Notices and Orders
Notices and orders are enforcement options available to local councils in response to a statutory breach by individuals and/or companies. Orders and notices are written and enforceable directions that specify the terms and actions required to be complied with and undertaken by the alleged offender. There may be an administrative fee payable attached to the issuing of the order or notice depending on the relevant applicable legislation.
Why do Councils use Notices & Orders?
Orders and notices are useful enforcement options because they formalise the action that needs to be taken by specifying exactly when, how and what needs to done. They also require minimal to zero legal fees if not appealed and set an enforceable legal framework that have offence provisions with significant penalties if they are not compiled with.
Limitations
On the other hand, notices and orders can be time consuming to create, enforce and require resources from council to monitor ongoing compliance with the notices and orders. In some cases, orders may be easily appealed, especially orders issued under section 9.34 of the Environmental Planning and Assessment Act 1979 (“EPA&A Act”) which can further increase the length of the prosecution and add to legal costs.
Powers and Functions
There are a number of different Acts which empower a local council to give or issue statutory notices such as the EPA&A Act, the Local Government Act 1993, the Protection of the Environment Operations Act 1997, the Swimming Pools Act 1992, the Food Act 2003 and the Companion Animals Act 1998.
Examples of Notices & Orders
Prevention notices can be issued by local councils to address more systemic pollution and waste management problems. The primary types of prevention notices that can be issued include clean-up notices, prohibition notices, compliance cost notices, smoke abatement notices, noise control notices and notices to provide information and records.
Per section 9.34 of the EPA&A Act, local councils are provided with the power to issue development control orders in particular circumstances. For instance, local councils may issue a Stop Use Order which requires the person issued with the order to stop using the premises or to stop conducting an activity on the premises.
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