Central Coast Council resolved to adopt the motion put to Council at tonight’s (13 May 2025) Extraordinary Council Meeting relating to coastal erosion impact.

The motion in part directs the CEO to immediately commence engagement with professionals to undertake assessments of the identified impacted properties at Central Coast beaches.

It also includes that for properties, identified by the relevant experts, and subject to legal advice, the CEO consider giving appropriate orders under Section 124 of the Local Government Act 1993 (NSW) for emergency coastal protection works recommended by such experts to mitigate the risk to life, property and the environment from further erosion.

These orders would require the landowners to do works on their properties, at their own cost to make their land or premises safe in the face of the coastal erosion threat currently being faced.

However. the motion also notes that Council is meeting with the NSW Government this week, Thursday 15 May 2025, and directs that the issuing of any orders under Section 124 of the Local Government Act 1993 (NSW) are deferred until after that meeting.

Council has noted this is a very complex issue, and there are many aspects still to be considered, even with the motion that has been passed.

The motion includes some significant thresholds to be reached before issuing orders under Section 124, and the individual circumstances of each property and the proposed solution need to be assessed.

Additionally, the combined impact of works in a location needs to be assessed before giving any orders. Council will ensure expert advice is considered before taking any action

The full motion says:  

That Council:

1    Notes the correspondence received from the Premier of New South Wales, the Hon. Chris Minns MP, dated Friday 9 May 2025 and formally received by Council on Monday 12 May 2025, in relation to the ongoing coastal erosion issues on the Central Coast.

2    Acknowledges the need for urgent and coordinated action in response to escalating coastal erosion, which is placing properties and public safety at significant risk on multiple Central Coast beach locations.

3    Notes a meeting has been scheduled with the relevant Ministers this Thursday, to discuss immediate and long-term solutions to the coastal erosion crisis.

4    Defers the issuing of any orders under Section 124 of the Local Government Act 1993 (NSW) until after the aforementioned meeting with the Ministers, in order to pursue a unified response and clarify responsibilities and support from the NSW Government.

5    Directs the CEO to immediately commence engagement of suitably qualified professional experts, including a structural engineer and a coastal engineer, to undertake assessments of impacted properties at Central Coast beaches and identify any that may be subject to imminent structural failure or pose risks to human life either now or in the event of further coastal erosion and recommend temporary emergency protection work for such properties. Such assessments may have regard to any reports provided by property owners from experts engaged by the owners. This to be funded from the CEO special projects budget to a maximum of $50,000.

6    Requests that, for properties identified by the relevant experts, and subject to legal advice, the CEO consider giving appropriate orders under Section 124 of the Local Government Act 1993 (NSW) for emergency coastal protection works recommended by such experts to mitigate the risk to life, property and the environment from further erosion.

7    Council will not consider giving an order under Section 124 unless satisfied that: 

a)    The proposed works are in the nature of emergency coastal protection works. 
b)    The proposed works are in accordance with expert advice.
c)    The proposed works are not likely to adversely impact other properties. 
d)    Where the proposed works extend to other land that is not the subject of an associated s124 notice, the owner of the other land has provided an irrevocable authority in writing to the owner of the property to be protected to carry out the proposed works on the other land.
e)    The irrevocable authority extends to the removal of the works or part of the works carried out on the other land, if required by the council.
f)    Any irrevocable authority given by the council, as owner of the land, is on terms reasonably acceptable to the council as owner, including as to indemnity and insurance. 

8    Notes that any order under s.124 may include a requirement that the owner of the property to be protected remove all or part of the emergency coastal protection work carried out pursuant to the order if required to do so by the council, including any such work carried out on other land.

9    Directs the CEO to undertake, when safe and practicable, the removal of debris from land owned by Council, to enhance public safety, restore beach access, and reduce environmental harm.

10    Notes with concern the Bureau of Meteorology’s forecast of a likely high wave height on Sunday 18 May 2025, in addition to king tide conditions forecast for 27 and 28 May 2025, with tides predicted to reach 2.11 metres.

11    In accordance with section 610F(3) of the Local Government Act 1993, that council give public notice of the fee proposed for emergency coastal protection works on private land lawfully undertaken by council by agreement between council and the owner of the land, the fee being an amount determined by quote.  

12    Resolves, for the purposes of s11(3) of the Local Government Act 1993, that the legal advice at Attachment 1 to this report remain confidential because that attachment includes advice concerning potential litigation or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege.