Review of the operations of the NSW Reconstruction Authority

Review of the operations of the NSW Reconstruction Authority

Planning powers, preparedness and adaptation

35

Chapter Four – Planning powers, preparedness

and adaptation

Summary

The Authority did not exercise its planning powers under the NSW Reconstruction Authority

Act 2022 following the May 2025 East Coast severe weather event. Stakeholders identified

some operational issues with the Authority's broader responsibilities in relation to disaster

preparedness and adaption, including Disaster Adaptation Plans (DAPs), betterment and

community preparedness initiatives.

Planning powers and buy-back interventions

4.1 The Committee received feedback from stakeholders throughout the inquiry

about the Authority’s planning powers and their application in previous disasters,

particularly the 2022 Northern Rivers and Central West floods.

218 Stakeholders

expressed views about how these powers have been exercised to date, the

conditions under which they should be triggered, and the importance of clear

communication to communities about what interventions may be available

following a disaster, including through the Resilient Homes Program (RHP).

There is community uncertainty surrounding the Authority's planning powers

Finding 6

The NSW Reconstruction Authority did not exercise its planning powers in

response to the May 2025 East Coast severe weather event.

Recommendation 12

That the NSW Reconstruction Authority develop and publish clear guidelines

and criteria for invoking statutory planning powers and for buy-back

interventions to ensure these are applied transparently and consistently and

communicated to communities effectively.

4.2 The Committee heard about need for greater clarity regarding the use of the

Authority's statutory planning powers and related buy-back programs.

4.3 The NSW Reconstruction Authority Act 2022 provides the Authority with

significant planning and recovery powers following a Ministerial declaration.219

The Authority's powers are set out in Parts 6 and 7 of the Act and function as an

important regulatory tool designed to enable the Authority to respond decisively

where community safety and recovery require intervention.

220 For example:

- section 45 of the Act allows the Authority to acquire land, including

through voluntary purchase schemes commonly referred to as 'buybacks',

218 Submission 50, NSW Government, p. 8; Submission 49, Legal Aid NSW, p 19; Submission 19, Byron Shire Council,

p 2; Submission 18, Cabonne Council, pp 2-3; Submission 35, Local Government NSW, pp 17-18.

219 NSW Reconstruction Authority Act 2022, pt 5.

220 NSW Reconstruction Authority Act 202, pts 6-7; Submission 50, p 8.