Offence where enforcement notice not complied with

(1) Where, at any time after the end of the period for compliance 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 being carried on, the person who is then the owner or occupier of the property is in breach of the notice. (2) Where the owner or occupier of the property is in breach of the notice, he commits an offence and is liable on summary conviction to a fine not exceeding twenty five thousand dollars or to five years imprisonment, or to both such fine and term of imprisonment. (3) In proceedings against any person for an offence under sub-section (2), it shall be a defence for him or her to show that he did everything he or she could be expected to do 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 (other than the owner) 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 end of the period for compliance with the notice, contravenes sub-section (4), commits an offence and is liable to a fine not exceeding twenty thousand dollars or to five years imprisonment, or both such fine 55 and imprisonment, and if the offence is continued, he or she commits a further offence and is liable to a fine of five thousand dollars for every day the offence continues. (6) An offence under sub-section (2) or (5) 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 of such an offence.