NSW Reconstruction Authority: That, to provide rapid and effective recovery from floods (and other disasters) and to provide maximum mitigation of the impacts of future floods (and other disasters), Government establish a permanent state-wide agency, the NSW Reconstruction Authority (NSWRA) dedicated to disaster recovery, reconstruction and preparedness. The NSWRA should:
• source and acquit reconstruction funding from state, Australian Government and philanthropic sources and ensure it is distributed and spent efficiently, effectively, and equitably to get the affected communities functioning again successfully in minimum time. A disaster-preparedness funding envelope should be a permanent feature of the state’s budget (NSW Adaptation Fund) with specific drawdown arrangements negotiated as soon as a disaster occurs
• work with appropriate agencies to ensure disaster relief grants schemes are put into place quickly and ensure rapid and effective distribution of disaster relief grants
• be the clear lead agency responsible for managing and coordinating Government’s program of housing and infrastructure renewal and recovery within disaster‐affected communities, with a focus on working with community, business, state and local government partners (particularly planning, infrastructure, water and roads agencies and utilities) to deliver best practice and rapid effective expenditure of public reconstruction funds. For this it should be given appropriate authority to accelerate or override planning arrangements (in particular, local government planning, environmental and land management controls, provisions and regulations) in affected and high-risk areas and, as necessary, compulsorily acquire or subdivide land
• ensure there is appropriate project management, monitoring, evaluation and reporting of recovery implementation and associated civil engineering and public works at both a state and local level
• develop effective information flow and consultation mechanisms which ensure a clear voice in crisis but also a broader engagement process during the rebuilding phase, so all those affected in a disaster are supported, consulted and informed throughout the recovery and reconstruction process
• in line with the Government’s vision to build a more disaster-robust state, be the state’s lead agency responsible for disaster prevention. In this role, NSWRA would work collaboratively with key stakeholders (at risk communities, local government and the private, research and philanthropic sectors) to improve risk reduction and disaster adaptation particularly in high-risk areas. In particular, it should work with disaster prone communities, local government and agencies across state government to develop a State Disaster Mitigation Plan and scope, source funding for and lead special disaster-prevention and mitigation projects identified in that Plan
• contribute to Government’s objectives for the community – creating jobs, homes and a strong economy, especially in the regions, protecting the environment and building safe, caring and connected communities by:
— administering funding under disaster recovery funding arrangements and assisting local governments to achieve value for money outcomes in their reconstruction programs
— providing advice and support to local governments to maximise the effectiveness of their disaster preparedness and reconstruction programs
— coordinating disaster recovery activities that help communities recover from disasters and build their preparedness for future events.
Further, it is recommended that the NSW Reconstruction Authority be established and function under dedicated legislation [the NSW Disaster Reconstruction Act] that is modelled on the Queensland Reconstruction Authority Act. This legislation should include that:
• the Authority be allocated to a senior portfolio to maximise its convening power and its ability to respond rapidly when disaster strikes
• its CEO be a statutory appointment and be supported by an Advisory Board (maximum 7 members) comprising community, government and industry leaders with appropriate expertise and experience related to disaster response
• Special Projects be formal constructs with appropriate links to all other relevant agencies
• transition provisions transfer the activities and assets of the Northern Rivers Reconstruction Corporation with immediate effect.

Essential services and floodplain infrastructure: That, to minimise disruption to essential services (power, communications, water, sewerage) and to ensure flood infrastructure is fully serviceable before flooding, Government ensure:
• essential services infrastructure (communications, water, power and sewerage) is situated as much as possible above the flood planning level. And to minimise disruption to medical services, aged care services and the police, Government ensure hospitals, medical centres, nursing homes, aged care facilities and police stations are situated above the probable maximum flood level
• floodplain infrastructure (drains, levees, flood gates) items are all assigned to an appropriate lead agency which has responsibility for ensuring they are fully maintained and functioning especially when floods are likely.

Impact to essential services: That, to minimise disruption to essential services, including outages which compromise basic communication coverage, and to ensure access to safe water supply and power during flood events, Government work directly or together with the Australian and other state governments and/or their relevant power and telecommunications regulatory, policy and market bodies to:
• ensure there are sufficient redundancy options known and made available (for example, backup diesel generators, deployed temporary telecommunications facilities, etc.) to supply power to essential telecommunication infrastructure, alternative telecommunications infrastructure and water treatment facilities.
• ensure that the telecommunication entities, electricity network providers and water treatment managers are using up to the minute, whole of catchment models to inform business continuity planning in the event of flooding
• facilitate cross carrier roaming arrangements between carriers and the public for basic text, voice and data during the period of emergency in areas directly affected by flood
• ensure all essential services are mandatory members of the Emergency Management Committees at state, regional and local levels
• ensure the state understands essential services redundancies and what emergency redundancy options are available from Australian Government agencies
• ensure, given the heavy reliance on essential services by community and government during a disaster, essential services loss, redundancy and build back better principles are exercised through emergency management committee processes annually.

the Department of Planning and Community Development examine strategies to address and clarify insurance coverage of community volunteers in emergency events

the state ensure that any new systems and equipment purchased by state emergency management agencies are interoperable with other relevant agencies to the fullest extent possible. This should involve the state establishing a procurement gateway process with input from the Emergency Services Commissioner.

the state formalise and continue the Emergency Response Legal Advisers Forum.

the state take the necessary measures to upgrade existing manual stream and rain gauges and ensure that all future gauges provide a seamless transfer of data from the gauges to the Bureau of Meteorology.

Consideration should be given to ways to ensure that contractors who are involved in barrier installation (such as cementing companies) have a direct interest in the performance of works to a proper standard. In particular, consideration should be given to (i) preventing contractors from avoiding the economic consequences of negligent installation of barriers; and/or (ii) imposing specific legislative standards of workmanship on contractors with respect to well control (similar to those which presently apply to licensees).

The obligation of companies involved in an incident to meet the full costs of monitoring and remediation should be made a condition of approval of proposals under the EPBC Act and OPGGS Act. Suitable arrangements (insurance or otherwise) need to be in place to ensure that companies have this capacity.

The National Plan should specify that the cost of responding to an oil spill, or other damage to the offshore marine environment, will be totally met by the owner/operator. This would be consistent with the Inquiry’s recommendation for legislative changes to the regulatory framework concerning owner/operators meeting the cost of monitoring and remediation of environmental damage.

Logistics management of well control equipment should be conducted in such a way as to operate as a check against deficient well control practices, for example, use of serial numbers to track availability, testing, and deployment of well control equipment.