Environmental Planning and Assessment Act 1979 No 203
121ZS Enforcement of brothel closure orders by cessation of
(1) If a person fails to comply with a brothel closure order, the
Local Court or the Land and Environment Court may, on the application of the
person who gave the order, make an order (a utilities order)
directing that a provider of water, electricity or gas to the premises
concerned cease to provide those services.
(2) An order may apply to the whole or part of
(3) A utilities order ceases to have effect on the date specified in
the order, or 3 months after the order is made, whichever occurs
(4) An application for a utilities order must not be made unless not
less than 7 days notice of the proposed application is given to the following
(a) any person to whom the brothel closure order was
(b) any provider of water, electricity or gas to the premises who is
affected by the application,
(c) any owner or occupier of the premises.
(5) An owner or occupier of premises, or a provider of water,
electricity or gas to premises, who is affected by an application for a
utilities order is entitled to be heard and represented in proceedings for the
(6) In determining whether to make a utilities order, the court is to
take into consideration the following matters:
(a) the effects of the failure to comply with the brothel closure
(b) the uses of the premises,
(c) the impact of the order on the owner, occupier or other users of
(d) whether the health or safety of any person, or of the public, will
be detrimentally affected by the order,
(e) any other matter the court thinks
(7) A utilities order must not be made for premises, or any part of
premises, used for residential purposes.
(8) A provider of water, electricity or gas must comply with a
utilities order, despite any other law or agreement or arrangement applying to
the provision of water, electricity or gas to the premises, or part of
(9) No compensation is payable to any person for any damage or other
loss suffered by that person because of the making or operation of a utilities
order or this section.
(10) A provider of water, electricity or gas must not, during a period
that a utilities order is in force in relation to premises, or part of
premises, require payment for the provision of water, electricity or gas
services to the premises or part of premises (other than services related to
the implementation of the order).
(11) The Land and Environment Court or the Local Court may make a
utilities order when it determines an appeal against a brothel closure order,
if subsections (4) and (5) have been complied with.