Section 51

If, in the opinion of the Authority, any development of land has been carried out in contravention of section 49(1) or any requirement imposed by the Authority under section 49(2)(b) or in breach of any undertaking given under section 49(3), the Authority may, by notice in writing (referred to in this Act as an enforcement notice) direct the owner or occupier of the land or such other person as, in the opinion of the Authority, was responsible for the contravention or breach to take, within a time to be stated in the notice, such measures as are directed by the notice.

An enforcement notice shall take effect, subject to subsection (6), at the end of such period, not being less than 28 days, after service thereof, as may be specified in the notice.

Where a person appeals against a direction in an enforcement notice or withdraws such 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.

A 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 such form and in such manner as the Minister may require.

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 thinks fit.

The decision of the Minister on an appeal, made under subsection (4), shall be final.

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.

Any person who fails to comply with any direction in an enforcement notice by the Authority under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $300 for every day or part thereof during which the offence continues after the date of conviction.

Where a person fails to comply with the directions given in an enforcement notice, an employee of or any other person acting on behalf of the Authority may enter upon the land and take any measures directed by the enforcement notice.

All expenses incurred by the 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.

The certificate of the Authority stating the amount of the expenses so incurred is conclusive evidence of that amount.

A person who uses land at any time in contravention of an enforcement notice after the directions in the notice have been complied with shall, notwithstanding that compliance with the notice, be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

A person who carries out any development on land 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 $5,000 or to imprisonment for a term not exceeding 6 months or to both.[50