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NSW RECONSTRUCTION AUTHORITY ACT 2022 - As at 11 December 2023 - Act 80 of 2022

- As at 11 December 2023 - Act 80 of 2022

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - Introduction

  • 1 Name of Act
  • 2 Commencement
  • 3 Primary object
  • 4 How primary object is to be achieved

Division 2 - Interpretation

PART 2 - NSW RECONSTRUCTION AUTHORITY

Division 1 - Establishment and status of Authority

  • 7 Establishment
  • 8 Status of Authority
  • 9 Ministerial control

Division 2 - Functions of Authority

  • 10 Functions
  • 11 Authority's powers
  • 12 Authority may carry out development on certain land in particular circumstances
  • 13 Authority may direct relevant entities
  • 14 Cooperation with other agencies
  • 15 Delegation

Division 3 - Staff of Authority

  • 16 Staff

Division 4 - Chief executive officer

  • 17 Role
  • 18 Functions
  • 19 Delegation

Division 5 - Other members of staff

  • 20 Staff

Division 6 - Other assistance

  • 21 Alternative staffing, facilities and other resources

Division 7 - Financial matters

  • 22 NSW Reconstruction Authority Fund
  • 23 Payments out of Consolidated Fund for exigencies

PART 3 - NSW RECONSTRUCTION AUTHORITY ADVISORY BOARD

Division 1 - Establishment and functions

  • 24 The Advisory Board
  • 25 Functions of Advisory Board

Division 2 - Members

  • 26 Membership of Advisory Board
  • 27 Conditions of appointment

Division 3 - Chairperson

  • 28 Role of Chairperson

Division 4 - Other matters

  • 29 Reports

PART 4 - STATE DISASTER MITIGATION PLAN AND DISASTER ADAPTATION PLANS

Division 1 - State disaster mitigation plan

  • 30 Requirement to have State disaster mitigation plan
  • 31 Purpose of State disaster mitigation plan
  • 32 Preparation of State disaster mitigation plan
  • 33 Review and update of State disaster mitigation plan
  • 34 Report about implementation of State disaster mitigation plan

Division 2 - Disaster adaptation plans

Division 3 - Implementation of State disaster mitigation plan and disaster adaptation plans

  • 38 Implementation

PART 5 - DECLARATION OF DECLARED PROJECTS, RECONSTRUCTION AREAS AND DISASTER PREVENTION AREAS

  • 39 Declaration of declared projects
  • 40 Declaration of reconstruction areas
  • 41 Declaration of disaster prevention areas

PART 6 - DECLARED PROJECTS, RECONSTRUCTION AREAS AND DISASTER PREVENTION AREAS

Division 1 - Preliminary

Division 2 - Functions of Authority in relation to declared projects, reconstruction areas and disaster prevention areas

Division 3 - Notice to decide

  • 50 Notice to decide

Division 4 - Progression notice

  • 51 Progression notice

Division 5 - Step-in notice

  • 52 Step-in notice
  • 53 When step-in notice may be given
  • 54 Providing assistance or recommendations
  • 55 Effects of step-in notice
  • 56 Authority's decision
  • 57 Effects of decision
  • 58 Notice of decision

Division 6 - Miscellaneous

  • 59 No requirement to consult on particular matters

PART 7 - ADDITIONAL STEP-IN FUNCTIONS AND POWERS OF AUTHORITY

Division 1 - Step-in functions and powers for delivery of declared projects

  • 60 Application of Division
  • 61 Definitions
  • 62 Step-in functions of Authority
  • 63 Project authorisation orders
  • 64 Authorisation to carry out projects
  • 65 Authorisation to take over projects
  • 66 Transfer of assets, rights and liabilities
  • 67 Transfer of projects managed by Authority to government agency

Division 2 - Development approval powers

  • 68 Ministerial authorisations
  • 69 Effect of Ministerial authorisation
  • 70 Term of Ministerial authorisation

PART 8 - INSPECTION AND RELATED POWERS

  • 71 Definitions
  • 72 Appointment of authorised officers
  • 73 Purposes for which functions under Part may be exercised
  • 74 Functions of authorised officers after entering land
  • 75 Care to be taken
  • 76 Authorised officers may require information

PART 9 - OFFENCES AND LEGAL PROCEEDINGS

  • 77 Disclosure of information
  • 78 Misuse of information--dealing with land
  • 79 Misuse of information--influencing proposals in relation to land
  • 80 False or misleading information
  • 81 False or misleading documents
  • 82 Obstructing authorised persons
  • 83 Proceedings for offences

PART 10 - MISCELLANEOUS

Division 1 - Fees

  • 84 Fees
  • 85 Liability for fees
  • 86 Recovery of amounts due to Minister or Authority

Division 2 - Other matters

  • 87 Protecting officials from personal liability
  • 88 Requirement to provide information and documents to Minister
  • 89 Delegation of Minister's functions
  • 90 Relevant entities to comply with Minister's directions
  • 91 Directions given to State owned corporations
  • 92 Review of administrative decisions made under this Act not available
  • 93 Review of Act and Authority's exercise of functions
  • 94 Regulations

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