14/02/2020

(AU) Bushfires Royal Commission Needs To Examine How To Cut Carbon Emissions, The ACT Government Says

A political stoush seems to be brewing over the terms of reference of the bushfires inquiry. (AAP: Lukas Coch)

Key points
  • The ACT Government says the terms of reference of the proposed bushfires inquiry play down the role of climate change
  • ACT Chief Minister Andrew Barr also says that, if the royal commission goes ahead, it will need more time than proposed
  • He says states, territories and the Commonwealth need to share resources more effectively during disasters
Climate change must play a far more significant role in the proposed bushfire royal commission, which is in danger of being rushed, the ACT Government says.
January's Orroral Valley bushfire burned 35 per cent of the ACT's land mass, and across Australia, more than 10 million hectares have been burned since the fires began.
But ACT Chief Minister Andrew Barr hinted the bushfires commission was unnecessary, and said it would be "most efficient" to read the work of past inquiries.
Prime Minister Scott Morrison said last week he wanted the inquiry to report by August on a range of issues, such as hazard-reduction burns and whether the Commonwealth should be able to declare a state of emergency.
His draft terms of reference say the changing climate "carries risks for the Australian environment".
The terms — which were sent to all states and territories for feedback — also say climate change is affecting Australia's ability to prevent, mitigate and respond to natural disasters.
The Orroral Valley bushfire, which is still burning, has burnt about 80 per cent of Namadgi National Park. (ABC: Greg Nelson)
But the ACT Government said the draft terms play down the role of climate change, and it fears the inquiry will not comprehensively address the issue.
In a letter to Mr Morrison, Mr Barr said the inquiry should consider climate change more broadly.
In particular, it should examine how to reduce carbon emissions.
"As it currently stands, the draft letters patent ignores the important role Australia must play in reducing global emissions to minimise the extent of climate change and its potential impacts on the Australian community," Mr Barr's letter read.
"Omitting climate change mitigation from the scope of the royal commission overlooks one of the key national drivers in determining the frequency and severity of future national disasters."
The Federal Government has been grappling with how to respond to public pressure over climate change, which has led moderate Liberals to clash publicly with their Nationals colleagues.
Protestors gathered again on the lawns of Parliament House yesterday, some bringing debris from homes lost to bushfires on the NSW South Coast.
The climate debate has split the public but also the governing Coalition. (ABC News: Andrew Kennedy)



'Unclear' guidelines around disaster aid
The ACT Government also wants to examine the coordination between Commonwealth, state and territory governments during emergencies, and how they share resources.
It has already raised concerns about access to firefighting planes.
In his letter, Mr Barr argued it was unclear how and when states and territories could seek help from the Federal Government during disasters.
"The ACT considers that the current mechanisms and criteria to request national involvement in emergencies is unclear and should be reviewed, given that the frequency of future national disasters is likely to be higher," he said.
Mr Barr noted the importance of learning from the latest bushfires, but appeared to question the need for a royal commission at all, given the work done in the past.
"The ACT considers the most efficient way to coordinate national action on this issue is to draw on the large body of analysis and recommendations made by previous commissions and inquiries."
He also argued that, if the inquiry was to go ahead, the August deadline was too tight — Mr Barr suggested "late 2020" instead.



Text of Letter
ACT Chief Minister Andrew Barr to Prime Minister Scott Morrison

I write in response to your recent correspondence between December 2019 and February 2020 relating to the proposed Bushfire Royal Commission, the national bushfire emergency, and out-of-session agreement to Council of Australian Governments (COAG) matters.

Firstly, I wish to acknowledge the important role the Australian Defence Force has played in prevention and recovery efforts during this disaster. I commend the quick action undertaken by the Commonwealth in relation to the northern road access to the ACT Emergency Control Centre at the Fairbairn base.

Activation of National Disaster Recovery Funding Arrangements
I wrote to you on the 29th of January seeking confirmation that the ACT would have access to Disaster Recovery Funding Arrangements (DFRA) relating to the impact of severe smoke on ACT businesses and other bushfire relief efforts provided by the ACT. ACT officials have lodged the relevant DRFA notification with Commonwealth officials. Since that letter, you would be aware of the significant bushfire in the Namadgi National Park. As a result of this development I wish to activate all available supports including DRFA funding for small business grants and loans, automatic deferral of ATO payments and lodgements and Disaster Recovery Payments for which the ACT is now eligible.

In relation to DRFA supports for the Orroral Valley Bushfire, ACT officials will shortly lodge this request with the Emergency Management Authority.

National Royal Commission into natural disaster preparedness
Reviewing and learning from the searing experience of the 2019?20 bushfire season will be important, and many states and territories are already undertaking reviews or inquiries as a standard practice following these events. Noting your announcement of the establishment of a, national Royal Commission into natural disaster preparedness, the ACT considers the most efficient way to coordinate national action on this issue is to draw on the large body of analysis and recommendations made by previous commissions and inquiries.

I welcome the opportunity to comment on the draft Letters Patent. The ACT provides the following comments aimed at clarifying the scope and purpose of the proposed Royal Commission:
  • The Royal Commission should consider broader mitigation strategies relating to climate change. As it currently stands, the draft Letters Patent ignores the important role Australia must play in reducing global emissions to minimise the extent of climate change and its potential impacts on the Australian community. Omitting climate change mitigation from the scope of the Royal Commission overlooks one of the key national drivers in determining the frequency and severity of future natural disasters. 
  • In addition to a focus on preparedness, response and resilience to natural disasters, the Letters Patent should also instruct the Commissioner to examine appropriate coordination of recovery arrangements for natural disasters, as this is a crucial stage in the process of rebuilding communities and the economy following natural disasters.
  • Section (c) of the draft Letters Patent appears to presume uniformity between states and territories and an ability for the Commonwealth to take unilateral action are needed to effectively manage responses to natural disasters. The Royal Commission should consider the need to increase the interoperability between the Commonwealth, and each state and territory's disaster management framework which is, appropriately, specific to the legal, social and environmental context of that jurisdiction.
  • The Royal Commission should consider the circumstances and thresholds under which the states and territories can call on the Commonwealth for support and examine opportunities to improve the availability of Commonwealth, State and Territory resources and infrastructure in the instances of emergencies, such as Public Safety Mobile Broadband and aerial firefighter appliances. The ACT considers that the current mechanisms and criteria to request national involvement in emergencies is unclear and should be reviewed, given that the frequency of future national disasters is likely to be higher.
  • Acknowledging the need for the Royal Commission to be expedient, an August 2020 deadline will be challenging, particularly noting many communities and workers are still fighting fires or beginning their recovery. The ACT would support the Royal Commission providing a draft report or interim recommendations in August 2020, with a final report developed by late 2020.
A number of terms in the Letters Patent require clearer definition that will assist in clarifying the scope of the inquiry. Of primary importance, a definition of 'natural disaster' is required to confirm the scope of the Royal Commission. The ACT considers that any national inquiry should consider response approaches that can be applied to all natural disasters inclusive of bushfires, cyclones, floods and droughts. By considering broader national disaster events, the inquiry can determine the role of the Commonwealth in responding to all national disasters.

ACT officials continue to be involved in conversations with your Commonwealth officials in relation to specific drafting changes to the draft Letters Patent.

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