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In force2022 Revised Edition
Contents

Part · Enforcement

40. Removal and sale of property and materials

(1)

Any property or materials removed and detained by the Planning

Authority in the exercise of his powers under section 39 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 Planning

Authority may impose.

(2)

Any property or materials which have been removed and detained by the Planning Authority under section 39 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 Planning Authority in removing and detaining the property or materials or such part of those expenses as the Planning Authority determines.

(3)

Where the Planning Authority sells any property or materials under subsection (1), the Planning 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 Planning 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.

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