NSW Reconstruction Authority Act 2022

This Act is the NSW Reconstruction Authority Act 2022.

This Act commences as follows—

the following provisions commence on the date of assent to this Act—

Part 1,

Part 2, Divisions 1 and 3–6,

section 10, other than section 10(1)(a)–(m) and (q)–(s),

Part 3,

sections 87, 89 and 94,

Schedule 1,

Schedule 3, section 1,

Schedule 4,

Schedules 5.1[3] and [4] and 5.2,

otherwise—on a day or days to be appointed by proclamation.

The primary object of this Act is to promote community resilience to the impact of disasters in New South Wales through—

disaster prevention, preparedness and adaptation, and

recovery and reconstruction following disasters.

The primary object is to be achieved by—

establishing the NSW Reconstruction Authority to facilitate community resilience to the impact of disasters in New South Wales through prevention, preparedness and adaptation, and

providing for the functions and powers of the NSW Reconstruction Authority, including functions and powers to—

facilitate the protection, recovery and reconstruction of affected communities, and

mitigate against the impact of potential disasters on communities, and

improve the resilience and adaptability of affected communities in relation to potential disasters, including, for example, by the betterment of affected communities, and

providing for the exercise of functions by the chief executive officer of the NSW Reconstruction Authority, subject to the Minister’s control and direction, including ensuring the Authority exercises its functions effectively and efficiently.

The Dictionary in Schedule 4 defines certain terms used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

In this Act, disaster includes the following—

natural disasters, including, for example, bushfires, coastal hazards, cyclones, earthquakes, floods, heatwaves, landslides, severe thunderstorms, tornadoes and tsunamis,

hazards caused by natural disasters including air pollution, water and soil contamination and water insecurity,

other emergencies in relation to which the Minister has requested assistance from the Authority,

other emergencies in relation to which—

a public authority, including a Minister other than the Minister administering this Act, has requested assistance from the Authority, and

the Authority has agreed to provide assistance,

events, incidents or matters, or classes of events, incidents or matters, prescribed by the regulations.

The NSW Reconstruction Authority is established.

The Authority is—

a corporation, and

a NSW Government agency.

Note—

See the Interpretation Act 1987, section 13A, which provides that a NSW Government agency has the status, privileges and immunities of the Crown.

The Authority is subject to the control and direction of the Minister in the exercise of the Authority’s functions.

The Authority’s functions are as follows—

disaster prevention and preparedness, including—

identifying, assessing and managing the risks from disasters, and

leading disaster resilience, adaptation and mitigation activities, and

building community capacity and resilience to disasters, and

developing and implementing methodologies for disaster resilience, adaptation and mitigation activities,

reconstruction and recovery following disasters and other emergencies, including—

assisting the Minister administering the State Emergency and Rescue Management Act 1989 and the State Emergency Recovery Controller to exercise the Minister’s and Controller’s functions in relation to recovery under that Act, and

facilitating, coordinating and directing the recovery, planning and rebuilding of affected communities, including repairing and rebuilding land and infrastructure and other development, and

balancing constraints to enable a focused, timely and expedited recovery of affected communities,

information provision and exchange and community engagement, including—

supporting collaboration and coordination between government agencies, local councils, service providers and communities to improve disaster prevention, preparedness, recovery, reconstruction and adaptation, and

increasing the flow of information and enabling community participation to support the development of strategies for disaster prevention, preparedness, recovery, reconstruction and adaptation,

to coordinate the development and implementation of whole-of-government policies for—

managing the risk of disasters in the State, and

ensuring communities can recover, reconstruct and adapt effectively and efficiently following disasters, and

improving the preparedness and resilience of communities for potential disasters,

to prepare and implement a State disaster mitigation plan for disasters in the State,

to provide advice and support to local councils to help maximise the effectiveness of councils’ disaster preparedness and reconstruction programs,

to provide advice and assistance to local councils and relevant strategic planning authorities under the Environmental Planning and Assessment Act 1979 to ensure strategic plans prepared under that Act, Division 3.1 and the State disaster mitigation plan align,

to lead the management and coordination of housing and infrastructure renewal and recovery within affected communities,

to work closely with affected communities to ensure the needs of each community are recognised in the recovery and reconstruction of the community, and to improve the disaster preparedness and resilience of communities,

to lead public education on disaster risks and certain disaster preparations,

to carry out research, and provide advice, proposals, recommendations and reports to the Minister, about—

disaster prevention and preparedness, and

recovery and reconstruction following disasters,

to enter into joint ventures, project delivery agreements and other arrangements with landowners, developers, State and Commonwealth government agencies and local councils in relation to disaster prevention, recovery and reconstruction,

to implement funding schemes to provide financial support in relation to disaster prevention, recovery and reconstruction,

to carry out rezoning and land use planning, including exercising the functions of local councils for the purpose of land use planning in relation to disasters,

to carry out flood modelling and the determination of flood planning levels, particularly in relation to high risk catchments,

to assist with the development of flood plans,

to monitor the cumulative impact of disasters on the State, including by collecting and storing data about the impact, or likely impact, of disasters across the State,

to exercise other functions conferred or imposed on the Authority by or under this Act or another Act,

to do anything supplementary, incidental or consequential on the exercise of the Authority’s functions under paragraphs (a)–(r).

To avoid doubt—

the functions of the Authority are not intended to limit functions given to agencies by the State Emergency Management Plan under the State Emergency and Rescue Management Act 1989, and

to the extent of any inconsistency between a direction given by the Authority or chief executive officer in exercising functions under this Act and a direction given by the State Emergency Recovery Controller in exercising functions under the State Emergency and Rescue Management Act 1989, the direction given by the State Emergency Recovery Controller under the State Emergency and Rescue Management Act 1989 prevails.

In this section—

State Emergency Recovery Controller means the State Emergency Recovery Controller appointed under the State Emergency and Rescue Management Act 1989.

The Authority has all the powers of an individual and may, for example—

enter into contracts, and

acquire, hold, deal with and dispose of property, and

appoint agents and attorneys, and

engage consultants, and

do anything else necessary or convenient to be done in the exercise of the Authority’s functions.

Without limiting subsection (1), the Authority has the powers given to it under this Act or another Act.

Subject to subsection (2), the Authority may carry out development on land (specified land) if—

the Authority is satisfied—

the specified land is in a part of the State that has been, or is likely to be, directly or indirectly affected by a disaster, and

the development is necessary to give effect to the primary object of this Act, and

given the nature of the disaster or likely disaster, and its direct or indirect effect on the specified land, carrying out the development immediately is appropriate in the circumstances, and

the development will not involve clearing native vegetation or will involve clearing native vegetation only to the minimum extent necessary, or

the Authority is satisfied—

the specified land is not in a part of the State that has been, or is likely to be, directly affected by a disaster but the development is a direct response to the disaster or likely disaster, and

Example—

development for the purposes of residential accommodation to house residents who have been displaced by a disaster

the development is necessary to give effect to the primary object of this Act, and

that, given the nature of the disaster or likely disaster and its impact, carrying out the development immediately is appropriate in the circumstances, and

the development will not involve clearing native vegetation or will involve clearing native vegetation only to the minimum extent necessary.

The Authority may carry out development under subsection (1)(a)(i) on specified land that is likely to be affected by a disaster, or development under subsection (1)(b)(i) that is a direct response to a likely disaster, only if the Premier has made a declaration under subsection (3) authorising the proposed development.

The Premier may, by written order given to the Authority (a proposed development declaration), declare that proposed development is authorised to be carried out under this section if—

the Authority has asked that the proposed development declaration be made, and

the specified land is likely to be directly or indirectly affected by a disaster or the development is a direct response to a likely disaster, and

the development is necessary to give effect to the primary object of this Act, and

carrying out the development immediately is appropriate in the circumstances given—

for development mentioned in subsection (1)(a)—the nature of the likely disaster and its direct or indirect effect on the specified land, or

for development mentioned in subsection (1)(b)—the nature of the likely disaster and its impact.

The proposed development declaration must specify the period during which development may be carried out under the declaration.

The Authority must, by Gazette notice—

give notice of development being carried out under subsection (1), within 14 days after the development starts, and

give notice of the making of a proposed development declaration under subsection (3), within 14 days after the declaration is made.

A Gazette notice under subsection (5)(a) must specify the date, not later than the end of the period during which development may be carried out under the proposed development declaration, that is—

the day on which the Gazette notice expires, and

the last day on which development on the specified land may be carried out under this section.

Failure to publish a notice as required by subsection (5)(a) or (b) does not affect—

the power of the Authority to carry out, or to continue to carry out, the development on the specified land, or

the validity of the proposed development declaration.

This section applies despite—

another provision of this Act, or

a provision of the Environmental Planning and Assessment Act 1979 or an instrument made under that Act.