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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 31/07/2014, you requested the version in force on 31/07/2014 incorporating all amendments published on or before 31/07/2014. The closest version currently available is that of 31/07/2006.
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PART V
PLANTING AREAS, PUBLIC OPEN SPACES AND GREEN VERGES
Division 1 — Planting areas and streetscapes
Application
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.
Planting areas
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.
Provision of planting areas
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.
Occupier’s duty to maintain planting areas
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]
Planting areas not to be interfered with
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.
Notice to plant or replant trees and plants, etc.
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]
Division 2 — Open spaces set aside as public parks
Provision of open spaces as public parks
28.
—(1)  All premises on which any building works referred to in section 22 are to be carried out shall also have such open spaces to be used as public parks (if any) pursuant to any development proposal or plan approved by the competent authority.
(2)  It shall be the duty of the occupier of the premises referred to in section 22 who carries out or causes to be carried out any building works referred to in that section to make up every open space referred to in subsection (1) in accordance with the specifications of the Commissioner.
(3)  Where it appears to the Commissioner that there has been a contravention of subsection (2), he may serve an enforcement notice on the occupier of the premises on which anything is done in contravention of that subsection.
(4)  An enforcement 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 enforcement notice takes effect) within which any step required by the notice shall be taken.
Vesting of open space set aside as public park in Government
29.
—(1)  Where any open space has been set aside for use or is being used as a public park pursuant to any development proposal or plan approved by the competent authority, the Commissioner may, by an instrument in the form approved by the Registrar of Titles or the Registrar of Deeds, as the case may be, declare that the open space shall vest in the Government.
(2)  Any plan prepared by the Commissioner under subsection (1) shall comply with the requirements of the Land Titles Act (Cap. 157) in respect of registered land and of the Registration of Deeds Act (Cap. 269) in respect of other land and shall show thereon the premises which will vest in the Government.
(3)  Any declaration referred to in subsection (1) shall be published in the Gazette.
(4)  Where any premises that are to be vested in the Government under this section consist of premises included in separate lots already set aside as a public park, the declaration shall be registered against those lots under the provisions of the Land Titles Act (Cap. 157) in respect of registered land and under the provisions of the Registration of Deeds Act (Cap. 269) in respect of other land.
(5)  Where any premises that are to be vested in the Government under this section consist of premises included in an existing lot or lots, those premises forming the public park shall be excised from the existing lot or lots and the declaration shall be registered in respect of the excised portions under the provisions of the Land Titles Act in respect of registered land and under the provisions of the Registration of Deeds Act in respect of other land.
(6)  Upon the registration of a declaration made under subsection (1), the premises forming the public park shall vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting shall not be deemed to create a subdivision within the meaning of the State Lands Act (Cap. 314).
(7)  No compensation shall be payable for any premises that are vested in the Government under this section.
(8)  When any premises are vested in the Government under this section, the Board may take possession of the premises and proceed to demolish and remove any building or portion of any building forming part thereof.
Division 3 — Green verges
Provision of green verges of public streets
30.
—(1)  No person other than the road authority shall, except with the approval of the Commissioner granted under section 32 in respect of the green verges to be made up 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 construction of —
(a)
any new public street; or
(b)
any street which is to be set aside for use as a public street pursuant to any development proposal or plan approved by the competent authority.
(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)  Where it appears to the Commissioner that any construction works are carried out in contravention of subsection (1), or no green verges are made up in respect of those construction works, he may serve upon —
(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 thereof,
an enforcement notice in writing requiring him to make up such green verges in such manner and according to such specifications and within such time as may be specified in the notice.
(4)  The road authority shall, before commencing or carrying out, or permitting or authorising the commencement or carrying out of any construction works referred to in subsection (1) in the performance of any function or discharge of any duty conferred on the road authority by or under any written law, consult the Commissioner in respect thereof.
(5)  Nothing in this section shall require an application for approval under section 32 in respect of any construction works referred to in subsection (1) for which the relevant approval has been obtained from the Board before 1st August 2005.
(6)  For the purposes of this section, the construction of a new public street shall be deemed to include —
(a)
the continuation of an existing public street;
(b)
the widening or alteration of any existing public street; and
(c)
the adapting of a public street made for foot traffic only for carriage traffic or vice versa.
Street works affecting green verges
31.
—(1)  No person other than the road authority shall, except with the approval of the Commissioner granted under section 32 in respect of street works carried out under this subsection 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 street works on or within the vicinity of —
(a)
any public street; or
(b)
any street which is to be declared a public street under section 26 of the Street Works Act (Cap. 320A),
which may affect any green verge along that street.
(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)  Where it appears to the Commissioner that there has been a contravention of subsection (1), he may serve a reinstatement notice on any person who appears to the Commissioner to have been responsible for or have participated in anything done in contravention of that subsection 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 green verge 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 green verge 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), 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.
(6)  The road authority shall, before commencing or carrying out, or permitting or authorising the commencement or carrying out of any street works referred to in subsection (1) in the performance of any function or discharge of any duty conferred on the road authority by or under any written law, consult the Commissioner in respect thereof.
(7)  Nothing in this section shall require an application for approval under section 32 in respect of any street works referred to in subsection (1) for which the relevant approval has been obtained from the Board before 1st August 2005.
Division 4 — Specifications and approvals
Approvals required
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).
Compliance certificates
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.
Specifications
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.
Duties of qualified person
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.
Liabilities related to plans, certificates and documents
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.