That the NSW Government consider implementing a system for when the Minister for Planning may request the Independent Planning Commission to conduct a public hearing for any development.

That the NSW Government consider ways to improve the independence of the assessment of planning proposals and development applications, without increasing the time taken to assess such proposals.

That the NSW Government give effect to the right of First Nations people to self-determination and the principle of free, prior, informed and ongoing consent in the New South Wales planning system, including in relation to:
- development applications and planning proposals
- culturally appropriate consultation and
- protection of cultural heritage and connection to Country.

That the NSW Government review the need for legislation amending the Environmental Planning and Assessment Act 1979 or a state environmental planning policy to consider climate change within the planning system alongside the need to deliver development outcomes, including housing diversity, supply of industrial land and critical infrastructure.

That the NSW Government enhance land use planning processes to take into account climate change risks, including the development of clear guidelines about where homes and infrastructure should and should not be located.

That the NSW Government consider implementing:
- all of the recommendations of the statutory review of the Biodiversity Conservation Act 2016
- planning instruments that provide for the retention and creation of deep soil, native tree cover and habitat in urban areas
- guidelines for a clear and transparent process for when the Minister for Planning will refer a development to the Federal Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

That the NSW Government:
- implement statutory planning controls to mitigate the urban heat island effect, either through legislation, changes to the Sustainable Buildings SEPP, and/or any other relevant instruments
- advocate for changes to the National Construction Code, through the Australian Building Codes Board, to help ensure that infrastructure is resilient to climate change impacts.

That the NSW Government consider amending the Environmental Planning and Assessment Act 1979 to make the powers to consent authorities to modify or revoke development consents in the public interest, and that if a consent authority exercises the power to revoke a development consent, that no compensation is to be paid by the consent authority to the aggrieved person.

That the NSW Government look into strengthening Development Control Plans so that provisions within Development Control Plans bear greater weight when considered in the Land and Environment Court and so that they can be enforced.

That the NSW Government seek to amend provisions of the Environmental Planning and Assessment Act 1979 relating to historical developments to:
- increase the threshold required for developers to have undertaken action in commencing physical works in order to prevent their development consent from lapsing after 5 years
- consider a mechanism with appropriate thresholds for consent authorities to assess whether a historical development consent should be reassessed, and
- consider giving power to consent authorities to revoke or modify historical development consents, where it can be demonstrated that the development will have significant social, environmental or cultural impact not previously identified or that has been changed from the time of approval.

That the NSW Government review deemed refusal appeals under section 8.17 of the Environmental Planning and Assessment Act 1979 and consider the impacts that deemed refusal appeals have on local councils, particularly in relation to the costs incurred in defending these appeals and the strain that this has on council resources.

That the NSW Government in partnership with local Aboriginal land councils and other Aboriginal land holders, in land claims processes to identify and activate land suitable for development and progress any necessary rezonings to enable that development and where parties agree, consider land swaps where lands are not suitable for development due to biodiversity and climate change constraints.

That the NSW Reconstruction Authority consider issuing guidelines which clarify the scope of its powers to make planning decisions under the NSW Reconstruction Authority Act 2022 and how the Authority will consider existing planning controls, environmental standards, and Aboriginal cultural heritage protections under the state's existing planning framework.

Relocating communities most at risk with good homes and amenities: That, to empower vulnerable people and communities to relocate, Government through the NSWRA:
• identify and prioritise those communities most at risk from future disasters, and for whom relocation may be appropriate or necessary
• leverage the work done through Government’s homes, cities, manufacturing and skills policies, to collaborate and work with these communities in examining, designing, building and installing affordable, attractive and insurable housing options (e.g. locally fabricated high quality modular homes, or utilising local builders to retrofit and/or relocate existing homes to safer ground) and to enable small housing developments with capacity to grow organically over time
• utilise best-practice policy for rapid urbanism and community-building to establish new settlements. This should include:
— an enquiry-by-design or charrette process led by the Government Architect to ensure that new settlements reflect the aspirations and vernacular of the local community, whilst meeting the technical needs of establishing settlements and delivering infrastructure at low cost. This should also include considering how to repurpose floodplains for community use and benefit, i.e. recreation, sports and energy production as part of the process of returning land below the flood planning level to Government ownership. It should also consider the role of locally manufactured, well-designed and regulated modular housing solutions
— promoting a sense of community by ensuring appropriate amenity (e.g. schools, shops, and services) is available to relocating people and communities at the time of moving to their new settlements
— working with the financial and philanthropic sectors to investigate a special purpose fund to provide continuing support for these communities as they transit through re-establishment.

Simplify the planning system disaster provisions: That, to simplify and improve the state planning processes especially when anticipating and recovering from a disaster, Government:
• ensure there is a clear line of sight directing councils and planning authorities to include disaster response and resilient settlement outcomes in long term strategic plans (Regional and District Plans as well as Local Strategic Planning Statements). This may require more prominence to be given to Planning for a more resilient NSW: A strategic guide to planning for natural hazards (Department of Planning, Industry and the Environment) as well as a clear link to the risk-based approach to hazard identification and the disaster adaptation plans
• ensure the NSWRA provides the necessary tools and advice to enable planning authorities to incorporate cumulative impacts of potential natural disasters into strategic plans. These tools should ensure the disaster adaptation plans can be given real effect in strategic plans for settlement and local planning controls
• ensure that Ministerial Directions on hazard and natural disasters (directions 4.1 and 4.6 inclusive) are updated to reflect the new risk-based approach to flood planning levels and deliver the disaster adaptation plans to the zoning process
• create specific flood planning provisions as a new chapter in the SEPP (Resilience and Hazards). These provisions would draw the existing flood planning clauses (5.21 and 5.22 in the standard instrument) up into the SEPP
• put the natural disaster clause (5.9 in the standard instrument) into a new chapter in the SEPP Resilience and Hazards, along with objectives to assist councils to use the clause to build back to more resilient standards
• update planning guidance so that wherever possible community facilities, such as might be used for evacuation centres, are located above the probable maximum flood and essential services are located above the flood planning level
• ensure that the strategic land use frameworks and related controls permit new developments only in line with the evacuation capacity both individually and cumulatively
• ensure that the strategic land use frameworks enable higher density flood resilient precincts to locate more development at or above the PMF and use a higher flood planning level to avoid catastrophic costs from extreme flooding, as well as deliver cost-effective controls for individual structures.

Landholders can access information on previous disasters: That, to ensure there is a single source of ground truth to prepare for and respond to emergencies, and to provide people with a better understanding of their individual property and community risk exposure, an online visualisation tool be developed to display, for all land parcels (land titles) in NSW, the extent of known disasters that have affected each piece of land in NSW in the past. This information should be made available through the Planning Portal and, particularly in light of climate change, the data involved should be revised and updated at least every two years and after each major natural disaster.

Caravan parks and manufactured home estates: That, to ensure that permanent residents of caravan parks and mobile housing estates are protected from flood, Government: • prohibit permanent residency in caravan parks and mobile housing estates situated below the risk-based flood planning level. Caravan parks for holiday makers could still be on the floodplain with the provision that, if a flood is imminent, they need to be evacuated • address the issues raised in the 2015 Discussion Paper (Improving the regulation of manufactured homes, caravan parks, manufactured home estates and camping grounds).

That the NSW Government work with local government, industry and sustainable planning experts, including the Government Architect, on policy initiatives in the New South Wales planning system that will help deliver more resilient and sustainable homes, buildings and places. 

That the NSW Government review the provision of temporary and long term housing options provided to those affected by the February-March 2022 floods, with a view to: • ensuring a range of options are identified and embedded within emergency and recovery plans, so that solutions can be implemented as soon as possible after a natural disaster • ensuring that housing options meet individual and community needs • removing planning impediments that prevent those from accessing more safe and secure housing in times of crisis. 

That the NSW Government consider investing in supporting relocations, land swaps and providing fair and adequate compensation for landowners who wish to relocate from severely flood-impacted areas. 

That, in order to ensure recommendations accepted by the Government are implemented in a timely and transparent manner, Government establish a central accountability mechanism to track implementation of recommendations from bush fire-related reviews and inquiries and consider expanding this to other policy areas.

That, in order to ensure the guiding principles and approval processes are contemporary, streamlined and more flexible, the NSW and Commonwealth Governments review the Defence Assistance to the Civil Community (DACC) arrangements. This review should include the circumstances in which the State can request Commonwealth assistance, and the level of information provided by the ADF to the State on available resources and capabilities.

That, in order to ensure State Emergency Operations Centre (SEOC) interoperability during all natural disasters, Resilience NSW review the current SEOC arrangements and location including responsibilities for ongoing resourcing and maintenance.

That, in order to improve cross-agency communication and coordination during bush fires, the NSW RFS review Fire Control Centres (FCCs) in areas that were heavily affected by fire. The results should be combined with the Emergency Operations Centre (EOC) Facilities Review to identify areas that would benefit from a purpose-built FCC, enabling co-location with the EOC.

That Government commit to shifting to a strategic approach to planning for bush fire, and develop a new NSW Bush Fire Policy similar to the NSW Flood Prone Land Policy in order to accommodate changing climate conditions and the increasing likelihood of catastrophic bush fire conditions; to build greater resilience into both existing and future communities; and to decrease costs associated with recovery and rebuilding.

That Government commit to:
a) evaluating existing bush fire preparedness programs to determine the most effective and efficient approach given increased frequency of extreme fire seasons, and develop outcomes-based measures to monitor programs’ impact over time
b) post-evaluation roll out the most effective bush fire preparedness programs to all communities and at-risk cohorts in bush fire prone areas across NSW.

That Resilience NSW review existing functional area arrangements to ensure they are closely aligned to agencies responsible for direct service delivery.

I recommend that the New South Wales Police Force undertake a formal assessment of alternatives to the TOU’s current soft-point ammunition to determine whether a more appropriate form of ammunition is reasonably available.

Preventing Flood Related Fatalities: The NSW Government consider the recommendations from the Preventing Flood Related Fatalities Report when it is released.

That the NSW National Parks and Wildlife Service consider the feasibility, on a case by case basis, of closing public roads through national parks on days with catastrophic fire danger rating, to mitigate the risk of bush fire ignition in national parks.

That the NSW Government improve the protection of media and telecommunications towers around New South Wales by:
-increasing the asset protection zone around the towers on Mt Cenn Cruaich and other comparable sites to a radius of at least 100 metres
-conducting an audit of all New South Wales media and telecommunications sites to examine their fire safety in respect of land clearance, fire trails and fuel loads
-implementing a strategy to ensure that licensees of these sites fulfil all their hazard reduction obligations.

That the NSW National Parks and Wildlife Service remove from its boundary fencing policy and standard contract the condition that requires adjoining land owners to maintain a fence that has been damaged by trees falling from national park land.

That the NSW National Parks and Wildlife Service:
-ensure that where a park is adjacent to a rural land holding, its side of the boundary fence is cleared to the same legislative requirement as the land holding, that is, six metres
-examine the fairness of the policy whereby, in the event of a fire originating on national park land, the Service provides the fencing materials to construct or replace boundary fences, while the neighbour erects the fences.

That the Minister for Police and Emergency Services review the communications technologies used by the NSW Rural Fire Service, Fire and Rescue NSW, the NSW National Parks and Wildlife Service and Forestry NSW during fire fighting operations, to ensure that systems are standardised and effective. Within this context, the potential value of satellite phone technology should be investigated.

That the NSW Rural Fire Service:
-commission an independent investigation into the allegations that brigade group captains and captains were not duly, or in a timely way, notified of the outbreak of the Wambelong fire
-improve procedures for the notification of group captains to ensure that they are notified of any fire outbreak in and/or adjoining their brigade areas.

That the NSW Rural Fire Service review its procedures, systems and infrastructure for notifying community members of bush fires, both when a fire has broken out and as it proceeds, to ensure the provision of timely and adequate information.

That the NSW Rural Fire Service:
- commission an independent investigation into the allegations that brigade group captains and captains were not duly, or in a timely way, notified of the outbreak of the Wambelong fire
- improve procedures for the notification of group captains to ensure that they are notified of any fire outbreak in and/or adjoining their brigade areas.

That the NSW National Parks and Wildlife Service adopt an interim fencing agreement in the immediate aftermath of a fire. This will enable emergency and interim works to commence, but features such as length, fencing components and site of the fence line are not binding. A final fencing agreement would be negotiated no earlier than six months following a major national park fire.

Improve regional transport infrastructure to address current and projected flood evacuation capacity constraints and timelines.

Provide improved land use planning tools for managing flood prone land.

Develop a NSW Planning Policy and Guideline to improve land use planning practices on flood prone land.

Ensure future road infrastructure planning considers flood evacuation requirements throughout the Hawkesbury-Nepean floodplain.

Review the NSW state-wide governance arrangements for flood risk management so that broader issues identified by this Review can be most effectively addressed.

Establish a dedicated group or body within an existing agency to provide a more integrated, coordinated and regional approach to land use, infrastructure and evacuation planning and flood modelling in the Hawkesbury-Nepean Valley.

Ensure appropriate consideration of flood risk in regional and subregional planning

That the NSW Rural Fire Service hold discussions with the Department of Planning and Infrastructure and Local Government NSW on ways to improve compliance with development consents under section 76A of the Environmental Planning and Assessment Act 1979.

That OEH’s testing procedures for determining the impact of pollution incidents incorporate additional requirements for the checking and verification of results before those results are released.

SERCon consider that the proposed State Recovery Committee provide an interim report to government on these and
related recommendations within 12 months of being so tasked.

That the Department of Primary Industries incorporates reviews of plans and operating procedures as a result of emergency incidents and exercises and ensures that there is adequate commitment from all participants in the review process.

The OTSI should continue to conduct rail accident investigations on behalf of ITSRR and report directly to the Chief Executive of ITSRR.

The ITSRR, when considering a re-application for accreditation, should conduct a field audit of the organisation to ensure that it is carrying on its activities in accordance with the basis upon which it seeks accreditation.

Recommendations one to seven of the final report of the Special Commission of Inquiry into the Glenbrook Rail Accident should be fully implemented, save that the random auditing referred to in recommendations five and seven should be carried out by ITSRR.

The ITSRR should conduct field audits to satisfy itself that all accredited rail organisations conduct their activities in accordance with the safety management system on the basis of which each was accredited.

The ITSRR should conduct random audits of accredited rail organisations for compliance with communications protocols.

Following completion of any external audit, a corrective action plan to remedy any identified safety deficiencies should be developed by RailCorp, implemented and followed up within the business groups affected, to ensure appropriate and timely completion of the action plan, by a formal examination of the effectiveness of the controls put in place. Senior management personnel should certify that the corrective action plan has been implemented and is effective. Senior management personnel should be accountable for any such certification.

ITSRR should ensure that, as a condition of accreditation, each of these recommendations is carried into effect and should audit against them to enforce compliance.

RailCorp should conduct internal and external safety audits to evaluate the adequacy of its safety management system and to ensure that any risk control measures are effective.

The ITSRR should audit the RMC to ensure communications protocols are being followed. The sanction for non-compliance with communications protocols should be identical to that in the aviation industry and involve immediate removal from duty. Any RailCorp employee not following communications protocols should be required to undertake further training. If, following return to duties after such training, the officer continues to fail to comply with communications protocols, that officer is not to be employed in communications related work.

The RailCorp Board should establish independent external safety auditing processes to regularly audit and report to the Board on the implementation of an integrated safety management system by RailCorp and on safety performance generally.

It is recommended that the Board: 
- require the Chief Executive of each rescue provider to certify on an annual basis that all rescue units comply with the Board’s accreditation standards (page 31)
- develop an audit program to test compliance with accreditation standards (page 31).

To link up fallow paddocks and natural fire breaks by ploughing or burning breaks through private or public property, roads, &c.