Section 39
of Town and Country Planning Act
Section 39
(1)
Where —
(a)
any requirement of an enforcement notice or an order under section 23(6) is not complied with within the period allowed by the notice or order as the case may be;
(b)
any land is used in contravention of an enforcement notice after the requirements in the notice have been complied with; or
(c)
any works have been carried out by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the requirements of an enforcement notice, the Planning Authority may (with such assistants and workmen as are necessary), at any time, enter the land and take any steps which are in his opinion necessary to secure compliance with the notice or order, as the case may be, including removing, detaining and disposing of any property or materials on the land.
(2)
The costs or expenses incurred, directly or indirectly, by the
Planning Authority in exercise of the powers conferred by subsection (1)
shall be recoverable as a civil debt from any person served with the enforcement notice or order under section 23(6), as the case may be, less such sums which are recoverable under section 40.
(3)
The certificate of the Planning Authority stating the amounts of costs and expenses recoverable under subsection (2) shall be conclusive evidence of such amounts.
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(4)
The sums stated in the certificate of the Planning Authority under subsection (3) shall be secured as a first charge against the land and shall, subject and without prejudice to any other rights of the Government, prevail over all other estates and interests whenever created notwithstanding the provisions of any other written law relating to the registration of any interest or encumbrance over land.
Removal and sale of property and materials 40.
(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.
Injunctions 41.
(1)
Where the Planning Authority considers it necessary or expedient for any actual or apprehended breach of this Act to be restrained by injunction, the Planning Authority may apply to the High Court for an injunction, whether or not he has exercised or is proposing to exercise any of his other powers under this Part.
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(2)
On an application under subsection (1), the High Court need not require from the Planning Authority any undertaking in damages.
(3)
On an application under subsection (1), the High Court may grant such an injunction as the Court thinks fit for the purpose of restraining the breach.
Civil penalties 42.
(1)
The Planning Authority may require a person to pay a penalty for the grant of any written permission for —
(a)
any development of land;
(b)
any subdivision or consolidation of land; or
(c)
any works within a conservation area, in respect of which there appears to the Planning Authority that an offence has been committed, whether or not proceedings have been instituted against any person for an offence under section 23.
(2)
Such a penalty shall not exceed —
(a)
50 times the fee prescribed for an application for written permission, subdivision or consolidation permission, or conservation permission, as the case may be; or
(b)
$150,000, whichever is the lesser amount.
(3)
The certificate of the Planning Authority as to the penalty to be imposed under this section shall be conclusive of the amount.
(4)
No further proceedings shall be instituted or taken against any person for an offence under section 23 once the penalty has been paid.
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