sec.176Enforcement orders

### sec.176 Enforcement orders After hearing offence proceedings, a Magistrates Court may make an order (an enforcement order ) for the defendant to take stated action within a stated period. to stop carrying out development to demolish or remove development to restore, as far as practicable, premises to the condition the premises were in immediately before development was started to do, or not to do, another act to ensure development complies with a development permit if the court reasonably believes works are dangerous, to repair or rectify the works, to secure the works, or to fence the works off to protect people to stop a stated use of premises to apply for a development permit The enforcement order may be in terms the court considers appropriate to secure compliance with this Act. The order may require the defendant to provide security for the reasonable cost of taking the stated action. An enforcement order must state the period within which the defendant must comply with the order. An enforcement order may be made under this section in addition to the imposition of a penalty or any other order under this Act. A person must not contravene an enforcement order. Maximum penalty—4,500 penalty units or 2 years imprisonment. Unless a court orders otherwise, an enforcement order, other than an order to apply for a development permit— attaches to the premises; and binds the owner, the owner’s successors in title and any occupier of the premises. If the enforcement order does attach to the premises, the defendant must ask the registrar of titles, by notice given within 10 business days after the order is made, to record the making of the order on the register for the premises. Maximum penalty—200 penalty units. A person may apply to the court for an order (a compliance order ) that states the enforcement order has been complied with. If a person gives a notice that a compliance order has been made, and a copy of the compliance order, to the registrar of titles, the registrar must remove the record of the making of the enforcement order from the appropriate register. If the enforcement order is not complied with within the period stated in the order, the enforcement authority may— take the action required under the order; and recover the reasonable cost of taking the action as a debt owing to the authority from the defendant. A notice given to the registrar of titles under this section must— be in the form approved by the registrar under the Land Title Act ; and be accompanied by the titles registry fee under the Land Title Act for the notice. s 176 amd 2021 No. 12 s 148 sch 3 (sec.176-ssec.1) After hearing offence proceedings, a Magistrates Court may make an order (an enforcement order ) for the defendant to take stated action within a stated period. to stop carrying out development to demolish or remove development to restore, as far as practicable, premises to the condition the premises were in immediately before development was started to do, or not to do, another act to ensure development complies with a development permit if the court reasonably believes works are dangerous, to repair or rectify the works, to secure the works, or to fence the works off to protect people to stop a stated use of premises to apply for a development permit (sec.176-ssec.2) The enforcement order may be in terms the court considers appropriate to secure compliance with this Act. The order may require the defendant to provide security for the reasonable cost of taking the stated action. (sec.176-ssec.3) An enforcement order must state the period within which the defendant must comply with the order. (sec.176-ssec.4) An enforcement order may be made under this section in addition to the imposition of a penalty or any other order under this Act. (sec.176-ssec.5) A person must not contravene an enforcement order. Maximum penalty—4,500 penalty units or 2 years imprisonment. (sec.176-ssec.6) Unless a court orders otherwise, an enforcement order, other than an order to apply for a development permit— attaches to the premises; and binds the owner, the owner’s successors in title and any occupier of the premises. (sec.176-ssec.7) If the enforcement order does attach to the premises, the defendant must ask the registrar of titles, by notice given within 10 business days after the order is made, to record the making of the order on the register for the premises. Maximum penalty—200 penalty units. (sec.176-ssec.8) A person may apply to the court for an order (a compliance order ) that states the enforcement order has been complied with. (sec.176-ssec.9) If a person gives a notice that a compliance order has been made, and a copy of the compliance order, to the registrar of titles, the registrar must remove the record of the making of the enforcement order from the appropriate register. (sec.176-ssec.10) If the enforcement order is not complied with within the period stated in the order, the enforcement authority may— take the action required under the order; and recover the reasonable cost of taking the action as a debt owing to the authority from the defendant. (sec.176-ssec.11) A notice given to the registrar of titles under this section must— be in the form approved by the registrar under the Land Title Act ; and be accompanied by the titles registry fee under the Land Title Act for the notice. - • to stop carrying out development - • to demolish or remove development - • to restore, as far as practicable, premises to the condition the premises were in immediately before development was started - • to do, or not to do, another act to ensure development complies with a development permit - • if the court reasonably believes works are dangerous, to repair or rectify the works, to secure the works, or to fence the works off to protect people - • to stop a stated use of premises - • to apply for a development permit - (a) attaches to the premises; and - (b) binds the owner, the owner’s successors in title and any occupier of the premises. - (a) take the action required under the order; and - (b) recover the reasonable cost of taking the action as a debt owing to the authority from the defendant. - (a) be in the form approved by the registrar under the Land Title Act ; and - (b) be accompanied by the titles registry fee under the Land Title Act for the notice.