S.L. 549.130 Art. 6Necessary action. Costs.

(1) In those cases where the contravener:-

(a) fails to submit the method statement within the time-period imposed by the Authority in accordance with regulation 5(2) and consequently the same method statement is prepared by the Authority; or

(b) submits a method statement which is not to the satisfaction of the Environment and Resources Authority and, where applicable, the Superintendence of Cultural Heritage; or

(c) fails to execute the necessary works authorised by the Authority in the endorsed method statement or fails to complete such works within the time-frame imposed in the endorsed method statement; or

(d) executes works in a manner which is not in accordance with the terms and conditions of the endorsed method statement, the Authority, without prejudice to other legislation, shall have the right to exercise all powers conferred to it by the Act so as to enter the land in question and execute all the works necessary in order to implement the method statement to the satisfaction of the Environment and Resources Authority and the Superintendence of Cultural Heritage.

(2) In cases where the land subject to enforcement action refers to an unknown owner and occupier or land which is Government property and subject to enforcement action which refers to an unknown occupier, the Authority shall be responsible to prepare the appropriate method statement and shall have the same powers conferred to it in terms of sub-regulation (1).

(3) The Authority shall supervise the work and certify compliance in relation to the works carried out.

(4) The Authority may, without prejudice to any other legislation, also impose an administrative fine on the contravener, which fine shall be calculated on the basis of the estimated expenses for the maintenance of the land for the first five (5) years by the Authority in terms of sub-regulation (1).

(5) The costs imposed upon the contravener in instances of non-compliance with these regulations shall include all expenses incurred by the Authority:

(a) planning;

(b) procurement;

(c) ground preparation;

(d) uprooting of alien species, if any;

(e) planting;

(f) irrigation;

(g) weeding;

(h) beating up;

(i) staking of trees; and

(j) any other operation necessary for the successful implementation of the method statement.