Contents (1979 - 13)
Coastal Protection Act 1979 No 13
55ZF Failure to comply with order
(1) A person who does not comply with an order under section 55ZA or 55ZB is guilty of an offence.Maximum penalty:(a) in the case of a corporation—4,500 penalty units and 400 penalty units for each day the offence continues, or(b) in any other case—2,250 penalty units and 200 penalty units for each day the offence continues.(1A) A person who does not comply with an order under section 55ZC is guilty of an offence.Maximum penalty:(a) in the case of a corporation—2,250 penalty units and 200 penalty units for each day the offence continues, or(b) in any other case—1,125 penalty units and 100 penalty units for each day the offence continues.(2) It is a defence to a prosecution for an offence under this section if the defendant establishes that the failure to comply with the order concerned was caused by the refusal of an owner of land to give the defendant permission to enter the land to do the act or thing required by the order.(3) If a person does not comply with the requirements of an order under this Part within the time specified (whether that person has been convicted of an offence in respect of the order or not), the Coastal Authority concerned may, where the order required the doing of any act or thing, do the act or thing.(4) Any costs reasonably incurred by the Coastal Authority under subsection (3) may be recovered in a court of competent jurisdiction from the person who is the subject of the order as a debt due to the Coastal Authority.(5) An authorised officer of a Coastal Authority may, for the purposes of doing the act or thing referred to in subsection (3), enter any premises at any reasonable time. However, this section does not empower an authorised officer to enter any part of a building used only for residential purposes without the permission of the occupier.(6) Before an authorised officer enters premises under this section, the Coastal Authority concerned must give the occupier of the premises oral or written notice of the intention to enter the occupier’s premises on a day or within a period of days specified in the notice.(7) The day or any day within the period of days specified must not be the day on which the notice is given.(8) This section does not require notice to be given if entry to the premises is made with the consent of the occupier of the premises.