Prevention of accumulation of litter or waste on canopies
Adaptation amendments retroactively made - see 59 of 2000 s. 3
(1) If litter or waste of any kind is found on or in any canopy-
(a) the Authority may cause a notice to be served on the occupier of the premises or of that part of the premises for the benefit of which the canopy is erected, requiring the occupier to remove the litter or waste within such time as may be specified in the notice; and
(b) the occupier shall be guilty of an offence if he fails to remove the litter or waste in accordance with the notice served on him under paragraph (a). (Amended 8 of 1980 s. 37; 72 of 1981 s. 5)
(2) If the Authority is of opinion that litter or waste which is found on or in a canopy- (Amended 8 of 1980 s. 37; 72 of 1981 s. 5)
(a) is or may be come injurious or dangerous to health;
(b) is or may become a danger to any persons;
(c) constitutes a nuisance; or
(d) is unsightly,
he may cause a notice to be served on the occupier of the premises or that part of the premises for the benefit of which the canopy is erected or, if the occupier cannot be found or there is no occupier, the owner of the premises, requiring him to remove the canopy within such time as may be specified in the notice.
(3) If a notice served under subsection (2) is not complied with within the time specified in the notice, the Authority may remove the canopy and do whatever is necessary to effect such removal.
(4) The Authority shall not remove a canopy under subsection (3) until 14 days from the date of service of the notice or, in the event of an appeal to the Chief Executive under subsection (7), the determination of such appeal. (Amended 59 of 2000 s. 3)
(5) If a canopy is removed under subsection (3) the Authority may-
(a) recover any expenses incurred in the removal from the person on whom the removal notice was served; and
(b) remove and detain the canopy until the expenses recoverable under paragraph (a) have been paid.
(6) If a canopy is removed under subsection (3), no action, liability, claim or demand shall lie against the Authority or the Government or against any person acting for or on behalf of the Authority or the Government at the suit of any owner or occupier of the premises for the benefit of which the canopy so removed was erected, maintained or used, for any damage done to the canopy or the premises or for any damage or loss arising out of or by reason of the removal of the canopy.
(7) Any person on whom a notice to remove a canopy is served under subsection (2) who considers himself aggrieved by the requirement of the notice, may within 14 days after the service thereof, appeal to the Chief Executive. (Amended 59 of 2000 s. 3)
(8) If an appeal is made under subsection (7), the Chief Executive may confirm, vary or cancel the notice and the decision of the Chief Executive shall be final. (Amended 59 of 2000 s. 3)