Author(s)

F. Rochford

Abstract

Australian floodplains are environmentally significant, carrying high biodiversity loads. International conventions, state and federal laws protect them to an extent. However, since Australian flood events, when they occur, can affect massive areas of farmland, and cause significant damage to urban private property and state infrastructure, floodplain management is a balance of competing interests. The management of flooding events and conservation of water has resulted in a legacy of structures that capture, divert or restrain floodwaters, resulting in a range of environmentally damaging effects.

This paper considers the impact of infrastructure on recent flooding in northern Victoria, considering the degree to which flooding followed the natural flow of water, and what constrained its flow. It considers particularly the impact of regulations and planning decisions on floodplain management. It also considers the impact of the implementation of environmental watering requirements under the Water Act 2007 (Cth) and the potential impact of environmental watering on state liability for flood damage of private infrastructure.

Keywords

environment, law, planning, infrastructure