Clause 30

Whenever any owner or occupier is required under this Act to erect or remove any building or thing or to perform any other work and after due notice fails to erect or remove the building or thing or to perform the work within the prescribed time, the Director may make a complaint and the Magistrate’s Court hearing the complaint may make on the owner or occupier a summary order, (hereinafter in this Act referred to as a “mandatory order”) requiring the owner or occupier to execute the required work.

A mandatory order shall require the person to whom it is directed to execute any work which the Court is authorised to require to be executed within a time to be specified in the order and may also require that person to pay to the Director a sum for costs and expenses incurred in obtaining the order.

Any person to whom a mandatory order is addressed who fails to comply with the requirements of the order shall, unless he satisfies the Court that he has used all due diligence to carry out the order, be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars for every day during the non-compliance with the order, and the Court may direct the Director to enter the premises and execute the work so required to be executed and the expenses thereby incurred by the Director shall be paid by the person in default and, if that person is the owner, the provisions of section 41 shall apply to those expenses, and in any other case the provisions of section 39 shall apply thereto.