Wednesday 19 October 2022

Community Consultation phase of Australian Governet-funded CSIRO Northern Rivers Initiate has begun for October-November 2022. Concerned residents need to register now




CSIRO, Northern Rivers Resilience Initiative:


The National Emergency Management Agency has engaged CSIRO to undertake a project to understand flood risk factors in the Northern Rivers region of NSW and identify flood mitigation options.


The Australian Government is providing $150 million in 2022–23 for priority flood resilience projects in the Northern Rivers region of New South Wales.


The Northern Rivers Resilience Initiative will provide science to inform the investment, through a process to understand the drivers behind the unprecedented flood event in February-March 2022 and develop community-supported solutions for resilience investment.


The has engaged Australia’s national science agency CSIRO to support the Northern Rivers Resilience Initiative, which will consider climate, catchment and hydrological systems, and the broader influences of land-use practice and infrastructure.


This $11.2 million Initiative will enable us to assess different mitigation scenarios, consider the broader influences mentioned above, such as land use, and identify and prioritise options for mitigating flood risks in the Northern Rivers region. A core part of the project is to undertake engagement with key stakeholders to seek their views regarding priorities for investment.














This map identifies the flood-effected Local Government Areas in the Northern Rivers region of NSW where the project will be carried out. Places such as Lismore, Ballina and Grafton are shown


The project consists of two key parts:


1. Rapid review and assessment – Over the first six months, previous studies will be reviewed to identify flood mitigation options across the Northern Rivers region. Each of the seven flood-affected Local Government Areas in the region, Ballina, Byron, Clarence Valley, Kyogle, Lismore, Richmond Valley and Tweed, will be consulted to identify and prioritise the most effective intervention options.

 

Outcome – This work, due in December 2022, will inform investment in the Northern Rivers region in 2022–23, to support recovery and resilience efforts.

 

2. Detailed modelling – This two-year program of work will collate and generate Light Detection and Ranging (LiDAR) data to provide spatial analysis and hydrological/ hydrodynamic modelling of water movement for the Northern Rivers region. It will also involve examining and evaluating possible events or scenarios that could take place in the future, drawing on local knowledge and expertise on the catchment and flooding.

Outcome – In addition to capturing LiDAR data for modelling and analysis of the entire Northern Rivers region, this work will deliver a detailed hydrodynamic model for the Richmond River catchment. The model will be used to investigate a range of possible scenarios and actions to mitigate flood risk in the Richmond River catchment. The final report for this work is due in May 2024.


Community and stakeholder engagement


From July to October 2022 – Engagement with stakeholders will take place by the CSIRO team in the flood affected area. To view the time-line of activity read our factsheet Northern Rivers Resilience Initiative PDF (351 KB)


CSIRO is working closely with Alluvium Consulting, an environmental consultancy, and their local staff, along with NEMA Recovery Support Officers based in the region for the rapid review and assessment over the first six months. Meetings and workshops with local councils and community groups will discuss existing available information, identify other relevant materials on flood risk, and seek community views to inform the research.


To take part in the community workshops register on the links below:


COMMUNITY WORKSHOPS

Sessions are open

All sessions are open for you to drop in any time between 11.00 am to 6.00 pm

Workshop Date Registration

Goonellabah Community Centre, Goonellabah Monday 17 October Register here

Lismore Workers Sports Club, Lismore Tuesday 18 October Register here

Wardell Catholic Church Hall, Wardell Wednesday 19 October Register here

Ballina Jockey Club, Ballina Thursday 20 October Register here

Woodburn Memorial Hall, Woodburn Monday 24 October Register here

Casino Community & Cultural Centre, Casino Monday 24 October Register here

Coraki Golf Club Tuesday 25 October Register here

Maclean Bowls Club, Maclean Wednesday 26 October Register here


If you are a community member and cannot attend a workshop but would still like to participate, you can fill in our online Northern Rivers Resilience Initiative questionnaire 

To contact workshop organisers email nrri@csiro.au 


 Full announcement here. 


So, you are looking to buy a house or land in Yamba on the Clarence Coast in NSW?

 


A recent local newspaper article of 12 October 2022 stated that Clarence Valley Council would not release the results of a circa 2014 floor level survey of an unstated number of Yamba homes.


This survey was apparently undertaken to assess flood risk vulnerability against potential flood height modelling for Yamba township and environs.


The reason Council gave for withholding this information appears to be; “Premature release of the floor level data might (for instance) result in one or more sales falling through without the statutory immunity of Council being assured.”


By Census Night in August 2021 there were 4,073 residential dwellings recorded for a Yamba population of 6,376 people.


It is possible that conservatively between 30% to 53% of this housing stock is vulnerable to varying degrees during heavy rainfall associated with adverse weather events and Lower Clarence River flooding. A smaller percentage of Yamba dwellings above flood height on Pilot Hill and environs may be still be at risk - from land slippage during prolonged heavy rain and high seas.


Now according to propertyvalue.com.au there have been 142 houses sold in Yamba and environs in the last twelve months with a median price of $925,000.


Looking at online real estate sites there are also a number of dwellings in the town currently for sale – ranging from modest houses on manufactured relocatable housing estates through to 3-4 bedroom brick family homes and onto million dollar plus residences of up to 5 bedrooms & 2 bathrooms with all the mod cons.


There’s no easy way to establish floor levels in Yamba just by viewing real estate websites or looking at documents currently publicly available on Council’s own website. The only historic information publicly available ‘guesses’ dwelling floor heights in many of the town’s streets based on the surveyed height of the adjacent road surface.


An estimation method which clearly had its drawbacks in March 2022 when this overview of a section of Yamba Road was taken.



Embed from Getty Images



If Clarence Valley Council is determined to cloak in secrecy a more accurate extant list of floor heights, perhaps it’s time that the Yamba community began to help people who want to move here make informed choices before committing themselves to a mortgage or spending their hard-earned retirement savings?


Remembering that the Lower Clarence River estuary has flooded on average every three years since the 1990s, looking at Google Earth as well as basic digital flood modelling that Clarence Valley Council has available online and, then sampling from the over 50 dwellings currently advertised for sale for an example of each of the three aforementioned housing types:


  • that sweet little 3 bedroom home in one of Yamba’s manufactured home estates is probably only est. 4m above mean sea level and, if its floor level doesn’t turn out to be at least 2.84m AHD then there is a statistical 1 in 100 chance in any given year that it will have stormwater and/or floodwater running across the bedroom carpeting;


  • the 4 bedroom brick home with a tidy garden is probably est. 4m above mean sea level but if its floor level isn’t high enough then there is a statistical 1 in 50 chance in any given year that flood water will enter the property and threaten the house. There is also a 1 in 100 chance in any given year that with a floor below or even at 2.84m AHD the river will come knocking at the door and take possession of the house for as many days as it pleases;


  • when it comes to one of those houses with the million dollar plus price tag, well it is an est. 3-4m above mean sea level. However if its floor level falls short of 2.84m AHD then it may be uncomfortable to live in as there is a statistical 1 in 50 chance in any given year that flood water will enter the property but possibly not the house. However, there is also a 1 in 100 chance in any given year that storm water and/or flood water will enter the property and threaten the ground floor areas of this house.


Needless to say all three example residences are highly likely to be inundated during an extreme flood event given that modelled flood water heights would reach above the ceiling of the average single storey house design and above ceiling level on the ground floor of the average two-story design.


I rather suspect that Council is not voluntarily offering up that information to prospective home buyers, unless they happen to ask a precisely framed question in writing over the signature of their solicitor and perhaps not even then – given how many hundreds of land or house & land packages property developers are hoping to sell over the next five to twenty-five years in Yamba and how attractive future increases in rate income are to local government. 


Although quite frankly with Australia’s climate already having warmed on average by 1.44 ± 0.24 °C since national records began in 1910 [Dept. Planning and Environment, AdaptNSW 2022] and the possibility being canvassed that the world and Australia will reach long-term 1.5°C warming as early as the 2030s, Clarence Valley Council has more to worry about than riverine flooding.


In a worst case scenario due to the expected increase in sea-level rise this warming will bring, a significant amount of land within Yamba town precincts will be begin to go under water at high tide in another 8-17 years time.


Climate Central Inc. interactive mapping
Sea-level rise at 1.5°C global warming
Click on image to enlarge


Tuesday 18 October 2022

Yet another petition to the NSW Parliament was debated last week - resulting in yet another petition to parliament being casually dismissed by the Perrottet Coalition Government


Petitions

NATIVE FOREST LOGGING


The DEPUTY SPEAKER: The House will now consider the electronic petition signed by 20,000 or more

persons that is listed on the Business Paper. It is about native forest logging and was lodged by the member for South Coast. Before I call the member for South Coast, I again welcome to the public gallery and the Cooper Gallery those who have joined us for the debate. I am aware that there are strongly held views on the matter we are about to discuss. Parliamentary debate allows that those with opposing views are able to express them freely without interference. I therefore ask that those in the gallery refrain from clapping or distracting debate in any way, including verbally or visually.

The question is that the House take note of the petition.

[NSW Parliament, Legislative Assembly, Hansard, 13 October 2022]


The Echo, 14 October 2022:


Yesterday in Sydney the public gallery in the NSW lower house of parliament was packed with citizens hoping to hear their representatives support the community’s calls for an end to the logging of our public native forests.


The debate was forced by the success of a petition with over 21,000 signatures that calls for a rapid transition out of logging our native forests.


Tens of thousands of people


Greens spokesperson for the environment and agriculture Sue Higginson MLC said that tens of thousands of people from across the state have come together to call for an end to public native forest logging. ‘The time has come and the case has been made that our public forests are worth more to us standing.


The government has made no plans to transition out of this destructive industry and into sustainable plantations in the full knowledge that communities and workers will be left behind by their policies.’


Ms Higginson said that much public native forest estate has been impacted by drought, fires and floods. ‘We need to change our perception of native forests to recognise them as a vitally important line of defence against both the climate and the extinction crisis, but this senseless government is determined to destroy them.


The petition


The parliamentary petition calls on the NSW parliament to:

  • Transition NSW’s native forestry industry towards sustainable plantations by 2024.

  • Immediately place a moratorium on public native forest logging until the regulatory framework is introduced.

  • Urgently protect high-conservation value forests through gazettal in the National Parks estate.

  • And ban biomass fuel, made from native forest timber.


North East Forests campaigner Sean O’Shannessy.
Photo supplied.

The response to the petition from the Minister for Agriculture Dugald Saunders was bitterly disappointing.
Tens of thousands of people are calling for our forests to be protected and the minister has completely dismissed what’s best for communities and the environment,’ said Ms Higginson…..



Clarence MP Chris Gulaptis heckled his Liberal Party colleague Shelly Hancock as she introduced and spoke for the petition on behalf of her constituents.’


Mr O’Shannessy said the is a rapidly dawning realisation among all rational participants in the public discussion of the future management of native forests, that logging is not going have a place there.


Sustainable plantations will supply our timber needs and our forests will be protected in properly managed reserves. We can not afford to keep subsidising the destruction of our carbon sinks, water catchments and koalas homes,’ said Mr O’Shannessy.


The Government’s idea of ‘sustainable’


Ms Higginson said that the Government claims that sustainable native forest management includes cutting down critical habitat for threatened species, including koala habitat, clear felling areas of our forests and cutting down hollow-bearing trees which are essential for the survival of forest-dependent threatened species like gliders, owls and bats.


Bizarrely, the Government claims that cutting down our forests is good for the climate crisis in complete contradiction to scientific consensus. Old trees sequester more carbon than young trees, which on its own should be enough for us to be doing everything we can to protect them.


The end of public native forest logging is inevitable and we are so close to finally seeing the transition out of this industrial scale destruction.


Parliament could do this tomorrow if the government would stop blocking this important reform and develop a plan that delivers economic security for communities and protects our precious forests,’ said Ms Higginson.


For interested North Coast Voices readers the 39 minute ‘take note’ debate of this petition can be found at:

https://api.parliament.nsw.gov.au/api/hansard/search/daily/pdf/HANSARD-1323879322-128218. Commencing at Page 58.


Below are some debate excerpts and it should be noted that all misconceptions, misinformation, unfounded beliefs and downright political lies voiced are actually found in remarks made by the Nationals MLA for Dubbo and Minister for Agriculture & Minister for Western New South Wales Dugald Saunders, as well as in remarks by Nationals MLA for Clarence Chris Gulaptis who retires from parliament at the March 2023 state election. Yellow highlights of some of the largest whoppers are my own.


Mr CHRISTOPHER GULAPTIS (Clarence) (16:12): I speak in response to the petition tabled by the member for South Coast. I acknowledge the petitioners in the gallery for their efforts in obtaining 20,000 signatures, because it is an effort. I know that and I understand why they are present today. But I am really disappointed with the contribution by the member for Ballina, because it is misleading. One of the problems when we talk about native forestry in this country, and in this State in particular, is that a lot of the proposals that have been raised are based on a range of misconceptions, misinformation and unfounded beliefs.


When it comes to which side of the House manages forests better, this side manages forests better. That was shown when Bob Carr declared State forests national parks back in the eighties, because they were managed so well by what is now ForestCorp. They are managed well. It is like your garden: You cannot let your garden be overgrown with weeds; you have to manage it. Unfortunately, that is what the problem is. We let our national parks overgrow and when the bushfires came through, five billion native species were killed in 7.2 million hectares of national park. That is what happens in a national park when they do not have the resources to manage it.


Mr Jamie Parker: You're in government. Why don't you manage it?

The DEPUTY SPEAKER: Order!


Mr CHRISTOPHER GULAPTIS: Because the resources would have to come out of Health or Education.


The DEPUTY SPEAKER: The member for Balmain will come to order.


Mr CHRISTOPHER GULAPTIS: They would come out of Health or Education. The forests are managed in a responsible way, and we see that. Do we want native timbers from Borneo and attack the—


Mr Jamie Parker: We're about plantations.

The DEPUTY SPEAKER: Order! The member for Clarence will direct his comments through the Chair.


Mr CHRISTOPHER GULAPTIS: We have plantation timbers and we also have native forests. The reason the forests were created in the first instance was to provide a resource for the inhabitants to build their houses and to construct this city. Parliament House is constructed from timber from our forests. That was the whole purpose of them, and still is. We want affordable housing, but where is the construction material going to come from? Members opposite talk about affordable housing, but how will it be provided if we do not cut down trees? Forestry Corporation plants four million seedlings every year to replace the trees it cuts. If that is not carbon sequestration, what is? It is a joke when members do not look at the evidence and the facts.


Mr Jamie Parker: We have looked at the evidence, mate, don't worry.


Mr CHRISTOPHER GULAPTIS: Yes, look at the evidence. Five billion native species were killed in a hot fire because those national parks did not have the resources to be managed effectively.


Mr Jamie Parker: Well, give them the resources. You're in the Government.

The DEPUTY SPEAKER: Order!


Mr CHRISTOPHER GULAPTIS: Yes, and we will take them from Education and Health, because that is what you are saying.


The DEPUTY SPEAKER: The member for Clarence will direct his comments through the Chair.


Mr CHRISTOPHER GULAPTIS: Yes, I will. The fact of the matter is that the Government's resources are finite; they are not unlimited. We cannot use a credit card and spend wherever we want to. State forests are managed effectively. They produce revenue that goes back into managing the forests and looking after feral animals and noxious weeds. Where is that revenue going to come from?


Mr Jamie Parker: It makes a loss.


Mr CHRISTOPHER GULAPTIS: Do our national parks make a profit? No, they do not. Of course they do not. Native forestry is heavily regulated to ensure that there is long-term ecological sustainability, and robust science consistently demonstrates that those regulations are effective. The proposal to create public native forests would have substantial negative impacts on the State's economy and finances. We must remember that the forestry sector is worth around $2.8 billion. It directly supports almost 20,000 jobs, 40 per cent of which are in regional New South Wales. I call on the Labor Party and members opposite to stop vilifying the timber industry and support the productive and sustainable approach that the Coalition Government has put in place to manage this incredible resource that has been used as a building material since Jesus was a boy. It is a terrific sustainable product, so why do they vilify it?


Ms JANELLE SAFFIN (Lismore) (16:18): I make a contribution to debate on the petition, which has some 21,000 signatures. I take umbrage at what the member for Clarence said. I am not vilifying the industry, but I want to be part of the debate because I have been involved in it in my area for some 40 years. The issue has been so divisive so many times, so we must resolve it in such a way that we get a sustainable industry. That is the objective that most people are going for. That is the objective of the people who signed this petition. Somehow we have got to get there. I understand that it is important. So many people in the Lismore electorate and beyond are passionate about this issue.


My electorate has huge environmental movements, including the North East Forest Alliance, whose members are here today. The Nature Conservation Council was also here this week. Local constituents have written to me in support of the petition. Local forestry and timber industry workers, as well as the unions, have also spoken to me about the petition. I understand the passion and the emotion in it. As I said, I have lived it for a long time. From what is happening in my area and on the South Coast—based on what I heard from the member for South Coast—and what I have heard in this debate, I can say that we are at the vortex of the issue. At the heart of it is the desire to have our forests protected from fire, flood and pestilence, and to have habitats for animals and rare plants that are free of weeds and predators, or at least minimally affected.


We all want a sustainable logging industry, wherever it takes place. I have recently read that under Premier McGowan—and I would hardly call him a radical Premier of any kind—Western Australia is moving to end native forestry logging. I note that Victoria is doing the same under its more progressive Premier Andrews. Those desires and objectives speak to management, and that has been the problem that I have seen for so many years.

We know that before European colonisation the forests, which were extensive, were managed. Of course, Indigenous nations practised cultural burning, which, thank goodness, so many are embracing now because they see the value in it. One thing that the member for South Coast said that really struck me was that this petition was a message to the Government and all members that we must take heed, and we certainly do.

I draw the attention of the House to the Legislative Council inquiry into the long-term sustainability and future of the timber and forest products industry. I read the report only recently.….

The committee's findings and recommendations are telling about the state of the industry and what is going on under Forestry Corporation. There were 11 findings, and I draw attention to finding 2, 3 and 5. Finding 2 states:

In the last decade, there has been no increase in additional hardwood and softwood timber plantations.

Finding 3 states:

The lack of expansion of timber plantations by the NSW Government has significantly contributed to the current timber crisis which has only been further exacerbated by recent events, including the 2019/20 bushfires.

We heard about those from the member for South Coast. Finding 5 states:

The reduction in harvestable areas of public native forests and failure to expand native hardwood plantations has resulted in the loss of wood supply …..

Recommendation 1 states:

That the NSW Government identify and implement as a priority a long term funded strategy for the expansion of both softwood and hardwood timber plantations in New South Wales.

We can all agree that has to happen. Recommendation 2 states:

That the NSW Government establish further state-owned timber plantations

Recommendation 4 states:

That the NSW Government provide long term support to workers in the timber and forest products industry transitioning away from native forestry to other parts of the sector with access to worker transition services, training and retraining support, relocation support, and counselling.

They are some of the results from the inquiry.


Mr DUGALD SAUNDERS(Dubbo—Minister for Agriculture, and Minister for Western New South Wales) (16:33): I thank the member for South Coast for tabling this petition. I have listened to the debate with great interest. I will clarify a few misconceptions. First, logging does not occur in State forests; selective harvesting occurs in State forests. The Environment Protection Authority is in charge of activating the regulations around that, and it does so regularly. The sawlog part of a tree is not used for biomass production; it is the roots, the bark and the other parts that cannot be used for anything apart from chipping, burning or pulping. It is about turning that waste into energy rather than leaving it to become a bushfire concern. That is the point.


As far as State forests, as the member for Oxley mentioned, only a tiny percentage of State forests are used for timber harvesting. We are talking about 1 per cent of the State forest that is harvested—that is, about 0.1 per cent of the broader forested landscape. It is a tiny amount, it is a managed amount, and it is not done in a way with disregard for the environment. That is the point.


Ever since I have been the Minister in this space, I have said that I hold Forestry Corporation to the highest level of compliance. That is absolutely what we need to do. On this side of the House, we all agree that there is no room for things to be done incorrectly. But to suggest that timber and State forests do not work hand in hand and do not support communities is just incorrect. It is also worth mentioning that the Intergovernmental Panel on Climate Change recognises that managing forests for sustainable timber production is one of the best ways to mitigate climate change. Removing trees, allowing more sunshine through the canopy and growing new trees actually sequesters great amounts of carbon, and we have a fantastic renewable, organic and regenerative resource that we love as humans.


State forests also support things like native-based tourism. State forests are already doing that. We are expanding the mountain biking, the horseriding, the picnicking and the walking trails. They are all managed because we have State forests that are managed to support those activities. I am interested to see what Labor does around forests as a policy matter, because we have complete support from a number of workers up and down the coast and inland who are saying they want support for native forestry. On this side of the House, we absolutely provide that support. It is worth $2.8 billion and thousands of jobs. We have their back, but we also appreciate the petition.


The DEPUTY SPEAKER: I thank the guests in the public gallery, who were visiting today to listen to the debate. I also extend thanks to those members of the public who have been listening online.


Petition noted.


Monday 17 October 2022

Environmental Defenders Office filed a legal challenge to NSW Government's draconian anti-protest laws on behalf of two Knitting Nannas members who live in fire and flood affected parts of the NSW far north coast

 

Post at The Saturday Paper, 13 October 2022:








Knitting Nannas unpick anti-protest laws


Two members of the Knitting Nannas will challenge the NSW government’s anti-protest laws in court, as climate activists explore avenues for action with “less punitive” consequences.


What we know:


  • The Environmental Defenders Office will file the legal challenge on behalf of the two activists, who live in fire and flood-affected parts of the NSW far north coast (The Guardian);

  • The two women have concerns about the controversial laws introduced in March that allow fines of $22,000 and two years in prison to punish non-violent protesters;

  • They will argue that making it illegal to protest on major roads, tunnels and “near” prescribed facilities unlawfully impinges on the freedom to protest;

  • When it comes to protest rights … it can be a death by a thousand cuts. We have to fight to preserve that right, ” said David Morris of the Environmental Defenders Office;

  • The legal challenge comes as the union movement pushes NSW Labor to commit to reversing the laws if elected in March (Sydney Criminal Lawyers);…….


Environmental Defenders Office spokesperson announcing legal challenge on 13.10.22, accompanied by Knitting Nannas Helen Kvelde and Dominique Jacobs. IMAGE: @jatremain





‘For these two women protest became an essential form of political expression to sound the alarm about the impacts of climate change. “Our communities have felt terrified, angry and stressed. Protest can transform those overwhelming feelings into change and action,” Dominique said. “We will ask the Court to find that aspects of these new laws are unconstitutional. Australians like us shouldn’t have to risk imprisonment or bankruptcy to participate in our democracy, and the Government should not be taking away our democratic freedoms.”’ [Environmental Defenders Office, October 2022]



Sunday 16 October 2022

Valley Watch Inc takes Clarence Valley Council to the NSW Civil and Administrative Tribunal seeking an honest answer as to the exact number of Yamba dwellings identified as having floor levels below modelled flood inundation heights

 

Over my lifetime I have lived in eight local government areas.


During my childhood years only one impinged on my consciousness, when community resistance to a proposed council measure saw parents & children armed with buckets of paste, large paintbrushes and posters, out after dark on the back of a truck deployed to festoon telegraph poles & public buildings with sentiments opposing the proposition.


It was also the first time I began to realise that local government was a point at which competing interests vied to be heard and an arena it which every interest hoped to prevail.

 

It was brought home to me when returning from attending a council meeting, a neighbour entered my family home exultantly crying “The mick’s have it! We won!”.


It was during those early years that I also began to learn that both state government and local council decisions about where to create new urban precincts can have unexpected consequences for families purchasing a home. In my case the lesson came with fast moving flash flooding, which sent water rushing under dwellings in a largescale housing project built on sloping former farmland land at the fringes of a city. Carving away clay and soil from foundations and making timber houses quiver like jellies on their newly exposed, vulnerable brick piers.


Over the years since then I have watched local government grow more complex and in many ways more powerful. With its elected arm frequently highly politicised and its administrative arm intent on imposing its own will on council decision making as its default position in relation to planning matters.


I have lived long enough to see more and more cities, suburbs, towns and villages expand their built footprints until they began to fill New South Wales coastal floodplains and, in the last three decades noted that this particular planning strategy has been repeatedly warned against.


I have also watched with both interest and sometimes alarm as vested interests have grown even more powerful when it came to deciding if, where and when areas on those floodplains should be turned into mile after mile of family homes just as vulnerable to the forces of nature as was that family home of my childhood. Still being built as mine was to designs and with materials which were never fully capable of withstanding severe storms, floods, wildfire or earthquake.


Right now the little town of Yamba (at the mouth of one such floodplain) is the focal point of one of those contests between residents seeking to protect the wellbeing and safety of a community and the political interests of three tiers of government aligned as they currently are within this state with the financial and commercial interests of property developers and land speculators both foreign and domestic.


Part of that contest is being played out in the matter of Valley Watch Inc v Clarence Valley Council, Case No. 2022/00290453, before the NSW Civil & Administrative Tribunal (Administrative and Equal Opportunity Division) in Sydney on Monday 17 October 2022 at a Case Conference (GIPA and Privacy) at which the progression of the matter through the Tribunal process will be decided.


Note: Full title of GIPA is the Government Information (Public Access) Act 2009 which in NSW is the vehicle under which a legally enforceable right to access most government information is exercised unless there is an overriding public interest against disclosure.


Clarence Valley Independent, 12 October 2022:















Valley Watch takes council to NSW Civil and Administrative Tribunal


Eight years of frustration by local community group Valley Watch over Clarence Valley Council not releasing important Yamba floor level survey results will now be subjected to a review by the NSW Civil and Administrative Tribunal.


Valley Watch spokes-person Helen Tyas Tunggal said 14 years after Yamba’s existing flooding problem was identified in council’s 2008 flood study, and eight years since professional floor level surveys were done in 2014, affected residents are still unable to access the results.


Enough is enough” Ms Tyas Tunggal said.


14 years is too long.


The council has an obligation to act in the best interests of residents and stop keeping this information secret.”


The 2008 Yamba Floodplain Risk Management Study FRMS identified the issue of a lack of a floor level survey, but Ms Tyas Tunggal said it took another six years to be conducted.


Due to a lack of surveyed floor level data an assessment based on approximations,” the FRMS stated.


The approximations, Ms Tyas Tunggal said were made of the number of existing house floors that would be inundated including a 20-year flood (122 homes); a 100-year flood (1223 homes) and extreme flood (2144 homes).


It took until 2014 for the floor level survey to be conducted,”’ Ms Tyas Tunggal said.


(The residents were notified) as a part of the investigation work for the preparation of the Development Control Plan that will guide residential development in West Yamba, it is a requirement that floor levels of surrounding residential dwellings be ascertained,” affected residents were told by council.


These floor levels are required to determine whether any existing dwellings are at risk from the proposed future filling of appropriately zoned parts of West Yamba to enable future residential development.”


And yet those residents whose floors were surveyed have not been told by the Council what the results are,” Ms Tyas Tunggal said.


Valley Watch has made various attempts to clarify what has happened to the resulting documentation from the 2014 floor level survey.


As a result, the organisation has asked its solicitor to seek a review of Council’s refusal to release the information.


We think it is only fair for residents to be told how at risk of flooding their homes are,” Ms Tyas Tunggal said.


Council has that information and could make the information available if they wish.”


When council replied to Valley Watch’s request for information the written response stated “Premature release of the floor level data might (for instance) result in one or more sales falling through without the statutory immunity of Council being assured.”


We do not accept that by releasing floor level survey data council will lose its statutory Immunity,” Ms Tyas Tunggal said.


The statement however raises concerns that there is significant information contained within the survey results that residents and the public need to know.


We are asking the NSW Civil and Administrative Tribunal to take an independent look.”


A particular quote in the aforementioned article is revealing to say the least: 

“Premature release of the floor level data might (for instance) result in one or more sales falling through without the statutory immunity of Council being assured.”


One has to wonder why Clarence Valley Council would expose itself so blatantly, in asserting words to the effect that it believes it is perfectly proper for council to keep the full range of flood risk information from existing homeowners, as well as to actively involve itself in duping prospective homebuyers and presumably conveyancing agents acting on the buyer's behalf.


Such a coldly cruel expression of caveat emptor by an imperious Clarence Valley Council. 


It was interesting to note that the article set out below also appeared in that same issue of the Clarence Valley Independent. A well-intentioned article which voices the ideal while skirting around much of the problematic reality that is local government in 21 Century Australia.


Clarence Valley Independent, 12 October 2022:


Mayoral column 3 – Community engagement and consultation

October 12, 2022 -


In late 2021, during the Council election campaign, some candidates acknowledged that the Council should do much better in informing the community on matters of importance.


I believe that a local Council that consistently engages effectively with its community is helping to safeguard local democracy while placing people at the centre of local government. Perfunctory, irregular “consultation” should be unacceptable.


Councillors have received complaints of a lack of communication and response times to your communications. We are committed to continuous improvement in this regard. If you have experienced communication issues, I encourage you to contact me or your local councillor.


The level of community engagement undertaken should always be appropriate to the nature, complexity and impact of the issue, plan, project, or strategy. Adequate time and reasonable opportunity should be provided for people to present their views to Council in an appropriate manner and format. The Council should have proper regard to the reasonable expectations of the community, to the costs and benefits of the engagement process, and to intergenerational equity.