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Notices and Orders

Rockdale City Council has authority to issue notices and orders to remedy matters of public health, safety, convenience and amenity.

Most notices and orders are issued under Section 124 of the Local Government Act 1993 and Section 121B of the Environmental Planning and Assessment Act 1979.

Council follows the principles of natural justice and procedural fairness in issuing notices and order.

Emergency Notices and Orders

Sometimes, Council must take urgent action to protect the community and environment, and the necessity of a swift response prevents initial consultation with the relevant parties.

While Council generally issues a notice of intention to issue an order, when quick action is required in the public interest, a notice of intention will not be issued in the lead up.

Situations where this may occur include a risk to life, pollution incidents and food contamination.

Failure to comply

Where a notice or order is not complied with, Council will determine whether to pursue civil or summary legal proceedings.

Hearing of Representations

A person may, in accordance with a notice, make representations concerning a proposed order. Under the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979:

  • the person may be represented by a barrister, solicitor or agent
  • the person who gives the order, or a nominated person is required to hear and consider any representations made.
  • after hearing and considering these representations, it may be determined to give the proposed order, give a modified order, or not give an order at all
  • if the determination is to give an order with modifications, the person who gives the order is not required to give notice of these

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