71.—(1) Any person who erects any building, wall or fence on a road otherwise than in the exercise of a statutory power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) Any person who erects any other structure on a road otherwise than—
(a)in the exercise of a statutory power; or
(b)in pursuance of a consent given by the Department under this Order; or
(c)in pursuance of a licence under the Street Trading (Regulation) Act (Northern Ireland) 1929(1) or in circumstances where, by virtue of the proviso to section 1(1) of that Act, he would not be required to obtain a licence under that Act,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) Where a building, wall, fence or other structure is erected on a road in contravention of paragraph (1) or (2), the Department may serve on the owner of that building, wall, fence or other structure a notice requiring him to remove it.
(4) Article 58 applies to a notice served under this Article as it applies to a notice served as mentioned in paragraph (1) of that Article.
(5) For the purposes of this Article—
(a)“structure” includes any object of such a nature as to be capable of causing obstruction;
(b)a structure may be treated as having been erected on a road notwithstanding that it is on wheels; and
(c)“erect” includes place or set up.