34Recovery of expenses by relevant enforcement authority for carrying out work

#### 34 Recovery of expenses by relevant enforcement authority for carrying out work 34 Recovery of expenses by relevant enforcement authority for carrying out work (cf previous s 121ZJ(7)) > > (1) If a relevant enforcement authority takes action under clause 33 to give effect to a development control order by demolishing a building, the authority may remove any materials concerned. > > > (2) The relevant enforcement authority may sell those materials but only if the relevant authority’s expenses in giving effect to the terms of the development control order are not paid to the authority within 14 days after removal of the materials. > > > (3) If the proceeds of such a sale exceed the expenses incurred by the relevant enforcement authority in relation to the demolition and the sale, the relevant authority— > > > > > (a) may deduct out of the proceeds of the sale an amount equal to those expenses, and > > > > > (b) must pay the surplus to the owner on demand. > > > (4) If the proceeds of sale do not exceed those expenses, the relevant enforcement authority— > > > > > (a) may retain the proceeds, and > > > > > (b) may recover the deficiency (if any) together with the authority’s costs of recovery from the owner as a debt. > > > (5) Materials removed that are not saleable may be destroyed or otherwise disposed of. > > > (6) A relevant enforcement authority that carries out work under clause 33 in relation to development for which an amount of security has been provided to the authority— > > > > > (a) may be recompensed for the work from the security if the security is more than the costs of carrying out the work, and > > > > > (b) must pay any surplus remaining to the person entitled to it on demand. > > > (7) Any expenses incurred under this clause by a relevant enforcement authority that gave a development control order, together with all associated costs, may be recovered by the authority in any court of competent jurisdiction as a debt due to the authority by the person required to comply with the order. > > > (8) The expenses are to be reduced by the amount of any proceeds of any sale under this clause or the amount of any security provided in respect of development to which the order relates. > > > (9) Nothing in this clause affects the owner’s right to recover any amount from any lessee or other person liable for the expenses concerned. > > > (10) The recovery of costs and expenses by a relevant enforcement authority under this clause does not include the costs and expenses of court proceedings, but nothing in this clause prevents the authority from receiving costs as between party and party in respect of those proceedings.