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](/view/html/inforce/current/act-1979-203) 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](/view/html/inforce/current/act-2016-058), > > > > > (b) Crown managed land within the meaning of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058). > > > (9) A person must not fail to comply with an order in force under this section. > > > > Maximum penalty—3,000 penalty units and in addition, in the case of a continuing offence, 300 penalty units for each day the offence continues (in the case of a body corporate) and 1,000 penalty units and in addition, in the case of a continuing offence, 100 penalty units for each day the offence continues (in any other case). > > **s 33:** Am 2021 No 23, Sch 1.12\[7\]; 2022 No 61, Sch 1.5\[3\].