Parks and Trees (Amendment) Act 1987 - Singapore Statutes Online

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REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 11]

Friday, April 10

[1987

The following Act was passed by Parliament on 26th March 1987 and assented to by the President on 1st April 1987:—

Parks And Trees (Amendment) Act 1987

(No. 12 of 1987)

I assent.

WEE KIM WEE

President.

1st April 1987.

Date of Commencement: 1st May 1987

An Act to amend the Parks and Trees Act 1975 (No. 14 of 1975).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Parks and Trees (Amendment) Act 1987 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Repeal and re-enactment of section 10B

2. Section 10B of the Parks and Trees Act 1975 (referred to in this Act as the principal Act) is repealed and the following section substituted therefor:

“Parking of vehicles on side-tables and turfed open spaces prohibited

10B.—(1) No vehicle shall without reasonable excuse be parked on any —

(a)	side-table; or
(b)	turfed open space,

maintained by the Commissioner.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(3) When an offence under subsection (1) is committed, the person who at the time of the commission of the offence is the owner of the vehicle in respect of which the offence is committed shall be guilty of the offence in all respects as if he 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.

(4) Nothing in this section shall affect the liability of the actual offender except that where a penalty has been imposed on or recovered from a person in relation to this offence no further penalty shall be imposed or recovered from any other person in relation thereto.

(5) Notwithstanding subsection (3), no owner of a vehicle shall by virtue of this section be guilty of an offence if he —

(a)	within 14 days after service on him of a notice alleging that he has been guilty of such offence, furnishes by statutory declaration to the Commissioner 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 he did not know and could not with reasonable diligence have ascertained such name and address.

(6) A statutory declaration made under subsection (5) if produced in any proceedings against the person named therein in respect of the offence concerned shall be prima facie evidence that such person was in charge of the vehicle at all relevant times relating to such offence.

(7) In this section —

“owner”, in relation to a vehicle, includes —

(a)	every person who is the joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement but not the lessor under any such agreement;
(b)	the person in whose name the vehicle is registered except where such person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to him in regard to such sale or disposal; and
(c)	in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act (Cap. 92), the person to whom such general licence is issued;

“park” means to bring a vehicle to a stationary position and to cause it to wait for any purpose;

“side-table” means any area turfed or otherwise beside a public street.”.

Repeal of section 10D

3. Section 10D of the principal Act is repealed.

Repeal of sections 11 to 14, and re-enactment of section 11

4. Sections 11 to 14 of the principal Act are repealed and the following section substituted therefor:

“Trees and plants to be planted, etc., in accordance with approved plans

11.—(1) Where approval from the competent authority has been obtained by any person to construct any new buildings, such person shall ensure that —

(a)	any trees and plants which are indicated on the plans and specifications approved by the competent authority are planted in accordance with such approved plans and specifications; and
(b)	any open spaces which are indicated on the approved plans and specifications are made up according to such approved plans and specifications.

(2) If the trees and plants are not planted in accordance with the approved plans and specifications or if open spaces are not made up in accordance with the approved plans and specifications and to the satisfaction of the Commissioner, the Commissioner may by notice require the person to comply with subsection (1)(a) or (b) and, if such notice is not complied with within 21 days after the date of service of such notice, the Commissioner may cause the trees and plants to be planted, or execute or cause works to be carried out to ensure that the open spaces are made up, in accordance with the approved plans and specifications.

(3) Every notice under subsection (2) shall be in writing and shall be deemed to be sufficiently served on the person if sent by ordinary post to the person at his last known address and shall be deemed to be served on the person at the time when the notice would in the ordinary course of post be delivered.

(4) All costs and expenses incurred by the Commissioner under subsection (2) shall constitute a debt due from the person to the Government and be recoverable as such.

(5) Any person who fails to comply with any requirement of a notice served under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and in the case of a continuing offence to a further fine of $100 for every day during which the offence continues after conviction.

(6) Upon the date of commencement of the Parks and Trees (Amendment) Act 1987, all deposits collected by the Commissioner under the repealed section 11 which was in force immediately before that date shall be refunded forthwith to the person who made the deposit.”.

New section 21A

5. The principal Act is amended by inserting, immediately after section 21, the following section:

“Exemption

21A. The Minister may, by order and subject to such conditions as may be specified in such order, exempt any person from any provision of this Act or any rules made thereunder.”.

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