Posted on March 14, 2011 by Stuart Simington
Compliance Cost Notice Provisions Have Commenced
Councils and other issuing authorities may now recover their reasonable costs of monitoring and ensuring compliance with orders given under s121B of the Environmental Planning and Assessment Act 1979. The amendments commenced on 25 February 2011.
To recover these costs, a compliance cost notice must be given by the person who gave the order.
The costs that may be recovered include reasonable costs and expenses incurred in connection with:
- monitoring action required under the s121B order, or
- ensuring that the order was complied with.
Costs which may not be recovered are costs and expenses of an investigation leading up to the giving of the order, or costs and expenses relating to the preparation or service of the compliance cost notice.
A notice will need to set out details of the costs and expenses claimed including details of the tasks undertaken, the hours spent completing the tasks, the salary rates of the persons who undertook the tasks and any relevant out of pocket expenses.
A person served with a compliance cost notice may appeal against the notice. If a person fails to comply with the notice, the issuing authority can recover the unpaid amount as a debt due to the issuing body.
It is not clear how widely the compliance cost provisions will be utilised by Councils and other issuing authorities.