(1) Where it appears to the Head of the Physical Planning and Development Division that—
(a) any development of land has been carried out after this Act comes into force without the grant of permission required under Part 3; or
(b) the developer has not complied with any condition subject to which permission was granted in respect of any development,
the Head of the Physical Planning and Development Division may, if it appears to be expedient to do so having regard to the provisions of the development plan for the area, if any, and to any other material considerations—
(i) in a case to which paragraph (a) applies, within 4 years of the development being carried out, or
(ii) in a case to which paragraph (b) applies, within 4 years of the date of the alleged failure to comply with the condition,
serve an enforcement notice on the owner and the occupier of the land and any other person who has a registered interest in the land.
(2) An enforcement notice shall specify the development that is alleged to have been carried out without the grant of permission or the matters in respect of which it is alleged that the development does not comply with the conditions subject to which permission was granted, as the case may be, and may require such steps as may be specified in the notice to be taken within such period as may be specified for restoring the land to its condition before development took place or for securing compliance with the conditions, as the case may be.
(3) An enforcement notice shall be served no less than 14 days before it takes effect and, except as otherwise provided in this section, shall take effect at the expiration of such period as may be specified therein.
(4) The fact that the Head of the Physical Planning and Development Division fails to serve an enforcement notice on either one of the persons mentioned in subsection (1) shall not invalidate any proceedings under the enforcement notice against the other one of those persons.
(5) When, before the enforcement notice takes effect, an application is made to the Head of the Physical Planning and Development Division for permission for—
(a) the retention on land of any buildings or works to which the enforcement notice relates; or
(b) the continuance of any use of the land to which the enforcement notice relates,
the operation of the enforcement notice shall be suspended pending the determination of that application and, if the permission applied for is granted by the Head of the Physical Planning and Development Division, the enforcement notice shall not take effect.
(6) When, before the enforcement notice takes effect, an appeal is made to the court under section 38 by a person on whom the enforcement notice was served, the operation of the enforcement notice shall be suspended pending the final determination or withdrawal of the appeal.
(7) Compliance with an enforcement notice shall not discharge the enforcement notice.
(8) The Head of the Physical Planning and Development Division may at any time revoke an enforcement notice without prejudice to the power to serve another enforcement notice in respect of the same alleged breach of the provisions of this Act.
(9) Where an enforcement notice is revoked under subsection (8), the Head of the Physical Planning and Development Division shall serve notice of the revocation on every person on whom the enforcement notice was served.