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 instrument.(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 working day.
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 section.(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 made.(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 order
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 work.
139 Order may specify standards and work that will satisfy those standards
(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, and(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 specified.
140 Compliance with order referred to in sec 139 (2)
(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as the person would be required to submit under section 81 if applying to the council for approval of the work.(2) (Repealed)
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 work.(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 owner, and(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 heritage:(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 instrument.(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 item.(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 Council.(3A) The Heritage Council may, by instrument in writing served on a council, exempt the council from the requirements of subsection (3).(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, or(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 139.(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 emergency.
(1) A council may include two or more orders in the same instrument.(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 instrument.
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 jointly
If appropriate in the circumstances of the case, an order may direct two or more people to do the thing specified in the order jointly.
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, and(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 order.(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 managers
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 jurisdiction.
148 Occupier of land may be required to permit owner to carry out work
(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 concerned.
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.
(1) An order given by the council may be revoked by the council at any time.(2) An order given by the Minister may be revoked by the Minister at any time.(3) (Repealed)
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 function.(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 2010.(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 of:(a) an order in terms of order No 15 in the Table to section 124, or(b) an order given, and expressed to be given, in an emergency.(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 final.(6) Part 5 (Appeals) does not apply to an order given under this section.(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 Minister’s order
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 order
(1) The Minister may revoke or modify an order given by a council.(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 may specify.(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 notice.
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, or(d) the order relates to a matter in which the intervention of the Minister is necessary in the public interest.