Operator responsibilities around emergencies and evacuation procedures

The operator of a land lease community has a responsibility to have emergency evacuation procedures in place. With this responsibility there is also a requirement to reasonably ensure residents are aware of those procedures.

Recent amendments to the Residential Land Lease Communities Act that came into force from 25 September 2024, have made it compulsory for operators to test their evacuation procedures at least once a year and maintain records of the drill. Testing the evacuation procedure ought to lead to practical improvements in responding to an emergency that requires evacuation.

After the experiences of home owners in the northern NSW flood disasters of 2022, then ex-tropical cyclone Alfred, and more recently the east coast severe weather event, we have renewed concerns about disaster preparedness. The lack of operator action or communication was a repeated theme for residents when it came to evacuation of at risk communities.

Several communities in northern NSW are on flood-prone land and are still recovering from the severe floods of 2022. Some residents remain displaced from their homes and local areas. In the mid-coast and central coast of NSW there are also communities established on the low-lying topography of the coast, near major river systems, or lakes.

We spoke to a few home owners from two different flood prone communities in the Tweed Shire of northern NSW about ex-tropical cyclone Alfred. With the prolonged uncertainty of where the cyclone would land, home owners noted that there was silence from their operators who were nowhere to be seen. In the lead-up to the disaster, one community observed staff arranging for the office to be locked and sand bagged along with the amenities block.

Although many residents had chosen to leave these communities, some were still on site when the SES and community-led resilience teams from organisations such as Rotary and Red Cross arrived. Help was provided to cut the lock on the amenities block for those who stayed, and assistance was given to others to reach evacuation centres.

It was fortunate that by the time the expected cyclone reached land it had been downgraded to a tropical low, however significant rainfall and wind speeds still contributed to it being declared a disaster event. It was reported by residents from the two Tweed shire communities that impact resulted in loss of power for up to four days and fallen trees and debris.

We also spoke to some residents in communities captured in the SES evacuation zones of the east coast severe weather event. Some had operators who did communicate with their residents and resident committees about the imminent risk but there were still instances of operators locking up the office and walking away. One operator indicated to their residents committee that the weather event was not their responsibility.

Operators withdrawing ahead of an emergency appear to have a misconceived understanding of when their responsibilities end during these events.

The Act is clear on their responsibilities around emergency evacuation procedures and logically it would follow that managing the evacuation of residents from a community will aid in the preservation of lives and reduce the pressure placed on emergency services.

We are half way through the year so if your community has not yet been notified of evacuation testing taking place there is still time for the operator to act on this.

If you are unsure where to find information about the evacuation plans for your community, enquire with the operator about having access to that information.

At the Tenants’ Union we would also like to be better informed about the different approaches that communities are taking around evacuation processes, so if you would like to share your community’s evacuation plan or your experience during the evacuation of your community, please email us and attention your correspondence to Amanda Elgazzar.

Other legislative protections around emergencies

Operators need to take all reasonable steps to ensure that emergency service personnel have unimpeded vehicular access to homes in the community at all times. This includes home care service personnel.

Consultation about access arrangements with up-to-date information needs to be provided to residents of the community, as well as local emergency and home care service agencies.

The operator is also obligated to ensure all roads and residential sites in the community are signposted, or otherwise that a map is placed at each entry to the community with enough information for emergency personnel to find a home within the community.

Disputes about the operator’s compliance with these responsibilities can be taken to the NSW Civil and Administrative Tribunal (NCAT). Your local Tenants Advice and Advocacy Service can give advice about this and any time limits that apply.

Assistance after ex- tropical cyclone Alfred

The Australian Government Disaster Recovery Payment (AGDRP), is a one-off payment to those eligible ($1,000 per adult and $400 per child). It can be lodged with Service NSW up to 6 months after the event. If you are in Ballina, Bellingen, Byron, Clarence Valley, Kyogle, Lismore, Richmond Valley and Tweed local government areas, the cut off to lodge a claim is 13 September 2025.

Assistance after the east coast severe weather of May 2025

For the following affected local government areas there are a range of categories for individual assistance: Bellingen, Central Coast, Coffs Harbour, Dungog, Kempsey, Lake Macquarie, Maitland, Mid-Coast, Nambucca Valley, Port Macquarie-Hastings, Port Stephens.

Immediate payments and support from the federal government and NSW government opened from Monday 26th May 2025. Residents can learn more about their eligibility for grants by contacting Service NSW on 13 77 88.

The Australian Government Disaster Recovery Payment (AGDRP) is a lump sum payment of $1,000 per eligible adult and $400 per child if you have been directly affected. Applications close on the 28 November 2025.

The one-off personal hardship payment of $180 per individual and $180 per dependent (up to $900) can be applied for online at Service NSW. Impacted areas that are eligible were last updated on 3 June 2025 and applications will close on 26 June 2025.

More information

The Tenants’ Union has a factsheet titled ‘Natural Disasters’ for home owners who find themselves and their homes affected by a disaster event. See tenants.org.au/thenoticeboard/factsheet/natural-disasters

It’s also a good idea to get advice from your local Tenants Advice and Advocacy Service. Legal Aid NSW offers legal assistance following disaster events. See disasterhelp.legalaid.nsw.gov.au or phone 1800 801 529

This article was published in Outasite magazine issue 13. Outasite is published once annually. Outasite Lite email newsletter is sent several times a year – subscribe here. All past issues are available in the archive.