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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 23/07/2014, you requested the version in force on 23/07/2014 incorporating all amendments published on or before 23/07/2014. The closest version currently available is that of 02/01/2011.
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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.