New South Wales Consolidated Acts

RESIDENTIAL APARTMENT BUILDINGS (COMPLIANCE AND ENFORCEMENT POWERS) ACT 2020 - SECT 41

41 Occupier of land may be required to permit developer to carry out work

(1) If the Secretary gives a building work rectification order, the Secretary may order the occupier of any land to permit the developer to carry out specified work on the land, being work that is, in the Secretary's opinion, necessary to enable the requirements of this Act or the regulations or of any building work rectification order to be complied with.

(2) An occupier of land on whom an order under this section is served must, within 28 days after the order is served, permit the developer to carry out the work specified in the order.

(3) An occupier of land must not, without reasonable excuse, refuse or fail to comply with an order in force under this section.

: Maximum penalty--1,000 penalty units (in the case of a body corporate) or 200 penalty units (in any other case).

(4) If an order under this section is in force, the developer is not guilty of an offence arising from the developer's failure to comply with the requirements of this Act or the regulations, or of any building work rectification order, that is caused by the occupier of the land refusing to permit the developer to carry out the work specified in the order.

(5) Subsection (4) applies only if the developer satisfies the Court that the developer has, in good faith, tried to comply with the requirements concerned.