Part I - Other Considerations - Richmond Valley Council

Richmond Valley Development Control Plan 2012(b) the Court may make such a finding without any direct evidence that the particularpremises are used as a brothel.(6) However, the presence in any premises of articles or equipment that facilitate or encouragesafe sex practices does not of itself constitute evidence of any kind that the premises are usedas a brothel.Note. Examples of circumstantial evidence include (but are not limited to) the following:(a)(b)(c)(d)evidence relating to persons entering and leaving the premises (including number,gender and frequency) that is consistent with the use of the premises for prostitution,evidence of appointments with persons at the premises for the purposes ofprostitution that are made through the use of telephone numbers or other contactdetails that are publicly advertised,evidence of information in books and accounts that is consistent with the use of thepremises for prostitution,evidence of the arrangement of, or other matters relating to, the premises, or thefurniture, equipment or articles in the premises, that is consistent with the use of thepremises for prostitution.Extract from Restricted Premises Act 1943Part 3 BrothelsSection 16 Disorderly house declaration not to be made solely on grounds thatpremises are a brothelSection 17A declaration under section 3 may not be made in respect of premises solely because of eitheror both of the following:(a) the premises are a brothel,(b) a person having control of or managing, or taking part or assisting in the control ormanagement of, the premises has been concerned in the control or management ofother premises which have been declared to be a disorderly house under this Actsolely because those other premises were a brothel.Application to Land and Environment Court for premises not to beused as brothel(1) The Land and Environment Court may, on application by a local council, make an order that anowner or occupier of premises that are a brothel and that are situated within the area of thecouncil is not to use or allow the use of the premises for the purpose of a brothel.(1A) An order under subsection (1) may also provide that the owner or occupier of the premises isnot to use or allow the use of the premises for specified related sex uses.(1B) The Land and Environment Court may, if it makes an order under subsection (1), also make anorder suspending or varying the operation, for a period not exceeding 6 months, of anydevelopment consent relating to the use of the premises for the purpose of a brothel or the useof the premises for specified related sex uses.(1C) An order under subsection (1B) has effect despite any provision of the Environmental Planningand Assessment Act 1979 or any instrument made under that Act.(2) The local council must not make an application in relation to a brothel unless it is satisfied thatit has received sufficient complaints about the brothel to warrant the making of the application.(2A) For the purposes of subsection (2), one complaint may be sufficient to warrant the making ofan application in the case of a brothel used or likely to be used for the purposes of prostitutionby 2 or more prostitutes.(3) The complaint or complaints must have been made by:(a) residents of the area in which the brothel is situated who live in the vicinity of thebrothel, or(b) residents of the area in which the brothel is situated who use, or whose children use,facilities in the vicinity of the brothel, or(c) occupiers of premises that are situated in the area in which the brothel is situated and(d)in the vicinity of the brothel, orpersons who work in the vicinity of the brothel or persons who regularly use, or whosechildren regularly use, facilities in the vicinity of the brothel.(4) The application must state the reasons why the local council is of the opinion that the operationof the brothel should cease based on one or more of the considerations referred to insubsection (5) (a), (b), (c), (d), (e) or (f).(5) In making an order under subsection (1) the Land and Environment Court is to take intoconsideration only the following:Part I – Other Considerations – Sex Services Premises I.152