—(1) Subject to subsection (4), no person shall, except with the approval of the Commissioner granted under section 20 and in accordance with the terms and conditions of such approval, cut any tree or plant within a heritage road green buffer.
(2) Any person who contravenes subsection (1) or damages any tree or plant within a heritage road green buffer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.
(3) In determining the amount of fine to be imposed on a person convicted of an offence under subsection (2), the court shall, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(4) No approval referred to in subsection (1) shall be required where —
the tree or plant is determined by the Commissioner as dying or dead; or
the condition of the tree or plant constitutes an immediate threat to life or property.