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](/view/html/inforce/current/act-1979-203) 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). > > > (5) In making an order under subsection (1) the Land and Environment Court is to take into consideration only the following— > > > > > (a) whether the brothel is operating near or within view from a church, hospital, school or any place regularly frequented by children for recreational or cultural activities, > > > > > (b) whether the operation of the brothel causes a disturbance in the neighbourhood when taking into account other brothels operating in the neighbourhood or other land use within the neighbourhood involving similar hours of operation and creating similar amounts of noise and vehicular and pedestrian traffic, > > > > > (c) whether sufficient off-street parking has been provided if appropriate in the circumstances, > > > > > (d) whether suitable access has been provided to the brothel, > > > > > (e) whether the operation of the brothel causes a disturbance in the neighbourhood because of its size and the number of people working in it, > > > > > (f) whether the operation of the brothel interferes with the amenity of the neighbourhood, > > > > > (g) any other matter that the Land and Environment Court considers is relevant. > > > (5A) In making an order under subsection (1B), the Land and Environment Court is to take into consideration only the following— > > > > > (a) the likelihood that the premises will continue to be used for a brothel or will be used for related sex uses (whether or not by a person who is subject to the order under subsection (1)), > > > > > (b) having regard to the kinds of matters considered before granting the order under subsection (1), the effect on the amenity of the neighbourhood of any such use or uses, > > > > > (c) the permitted uses for the land on which the premises are situated under any applicable environmental planning instruments or approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), > > > > > (d) any other matter that the Land and Environment Court considers is relevant. > > > (6) This section extends to premises within an area that is not a local government area, and in that case a reference to a local council is to be read— > > > > > (a) in relation to Lord Howe Island—as a reference to the Lord Howe Island Board, and > > > > > (b) in relation to such part of the land in the Western Division as is not in a local government area—as a reference to a person appointed under subsection (6A), and > > > > > (c) in relation to any other area that is not a local government area—as a reference to the prescribed authority for the area. > > > (6A) The Minister may appoint a person to exercise the functions of a local council for the purposes of this section for land within the Western Division that is not within a local government area. > > > (6B) The Minister may revoke an appointment under subsection (6A) at any time or for any reason. > > > (6C) A person appointed under subsection (6A) (except a person who is an employee of a government sector agency within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040)) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person. > > > (7) In this section— > > > > church, hospital and school have the same meanings as in the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025). > > > > development consent has the same meaning as it has in Division 2A of Part 6 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > > > local council includes a person or body that— > > > > > (a) exercises planning or regulatory functions in respect of the area in which premises are situated, and > > > > > (b) is authorised by the Minister administering the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) to exercise the functions of a local council under this section. > > > > Western Division means that part of the State that is the Western Division within the meaning of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058). > > **s 17:** Ins 1995 No 53, Sch 1 (7). Am 2006 No 58, Sch 1.28; 2007 No 29, Sch 2 \[3\]–\[9\]; 2017 No 17, Sch 4.84 \[1\]–\[3\].