Division 3 Orders generally
136 Reasons for orders to be given
(1) A council must give the person to whom an order is directed the
reasons for the order.
(2) The reasons may be given in the order or in a separate
(3) The reasons must be given when the order is given, except in a
case of urgency. In a case of urgency, the reasons may be given the next
137 Period for compliance with order
(1) An order must specify a reasonable period within which the terms
of the order are to be complied with, subject to this
(2) An order may require immediate compliance with its terms in
circumstances which the council believes constitute a serious risk to health
or safety or an emergency.
138 Notice of right to appeal against order
(1) A council must, in giving a person notice of an order:
(a) state that the person may appeal to the Land and Environment Court
against the order or a specified part of the order, and
(b) specify the period within which an appeal may be
(2) This section does not apply in relation to order No 22A in the
Table to section 124.
138A Approval or consent not required to comply with
A person who carries out work in compliance with a requirement of
an order does not have to make an application under Division 1, 2 or 3 of Part
1 for approval of the work or an application under Part 4 of the Environmental Planning and Assessment Act
1979 for consent to carry out the
139 Order may specify standards and work that will satisfy
(1) Instead of specifying the things the person to whom the order is
given must do or refrain from doing, an order:
(a) may specify the standard that the premises are required to meet,
(b) may indicate the nature of the work that, if carried out, would
satisfy that standard.
(2) Such an order may require the owner or occupier to prepare and
submit to the council, within the period (not exceeding 3 months) specified in
the order, particulars of the work the owner or occupier considers necessary
to make provision for such matters as may be so
140 Compliance with order referred to in sec 139
(1) A person complies with a requirement of an order referred to in
section 139 (2) by submitting to the council such matters as the person would
be required to submit under section 81 if applying to the council for approval
of the work.
141 Council’s response to submission of particulars of
work by owner
(1) The council must, within 28 days after particulars of work are
submitted to it in accordance with section 139 (2):
(a) accept the particulars without modification or with such
modifications as it thinks fit, or
(b) reject the particulars.
(2) If a council accepts the particulars of work without modification,
the council must forthwith order the owner to carry out that
(3) If a council accepts the particulars of work with modifications or
rejects the particulars, or if an owner fails to submit particulars of work in
accordance with section 139 (2), the council must:
(a) prepare, within 3 months after the acceptance, rejection or
failure, particulars of the work that it considers necessary to make provision
for the matters specified in the order referred to in section 139 given to the
(b) order the owner to carry out that work.
(4) An order under this section is not invalid merely because of the
failure of the council to accept or reject any particulars of work or prepare
particulars of any work, as the case may be, within the period it is required
to do so by this section.
(4A) An order under this section forms part of the order under section
124 to which it relates.
(5) A council may recover from an owner as a debt its expenses of
preparing particulars of work under this section.
142 Orders affecting heritage items
(1) This section applies to an item of the environmental
(a) which is listed in the Register of the National Estate kept in
pursuance of the Australian Heritage Commission Act
1975 of the Commonwealth, or
(b) to which an interim heritage order or listing on the State
Heritage Register under the Heritage Act
1977 applies or to which an order under section 136 of that
Act applies, or
(c) which is identified as such an item in an environmental planning
(2) A council must not give an order under this Part in respect of an
item of the environmental heritage to which this section applies until after
it has considered the impact of the order on the heritage significance of the
(3) A council must not give an order under this Part in respect of an
item of the environmental heritage to which subsection (1) (a) or (b) applies
until after it has given notice of the order to the Heritage Council and has
considered any submissions duly made to it by the Heritage
(3A) The Heritage Council may, by instrument in writing served on a
council, exempt the council from the requirements of subsection
(3B) An exemption under subsection (3A) may be given unconditionally or
subject to such conditions as the Heritage Council determines, and may be
varied or revoked by a subsequent instrument in writing made by the Heritage
Council and served on the council.
(4) The Heritage Council may make a submission:
(a) within 28 days after it is given notice by the council,
(b) if, within 28 days after it is given notice by the council, the
Heritage Council requests that a joint inspection of the item be made, within
28 days after the joint inspection is made.
(5) If the Heritage Council notifies a council that it wishes to be
consulted in connection with an order under section 141, the council must
include a statement to that effect in any order under section
(6) This section does not apply to order No 15, 16, 17 or 22A in the
Table to section 124 if given by a council in an
143 Combined orders
(1) A council may include two or more orders in the same
(2) However, an order in terms of order No 22A in the Table to section
124 cannot be included with another order in the same
144 Giving and taking effect of orders
An order is given by serving a copy of the order on the person to
whom it is addressed and takes effect from the time of service or a later time
specified in the order.
145 Orders may be given to two or more persons
If appropriate in the circumstances of the case, an order may
direct two or more people to do the thing specified in the order
146 Notice in respect of land or building owned or occupied
by more than one person
(1) If land, including land on which a building is erected, is owned
or occupied by more than one person:
(a) an order in respect of the land or building is not invalid merely
because it was not given to all of those owners or occupiers,
(b) any of those owners or occupiers may comply with such an order
without affecting the liability of the other owners or occupiers to pay for or
contribute towards the cost of complying with the
(2) Nothing in this Division affects the right of an owner or occupier
to recover from any other person all or any of the expenses incurred by the
owner or occupier in complying with such an order.
147 Compliance with orders by occupiers or
If an occupier or manager complies with an order, the occupier or
manager may (unless the occupier or manager has otherwise agreed) deduct the
cost of so complying (together with interest at the rate currently prescribed
by the Supreme Court rules in respect of unpaid judgment debts) from any rent
payable to the owner or may recover the cost (and that interest) from the
owner as a debt in any court of competent
148 Occupier of land may be required to permit owner to carry
(1) The council 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 council’s opinion, necessary to enable the
requirements of this Act or the regulations, or of any order under Division 1,
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 Division 1, 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
152 Modification of orders
A council may, at any time, modify an order it has given to a
person (including a modification of the period specified for compliance with
the order) if the person agrees to that modification.
153 Revocation of orders
(1) An order given by the council may be revoked by the council at any
(2) An order given by the Minister may be revoked by the Minister at
154 The Minister may exercise any function concerning an
order that a council may exercise
(1) The Minister may exercise any function under this Part that the
council may exercise.
(2) This Part (except Division 2) applies to the Minister in the same
way as it applies to a council for the purpose of exercising any such
(3) The Minister must not give an order to protect public health until
after the Minister has consulted the Minister administering the Public Health Act
(3A) The Minister must not give an order that relates to an activity
that is the subject of a development consent granted under the Environmental Planning and Assessment Act
1979 by the Minister administering that Act until after the
Minister has consulted that other Minister. However, the Minister is not
required to consult, but must notify, the other Minister in the case
(a) an order in terms of order No 15 in the Table to section 124,
(b) an order given, and expressed to be given, in an
(4) If the Minister’s functions under this section are
delegated, a person to whom an order by the Minister’s delegate is given
may apply to the Minister for a review of the order within 28 days after
service of the order.
(5) The Minister’s decision on the review is
(6) Part 5 (Appeals) does not apply to an order given under this
(7) The Minister must forward a copy of an order given under this
section to the relevant council.
155 Effect of inconsistency between council’s order and
An order given by a council under Division 1, to the extent to
which it is inconsistent with an order given by the Minister under section
154, is void.
156 Minister may revoke or modify a council’s
(1) The Minister may revoke or modify an order given by a
(1A) The Minister administering the Environmental Planning and Assessment Act
1979 may revoke or modify an order given by a council that
relates to an activity that is the subject of a development consent granted
under that Act. A reference in this section to the Minister includes a
reference to the Minister administering that Act.
(2) Notice of the revocation or modification must be given to the
council and the person to whom the order was given.
(3) The revocation or modification takes effect from the date
specified in the Minister’s notice. The date may be the date on which
the order was given by the council or a later date.
(4) The Minister may prohibit a council from re-making an order that
is revoked or modified under this section, totally or within such period or
except in accordance with such terms and conditions (if any) as the Minister
(5) Notice of a prohibition may be given in the same notice as notice
of the revocation or modification of an order or in a separate
157 Limitation on Minister’s orders
The Minister must not give an order under this Part that is
inconsistent with, or has the effect of revoking or modifying, an order given
by the council unless the Minister is of the opinion that:
(a) it is necessary because of an emergency, or
(b) it is necessary because of the existence or reasonable likelihood
of a serious risk to health or safety, or
(c) the order relates to a matter of State or regional significance,
(d) the order relates to a matter in which the intervention of the
Minister is necessary in the public interest.