On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 02/01/2011.
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.