{"id":"nsw:sl-2023-0032","name":"NSW Reconstruction Authority Regulation 2023","slug":"nsw-reconstruction-authority-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"32 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175902,"registerId":"nsw-nsw:sl-2023-0032-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [NSW Reconstruction Authority Regulation 2023](/view/html/inforce/current/sl-2023-0032).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> essential service means an essential service, within the meaning of the [Essential Services Act 1988](/view/html/inforce/current/act-1988-041), other than a service declared to be an essential service under that Act, section 4(2).\n> \n> the Act means the [NSW Reconstruction Authority Act 2022](/view/html/inforce/current/act-2022-080).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Authority may direct certain planning authorities—the Act, s 13","content":"#### 4 Authority may direct certain planning authorities—the Act, s 13\n\n4 Authority may direct certain planning authorities—the Act, s 13\n\n> > (1) For the Act, section 13(1)(c), for a planning authority other than the Minister administering the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), the action of exercising the planning authority’s relevant planning functions is prescribed.\n> \n> > (2) In this section—\n> > \n> > relevant planning functions has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 2.21(2).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Authority may direct local councils and other relevant entities—the Act, s 13","content":"#### 5 Authority may direct local councils and other relevant entities—the Act, s 13\n\n5 Authority may direct local councils and other relevant entities—the Act, s 13\n\n> For the Act, section 13(1)(b)(ii) and (d), the following actions by a local council or other relevant entity are prescribed—\n> \n> > (a) providing an essential service,\n> \n> > (b) carrying out development under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732).\n> \n> **s 5:** Am 2023 No 42, Sch 3\\[1\\]–\\[3\\].","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Implementation of State disaster mitigation plan and disaster adaptation plans by relevant entities—the Act, s 38","content":"#### 6 Implementation of State disaster mitigation plan and disaster adaptation plans by relevant entities—the Act, s 38\n\n6 Implementation of State disaster mitigation plan and disaster adaptation plans by relevant entities—the Act, s 38\n\n> For the Act, section 38(1), the following functions of a relevant entity are prescribed—\n> \n> > (a) applying for development consent under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203),\n> \n> > (b) applying for State significant infrastructure approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 5.2,\n> \n> > (c) carrying out development under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732),\n> \n> > (d) providing an essential service,\n> \n> > (e) reviewing the State Emergency Management Plan and recommending alterations to it under the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165), section 15(d).","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Implementation of State disaster mitigation plan and disaster adaptation plans by Authority—the Act, s 38","content":"#### 7 Implementation of State disaster mitigation plan and disaster adaptation plans by Authority—the Act, s 38\n\n7 Implementation of State disaster mitigation plan and disaster adaptation plans by Authority—the Act, s 38\n\n> For the Act, section 38(2), the Authority’s functions under the Act are prescribed.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Ministerial authorisations in exceptional circumstances—the Act, s 68","content":"#### 8 Ministerial authorisations in exceptional circumstances—the Act, s 68\n\n8 Ministerial authorisations in exceptional circumstances—the Act, s 68\n\n> For the Act, section 68(7), definition of exceptional circumstances, the prescribed circumstances are as follows—\n> \n> > (a) a disaster that has resulted in significant and widespread harm to life or damage to property or the environment has occurred,\n> \n> > (b) a disaster may occur that is likely to result in significant and widespread harm to life or damage to property or the environment.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Fees—the Act, s 84","content":"#### 9 Fees—the Act, s 84\n\n9 Fees—the Act, s 84\n\n> > (1) For the Act, section 84(2)(b), the Minister or the chief executive officer may determine, either generally or in a particular case, the fee for the relevant service or action.\n> \n> > (2) In determining the fee, the Minister or the chief executive officer must consider the cost of the relevant service or action to the following persons—\n> > \n> > > (a) the Minister,\n> > \n> > > (b) the Authority,\n> > \n> > > (c) the chief executive officer,\n> > \n> > > (d) a person who provides the relevant service or action on behalf of the Minister, the Authority or the chief executive officer.\n> \n> > (3) A fee determination by the Minister prevails over a fee determination by the chief executive officer to the extent of an inconsistency.\n> \n> > (4) The maximum fee that may be imposed under the Act, section 84(2)(b) is 120% of the total cost of the relevant service or action to the persons specified in subsection (2)(a)–(d).\n> \n> > (5) For the Act, section 84(3), the Minister or the chief executive officer may require the payment of a deposit for, or full or partial prepayment of, a fee charged under the Act, section 84(2)(b).","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Reference to Resilience NSW in relevant contracts and agreements—the Act, Sch 3, s 1","content":"#### 10 Reference to Resilience NSW in relevant contracts and agreements—the Act, Sch 3, s 1\n\n10 Reference to Resilience NSW in relevant contracts and agreements—the Act, Sch 3, s 1\n\n> > (1) A reference in a relevant contract or agreement to Resilience NSW, which was taken on the commencement of the [Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 10) 2022](/view/pdf/asmade/sl-2022-860) to be read as a reference to the NSW Reconstruction Authority Staff Agency under the order, section 4(4), is taken to be a reference to the NSW Reconstruction Authority.\n> \n> > (2) In this section—\n> > \n> > relevant contract or agreement means a contract or agreement, other than an employment contract or agreement, that was—\n> > \n> > > (a) entered into by Resilience NSW on behalf of the Crown, and\n> > \n> > > (b) in force immediately before the commencement of the [Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 10) 2022](/view/pdf/asmade/sl-2022-860).\n> \n> **s 10:** Ins 2024 (527), Sch 1.","sortOrder":9}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no clear evidence of scope change from original intent. The regulation appears to continue fulfilling its supporting administrative role for the NSW Reconstruction Authority as originally designed. The two amendments since February 2023 suggest refinement rather than fundamental expansion or contraction of purpose, though the limited content visible in this extract prevents a definitive conclusion."},"complexity_factors":["Limited substantive content is visible in the provided text — only metadata, status information, and navigation elements are shown, making full analysis impossible","The regulation operates within a broader legislative framework (the NSW Reconstruction Authority Act and the Subordinate Legislation Act 1989), requiring cross-referencing to fully understand","Has been amended twice in a relatively short period, suggesting evolving scope or operational requirements","Staged repeal mechanism adds a temporal dimension that users must track","Sits beneath a parent Act, meaning its effect can only be fully understood alongside that Act"],"plain_english_summary":"The NSW Reconstruction Authority Regulation 2023 sets out the operational and administrative rules that govern how the Authority coordinates disaster recovery and rebuilding after major floods and bushfires. It affects disaster-affected communities, local councils and agencies, Authority staff and decision‑makers, and property owners in affected or at‑risk areas.\n\nIt matters because these practical rules shape funding, rebuilding and recovery decisions. The regulation has been amended twice (most recently Oct 2024) and is due to expire on 1 September 2028."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation does not expand the statutory reach of the NSW Reconstruction Authority Act 2022 but prescribes how particular powers are to operate. It specifies which planning and service functions may be directed (ss 4–6), defines the circumstances for Ministerial exceptional authorisations (s 8), establishes fee‑setting mechanics and limits (s 9), and updates contractual references to the new Authority (s 10). These are procedural and definitional clarifications rather than substantive changes to the Act’s scope."},"complexity_factors":["Multiple cross-references to other statutes (Environmental Planning and Assessment Act 1979; Essential Services Act 1988; State Emergency and Rescue Management Act 1989) creating interpretive links (ss 3, 4, 6).","Delegated fee‑setting discretion with concrete constraints: Minister or CEO may set fees, Minister prevails on inconsistency, maximum fee = 120% of total cost, and deposits/prepayments allowed (s 9(1)–(5)).","Prescriptive lists of actions by different bodies subject to Authority directions and plan implementation obligations (ss 4–7), requiring coordination across agencies and councils.","Definition and scope of ‘essential service’ narrowed by reference to another Act (s 3), adding dependency on external statutory definitions.","Ministerial authorisations enabled under defined ‘exceptional circumstances’ (s 8), which hinges on factual thresholds (significant/widespread harm).","Contractual continuity provision converting historic references to Resilience NSW into references to the NSW Reconstruction Authority (s 10), affecting existing Crown contracts."],"plain_english_summary":"This Regulation gives practical rules for how the NSW Reconstruction Authority and certain other bodies may act after disasters. It prescribes which planning and service functions the Authority can direct, how relevant entities must help implement state disaster mitigation and adaptation plans, sets when the Minister may authorise exceptional powers, allows fees (including deposits) and updates contract references to the Authority. It affects the Authority, planning authorities, local councils, essential-service providers and counterparties to existing Crown contracts, and matters because it sets decision‑makers, payment rules and compliance triggers (see s 9 on fees)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation appears tightly scoped to its original purpose of operationalising the NSW Reconstruction Authority Act 2022. It deals with directions to planning authorities, disaster plan implementation, emergency authorisations, fees, and transitional contract matters—all directly related to the Authority's core disaster reconstruction and mitigation functions. The 2024 amendment (section 10) adding contract references is a minor administrative tidying measure rather than scope creep."},"complexity_factors":["Only 3 defined terms in the interpretation section (essential service, the Act, relevant planning functions)","Short length (10 sections total)","Heavy reliance on external references to other Acts (Environmental Planning and Assessment Act 1979, Essential Services Act 1988, etc.) without reproducing their content","Simple conditional logic—mostly 'prescribed actions' lists rather than nested exceptions","Straightforward fee calculation (120% cap with cost recovery basis)","Minimal cross-referencing within the Regulation itself"],"plain_english_summary":"This Regulation sets out the operational details for the NSW Reconstruction Authority, a government body created to coordinate disaster recovery and reconstruction in New South Wales.\n\n**What it does:**\n- **Defines powers:** It specifies what actions the Authority can direct other government bodies to take during and after disasters. This includes telling local councils and planning authorities how to use their planning powers, provide essential services (like water, electricity, or transport), and carry out development work.\n- **Sets up disaster planning:** It requires various entities to implement the State's disaster mitigation and adaptation plans when doing things like applying for development approvals or reviewing emergency management plans.\n- **Creates emergency powers:** It defines \"exceptional circumstances\" (major disasters causing widespread harm) that allow the Minister to authorise special actions outside normal rules.\n- **Sets fee rules:** It allows the Minister or the Authority's CEO to charge fees for services, capped at 120% of the actual cost, and allows them to ask for deposits or prepayment.\n- **Fixes old contracts:** It updates references to \"Resilience NSW\" (an old agency) in existing contracts to now refer to the NSW Reconstruction Authority.\n\n**Who it affects:**\n- Local councils and planning authorities (who must follow the Authority's directions)\n- Government agencies providing essential services\n- Developers and infrastructure projects in disaster-affected areas\n- Anyone paying fees for Authority services\n\n**Why it matters:**\nThis Regulation gives the NSW Reconstruction Authority its \"teeth\"—the specific legal mechanisms to coordinate rebuilding after floods, bushfires, and other disasters. Without it, the Authority would exist in law but lack clear instructions on what it can actually make other agencies do."}},"importantCases":[],"_links":{"self":"/api/acts/nsw-reconstruction-authority-regulation-2023","history":"/api/acts/nsw-reconstruction-authority-regulation-2023/history","analysis":"/api/acts/nsw-reconstruction-authority-regulation-2023/analysis","conflicts":"/api/acts/nsw-reconstruction-authority-regulation-2023/conflicts","importantCases":"/api/acts/nsw-reconstruction-authority-regulation-2023/important-cases","documents":"/api/acts/nsw-reconstruction-authority-regulation-2023/documents"}}