Cap. 549 Art. 76Compliance procedure.

(1) If it appears to the Authority that an activity is being carried out without the grant of an authorisation required under this

Act or that any conditions subject to which such authorisation was granted in respect of any such activity are not being complied with or such activity is in contravention to this Act or regulations made under this Act, or if an activity is causing environmental damage or is contrary to subsidiary environmental legislation, the Authority may issue stop orders to any such person carrying out such an activity, or on the owner of the land or on the occupier of the land, or on all, as the Authority deems most expedient, requiring the activity to be stopped forthwith: Provided that the Authority may issue a partial stop order requiring work or activity to be stopped forthwith only in relation to that part of the activity to which the order applies and not in relation to the whole activity: Provided further that an official may verbally order activities to stop, and such verbal stoppage orders are to be considered as legally valid and effective for the successive three days following the issuing of the verbal stoppage order. Such stoppage orders would cease to be valid if the Authority does not either deliver a copy of a signed stop order at an address (postal or digital) that would have to be given to the compliance officer by the person responsible for the activity or affix the stop order at the site of the activities, by the end of the third day following the issuing of the verbal stoppage order:

Provided further that if it eventually transpires that the activity should not have been stopped, the Authority or any of its officers shall not be liable for any damages incurred, unless such stoppage was prima facie and manifestly unjustified: Provided also that the Authority is not to await the passage of three days prior to informing the owner or occupier or person responsible, if the stoppage order can be lifted and the activity can continue.

(2) A copy of the order or notice mentioned in sub-article (1) which includes an activity relating to a site, may also be served on any representative on the site and the Authority may also affix such notice in a prominent position at a point of entry onto the site.

(3) If it appears to the Authority that any activity has been carried out after coming into force of this Act without the grant of authorisation required in that behalf under this Act, or that any conditions subject to which such authorisation was granted in respect of any activity have not been complied with, the Authority may, having regard to the provisions of legislation and any other material consideration, serve on the owner of the land or on the occupier of the land or on who was responsible for the unauthorised activity or on all as the Authority deems most expedient a compliance order, requiring such steps as may be specified in the compliance order to be taken within such time as may also be specified for remedial action to restore the situation and, or the land to its condition before the activity took place or for removing the resultant consequences of the activity or for securing compliance with the conditions aforesaid, as the case may be; and in particular, but without prejudice to the generality of the aforesaid any such notice may, for the purpose aforesaid, require the removal of objects and substances, the demolition or alteration of any works or buildings, the discontinuance of any operations or uses, and remedial action to counteract the effects of the unauthorised activities: Provided that where the Authority believes that there is an imminent danger to the environment, an emergency order, which is effective immediately, may be served on the above indicated persons:

Provided further that an appeal from an emergency order or the submission of an application for an authorisation on the land to which the emergency order relates shall not stay the effect of the emergency order or the Authority from executing it.

(4) The Authority shall register all stop and all compliance orders in an index held for that purpose which identifies the site subject to that order. The said index shall be held in an electronic form in such a way that researches to determine whether a site is subject to an order may be carried out.

(5) Any order made under this article shall contain a detailed description of the infringements and where deemed appropriate, a site plan indicating the land which is the subject of such an order shall be annexed thereto.

(6) An order given under any of the foregoing provisions of this article shall:

(a) in respect of any requirement stopping or prohibiting further activity or requiring the cessation of a use, take effect immediately upon service of the notice in terms of sub-article (1) notwithstanding that an application for an authorisation for the activity referred to in the order has been submitted or an appeal has been lodged against the order; and

(b) in respect of any other requirement, shall take effect at the expiration of such period (being not less than fifteen days and not more than thirty days after service thereof) as may be specified therein.

(7) Any application to regularise an activity may be dismissed forthwith if officers establish that a requirement in the order stopping or prohibiting further activity or requiring the cessation of a use, has not, both prior or during the pendency of the application, been complied with or in all cases where any penalty or other payment for which any person has become liable under this Act in respect of the relevant activity has not been paid.

(8) The Authority may exercise its powers under article 77(1) notwithstanding that a second or subsequent application intended to regularise the illegal activity may have been filed with the Authority concerning the same or part of the same activity, irrespective of whether the said application is filed by the same applicant or by another applicant.

(9) Any person who feels aggrieved by any order served on him may, within fifteen days from the service of the order, appeal before the Tribunal and on any such appeal the Tribunal:

(a) if satisfied that an authorisation was granted under this Act, or under any other law which preceded this Act regulating the activity in question, for the activity to which the order relates, or that no such authorisation was required in respect thereof, as the case may be, and that the conditions subject to which such authorisation was granted have been complied with, shall quash the order to which the appeal relates or such part thereof in respect of which the Tribunal is satisfied as aforesaid;

(b) in any other case, shall dismiss the appeal.

(10) The appellant shall submit to the Tribunal together with his appeal under sub-article (9) a copy of all relevant authorisations, other permits or other relevant information in terms of which an authorisation has been granted to carry out the activity mentioned in the order served on him which is the subject of the appeal proceedings; and if the Tribunal is satisfied that no such authorisation exists, in terms of which and in terms of the conditions of which the activity could have been carried out, or that any authorisation had expired, the Tribunal shall forthwith dismiss the appeal.

(11) If before an appeal under sub-article (9) is lodged or during the pendency of such appeal, the appellant submits to the Authority an application for an authorisation regarding the activity mentioned in the order, the Tribunal shall dismiss the appeal if it is satisfied that the said application is intended to regularise the activity mentioned in the order.

(12) Where an appeal under sub-article (9) is dismissed, the Tribunal may direct that, in respect of any requirement, other than a requirement stopping or prohibiting any further activity or requiring the cessation of a use, the order shall not come into force until such date, being a date not earlier than fifteen days after the determination of the appeal, as the Tribunal thinks fit.

(13) The Tribunal may correct any defect or error in the compliance order provided that the appellant shall be given sufficient time to prepare and put forward his case.

(14) Where the illegal activity is being carried out at sea the provisions of this article shall apply in such manner that any reference therein to the owner of the land or the occupier of the land shall be deemed to be a reference to the person carrying out the activity, and any reference to land shall be deemed to be a reference to the area at sea where the activity occurs.