The NSW government is having another crack at setting up a natural disaster authority — but this time the body will have some far-reaching powers that have some on edge.
On Thursday, the parliament passed a bill to create the NSW Reconstruction Authority to assist communities recover from disasters as well as prepare for them.
It's designed to cut through red tape but to do so, it will have a broad remit which includes the ability to develop in national parks or on native title land.
Let's look at what it means for the state.
Why was this bill introduced?
The idea for the authority came from Lismore MP Janelle Saffin during the devastating floods her community faced earlier this year.
She said the now-dismantled Resilience NSW, which was led by Commissioner Shane Fitzsimmons, didn't have the necessary powers, and the state would be better off with a model based on the Queensland Reconstruction Authority.
The independent flood inquiry earlier this year also recommended a permanent state-wide agency dedicated to recovery and preparedness.
The Opposition's Penny Sharpe told the Upper House yesterday the "status quo" wasn't working and although this new model was "radical", Labor was willing "to give it a go".
But the Greens and Independent MLC Justin Field argued the new authority had "unfettered powers" which were unprecedented in NSW.
What powers will this authority have?
The Reconstruction Authority will be permitted to carry out development on land that's likely to be directly or indirectly affected by a natural disaster.
This includes developing land within national parks, protected marine areas or land subject to native title claims, so long as the development is necessary and appropriate.
This also includes the habitat of threatened species.
The authority will be able to do anything that is "supplementary, incidental or consequential" to these functions and the CEO will be able to take whatever steps they deem "necessary or desirable".
It will however be subject to the minister for planning's control and direction, who can authorise development without assessment under the Environmental Planning Act.
The environment minister does not have any oversight over the authority but a "joint select committee" will be formed, made up of 10 MPs, who will be responsible for reviewing the authority's actions following any disaster.
A successful Greens amendment this week means the authority must now also take into account how their decisions will impact climate change.
What does all this mean?
Gundungurra elder Sharyn Halls said she's confused about where this legislation leaves Indigenous people who have land agreements, as there's no requirement for consultation.
The government's push to make sure the bill was passed before the parliamentary year finished also left Ms Halls uneasy, as she believes many people won't have even heard of it yet.
"It seemed to be too much of a rushed job," she told the ABC.
"I'm sad that no one's possibly looked into the consequences of this bill properly."
The National Parks Association (NPA) of NSW supports the idea of an authority, but says it's disappointed amendments proposed by the Greens and Mr Fields were rejected.
These included:
- A ban on clearing native vegetation
- A ban on developing within a national park
- The ability for National Parks and Wildlife to intervene in the case of unnecessary environmental impact
- Excluding property developers from the authority's advisory board
NPA president Grahame Douglas said the proposed amendments would have ensured the state's key environment assets were protected by future governments.
"An example of that is the potential abuse of a future government wanting to raise the Warragamba Dam wall in a World Heritage area using this legislation."
Why does the government think this is necessary?
Resilience NSW was criticised in the flood inquiry for being too slow and having inadequate on-the-ground responses, so the Reconstruction Authority has been billed as the new and improved version.
The premier said it's the government's commitment to learning from past challenges and a way to get "money out the door quicker".
"Setting up the authority means will be able to act quickly and decisively in helping affected residents get back on their feet — and one which can provide immediate on-the-ground support without getting caught up in unnecessary red tape," Dominic Perrottet said.
Minister for Planning Anthony Roberts told the parliament its powers would not be brandished "haphazardly" and the Minister for Indigenous Affairs Ben Franklin was adamant it had nothing to do with taking land away from traditional owners.
"For this to be built up as a significant issue takes away from where the focus and the fundamental thrust of this bill is … the most extraordinary events we have to deal with as a state and as a nation."
