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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 9 June 2009 to 30 June 2009 (accessed 29 January 2020 at 20:33) Current version
Part 6 Division 2A Section 121B
121B   Orders that may be given by consent authority or by Minister etc
(1)  An order may be given to a person by:
(aa)  the Minister or the Director-General (but only in connection with a project to which Part 3A applies or in connection with development for which the Minister or Director-General is or has been the consent authority), or
(a)  a council, or
(b)  any other person who exercises functions as a consent authority, except in relation to complying development for which a complying development certificate has been issued,
to do or to refrain from doing a thing specified in the following Table if the circumstances specified opposite it in Column 2 of the Table exist and the person comes within the description opposite it in Column 3 of the Table.
Column 1
Column 2
Column 3
To do what?
In what circumstances?
To whom?
1
To cease using premises for a purpose specified in the order
(a)  Premises are being used for a purpose that is prohibited
(b)  Premises are being used for a purpose for which development consent is required but has not been obtained
(c)  Premises are being used in contravention of the conditions of a development consent
Owner of premises, or person by whom premises are being used for the purpose specified in the order
2
To demolish or remove a building
(a)  Building is erected without prior development consent of consent authority in a case where prior development consent is required or is erected without prior development consent of a consent authority and a prior construction certificate in a case where both prior development consent and a prior construction certificate are required
(b)  Building is or is likely to become a danger to the public
(c)  Building is so dilapidated as to be prejudicial to its occupants or to persons or property in the neighbourhood
(d)  Building is erected without prior approval of council, in a case where prior approval was required under the Local Government Act 1919 or the Local Government Act 1993 when the erection of the building commenced
Owner of building
3
Not to demolish, or to cease demolishing a building
(a)  Building is likely to be demolished without prior development consent of consent authority in a case where prior development consent is required
(b)  Building is being demolished without prior development consent of consent authority or otherwise than in accordance with prior development consent of consent authority in a case where prior development consent is required
Owner of building, person likely to demolish or person engaged in demolition
4
To repair or make structural alterations to a building
(a)  Building is or is likely to become a danger to the public
(b)  Building is so dilapidated as to be prejudicial to its occupants or to persons or property in the neighbourhood
Owner of building
5
To alter, obliterate, demolish or remove an advertisement and any associated advertising structure
(a)  The advertisement is unsightly, objectionable or injurious to the amenity of any natural landscape, foreshore, public reserve or public place at or near where the advertisement is displayed
(b)  The advertisement is displayed contrary to a provision made by or under this Act
(c)  The advertising structure is erected contrary to a provision made by or under this Act
The person who caused the advertisement to be displayed or advertising structure to be erected or the owner or occupier of the premises on which the advertisement is displayed or the advertising structure is erected
6
To do or refrain from doing such things as are specified in the order so as to ensure or promote adequate fire safety or fire safety awareness
(a)  Provisions for fire safety or fire safety awareness are not adequate to prevent fire, suppress fire or prevent the spread of fire or ensure or promote the safety of persons in the event of fire
(b)  Maintenance or use of the premises constitutes a significant fire hazard
Owner of premises or, in the case of a place of shared accommodation, the owner or manager
7
To erect or install on or around a building such structures or appliances as are necessary to protect persons or property on or in a public place
(a)  Building is about to be erected
(b)  Building is situated in the immediate vicinity of a public place and is dangerous to persons or property on or in the public place
(c)  Building is about to be demolished
(d)  Work is about to be carried out
(e)  Work is about to be demolished
Owner or occupier of land
8
Not to conduct, or to cease conducting, an activity on premises (being an activity that is, or is capable of being, the subject of a development consent, whether or not the activity is the subject of a development consent)
The activity constitutes or is likely to constitute:
(a)  a life threatening hazard, or
(b)  a threat to public health or public safety,
     and is not regulated or controlled under any other Act by a public authority
Any person apparently engaged in promoting, conducting or carrying out the activity
9
To cease the use of a building
The use of the building:
(a)  is not consistent with its classification under this Act or the Local Government Act 1993, and
(b)  constitutes or is likely to constitute a life threatening hazard or a threat to public health or public safety, and
(c)  is not regulated or controlled under any other Act by a public authority
The owner or occupier of the building
10
To cease the use of premises or to evacuate premises
A person to whom order No 6 or 8 is given has failed to comply with the order
The person to whom order No 6 or 8 is given
11
To leave premises or not to enter premises
A person to whom order No 6 or 8 is given has failed to comply with the order
Any person
12
To do such things as are specified in the order to restore premises to the condition in which they were before building was unlawfully erected or before work was unlawfully carried out
(a)  Building has been unlawfully erected, and an order No 2 has been given requiring the building to be demolished or removed
(b)  Work has been unlawfully carried out
The owner of the premises, any person entitled to act on a development consent or complying development certificate or any person acting otherwise than in compliance with a development consent or complying development certificate
13
To do such things as are necessary to bring into compliance with relevant development standards any building or part of a building that has been unlawfully erected
Building has been unlawfully erected and does not comply with relevant development standards
The owner of the premises
13A
To take such action as is necessary to bring into compliance with relevant development standards any building that is used as a place of public entertainment
Failure to comply with relevant standards
Owner, occupier or manager
14
To repair or remove a building
The building is situated wholly or partly in a public place
Owner or occupier of building
15
To comply with a development consent
The development consent is not being complied with
Person entitled to act on the development consent or person acting otherwise than in compliance with the development consent
16
To complete development that is subject to a development consent within such time (not being less than 12 months from the date of service of the order) as the consent authority considers reasonable, having regard to all relevant circumstances, including the nature of the development, and including, if the development is the subject of:
(a)  a proposed strata development contract referred to in the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, or
(b)  a development contract registered with a community plan or precinct plan under the Community Land Development Act 1989,
     the proposals relating to the stages in which the development is to be effected
The development has been commenced within the period specified in section 95 (1) but has not been completed within that period
The owner of the land to which the development consent applies
17
To carry out works associated with a subdivision
There has been a failure to carry out the works in accordance with a development consent or an agreement made with the applicant for development consent
The person required to carry out the works
18
To do or refrain from doing any act to remedy or restrain a breach of Part 3A or of an approval under that Part
The breach has occurred, is occurring or is likely to occur
The person who caused, is causing or is likely to cause the breach, or the person entitled to act on the approval
19
To cease carrying out specified building work or subdivision work
(a)  Building work or subdivision work is being carried out in contravention of this Act
(b)  Building work or subdivision work is being carried out that affects the support of adjoining premises
Owner of land or any person apparently engaged in carrying out the building work or subdivision work
(2)  The regulations may prescribe acts and circumstances that are taken to be included in or excluded from any of the acts or circumstances specified in Column 1 or 2 of the Table to subsection (1).
(3)  An order under item 18 of the Table to subsection (1) may only be given by the Minister or the Director-General.