Development Planning Act (Cap. 552), article 100

100. (1) If any steps or other action, including any discontinuance, stoppage or similar requirement, required to be taken by an enforcement notice have not been taken within the time specified therein, the Executive Council may enter on the land or the area at sea and take such steps or other action as aforesai d 68 [CAP. 552. DEVELOPMENT PLANNING without any other formalities required by any other law, includ ing the disabling or removal of any equipment, machinery, tools, belongings, vehicles or other objects that may be on site and the carrying out of any works necessary to comply with what is requested in the enforcement notice and may for such purpose request the assistance of the Police Force, any local council, any department of Government or any agency of Government, and the Police Force and, or Armed Forces shall for such purpose exercise such powers as are vested in them at law, on the demand of the Executive Council for assistance. (2) Where the removal of an illegal development involves by strict necessity the removal also of a development which is not illegal, the Executive Council may proceed to remove also such other development, the removal of which is strictly necessary as aforesaid. Cap. 319. (3) Notwithstanding the provisions of any other law and saving the provisions of article 46 of the Constitution and article 4 of the European Convention Act, no precautionary act may be issued by any court against the Authority restraining it from the exercise of the powers conferred upon it by this article. (4) Subject to the provisions of, or regulations made under, thi s Act, when an enforcement notice has not been appealed and the owner or the occupier of the land subject to an enforcement not ice or any person responsible for the acts mentioned in the notice, fails to comply with the said enforcement notice within the period therein prescribed, such person shall be liable to a daily fine to be regulated by regulations made by the Minister, not being more t hat fifty euro (€50) per day which shall apply from the date that s uch illegality mentioned in the notified enforcement notice continu es. When the notice has been appealed and the enforcement is confirmed by the Tribunal or the Court of Appeal (Inferior Jurisdiction), as the case may be, the daily fine for continuation of illegality shall be calculated from the original date notified in the enforcement notice: Provided that the Minister may by regulation prescribe different dates from which daily fines shall be calculated. (5) All expenses reasonably incurred by the Executive Council in the exercise of its powers under this article, or any other amount due to the Authority under any other provision of this Act or regulations made thereunder shall be recoverable as a civil debt by the Authority from the present owner of the land, or from any occupier of the land, or from any person responsible for the acts mentioned in the notice, including a notice of payment, or an applicant, subject to such right of recovery such person may have against any other person. The Aut hority shall not be liable for any damages as a result of the exercise of its powers under this ar ticle, unless it is proved that such damage resulted from gross neglig ence on the part of the Authority, its officers and agents. The Auth ority, in its discretion, can dispose of the objects constituting the illegality or illegalities, without any other formalities whatsoever if the objects remain unclaimed within seven days. (6) Where the Authority desires to sue for the recovery of a DEVELOPMENT PLANNING [CAP. 552. 69 debt due to the Authority under any law or regulation which it is entitled to enforce, the Executive Chairperson or an officer of the Authority duly authorised by the Executive Chairperson to act o n his behalf, may make a declaration on oath before the Court Registrar or before any other officer authorised to administer the oath in judicial matters, wherein he states the nature of the d ebt and the name of the debtor and confirm that it is due. (7) The declaration referred to in sub-article (6) shall be serv ed upon the debtor by means of a judicial act and it shall have th e same effect as a final judgement of the competent court unless the debtor shall, within a period of twenty days from service upon him of the said declaration, oppose the claim by filing an applicat ion demanding that the court declares the claim unfounded. (8) The application filed in terms of sub-article (7) shall be served upon the Authority, which shall be entitled to file a re ply within a period of twenty days. The court shall appoint the application for hearing on a date after the lapse of that period. (9) Any debts due to the Authority shall be prescribed by the lapse of the period of five years from the date on which the de bt was due. Procedure to apply to certain types of development.