73Directions by approval authorities

73 Directions by approval authorities

73 Directions by approval authorities

(1) This section applies to building work for which an approval authority is appointed.

(2) If the approval authority becomes aware of non-compliance or potential non-compliance in the building work, the approval authority—

(a) if required by the regulations—must give a written notice to the person responsible for carrying out the building work, or

(b) otherwise—may give a written notice to the person responsible for carrying out the building work.

(3) The written notice must—

(a) identify the non-compliance or potential non-compliance, and

(b) direct the person to take specified action within a specified period to remedy or prevent the non-compliance.

(4) The person given the notice must not, without reasonable excuse, fail to comply with the directions in the notice.

Maximum penalty—

(a) for an individual—300 penalty units, or

(b) otherwise—1,500 penalty units.

(5) If a direction in a notice is not complied with within the period specified in the notice, the approval authority must, within the time prescribed by the regulations—

(a) lodge a copy of the notice on the NSW planning portal, and

(b) include particulars about the direction that has not been complied with.

(6) The regulations may provide for the following—

(a) the circumstances in which a notice is required to be given,

(b) the procedure for giving a notice,

(c) requirements in relation to follow-up action,

(d) requirements for lodging notices on the NSW planning portal,

(e) the keeping of documents in relation to notices given and follow-up action taken,

(f) requirements for specified persons to be notified of a matter or document relating to a notice or follow-up action.