(1) A notice under
regulation 88(1) may be served on the owner of, the occupier of or the
person in control of, an unauthorised structure (or all of them, as the case
may be) —
(a) in
person; or
(b) by
post,
in accordance with
sections 75 and 76 of the Interpretation Act 1984 .
(2) Despite
subregulation (1), where the owner, occupier or person in control of an
unauthorised structure is unknown, or known to be absent from the State, the
notice may be served by using the procedure in regulation 88(2), and,
when the person to whom it is to be addressed is unknown, the notice may be
addressed to “the person in or in control of” the unauthorised
structure (identifying it) to which the notice refers, without further name or
description.
(3) If more than one
person is in apparent occupation or control of an unauthorised structure, it
is sufficient to serve the notice on one of them and address it to that one
with the addition of the words “and others” or “and
another” as the case requires.
(4) Non‑service
on the person in apparent control of the unauthorised structure does not
affect the validity of service on the person in apparent occupation of the
unauthorised structure, and non‑service on the person in apparent
occupation of the unauthorised structure does not affect the validity of
service on the person in apparent control of the unauthorised structure.