Response to submissions on the Draft Sea Level Rise Policy Statement

Introduction

In February 2009, the NSW Government released the Draft NSW sea level rise policy statement (the draft policy statement) for consultation. The key objective of the consultation process was to obtain feedback from coastal councils, the development industry and other key stakeholders on the draft policy statement, including the benchmark figures specifically, and on guidance needed to implement the benchmark in the planning system in a manner that minimises the social and economic impacts. This page provides an overview of the issues raised during this consultation period and identifies how the Government has or intends to respond to them.

General overview of submissions

The Office of Environment and Heritage received 108 submissions from individuals, professionals, local councils and state government, community and environmental groups and peak industry bodies.

Summary of issues raised during consultation

There were key issues raised in relation to the sea level rise benchmarks.

• The sea level rise benchmarks established by the policy statement were too high or too low.
• The policy statement should acknowledge that sea level rise greater than the IPCC predictions is possible.
• Sea level rise beyond 2100 should be considered.
• When and how will the sea level rise benchmarks be reviewed?
• There should be a consistent national approach to establishing sea level rise benchmarks.
• How do NSW sea level rise benchmarks compare to benchmarks used in other states?
• How do the sea level rise benchmarks relate to the Australian Height Datum?
• How do observations of sea level rise in NSW compare to the projections?

Key issues that required clarification were:

• how the policy statement relates to Commonwealth and broader NSW climate change initiatives
• how the policy statement relates to the existing policy and legislative framework in NSW
• the objectives and scope of the policy statement
• the roles and responsibilities of the various levels of Government
• where, and to what, the benchmarks apply
• whether the policy statement recognises climate change impacts on other aspects of coastal hazards
• whether the policy statement acknowledges the broader impacts of sea level rise
• the implications of the benchmarks and their future review on existing hazards assessments and plans
• how the Government will apply the benchmarks to development proposals under the Environmental Planning and Assessment Act 1979
• what guidance will be prepared by the Department of Planning.

Guidance that was considered necessary to effectively implement the benchmarks included:

• a clear set of principles to inform the management of risks associated with sea level rise
• a clear process and mechanism for considering sea level benchmarks in rezoning lands affected by sea level and coastal hazards
• performance criteria for proponents when proposing development in coastal hazard areas
• the role of and use of adaptable buildings
• deciding if, and when, coastal protection works are appropriate.

Support that was considered necessary to effectively implement the benchmarks included:

• the sea level rise benchmarks as a mandatory or statutory consideration – this was considered important by all stakeholders
• a clearer, more integrated and well-defined legislative and planning framework for coastal management
• easily accessible information on the risks associated with sea level rise
• indemnity for management decisions relating to sea level rise
• additional technical and funding support.

Additional issues identified during consultation included:

• impacts of sea level rise on the boundaries of title deeds in coastal areas
• the ability of private land owners to undertake coastal protection works
• assisting the insurance industry in pricing sea level rise risks.

Summary of changes to the Policy Statement and Technical Note

The Policy Statement has been updated to:

• clarify the objectives and scope of the policy
• clarify where and to what the benchmarks can be applied
• acknowledge that sea level rise greater than the IPCC predictions is possible
• recognise the broader impacts of sea level rise
• identify when and how the sea level rise benchmarks are to be reviewed.

The Technical Note has been updated to:

• clarify the basis for adopting the upper limits of the IPCC projections.

Guidance and support necessary to effectively implement the Policy Statement

The NSW Government will be preparing three separate guidelines. One to address the consideration of the benchmarks within the planning system, another to provide technical guidance on incorporating sea level rise into coastal hazard assessment, and a third to provide technical guidance on incorporating sea level rise considerations into coastal flood risk assessment.

In preparing the guidelines for implementing the benchmarks within the planning system, the Government will consider the following issues:

• establishing a clear set of principles to inform the management of risks associated with sea level rise
• outlining how the policy statement relates to the existing policy and legislative framework in NSW
• considering sea level rise beyond 2100
• providing a clear process for considering sea level benchmarks in strategic and land use planning, including zoning lands affected by sea level and coastal hazards
• identifying the respective roles and responsibilities of the local councils, the State Government and proponents
• improving the accessibility of information on the risks associated with sea level rise
• assessing proposals for their ability to accommodate sea level rise whilst not effecting coastal processes, coastal access, coastal values and emergency management processes and procedures
• the use of adaptable buildings and other adaptation measures.

In preparing the technical guidelines for coastal hazard assessment, the Government will consider the following issues:

• clearly identifying how the benchmarks are to be used in coastal and flood hazard assessment
• developing minimum standards for coastal hazard assessment
• providing guidance on how to assess the effectiveness of hazard protection measures proposed by land owners
• implications of the benchmarks and their future review on existing hazards assessments and plans
• considering sea level rise beyond 2100
• considering the impacts of climate change on other aspects of coastal hazards
• improving the accessibility of information on the risks associated with sea level rise
• identifying how the Government will assist councils in delivering improved hazard assessments
• relating the sea level rise benchmarks to the Australian Height Datum.

In order to further support the implementation of the Policy Statement, the Government will consider:

• establishing priorities for funding support
• making the sea level rise benchmarks a mandatory or statutory consideration
• augmenting high resolution digital elevation model coverage along the NSW coast
• undertaking a broad scale sea level rise risk assessment
• establishing a list of priority areas for action
• establishing an accessible register of Coastal Zone Management Plans
• enhanced indemnity provisions for management decisions relating to sea level rise.

Draft guidelines on incorporating sea level rise into coastal hazard and flood risk assessment and land use planning and development decisions are available for comment until 11 December 2009.

• Draft Flood Risk Management Guide (09711draftfloodrisk.pdf, 182KB)
• Draft Coastal Risk Management Guide (09710draftcoastrisk.pdf, 190KB)

Response to questions and issues not addressed in the Policy Statement, Technical Note or Guidelines

The sea level rise benchmarks established by the policy statement were too high or too low

The NSW sea level benchmarks included both the upper estimates of the Intergovernmental Panel on Climate Change (IPCC) projections for sea level rise and the regional variations from the CSIRO, is based on sound science and recent observations of both global atmospheric greenhouse gas concentrations and rises in global sea levels. Research presented at this year’s International Scientific Conference on Climate Change further supports adopting the upper estimates of the IPCC.

How do the NSW sea level rise benchmarks compare to benchmarks used in other states?

Four other states in Australia have established sea level rise benchmarks; Victoria recently established a benchmark of 80cm by 2100, Queensland are proposing to consider a sea level rise of 30cm by 2050 and 80cm by 2100, South Australia has benchmarks of 30cm by 2050 and 100cm by 2100, and Western Australia advises of a 38cm rise in sea levels by 2100. With the exception of Victoria, each of the states is reviewing their respective benchmarks. Even so, the levels of the NSW benchmarks are similar to those of the other states, with the exception of Western Australia. The difference between the NSW benchmarks and those of the other states result from the inclusion of regional variation that is attributable to the effect of the East Australian Current in NSW.

Is there a consistent national approach to establishing sea level rise benchmarks?

There is currently no national approach to establishing sea level rise benchmarks. The NSW Government acknowledges the potential benefits of a consistent approach across jurisdictions but also recognises that sea level rise will vary regionally and any national approach would need to accommodate this.

How does the policy statement relate to Commonwealth climate change initiatives?

The national climate change adaptation framework 2007, endorsed by the Council of Australian Governments, outlines key areas for adaptation action and specifically identifies the coast as a sector vulnerable to climate change. Details of Commonwealth initiatives can be found at the Commonwealth Department of Climate Change and Energy Efficiency webpage. http://www.climatechange.gov.au/impacts/coasts.html

How will the Government apply the benchmarks to development under the Environmental Planning and Assessment Act 1979?

There are several planning policies currently in place that require the consideration of climate change. The NSW Coastal Policy, SEPP 71 Coastal Protection, the Standard Instrument - Local Environmental Plan, coastal Regional Strategies and section 117 notices 2.2 - Coastal Protection and 4.3 - Flood Prone Land all require consideration of sea level rise. The inclusion of the benchmarks in the planning guidelines will now, therefore, ensure consistent consideration of sea level rise in land use planning and development assessment in coastal NSW. 
 
Specifically in relation to Part 3A assessments, the legislation specifies a process-based approach, rather than a checklist of issues that must be considered. This approach includes specification of Director General requirements that clearly articulate all issues of relevance to a proposal that need to be assessed. Environmental, social and economic considerations are factored into this assessment, to the extent of their relevance to the proposal and site in question. Where relevant to a site, the sea level benchmarks would be considered.

Do private landowners have the ability to undertake coastal protection works?

The policy statement is quite clear that landowners affected by current and future coastal hazards may seek approval from their local council to construct works on their land to protect their property. These works may be approved under the Environmental Planning and Assessment Act 1979 where they do not cause adverse impacts on coastal processes beyond the property boundary or on public amenity or the environment.

How will the Government assist the insurance industry?

In order to assist both the community at large and the insurance industry in assessing the risks of sea level rise, the Government will be working with local councils to make information on the areas likely to be affected by sea level rise publicly available.