NATURAL DISASTER RELIEF AND RECOVERY ARRANGEMENTS GUIDELINE 10 COUNTER DISASTER OPERATIONS 1. Categories A and B of the Natural Disaster Relief and Recovery Arrangements (NDRRA) provides for Commonwealth assistance to be made available to states and territories (states) for the costs associated with the provision of extraordinary counter disaster operations activities of direct assistance to an individual (clause 3.2.2 (f)) and for the protection of the general public (clause 3.3.1 (c)) which meet the requirements set out in clause 3.81. 2. The NDRRA is primarily a relief and recovery financial assistance program and the eligibility of costs associated with counter disaster operations activities should in no way influence state and local government operational disaster response and recovery decisions. Extraordinary costs beyond state and local government resources 3. Counter disaster operations assistance under the NDRRA is not intended to cover a broad range of response type activities which are the constitutional responsibility of the states. States should only seek to claim costs associated with extraordinary counter disaster operations under the NDRRA. 4. In accordance with clause 3.8(b) extraordinary costs are defined as those that exceed what a state could reasonably be expected to incur for these purposes for example: • where the scale and severity of impact from a disaster is beyond the capacity of a state and/or local government(s) to adequately respond e.g. a major state-wide disaster • where the cumulative impact of frequent disasters is beyond the capacity of a state and/or local government(s) to adequately respond e.g. an extended bushfire season. 4. In accordance with emergency management responsibilities; state and local governments are required to ensure that they are prepared for and able to respond to natural disasters, this includes having a reasonable level of resources (human, capital and financial) to be able to undertake response and recovery activities, including counter disaster operations. 5. In the situation where the state and/or local government resources are unable to meet the demands of responding to a disaster or disasters, the Commonwealth may provide financial assistance under the NDRRA to assist state and local governments to facilitate certain counter disaster operations activities. Eligible counter disaster operations activities/costs 6. Counter disaster operations assistance under the NDRRA is intended to fund only a limited number/type of activities which are intended to reduce personal hardship and distress and result in less Category A assistance being required. 1 Clause 3.8: (a) the costs are associated with counter disaster operations carried out to protect communities and ensure public health and safety in public urban areas; and (b) the costs exceed the costs that a state could reasonably have expected to incur for these purposes; and (c) the operations carried out were intended to result in less Category A assistance being required. NDDRA GUIDELINE 10 COUNTER DISASTER OPERATIONS 7. Subject to the extraordinary nature of the event/s being demonstrated by the state, certain activities may be considered eligible counter disaster operations. Examples of such extraordinary activities include: • activities to render damaged or threatened houses safe and habitable (such activities may include tarping damaged roofs, tree bracing, and structural integrity assessments on residential properties) • sandbagging and construction of temporary levees to prevent inundation of residential properties • establishment of bushfire control lines to protect residential properties from threatening bushfires • establishment of temporary access routes required for disaster relief operations and to allow individuals and families to return home • cleaning and refilling residential potable water and septic tanks to ensure that residential properties are safe and habitable. 8. Some costs directly associated with undertaking an eligible counter disaster operation activity (as per above) may also be eligible for reimbursement. Examples of such extraordinary costs include: • non-capital expenses incurred whilst undertaking eligible counter disaster operations activities including tarpaulins, ropes, chainsaw chains and fuel • transportation of labour, equipment and materials to perform eligible counter disaster operations • hire of additional plant and equipment • vehicle or equipment repairs and additional servicing required as a direct consequence of an eligible counter disaster activity • eligible staffing costs (refer to NDRRA Eligibility Advice – Salaries and Wages) • restoring assets directly damaged during eligible counter disaster operation, for example repairing fencing that was damaged when establishing bushfire containment lines • cleaning-up debris which resulted from an eligible counter disaster operation activity. 9. Attachment A provides examples of activities and costs which should be claimed against different clauses under the NDRRA Determination 2012. Audit and Acquittal Requirements 10. In order to claim costs associated with counter disaster operations activities under the NDRRA, state and/or local governments must be able to prove the extraordinary nature of the costs and that the state and/or local governments existing human, capital and financial resources are unable to meet the demands of responding to a disaster or disasters. 11. States and local government must be able to demonstrate that the extraordinary counter disaster operation undertaken was intended to reduce less Category A assistance being provided. 12. To facilitate audit and acquittal requirements under the NDRRA, it is the responsibility of the state or local government to clearly differentiate NDRRA-eligible costs from costs which are not eligible under the NDRRA (and therefore covered within the states or local governments’ resource capacity). NDDRA GUIDELINE 10 COUNTER DISASTER OPERATIONS 13. In the event of uncertainty or lack of clarity regarding the eligibility of a counter disaster operations activity or cost the state should seek advice from the Attorney-General’s Department by utilising the NDRRA Eligibility Enquiry Form before seeking to claim reimbursement under the NDRRA. Aaron Verlin, Assistant Secretary Attorney-General’s Department Telephone: (02) 6141 4595 E-mail: [email protected] First date of issue: 1 October 2014 NDDRA GUIDELINE 10 COUNTER DISASTER OPERATIONS RECLASSIFICATION OF COUNTER DISASTER OPERATION ACTIVITIES ATTACHMENT A The following table provides examples of activities and costs from the CDO stocktake that may be categorised against a different clause/measure under the NDRRA. Activity identified as CDO Evacuation and care of companion animals where residents are required to evacuate Pre-deployment of resources (staff and equipment) to establish evacuation centres Set-up and management of a facility used as an evacuation centre, including costs associated with bedding, the provision of basic medical needs and catering for evacuees Evacuation of patients from hospitals and residents from aged/high care facilities Providing advice to residents regarding evacuation Provision of financial counselling and psychological first aid to disaster affected people Removal of storm water from road surface Clearing roads of debris (including green waste and damaged trees) Road sweeping Small immediate repairs to allow roads to be used Extraordinary costs of emergency food or essential supply drops to affected communities Preparation and management of temporary relocatable accommodation of disaster displaced people Assessments of temporary housing needs Establishment and decommissioning of temporary relocatable accommodation for disaster displaced people Transporting, erecting and manning of temporary relocatable accommodation Debris removal (including green waste) and clean-up costs (including dump sites) Removal of damaged and/or destroyed items from residential properties Clearing around the immediate vicinity of a residential dwelling including the main access point Removal of asbestos from disaster damaged residential properties Clearing and removal of debris to allow access to residential homes Establishment of temporary dumpsites to accommodate debris removal from residential properties (includes establishment, operation and decommissioning costs) Removal and disposal of dead animals from the immediate surroundings of a residential property Recommended clause(s) Rationale 3.2.2 (h) Associated with an extraordinary evacuation cost 3.2.2 (h) Associated with evacuation/emergency accommodation 3.2.2 (g) Associated with personal and financial counselling aimed at alleviating personal hardship and distress 3.3.1 (a) Associated with restoring an essential public asset to its pre-disaster standard. 3.2.2 (h) Associated with the provision of emergency food 3.2.2 (a)/ 3.2.2 (h) Associated with the provision of emergency temporary accommodation 3.2.2 (e)/ 3.2.2 (h) Associated with the removal of debris from residential properties to make them safe and habitable NOTE: This information is based on state input during the CDO stocktake and may be subject to change pending further information. Normal administrative and operational expenditure, such as wages and salaries of regular employees undertaking eligible NDRRA activities whether diverted from their normal work or otherwise, is not eligible for reimbursement.
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