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Contents

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION OF ACT

Part III NATIONAL PARKS AND NATURE RESERVES

Part IV PROTECTION AND CONSERVATION OF TREES AND PLANTS

Division 1 — Tree conservation areas

Division 2 — Heritage road green buffers

Division 3 — Approvals, reinstatement notices and evidence

Part V PLANTING AREAS, PUBLIC OPEN SPACES AND GREEN VERGES

Division 1 — Planting areas and streetscapes

Division 2 — Open spaces set aside as public parks

Division 3 — Green verges

Division 4 — Specifications and approvals

Part VI PREVENTION OF DANGERS

Part VII POWERS OF ENFORCEMENT

Part VIII OFFENCES, PENALTIES AND PROCEEDINGS

Part IX GENERAL

THE SCHEDULE Areas Designated As National Parks and Nature Reserves

Legislative Source Key

Legislative History

Comparative Table

 
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On 23/09/2014, you requested the version in force on 23/09/2014 incorporating all amendments published on or before 23/09/2014. The closest version currently available is that of 02/01/2011.
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PART IX
GENERAL
Act not to affect liability in tort of occupier
55.  Nothing in this Act shall affect the liability in tort of an occupier for any injury or damage caused to any person or property arising from any tree or plant growing on his land.
[Parks and Trees 1996 Ed., s. 24]
Appeal to Minister
56.
—(1)  Any person who is aggrieved by —
(a)
any tree conservation notice under section 15(1);
(b)
any reinstatement notice under section 11(1), 21(1), 26(3) or 31(3);
(c)
any enforcement notice under section 24(3), 28(3), 30(3) or 37;
(d)
any maintenance notice under section 25(2);
(e)
any notice to plant or replant under section 27(1); or
(f)
any decision of the Commissioner in refusing to grant an approval under section 12, 20 or 32,
may, within 14 days from the date of service of the notice, or the date he is notified of the Commissioner’s decision, appeal to the Minister in the prescribed form and manner.
(2)  Notwithstanding that an appeal is lodged under subsection (1), the notice or decision appealed against shall take effect and be complied with unless otherwise ordered by the Minister.
(3)  The Minister may, after considering the appeal, dismiss or allow the appeal, unconditionally or subject to such conditions as he thinks fit, and the notice or decision shall be confirmed, rescinded or varied in such manner as the Minister may decide.
(4)  The Minister may, in considering an appeal under this section, give the appellant an opportunity to make representations in writing.
(5)  The decision of the Minister in any appeal under this section shall be final.
Payment to Board of fees, charges, etc.
57.  All fees, charges, composition amounts and any other moneys collected under this Act shall be paid to the Board.
[Parks and Trees 1996 Ed., s. 26]
Exemption
58.
—(1)  The Minister may, by order published in the Gazette, with or without conditions, exempt any class or description of person, thing, premises or works from any of the provisions of this Act.
(2)  If an exemption is granted under this section with conditions, the exemption operates only if the conditions are complied with.
[Parks and Trees 1996 Ed., s. 27]
Service of documents
59.
—(1)  Any notice or document required or authorised by this Act to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act may be served on the person —
(a)
by delivering it to the person or to some adult member or employee of his family or household at his usual or last known place of residence;
(b)
by leaving it at his usual or last known place of residence or business in an envelope addressed to the person;
(c)
by sending it by registered post addressed to the person at his usual or last known place of residence or business; or
(d)
in the case of an incorporated company, a partnership or a body of persons —
(i)
by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or
(ii)
by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.
(2)  Any notice, document or summons sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person at the time when the notice, document or summons, as the case may be, would in the ordinary course of post be delivered and, in proving service of the notice, document or summons, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
(3)  Any notice or document required or authorised by this Act to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, document or summons to some conspicuous part of the premises.
(4)  Any notice or document required or authorised by this Act to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.
(5)  Notwithstanding subsection (1), a notice required or authorised by this Act to be served on the owner of any vehicle may be served by addressing the notice to the owner of that vehicle without stating his name or address and may also be served personally or by affixing the notice to the vehicle.
[Parks and Trees 1996 Ed., s. 14; National Parks 1997 Ed., s. 31]
Inaccuracies in document
60.
—(1)  No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act shall in any way affect the operation of this Act as respects that person or place if that person or place is so designated in the document as to be identifiable.
(2)  No proceedings taken under or by virtue of this Act shall be invalid for want of form.
Protection from liability
61.
—(1)  No suit or other legal proceedings shall lie personally against the Commissioner, an authorised officer or a park ranger for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law.
(2)  Nothing in this Act shall make it obligatory for the Commissioner or any authorised officer —
(a)
to inspect any works or the site of any proposed works to ascertain —
(i)
whether the provisions of this Act are complied with; or
(ii)
whether any plans or other documents submitted to him are accurate;
(b)
to issue any notice under this Act; or
(c)
to take any action or carry out any works authorised under this Act.
[Parks and Trees 1996 Ed., s. 23; National Parks 1997 Ed., s. 28]
Amendment of Schedule
62.
—(1)  The Minister may, after consulting the Board, by order published in the Gazette, amend, add to, vary or revoke the whole or any part of the Schedule.
(2)  Every order made under subsection (1) shall be presented to Parliament as soon as possible after publication in the Gazette.
Regulations
63.
—(1)  The Board may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act.
(2)  Without prejudice to the generality of subsection (1), the Board may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters:
(a)
in relation to the management and control of national parks, nature reserves and public parks —
(i)
the preservation of order and the prevention of nuisance therein;
(ii)
prescribing the days and times of admission thereto or to any part thereof;
(iii)
the conservation and protection of plants, animals and other organisms and property;
(iv)
the admission of vehicles thereto and the regulation of traffic therein;
(v)
the prohibition of any particular act therein;
(vi)
prescribing the fees payable in respect of admission thereto or to any part thereof;
(vii)
prescribing the fees payable for the use of the premises or the facilities therein;
(viii)
prescribing for the forfeiture, sale or disposal of any vehicle, boat or thing removed under section 42 and the recovery of any expenses connected therewith;
(b)
the applications for approval under section 12, 20 or 32, including the form, manner and mode of such applications, the documents to be submitted and other matters related to those sections;
(c)
the management of heritage road green buffers, including the prohibition and regulation of any particular act within the heritage road green buffers and the conservation and protection of trees and plants growing on heritage road green buffers;
(d)
prescribing that any act or omission in contravention of any regulations shall be an offence and prescribing penalties for such offences, which penalties shall not exceed a fine of $10,000;
(e)
regulating and prescribing standards for the planting, aeration and maintenance of trees and plants within any planting areas, green verges and open spaces to be used as public parks;
(f)
the prescribing of forms necessary for the administration of this Act;
(g)
the prescribing of fees and charges for the purposes of this Act; and
(h)
any other matter which by this Act is required or permitted to be prescribed or is necessary or convenient to be prescribed for carrying out or giving effect to any provision of this Act.
[Parks and Trees 1996 Ed., s. 28]
Transitional provisions
64.
—(1)  A person who, immediately before 1st August 2005, is —
(a)
the Commissioner of Parks and Recreation;
(b)
an officer appointed by the Minister under section 3(2) of the repealed Act; or
(c)
an officer authorised by the Minister under section 3(5) of the repealed Act,
shall continue to hold such office as if he were appointed under section 4(1) as the Commissioner, as an authorised officer under section 4(3) and as a park ranger under section 4(5) of this Act, respectively.
(2)  Any permission, approval, decision, notice, summons, warrant, order or other document prepared, made, granted, issued by the Commissioner of Parks and Recreation under the repealed Act shall, so far as it is not inconsistent with the provisions of this Act, continue and be deemed to have been prepared, made, granted or issued under the corresponding provisions of this Act and except as otherwise expressly provided in this Act, shall continue to have effect accordingly.
(3)  All acts done by or on behalf of the Commissioner of Parks and Recreation before 1st August 2005 under the repealed Act shall continue to remain valid and applicable as though done by the Commissioner under this Act, until such time as invalidated, revoked, cancelled or otherwise determined by the Commissioner.
(4)  Where anything has been commenced by or on behalf of the Commissioner of Parks and Recreation before 1st August 2005, such thing may be carried on and completed by or under the authority of the Commissioner under the corresponding provisions of this Act.
(5)  Any application or other document lodged for approval under the provisions of the repealed Act before 1st August 2005 and whose application was not approved before that date shall, where applicable, be deemed to be an application or a document lodged for approval under the corresponding provisions of this Act.
(6)  Any investigation, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment acquired, accrued or incurred under the repealed Act may be instituted, continued or enforced by the Commissioner as if a reference in the repealed Act to the Commissioner of Parks and Recreation is a reference to the Commissioner under this Act.
(7)  In any written law or document, a reference to the repealed Act shall, in so far as it is necessary for preserving its effect, be construed as a reference to this Act and a reference to the Commissioner of Parks and Recreation shall be construed as a reference to the Commissioner under this Act.
(8)  Where an appeal has been made to the Minister under section 7 or 8 of the repealed Act and the appeal has not been dealt with or disposed of immediately before 1st August 2005, the appeal may be dealt with in accordance with that repealed section as if this Act had not been enacted.
(9)  Where a period of time specified in any provision of the repealed Act is current on 1st August 2005, this Act shall have effect as if the corresponding provision in this Act had been in force when that period began to run.
(10)  Any subsidiary legislation made under the repealed Act and in force immediately before 1st August 2005 shall, so far as it is not inconsistent with the provisions of this Act, continue in force as if made under this Act until it is revoked or repealed by subsidiary legislation made under this Act.
References in other written laws
65.  Any reference in any written law to the National Parks Act (Cap. 198A) shall be read as a reference to the National Parks Board Act.
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