New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 628

628 Failure to comply with order

(1) A person who fails to comply with an order given to the person under Part 2 of Chapter 7 that is an order in the terms of any of orders Nos 1, 3, 5 and 7-12 in the Table to section 124 is guilty of an offence.

: Maximum penalty--50 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).

(1A) A person who fails to comply with an order given to the person under Part 2 of Chapter 7 that is an order in the terms of any of orders Nos 15, 16 or 17 in the Table to section 124 is guilty of an offence.

: Maximum penalty--100 penalty units (in the case of an individual) or 200 penalty units (in the case of a corporation).

(2) A person who fails to comply with an order given to the person under Part 2 of Chapter 7 that is an order in the terms of any of orders Nos 18-25 or 27-29 of the Table to section 124 is guilty of an offence.

: Maximum penalty--20 penalty units.

(3) A person who fails to comply with an order given to the person under Part 2 of Chapter 7 that is an order in the terms of order No 30 in the Table to section 124 is guilty of an offence.

: Maximum penalty--The same penalty as the penalty imposed for carrying out the activity the subject of the approval otherwise than in accordance with the approval.

(4) A person who fails to comply with an order given to the person under section 125 to abate a public nuisance is guilty of an offence.

: Maximum penalty--20 penalty units.

(5) It is a sufficient defence to a prosecution for an offence to which this section applies if the defendant satisfies the court that the defendant was unaware of the fact that the activity in respect of which the offence arose was the subject of an order under Part 2 of Chapter 7.