New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Community Protection (Closure of
Illegal Brothels) Bill 2006
No , 2006
A Bill for
An Act to amend the Environmental Planning and Assessment Act 1979 to make
provision with respect to the protection of the community from the operation of
illegal brothels; and for related purposes.
Clause 1 Community Protection (Closure of Illegal Brothels) Bill 2006
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Community Protection (Closure of Illegal Brothels) 3
Act 2006. 4
2 Commencement 5
This Act commences on the date of assent. 6
3 Amendment of Environmental Planning and Assessment Act 1979 7
No 203 8
The Environmental Planning and Assessment Act 1979 is amended as 9
set out in Schedule 1. 10
4 Repeal of Act 11
(1) This Act is repealed on the day following the day on which this Act 12
commences. 13
(2) The repeal of this Act does not, because of the operation of section 30 14
of the Interpretation Act 1987, affect any amendment made by this Act. 15
Page 2
Community Protection (Closure of Illegal Brothels) Bill 2006
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
Schedule 1 Amendment of Environmental Planning 1
and Assessment Act 1979 2
(Section 3) 3
[1] Section 4 Definitions 4
Insert in alphabetical order in section 4 (1): 5
brothel has the same meaning as in the Restricted Premises 6
Act 1943. 7
[2] Section 39A 8
Insert after section 39: 9
39A Application of SEPP No 1 in relation to brothels 10
State Environmental Planning Policy No 1--Development 11
Standards does not apply to or in respect of development for the 12
purposes of a brothel. 13
[3] Section 121B What orders may be given by a consent authority? 14
Insert after order No 18 in the Table to section 121B (1): 15
19 To cease using (a) Premises are Owner of premises
premises, or being used for or person by whom
causing premises the purposes of premises are being
to be used, for the a brothel and used for the
purposes of an that use is purposes of a
illegal brothel prohibited brothel
(b) Premises are
being used for
the purposes of
a brothel and
development
consent is
required but has
not been
obtained
[4] Section 121BA 16
Insert after section 121B: 17
121BA Community protection from the operation of illegal brothels 18
(1) In enacting the Community Protection (Closure of Illegal 19
Brothels) Act 2006, Parliament endorses the underlying principle 20
Page 3
Community Protection (Closure of Illegal Brothels) Bill 2006
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
behind the amendments made by that Act, namely, the 1
recognition of the danger to public health and safety caused by 2
the operation of illegal brothels in inappropriate locations within 3
the community. 4
(2) Accordingly, the objects of the amendments made by the 5
Community Protection (Closure of Illegal Brothels) Act 2006 are 6
taken for all purposes to be as follows: 7
(a) to protect the community from the operation of illegal 8
brothels, 9
(b) to encourage the restriction and regulation of brothels 10
under instruments and policies made or adopted by 11
councils, 12
(c) to facilitate the prompt closure of illegal brothels by 13
councils. 14
[5] Section 121D Circumstances in which compliance with secs 121F-121K 15
is required 16
Insert "or No 19" after "No 8" in section 121D (a). 17
[6] Section 121M Period for compliance with order 18
Insert after section 121M (2): 19
(3) An order in the terms of order No 19 in the Table to section 121B 20
must require compliance with its terms within 48 hours after the 21
order is given. 22
[7] Sections 121ZJA and 121ZJB 23
Insert after section 121ZJ: 24
121ZJA Failure to comply with order No 19--council authorised to prevent 25
access to illegal brothels 26
(1) If: 27
(a) a council gives an order in the terms of order No 19 in the 28
Table to section 121B, and 29
(b) the council is satisfied that the order is not being complied 30
with, 31
the council may, at any time while the order is in force, take such 32
action as the council considers necessary or appropriate in order 33
to prevent persons from entering the premises to which the order 34
relates. 35
Page 4
Community Protection (Closure of Illegal Brothels) Bill 2006
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
(2) Without limiting the action that may be taken by a council under 1
subsection (1), the council, or any person acting on behalf of the 2
council, may: 3
(a) enter the premises and secure any door, window or gate in 4
or on the premises, and 5
(b) erect hoardings on or over any such door or window, and 6
(c) change the locks on any such door, window or gate. 7
(3) In taking any action under this section, the council, or any person 8
acting on behalf of the council: 9
(a) may be assisted or accompanied by a police officer, and 10
(b) is not liable for any damage to any property caused as a 11
consequence of the action being taken (so long as the 12
action taken was reasonable in the circumstances). 13
(4) Any reasonable costs incurred by a council in taking any action 14
under this section may be recovered by the council from the 15
person required to comply with the order. 16
(5) A council may take action under this section irrespective of 17
whether the person required to comply with the order has been 18
prosecuted for an offence against this Act. 19
(6) This section does not limit the operation of section 121ZJ. 20
121ZJB Recovery of certain costs 21
If a council gives an order in the terms of order No 19 in the Table 22
to section 121B, any reasonable costs incurred by the council in 23
connection with making the order (including the costs of any 24
investigatory services) may be recovered by the council from the 25
person required to comply with the order. 26
Page 5
[Index] [Search] [Download] [Related Items] [Help]