Review of the operations of the NSW Reconstruction Authority

Review of the operations of the NSW Reconstruction Authority

Planning powers, preparedness and adaptation

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to reduce disaster risk and retire high-risk properties from residential

use221

- section 68 of the Act allows the Minister to issue an authorisation order

permitting development to be carried out without standard planning

approvals where community safety or recovery timeframes require it.222

This power has been previously used in circumstances where urgent

action was necessary, including for school rebuilds following disasters.223

What is a 'buyback'?

A buyback involves the government purchasing a flood-affected or high-risk

property from a homeowner who wishes to sell, with the Authority having the

ability to dispose of land and property.224 Actions such as these can reduce

future disaster risk and costs.

The home buyback process has been most extensively applied in the Northern

Rivers region following the catastrophic 2022 floods, where some properties

identified as being in high-risk flood zones have been purchased.225 Once

purchased, some properties are demolished, while salvageable properties can

be auctioned with the requirement that new owners relocate the house to a

flood safe area.226

4.4 The Authority did not exercise its planning powers in response to the May 2025

East Coast severe weather event.

227 There were no land or housing buybacks,

disposals or ministerial authorisation orders under section 68 of the Act.228

4.5 The Government noted that since the Authority’s establishment, section 68

powers have been exercised in circumstances where community safety and

timeframes were critical, such as for school rebuilds.

229

4.6 The Committee heard that the absence of home buyback programs in response

to the May 2025 East Coast severe weather event caused confusion and

frustration in affected communities. Stakeholders described a lack of clear

eligibility criteria to access the programs and expressed a strong desire for clarity

about why particular properties are considered for buyback, the timelines for

offers, and the approaches taken to compensation.

230

221 NSW Reconstruction Authority Act 2022, s 45.

222 NSW Reconstruction Authority Act 2022, s 68.

223 Submission 50, p 8.

224 NSW Reconstruction Authority Act 2022, div 2; NSW Reconstruction Authority, Home Buyback process – Resilient

Homes Program, accessed 8 May 2026.

225 Submission 49, pp 19-20; Submission 19, p 2; Submission 43, Institute of Public Works and Engineering

Australasia (NSW and ACT), p 3.

226 Submission 43, p 3; NSW Reconstruction Authority, Home removal, reuse and recycling – Resilient Homes

Program, accessed 8 May 2026.

227 Submission 50, p 8.

228 Submission 45, MidCoast Council, p 2; Submission 24, Mid North Coast Joint Organisation, p 3; Submission 33,

Hunter Joint Organisation, p 9; Submission 50, p 8.

229 Submission 50, p 8.

230 Submission 45, p 2; Submission 24, p 3; Submission 48, Insurance Council of Australia, p 5.