Don’t panic!
The first thing you should do is contact the council officer who has given the order and discuss the matter with them. It is unusual for a council to give orders without some forewarning, so the giving of an order is likely to be one of the last resorts of enforcement action a council takes, having explored more amiable avenues with you directly.
Orders can be issued by a council under two different Acts; the Local Government Act 1993 (LG Act) or the Environmental Planning and Assessment Act 1979 (EPA Act).
Orders given under either Act must be preceded by a ‘Notice of Intention to Give an Order’. If you have not received the notice, the order may be invalid.
There are other bases upon which an order can be invalid, including circumstances where the order fails to give reasons, or adequate reasons, for the giving of the order.
The order could also be issued to the wrong person in certain circumstances and may not be enforceable. Either way, you may have the option of appealing the order.
Failure to comply with a duly given order is an offence under both Acts. It is important that you do not ignore an order if one has been given to you. Ultimately, if you have received an order from Council, give us a call and we’ll work out together whether or not the order is valid and worth appealing.
If you would like to know more about the powers of councils, click here to read our article on tendering requirements, or here to read our article on a council’s power to enter onto your land.
Lorri is a director of PDC Law. Lorri combines excellent technical expertise with a common-sense approach to best represent her clients. She is one of few Accredited Specialists in Commercial Litigation in the Illawarra and Shoalhaven. This accreditation is testament to Lorri’s expert knowledge and skill in dealing with commercial disputes. In 2019 Lorri was awarded Regional Lawyer of the Year by Women Lawyers Achievement Awards.
