22. Unless otherwise expressly provided, this Division shall apply only to premises on which any building works are or are to be carried out —
(a)
the building plans of which require the approval of the Commissioner of Building Control under the Building Control Act (Cap. 29); and
(b)
in respect of which planning permission is granted on or after 1st August 2005.
23.
—(1) All premises referred to in section 22 shall be surrounded by a planting area measuring —
(a)
not more than 2 metres wide, except as otherwise specified in paragraph (b); and
(b)
not more than 5 metres wide from the front boundary of the premises adjoining or abutting a public street.
(2) Without prejudice to subsection (1), all premises referred to in section 22, and such other premises as may be prescribed under subsection (3), shall be provided with such other planting areas within the premises as the Minister may, by notification in the Gazette, prescribe under subsection (3).
(3) The Minister may, for the purpose of enhancing greenery and promoting the use of trees and plants as important elements of streetscapes and landscapes, by notification in the Gazette, prescribe different dimensions (including the location and site specifications) of planting areas for different classes or descriptions of premises, whether or not the premises are those referred to in section 22.
(4) All planting areas shall be made up in accordance with the specifications of the Commissioner.
(5) Every notification made under subsection (3) shall be presented to Parliament as soon as possible after publication in the Gazette.
(6) For the purposes of this section, the dimensions of a planting area shall be measured along the ground.
24.
—(1) No person shall, except with the approval of the Commissioner granted under section 32 in respect of the planting areas to be made up within any premises referred to in section 22, or within such other premises as may be prescribed under section 23(3), and in accordance with the terms and conditions of such approval, commence or carry out, or permit or authorise the commencement or carrying out of any building works on those premises.
(2) Any person who contravenes 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 of $500 for every day or part thereof during which the offence continues after conviction.
(3) If any works are carried out in contravention of subsection (1), or no planting area as required by section 23 is provided within any premises, the Commissioner may serve upon —
(a)
any person who carried out, or caused or permitted the works to be so carried out; and
(b)
the occupier of the premises,
an enforcement notice in writing requiring him to make up such planting areas within those premises in such manner and according to such specifications and within such time as may be specified in the notice.
25.
—(1) It shall be the duty of the occupier of the premises within which any planting area has been made up to maintain the planting area, either wholly or to the extent specified by the Commissioner in respect of that planting area, and in accordance with the specifications of the Commissioner.
(2) The Commissioner may, by a maintenance notice, require the occupier of the premises referred to in subsection (1) to carry out such works to the planting area or any part of it as he thinks fit to be carried out for the proper maintenance of the planting area and to take such other measures as may be specified in the notice.
(3) A maintenance notice under this section shall specify the date on which it is to take effect and the period (which shall run from the date the maintenance notice takes effect) within which any step required by the notice shall be taken.
(4) In this section and section 26, “planting area” includes any area that has, before 1st August 2005, been set aside as a green buffer or peripheral planting strip pursuant to any requirement imposed by the competent authority under the Planning Act (Cap. 232).
[Parks and Trees 1996 Ed., s. 6]
26.
—(1) No person shall, except with the approval of the Commissioner granted under section 32 and in accordance with the terms and conditions of such approval —
(a)
alter, close up or remove any planting area in any premises;
(b)
erect or place any structure or object in, above, across or under any such planting area;
(c)
erect, construct or lay within any planting area in any premises any fence, retaining wall, foundation, manhole, pipe, cable, mains or any obstruction or structure (whether temporary or permanent); or
(d)
carry out any works within a planting area in any premises which deviate from any specifications issued or approved by the Commissioner under section 34.
(2) Any person who, without reasonable excuse, contravenes 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 of $500 for every day or part thereof during which the offence continues after conviction.
(3) Where it appears to the Commissioner that there has been a contravention of subsection (1), he may serve a reinstatement notice on all or any of the following persons:
(a)
any person who appears to the Commissioner to have been responsible for or have participated in anything done in contravention of subsection (1); or
(b)
any occupier of the premises on which anything is done in contravention of subsection (1),
requiring the person to remedy (wholly or in part) the contravention.
(4) The reinstatement notice under subsection (3) may, in particular, require the person on whom it is served —
(a)
to cease or refrain from, either wholly or to the extent specified in the notice, any activity on the premises concerned;
(b)
to alter, demolish or remove any property or material from the premises concerned, or any structure, object, fence, retaining wall, foundation, manhole, pipe, cable, mains or any obstruction or structure (whether temporary or permanent) he has erected or caused to be erected thereon in contravention of subsection (1);
(c)
to restore any part of the planting area to its former state or, if such restoration is not reasonably practicable or is undesirable, to execute such works as the Commissioner may specify in the notice to alleviate the effect of the contravention of subsection (1), as the case may be, including planting such trees or plants and taking measures for their maintenance; or
(d)
to take such other measures which the Commissioner reasonably considers necessary for the purposes of paragraph (a), (b) or (c).
(5) A reinstatement notice under this section shall specify the date on which it is to take effect and the period (which shall run from the date the reinstatement notice takes effect) within which any step required by the notice shall be taken.
27.
—(1) For the purpose of enhancing greenery and promoting the use of trees and plants as important elements of streetscapes and landscapes or otherwise enhancing the amenity of any area located along or on premises fronting, adjoining or abutting any public street, the Commissioner may at any time serve on the occupier of any premises fronting, adjoining or abutting that public street a notice requiring the occupier, within such period as may be specified in the notice, to do all or any of the following within the green margin of those premises:
(a)
to plant or replant any tree or plant of such size and species and at such places and provide for their maintenance and protection in such manner as may be specified;
(b)
to take such measures for the maintenance or conservation of any tree or plant growing on the green margin as may be specified;
(c)
to clear the green margin of weeds or cut the grass; or
(d)
to take such other measures which the Commissioner considers necessary for such purpose.
(2) No person shall, at any time, cut or damage any tree or plant which has been planted pursuant to a notice under subsection (1).
(3) Subject to subsection (4), any person who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000.
(4) Nothing in this section shall render unlawful the cutting or damaging of any tree or plant by any person where the condition of the tree or plant constitutes an immediate threat to life or property.
(5) In this section, the green margin of any premises means that part of the premises (whether or not part of a planting area) that is fronting, adjoining or abutting the public street, which is of a width of not more than 5 metres measured from —
(a)
the boundary of those premises; or
(b)
the boundary of the road reserve line (if any) encroaching upon those premises,
whichever is the narrower.
[Parks and Trees 1996 Ed., s. 8]