Planning and Development Act 2024
|
Offence to fail to comply with notice under section 339 | ||
|
342. (1) A person shall be guilty of an offence where he or she— | ||
(a) fails to comply with a notice served on him or her under section 339 , | ||
(b) fails to comply with an order under subsection (3), or | ||
(c) causes or permits a person to fail to comply with such a notice or order. | ||
(2) In any proceedings for an offence under this section, it shall be a defence for the defendant to show that— | ||
(a) the notice did not comply with the requirements of section 339 , or | ||
(b) he or she took all reasonable steps to secure compliance with the notice served under section 339 . | ||
(3) Where a person— | ||
(a) is convicted of an offence under subsection (1), | ||
(b) is acquitted of an offence under subsection (1) on foot of a defence under paragraph (b) of subsection (2), or | ||
(c) in proceedings for an offence under subsection (1), the court makes an order under subsection (1) of section 1 of the Probation of Offenders Act 1907 in relation to the defendant, | ||
the court may order the person to take all or any of the measures specified in the notice under section 339 within such period as the court shall direct. | ||
(4) Where paragraph (a) of subsection (3) applies, the power of the court to make an order under that subsection is without prejudice to, and in addition to, its power to impose a penalty in respect of the offence. |