Environmental Planning and Assessment Act 1979 No 203
Historical version for 27 January 2012 to 12 March 2012 (accessed 28 November 2014 at 11:10) Current version
Part 6Division 2ASection 121ZS

121ZS   Enforcement of brothel closure orders by cessation of utilities

(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 premises.
(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 first.
(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 persons:
(a)  any person to whom the brothel closure order was given,
(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 order.
(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 order,
(b)  the uses of the premises,
(c)  the impact of the order on the owner, occupier or other users of the premises,
(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 appropriate.
(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 premises, concerned.
(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.
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