58Non-compliance under order

58 Non-compliance under order

(1) If a person fails for any reason to comply with an order of the Minister, a direction by the Secretary or an inspector or any notice or other requirement under this Act, an inspector may cause the order, direction, notice or requirement to be carried out.

(2) The Minister may determine that all reasonable costs and expenses incurred by an inspector as a result of the failure of any person to comply with an order, direction, notice or requirement may be recovered by the Minister from—

(a) the person to whom the order, direction or notice was given or of whom the requirement was made; or

(b) any other person who was responsible for that person's failure to comply with the order, direction, notice or requirement.

(3) The Minister must send a copy of a determination under subsection (2) to the person from whom the Minister has determined that the reasonable costs and expenses should be recovered.

S. 58(4) inserted by No. 54/2013 s. 6.

(4) The Minister must send a copy of a determination under subsection (2) to the prescribed owner of land if the determination relates to a failure of an owner or occupier of the land to comply with—

(a) a notice given by the Secretary under section 25 in relation to the land; or

(b) a direction issued by an inspector under section 35 that imposes a requirement on the owner or the occupier of the land to do anything in relation to the land.

S. 58(5) inserted by No. 54/2013 s. 6.

(5) Subsection (4) does not apply if a copy of the determination was sent to the prescribed owner under subsection (3).