch said.

"Since the bills have come in, I've only been running a fridge & some lights & that's pretty much all I've got."

The ABC heard from people who were experiencing similar issues across a range of energy retailers.

In a statement, Origin Energy said it was committed to supporting customers affected by floods…...

Red Energy said it stopped billing & debt collection activities in the aftermath of the floods while it assessed the situation…….

Exclusive: Only one-fifth of the $1.6bn promised to flood-ravaged communities in the Northern Rivers region of NSW has been paid out by the Perrottet government, new data reveals. @australian https://t.co/SAmCfpvdxe

— Max Maddison (@maxmaddison) January 18, 2023

....Eleven months ago, an unprecedented deluge swept across the eastern seaboard, inundating towns across southeast Queensland and northern NSW, in one of the worst recorded flooding disasters in the nation’s history.

With communities such as Woodburn, Kyogle and Nimbin in the northeastern corner of NSW facing a monumental rebuild, NSW Premier Dominic Perrottet vowed not a dollar would be spared in the recovery effort, saying those who had lost homes were a primary concern.

But of the $1.6bn promised by the government in May last year, Service NSW data reveals only $322.2m has been distributed eight months later.

Inordinately high numbers of grants had been ruled ineligible by the government, with more than 67 per cent of small business grants rejected.

South Lismore cafe owner Tony Zammit said his experience in the aftermath of the floods had been positive, but he had faced issues applying for the small grants program later on, with multiple applications green-lit by Service NSW staff before being subsequently rejected.

“Early on they were helpful but as time went on it became daunting. By the end, honest claims and applicants were treated as criminals,” Mr Zammit, the owner of The Sassy Bean cafe, said.

One near-$50,000 claim was deemed ineligible by Service NSW because assessors could not verify an $1100 electrician’s bill, he said. When he attempted to resubmit his claim, Mr Zammit was told he could not submit any of the same receipts as they had all been deemed fraudulent.

More than 80 per cent of rental support applications have been declined, while of special disaster grants available to farmers and primary producers, only $116m of $302m claimed has been paid out, despite 86 per cent of applications being approved or rejected.

Emergency Services Minister Steph Cooke warned in May last year the government had an “obligation” to ensure the proper processes were in place to filter out fraudulent grant applications. The NSW government’s independent 2022 flood inquiry noted concerns among flood-impacted farming communities that there were “onerous processes for accessing grants, and for submitting development applications”.

An upper house inquiry reached similar conclusions, finding a lack of streamlined grants processes meant applicants were repeatedly interviewed, “leading to frustration and trauma”, while a lack of assessors on the ground “delayed the rollout of grants”…..

Cynicism burns strong in the Northern River as the March 2023 state election date draws nearer

 

Echo, 13 January 2023:

With the NSW election looming on March 25, there will no doubt soon be a government bonanza of promises to impress, you, the good-looking and articulate voter, into thinking that this or that party will govern with your interests at heart.

Politicians want to be taken seriously now? How cute!

State governments use your taxes to pay for health, education, police and roads, among many other services.

Other things they use your taxes for include throwing huge wads of cash at electorates they think they can win (called pork barrelling), or generously repaying their campaign donors.

That aside, another crucial role state governments have is with planning.

As we saw recently with the NSW planning minister’s intervention on [Byron Shire] Council’s holiday letting policy – local governments are merely a corporate arm of the state government, and will be reined in if they do not reflect the government’s views.

The views of the current NSW Liberal-Nationals government appears to deny local decision-making, renege on that promise, and undermine any chance to address the housing crisis.

And also, presumably, repay their campaign donor mates in the holiday letting industry.

The current government aren’t doing that well across the state, and with any luck there will be a much-needed change of direction after election day.

Or will NSW Labor act in the same way?

Moving on, a planning policy that is currently on the table from the NSW Department of Planning and Environment (DPE) is reforming the State Environmental Planning Policy (Housing) 2021, (or Housing SEPP).

The current Housing SEPP, as the peak body for local government, Local Government NSW (LGNSW), says, contains ‘blanket provisions that override local controls [and] undermine this framework for local strategic planning, by disrupting outcomes endorsed through councils’ local strategic planning processes’.

It’s widely known that affordable housing SEPPs don’t work as intended. Or as a cynic may say, they are working perfectly for the one per cent. Just not those who need affordable housing.

For example, LGNSW support affordable housing, developed under the Housing SEPP, to be in perpetuity, ‘not 15 years, as current provisions allow’.

Also, unlike the current government, LGNSW supports ‘locally-developed responses to short-term rental accommodation (STRA)’.

To have your say on the housing reforms, which are on exhibition until January 13, visit www.planning.nsw.gov.au/Policy-and-Legislation/Housing/Housing-SEPP.

Hans Lovejoy, editor

Perrottet Government finally commits to bringing the Volunteer Rescue Association's emergency communications capability up to scratch

 

The Volunteer Rescue Association of NSW (VRA) formed in 1969 says of itself :

NSW VRA has over 1500 volunteer members across 53 squads, including specialist rescue operators working for their communities across New South Wales. They are primary responders for Road Crash Rescue, General Land Rescue, Vertical Rescue and many types of specialist rescue encountered by Emergency Service personnel and primarily operate in rural and regional New South Wales. The NSW VRA also includes Aerial Patrol, Remote Area Communications, Cave Rescue, Ski Patrols, Swift Water Teams and other Rescue Support Teams.

The VRA funding model is a mix of government grants, community fundraising and donations. This model results in a very tight budget.

So when in 2018 then Premier & Liberal MLA Gladys Berejiklian and her then Treasurer & Liberal MLA Dominic Perrott had the bright idea of charging commercial rental rates for use of around 800 communications towers on Crown land and abolishing rent rebates, the VRA feared it would have to cease using these towers as the organisation couldn’t bear the additional costs.

Tower rental costs in rural and regional low population density areas were foreshadowed to increase by 19 per cent.

By November 2019 the NSW Coalition Government appears to have decided that rebates on communication tower rents could still be made to eligible organisations on application, but these rebates would still require payment of the statutory minimum rent.

I suspect that the $4.7 million government funding injection mentioned in the article below is in part a workaround for a situation that Premier Perrottet himself helped create in 2018-2019.

Echo, 9 January 2023:

The Volunteer Rescue Association of NSW (VRA) will soon have access to seamless communications coverage across the state.

Minister for Emergency Services and Resilience and Minister for Flood Recovery Steph Cooke said a $4.7 million government funding injection will overhaul the VRA’s radio network to bring it into line with the other emergency services.

The funding will provide for 421 new radios and equip 100 vehicles with Vehicle as a Node technology.

Vehicle as a Node

The Vehicle as a Node capability integrates radio, mobile phone and satellite networks to provide a communication system that is resistant to ‘blackspots’, which often occur when natural disasters impact infrastructure.

VRA Acting Commissioner Andrew Luke said the upgrade will also give volunteers access to a duress button that is centrally monitored.

‘At the press of a button our members can request urgent assistance if they are in danger, enabling an immediate response,’ he said.

A consistent and reliable radio network

Ms Cooke said this multi-million dollar boost will give VRA volunteers access to a consistent and reliable radio network which is compatible with other agencies and guarantees their ability to communicate anywhere in NSW.

‘The VRA is the only agency in the State solely dedicated to rescue and its volunteers and staff have done an incredible job, particularly over the past 12 months supporting flood operations.

‘The independent Flood Inquiry highlighted ways we can enhance our emergency response and we will continue to ensure first responders have the resources they need to keep regional, rural and remote communities safer and stronger.’

‘Being able to send and receive life-saving communications in all conditions is vital to the safety of everyone, including our 1,218 members,’ said Acting Commissioner Andrew Luke.

Perrottet Coalition Government riding roughshod over local government in the Northern Rivers region - yet again

 

ABC News, 15 December 2022:

Byron Bay attracts tourists from across the world, but short-term holiday rentals have been blamed for exacerbating the housing crisis.(ABC News: Bridget Judd)

The Byron Shire Council has been blindsided by an 11th-hour decision by the NSW government which will stall controversial plans for a 90-day cap on short-term holiday letting in parts of the shire.

The state government announced yesterday it had instructed the NSW Independent Planning Commission (IPC) to hold a public hearing on the issue.

The Byron Shire Council today voted in support of the policy after working on the proposal and consultation for three years.

However, the change will now need to be approved by the state government once it receives advice from the IPC.

Mayor Michael Lyon said it was a disappointing change of direction.

"In June we were told we were trusted with the ability to run a fair consultation," he said.

"That's the way it should be. Local government is the closest to its community and it should be trusted to make decisions which affect it."

The council hoped a 90-day cap would alleviate the area's housing crisis by encouraging property investors to place their vacant properties back in the long-term rental market.

Cr Lyon said he would try to remain positive and trust the IPC to look carefully at the very complex issue.

"This is a desperately needed reform for our community," he said.

"We've put our best step forward and just have to trust that the right decision will be made by that IPC."

'Sorry, game over'

Greens Ballina MP Tamara Smith made a scathing criticism of the state government's decision to intervene at the last minute.

"It is an absolute disrespect to our community after all we've gone through with the floods and the acute housing crisis," she said.

Ms Smith said the state government had caved to pressure from international corporations at the expense of local government and communities.

"Council has jumped through every hoop that the planning department has said they had to go through," she said.

"We're about to find out the result … and the minister has said, 'sorry, game over'."…..

Read the full article here.

Climate Change State of Play 2022: These days living in Yamba NSW is like existing within many confusing layers of altered reality

These days living in Yamba NSW, situated on a 500 sq km coastal floodplain at a point where the 'Mighty' Clarence River meets the vastness of the Pacific Ocean, is like existing within many confusing layers of altered reality.

In the local paper on 23 November 2022 the front page led with an article titled "Stop Building On Floodplains" in which both the Prime Minister, Federal Minister for Emergency Management, and even NSW Premier Perrottet expressed concerns about continuing to expand the urban footprint on floodplains. 

Prime Minister Albanese and Minister Watt came out strongly on the "need to stop development on floodplains". Though in all honesty Mr. Perrottet's statement had all the slippery characteristics of a political bet each way, only wanting to "learn from past mistakes" given his government is currently attempting to concrete over and garden gnome infest many of the state's floodplains between the mountains and the sea.

Clarence Valley Independent, 23 November 2021, Page One

On page 8 of the same issue there was another article accompanied by a colourful graphic (left) reciting the progress being made with the infilling of most of Yamba's remaining natural flood storage area in order to build up to another 1,528 dwellings to house what could be as many as est. 3,800 men, women and children on 127 ha of urban release land approved by the NSW Government as part of its planning policy for residential growth.

Thus growing the permanent resident population to well over 10,000 people just in time for the full brunt of climate change to zero in on the New South Wales coastal zone.

At this point North Coast Voices readers may feel a hint of the cognitive dissonance many local residents are experiencing.

For with landfill yet to be completed, Carrs Drive still raddled by the effects of both flooding & continuous heavy vehicle movements and stormwater/floodwater drainage issues not yet resolved, the rapacious developers are beginning to sell 'off the plan' house and land packages such as these "California dreaming" lifestyle packages on 18.2ha of Carrs Drive land that is historically prone to 1 in 5, 1 in 20, 1 in 50, 1 in 100 flood events — any of which statistically could happen in any given year.

Artist's rendition of yet to be built "Clifton" retirement living

IMAGE: realestate.com.au, retrieved 28 November 2022

So here we sit in Yamba — watching Coalition politicians accompanied by a bevy of developers and real estate agents sell a future that is already gone forever — knowing full well that the Australian Government, CSIRO, Bureau of Meteorology and independent climate scientists are all telling us that in eight years time the subregion which we inhabit will be entering a climate where nothing is certain except the fact that we will be living through never ending, erratic cycles of unnatural disasters until the river and ocean reclaim Yamba as their own. 

 

On 17 November 2022 the NSW Perrottet Government and the state parliament passed into law a bill which creates the NSW Reconstruction Authority - an authority that will allow government, industry, business & property developers to control & exploit all land across the state if they so wish under the guise that they are doing a public good

“The powers of the Authority include the power to carry out development on certain land in particular circumstances and the power to direct a government agency, a State owned corporation, a local council or a person prescribed by the regulations (a relevant entity) to take particular actions in certain circumstances, with a maximum penalty of 200 penalty units for failing to comply with a direction. The Authority may work in cooperation with other government agencies and other persons and bodies if the Authority thinks it appropriate and may delegate the exercise of a function of the Authority to certain persons…..

the Minister may declare the following by notice published in the Gazette—

(a) a project for proposed development to be a declared project,

(b) a part of the State to be a reconstruction area,

(c) a part of the State to be a disaster prevention area.

The proposed Part also sets out the matters to be established before the Minister makes a declaration under the proposed Part, and provides that the notice for the declaration may specify that an Act or statutory instrument does not apply in relation to the declared project, reconstruction area or disaster prevention area.” [NSW Reconstruction Authority Bill 2022: Explanatory Note, excerpt]

Seeing the writing on the wall, the NSW Perrottet Coalition Government found a way to manoeuvre the state parliament into allowing every individual, industry or business which would otherwise have to make a case to gain consent to mine, drill, clear fell forests, pollute land or waterways and/or eradicate wildlife to the point of extinction in order to make money speculating on land, a free pass to do so. By way of the NSW Reconstruction Authority Bill 2022.

Why? Because the O'Farrell-Baird-Berejiklian-Perrottet NSW Coalition Government — ably assisted by the the Abbott-Turnbull-Morrison Coalition Federal Government — having spent the last eight years refusing to face the fact that climate change was real, climate change was here and climate change was very quickly escalating, now has to act. 

However, rather than create a genuine in the public interest Reconstruction Authority, Perrottet and his mates decided to rush through, in the last two parliamentary sitting weeks before the 25 March 2023 state election, the creation of an authority which would allow those mates and their mates and their mates' mates to make fortunes out of the people's misery.  

Communities across New South Wales will rue the day this 

bill was passed.

ABC News, 18 November 2022:

The NSW government is having another crack at setting up a natural disaster authority — but this time the body will have some far-reaching powers that have some on edge.

On Thursday, the parliament passed a bill to create the NSW Reconstruction Authority to assist communities recover from disasters as well as prepare for them.

It's designed to cut through red tape but to do so, it will have a broad remit which includes the ability to develop in national parks or on native title land.

Let's look at what it means for the state.

Why was this bill introduced?

The idea for the authority came from Lismore MP Janelle Saffin during the devastating floods her community faced earlier this year.

She said the now-dismantled Resilience NSW, which was led by Commissioner Shane Fitzsimmons, didn't have the necessary powers, and the state would be better off with a model based on the Queensland Reconstruction Authority.

The independent flood inquiry earlier this year also recommended a permanent state-wide agency dedicated to recovery and preparedness.

The Opposition's Penny Sharpe told the Upper House yesterday the "status quo" wasn't working and although this new model was "radical", Labor was willing "to give it a go".

But the Greens and Independent MLC Justin Field argued the new authority had "unfettered powers" which were unprecedented in NSW.

What powers will this authority have?

The Reconstruction Authority will be permitted to carry out development on land that's likely to be directly or indirectly affected by a natural disaster.

This includes developing land within national parks, protected marine areas or land subject to native title claims, so long as the development is necessary and appropriate.

This also includes the habitat of threatened species.

The authority will be able to do anything that is "supplementary, incidental or consequential" to these functions and the CEO will be able to take whatever steps they deem "necessary or desirable".

Communities across NSW are enduring more severe flooding as the state deals with the largest flood-related emergency response in its history — this is what it looks like.

It will however be subject to the minister for planning's control and direction, who can authorise development without assessment under the Environmental Planning Act.

The environment minister does not have any oversight over the authority but a "joint select committee" will be formed, made up of 10 MPs, who will be responsible for reviewing the authority's actions following any disaster.

A successful Greens amendment this week means the authority must now also take into account how their decisions will impact climate change.

What does all this mean?

Gundungurra elder Sharyn Halls said she's confused about where this legislation leaves Indigenous people who have land agreements, as there's no requirement for consultation.

The government's push to make sure the bill was passed before the parliamentary year finished also left Ms Halls uneasy, as she believes many people won't have even heard of it yet.

"It seemed to be too much of a rushed job," she told the ABC.

"I'm sad that no one's possibly looked into the consequences of this bill properly."

The National Parks Association (NPA) of NSW supports the idea of an authority, but says it's disappointed amendments proposed by the Greens and Mr Fields were rejected.

These included:

• A ban on clearing native vegetation

• A ban on developing within a national park

• The ability for National Parks and Wildlife to intervene in the case of unnecessary environmental impact

• Excluding property developers from the authority's advisory board

NPA president Grahame Douglas said the proposed amendments would have ensured the state's key environment assets were protected by future governments...

"An example of that is the potential abuse of a future government wanting to raise the Warragamba Dam wall in a World Heritage area using this legislation."

[my yellow highlighting]

And the uncertainty continues for Lismore flood victims.....

 

Australian Associated Press AAP, 28 October 2022:

Flood victims in northern NSW have described the government’s $520 million buyback scheme as a “cookie cutter” package designed without adequate community consultation.

The $520 million buyback scheme is the centrepiece of an $800 million package co-funded by the NSW and federal governments, to give 2000 flood-impacted residents of the Northern Rivers region the opportunity to raise, repair or retrofit their houses.

For homes in the areas most at risk – Lismore and the surrounding Northern Rivers region – governments will offer to buy the home and land from the owner.

But victims of the Lismore floods criticised the scheme on Friday, saying it lacks detail and was developed without their input, nearly eight months after the town was devastated.

“Nobody’s actually spoken to us about what our community’s needs are prior to determining the package,” flood victim and domestic violence worker Vicky Findlay told AAP.

“I feel like it’s a bit of a cookie-cutter approach.”

Ms Findlay’s North Lismore home was inundated during flooding earlier this year, destroying bedrooms and leaving her without a kitchen.

Her son, 27, has a disability and is on a waitlist for social housing, meanwhile living in a caravan on their property.

“I imagine we will get a buyback, but the problem for us is that we can’t leave unless our son is given social housing,” she said.

Prime Minister Anthony Albanese says the package offers a way forward for communities devastated by repeated flooding this year, adding governments could not continue to allow homes to be built on floodplains.

“This is the biggest agreement of its kind, ever, in response to a very significant event,” he told reporters in Lismore on Friday.

“We need to do better on planning, but we also need to do better than thinking we can just do the same thing over and over again.”

NSW Premier Dominic Perrottet will lead discussion at a national cabinet meeting about improving planning to ensure floodplain developments didn’t continue.

Mr Perrottet said rebuilding with resilience in mind would avoid past mistakes, adding the days of developing on floodplains in the state were over.

“I’ve already spoken to the planning minister in relation to this,” he said.

Criminal lawyer and Lismore local Eddie Lloyd, who was rescued from a roof during floods earlier this year, said residents living on floodplains remained unsure about which support packages they would be eligible for.

“We hoped that this would be a community-led recovery and rebuild,” Ms Lloyd told AAP.

“The really disappointing factor for us is that the community haven’t been consulted.”

Labor leader Chris Minns welcomed the Commonwealth-state funded package but said it was vital the Northern Rivers were not forgotten.

“It’s a tricky policy situation. I think everybody acknowledges it’s not as simple as coming out with an announcement within days of a natural emergency … I’m glad that we’re now where we are at,” he said.

The program will be open to residents in the Ballina, Byron, Clarence Valley, Kyogle, Lismore, Richmond Valley and Tweed local government areas.

The voluntary buyback scheme will be offered from Monday to home owners in the most vulnerable parts of the Northern Rivers, where renewed flooding continues to pose a serious risk.

They will be offered money to raise, repair or retrofit their property, or sell it to the government, based on expert assessments of the damage, its safety risks and potential future flood levels.

Many assessments will have already taken place, Mr Perrottet said.

Those eligible will be given a payment based on a valuation of the home and land.

Up to $100,000 will be available to raise homes and up to $50,000 for retrofitting in cases where flood risk can be mitigated by better building.

The state government will also spend $100 million buying new land in flood-safe locations for new developments with the Northern Rivers Reconstruction Corporation.