Singapore legislation

Section 29

of Planning Act 1998

Section 29

Appeal to Minister against enforcement notice

(1)

Any person aggrieved by any requirement of an enforcement notice may, at any time before the notice takes effect, appeal to the Minister in the form and manner prescribed.

(2)

Where an appeal is made under this section, the Minister may —

(a)

correct any defect, error or misdescription in the enforcement notice or vary its requirements;

(b)

extend, subject to such conditions as the Minister considers fit, the period specified in the enforcement notice within which any requirement therein is to be complied;

(c)

dismiss the appeal;

(d)

allow the appeal unconditionally; or

(e)

allow the appeal in whole or in part, and subject to such conditions as the Minister considers fit,and the Minister may give such directions as the Minister thinks necessary to give effect to his or her decision on the appeal.

(3)

Without prejudice to the general power of the Minister to impose conditions or give directions under subsection (2), the Minister may require that such security as he or she may think necessary be provided to the competent authority and specify the circumstances in which the security may be forfeited by the competent authority.

(4)

The decision of the Minister under subsections (2) and (3) is final.

(5)

When an appeal is made to the Minister under this section, the enforcement notice is, unless the Minister at any time otherwise directs, of no effect pending the determination or withdrawal of the appeal.

(6)

Except where the Minister decides to allow an appeal unconditionally, the enforcement notice takes effect from the date the appellant is given notice of the decision of the Minister.

(7)

Any forfeiture by the competent authority of any security provided under this section does not prejudice the institution of proceedings against any person for any offence under this Act.