13Authority may direct relevant entities

13 Authority may direct relevant entities

13 Authority may direct relevant entities

(1) The Authority may, by written notice given to a relevant entity, direct the relevant entity to take any of the following actions (a relevant action)—

(a) to provide assistance to the Authority in the exercise of the Authority’s functions under this Act or another Act,

(b) for a local council—to take certain action in the exercise of—

(i) the council’s functions under the Environmental Planning and Assessment Act 1979, or

(ii) other functions of the council as prescribed by the regulations,

(c) for another planning authority—to take certain action in the exercise of the planning authority’s functions as prescribed by the regulations,

(d) for another relevant entity—to take certain action in the exercise of the relevant entity’s functions as prescribed by the regulations.

(2) The Authority may give a direction to a relevant entity under subsection (1) only if the Authority is satisfied—

(a) the relevant action relates to a disaster or likely disaster, and

(b) the relevant action is necessary to give effect to the primary object of this Act, and

(c) given the nature of the disaster or likely disaster, and its direct or indirect effect on a part of the State, directing the relevant entity to take the relevant action immediately is appropriate in the circumstances.

(3) A relevant entity given a direction under subsection (1) must comply with the direction unless the entity has a reasonable excuse.

Maximum penalty—200 penalty units.

s 13: Am 2023 No 42, Sch 2[1].