I am advised:
- Local council planning powers under the Environmental Planning and
Assessment Act include preparing local environmental plans and development
control plans, assessing development applications for local development,
entering into planning agreements, issuing Part 4A certificates and enforcement
powers including entering and inspecting premises for enforcement purposes and
issuing enforcement orders.
Planning powers under the Local Government Act
include the management of community land, assessing applications for the
carrying out of activities, issuing enforcement orders, and powers in relation
to the acquisition of land.
- Orders can be given under section 121B of the Environmental Planning and
Assessment Act to owners of derelict buildings to demolish or remove a
building, or repair or make structural alterations to a building. Similar
orders can be made under section 124 of the Local Government Act.
- Each individual order must specify a reasonable period within which the
terms of the order are to be complied with.
- Failure to comply with an order is an offence under section 125 of the
Environmental Planning and Assessment Act to be enforced through Court
proceedings. The maximum penalty for an offence under the Environmental
Planning and Assessment Act is 10,000 penalty units ($1.1 million dollars).
Alternatively, councils may impose a fine for certain offences, in accordance
with the Environmental Planning and Assessment Regulation, by issuing a penalty
infringement notice.
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