Inquiry Search
Rec-ID | Code | Recommendation |
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REC351-4712 | 1 - Land-use and building regs | 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. |
REC351-4722 | 1 - Land-use and building regs | 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. |
REC351-4711 | 1 - Land-use and building regs | That the NSW Government consider implementing: |
REC351-4720 | 1 - Land-use and building regs | That the NSW Government: |
REC351-4710 | 1 - Land-use and building regs | 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. |
REC351-4718 | 1 - Land-use and building regs | 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. |
REC351-4709 | 1 - Land-use and building regs | That the NSW Government seek to amend provisions of the Environmental Planning and Assessment Act 1979 relating to historical developments to: |
REC351-4717 | 1 - Land-use and building regs | 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. |
REC351-4725 | 1 - Land-use and building regs | 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. |
REC351-4708 | 1 - Land-use and building regs | 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. |
REC351-4713 | 1 - Land-use and building regs | 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. |
REC351-4724 | 1 - Land-use and building regs | 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: |
Rec-ID | Code | Recommendation |
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REC347-4644 | 1 - Land-use and building regs | 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. |
Rec-ID | Code | Recommendation |
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REC346-4638 | 1 - Land-use and building regs | The committee recommends that the Australian Government pursue the matter of land use and planning laws, including the feasibility of prohibiting future development in high-risk areas, through the Housing and Homelessness Ministerial Council and other relevant ministerial council arrangements. |
Rec-ID | Code | Recommendation |
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REC339-4474 | 1 - Land-use and building regs | The Committee recommends that the Australian Government work with state, territory and local governments through National Cabinet to ensure that publicly disclosed risk information at the individual property level is available through the property conveyancing process or mandated in state rental agreement regulation. |
REC339-4473 | 1 - Land-use and building regs | The Committee recommends that the Australian Government work with State, Territory and local government through National Cabinet to ensure that further development does not occur in areas of 1-in-100 flood risk or greater. The boundary for no future development should take account of climate modelling of future increases in risk, in addition to current estimates of risk. The Committee further recommends that the Australian Government explore mechanisms that it can adopt to give effect to this unilaterally, including: |
REC339-4485 | 1 - Land-use and building regs | The Committee recommends the Australian Government collaborate with state governments to implement measures to repurpose areas with high flood risk for alternative purposes, including returning developed land into a predeveloped state or repurposing land for recreational or agricultural use. |
REC339-4484 | 1 - Land-use and building regs | The Committee recommends the Australian Government work with state and territory governments to review the operation of existing buy-back schemes to ensure they are targeted appropriately and to evaluate the outcomes for households that have received assistance. |
REC339-4483 | 1 - Land-use and building regs | The Committee recommends that state and territory governments develop buyback and resilience programs for households with very high flood risk and where alternative mitigation measures are unlikely to manage the risk. The Australian Government should consider working with state and territory governments, including through co-funding models, where appropriate. |
REC339-4475 | 1 - Land-use and building regs | The Committee recommends that building codes and planning rules be strengthened and future-proofed to improve the resilience of communities and households, consistent with Recommendation 2 of the Actuaries Institute’s Funding for Flood Costs report. |
Rec-ID | Code | Recommendation |
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REC337-4365 | 1 - Land-use and building regs | The Commonwealth should introduce a systematic and consistent approach to measuring and evaluating the impact of disaster programs against the nationally determined outcomes specified in the Outcomes Policy. |
Rec-ID | Code | Recommendation |
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REC324-4296 | 1 - Land-use and building regs | 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). |
REC324-4299 | 1 - Land-use and building regs | Relocating communities most at risk with good homes and amenities: That, to empower vulnerable people and communities to relocate, Government through the NSWRA: |
REC324-4300 | 1 - Land-use and building regs | Simplify the planning system disaster provisions: That, to simplify and improve the state planning processes especially when anticipating and recovering from a disaster, Government: |
REC324-4304 | 1 - Land-use and building regs | 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. |
Rec-ID | Code | Recommendation |
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REC323-4267 | 1 - Land-use and building regs | 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. |
REC323-4257 | 1 - Land-use and building regs | 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. |
REC323-4266 | 1 - Land-use and building regs | 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. |
Rec-ID | Code | Recommendation |
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REC317-4115 | 1 - Land-use and building regs | The Australian Building Codes Board, working with other bodies as appropriate, should: |
REC317-4114 | 1 - Land-use and building regs | State, territory and local governments should be required to consider present and future natural disaster risk when making land-use planning decisions for new developments. |
Rec-ID | Code | Recommendation |
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REC315-3824 | 1 - Land-use and building regs | 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. |
Rec-ID | Code | Recommendation |
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REC280-1399 | 1 - Land-use and building regs | 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. |
REC280-1398 | 1 - Land-use and building regs | That the NSW National Parks and Wildlife Service: |
REC280-1385 | 1 - Land-use and building regs | 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. |
REC280-1383 | 1 - Land-use and building regs | That the NSW Government improve the protection of media and telecommunications towers around New South Wales by: |
Rec-ID | Code | Recommendation |
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REC261-1514 | 1 - Land-use and building regs | 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. |
Rec-ID | Code | Recommendation |
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REC256-1570 | 1 - Land-use and building regs | All governments should put in place best-practice institutional and governance arrangements for the provision of public infrastructure, including road infrastructure. These should include: |
Rec-ID | Code | Recommendation |
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REC238-0801 | 1 - Land-use and building regs | 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. |
REC238-0800 | 1 - Land-use and building regs | Improve regional transport infrastructure to address current and projected flood evacuation capacity constraints and timelines. |
REC238-0816 | 1 - Land-use and building regs | Ensure appropriate consideration of flood risk in regional and subregional planning |
REC238-0815 | 1 - Land-use and building regs | Provide improved land use planning tools for managing flood prone land. |
REC238-0814 | 1 - Land-use and building regs | Develop a NSW Planning Policy and Guideline to improve land use planning practices on flood prone land. |
REC238-0808 | 1 - Land-use and building regs | Ensure future road infrastructure planning considers flood evacuation requirements throughout the Hawkesbury-Nepean floodplain. |
Rec-ID | Code | Recommendation |
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REC237-0825 | 1 - Land-use and building regs | 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. |
Rec-ID | Code | Recommendation |
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REC229-2842 | 1 - Land-use and building regs | The committee recommends that building codes incorporate mitigation measures that take into account foreseeable risks from extreme weather events. |
REC229-2841 | 1 - Land-use and building regs | The committee recommends that credible and reliable flood mapping activities and the development of other information that would best inform landowners or prospective landowners of potential risks from extreme weather events are prioritised and used to inform land use planning laws. |
Rec-ID | Code | Recommendation |
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REC205-1901 | 1 - Land-use and building regs | The Council of Australian Governments’ Building Ministers’ Forum should provide formal direction to the Australian Building Codes Board to: |
REC205-1900 | 1 - Land-use and building regs | As a priority, state and territory governments should ensure that land-use planning systems are sufficiently flexible to enable a risk management approach to incorporating climate change risks into planning decisions at the state, territory, regional and local government levels. Consideration should be given to: |
Rec-ID | Code | Recommendation |
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REC176-0142 | 1 - Land-use and building regs | The Commonwealth consult with local, state and territory government planning authorities on the development and dissemination of a house loss risk index for households in Australia's highest risk bushfire areas. |
Rec-ID | Code | Recommendation |
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REC145-3215 | 1 - Land-use and building regs | The Committee recommends that the Building Code of Australia, including cyclone building codes, be revised with the objective of increasing resilience to climate change. |
REC145-3214 | 1 - Land-use and building regs | The Committee recommends that the Australian Government consider the benefits of adopting a nationally consistent sea level rise planning benchmark and, if so, whether this be done on a statutory basis or otherwise. The outcomes of this consideration should then be included as part of the action plan for the proposed Intergovernmental Agreement on the Coastal Zone. |
REC145-3213 | 1 - Land-use and building regs | The Committee notes the Council of Australian Governments initiative (through the Local Government and Planning Ministers Council) to develop state-specific climate change planning policies by mid 2011, to inform local governments and regional planning responses to climate change. The Committee recommends that the Australian Government ensure that the outcomes of this initiative are included as part of the action plan under the proposed new Intergovernmental Agreement on the Coastal Zone. |
REC145-3222 | 1 - Land-use and building regs | The Committee recommends that the Australian Government: |
Rec-ID | Code | Recommendation |
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REC098-2178 | 1 - Land-use and building regs | The Committee recommends that Standards Australia review the clarity of AS3959–1999: Construction of buildings in Bushfire Prone Areas to ensure that all relevant stakeholders can interpret and apply the Standard in the way it is intended. |
REC098-2176 | 1 - Land-use and building regs | The Committee recommends that Standards Australia incorporate building maintenance into AS3959–1999: Construction of buildings in Bushfire Prone Areas, perhaps renaming it as AS3959–1999: Construction and maintenance of buildings in Bushfire Prone Areas. |
REC098-2133 | 1 - Land-use and building regs | The Committee recommends that the Commonwealth seeks to ensure that the Council of Australian Governments resolve when asset protection zones will be located on private land and when on public land and gain assurances that adequate maintenance of zones will be enforced. |
Rec-ID | Code | Recommendation |
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REC013_3974 | 1 - Land-use and building regs | To link up fallow paddocks and natural fire breaks by ploughing or burning breaks through private or public property, roads, &c. |