Singapore legislation
Section 16
of Planning Act
Section 16
Enforcement of planning control
(1)
If, in the opinion of the competent authority, any development of land or any works within a conservation area has been carried out in contravention of section 10 or 13 or any condition imposed thereunder, the competent authority may, by notice in writing (referred to in this Act as an enforcement notice), require such measures as are directed in the notice to be taken within such time as is stated in the notice.
(2)
An enforcement notice shall be served on one or more of the following persons:
the owner of the land;
the occupier of the land;
any other person who, in the opinion of the competent authority, was responsible for the contravention of section 10 or 13 or any condition imposed thereunder.
(3)
An enforcement notice shall take effect subject to subsection (7) at the end of such period, not being less than 28 days, after service thereof, as may be specified in the notice except that, where a person appeals against a direction in an enforcement notice or withdraws such an appeal, the notice shall take effect at the end of 28 days from the determination of the appeal or the withdrawal of the appeal, as the case may be.
(4)
Any person aggrieved by any direction given in an enforcement notice may, at any time within the period specified in the notice, appeal to the Minister in the form and manner prescribed by rules made under section 30.
(5)
Where an appeal is made under subsection (4), the Minister may dismiss the appeal, allow the appeal unconditionally or allow the appeal subject to such conditions as he considers fit.
(6)
The decision of the Minister on an appeal, made under subsection (4), shall be final.
(7)
When an appeal is made to the Minister under subsection (4), the enforcement notice shall be of no effect pending the final determination or withdrawal of the appeal.
(8)
Any person who fails to comply with any direction in an enforcement notice by the competent authority, under subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.
(9)
If any person fails to comply with the directions given in an enforcement notice, the competent authority may enter upon the land and take any measures directed by the enforcement notice.
(10)
Any expenses incurred by the competent authority, in exercise of the powers conferred by subsection (9), are a first charge on the holding upon or with respect to which they were expended or are payable.
(11)
The certificate of the competent authority stating the amount of the expense so incurred shall be conclusive evidence of that amount.
(12)
Compliance with an enforcement notice whether in respect of —
the demolition or alteration of any building or works;
the discontinuance of any use of land; or
any other requirements contained in the notice,shall not discharge the notice.
(13)
A person who uses land at any time in contravention of the enforcement notice after the directions in the notice have been complied with shall, notwithstanding compliance with the notice, be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 months or to both.
(14)
Any person who carries out any development on land or any works within a conservation area by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the directions in an enforcement notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 months or to both. [11