PART 8 | OFFENCES, PENALTIES AND PROCEEDINGS |
| Penalty for obstructing Commissioner, etc. |
43. Any person who —| (a) | hinders or obstructs the Commissioner, an authorised officer or a park ranger in the performance or execution of his or her duty or of any thing which he or she is empowered or required to do under this Act; or | | (b) | interferes with any works authorised to be done by the Commissioner or any authorised officer or park ranger under this Act, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
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| Parking of vehicles on green verges and turfed open spaces prohibited |
44.—(1) Any person who, without reasonable excuse, parks a vehicle on any green verge or any turfed open space which is managed or maintained by the Board shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.| (2) In this section, “park” means to bring a vehicle to a stationary position or to cause it to wait for any purpose. |
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| Liability of owner, etc., of vehicle for offence committed |
45.—(1) When an offence under this Act is committed in relation to a vehicle, the person who at the time of the commission of the offence is the owner of the vehicle or, in the case of a deregistered vehicle, is the person who immediately prior to the deregistration was registered as the owner of the vehicle in respect of which the offence is committed shall be guilty of the offence in all respects as if the person were the actual offender guilty of the offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.| (2) Nothing in this section affects the liability of the actual offender but, where a penalty has been imposed on or recovered from a person in relation to an offence, no further penalty may be imposed on or recovered from any other person in relation thereto. |
(3) Despite subsection (1), no owner of a vehicle shall, by virtue of this section, be guilty of an offence if the owner —| (a) | within 14 days after service on the owner of a notice alleging that the owner has been guilty of an offence, provides by a statement in writing to the Commissioner stating truthfully the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence concerned; or | | (b) | satisfies the court that the owner did not know and would not with reasonable diligence have ascertained such name and address. |
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| (4) A statement made under subsection (3) if produced in any proceedings against the person named therein in respect of the offence concerned is sufficient evidence that such person was in charge of the vehicle at all relevant times relating to such offence unless evidence to the contrary is adduced. |
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| Default in compliance with notice or condition |
46.—(1) Any person who, without reasonable excuse —| (a) | fails to comply with the requirements of any of the following notices served on the person:| (i) | a tree conservation notice under section 15(1); | | (ii) | a reinstatement notice under section 11(1), 21(1), 26(3) or 31(3); | | (iia) | a notice under section 42A(1); [Act 42 of 2022 wef 01/11/2024] | | (iii) | an enforcement notice under section 24(3), 28(3), 30(3) or 37; | | (iv) | a maintenance notice under section 25(2) or 37A(2); or | | (v) | a notice to plant or replant under section 27(1); or |
| | (b) | contravenes any condition of approval imposed by the Commissioner under section 12, 20 or 32, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction. |
[9/2017] | (2) In any proceedings against a person for an offence under subsection (1), it is a defence for that person charged to prove to the satisfaction of the court that that person has used all due diligence to comply with the notice or condition of approval imposed. |
| (3) The cost of any measures or works carried out in accordance with any notice mentioned in subsection (1)(a) is to be borne by the person on whom the notice is served. |
(4) If any notice or condition of approval mentioned in subsection (1) is not complied with to the satisfaction of the Commissioner, the Commissioner may at any time enter the premises concerned and carry out or cause to be carried out any works, activities or steps which are in the Commissioner’s opinion necessary to secure compliance with the notice or condition of approval (as the case may be), including all or any of the following:| (a) | cut or remove any tree; | | (b) | alter, demolish or remove any sign, shrine, altar, religious object, shelter, structure or building erected, and removing to and detaining it and any resulting debris at a holding yard or other place; | | (c) | remove to and detain any vehicle, boat, trailer, skip, dumpster or other thing at a holding yard or other place; | | (d) | using reasonable force, including cutting or breaking open any lock, seal, fastener or other device. |
[Act 42 of 2022 wef 01/11/2024] |
| (5) All costs and expenses reasonably incurred by the Commissioner in exercise of the powers conferred by subsection (4) constitute a debt due from any person in default of the notice or condition of approval mentioned in subsection (1), and may be recoverable in the manner provided for in this Act. |
(6) Where —| (a) | any land has 2 or more occupiers; and | | (b) | any measures have been taken or works have been executed by the Commissioner under this Act pursuant to any contravention of the notice or condition of approval mentioned in subsection (1), |
| the occupiers shall be liable jointly for the whole costs and expenses incurred by the Commissioner, and those costs and expenses must be apportioned in such manner as appears to the Commissioner to be reasonable. |
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| (7) The certificate of the Commissioner stating the amount of the costs and expenses so incurred in exercise of the powers conferred by subsection (4) is conclusive evidence of that amount. |
| (8) Any person to whom a notice has been issued as an occupier of the premises must, if the person is not the occupier of the premises in respect of which the notice has been issued, within 7 days from the date on which the notice was served on him or her, inform the Commissioner in writing that he or she is not the occupier. |
| (9) Any person who fails to comply with subsection (8) is, unless he or she proves to the satisfaction of the court before which the question of liability to pay the costs and expenses is determined under section 48, deemed, for the purpose of recovering such costs and expenses, to be the occupier of the premises in respect of which the notice was issued. |
| (10) Where, in any case referred to in subsection (9), the court is satisfied that the person in default has shown sufficient cause for his or her default in not complying with any notice mentioned in subsection (1), the costs and expenses incurred by the Commissioner in exercise of the powers conferred by subsection (4) may, even though the notice has not been issued to the occupier of the premises, be recoverable by the Board from the occupier in the manner provided for in this Act. |
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| Disposal of moved vehicles, etc. |
46A.—(1) Unless subsection (2) applies, any vehicle, boat, trailer, skip, dumpster or other thing, or any sign, shrine, altar or religious object and any resulting debris from the altering, demolition or removal of the sign, shrine, altar, religious object, shelter, structure or building, which is removed to and detained at a holding yard or other place under section 42B(1), 42C(1) or 46(4) (called in this section the removed material) —| (a) | must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the removed material is to be produced in any criminal trial in connection with an offence under this Act; | | (b) | is deemed to be forfeited to the Board where any owner of the removed material consents to its disposal; or | | (c) | in any other case, must be —| (i) | returned to the owner; or | | (ii) | reported to a Magistrate’s Court, in which event sections 370, 371 and 372 of the Criminal Procedure Code 2010 then apply with the necessary modifications. |
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(2) Despite subsection (1), where it appears to the Commissioner that any removed material —| (a) | is perishable; | | (b) | may rapidly depreciate in value; or | | (c) | is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Commissioner to retain custody of the removed material, |
| the Commissioner may, instead of storing the removed material at a holding yard or other place and notifying the owner thereof, cause the removed material — |
| (d) | to be sold (by public auction or otherwise) at once; or | | (e) | to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit. |
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(3) If a person who appears, to the satisfaction of the Board, to be the owner of any removed material, and not to be a person in default with complying with the relevant notice or condition of approval in section 46(1), claims —| (a) | after that removed material has been sold, destroyed or disposed of under subsection (2); but | | (b) | before the end of one year starting the date the removed material was removed under section 42B(1), 42C(1) or 46(4), whichever is applicable, |
| the Board may compensate, out of the funds of the Board, the person for the loss of the removed material, less reasonable costs and expenses incurred by the Board in storing and selling, destroying or disposing of the removed material. |
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| (4) Subject to any order to the contrary by the Magistrate’s Court under the Criminal Procedure Code 2010, any removed material deemed forfeited under this section may be disposed of by the Board in any manner that the Board thinks fit. |
[Act 42 of 2022 wef 01/11/2024] |
47.—(1) Where in any court proceedings against any person for an offence under this Act which relates to any damaged or destroyed property which is —| (a) | owned by the Government or the Board; | | (b) | maintained or managed by the Board; or | | (c) | under the management or control of the Commissioner under this Act, |
| the court before which the person is convicted of the offence may, in addition to passing any sentence for that offence, make an order requiring that person to pay to the Government or the Board (as the case may be) a sum of money to be fixed by the court which, in the opinion of the court, represents the value (including any intrinsic value) of the damaged or destroyed property. |
| (2) The court may, in its discretion, allow time for the payment of the sum of money under subsection (1) and grant extension of the time so allowed, or direct payment of that sum to be made by instalments. |
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| Compensation, damages, fees, costs and expenses to be determined by Magistrate’s Court or District Court |
48.—(1) Except as otherwise provided, in all cases where compensation, damages, fees, costs or expenses are provided under this Act to be paid, the amount and (if necessary) the apportionment of the amount and any question of liability are, in case of dispute, or failure to pay, to be summarily ascertained and determined by a Magistrate’s Court or, if the amount claimed exceeds the Magistrate’s Court limit, by a District Court.| (2) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay it within 7 days after demand, that amount may be reported to a Magistrate’s Court or District Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court or a District Court. |
| (3) An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or a District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals. [40/2019] |
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| Offences by bodies corporate, etc. |
49.—(1) Where an offence under this Act committed by a body corporate is proved —| (a) | to have been committed with the consent or connivance of an officer; or | | (b) | to be attributable to any act or default on the officer’s part, |
| the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
| (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. |
(3) Where an offence under this Act committed by a partnership is proved —| (a) | to have been committed with the consent or connivance of a partner; or | | (b) | to be attributable to any act or default on the partner’s part, |
| the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
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(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —| (a) | to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or | | (b) | to be attributable to any act or default on the part of such an officer or a member, |
| the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
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(5) In this section —“officer” —| (a) | in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and | | (b) | in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity; |
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| “partner” includes a person purporting to act as a partner. |
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| (6) The Minister may, by regulations made under this section, provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. |
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| 50. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence. |
51.—(1) The Commissioner may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:| (a) | one half of the amount of the maximum fine that is prescribed for the offence; | | (b) | $5,000. [9/2017] |
| (2) Despite the payment of the composition amount under subsection (1), any compensation, damages, fees, costs or expenses which are provided to be paid under this Act remain payable. |
| (3) On payment of the composition amount under subsection (1), no further proceedings are to be taken against that person in respect of the offence. |
| (4) All sums collected under this section must be paid into the Consolidated Fund. [9/2017] |
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| 52. Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be conducted by any police officer or authorised officer authorised in writing in that behalf by the Commissioner. [15/2010] |
53.—(1) Subject to this section, the contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act are, until the contrary is proved, presumed to be correct.| (2) In any proceedings instituted for the carrying out of any works in contravention of the provisions of this Act, the occupier of the premises at the time the works were carried out is presumed, until the contrary is proved, to be the person carrying out the works. |
| (3) Where any information in respect of any works or any matter relating to or for the purposes of this Act is provided by electronic means, the production of any document under the hand of the officer responsible for providing such information purporting to be a hard copy transcript of all or any such information is, in all courts and in all proceedings, sufficient evidence of the information provided electronically and all courts in all proceedings are to take judicial notice of the signature of the officer. |
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| Presumptions and defences |
54.—(1) Where it is proved that a tree or plant was cut or damaged in contravention of section 14(1) or (2), 18(1) or (2) or 27(2), it is presumed, until the contrary is proved —| (a) | that the occupier of the premises on which the tree or plant was growing; or | | (b) | where any building works were being carried out in that part of the premises where the tree or plant was growing at or about the time that the tree or plant was cut or damaged, that —| (i) | the person who was carrying out the works at the time; | | (ii) | the employer of the person mentioned in sub‑paragraph (i) at the time of the offence; and | | (iii) | the qualified person or other person who instructed or caused or permitted the person mentioned in sub‑paragraph (i) to cut or damage that tree or plant, |
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| had cut or damaged the tree or plant. |
(2) In any proceedings for an offence under section 14(2), 18(2) or 27(3) against any person referred to in subsection (1)(b)(ii) or (iii), it is a defence for that person charged to prove to the satisfaction of the court —| (a) | that the offence was committed without his or her consent or connivance; and | | (b) | that he or she had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her responsibilities as an employer or a qualified person or such other person and to all the circumstances. |
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