New South Wales Consolidated Acts

RESIDENTIAL APARTMENT BUILDINGS (COMPLIANCE AND ENFORCEMENT POWERS) ACT 2020 - SECT 33

33 Power to order rectification

(1) The Secretary may give an order under this Part to a developer in relation to building work (a
"building work rectification order" ) if the Secretary has a reasonable belief that-

(a) the building work was or is being carried out in a way that could result in a serious defect in a residential apartment building, or

(b) a residential apartment building has a serious defect.

(2) A building work rectification order may require the developer in relation to building work to do one or more of the following to eliminate, minimise or remediate the serious defect-

(a) ensure specified building work is carried out or not carried out,

(b) take other action specified in the order.

(3) A building work rectification order-

(a) is to be made by notice in writing given to the developer, and

(b) may be unconditional or subject to conditions.

(4) Without limiting subsection (3)(b), a building work rectification order may be subject to a condition requiring notification to the Secretary of compliance with the order.

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

(6) A building work rectification 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.

(7) A person is not required to obtain consent or approval under the Environmental Planning and Assessment Act 1979 to carry out work in compliance with a requirement of a building work rectification order.

(8) A building work rectification 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 Land Management Act 2016 ,

(b) Crown managed land within the meaning of the Crown Land Management Act 2016 .

(9) 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).