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Environmental Planning and Assessment Act 1979 No 203
Historical version for 9 June 2009 to 30 June 2009 (accessed 5 July 2020 at 05:38) Current version
121ZR Special provisions relating to brothel closure orders
(1) Definitions In this section and section 121ZS:brothel closure order means an order No 1 or No 15 under the Table to section 121B (1) to cease using premises as a brothel or in respect of the use of premises as a brothel, whether or not the order also prohibits the premises from being used for, or relates to the use of the premises for, any related sex uses.related sex uses means the following:(a) the use of premises for the provision of sexual acts or sexual services in exchange for payment,(b) the use of premises for the provision of massage services (other than genuine remedial or therapeutic massage services) in exchange for payment,(c) the use of premises for the provision of adult entertainment involving nudity, indecent acts or sexual activity if the entertainment is provided in exchange for payment or if the entertainment is ancillary to the provision of other goods or services.(2) Natural justice requirements not applicable A person who gives a brothel closure order is not required to comply with sections 121G–121K.Note.Sections 121G–121K provide, among other things, for notice of proposed orders. Sections 121L and 121N apply to brothel closure orders and provide for reasons for an order to be given to the person to whom an order is given as well as information about appeal rights.(3) Additional prohibitions may be included A brothel closure order may also prohibit the use of the premises for specified related sex uses, if the use of the premises for the specified uses is a prohibited development or a development for which development consent is required but has not been obtained.(4) Additional persons to whom order may be given In addition to any other person to whom a brothel closure order may be given, a brothel closure order may be given to any person apparently in control of or managing, or assisting in the control or management of, the brothel.(5) Period for compliance A brothel closure order must specify a period of not less than 5 working days within which the order must be complied with.Note.An appeal against a brothel closure order may be made under section 121ZK.(6) Additional persons or bodies that may make brothel closure orders In addition to the persons specified by section 121B, a brothel closure order may be made by a person or body exercising planning or regulatory functions in respect of the area in which the premises are situated and authorised by the Minister to make brothel closure orders.(7) Defences It is a sufficient defence to a prosecution for an offence that arises from a failure to comply with a brothel closure order if the defendant satisfies the court that:(a) if the defendant is the owner of the premises, the defendant has taken all reasonable steps to evict the persons operating the brothel or using the premises for the specified related sex uses, or(b) in all cases, the defendant has taken all reasonable steps to prevent the use of the premises as a brothel or for the specified related sex uses.(8) Appeals Regulations may be made for or with respect to the following matters:(a) the conferral of jurisdiction on Local Courts with respect to appeals against brothel closure orders,(b) removing the right to appeal under section 121ZK if an appeal is made to a Local Court against a brothel closure order under the regulations,(c) the conferral of jurisdiction on the Land and Environment Court with respect to appeals from decisions of a Local Court on appeals against brothel closure orders,(d) the modification of provisions of the Crimes (Appeal and Review) Act 2001 for the purposes of appeals referred to in paragraph (c).(9) Section prevails over Division This section has effect despite any other provision of this Division.Note.Failure to comply with a brothel closure order is an offence (see section 125).