Cap. 552 Art. 97Enforcement procedure. Cap. 551.

(1) If it appears to the Executive Council that an activity and, or development is being carried out without the grant of a permission and, or licence required under this Act or that any conditions subject to which such permission was granted in respect of any such activity and, or development are not being complied with or such activity and, or development is against this Act or regulations made under this Act, the Executive Council shall issue a stop notice to any such person carrying out such an activity and, or development: Provided that when the illegal activity and, or development is limited to part of the site, the Authority may in its discretion issue a partial stop notice requiring the activity and, or development to be stopped forthwith only in relation to that part of the activity and, or development to where the illegal development subsists and not in relation to the whole development:

Provided further that no such notice shall be issued for any development carried out before 1967:

Provided further that the Executive Council may issue a warning notice in writing requiring illegal activity and, or development to be stopped forthwith prior to proceeding with the issue of a stop notice, which has to be abided with immediately on notification, provided that only one warning notice may be issued for the same infringement.

(2) A copy of the notices mentioned in sub-article (1) may also be served on any representative, builder, contractor or workman on the site and the Executive Council shall also affix such notices in a prominent position at a point of entry onto the site.

(3) The Executive Council shall, in the case of a stop notice issued under sub-article (1), also inform:

(a) the local council in whose locality the land mentioned in sub-article (1) is found;

(b) the perit responsible for the said works and the site manager, if known, that a stop notice as aforesaid has been issued by the Executive Council: or development of land has been carried out after the coming into force of this Act without the grant of permission required on that behalf under this Act, or that any conditions subject to which such permission was granted in respect of any activity and, or development have not been complied with, the Executive Council may, having regard to the provisions of development plans, planning policies and any other material consideration, serve on the owner of the land or on the occupier of the land or on the person responsible for the acts mentioned in the notice or any combination thereof as the Executive Council deems most expedient, an enforcement notice and sub-article (3) shall also here apply, requiring such steps as may be specified in the notice to be taken within such time as may also be so specified for restoring the land to its condition before the activity and, or development took place or for removing such development 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 demolition or alteration of any buildings or works, the discontinuance of any use of land, or the carrying out on the land of any building or other operations:

Provided that where the Executive Chairperson believes that there is an imminent danger to the environment, an emergency enforcement notice may be served on the above indicated persons without the need of consulting the other members of the Executive Council:

Provided further that an appeal from an emergency enforcement notice or the submission of an application for the retention on land of any buildings, works or development or to sanction the continuance of any use of the land to which the emergency enforcement notice relates shall not stay the operation of the emergency enforcement notice.

(5) The Executive Council shall register all stop notices and all other enforcement notices issued in terms of this Act in the index mentioned in article 57(2), and the provisions of the said article concerning indexing of conservation orders shall mutatis mutandis apply to stop and other enforcement notices in terms of this Act.

(6) Any notice made under this article shall contain a detailed description of the infringements being alleged and where applicable, a site plan indicating the land which is the subject of such a notice shall be annexed thereto together with any additional information as deemed appropriate by the Executive Council to clearly identify the alleged infringements.

(7) A notice under this article may include a combination of a stop notice and enforcement notice and shall be known as a stop and enforcement notice. Moreover a notice given under any of the provisions of this article, other than the immediate request stopping or prohibiting any further work or development or requiring the submitted before the expiry of the period mentioned in sub-article

(7) -

(a) for the retention on the land of any buildings, works or development to which the enforcement notice relates; or

(b) to sanction the continuance of any use of the land to which the enforcement notice relates, the operation of the notice, in respect of any requirement other than a requirement stopping or prohibiting any further activity and, or development or requiring the cessation of a use, shall be suspended pending the final determination of the application. If the permission applied for is granted on that application and it comes into operation, the enforcement notice shall cease ipso jure to have effect.

(9) Any application to regularise an activity or a development or an appeal to the Tribunal from a refusal, may be dismissed forthwith if a requirement in the notice stopping or prohibiting further activity and, or development, or requiring the cessation of a use, has not been complied with and there is evidence to show that the notice has not been complied with during the processing of the application or during the Tribunal sittings, or if any penalty or other payment for which any person has become liable under this Act in respect of the relevant activity or development has not been paid.

(10) The Executive Council may exercise its powers under article 100(1) notwithstanding that a second or subsequent application intended to regularise the illegal activity or development may have been filed with the Planning Board concerning the same or part of the same activity or site, irrespective of whether the said application is filed by the same applicant or by another applicant.

(11) Any person who feels aggrieved by any notice served on him may appeal against it to the Tribunal in terms of the Environment and Planning Review Tribunal Act, in which case the effects of the notice, other than the request stopping or prohibiting any further activity and, or development or requiring the cessation of a use, shall be suspended pending the final determination of the appeal.