PART 4 | CONSERVATION OF TREES AND PLANTS |
[9/2017] | Division 1 — Tree conservation areas and vacant lands |
[9/2017] 13.—(1) If, after consulting the Board, it appears to the Minister expedient in the interests of amenity to make provision for the conservation of trees in any geographical area of Singapore, the Minister may, by order in the Gazette, designate any geographical area in Singapore (outside a national park or nature reserve) as a tree conservation area.| (2) A copy of any map of a tree conservation area published in the Gazette, being a copy purporting to be certified by the Commissioner as being a true copy of the map so published, is admissible in any legal proceedings and is evidence of the matters contained in the map. |
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No cutting or damaging of tree having girth of more than
one metre |
14.—(1) Subject to subsection (6), a person must not, except with the approval of the Commissioner under section 20 and in accordance with the terms and conditions of such approval, cut any tree with a girth exceeding one metre growing on —| (a) | any tree conservation area; or | | (b) | any vacant land (whether within or outside a tree conservation area). |
| (2) A person who contravenes subsection (1) or damages any tree mentioned in that subsection 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 is to, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence. |
| (4) For the purposes of this section, the girth of a tree must be measured in the prescribed manner. [9/2017] |
| (5) Where in any proceedings for an offence under this section, a question arises as to whether the girth of a tree exceeds or does not exceed one metre, a certificate purporting to be signed by the Commissioner or an authorised officer certifying the girth of the tree is admissible as prima facie evidence of the matters stated therein and of the signature of the Commissioner or authorised officer, as the case may be. [9/2017] |
| (6) No approval mentioned in subsection (1) is required where the condition of the tree constitutes an immediate threat to life or property. |
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15.—(1) If it appears to the Commissioner necessary to make provision for the maintenance or conservation of any tree with a girth exceeding one metre growing —| (a) | within any tree conservation area; or | | (b) | on any vacant land (whether within or outside a tree conservation area), |
| or a group of such trees, the Commissioner may serve a tree conservation notice with respect to such tree or group of trees addressed to — |
| (c) | the occupier of the premises or land on which the tree or group of trees is growing; or | | (d) | any person carrying out or intending to carry out any building works, whether on the premises or within its vicinity which, in the Commissioner’s opinion, causes or is likely to cause damage to the tree or group of trees. |
(2) A tree conservation notice under subsection (1) may, in particular, require the occupier or person mentioned in that subsection —| (a) | to cease or refrain from, either wholly or to the extent specified in the tree conservation notice, any activity on the premises concerned; | | (b) | to alter, demolish or remove any property or material from the premises concerned, or any sign, structure or building the occupier or person has erected or caused to be erected thereon; or | | (c) | to take such other measures as the Commissioner reasonably considers necessary to maintain or conserve the tree or group of trees concerned. |
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(3) Every tree conservation notice under subsection (1) must specify —| (a) | the tree or group of trees covered by the notice, by reference to the type, species, size, location and such other particulars of the tree or group of trees; | | (b) | the date on which it is to take effect; and | | (c) | the period (which runs from the date the tree conservation notice takes effect) within which any step required by the notice must be taken. |
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| (4) The Commissioner may, at any time, revoke any tree conservation notice made under this section. |
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| Division 2 — Heritage road green buffers |
| Heritage road green buffers |
16.—(1) If, after consulting the Board, it appears to the Minister expedient to conserve the flora or vegetation in any area of Singapore (not within any national park or nature reserve) as important elements of the surrounding streetscape or landscape, the Minister may, by order in the Gazette, designate —| (a) | any green verge (whether within or outside a tree conservation area); or | | (b) | any other area located along or on land fronting, adjoining or abutting any street (whether within or outside a tree conservation area), |
| as a heritage road green buffer. |
| (2) A copy of any map of a heritage road green buffer published in the Gazette, being a copy purporting to be certified by the Commissioner as being a true copy of the map so published, is admissible in any legal proceedings and is evidence of the matters contained in the map. |
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| Maintenance of heritage road green buffers |
17.—(1) It is the function and duty of the Board to manage and maintain all heritage road green buffers and carry out all acts necessary thereto.| (2) For the purpose of managing and maintaining heritage road green buffers, the Commissioner or any officer, employee of or other person authorised in writing by the Board has the right, at any reasonable time, to enter upon any heritage road green buffer that is State land and do all things as are reasonably necessary for the management and maintenance of the heritage road green buffer. |
(3) Subject to subsection (4), where a heritage road green buffer, or any part of it, lies within any premises other than State land, the Commissioner or any officer, employee of or other person authorised in writing by the Board has the right, at any reasonable time, to enter upon the heritage road green buffer or any part thereof for the purpose of —| (a) | ascertaining whether any of the functions conferred by this section on the Board should or may be exercised, including taking photographs of the premises and any property or material found thereon and such other steps as he or she may consider necessary without involving any search or seizure of any premises, thing or person; and | | (b) | taking any action or carrying out any work that is reasonably necessary for the management and maintenance of the heritage road green buffer. |
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| (4) The right to enter upon any premises under subsection (3) may be exercised if, and only if, the Commissioner or any officer, employee of or other person authorised in writing by the Board has given notice of his or her intention to perform the Board’s function and discharge its duty under this section to the occupier of the premises or any person having any estate, right, share or interest in the premises. |
| (5) A notice under subsection (4) must be in writing and is deemed to be given to and received by an occupier if it is affixed to a conspicuous part of the premises to be entered. |
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| No cutting or damaging of tree or plant in heritage road green buffer |
18.—(1) Subject to subsection (4), a person must not, 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) A 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 is to, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence. |
(4) No approval mentioned in subsection (1) is required where —| (a) | the tree or plant is determined by the Commissioner as dying or dead; or | | (b) | the condition of the tree or plant constitutes an immediate threat to life or property. |
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| Heritage road green buffers not to be interfered with |
19.—(1) Without affecting section 18, a person (other than the road authority) must not, except with the approval of the Commissioner granted under section 20 and in accordance with the terms and conditions of such approval —| (a) | alter, close up or remove any heritage road green buffer; | | (b) | erect or place any structure or object in, above, across or under any heritage road green buffer; or | | (c) | erect, construct or lay within any heritage road green buffer any fence, retaining wall, foundation, manhole, pipe, cable, mains or any obstruction or structure (whether temporary or permanent). |
| (2) A person who, without reasonable cause, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction. |
| (3) The road authority must, before carrying out within a heritage road green buffer any work or activity in the performance of any function or discharge of any duty conferred on the road authority by or under any written law, consult the Board in respect thereof. |
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| Division 3 — Approvals, reinstatement notices and evidence |
| Application for approval to cut trees and plants, etc. |
20.—(1) An application for an approval to carry out or cause the carrying out of any activity mentioned in section 14(1), 18(1) or 19(1) must be —| (a) | made to the Commissioner in such manner as may be prescribed; and | | (b) | accompanied by such non-refundable application fee as may be prescribed. [9/2017] |
| (2) An application for an approval to carry out or cause to be carried out any activity referred to in section 14(1) or 18(1) may be made by a person having such estate or interest in the premises on which the tree or plant is growing as would enable the person to cut the tree or plant. |
| (3) The Commissioner may require an applicant to provide the Commissioner with such further information or documents as the Commissioner considers necessary in relation to the application for approval. |
(4) The Commissioner may, upon an application by any person for approval to carry out or cause to be carried out any activity referred to in section 14(1), 18(1) or 19(1) —| (a) | refuse to grant approval under this section; or | | (b) | grant approval under this section unconditionally or subject to such conditions as the Commissioner thinks fit. |
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(5) The Commissioner may, at any time, by written notice revoke any approval granted under this section if he or she 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 under subsection (4)(b). |
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(6) In determining whether to grant an approval under this section, the Commissioner may have regard to the following matters:| (a) | the visibility and contribution of the tree or plant in the surrounding landscape or streetscape; | | (b) | the type and rarity of the species of tree or plant; | | (c) | the number of trees or plants in the vicinity; | | (d) | any heritage significance of the tree or plant; | | (e) | whether the tree or plant may become dangerous or damage property or utility services; | | (f) | soil conservation and erosion issues. [9/2017] |
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| Reinstatement notices as regards tree conservation areas, vacant lands and heritage road green buffers |
21.—(1) Where it appears to the Commissioner that there has been a contravention of section 14(1) or (2), 18(1) or (2) or 19(1), the Commissioner 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 any of those provisions; or | | (b) | any occupier of the premises on which anything is done in contravention of any of those provisions. [9/2017] |
(2) A reinstatement notice under subsection (1) requires the person upon whom it is served to remedy (wholly or in part) the contravention or to remedy any injury or damage to any tree mentioned in section 14(1) or the heritage road green buffer mentioned in section 19(1) arising from that contravention and may, in particular, require that person —| (a) | to cease or refrain from, either wholly or to the extent specified in the notice, any activity on the premises concerned; | | (b) | to replant or restore any tree cut or damaged in contravention of section 14(1) or (2), or, if such replanting or 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, including planting other trees or plants and taking measures for their maintenance; | | (c) | 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) that the person has erected or caused to be erected thereon in contravention of section 19(1); | | (d) | to restore any part of the heritage road green buffer 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 section 18(1) or (2) or 19(1) (as the case may be) including planting such trees or plants and taking measures for their maintenance; or | | (e) | to take such other measures which the Commissioner reasonably considers necessary for the purposes of paragraph (a), (b), (c) or (d). [9/2017] |
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| (3) A reinstatement notice under this section must specify the date on which it is to take effect and the period (which runs from the date the reinstatement notice takes effect) within which any step required by the notice must be taken. |
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