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Environmental Planning and Assessment Act 1979
37Compliance cost notices
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#### 37 Compliance cost notices
37 Compliance cost notices
(cf previous s 121CA)
> > (1) A relevant enforcement authority that gives a development control order to a person may also serve a compliance cost notice on the person.
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> > (2) A compliance cost notice is a notice in writing requiring the person on whom it is served to pay all or any reasonable costs and expenses incurred by the relevant enforcement authority in connection with—
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> > > (a) monitoring action under the development control order, and
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> > > (b) ensuring that the development control order is complied with, and
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> > > (c) any costs or expenses relating to an investigation that leads to the giving of the development control order, and
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> > > (d) any costs or expenses relating to the preparation or serving of the notice of the intention to give the development control order, and
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> > > (e) any other matters associated with the development control order.
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> > (3) A compliance cost notice is to specify the amount required to be paid and a reasonable period within which the amount is to be paid or, if the regulations prescribe the period to be allowed for payment, that period.
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> > (4) The relevant enforcement authority may recover any unpaid amounts specified in a compliance cost notice as a debt in a court of competent jurisdiction.
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> > (5) If the person on whom a compliance cost notice is served complies with the notice but was not the person who was responsible for the situation giving rise to the issue of the notice, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who was responsible.
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> > (6) The regulations may make provision for or with respect to the following—
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> > > (a) the issue of compliance cost notices,
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> > > (b) the form of compliance cost notices,
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> > > (c) limiting the amounts that may be required to be paid under compliance cost notices or the matters in respect of which costs and expenses may be required to be paid under those notices.