I provide the following details in response to your questions:
Councils have powers under section 124 of the Local Government Act 1993 to
issue orders. In particular, Order No 21 requires the owner or occupier of land
or premises issued with the order to do or refrain from doing such things as
are specified in the order to ensure that land is, or premises are, placed or
kept in a safe or healthy condition.
Where a person fails to comply with an order to carry out work, section
678(1) of the Local Government Act allows a council to do all such things
necessary or convenient to give effect to the order and to seek reimbursement
of its costs.
Non-compliance with Order No 21 is an offence under section 628(2) of the
Local Government Act, which attracts a maximum penalty of $2,200 if the matter
proceeds to court. Alternatively, the council can serve a penalty notice of
$330.
These penalties have been in force since 1993.
As the Environmental Planning and Assessment Act 1979 is the primary
legislation dealing with building matters, particularly section 121B, which
allows councils to issue orders, the Honourable Member may wish to seek further
information from the Minister for Planning.
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