Supplementary provisions as to enforcement notice

(1) Where an enforcement notice takes effect and within the period specified therein or within such extended period as the Authority may allow, any steps required by the notice to be National Integrated 68 taken and have not been taken, the Authority may enter on the land on which the water related activity to which the notice relates is or was carried on and take those steps. (2) Any amount reasonably incurred by the Authority pursuant to subsection (1) of this section may, without limit of amount, be recovered as a simple contract debt in the Magistrate’s Court of the District in which the steps aforesaid were taken, from the person who, (a) being the holder of a licence or consent under this Act, has failed to comply with a condition of the licence or consent affecting water-related activities; or (b) has carried out a water-related activity in respect or which a licence or consent is required under this Act, without a valid licence or written consent. (3) A person who, having been entitled to appeal to the Court under section 88(5) of this Act, fails to make such an appeal shall not be entitled in proceedings under subsection (2) of this section to dispute the validity of the action taken by the Authority upon any ground which could have been raised in such appeal. (4) Any person who uses water or causes or permits water to be used or carries out or causes or permits to be carried out any operations in contravention of enforcement notice commits an offence under this Act.