Offence where enforcement notice not complied with

(1) Where, at any time after the end of the period for compliance not with an enforcement notice, any step required by the notice to be taken has not been taken or any activity required by the notice to cease is carried on, the person who is then the proprietor, lessee or occupier of the property is in breach of the notice. (2) Where the proprietor, lessee or occupier of the property is in breach of the notice as provided in sub-section (1), he commits an offence and liable on summary conviction to a fine not exceeding five thousand dollars or to five years imprisonment, or to both such fine and period of imprisonment. (3) In proceedings against any person for an offence under sub-section (2), it shall be a defence for him to show that he did all within his power to secure compliance with the notice. (4) A person who has control of, or an interest in, the land to which an enforcement notice relates shall not carry on any activity which is required by the notice to cease or permit such an activity to be carried on. (5) A person who, at any time before the period of compliance with the notice, contravenes sub-section (4) commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or to five years imprisonment, or to both such fine and period of imprisonment, and if the offence continues after conviction, to a further fine of five hundred dollars for each day the offence continues. (6) An offence under sub-section (2) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under the sub- section in question by reference to any period of time following the preceding conviction for such an offence.