Clause 16

by deleting the word “wilfully” and substituting the words “, whether wilfully or otherwise,”; and

by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsections:“(2) In any proceedings for an offence under subsection (1), it shall be a defence for the person charged under that subsection to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence, but this defence shall not be available to any person who may be liable by virtue of section 56A.(3) If it appears to the Board that there has been a contravention of subsection (1), the Board may, by notice in writing, require any person who has done any of the acts referred to in that subsection or such other person who may be liable under that subsection by virtue of section 56A (referred to in this section as the person in default) to carry out such works as may be necessary to restore the property to its original condition, or to replace it, within such time as may be specified in the notice.(4) If the Board is of the opinion that immediate action is necessary or expedient or that the property cannot be restored by the person in default, the Board may, instead of issuing the notice under subsection (3) —

carry out such works as are necessary to restore the property to its original condition, or replace the property; and (b)recover in a court of competent jurisdiction as a debt due to it all expenses reasonably incurred in doing so from the person in default.(5) If the person to whom a notice is given under subsection (3) fails to comply with the notice within the time specified, the Board may carry out the works specified in the notice in such manner as it thinks fit and recover in a court of competent jurisdiction as a debt due to it all expenses reasonably incurred in doing so from the person in default.(6) Without prejudice to the right of the Board to exercise its powers under subsection (5), any person who, without reasonable excuse, fails to comply with a notice given to him under subsection (3) shall be guilty of an offence.”.