Rectification work is:

• work to ensure compliance with the conditions of a development approval; or
• work required to remedy the effects of a controlled activity in cases where a controlled activity order had been issued requiring the remedial work but this order was not complied with  work to ensure compliance with a development approval or the conduct of an activity under a controlled activity order that was not carried out within the period stated under the order.

Direction to carry out rectification work

The Authority can direct a lessee or occupier or anyone by whom or on whose behalf a controlled activity was or is being conducted to carry out rectification work. It is an offence to contravene a direction to carry out rectification work.

Authorised persons

The Authority may authorise a person to enter a place, subject to a notice, to carry out the work required by the notice if the work has not been completed by the time specified in the notice. However, an authorised person may only enter a premise to carry out rectification work with the consent of the occupier and authorisation cannot be given until any appeal period in relation to the notice expires or, if an application for review is made to the Administrative Appeals Tribunal, until the decision is upheld by the Administrative Appeals Tribunal or the application is withdrawn.

Work carried out by an authorised person must be in accordance with the directions of an inspector. Anything removed from the premise that is not required to be returned may be disposed of.

Recovery of costs

The Territory may recover the reasonable cost of any rectification work carried out by an authorised person. The Authority can determine circumstances when a lessee may defer payment of the cost of rectification work (wholly or partly). A lessee can apply for deferral of part or all costs of rectification work or the Authority can declare this of its own initiative.

The Authority must lodge a declaration with the Registrar–General for registration and give a copy of the declaration to the lessee and anyone else with an interest in the leasehold. The Territory is taken to be a person claiming an interest in the leasehold and the registration creates a charge over the leasehold. This type of registered charge does not give a power of sale.

Once the cost has been fully paid, the charge is discharged upon registration of revoking a deferral declaration. The lessees of charged leasehold are liable separately and together for the payment of the charge. A registered charge does not give a power of sale over the leasehold to which it relates.