except in accordance with the intention of a plan for a building as approved and to the extent that such plan has been implemented, or

(b) utilise any land for a purpose or in a manner other than that intended by a plan for a building as approved and to the extent that such plan has been implemented.

(3) If a local authority in the opinion of the Administrator fails to perform or to exercise satisfactorily its duties or powers in terms of subsection (1), the Administrator may, after notice to such local authority, withdraw any approval or authorisation granted by the local authority, perform the said duties, exercise the said powers and recover from such local authority any amount spent by him in this connection or instruct the local authority as to the steps to be taken by it in order to ensure compliance with subsection (1), and such instruction shall in law override any decision of the council of the said local authority. 40. Rectification of Rectification of contraventions.—(1) (a) If a building or any part thereof was erected in contravention of section 39 (2) (a), the local authority shall serve an instruction (hereinafter referred to as the instruction) on the owner concerned—

(i) to rectify such contravention before a date specified in the instruction, being not more than six months after the date of the instruction or, at the option of the said council,

(ii) to apply for the determination of a contravention levy, or in terms of section 15 for a departure, before a date specified in the instruction, being not more than thirty days after the date of the instruction.

(b) If the said owner fails to comply with the instruction, the local authority shall, subject to the provisions of paragraph (c), take all such steps as may be necessary to rectify such contravention. (c) If the owner disputes the existence or the nature and extent of the contravention to which the instruction relates or the council’s option under paragraph (a) or applies for a contravention levy, he shall on or before the date referred to in paragraph (a) submit a written statement regarding the matter to the director and the town clerk or secretary concerned. (d) The Administrator shall thereupon, having regard to all the facts and after consultation with the council concerned reconsider the state of affairs and make a final decision—

(i) in relation to the existence or the nature and extent of the contravention, and

(ii) whether the contravention shall be rectified or a contravention levy paid.

(e) If the Administrator decides in terms of paragraph (d) (ii) that a contravention shall be rectified, he shall fix the period within which the contravention shall be rectified. (2) Any amount spent by a local authority in terms of subsection (1) shall be recoverable by that local authority from the owner. (3) (a) If a contravention levy is to be paid in terms of subsection (1) (d) (ii), the Administrator shall after consultation with the local authority concerned fix such levy and notify the owner and local authority concerned thereanent. (b) Such a contravention levy shall become due and payable—

(i) in one capitalised sum on or before such date, or

(ii) periodically at such intervals