Preparation of notice of intention to give an order under EP&A Act

BPB practice advice 13-001 February 2013

Note to readers: practice advice relates to the legislation in force at the time, which may since have been amended. Also, names of organisations and weblinks were correct at time of writing and may have since changed.

This Practice Notice relates to the information that is recommended to be included in the headings of the standard form document titled NOTICE OF INTENTION TO GIVE AN ORDER UNDER ENVIRONMENTAL PLANNING & ASSESSMENT ACT prepared by the Building Professionals Board.

To:

Insert the name and address of the person to whom the proposed order is to be made under s.121B EP&A Act. The person must be of a class of person that the proposed order could be issued to. For example, in the Table in section 121B(1) EP&A Act, Order 4 (To repair or make structural alterations to a building) can only be issued to a person who is the owner of the building.

Subject development:

Include the full street address and the Lot and Deposited Plan Numbers. Briefly provide a description of the subject development e.g. construction of a new two storey dwelling.

Background:

This section should set out the events and circumstances which have led to this Notice being issued to the recipient. Sufficient information should be included to enable the recipient to understand the reason why it was regarded as necessary to issue the Notice and should also adequately identify the aspect of the development that is of concern. It should be kept in mind that the recipient may not be familiar with the events leading up to the issue of the Notice

Proposed order:

In this section:

  1. identify with as much clarity as possible the aspect of the development that requires attention, and
  2. specify the things that the person served must do or refrain from doing. Alternatively, the order may specify the standard that the premises are required to meet and the nature of the work that would satisfy that standard
  3. include the number of the Order from the Table in s.121B(1) of the EP&A Act.

Period for compliance with order:

Insert a reasonable period within which the terms of the proposed order could be complied with.

Representations:

1. Name of person

Insert the appropriate person who is authorised to make the proposed order under section 121B(1) i.e.:

  1. the Minister or Director - General (only in relation to Part 3A developments, state significant developments or developments for which the Minister or Director - General is the consent authority)
  2. a council
  3. any other person who exercises functions as a consent authority.

In most instances the authorised council will be the appropriate person to nominate in this section. Any of the persons in (1), (2) or (3) may nominate another person (e.g. an employee or a committee of persons) to receive submissions (nominated person).

It is recommended that the PCA should endeavour to ascertain the identity of any nominated person for inclusion in the notice. This will assist the recipient of the notice to make contact with the person who is responsible for receiving and considering submissions. If it is not possible to ascertain whether there is a nominated person, the PCA will have no option other than to insert the name of the person in (1), (2) or (3), or the name of the CEO of the relevant authority e.g. the General Manager of the council.

2. Date

The notice should indicate a date for the making of submissions, being a date that is reasonable in the circumstances. Again, it is recommended that the PCA should attempt to ascertain the availability of any nominated person for the purpose of including a date in the notice which is reasonable. In the case of a council, it may be that representations are to be made to a specified meeting date of a specified committee of the council, or to a specified employee of the council on or before a specified date.

3. Address

The notice should indicate the address at which the person receiving the notice should attend for the purpose of making submissions.

Enquiries

Insert the telephone contact details of the PCA and of the person who is authorised to receive representations.