33Power to order rectification

33 Power to order rectification

33 Power to order rectification

(1) The Secretary may give an order under this Part to a developer in relation to building work (a building work rectification order) if the Secretary has a reasonable belief that—

(a) the building work was or is being carried out in a way that could result in a serious defect in a residential apartment building, or

(b) a residential apartment building has a serious defect.

(2) A building work rectification order may require the developer in relation to building work to do one or more of the following to eliminate, minimise or remediate the serious defect—

(a) ensure specified building work is carried out or not carried out,

(b) take other action specified in the order.

(3) A building work rectification order—

(a) is to be made by notice in writing given to the developer, and

(b) may be unconditional or subject to conditions.

(4) Without limiting subsection (3)(b), a building work rectification order may be subject to a condition requiring notification to the Secretary of compliance with the order.

(5) The Secretary may, by written notice given to a developer who is subject to a building work rectification order, impose a condition on the order or revoke or vary a condition of the order.

(6) A building work rectification order remains in force until one of the following occurs—

(a) the order is revoked by the Secretary,

(b) the term (if any) of the order ends.

(7) A person is not required to obtain consent or approval under the Environmental Planning and Assessment Act 1979 to carry out work in compliance with a requirement of a building work rectification order.

(8) A building work rectification order cannot be given in respect of the following land unless the written consent of the Minister has first been obtained—

(a) vacant Crown land within the meaning of the Crown Land Management Act 2016,