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The section of the Act that allows the EO to act on a movable encroachment failure is:

A. 36(5)
B. 38(2)
C. 39
D. 20
Correct Answer: B. 38(2)

This question focuses on the specific powers granted to an Enforcement Officer (EO) regarding particular types of violations. Section 38(2) of the Act is the precise provision that empowers an EO to take action when there is a failure related to a movable encroachment. This section provides the legal authority for the EO to intervene and address non-compliance concerning items that can be moved, ensuring that such issues are promptly resolved.

  • Option A (36(5)) pertains to enforcement for non-compliance with an Absolute Order, a different scenario.
  • Option C (39) concerns the inadmissibility of representations.
  • Option D (20) is likely a general provision not specific to movable encroachments.

Thus, 38(2) directly addresses the EO's power in this context.

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