33ACompletion order

33A Completion order

[Section 33A Inserted by No. 29 of 2020, s. 6, Applied:17 Nov 2020]

(1)  If –

(a) an order is made by the Appeal Tribunal under section 33 (the original order); and

(b) the work required by the original order has not been completed within the time specified in the order –

the affected landholder to whom the original order relates may apply to the Appeal Tribunal, not less than 14 days after the time specified in the original order for completion of the work, for an order under subsection (2) .

(2)  On application under subsection (1) by an affected landholder, the Appeal Tribunal, if it is satisfied that the work required by the original order to which the application relates has not been completed within the time specified in the order, may –

(a) order that the affected landholder, and any employee, agent or contractor of the affected landholder, may enter onto the land on which is situated the plant to which the original order relates and carry out any work necessary to give effect to the original order; and

(b) order that the affected landholder may recover as a debt, from the owner of the land on which the plant to which the original order relates is situated, the reasonable expenses of carrying out the work and the costs of making the application under this section.

(3)  An application made under subsection (2) is to be accompanied by –

(a) a copy of the original order; and

(b) the prescribed fee, if any.

(4)  The chairperson of the Appeal Tribunal may waive, reduce or refund all or part of the fee payable under subsection (3)(b) by a person if the chairperson is satisfied that paying all or part of the fee may cause financial hardship to the person.