Section 21Part 3 — Control of Development of Land
Penalties for failure to comply with certain enforcement notices
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Subject to this section, where an enforcement notice has been served under section 18 on the person who was, when the notice was served on that person, the owner or occupier of the land to which the enforcement notice relates and within the period specified in the enforcement notice, or within such extended period as the Director may allow, any steps required by the enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken, that person commits an offence and is liable on summary conviction to a fine of five thousand dollars and, in the case of a continuing offence, to a further fine of one thousand dollars for every day after the first day during which the requirements of the enforcement notice (other than the discontinuance of any use of land) remain unfulfilled.
If a person against whom proceedings are brought under this section has at some time before the end of the period specified in the enforcement notice for compliance with the notice (or of such extended period as the Director may allow for compliance with the notice) ceased to be the owner or occupier of the land, that person shall, upon information duly laid by that person and on giving to the prosecution not less than three days' clear notice of that person's intention, be entitled to have the person who then became the owner or occupier of the land joined in the proceedings.
If, after it has been proved that any steps required by the enforcement notice have not been taken as aforesaid, the original defendant proves that the failure to take the steps was attributable in whole or in part to the default of the person joined in the proceedings as aforesaid, that person may be convicted of the offence and if the original defendant further proves that the said original defendant took all reasonable steps to secure compliance with the enforcement notice, the said original defendant shall be acquitted of the offence.