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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Environmental Planning and
Assessment Amendment (Boarding
Houses) Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Environmental Planning and Assessment
Act 1979 No 203 3
Schedule 2 Amendment of Environmental Planning and Assessment
Regulation 2000 8
Schedule 3 Amendment of Ombudsman Act 1974 No 68 9
b2010-120-12.d18
New South Wales
Environmental Planning and
Assessment Amendment (Boarding
Houses) Bill 2010
No , 2010
A Bill for
An Act to amend the Environmental Planning and Assessment Act 1979 to regulate
the operation of boarding houses and other places of shared accommodation; and for
other purposes.
Environmental Planning and Assessment Amendment (Boarding Houses)
Clause 1 Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Environmental Planning and Assessment Amendment 3
(Boarding Houses) Act 2010. 4
2 Commencement 5
This Act commences 3 months from the date of assent to this Act, unless 6
commenced sooner by proclamation. 7
Page 2
Environmental Planning and Assessment Amendment (Boarding Houses)
Bill 2010
Amendment of Environmental Planning and Assessment Act 1979 No 203 Schedule 1
Schedule 1 Amendment of Environmental Planning 1
and Assessment Act 1979 No 203 2
[1] Section 118B Inspections and investigations 3
Omit "or photographs" from section 118B (e). 4
Insert instead ", photographs, films, audio, video or other recordings". 5
[2] Section 118J In what circumstances can entry be made to a residence? 6
Insert at the end of section 118J (d): 7
, or 8
(e) if the person authorised to enter premises under this 9
Division has reasonable grounds to believe that: 10
(i) the premises concerned are being used for the 11
purposes of a boarding house, or other place of 12
shared accommodation, of a class prescribed by the 13
regulations, and 14
(ii) the use is in contravention of this Act. 15
[3] Section 118J (2) 16
Insert at the end of section 118J (as amended by item [2]): 17
(2) A reference in this section to a use that is in contravention of this 18
Act is a reference to a use that is: 19
(a) in contravention of section 76A (1) or 76B, or 20
(b) in the case of development referred to in Division 10 21
(Existing uses) of Part 4--otherwise in contravention of 22
this Act or the regulations. 23
[4] Section 124AA 24
Omit the section. Insert instead: 25
124AA Evidence of use of premises as place of shared accommodation 26
(1) This section applies to proceedings before the Court under this 27
Act to remedy or restrain a breach of this Act in relation to the use 28
of premises as a boarding house, backpackers' hostel or other 29
place of shared accommodation. 30
Page 3
Environmental Planning and Assessment Amendment (Boarding Houses)
Bill 2010
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
(2) In any proceedings to which this section applies, the Court may 1
rely on circumstantial evidence to find that particular premises 2
are used as a place of shared accommodation. 3
Note. The term "place of shared accommodation" is defined in section 4 4
to include "a boarding house, a common lodging house, a house let in 5
lodgings and a backpackers hostel". 6
Examples of circumstantial evidence include (but are not limited to) the 7
following: 8
(a) evidence of the premises being advertised expressly or implicitly 9
for the purposes of a place of shared accommodation (including 10
advertisements on the premises, on public notice boards, in 11
newspapers, in directories or on the Internet), 12
(b) evidence relating to internal and external signs and notices at the 13
premises (including price lists, notices to occupants and offers of 14
services) that is consistent with the use of the premises as a 15
place of shared accommodation, 16
(c) evidence of the layout of rooms, and the number and 17
arrangement of beds, at the premises that is consistent with the 18
use of the premises as a place of shared accommodation, 19
(d) evidence relating to persons entering and leaving the premises 20
(including the depositing of luggage) that is consistent with the 21
use of the premises as a place of shared accommodation. 22
[5] Section 126A 23
Insert after section 126: 24
126A Penalty--boarding houses and other places of shared 25
accommodation 26
(1) A person who is guilty of an offence involving development for 27
the purposes of a boarding house, or other place of shared 28
accommodation, in contravention of this Act is liable to a 29
maximum penalty of: 30
(a) 10,000 penalty units or (in circumstances of aggravation) 31
6 months imprisonment, or both, and 32
(b) in the case of a continuing offence, a further daily penalty 33
of 1,000 penalty units. 34
(2) For the purposes of this section, a person commits an offence in 35
circumstances of aggravation if the offence caused or contributed 36
to appreciable danger or harm to any persons. 37
(3) A reference in this section to development that is in contravention 38
of this Act is a reference to development that is: 39
(a) in contravention of section 76A (1) or 76B, or 40
Page 4
Environmental Planning and Assessment Amendment (Boarding Houses)
Bill 2010
Amendment of Environmental Planning and Assessment Act 1979 No 203 Schedule 1
(b) in the case of development referred to in Division 10 1
(Existing uses) of Part 4--otherwise in contravention of 2
this Act or the regulations. 3
[6] Sections 156 and 156A 4
Insert before section 157: 5
156 Proof of use of premises as boarding house or other place of 6
shared accommodation 7
In any legal proceedings under this Act, in addition to any other 8
method of proof available, evidence of the alteration of premises 9
in a way that is consistent with the use of those premises for the 10
purposes of a boarding house or other place of shared 11
accommodation is, until the contrary is proved, evidence that the 12
premises are being, or are proposed to be, used for those 13
purposes. 14
Note. See also section 124AA in relation to circumstantial evidence. 15
156A Boarding houses--notification and keeping of Register 16
(1) This section applies to a boarding house in which sleeping 17
accommodation is provided for: 18
(a) 5 or more lodgers, or 19
(b) 3 or more lodgers in any one bedroom. 20
(2) A proprietor of a boarding house to which this section applies 21
must notify the Director-General, in accordance with this section, 22
of the following particulars: 23
(a) the name and address of the proprietor, 24
(b) the address of the boarding house, 25
(c) the number of lodgers residing at the boarding house, 26
(d) the total number of bedrooms provided as sleeping 27
accommodation for those lodgers, 28
(e) such other particulars as may be prescribed by the 29
regulations. 30
Maximum penalty: 330 penalty units (in the case of a 31
corporation) or 65 penalty units (in the case of an individual). 32
(3) The proprietor must notify the Director-General of the particulars 33
referred to in subsection (2): 34
(a) as soon as practicable after the person becomes the 35
proprietor of a boarding house to which this section 36
applies, or 37
Page 5
Environmental Planning and Assessment Amendment (Boarding Houses)
Bill 2010
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
(b) in the case of a person who, on the commencement of this 1
section, is a proprietor of a boarding house--as soon as 2
practicable after that commencement. 3
(4) The Director-General is to keep a Register of Boarding Houses 4
containing the particulars required to be notified to the 5
Director-General under this section. 6
(5) For the purposes of enabling the Director-General to keep the 7
Register up-to-date, the proprietor of any boarding house to 8
which this section applies must notify the Director-General of 9
any change in the particulars referred to in subsection (2), 10
including the date on which the change occurred. The proprietor 11
must notify the Director-General as soon as practicable after the 12
change occurs. 13
Maximum penalty: 330 penalty units (in the case of a 14
corporation) or 65 penalty units (in the case of an individual). 15
(6) If any premises cease to be a boarding house to which this section 16
applies, the person who, immediately before that cessation, was 17
the proprietor of the boarding house must notify the 18
Director-General of that cessation and the date on which it 19
occurred. The person must notify the Director-General as soon as 20
practicable after the cessation occurs. 21
Maximum penalty: 330 penalty units (in the case of a 22
corporation) or 65 penalty units (in the case of an individual). 23
(7) The Director-General is to ensure that the Register is made 24
publicly available in such manner as the Director-General 25
determines. 26
(8) The Director-General may enter into arrangements with councils 27
in relation to the notification scheme provided for by this section. 28
(9) Without limiting subsection (8), any such arrangements may 29
make provision for the collection and disclosure of information 30
by or to the Director-General or to a council for the purposes of 31
this section. 32
(10) The regulations may make provision for or with respect to 33
charging or payment of fees for services provided in connection 34
with this section. 35
(11) This section has effect despite anything to the contrary in the 36
Privacy and Personal Information Protection Act 1998. 37
(12) In this section: 38
Director-General means the Director-General of the Department 39
of Services, Technology and Administration. 40
Page 6
Environmental Planning and Assessment Amendment (Boarding Houses)
Bill 2010
Amendment of Environmental Planning and Assessment Act 1979 No 203 Schedule 1
proprietor of a boarding house means: 1
(a) in the case of a boarding house consisting of premises that 2
are leased--the lessee who is entitled to immediate 3
possession of the premises, or 4
(b) in any other case--the owner of the premises concerned. 5
[7] Schedule 6 Savings, transitional and other provisions 6
Insert at the end of clause 1 (1): 7
Environmental Planning and Assessment Amendment (Boarding 8
Houses) Act 2010 9
Page 7
Environmental Planning and Assessment Amendment (Boarding Houses)
Bill 2010
Schedule 2 Amendment of Environmental Planning and Assessment Regulation 2000
Schedule 2 Amendment of Environmental Planning 1
and Assessment Regulation 2000 2
Schedule 5 Penalty notice offences 3
Omit the matter relating to section 125 (1) of the Act in relation to 4
contravention of section 76A (1). 5
Insert instead: 6
Section 125 (1) of the Act in relation to In the case of development relating to a
contravention of section 76A (1) Class 1 or Class 10 building:
(a) $750 for an individual
(b) $1,500 for a corporation
In the case of development for the
purposes of a boarding house, or other
place of shared accommodation,
consisting of premises of a class
prescribed for the purposes of
section 118J (1) (e) of the Act:
(a) $5,500 for an individual
(b) $11,000 for a corporation
In any other case:
(a) $1,500 for an individual
(b) $3,000 for a corporation
Section 125 (1) of the Act in relation to In the case of development for the
contravention of section 76B by carrying purposes of a boarding house, or other
out development for the purposes of a place of shared accommodation,
boarding house, or other place of shared consisting of premises of a class
accommodation prescribed for the purposes of
section 118J (1) (e) of the Act:
(a) $5,500 for an individual
(b) $11,000 for a corporation
In any other case:
(a) $1,500 for an individual
(b) $3,000 for a corporation
Page 8
Environmental Planning and Assessment Amendment (Boarding Houses)
Bill 2010
Amendment of Ombudsman Act 1974 No 68 Schedule 3
Schedule 3 Amendment of Ombudsman Act 1974 1
No 68 2
Section 30 Annual reports 3
Insert after section 30 (1): 4
(1A) Without limiting subsection (1), the Ombudsman must report on 5
the Ombudsman's work and activities in relation to any 6
complaints made about the conduct of a council, or an authorised 7
officer of a council, in the exercise of powers under 8
section 118J (e) of the Environmental Planning and Assessment 9
Act 1979. 10
Page 9
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