Clause 50

If, in the opinion of the Authority, any development of land has been carried out in contravention of subsection (1) of section 48 or any requirement imposed by the Authority under the provisions of paragraph (b) of subsection (2) of section 48 or in breach of any undertaking given thereunder, the Authority may, by notice in writing (in this Act referred to 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 of 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 the provision of subsection (6), at the end of such period, not being less than twenty-eight 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 twenty-eight 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 the provisions of subsection (4), the Minister may dismiss the appeal, allow the appeal unconditionally or allow the appeal subject to such conditions as he deems fit.

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

When an appeal is made to the Minister under the provisions of subsection (4), the enforcement notice is 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 the provisions of subsection (1), shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding five thousand dollars and, in the case of a continuing offence, to a further fine not exceeding three hundred dollars for every day or part thereof during which the offence is continued 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 under this Act and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

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 under this Act and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.