Review of the operations of the NSW Reconstruction Authority

Review of the operations of the NSW Reconstruction Authority

Planning powers, preparedness and adaptation

37

4.7 Councils were unable to provide information to residents asking about the

availability of buyback and retrofitting programs because the Authority did not

communicate any guidance on criterial timelines or eligibility.

231 The Mid North

Coast Joint Organisation (MNCJO) found this to be of particular concern given

community expectations and the significant bearing it has on their recovery

decisions.

232

4.8 The NSW Government acknowledged in its submission the need to enhance

collaboration between agencies and to improve councils' understanding of the

Authority's planning powers. It acknowledged the importance of communicating

clear protocols around the exercise of the Authority's powers under the NSW

Reconstruction Act 2022, particularly section 68, to support local government's

understanding and engagement with these processes.

233

4.9 The NSW Government also observed that some confusion exists at the local level

about the respective powers of the Local Emergency Operations Controller under

section 61 of the State Emergency and Rescue Management Act 1989 (SERM Act)

and the Authority under the Act. The Committee notes that further clarity on

these powers would assist in managing community expectations.

State Emergency and Rescue Management Act 1989 and powers of the Local

Emergency Operations Controller (LEOCON)

The State Emergency and Rescue Management Act 1989 (SERM Act)

establishes the emergency management framework for NSW, including the

roles and responsibilities of emergency controllers at the state, regional and

local levels.234

At the local level, a Local Emergency Operations Controller (LEOCON) –

typically a senior NSW Police officer – has broad powers to manage the

emergency response within a declared emergency area.235

These powers are separate and distinct from those exercised by the Authority

under the Act. LEOCON powers operate during the emergency response phase

and are focused on immediate safety measures.236

The Authority’s powers under Parts 6 and 7 of the Act are activated following a

Ministerial declaration and are directed at longer-term recovery and

reconstruction, including land acquisition, housing resilience programs and

planning interventions.237

231 Submission 24, pp 3-4.

232 Submission 24, pp 3-4.

233 Submission 50, p 8.

234 State Emergency and Rescue Management Act 1989, Subdivisions 4 and 5.

235 Local Emergency Management Committee Handbook, October 2024, p 11.

236 Local Emergency Management Committee Handbook, October 2024, pp 31-32; Submission 50, p 8

237 NSW Reconstruction Authority Act 2022, pts 6-7.