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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Community Protection (Illegal Brothels)
Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Environmental Planning and Assessment
Act 1979 No 203 2
Schedule 1 Amendment of Environmental Planning and Assessment
Act 1979 3
b01-407-p01.835
New South Wales
Community Protection (Illegal Brothels)
Bill 2001
No , 2001
A Bill for
An Act to amend the Environmental Planning and Assessment Act 1979 to make
provision with respect to the protection of the community from the operation of
illegal brothels, and for related purposes.
Clause 1 Community Protection (Illegal Brothels) Bill 2001
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Community Protection (Illegal Brothels) Act 2001. 3
2 Commencement 4
This Act commences on the date of assent. 5
3 Amendment of Environmental Planning and Assessment Act 1979 6
No 203 7
The Environmental Planning and Assessment Act 1979 is amended as 8
set out in Schedule 1. 9
Page 2
Community Protection (Illegal Brothels) Bill 2001
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
Schedule 1 Amendment of Environmental Planning 1
and Assessment Act 1979 2
(Section 3) 3
[1] Section 4 Definitions 4
Insert in alphabetical order in section 4 (1): 5
brothel has the same meaning as in the Disorderly Houses 6
Act 1943. 7
[2] Section 39A 8
Insert after section 39: 9
39A Application of SEPP No 1 in relation to brothels 10
State Environmental Planning Policy No 1--Development 11
Standards does not apply to or in respect of development for 12
the purposes of a brothel. 13
[3] Section 121B What orders may be given by a consent authority? 14
Insert after order No 17 in the Table to section 121B (1): 15
18 To cease using (a) Premises are being Owner of premises or 16
premises for the used for the purposes person by whom
purposes of an illegal of a brothel and that premises are being
brothel use is prohibited used for the purposes
(b) Premises are being of a brothel
used for the purposes
of a brothel and
development consent
is required but has
not been obtained
Page 3
Community Protection (Illegal Brothels) Bill 2001
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
[4] Section 121BA 1
Insert after section 121B: 2
121BA Community protection from the operation of illegal brothels 3
(1) In enacting the Community Protection (Illegal Brothels) Act 4
2001, Parliament endorses the underlying principle behind the 5
amendments made by that Act, namely, the recognition of the 6
danger to public health and safety caused by the operation of 7
illegal brothels in inappropriate locations within the 8
community. 9
(2) Accordingly, the objects of the amendments made by the 10
Community Protection (Illegal Brothels) Act 2001 are taken for 11
all purposes to be as follows: 12
(a) to protect the community from the operation of illegal 13
brothels, 14
(b) to encourage the restriction and regulation of brothels 15
under instruments and policies made or adopted by 16
councils, 17
(c) to facilitate the prompt closure of illegal brothels by 18
councils. 19
[5] Section 121D Circumstances in which compliance with secs 121F121K 20
is required 21
Insert "or No 18" after "No 8" in section 121D (a). 22
[6] Section 121M Period for compliance with order 23
Insert after section 121M (2): 24
(3) An order in the terms of order No 18 in the Table to section 25
121B must require compliance with its terms within 48 hours 26
after the order is given. 27
Page 4
Community Protection (Illegal Brothels) Bill 2001
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
[7] Section 121ZJA 1
Insert after section 121ZJ: 2
121ZJA Failure to comply with order No 18--council authorised to 3
prevent access to illegal brothels 4
(1) If: 5
(a) a council gives an order in the terms of order No 18 in 6
the Table to section 121B, and 7
(b) the council is satisfied that the order is not being 8
complied with, 9
the council may, at any time while the order is in force, take 10
such action as the council considers necessary or appropriate in 11
order to prevent persons from entering the premises to which 12
the order relates. 13
(2) Without limiting the action that may be taken by a council 14
under subsection (1), the council, or any person acting on 15
behalf of the council, may: 16
(a) enter the premises and secure any door, window or gate 17
in or on the premises, and 18
(b) erect hoardings on or over any such door or window, 19
and 20
(c) change the locks on any such door, window or gate. 21
(3) In taking any action under this section, the council, or any 22
person acting on behalf of the council: 23
(a) may be assisted or accompanied by a police officer, and 24
(b) is not liable for any damage to any property caused as a 25
consequence of the action being taken (so long as the 26
action taken was reasonable in the circumstances). 27
(4) A council may take action under this section irrespective of 28
whether the person required to comply with the order has been 29
prosecuted for an offence against this Act. 30
(5) This section does not affect the operation of section 121ZJ. 31
Page 5
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