Engagement

A. The Department is in the final stages of getting ready to commence public consultation process on the Namoi. Modelling reports have been released with the draft rules on 1 December 2022.

The webinar for Namoi was held on 6 December 2022 and public engagement at Wee Waa on 13 December 2022. At these engagement sessions we talked about the draft rules. It was also an opportunity to talk through the revised modelling assessments.

A. The Department has almost completed the preliminary assessment phase of this program for the Border Rivers catchment – which is being treated as a pilot.

It is expected that broad community consultation will start in the middle of next year and from that stage we expect those works that have been identified in the removal pathway, to start to see some action.

Compliance actions will be at the discretion of the NRAR Board as the independent regulator.

A. They are based on calendar year quarters. Quarter one being January to March; Quarter two being April to June; Quarter three being July to September, Quarter four being October to December.

A. Water supply works used for floodplain harvesting that impact on flood flow distribution, will require both a water supply work and a flood work approval.

A water supply work will not be issued for any structure that requires a flood work approval and does not have one. Priority unapproved flood works are being targeted under the Improving Floodplain Connections (IFC) program.

A. We are preparing regional scale modelling impact assessments to take to broad public consultation so all stakeholders and affected landholders can see both the impacts and benefits associated with the modification/removal of priority unapproved flood works.

A key component of these impact assessments will be looking at the change to flood flow distribution on neighbouring properties. Communication with affected landholders will continue throughout the removal and modification pathways.

A. It is possible that outcomes of the Improving Floodplain Connections program may trigger a review of the zones in floodplain management plans.

Whether this is picked up through the 10-year review cycle or whether the likely changes are substantial enough to warrant an amendment process is unclear at this stage.

A. The proposed works need to demonstrate enhancement to an identified ecological, cultural, or heritage asset on the floodplain. The application and assessment process is similar to that for all other flood works.

They are paid for by the applicant and assessed by Water NSW. Referral/input from NSW Department of Planning and Environment - Environment and Heritage will be sought by Water NSW as part of the assessment process for these works.

A. Yes, the landholder is required to complete works at their own cost. This process is designed to provide some assistance to landholders with the objective of bringing works into compliance as quickly as possible.

For those works that are identified in the modification pathway, the Department will help and work alongside the landholder to complete the assessments required to get those modifications through the approval process, but the actual on ground physical construction costs will belong to the landholder.

A. The Department can confirm that Mirool Creek is not on the priority list for floodplain management plans in the South. It is important to stress however that irrespective of there being a floodplain management plan in place, you do need approval for works that impact the flow of water to or from a river or creek even if you're not on a floodplain. There are background default controls under the Water Management Act 2000 to regulate those activities.

If you are aware of levy banks that are impacting the movement of flood water and do not have an approval, it is recommended that you contact the Natural Resources Access Regulator (NRAR) on 1800 633 362.

The Department acknowledges that a floodplain management plan for Mirool Creek would be preferable. However, in the short term it is not considered a high priority. It is anticipated that within the next 5 years, it will be able to identify further areas where floodplain management plans can be developed.

A. Floodplains are declared under the Water Management Act 2000. When a floodplain management plan is developed, there is a process followed that looks at the boundaries of the floodplain and makes sure that they reflect the extent of flooding with the available information on hand. This process is generally done at the start of developing a plan and would be revisited through the normal review process, or if a request was made. There's quite a bit of information, technical manuals, and other things on the department website which describe the process of defining the boundary for the floodplain for the purposes of developing floodplain management plans.

Floodplain management plans are reviewed approximately halfway through their 10-year term. As part of the review, the accuracy of the information contained in the plan, such as the identified wetlands and other flood dependent ecological assets are assessed.