32.
—(1) Subject to the provisions of this Act, every application for an approval for the purposes of section 24, 26, 30 or 31 shall be —
(a)
made to the Commissioner in such form and manner as the Commissioner may require;
(b)
accompanied by such plans of the works to which the application relates, and such other documents, as the Commissioner may require; and
(c)
accompanied by such non-refundable application fee as the Commissioner may require which shall be paid in the prescribed manner.
(2) The Commissioner may require the plans referred to in subsection (1)(b) —
(a)
to be made or certified by a qualified person appointed by the person for whom the works are or are to be carried out; and
(b)
to show such details or specifications as the Commissioner may determine.
(3) Upon receipt of an application referred to in subsection (1) in respect of any works, the Commissioner may, subject to subsection (4) —
(a)
refuse to grant approval; or
(b)
grant approval unconditionally or subject to such conditions as he thinks fit.
(4) The Commissioner shall not grant any approval under section 30(1) unless —
(a)
the competent authority has first given written permission under the provisions of the Planning Act (Cap. 232) for the use of the land for the construction of a street referred to in section 30(1); or
(b)
the use of the land for the construction of a street referred to in section 30(1) has been authorised under section 21(6) of the Planning Act.
(5) Where the plans referred to in subsection (1)(b) are certified by a qualified person, the Commissioner may, on the basis of such certification and without checking those plans, issue an approval in respect of the works, except that nothing shall prohibit or prevent the Commissioner from carrying out random checks on any of the plans referred to in subsection (1)(b) before approving the works.
(6) Where an approval has been granted under subsection (3) in respect of plans submitted under subsection (1)(b) and the applicant intends to depart or deviate from the plans approved, he shall apply to the Commissioner for his approval of the plans showing the proposed departure or deviation, and subsections (2) to (5) shall apply, with the necessary modifications, to an application for an approval under this subsection.
(7) Any approval granted in respect of any works under this section shall automatically lapse —
(a)
in a case where a written permission has been granted by the competent authority under the Planning Act in respect of works, if the written permission lapses pursuant to section 20 of that Act; or
(b)
if the works are not commenced within the period specified in the approval.
(8) The Commissioner may, at any time, by notice in writing revoke any approval granted under subsection (3) if he is satisfied —
(a)
that any information given in the application for the approval or any document submitted to the Commissioner in respect of the application is false in a material particular; or
(b)
that the person has failed to comply with any condition imposed by the Commissioner under subsection (3).
33.
—(1) Where any works in respect of which an approval has been granted under section 32 have been completed, the person to whom the approval was granted shall apply for a compliance certificate in such form and manner as the Commissioner may require.
(2) If the Commissioner is satisfied that the works in respect of which an approval has been granted under section 32 have been completed in accordance with the plans for those works referred to in section 32(1)(b) and any condition imposed by the Commissioner under section 32(3), he may grant a compliance certificate unconditionally or subject to such conditions as he thinks fit.
(3) Where the Commissioner has revoked any approval under section 32(8), any compliance certificate granted in respect of the works shall be automatically revoked.
34.
—(1) The Commissioner may issue or approve and from time to time review and revise specifications for planting areas, green verges and open spaces to be used as public parks.
(2) If any provision in any specifications issued or approved by the Commissioner under subsection (1) is inconsistent with any regulations made under this Act, such provision shall, to the extent of the inconsistency, either have effect subject to such regulations or, where appropriate, having regard to such regulations, shall not have effect.
35.
—(1) Every qualified person referred to in section 32(2)(a) shall —
(a)
take all reasonable steps and exercise due diligence in supervising and inspecting the works to ensure that those works are carried out in accordance with this Act and with the plans submitted under section 32 and with all conditions imposed by the Commissioner under that section; and
(b)
notify the Commissioner of any contravention of the provisions of this Act pertaining to the works.
(2) Any qualified person who contravenes any of the requirements of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
(3) In any prosecution against a qualified person for an offence under subsection (1)(b), it shall be a defence for him to prove to the satisfaction of the court that he did not know or could not reasonably have discovered the contravention referred to in the charge.
36.
—(1) Any person for whom any works are carried out, or any person who in carrying out the works deviates, or permits or authorises any planting area, open space or green verge to deviate, in any material way from any plans approved by the Commissioner under section 32 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
(2) Any person who —
(a)
being required by this Act to make or produce to the Commissioner any plan or document;
(b)
for the purpose of obtaining any certificate or approval from the Commissioner under this Act; or
(c)
for the purpose of establishing any fact relevant to the administration of this Act,
makes or produces any plan or document which —
(i)
is false in a material particular;
(ii)
has not been made by the person by whom it purports to have been made; or
(iii)
has been in any way altered or tampered with,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000.