Enforcement notices

(1) Without prejudice to the provisions of sections 30 to 34, if the Commissioner or any person to whom section 3 of this Act applies is of the opinion that any person is contravening the terms and conditions of any grant, lease or licence, or is willfully failing to comply with any frontage lines as provided in section 24 or any high water mark boundary as provided in section 28, or is otherwise contravening any other provisions of this Act or any Regulations made thereunder, the Commissioner or such other person may serve an enforcement notice on the person. (2) An enforcement notice shall– (a) state the opinion of the Commissioner or the person referred to in section 3 in relation to the alleged breach, contravention or violation as provided in sub-section (1); (b) specify the matters constituting the breach, contravention or violation, or the matters related or incidental thereto; (c) specify the steps that must be taken to remedy the breach, contravention or violation; (d) specify, subject to any time periods provided in this Act or any Regulations made thereunder, the time period within which the steps referred to in paragraph (c) must be taken by the person alleged to be committing the breach, contravention or violation, as the case may be. (3) A copy of the enforcement notice shall be served– (a) on the proprietor, lessee or occupier of the land to which it relates; and (b) on any other person, including an agent or attorney-at-law of the proprietor, lessee or 22 occupier having an interest which, in the opinion of the Commissioner or the person referred to in section 3, is materially affected by the notice. (4) An enforcement notice may, notwithstanding any provision of this Act to the contrary, require– (a) the suspension or cancellation of any licence, lease, permit, grant or approval granted or issued under this Act or Regulations made thereunder; (b) the stopping or shutting down of any activity or thing either permanently or for a specified period; (c) the cessation of the construction or operation of any activity or thing until the Commissioner or the person referred to in section 3 is satisfied that the activity or thing will be constructed or operated in accordance with this Act or any Regulations made thereunder; (d) the specification of the measures that must be taken in order to effect compliance with this Act or Regulations made thereunder; (e) the alteration or removal of any buildings or waste; or (f) any activity on the land, including the expulsion of squatters from the land, to be carried out or not to be carried out, and the extent to which the activity is to be or not to be carried out. (5) The Commissioner or the person referred to in section 3 may, in the enforcement notice, order the immediate cessation 23 of the offending activity if he is of the opinion that the circumstances giving rise to the notice are such as to warrant an order to that effect.