Local Government (Stormwater Management Agreement) Amendment Bill

Introduction and First Reading

Received from the Legislative Council and read a first time.

Second Reading

The Hon. S.E. CLOSE (Port Adelaide—Minister for Education and Child Development, Minister for Higher Education and Skills) (17:48): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Local Government (Stormwater Management Agreement) Amendment Bill 2015 will enhance the governance arrangements for cooperative stormwater management in South Australia. With this Bill, the State Government upholds its commitment to introduce legislation to give effect to the Stormwater Management Agreement, as executed by the State and the Local Government Association of South Australia in late 2013.

Members may recall that the Government and the Local Government Association originally entered into a Memorandum of Agreement on stormwater management on 14 March 2006. That was a significant milestone, with the Agreement clearly setting out for the first time responsibilities for stormwater management.

Historically, stormwater has been viewed more often than not as a nuisance issue. In recent years, stormwater has come to be seen also as a potential resource for harvesting and reuse. A contemporary and integrated approach is warranted if we are both to manage the risks and to harness the benefits of stormwater.

As I said, that original Agreement addressed responsibilities for stormwater management and provided the basis for joint and collaborative action by both levels of government to deal with the threat of flooding and to better manage the use of stormwater as a resource. Fundamentally, the Agreement provided a basis for whole-of-catchment approach to planning for stormwater.

As part of the Agreement, the State Government committed to a long-term funding arrangement for stormwater management and flood mitigation works, providing $4 million per annum, indexed, over 30 years. The Agreement was given a statutory footing via amendment of the Local Government Act 1999 in 2007.

Amongst other things, the insertion of Schedule 1A to the Local Government Act 1999 established the Stormwater Management Authority as a statutory corporation and established the Stormwater Management Fund. Consistent with the Agreement, the Authority was tasked with being the facilitator and coordinator of stormwater management planning, including through the administration of the Stormwater Management Fund.

Under the auspices of the Agreement, a total of $34.5 million has been approved between September 2006 and 30 June 2015, supporting 105 projects worth $81 million. These projects comprise both floodplain mapping and planning projects, and infrastructure works, across the metropolitan area and in regional South Australia, undertaken in partnership with local councils. To date, 59 projects have been completed.

The Local Government Association and councils are to be commended for these outcomes.

The Government has continued to work closely with the Local Government Association to develop long-term solutions for better managing stormwater. In 2011, the Government released the Stormwater Strategy – The Future of Stormwater Management.

One of the key recommendations arising from the Stormwater Strategy was to establish a new operational model for the Authority by giving it on a more strategic outlook. In that sense, the Strategy was a catalyst for the State and Local Government Association to enter into a new Stormwater Management Agreement in 2013.

The new Agreement provides for the Authority's functions to include supporting the development of an urban water plan for Greater Adelaide and leading the implementation of the stormwater elements of that plan. The urban water plan will establish a framework and agreed priorities for how stormwater resources are developed and managed with other water resources available to Adelaide, and work is already underway to develop this plan.

The Agreement requires the Authority to develop a ten-year strategic plan setting out the strategic approach to be taken by the Authority in relation to implementation of the urban water plan for Greater Adelaide (as it relates to stormwater), and in relation to stormwater management in regional South Australia. The Authority recently prepared its first strategic plan, and is due to be published shortly.

The Authority will also now prepare three-year business plans to clearly articulate how the Authority will conduct its operations and prioritises catchments where stormwater management plans and works are to be focused.

In renewing the Agreement, the State and Local Government also agreed a number of refinements to the governance and operations of the Authority, including as to the composition and procedures of the Authority. The renewed Agreement rightly places the emphasis on members' skills as a primary consideration, while retaining an equal number of local government-nominated and State-nominated members.

In other respects, the fundamentals of the Agreement are unchanged: the Authority will continue as a statutory corporation to work closely with councils to progress stormwater management plans and implement stormwater infrastructure works with the support of the Stormwater Management Fund.

The renewed agreement foreshadows the need for legislation to give statutory effect to certain aspects of the agreement. This has culminated in the Bill that is being introduced into this House today.

The Bill is necessary to recognise the revised Agreement itself, and to give effect to changes contained therein. There has been an extensive consultation process with the Local Government Association to develop the revised Agreement in the first place and now on the specific measures set out in the Bill, which the LGA supports.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Local Government Act 1999

4—Substitution of Schedule 1A

Schedule 1A—Implementation of Stormwater Management Agreement

This clause substitutes a new Schedule 1A into the Local Government Act 1999 dealing with implementation of the Stormwater Management Agreement entered into by the State of South Australia and the LGA on 30 August 2013.

The Schedule contains the following provisions:

an interpretation provision containing definitions for the purposes of the Schedule;

a provision approving the 2013 Stormwater Management Agreement;

a provision setting out the objects of the Schedule;

a provision specifying that the Schedule is in addition to and does not limit or derogate from the provisions of any other Act;

provisions continuing the Stormwater Management Authority (the Authority) and setting out its functions, namely:

to liaise with relevant public authorities to ensure the proper functioning of the State's stormwater management system;

to contribute to the urban water plan for Greater Adelaide and lead the implementation of elements of that plan relating to stormwater;

to facilitate and co-ordinate stormwater management planning by councils;

to formulate policies and provide information to councils in relation to stormwater management planning;

to facilitate programs by councils promoting the use of stormwater to further environmental objectives and address issues of sustainability including the use of stormwater for human consumption, for the maintenance of biodiversity and other appropriate purposes;

to ensure that relevant public authorities co-operate in an appropriate fashion in relation to stormwater management planning and the construction and maintenance of stormwater management works;

to provide advice to the Minister in relation to the State's stormwater management system;

to carry out other functions conferred on the Authority under the Schedule or by the Minister with the agreement of the LGA;

provisions with respect to the Board of the Authority (which is to consist of a presiding member and not less than 6 other members, of whom half are to be appointed on the nomination of the LGA and half are to be appointed on the nomination of the Minister);

a provision dealing with documents to be prepared and maintained by the Authority, including a strategic plan, a business plan, a code of ethics for board members and a guide for persons wishing to apply for money from the Fund;

a provision allowing for establishment of a Stormwater Advisory Committee;

provisions with respect to the preparation of stormwater management plans by councils and for approval by the Authority of stormwater management plans prepared by councils and provisions giving the Authority power to require the preparation of a stormwater management plan;

provision for the Authority to make an order requiring action by a council where a council has failed to comply with a requirement to prepare a stormwater management plan or has failed to comply with an approved stormwater management plan or where the Authority is satisfied that action by a council is necessary to provide for the management of stormwater or to preserve and maintain the proper functioning of any stormwater infrastructure that the council has the care, control and management of. If a council fails to comply with an order the Authority may take the necessary action and may apply monies from the Fund to cover the costs and expenses of taking the action or recover the costs and expenses (or a portion of them) from the council as a debt;

provisions with respect to the Stormwater Management Fund, including the circumstances in which payments can be made out of the Fund and requirements relating to accounts and audit;

miscellaneous provisions dealing with the exercise of powers in relation to land, notice to occupiers, a power of the Minister to vest land or infrastructure, liability, assessment of costs and expenses, evidentiary matters, annual reports and regulations.

Debate adjourned on motion of Mr Pederick.