Clause 14

Every qualified person who is appointed under section 13 in respect of an application for planning permission or conservation permission must —

prepare the plans of the development or works within a conservation area required, by rules made under section 61, to be submitted with the application for planning permission or conservation permission and take all reasonable steps and exercise due diligence to ensure that the plans are prepared in accordance with —

the provisions of this Act;

where applicable, any conditions and requirements imposed by the competent authority in any outline permission or provisional permission for the development or works, or existing written permission, granted in respect of the land; and

all relevant guidelines of the competent authority;

notify the competent authority of any contravention of this Act or non‑compliance with any condition or requirement mentioned in paragraph (a)(ii) or (iii) that the qualified person knows or ought reasonably to know about;

submit to the competent authority a declaration that the qualified person has prepared the plans and that the plans are prepared in accordance with paragraph (a); and

supply a copy of every plan of the development or works approved by the competent authority to the qualified person appointed under section 19A to supervise the development or works.(2) If any qualified person who is appointed under section 13 becomes unwilling or unable, whether by reason of the termination of the qualified person’s appointment or for any other reason, to carry out the qualified person’s duties under this Act, the qualified person must, within 14 days after ceasing to carry out his duties, notify the competent authority of that fact.(3) A qualified person —

who fails to comply with the requirement mentioned in subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and

who fails to comply with the requirement mentioned in subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both,and to an additional fine not exceeding $1,000 for each day or part of a day the qualified person fails to comply with the requirement and, if the failure to comply continues after conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the failure to comply continues after conviction.(4) In any prosecution for an offence under subsection (3) for failing to comply with the requirement to notify a contravention or non‑compliance mentioned in subsection (1)(b), it is a defence for the qualified person charged to prove to the satisfaction of the court that the qualified person did not know and could not reasonably have discovered the contravention or non‑compliance.(5) A qualified person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.Duties of qualified persons appointed to supervise development or works24B.—

Every qualified person who is appointed under section 19A to supervise the carrying out of any development or works must —

take all reasonable steps and exercise due diligence in supervising and inspecting the development or works, as the case may be, to ensure that the development or works are carried out in accordance with —

the provisions of this Act;

the conditions and requirements imposed by the competent authority in the planning permission or conservation permission, as the case may be; and

the relevant plans approved by the competent authority in the grant of planning permission for the development or conservation permission for the works, as the case may be;

notify the competent authority of any contravention of or non-compliance with any provision, condition, requirement or plans mentioned in paragraph (a)(i), (ii) or (iii);

take all reasonable steps to immediately stop or cease the contravention or non‑compliance mentioned in paragraph (b); and

submit to the competent authority such reports and declarations as may be required by the competent authority (other than a declaration required under this section).(2) A qualified person —

who fails to comply with the requirement mentioned in subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; or

who fails to comply with the requirement mentioned in subsection (1)(b), (c) or (d) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.(3) In any prosecution for an offence under subsection (2)(b) for failing to notify or stop the contravention or non‑compliance mentioned in subsection (1)(b) or (c), it is a defence for the qualified person charged to prove to the satisfaction of the court that the qualified person did not know and could not reasonably have discovered the contravention or non‑compliance.(4) A qualified person appointed under section 19A must, within such period as the competent authority may specify in the planning permission or conservation permission or within such extended time as the competent authority may give in writing, submit the qualified person’s declaration to the competent authority that, to the best of the qualified person’s knowledge and belief, the development or works are carried out in accordance with —

the provisions of this Act;

the conditions and requirements imposed by the competent authority in the planning permission or conservation permission, as the case may be; and

the relevant plans approved by the competent authority in the grant of planning permission for the development or conservation permission for the works, as the case may be.(5) Where any qualified person appointed under section 19A becomes unwilling to act or unable, whether by reason of the termination of the qualified person’s appointment or for any other reason, to carry out the qualified person’s duties under this Act, the qualified person must, within 14 days after ceasing to carry out the qualified person’s duties —

notify the competent authority of that fact; and

submit the qualified person’s declaration to the competent authority that, to the best of the qualified person’s knowledge and belief, the development or works carried out during the period of the qualified person’s appointment are in accordance with —

the provisions of this Act;

the conditions and requirements imposed by the competent authority in the planning permission or conservation permission, as the case may be; and

the relevant plans approved by the competent authority in the grant of planning permission for the development or conservation permission for the works, as the case may be.(6) A qualified person —

who fails to comply with the requirement mentioned in subsection (4) or (5)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or

who fails to comply with the requirement mentioned in subsection (5)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.(7) In relation to a continuing failure to comply with the requirement mentioned in subsection (1), (4) or (5) —

the qualified person convicted of an offence under subsection (2) or (6), as the case may be, for that failure shall be liable to an additional fine not exceeding $1,000 for each day or part of a day the qualified person fails to comply with the requirement mentioned in subsection (1), (4) or (5), as the case may be; and

if the failure to comply continues after the conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the failure to comply continues after conviction.False declarations24C.—

A qualified person who makes any declaration required under this Act that is false or misleading in any material particular knowing that, or with reckless disregard as to whether, the declaration is false or misleading in any material particular shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 6 months or to both; or

if the qualified person is a repeat offender, to a fine not exceeding $60,000 or to imprisonment for a term not exceeding 12 months or to both.(2) A qualified person who negligently makes any declaration required under this Act that is false or misleading in any material particular shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 3 months or to both; or

if the qualified person is a repeat offender, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 6 months or to both.(3) In this section, a qualified person is a repeat offender if the qualified person who is convicted, or found guilty, of an offence under subsection (1) or (2) has (whether before, on or after the date of commencement of section 7(c) or 8(i) of the Planning (Amendment) Act 2017) been convicted or found guilty on at least one other earlier occasion of —

an offence under subsection (1) or (2); (b)an offence under section 14A(5) as in force immediately before the date of commencement of section 7(c) of the Planning (Amendment) Act 2017; or

an offence under section 15(3A) as in force immediately before the date of commencement of section 8(i) of the Planning (Amendment) Act 2017.”.