Central Coast Council confirmed last July the emergency at Wamberal Beach has passed, yet disaster legislation is still being pursued to approve coastal armouring without normal planning assessment or community consultation.

Section 68 of the NSW Reconstruction Authority Act 2022 is intended for genuine emergencies where immediate action is required to protect public safety.

However, Council has acknowledged that emergency conditions at Wamberal were stabilised following temporary works undertaken during storms in July 2025.

Despite this, Council is now pursuing a pathway that could allow permanent coastal armouring to be approved using emergency legislation rather than the normal planning system.

This petition allows the broader community to express its views before any request made to the NSW Government is approved.

Wamberal Beach is not private property, it is a public beach used and valued by the entire community. Decisions that may permanently alter the beach must be assessed transparently through proper planning processes, not fast-tracked under emergency disaster legislation that may no longer apply.

How this situation arose

This issue arises from a resolution passed at the Central Coast Council meeting on 23 September 2025 (Resolution 796/25).

That resolution:

• Directed the Chief Executive Officer to engage consultants to design medium- to long-term coastal protection structures at Wamberal Beach in consultation with private landowners.
• Proposed that these structures be designed in accordance with Council’s Engineering Design Requirements.
• Directed that, once the design work is completed, Council request a Ministerial Authorisation under Section 68 of the NSW Reconstruction Authority Act.

The resolution was carried only on the casting vote of the Mayor after Councillors were evenly divided on the issue.

Importantly, this resolution was passed despite previous advice that the emergency conditions required for Reconstruction Authority powers were no longer present.

Because of this resolution, the NSW Minister for Recovery will soon be asked to approve coastal armouring at Wamberal Beach using emergency legislation.

Why the Minister should refuse any Section 68 approval

1. Council has confirmed the emergency no longer exists

Council’s own correspondence and reports confirmed that emergency works undertaken during the July 2025 storms altered the risk profile and removed the need for temporary emergency protection works under the Reconstruction Authority Act.

If the emergency no longer exists, emergency powers should not be used.

2. Property owners rejected temporary emergency protection

During the July 2025 weather event, property owners were offered temporary protection works using sand-filled containers (sandbags). A plan provided by the WPA from coastal engineer Angus Jackson. 

Those works were rejected by the property owners.

The use of emergency powers in circumstances where earlier emergency options were declined raises important questions that should be carefully considered.

3. Sand nourishment was also rejected

Council’s coastal engineering advice identified sand nourishment as the only appropriate interim response to create a protective buffer.

Sand was available from Terrigal Lagoon, but this option was also rejected.

Instead, property owners are now seeking approval for permanent hard coastal armouring structures under powers reserved for emergency temporary work.

4. Section 68 should not bypass planning laws

Section 68 allows emergency approvals without normal planning processes.

Using it for coastal structures would bypass:

• Environmental Planning and Assessment Act 1979 assessment
• Public environmental review
• Community consultation
• Independent coastal hazard assessment

The proposed coastal structures must be assessed through the normal planning system, to protect the beach and surrounding areas.

5. Dangerous precedent for coastal communities

Approving Section 68 where emergency conditions are not met would set a dangerous precedent for every coastal community in NSW.

It would allow groups of property owners to attempt to bypass planning laws by claiming emergency powers even where no genuine emergency exists.

6. Coastal hazard laws require risk not to increase

Section 2.12 of the Resilience and Hazards SEPP requires that “Development consent must not be granted to development on land within the coastal zone unless the consent authority is satisfied that the proposed development is not likely to cause increased risk of coastal hazards on that land or other land.

Hard structures on a sand-deficit beach risk:

• Increased erosion to neighbouring land
• Narrower beaches
• Loss of public access
• Increased coastal hazard risk

These impacts must be properly assessed through the normal planning system.

7. Attempt to avoid community consultation

Using Section 68 removes the community consultation normally required for coastal developments.

Wamberal Beach is a public beach used by the entire Central Coast community and 1000's of visitors to the Central Coast, not just adjacent property owners.

Decisions affecting the beach should not be made under emergency legislation.

8. Previous seawall development applications already failed

Council's assessment of three Development Applications for a seawall at Wamberal Beach noted refusals.

The assessments identified concerns including:

• Coastal hazard impacts
• End-effects on neighbouring properties
• Beach erosion risks
• Lack of a secured sand nourishment source

These same concerns must remain central to any future proposal.

9. Ongoing development contradicts claims of an emergency

If Wamberal Beach were in such an extreme emergency that disaster powers are required, an obvious question arises:

Why are new homes and major renovations continuing to be approved and constructed along the beachfront?

Our request

We respectfully ask the NSW Minister for Recovery, Minister Saffin to:

• Reject any application for a Section 68 authorisation for coastal protection works at Wamberal Beach.
• Require any proposal to proceed through the normal planning pathway under the Environmental Planning and Assessment Act 1979.

 

Closing statement

Emergency powers should be used for real emergencies and real disasters, not to bypass planning laws for permanent coastal structures.

If you believe Wamberal Beach should be protected through legislated planning processes, Coastal Management Act 2016 and community consultation, please sign and share this petition.