Our 2024 Spring cover story was an update on various inquiries and activities relating to Kensington Banks in the aftermath of the 2022 floods.
We have posted this online so that we can include weblinks to various reports, facebook groups and other pieces of information mentioned in the article.
A flood of inquiries
Eric Keys
Nearly two years after the 2022 Maribyrnong floods, residents of Kensington Banks continue to live under a cloud of uncertainty.
Two formal inquiries into the floods have been held, and more are underway. Residents of Kensington Banks and other impacted areas will have to wait some years before the implications of all these reviews are known.
In the wake of the 2022 floods, Melbourne Water established an independent inquiry into the Maribyrnong floods and commissioned new flood modelling. The review panel published their final report in April 2024, which was covered in our last edition.
Concerns over the independence and scope of this inquiry led to a separate upper-house inquiry. The Legislative Council Environment and Planning Committee investigated “the state’s preparedness for and response to Victoria’s flood event”. It released its final report in July 2024.
This report found that October 2022 was Victoria's wettest month since records began in 1900. The resulting floods impacted most of the state, with 81% of all local government areas directly affected. The Committee made 73 recommendations addressing how the community and government can better prepare for, respond to, and recover from the next flood. The Government now has six months to respond to these recommendations.
The impact of the 2007 decision to construct a Flemington Racecourse flood wall was included in the Committee's Terms of Reference.
The Inquiry found that during the 2022 flood event, the Flood Wall contributed to an increase of 1% in flood extent and approximately 2% in flood depth in affected areas. Predictive Modelling provided to the Inquiry by Melbourne Water found that in a 2024 1% AEP flood event (a flood event with a 1% chance of occurring or being exceeded), the presence of the Wall could actually reduce flood depth in Kensington Banks by 5cm, while increasing the depths of flooding in industrial parts of Kensington and Maribyrnong.
However, the Inquiry did not examine this Predictive Modelling prior to tabling its Final Report.
On 19 June 2024 the Legislative Council, on a motion by Greens MLC for Western Victoria Sarah Mansfield, referred the issue of the Kensington Banks flood risk and related issues to the Victorian Ombudsman.
In his speech at the tabling of the Inquiry's Report on 30 July, David Ettershank MP, also a local resident, noted the outstanding questions surrounding the Flood Wall approval and Predictive Modelling and said local residents look forward to answers.
The Federal Government is separately inquiring into the insurer’s responses to the 2022 flood and other floods across the country. This inquiry is expected to report in October 2024.
While various investigations into the 2022 floods continue, Melbourne Water has advised that they will work with the State and Local Governments on a Planning Scheme Amendment to incorporate the results of the new flood modelling. This amendment is expected to expand the Land Subject to Inundation Overlay (LSIO) to cover much of Kensington Banks. Melbourne Water has not provided any timeframe for this amendment.
The City of Melbourne is completing a similar LSIO amendment (C384) for land impacted by the Moonee Ponds Creek and Lower Yarra River, including residential areas south of Macaulay Road in Kensington. This process has taken three years to reach this point, suggesting the similar amendment for Kensington Banks may be some years away from resolution.
Amidst all this investigating and amending, the question of compensation for people impacted by the floods continues to be discussed. Ellen Sandell MP has indicated she is “pushing the State and Federal Governments to consider what compensation measures might be appropriate and fair”.
The recent Victorian inquiry didn’t consider the question of compensation but did consider buy-backs. It ultimately rejected this idea due to concerns about the cost and community acceptance of such a scheme.
The inquiry instead recommended that the government fund a “resilient homes program to raise or retrofit residential properties at risk of flood”, following similar schemes in NSW and QLD.
In the absence of any government redress, some Kensington Bank residents are exploring their legal options. A class action is seen as a potential alternative to state compensation. At least two legal firms have explored the potential for a class action but have decided not to proceed.
These inquiries, investigations, planning scheme amendments, and possible legal processes will take years to conclude. In the meantime, residents are left uncertain about how all this might impact the value of their homes, the cost of insurance, and the implications for redevelopment.
One thing is certain: the effects of the 2022 floods will not recede for years to come.
Other resources
Facebook group ‘Kensington Flood Zones’ has almost 500 members and is a useful information source for residents affected by this issue.
Melbourne Water have set up an online hub as a clearing house for information on this issue. Click this text to visit that page.