Environmental Planning and Assessment Act 1979 No 203
121ZJ Failure to comply with order—carrying out of work
by consent authority
(1) If a person fails to comply with the terms of an order given to
the person under this Division, the person who gave the order may do all such
things as are necessary or convenient to give effect to the terms of the
order, including the carrying out of any work required by the
(2) If the person who gave the order gives effect to it by demolishing
a building, the person:
(a) may remove any materials concerned, and
(b) may sell the materials, unless the person’s expenses in
giving effect to the terms of the order are paid to the person within 14 days
after removal of the materials.
(3) If the proceeds of such a sale exceed the expenses incurred by the
person who gave the order in relation to the demolition and the sale, the
(a) may deduct out of the proceeds of the sale an amount equal to
those expenses, and
(b) must pay the surplus to the owner on
(4) If the proceeds of sale do not exceed those expenses, the person
who gave the order:
(a) may retain the proceeds, and
(b) may recover the deficiency (if any) together with the
person’s costs of recovery from the owner as a
(5) Materials removed that are not saleable may be destroyed or
otherwise disposed of.
(6) If work required by the order is carried out by the person who
gave the order in relation to development for which an amount of security was
provided and the amount of the security is more than the costs of carrying out
the work, the person, after being recompensed from the security, must pay the
surplus to the person entitled to it on demand.
(7) Any expenses incurred under this section by a person who gave an
order (less the proceeds, if any, of any sale under this section or the amount
of any security provided in respect of development to which the order relates)
together with all associated costs may be recovered by the person in any court
of competent jurisdiction as a debt due to the person by the person required
to comply with the order.
(8) Nothing in subsection (3), (4), (6) or (7) affects the
owner’s right to recover any amount from any lessee or other person
liable for the expenses of repairs.
(9) A reference in subsection (4), (6) or (7) to costs is a reference
to costs incurred by the person who gave the order in seeking to recover the
deficiency or expenses otherwise than by proceedings in a court, but nothing
in this section prevents the person from receiving costs as between party and
party in respect of those proceedings.
(10) The person who gave the order may exercise the person’s
functions under this section irrespective of whether the person required to
comply with the order has been prosecuted for an offence against this
(11) In any proceedings before the Land and Environment Court that are
brought by a person who gave an order against another person as a result of
the other person’s failure to comply with the order, the Court may, at
any stage of the proceedings, order the person who gave the order to exercise
the person’s functions under this section. Having made such an order,
the Court may continue to hear and determine the proceedings or may dismiss
(12) If the Minister or the Director-General gave the order, the
Minister’s or Director-General’s functions under this section may
be exercised by the corporation.