COUNCIL ORDER FLOW CHART (NSW) This is a flowchart outlining the recommended steps to take when issued with a council order or a notice of intention to issue a council order. Note: this flow chart refers to orders made under s 121B of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) and includes fire safety orders, repair and structural alteration orders and orders to cease activities on a premises. 28 days to start merits review proceedings (s 121ZK of EPA Act) STEP 1 STEP 2 Council issues notice of intention to issue order. (s 121H of EPA Act) EGM for Owners Corporation to pass resolution to appeal the council order. (please see sample resolution overleaf ) STEP 3 Engage relevant expert (fire safety or building expert) to address concerns raised. STEP 4 Council issues order. (s 121B of EPA Act) NEED HELP? Consider merits review in the Land and Environment Court (s 121ZK of EPA Act) STEP 5b 3 months to start judicial review proceedings (r 59.10 of Uniform Civil Procedure Rules 2005) Time between notice of intention and order at discretion of council (s 121H of EPA Act) STEP 5a Consider judicial review in the Land and Environment Court (s 20(2) Land and Environment Court Act 1979) STEP 6 KB and expert engage collaboratively with Council to reach an out-of-court resolution Order must specify a reasonable time to comply. (s 121H of EPA Act) Please Contact: Chris Kerin at Kerin Benson Lawyers, Level 8, 65 York St, Sydney NSW 2000 Ph: 02 8706 7060 Email: [email protected] Web: http://www.kerinbensonlawyers.com.au SAMPLE RESOLUTION TO BE PASSED AT EGM RESOLVED: that the owners corporation provide full authority to the executive committee to take any steps, including the seeking of legal advice or services and the commencement of court proceedings pursuant to section 80D of the Strata Schemes Management Act 1996, in relation to any council order issued, or which will be issued, by [insert name] Council (the Council Order). The sole condition on the exercise of this authority is that the executive committee use reasonable endeavours to seek to obtain a resolution of the Council Order on the most advantageous terms available, taking into account all the circumstances including the advice of its experts and legal advisers. Other than this condition, the executive committee has no limit on the above authority and may enter into and execute on behalf of the owners corporation any document required to resolve the Council Order. NEED HELP? Please Contact: Chris Kerin at Kerin Benson Lawyers, Level 8, 65 York St, Sydney NSW 2000 Ph: 02 8706 7060 Email: [email protected] Web: http://www.kerinbensonlawyers.com.au