NSW Reconstruction Authority Act 2022

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

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.