17Application to Land and Environment Court for premises not to be used as brothel

17 Application to Land and Environment Court for premises not to be used as brothel

17 Application to Land and Environment Court for premises not to be used as brothel

(1) The Land and Environment Court may, on application by a local council, make an order that an owner or occupier of premises that are a brothel and that are situated within the area of the council is not to use or allow the use of the premises for the purpose of a brothel.

(1A) An order under subsection (1) may also provide that the owner or occupier of the premises is not to use or allow the use of the premises for specified related sex uses.

(1B) The Land and Environment Court may, if it makes an order under subsection (1), also make an order suspending or varying the operation, for a period not exceeding 6 months, of any development consent relating to the use of the premises for the purpose of a brothel or the use of the premises for specified related sex uses.

(1C) An order under subsection (1B) has effect despite any provision of the Environmental Planning and Assessment Act 1979 or any instrument made under that Act.

(2) The local council must not make an application in relation to a brothel unless it is satisfied that it has received sufficient complaints about the brothel to warrant the making of the application.

(2A) For the purposes of subsection (2), one complaint may be sufficient to warrant the making of an application in the case of a brothel used or likely to be used for the purposes of prostitution by 2 or more prostitutes.

(3) The complaint or complaints must have been made by—

(a) residents of the area in which the brothel is situated who live in the vicinity of the brothel, or

(b) residents of the area in which the brothel is situated who use, or whose children use, facilities in the vicinity of the brothel, or

(c) occupiers of premises that are situated in the area in which the brothel is situated and in the vicinity of the brothel, or

(d) persons who work in the vicinity of the brothel or persons who regularly use, or whose children regularly use, facilities in the vicinity of the brothel.

(4) The application must state the reasons why the local council is of the opinion that the operation of the brothel should cease based on one or more of the considerations referred to in subsection (5) (a), (b), (c), (d), (e) or (f).