Shelter - Hot Topics 57 - Legal Information Access Centre - NSW ...

not demolish a building (where development consent isrequired but has not been obtained);> repair or make structural alterations to a building(where the building is likely to become a danger to thepublic or is dilapidated);> do specified things to ensure fire safety;> comply with a condition of a development consent.In some cases, an occupant – say, a tenant in a buildingwith a dilapidated laundry block – might want thelocal government to make an order against the propertyowner; in other cases, they might want to resist anorder being made. Generally speaking, before makingorders local governments are required to follow therules of procedural fairness, which include notifyingaffected persons of the proposed order and giving theman opportunity to present their case for considerationby the decision-maker. If an order may make a personhomeless, the decision-maker is specifically required toconsider whether the person is able to arrange satisfactoryalternative accommodation in the local area and, if theperson cannot, the decision-maker is required to givethem information about alternative accommodation andfurther assistance. 32fiNdiNg acTS aNd caSeSnsW legislationwww.legislation.nsw.gov.auSelect the Browse A-Z in force option to findNSW Acts, regulations & environmentalplanning instruments (EPIs), including the LocalEnvironmental Plan for your area.commonwealth legislationwww.austlii.edu.auFor current legislation click on Commonwealth onthe left hand side of the home page and then chooseCommonwealth Consolidated Acts to find Acts, orCommonwealth Consolidated Regulations to findRegulations.cases from courts and tribunalswww.austlii.edu.auEither type the case name into the search box, orselect the jurisdiction from the left hand side of thehome page, eg Commonwealth or NSW, and thenselect the court or tribunal where the case was heard.Not all cases are available on AustLII – if you needhelp locating any of the cases mentioned, includingthe early UK cases, contact LIAC (02) 9273 1558.image u navailableSquatting in a closed down hotel in Rushcutters Bay, 1995.Roslyn Sharp.32. Environmental Planning and Assessment Act 1979 (NSW), section 121G.Local governments and shelter 27