Environmental Planning and Assessment Act 1979 No 203
Division 9.3 Development control orders
9.34 Orders that may be given
(cf previous s 121B)
(1) The development control orders that may be given under this Act are as follows:(a) general orders in accordance with the table to Part 1 of Schedule 5,(b) fire safety orders in accordance with the table to Part 2 of Schedule 5,(c) brothel closure orders in accordance with the table to Part 3 of Schedule 5.(2) The regulations may amend those tables.(3) A reference in those tables to a planning approval is a reference to a development consent, an approval for State significant infrastructure or a certificate under Part 6 (other than a compliance certificate).Note.See also Part 4 of the Building Products (Safety) Act 2017.
9.35 Relevant enforcement authorities who may give orders
(cf previous ss 121B, 121C)
(1) Development control orders may be given by the following (a):(a) the Minister or the Planning Secretary, but only in connection with State significant development, State significant infrastructure or any other development for which the Minister, the Planning Secretary or the Independent Planning Commission is or has been the consent authority,(b) a council,(c) a consent authority (not being the Independent Planning Commission, a Sydney district or regional planning panel, a council or an accredited certifier), but only in connection with development for which the authority is or has been the consent authority,(d) in the case of fire safety orders (and without limiting the authority of other persons or bodies to give those orders)—the Commissioner of Fire and Rescue NSW or a member of staff of Fire and Rescue NSW, or a member of a permanent fire brigade, who is for the time being authorised by the Minister administering the Fire and Rescue NSW Act 1989 to give fire safety orders (an ),(e) in the case of brothel closure orders (and without limiting the authority of other persons or bodies to give those orders)—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 give brothel closure orders,(f) any other public authority prescribed by the regulations for the purposes of this paragraph, but only in relation to orders under items 1, 3, 7, 10, 12 and 15 of Part 1 of Schedule 5 concerning land owned or managed by the person or body that is within the coastal zone (within the meaning of the Coastal Management Act 2016),(g) the Minister or the Planning Secretary, but only in relation to orders under items 1, 3, 7, 10, 12 and 15 of Part 1 of Schedule 5 concerning land that is within the coastal zone (within the meaning of the Coastal Management Act 2016).(2) A development control order in connection with State significant infrastructure may be given only by the Minister or the Planning Secretary.(3) A development control order cannot be given in respect of the following land unless the written consent of the Minister has first been obtained:(a) vacant Crown land within the meaning of the Crown Lands Act 1989,(b) Crown managed land within the meaning of the Crown Land Management Act 2016,(c) a common within the meaning of the Commons Management Act 1989.(4) A copy of any development control order given by a relevant enforcement authority other than a council is to be provided by that authority to the council for the area concerned.
9.36 Provisions relating to orders
(cf previous s 121B)
Part 4 of Schedule 5 contains provisions relating to the giving of orders and related matters.
9.37 Failure to comply with order—offence
(cf previous s 125)
(1) A person to whom a development control order is given or is taken to have been given must comply with the terms of the order.(2) It is a sufficient defence to a prosecution for an offence against this section if the defendant satisfies the court that the defendant was unaware of the fact that the matter in respect of which the offence arose was the subject of an order.Maximum penalty: Tier 1 monetary penalty.Note 1.For civil enforcement—see Division 9.5.Note 2.Schedule 5 provides that a development control order that is given to a person binds a successor in title or occupation of the land concerned and is taken to have been given to the successor. Information about outstanding orders can be obtained under this Act by prospective successors.