35Enforcement of orders by cessation of utilities

#### 35 Enforcement of orders by cessation of utilities 35 Enforcement of orders by cessation of utilities (cf previous s 121ZS) > > (1) This clause applies in relation to a failure to comply with any of the following development control orders— > > > > > (a) a brothel closure order, > > > > > (b) a stop use order in respect of such classes of residential, tourist or other development as are prescribed by the regulations. > > > (2) In this clause, the Court means the Land and Environment Court and, in relation to a brothel closure order, includes the Local Court. > > > (3) If a person fails to comply with a development control order to which this clause applies, the Court may, on the application of the person who gave the order, make an order (a utilities order) directing that a provider of water, electricity or gas to the premises concerned cease to provide those services. > > > (4) A utilities order is not to be made in respect of a failure to comply with a development control order that is a stop use order unless the Court is satisfied that the failure has caused or is likely to cause a significant adverse impact on health, safety or public amenity. > > > (5) A utilities order may apply to the whole or part of the premises. > > > (6) A utilities order ceases to have effect on the date specified in the utilities order, or 3 months after the order is made, whichever occurs first. > > > (7) An application for a utilities order must not be made unless not less than 7 days notice of the proposed application is given to the following persons— > > > > > (a) any person to whom the development control order was given, > > > > > (b) any provider of water, electricity or gas to the premises who is affected by the application, > > > > > (c) any owner or occupier of the premises. > > > (8) An owner or occupier of premises, or a provider of water, electricity or gas to premises, who is affected by an application for a utilities order is entitled to be heard and represented in proceedings for the order. > > > (9) In determining whether to make a utilities order, the Court is to take into consideration the following matters— > > > > > (a) the effects of the failure to comply with the development control order, > > > > > (b) the uses of the premises, > > > > > (c) the impact of the order on the owner, occupier or other users of the premises, > > > > > (d) whether health, safety or public amenity will be adversely affected by the order, > > > > > (e) any other matter the Court thinks appropriate. > > > (10) A utilities order must not be made for premises, or any part of premises, used for residential purposes unless the regulations authorise the making of a utilities order. > > > (11) A provider of water, electricity or gas must comply with a utilities order, despite any other law or agreement or arrangement applying to the provision of water, electricity or gas to the premises, or part of the premises, concerned. > > > (12) No compensation is payable to any person for any damage or other loss suffered by that person because of the making or operation of a utilities order or this clause. > > > (13) A provider of water, electricity or gas must not, during a period that a utilities order is in force in relation to premises, or part of premises, require payment for the provision of water, electricity or gas services to the premises or part of the premises (other than services related to the implementation of the order). > > > (14) The Court may make a utilities order when it determines an appeal against a development control order, if subclauses (7) and (8) have been complied with.