Section 121B orders


The maximum penalty for breaching or failing to comply with an order issued under s121B  is a fine of $1.1 million and a further fine of $110,000 for each day that the offence is continuing.

The issuing of an order under s121B of the Environmental Planning and Assessment Act 1979 is a key enforcement mechanism for local councils for a whole range of matters from requiring demolition of a building to promoting fire safety awareness.

Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979 contains detailed procedures and requirements for the issuing of enforcement orders by councils. If a council does not precisely comply with these procedures there may be grounds for arguing that a particular order is invalid and cannot be enforced.

If a person is served with a section 121B order and does not comply with the terms of the order within the specified time period, criminal proceedings pursuant to section 125 of the Environmental Planning and Assessment Act 1979 may be commenced.

A person who has received a s121B order may appeal to the Land and Environment Court of NSW and seek to have that order set aside (section 121ZK).

If you have been served with an order under section 121B, or a notice of intention to issue an order under section 121H, or have been charged with failing to comply with a s121B order, schedule an appointment with us to discuss your legal options.

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