New South Wales Consolidated Acts

DESIGN AND BUILDING PRACTITIONERS ACT 2020 - SECT 89

89 Stop work orders

(1) The Secretary may, by order (a
"stop work order" ) in writing given to either or both of the following persons, order the person to ensure that building work, professional engineering work or specialist work stops--

(a) a person carrying out the work,

(b) the owner of the land on which the work is being carried out.

(2) The Secretary may give a stop work order only if the Secretary is of the opinion that--

(a) the work is, or is likely to be, carried out in contravention of this Act, and

(b) the contravention could result in significant harm or loss to the public or occupiers or potential occupiers of the building to which the work relates or significant damage to property.

(3) A stop work order takes effect on the day it is given to the person who is the subject of the order or on a later day specified in the order.

(4) A stop work order may be unconditional or subject to conditions.

(5) The Secretary may, by written notice given to the person who is subject to a stop work order, impose a condition on the order or revoke or vary a condition of the order.

(6) A stop work order remains in force until one of the following occurs--

(a) the order is revoked by the Secretary,

(b) the term (if any) of the order ends,

(c) the period of 12 months from the day on which the order takes effect ends.

(7) A person must not fail to comply with an order in force under this section.

: Maximum penalty--3,000 penalty units and in addition, in the case of a continuing offence, 300 penalty units for each day the offence continues (in the case of a body corporate) and 1,000 penalty units and in addition, in the case of a continuing offence, 100 penalty units for each day the offence continues (in any other case).