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Environmental Planning and Assessment Act 1979 No 203
Current version for 5 December 2019 to date (accessed 16 December 2019 at 10:58)
9.5 Enforcement of undertakings
(cf previous s 117C)
(1) The Planning Secretary may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the Minister, the Planning Secretary or a public authority has a function under this Act.(2) The person may withdraw or vary the undertaking at any time, but only with the consent in writing of the Planning Secretary. The consent of the Planning Secretary is required even if the undertaking purports to authorise withdrawal or variation of the undertaking without that consent.(3) The Planning Secretary may apply to the Court for an order under subsection (4) if the Planning Secretary considers that the person who gave the undertaking has breached any of its terms.(4) The Court may make all or any of the following orders if it is satisfied that the person has breached a term of the undertaking—(a) an order directing the person to comply with that term of the undertaking,(b) an order directing the person to pay to the State an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach,(c) any order that the Court thinks appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach,(d) an order requiring the person to prevent, control, abate or mitigate any actual or likely damage to the built or natural environment caused by the breach,(e) an order requiring the person to make good any actual or likely damage to the built or natural environment caused by the breach,(f) any other order the Court considers appropriate.(5) A public authority may recommend that the Planning Secretary accept an undertaking under this section that the public authority has negotiated with a person proposing to give the undertaking in connection with a function of the public authority under this Act. The Planning Secretary may delegate to the public authority the function of applying to the Court for an order under subsection (4) in relation to the undertaking.