02 August 2012

Queensland Flood Inquiry is a legal washout

QUEENSLAND councils can legally ignore flood inquiry recommendations, leaving a question mark over the effectiveness of the $15 million probe designed to help disaster-proof the state.

A Local Government Association of Queensland conference in Ipswich was told the Newman Government might not even use the recommendations as a springboard for new laws.

"The new State Government's philosophical position is to deregulate rather than regulate," LGAQ senior executive Greg Hoffman said.

Mr Hoffman said if policies stemming from the recommendations became enshrined in law, councils would have to assess their legal positions.

"But I don't think we need to get the cold shakes yet," he said.

The $15 million inquiry's 177 recommendations, more than 50 of which relate directly to councils, were specifically designed to ensure Queensland was better equipped to handle a repeat of the 2010-11 disaster.

Mr Newman has already pledged his Government would "fully implement everything which it is responsible for and work in cooperation with local councils to deliver improved flood outcomes across the state".

The conference was also told the state should never again become complacent about the dangers of floods and cyclones.

Association president Paul Bell said the state had never experienced disasters of the extent and cost of the floods that struck in the early days of 2011.

Mr Bell said if there were a repeat of such disasters the public would be asking questions about whether lessons had been learnt from 2011.

Lawyer Terry Law, who represented the LGAQ during the flood inquiry, said that the recommendations were still "soft recommendations" that did not carry any real danger of litigation.

The recommendations were designed so councils could work with state agencies to formulate regulations which were effective.

Only when the state began "enshrining them in statute" would councils be forced to assess their legal obligations, he said.

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2.8.12