Review of the operations of the NSW Reconstruction Authority

Review of the operations of the NSW Reconstruction Authority

Planning powers, preparedness and adaptation

39

eligibility criteria, and complex and lengthy application and approval processes.242

In cases where residents have appealed unfavourable decisions, they were

provided with limited or no rationale for decisions made. This added to

community frustration and uncertainty during recovery.

243

4.13 Byron Shire Council noted that, as at August 2025, only eight buybacks and 15

house raises or retrofits had been completed in the Shire since the flooding and

landslip disasters.

244 Legal Aid NSW submitted, in relation to the RHP operating in

the Northern Rivers following the 2022 floods, that a significant number of

vulnerable individuals have been declined buybacks despite compelling individual

and exceptional circumstances.

245

4.14 Cabonne Council noted that the lengthy time between the catastrophic Central

West floods of November 2022, the announcement of RHP funding and the

commencement of the application phase meant that some residents have had to

use their own funds for repairs. Further, other residents have had to significantly

delay their recovery.

246

4.15 Local Government NSW (LGNSW) identified that the long-term outcomes of the

RHP in the Northern Rivers, including future use of the land that results from it,

'are yet to be seen'.

247

4.16 The Committee is concerned to hear feedback from stakeholders about the lack

of clarity regarding the Authority's use of its planning powers under the Act, as

well as matters relating to the RHP. The Committee acknowledges that planning

powers under the Act are subject to Ministerial and administrative decision-

making. However, it however considers that further guidance could be provided

to better support communities who have experienced significant trauma,

uncertainty and loss following a disaster.

4.17 We recommend that the NSW Reconstruction Authority develop and publish

clear guidelines and criteria for invoking statutory planning powers and for buy-

back interventions. These guidelines will improve transparency around the

Authority's decision making, in order to ensure statutory powers and

interventions are applied transparently and consistently. For programs such as

the RHP, it is vital that the criteria for the Authority's decisions is communicated

to communities effectively.

242 Submission 19, p 2; Submission 49, pp 19-20; Submission 18, p 3.

243 Submission 49, pp 19-20; Submission 19, p 2.

244 Submission 19, p 2.

245 Submission 49, p 19.

246 Submission 18, p 3.

247 Submission 35, p 15.