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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2022-11-29 Daily Xml
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River Murray Flood

Ms HUTCHESSON (Waite) (14:30): My question is to the Minister for Planning. Can the minister advise the house on the recent regulation amendments to assist Riverland councils with the construction of emergency flood levees along the River Murray?

The Hon. N.D. CHAMPION (Taylor—Minister for Trade and Investment, Minister for Housing and Urban Development, Minister for Planning) (14:30): I thank the member for Waite for her question. I can inform the house that businesses and homes along the River Murray will be better protected following the government's recent undertaking of urgent regulatory reform allowing councils to construct flood levees without the need for planning approvals. This regulation change demonstrates the adaptability and responsiveness of our planning system and the commitment of the government to meet the challenges that are presented by the difficult flood situation.

On 14 November, Clinton Jury, the CEO of the LGA, wrote to me requesting an amendment to the Planning, Development and Infrastructure (General) Regulations 2017 in response to the ongoing River Murray flooding crisis. The request followed roundtable discussions that were held with affected Riverland councils on 10 November, where the proposal to reform the planning regime was developed in response to the need of Riverland councils to undertake urgent works to minimise the impact of the rising floodwaters.

Mr Jury noted that the proposed changes would provide regulatory certainty required for councils to undertake this work. On 15 November, the government approved the amendment to item 2 of schedule 4 of the regulations excluding the undertaking of any development including the forming of a levee or mound which is required for an emergency situation from constituting development under the act. The effect of this amendment provides councils with an exemption from requiring development approval when conducting emergency levee construction activity. The planning regulation changes were approved in Executive Council on 17 November.

Effectively, these changes bring councils into line with state agencies, who are able to construct levees in an emergency under a similar pre-existing exemption. Riverland councils preparing for flooding on the banks of the River Murray can be assured that they no longer require development approval to construct these temporary levee banks. It means that those councils facing a rapidly evolving situation can confidently initiate and undertake construction that protects property and infrastructure during this emergency. Where a council determine that a temporary levee bank or mound should remain permanently, they will need to apply for development approval in the future.

While this regulatory change does not extend to private landholders, the government understands that many Riverland residents may be required to undertake emergency measures to protect people and buildings, including the construction of private flood levees. Under existing regulations, where that action is required private landowners will be able to do this provided they notify their local council, and they will be required to apply for development approval within 28 days. Importantly, sandbagging of any individual property does not require development approval.

Like everybody in the government, I continue to be heartened by the resilience of Riverland communities. I commend their tireless work. We in the planning department are only too happy to provide this small amount of regulatory certainty. Obviously, I would like to thank Mr Clinton Jury, Mr Stephen Smith and the broader LGA team for their role in this regulatory reform and acknowledge that local government plays a critical role at this time in the Riverland.

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