Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 August 2008 to 31 August 2008 (accessed 29 November 2014 at 06:13) Current version
Part 6Division 2ASection 121ZJ

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 order.
(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 person:
(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 demand.
(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 debt.
(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 Act.
(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 the proceedings.
(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.
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