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In force2022 Revised Edition
Contents

Part · Enforcement

38. Offences of non-compliance with enforcement notice

(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 is 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,

Town and Country Planning is, notwithstanding the earlier compliance with the notice, guilty of an offence.

(3)

A person guilty of an offence under this section is liable on conviction —

(a)

to a fine not exceeding $200,000, imprisonment for a term not exceeding one year or 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.

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