On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 23/01/1998.
PART IV
ENFORCEMENT
25.
—(1) Where it appears to the competent authority that there may have been a breach of planning control in respect of any land, he may serve an information notice on any person who —
(a)
is an owner or occupier of the land or has any other interest in the land; or
(b)
is carrying out operations on the land or is using the land for any purpose.
(2) An information notice may require the person on whom it is served to give such information as may be specified in the notice relating to —
(a)
any operations being carried out on the land, any use of the land and any other activities being carried out on the land; and
(b)
any matter relating to the conditions subject to which any planning permission or conservation permission in respect of the land has been granted.
(3) In particular, an information notice may require the person on whom it is served —
(a)
to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land;
(b)
to state when any use, operations or activities began;
(c)
to give the name and address of any person known to him to use or have used the land for any purpose, or to be carrying out or have carried out any operations or activities on the land;
(d)
to give any information he holds as to any planning permission or conservation permission for any use or operations or any reason for planning permission or conservation permission not being required for any use or operations;
(e)
to state the nature of his interest (if any) in the land and the name and address of any other person known to him to have an interest in the land.
(4) An information notice shall be complied with by giving the required information in writing to the competent authority.
(5) The service of an information notice does not affect any other power exercisable in respect of any breach of planning control.
(6) In this section, any reference to operations or activities on land shall include a reference to operations or activities in, under or over the land, and includes works in a conservation area.
26.
—(1) If the person on whom an information notice is served does not comply with the notice at the end of 21 days from the day the notice was served on him, he shall be guilty of an offence.
(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that he did not know, and could not with reasonable diligence have ascertained, the information required in the information notice.
(3) If any person —
(a)
makes any statement purporting to comply with a requirement of an information notice which he knows to be false or misleading in a material particular; or
(b)
recklessly makes such a statement which is false or misleading in a material particular,
he shall be guilty of an offence.
(4) Any person who is guilty of an offence under this section shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
27.
—(1) The competent authority may, at any reasonable time, enter any land for the purpose of —
(a)
ascertaining whether there is, or has been, a contravention of this Act;
(b)
ascertaining whether any of the functions conferred by this Act on the competent authority or the Minister should or may be exercised; or
(c)
taking any action or carrying out any work authorised or required by or under this Act.
(2) The competent authority may take photographs of the land and any property or material found thereon and such other steps as he may consider necessary without involving any search or seizure of any premises, thing or person.
(3) The occupier of any premises shall, if required by the competent authority —
(a)
give his name and address;
(b)
provide proof of his identity; and
(c)
give the name and address of the owner of the premises, if known.
(4) Any person who wilfully obstructs the competent authority in the performance of any matter or thing which he is authorised to do by this section or fails to comply with the requirement under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(5) A police officer may arrest without warrant any person who has committed or whom he reasonably suspects to have committed an offence under subsection (4) —
(a)
if the person declines to give his name and address; or
(b)
if there is reason to doubt the accuracy of the name and address, if given.
(6) A person arrested under this section may be detained until his name and address are correctly ascertained except that no person so arrested shall be detained longer than is permitted by written law and is necessary for bringing him before a court unless the order of a court for his detention is obtained.
28.
—(1) The competent authority may issue an enforcement notice where it appears to him that there has been a breach of planning control.
(2) An enforcement notice shall specify the steps the competent authority requires to be taken, or the activities on or the use of the land he requires to cease, in order to remedy (wholly or partly) the breach of planning control or to remedy any injury to any amenities caused by the breach.
(3) An enforcement notice may, in particular, require —
(a)
the alteration, demolition or removal of any building or works;
(b)
the carrying out of any building or other operations;
(c)
the cessation, either wholly or to the extent specified in the notice, of any activity on or use of the land; or
(d)
the removal from the land of all property and materials used in connection with the breach of planning control.
(4) Where the enforcement notice relates to unauthorised works in a conservation area, the notice may also include —
(a)
a requirement to restore any building on the land to its former state;
(b)
if the competent authority considers that such restoration is not reasonably practicable or undesirable, a requirement to execute such works as he may specify in the notice to alleviate the effect of the unauthorised works; or
(c)
a requirement to bring any building to the state in which it would have been if the terms and conditions of any conservation permission granted in respect of the building had been complied with.
(5) An enforcement notice shall specify —
(a)
the date on which it is to take effect, which shall not be less than 14 days from the date of service of the notice; and
(b)
the period (which shall run from the date the enforcement notice takes effect) within which any step required by the notice shall be taken or any activity on or the use of the land required by the notice to cease shall cease.
(6) A copy of an enforcement notice may be served on any one or more of the following:
(a)
any owner of the land to which it relates;
(b)
any occupier of that land; or
(c)
any other person who appears to the competent authority to have been responsible for or participated in the breach of planning control.
(7) An enforcement notice shall continue to have effect until and to the extent that the notice is —
(a)
superseded by a grant of planning permission or conservation permission under section 14;
(b)
superseded by a notification under section 21(6); or
(c)
withdrawn by the competent authority.
(8) Compliance with the requirements of an enforcement notice, whether in respect of —
(a)
the completion, demolition, removal or alteration of any building or works;
(b)
the discontinuance of any activity on or use of the land; or
(c)
in any other manner,
shall not discharge the notice.
(9) Except by way of an appeal to the Minister under section 29, the validity of an enforcement notice shall not be questioned in any court or proceedings whatsoever.
29.
—(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 he 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 he considers fit,
and the Minister may give such directions as he thinks necessary to give effect to his 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 may think necessary be furnished 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) shall be final.
(5) When an appeal is made to the Minister under this section, the enforcement notice shall, unless the Minister at any time otherwise directs, be of no effect pending the determination or withdrawal of the appeal.
(6) Except where he decides to allow an appeal unconditionally, the enforcement notice shall take 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 furnished under this section shall not prejudice the institution of proceedings against any person for any offence under this Act.
30.
—(1) Where there has been a failure to comply with any requirement of an enforcement notice in relation to any land, the person who is served with the enforcement notice shall be guilty of an offence.
(2) Any person who —
(a)
uses land in contravention of the enforcement notice after the requirements in the notice have been complied with; or
(b)
carries out any works by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the requirements in an enforcement notice,
shall, notwithstanding the earlier compliance with the notice, be guilty of an offence.
(3) A person guilty of an offence under this section shall be liable on conviction —
(a)
to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part thereof during which the offence continues after conviction.
31.
—(1) Where —
(a)
any requirement of an enforcement notice or an order under section 12(5) is not complied with within the period allowed by the notice or order, as the case may be;
(b)
any land is used in contravention of the enforcement notice after the requirements in the notice have been complied with; or
(c)
any works have been carried out by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the requirements in an enforcement notice,
the competent authority may at any time enter the land and take any steps which are in his opinion necessary to secure compliance with the notice or order, as the case may be, including removing, detaining and disposing of any property or materials on the land.
(2) The costs or expenses incurred, directly or indirectly, by the competent authority in exercise of the powers conferred by subsection (1) shall be recoverable as a civil debt from any person served with the enforcement notice or order under section 12(5), as the case may be, less such sums which are recoverable under section 32.
(3) The certificate of the competent authority stating the amounts of costs and expenses recoverable under subsection (2) shall be conclusive evidence of such amounts.
(4) The sums stated in the certificate of the competent authority under subsection (3) shall be secured as a first charge against the land and shall, subject and without prejudice to any other rights of the Government, prevail over all other estates and interests whenever created notwithstanding the provisions of any other written law relating to the registration of any interest or encumbrance over land.
32.
—(1) Any property or materials removed and detained by the competent authority in the exercise of his powers under section 31 may be sold or otherwise disposed of unless a claim is made by the person to whom the property or materials belong within 2 weeks of the removal, in which case the property or materials may, subject to subsection (2), be returned to the person to whom they belong on such terms and conditions as the competent authority may impose.
(2) Any property or materials which have been removed and detained by the competent authority under section 31 shall not be returned to the person to whom they belong except upon the person having paid all the expenses incurred, directly or indirectly, by the competent authority in removing and detaining the property or materials or such part of those expenses as the competent authority determines.
(3) Where the competent authority sells any property or materials under subsection (1), the competent authority shall be entitled to deduct from the proceeds of the sale all or any of the costs and expenses incurred, directly or indirectly, by the competent authority in respect of the removal, detention and sale of the property or materials and the balance, if any, shall be paid on demand to the person to whom the property or materials belong.
(4) Any proceeds of sale of property or materials under this section not claimed within 2 years of the sale shall be paid into the Consolidated Fund.
33.
—(1) Where the competent authority considers it necessary or expedient for any actual or apprehended breach of this Act to be restrained by injunction, he may apply to the High Court for an injunction, whether or not he has exercised or is proposing to exercise any of his other powers under this Part.
(2) On an application under subsection (1), the High Court need not require from the competent authority any undertaking in damages.
(3) On an application under subsection (1), the High Court may grant such an injunction as the Court thinks appropriate for the purpose of restraining the breach.
34.
—(1) The competent authority may require a person to pay a penalty for the grant of any written permission for —
(a)
any development of land;
(b)
any works within a conservation area; or
(c)
any subdivision of land,
in respect of which there appears to the competent authority that an offence has been committed, whether or not proceedings have been instituted against any person for an offence under section 12.
(2) Such a penalty shall not exceed —
(a)
50 times the fee prescribed for an application for planning permission, conservation permission or subdivision permission, as the case may be; or
(b)
$150,000,
whichever is the lesser amount.
(3) The certificate of the competent authority as to the penalty to be imposed under this section shall be conclusive of the amount.
(4) No further proceedings shall be instituted or taken against any person for an offence under section 12 once the penalty has been paid.