Statutory Framework
RA Act
Section68(1) of the RA Act provides that the Minister may, by order (a Ministerial authorisation), authorise the undertaking of development without the need for:
a. an approval under the Environmental Planning and Assessment Act 1979; or
b. consent from any other person.
A Ministerial authorisation may be given under section 68(3) if:
a. the CEO of the RA (RA CEO) has asked that the authorisation be given in relation to a reconstruction area (sections 68(3)(a) and (b)(ii)); and
b. the RA CEO has advised, and the Minister is satisfied that:
i. the authorisation is necessary to protect the safety and welfare of members of the public because of the disaster that resulted in the declaration of the reconstruction area (section 68(3)(c)(i)(B)); and
ii. the development is in a part of the State that has been directly or indirectly affected by the disaster (section 68(3)(c)(ii)).
The RA must have regard to the State Disaster Mitigation Plan (SDMP) and any relevant disaster adaptation plan in exercising any of the RA’s functions under the RA Act (section 38(2)) and the NSW Reconstruction Authority Regulation 2023 (regulation 7).
Declaration of reconstruction area
The Reconstruction Area (Central Coast Weather Event) Order 2025 (Central Coast Order) was made under section 40 of the RA Act and came into effect on 21 May 2025.
The Central Coast Order declares the part of the State consisting of the parishes of Kincumber and Wallarah in the Central Coast to be a reconstruction area.
The Order was made in response to severe weather and large swells coinciding with the Highest Astronomical Tide along the NSW coastline in early April 2025 (Weather Event) and causing significant coastal erosion and beach scarping in parts of the reconstruction area.
The Central Coast Order remains in force for 12 months from 21 May 2025 in recognition of the fact that the Central Coast Order was made to facilitate temporary coastal protection works.
State disaster mitigation plan
The SDMP was approved on 17 December 2023 and was publicly launched on 23 February 2024.
According to the statewide risk assessment for the SDMP, Central Coast is the local government area with the State’s highest coastal risk to the built environment due to a greater number of properties and assets exposed to the coastal hazard. This is the combined risk of coastal inundation and coastal erosion.
There is currently no disaster adaptation plan relevant to the Central Coast.
Background
Background
Coastal erosion has been a persistent issue at The Entrance North for many years, threatening the stability and safety of coastline properties. The Weather Event resulted in significant coastal erosion and beach scarping impacting properties from 21 Hargraves Street in the north to 1 Hutton Road in the south.
Structural assessments undertaken by Central Coast Council (Council) indicate that the Works (which comprise emergency beach stabilisation) are required at The Entrance North to protect both property and public safety from the ongoing impacts of coastal erosion. Previous stabilisation efforts, including a rock revetment wall installed in 2020, have since deteriorated. Extensive scouring has occurred, resulting in an extreme risk of structural failure and potential damage to multiple properties along this vulnerable stretch of coastline.
On Tuesday 1 July 2025, the NSW State Emergency Services (SES) issued emergency warnings to multiple properties along North Entrance Beach to immediately evacuate as it had become too dangerous to stay in the area. This warning was issued due to dangerous waves resulting in significant damage to buildings from coastal erosion caused by storm activity.
Request for RA assistance from Council
On 13 June 2025, Council requested the RA CEO to ask the Minister to give a Ministerial authorisation under section 68 of the RA Act to authorise the Works at The Entrance North.
Reasons for decision
The following matters were taken into consideration when making the decision:
- The Central Coast Order, which declares The Entrance North to be part of the reconstruction area.
- The RA Act, including its primary objects and the relevant requirements of sections 68 and 38.
- The RA’s State Disaster Mitigation Plan 2024-2026.
- The request from Council to the RA CEO dated 13 June 2025 requesting the Ministerial authorisation, including the environmental due diligence report and engineering drawings and specifications for the proposed works.
- Advice from the RA Adaptation, Mitigation and Reconstruction Group (Land Use Planning) regarding the proposed works.
- Multi-agency risk assessment (The Entrance North temporary coastal protection works) dated 17 June 2025.
The authorisation is necessary to protect the safety and welfare of members of the public because of the disaster that resulted in the Central Coast Order. The key reasons for my decision to request a Ministerial authorisation are as follows:
- Coastal erosion has been a persistent issue at The Entrance North. Further storm activity is expected to cause additional erosion and landward movement of the escarpment, potentially undermining properties and placing them at immediate risk.
- Coastal protection works are proposed to reinforce this part of the coastline and mitigate further erosion, providing additional safety and stability of the immediately at-risk properties and avoiding additional hazards or risks to public safety, welfare and property.
- Council has advised the RA that remnant hazardous building materials are now exposed to the broader public in the beach scarp, and there is an increased risk to beach users from failure of ancillary infrastructure such as staircases and trees.
- The proposed works consist of around 6000 tonnes of rock – a mix of imported rocks and rocks relocated from previously failed revetment works – and sand contained in geotextile bags to build a solid base. This will all be covered in at least 15,000 cubic metres of imported sand.
- The proposed works have been designed by coastal engineers from Manly Hydraulics Laboratory (a team within Department of Climate Change, Energy, the Environment and Water) and NSW Public Works on behalf of Council.
- The proposed works are temporary in nature and will mitigate erosion hazards for minor/moderate coastal storm events until a longer-term solution is implemented through a Coastal Management Program by the Council.
- Council has advised the RA that “the coastal environment is dynamic and complex, and therefore the Development may have unintended effects including on the surrounding coastal environment.” With respect to the Works, I have weighed these considerations against the risks to public safety and property in the event of future severe weather and swells.
- Conditions for the monitoring, maintenance and decommissioning of the proposed works are included in the authorisation to reflect the lifecycle of the works.
