Environmental Planning and Assessment Act 1979 No 203
121ZA Occupier of land may be required to permit owner to
carry out work
(1) The person who gives an order may order the occupier of any land
to permit the owner of the land to carry out such work on the land as is
specified in the order (being work that is, in the person’s opinion,
necessary to enable the requirements of this Act or the regulations, or of any
order under section 121B, to be complied with).
(2) An occupier of land on whom such an order is served must, within 2
days after the order is served, permit the owner to carry out the work
specified in the order.
(3) The owner of the land is not guilty of an offence arising from his
or her failure to comply with the requirements of this Act or the regulations,
or of any order under section 121B, if, while an order under this section is
in force, the occupier of the land refuses to permit the owner to carry out
the work specified in the order.
(4) Subsection (3) applies only if the owner of the land satisfies the
Court that the owner has, in good faith, tried to comply with the requirements