Cap. 623 Art. 23Enforcement notices.

(1) The Authority may issue and serve an enforcement notice where an activity is not compliant with the provisions of this Act and, or regulations made thereunder.

(2) An enforcement notice made under this article shall contain:

(a) a detailed description of the infringements being alleged;

(b) the date on which the notice takes effect;

(c) the instructions to be adhered to for compliance purposes;

(d) the amount of administrative fine, if applicable;

(e) the details of the person who is liable for the detected infringement;

(f) a period within which the Authority may allow the offender to remedy the situation without having to pay the administrative fine;

(g) indication that the notice may be appealed before the Tribunal within twenty (20) days from the date of publication of the notice on the website of the Department of Information and that where the notice orders the cessation of any work, it shall have effect immediately, and the effect of this notice will not be suspended by the lodging of an appeal.

(3) Without prejudice to the other provisions of this article, the instructions to be adhered to for compliance purposes may:

(a) require such steps as may be specified in the notice to be taken within such period as may be so specified for the purposes of ensuring compliance with this Act or regulations made thereunder, and such notice may require:

(i) the removal, alteration or making safe of any structure, service, fitting or equipment; or

(ii) the cessation of any works or the doing of any other thing as may be specified in the notice in relation to the building or works to which the notice relates;

(b) prohibit the use of a building, or a specified part of a building, for any purpose specified in the notice until the specified measures are taken to the satisfaction of the Authority, by the removing, altering or making safe of any structure, service, fitting or equipment or the cessation of any works or by the doing of any other thing in relation to such building or such specified part of a building that may be required by the notice;

(c) prohibit the use or the removal of any type of vehicle, plant or machinery that may contravene any of the provisions of this Act or regulations made thereunder:

Provided that when the illegal activity is limited to part of the site, the Authority may in its discretion issue a partial enforcement notice requiring the immediate cessation of the activity only in relation to that part of the site and not in relation to the whole site.