—(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 —
any public street; or
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 —
to cease or refrain from, either wholly or to the extent specified in the notice, any activity on the premises concerned;
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);
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
(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.