A simple question from Councillor Big Rob about the state of the Lismore pumps led to a long discussion about who owns the Lismore levee flood system assets and who is responsible for the repairs.

The end result left everyone with no clear answer as Lismore City Council (LCC) says they are responsible for the maintenance of the pumps and the levee wall but Rous County Council own the asset so they are responsible for the repairs post-flood.

Acting Director - Infrastructure Services for LCC Scott Turner said, "Rous are the owners of all of the levee system assets. They have been preparing their applications for funding assistance through the Disaster Recovery Funding arrangements with assistance from us."

Mr Turner also stated some of the levee system assets will fall into the 'Betterment' aspect which is not to rebuild like it was pre-February 28 flood but build it back better in preparation for the next flood.

"So we've got to navigate those two application processes for the two funding streams for that," Mr Turner said.

The motion that was finally agreed and voted on was:

MOVED that Council:

1. Prioritise the regular maintenance of all Lismore flood levee pumps that Lismore City Council is responsible for.
2. Advises the community in the lead up to flood events as to what pumps are not operating at 100% and the potential impact on localised flooding and flood levels.
3. Write to Rous County Council and ask that it prioritises the repair of all Lismore flood levee pumps.

As to the state of Lismore's pumps, General Manager John Walker gave an update:

"The permanent flood pumps associated with a flood levee all sustained significant damage during the first flood event of February 28. All pumps at Browns Creek, Gasworks Creek, Lower Hollingsworth Creek and the smaller portable pumps were damaged and all the electrical switchboards that are connected to were fully submerged, rendering all pumps inoperable.

Between the flood on 28 February and the second flood of late March, a temporary solution was enacted to get the Brown's Creek pumps operational. They were operational for the second flood. That temporary solution remains in place at this time, and Browns Creek pumps were fully operational for the event on the 24th of October.

Permanent pumps at Gasworks Creek and Lower Hollingsworth Creek have not been operational since the flood of 28 February. As a result, Council organised two standby pumps on hire from a local hire company and these have been stored at council's depot in readiness.

They were deployed for the event of 24 October to Gasworks Creek and have approximately the same capacity as a permanent pump. A pump organised through the RFS was also deployed at Lower Hollingsworth Creek. This location is problematic as the access rate is quite low, can be affected by rising floodwaters very early in the piece, meaning the pump either has to be removed before the access is cut-off or left in place, meaning it is at risk of damage or inundation if floodwaters rise high enough. The capacity of this pump is not the same as a permanent pump."

Mr Turner gave an update for the pump behind the now-demolished RSL Club.

"The owner of the property subsequently demolished the property, and completely removed the switchboard and pump. It would appear without perhaps knowledge that that infrastructure was there.

"That matter is with Rous as the body that benefits from the easements and the legal agreements that exist over the title to that property. I know that they have written to the owner of the property and they're awaiting a response."

The basic debate between LCC and RCC is who owns the Lismore flood assets.

Mr Walker said, "This has been addressed many times by previous general managers and previous councils for a long time and we maintain our official position. We maintain that those assets are the property of Rous. Whether that is proven right or wrong legally, that is our position."

Mr Turner also clarified LCC's position as he sees it. "So to be very clear, the documentation clearly states that Rous are the owner of the asset. There is then a memorandum of understanding and a service level agreement between Rous and Lismore City Council that requires Lismore City Council to pay for the operation of the levee during a flood event and to undertake the operation and to undertake regular inspections and maintenance on a quarterly basis."

"Now, if I can say that, we do prioritise the maintenance of the pumps. We do the inspections every three months with a person from Rous. Anything that is found, is put into our works program and it's dealt with. Maintenance of the pumps is not what is needed here, it is replacement, refurbishment, renewal, repair. It is beyond maintenance and that clearly rests with Rous under the documentation in the MOU and the service level agreement."

Cr Vanessa Ekins said in her term on Rous she learnt that RCC is not putting money aside to repair and replace the flood levees and pumps and that is a matter that needs to be addressed.

Cr Rob, who is on Rous County Council (RCC) as well as LCC said, "We both have tasks and jobs to do and Lismore City Council needs to prioritise regular maintenance repair of all Lismore flood levee pumps that we're responsible for as LCC and we need to keep the community advised in the lead up to flood events."

There was an agreement that Mr Walker would hold a meeting with RCC General Manager Phillip Rudd to resolve that situation. We wait with bated breath for the results of those discussions.

As residents and ratepayers, we can only hope that the funding application is completed and approved quickly so that we, as a community, are well prepared going into the next flood.