Mitigate or Adapt Navigating the Evolving Natural Hazards Regulatory Landscape. RMLA Roadshow 2016 Marje Russ, Tonkin + Taylor Maurice Hoban, GHD

Transcription

1 Mitigate or Adapt Navigating the Evolving Natural Hazards Regulatory Landscape RMLA Roadshow 2016 Marje Russ, Tonkin + Taylor Maurice Hoban, GHD

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3 Photo: Sugar Loaf Wharf, Coromandel. Jan , Stuart Crawley, WRC

4 Photo: Sugar Loaf Wharf, Coromandel. Jan , Stuart Crawley, WRC

5 Tamaki Drive King tide level at the Western edge, 2014 supplied by Waterfront Auckland

6 Photo: Supplied by PCE in 2015 for use

7 Photo: supplied by Christchurch City Council, seeking approval for use

8 Photo: Supplied by PCE in 2015

9 Photo: Supplied by PCE in 2015 for use

10 It is all about Risk and Risk Reduction There are new and strong international drivers on risk reduction Risk reduction is already part of our Civil Defence and Emergency Management framework A risk-based approach is proposed to be explicitly reinforced in the RMA We can already deliver risk-based approach and achieve risk reduction in the RMA and other regulatory frameworks

11 Agenda International Context and Commitments National Agencies and Stakeholders National Legislative Context Risk Concepts What does it Mean for Us?

12 International Context and Commitments

13 International Context: Disaster Risk Reduction (DRR) United Nations Office for Disaster Risk Reduction Implement International Strategy for Disaster Reduction Focal point in UN for disaster reduction Hyogo Framework for Action Sendai Framework for DRR

14 2015 a big year for the UN Sendai Framework Addis Ababa Action Agenda on Financing for Development Sustainable Development Goals COP21 Accord on Climate Change

15 Sendia Framework for DRR Scope and purpose Applies to natural and man-made hazards, small-large scale, frequent/infrequent, sudden/slow onset. Guide multi-hazard management of disaster risk across all sectors Expected outcome Substantial reduction of disaster risk and losses in lives, livelihoods, health, economic, physical, social, cultural and environmental assets Goal Prevent new and reduce existing disaster risk through implementing integrated measures to prevent and reduce hazard exposure and vulnerability and increase preparedness and resilience

16 7 Sendai Targets Reduce mortality Reduce number of affected people Reduce direct economic loss Reduce damage to infrastructure Increase number of countries with DRR strategies Enhance international cooperation to developing countries Increase early warning systems, information and assessments

17 4 Priorities for Action Understanding disaster risk Strengthening disaster risk governance to manage disaster risk Investing in disaster risk reduction for resilience Enhancing disaster preparedness for effective response and Build Back Better

18 National Agencies and Stakeholders

19 New Zealand Context Government Agencies Civil Defence and Emergency Management Earthquake Commission Ministry for the Environment New Zealand Defence Force Ministry of Business, Employment and Innovation Crown Research Institutes Treasury

20 New Zealand Context Other Players Engineers, Scientists & Planners NZ Insurance Council Local Government NZ NGOs Insurers & reinsurers Property Managers & Owners Lifeline Utilities

21 National Legislative Context

22 New Zealand Regulatory Framework Civil Defence and Emergency Management Act Resource Management Act Local Government Act Building Act Local Government Official Information & Meetings Act Earthquake Commission Act

23 Civil Defence and Emergency Management Act

24 Civil Defence and Emergency Management Act - Purpose Improve sustainable management of hazards to contribute to social, economic, cultural and environmental well-being, safety and property protection Enable communities to achieve acceptable levels of risk by identifying and reducing risk Planning and preparation for emergency response and recovery Coordinate local authority and other agencies Integrate local and national CDEM with national plan and strategy

25 Based on the 4 Rs Reduction Readiness Response Recovery Identify and analyse long-term risk to human life and property. Take steps to eliminate risk, if practicable and if not reduce magnitude of impact or likelihood of occurrence Develop operational systems and capabilities, including selfhelp and response for the public and specific programmes for emergency services, lifeline utilities and other agencies Action taken in civil defence emergency to save lives and protect property and help communities to recover Coordinated efforts and processes for immediate, medium and long-term holistic regeneration of a community after a civil defence emergency

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27 CDEM Key Current Change & Initiatives Civil Defence Emergency Management Amendment Bill Mandate for roles and responsibilities for recovery Strengthen emergency planning and transition from response to recovery Create permanent authority for Crown funding of response and recovery New Zealand Resilience Strategy Review of the National CDEM Strategy required to be completed in 2017

28 Resource Management Act

29 Resource Management Act - Purpose (1) The purpose of this Act is to promote the sustainable management of natural and physical resources. (2) In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while (a) sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and (b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and (c) avoiding, remedying, or mitigating any adverse effects of activities on the environment.

30 Definition of Natural Hazards Any atmospheric, earth or water related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire or flooding) the action of which adversely affects or may adversely affect human life, property, or other aspects of the environment.

31 Meaning of Effect Unless the context otherwise requires, the term effect includes (a) any positive or adverse effect and (b) any temporary or permanent effect and (c) any past, present or future effect and (d) any cumulative effect which arises over time or in combination with other effects - regardless of the scale, intensity, duration or frequency of the effect and also includes (e) and potential effect of high probability and (f) any potential effect of low probability which has a high potential impact

32 Function for Regional & District Councils Regional Councils District Councils The control of the use of land for the purpose of the avoidance or mitigation of natural hazards The control of any actual or potential effects of the use, development, or protection of land, including for the purpose of.the avoidance or mitigation of natural hazards Lead Regional Councils allocate responsibilities through their Regional Policy Statements Potential for regional and district rules

33 Assessments of Effects on the Environment Schedule 4 Section 7 An assessment of the activity s effects on the environment must address the following matters.any risk to the neighbourhood, with wider community, or the environment through natural hazards

34 Special Role for Subdivision Controls Section 106 Consent authority s able to refuse or impose conditions on subdivision consents to avoid, remedy or mitigate some specific types of effects related to natural hazards Over-rides S 87A obligation to grant consent for controlled activities Called up in S 132 for reviews on consent conditions

35 Special Role for Subdivision Controls Practical tools Esplanade strips or reserves to mitigate natural hazards (S229) Conditions on bulk, location, foundations, floor level heights (S220) Provisions to protect land from subsidence, slippage, erosion or inundation (S220) Requirements for filling, compaction and earthworks (S220)

36 Proposed RMA Changes Section 6 Add the management of significant risks from natural hazards to Matters on National Importance Section 106 Extend ability to act under Section 106 to where the there is a significant risk from natural hazards Reference definition of natural hazards Assessment of risk to be a combined assessment of likelihood and consequences in terms of material damage to land or structures, and considering likely subsequent use of the land Section 220 Enable conditions on subdivision consents to imposed to protect land from all hazards within the scope of the definition of natural hazards

37 RMA Other Initiatives Risk-based Framework Project to develop a risk-based framework to address natural hazards under RMA Input to recommendations to Minister on a National Policy Statement Links to (or needs in) other parts of the regulatory and guidance framework National Guidance Updating guidance on climate change and natural hazards Developing guidance on managing liquefaction (jointly with MBIE) To update guidance on flood management

38 Local Government Act

39 Local Government Act - Infrastructure Purpose Provide good quality infrastructure which includes appropriate to present and anticipated future circumstances Core Services Principles Infrastructure Strategy Include the avoidance or mitigation of natural hazards Prudent stewardship, including by planning effectively for future management of assets Sustainable development approach 30 year timeframe Provide for the resilience of infrastructure assets by identifying and managing risks related to natural hazards

40 Local Government Act Long- Term Plan Purpose Describe community outcomes Integrated decision making and coordinating resources Long term focus for decisions and activities Content Outcomes cover stormwater drainage and flood protection and control works activities Include infrastructure strategy Timeframe At least 10 years

41 Building Act Project Information Memoranda Must include information any special features of the land likely to be relevant to proposed building work Section 71 Must refuse building consent where land is subject to natural hazards and building work could worsen the situation unless adequate protection/restoration provided Specific natural hazards listed Sections 72 & 73 Required to grant consent if building work won t worsen situation Must notify Land Registrar/Surveyor General, identifying natural hazard and attach PIM Section 74 Entry on Certificate of Title

42 Building Code Gives effect to Building Act provides specified levels of performance for buildings Sets 50 year flood level consideration and minimum floor height Building structural performance under seismic shaking refers to NZS NZS sets Serviceability Limit State (SLS) at 25 return period event and Ultimate Limit State (ULS) at 500 years for buildings

43 Local Government Official Information & Meetings Act Land Information Memoranda Information on special features of characteristics of land Includes but is not limited to specific list of natural hazard effects Must be included if known to territorial authority and not apparent in the District Plan Includes any notices about the land May include other relevant information

44 Earthquake Commission Act Provides for continuance of the Earthquake Commission (previously Earthquake and War Damages Commission Provides scheme to insure residential property against natural disaster Currently under review

45 Risk Concepts

46 Risk Management is Evolving Being applied to more issues Being used to address multiple issues holistically Dealing with complexity and uncertainty Means to build resilience and sustainability

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48 ISO 31000:2009 Risk Management Principles and guidelines Current international best practice Strong focus on organisation context and objectives Widespread use, including driving revised ISO standards for quality, environmental and H&S management systems

49 ISO Risk Definition Effect of uncertainty on objectives NOTES an effect is a deviation from the expected (positive and/or negative) risk is often characterised by reference to potential events and consequences, or a combination of these risk is often expressed in terms of a combination of the consequences of an event (including changes in circumstances) and the associated likelihood of occurrence

50 Uncertainty The state, even partial, of deficiency of information related to, understanding or knowledge of an event, its consequences or likelihood (ISO 31000:2009)

51 Good Fit with RMA and Natural Hazards Effect Key RMA concept Uncertainty Hazard events Effects of events Focus attention on quality of information for decisions Objectives RMA purpose Objectives & Policies in Policy Statements and Plans

52 ISO Framing Allows Flexibility in Approaches Qualitative Narrative, descriptive, evaluative Risk Triangle Semi-Quantitative - Quantitative Frequency/likelihood x Consequences Hazard + Exposure + Vulnerability Hazard + Exposure + Vulnerability + Capability

53 Risk Management is a Process Establish the Context Monitor and Review Assess Risks identify analyse evaluate Communication and Consultation Treat Risk

54 Key Process Issues for Natural Hazards Context is King Understanding natural processes at appropriate scale Understanding relevant social, cultural and economic context Identifying Risks All hazards, high and low frequency Assessment and Evaluation Nature of approach will vary by hazard type and information quality and decisions to be made

55 Key Process Issues for Natural Hazards Treatment 4Rs Reduce, Readiness, Response, Recovery Monitoring and Review Linked to RMA plan making and monitoring Communication and Consultation Community and stakeholder engagement

56 What does it mean for us?

57 Resource Management Act Understand and use tools we already have Look for and be prepared for new focus on risk, national direction or guidance and flow-through to regional and district policies & plans Civil Defence and Emergency Management Act Note strong drivers on risk reduction from Sendai Look out for or get involved in the Resilience Strategy Understand links between RMA and CDEM frameworks Other Regulatory Tools and Provisions Understand them and join up the dots

58 Take Home Messages There are new and strong international drivers on risk reduction Risk reduction is already part of our Civil Defence and Emergency Management framework A risk-based approach is proposed to be explicitly reinforced in the RMA We can already deliver risk-based approach and achieve risk reduction in the RMA and other regulatory frameworks

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