Parks and Trees (Amendment) Act 1994 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 25]

Friday, December 30

[1994

The following Act was passed by Parliament on 5th December 1994 and assented to by the President on 24th December 1994:—

Parks And Trees (Amendment) Act 1994

(No. 25 of 1994)

I assent.

ONG TENG CHEONG

President.

24th December 1994.

Date of Commencement: 29th January 1995

An Act to amend the Parks and Trees Act (Chapter 216 of the 1991 Revised Edition).

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 1994 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Parks and Trees Act (referred to in this Act as the principal Act) is amended —

(a)

by deleting the definitions of “Chief Surveyor” and “Commissioner” and substituting the following definitions:

“ “aeration” means the exposure of the soil surrounding the base of the trunk of a tree to enable air and water to reach its roots;

“Commissioner” means the Commissioner of Parks and Recreation and includes a Deputy or an Assistant Commissioner of Parks and Recreation and a Director or an Assistant Director of Parks and Recreation;”;

(b)

by deleting the definition of “curator”;

(c)

by inserting, immediately after the definition of “occupier”, the following definition:

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

(a)	every person who is the owner or joint owner or part owner of the vehicle and any person who is the hirer or 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. 276), the person to whom such general licence is issued;”;

(d)

by deleting the words “side table” in the definition of “public park” and substituting the word “verge”;

(e)

by deleting the words “side tables” in the ninth line of the definition of “street” and substituting the word “verges”;

(f)

by inserting, immediately after the definition of “street”, the following definition:

“ “tree conservation area” means any land designated by the Minister as a tree conservation area under section 5;”;

(g)

by deleting the words “side table” in the first line of the definition of “vacant land” and substituting the word “verge”;

(h)

by deleting the words “Deputy Director-General, Development and Building Control Division of the Public Works Department” at the end of the definition of “vacant land” and substituting the words “relevant authority”; and

(i)

by deleting the full-stop at the end of the definition of “vehicle” and substituting a semi-colon, and by inserting immediately thereafter the following definition:

“ “verge” means any area by the side of a public street, whether turfed or not.”.

Amendment of section 3

3. Section 3 (2) of the principal Act is amended by deleting the word “curators” in the third line and substituting the words “Directors and Assistant Directors of Parks and Recreation”.

Amendment of section 4

4. Section 4 of the principal Act is amended —

(a)

by deleting the word “and” at the end of paragraph (f);

(b)

by inserting, immediately after paragraph (f), the following paragraph:

“(g)	authorise any person to erect, maintain and operate on such lands any facility and charge, or authorise any person to charge, for the use thereof; and”; and

(c)

by re-lettering the existing paragraph (g) as paragraph (h).

Amendment of section 5

5. Section 5 of the principal Act is amended —

(a)	by inserting, immediately after the word “designate” in the fifth line of subsection (1), the words “as a tree conservation area”; and
(b)	by deleting “$2,000” at the end of subsection (3) and substituting “$10,000”.

New section 5A

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

“Notice to maintain or preserve trees in tree conservation areas

5A.—(1) For the purpose of maintaining or preserving any tree to which section 5 applies, the Commissioner may, by notice in writing addressed to the occupier of the land on which the tree is growing, direct him to take, within such time as may be specified in the notice, such measures as are reasonably necessary for such purpose.

(2) Without prejudice to the power of the Commissioner under subsection (3), any person who fails to comply with the requirements of a notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction.

(3) If the notice issued under subsection (1) is not complied with, the Commissioner may, at any time after the expiration of the time so specified in the notice, cause the measures to be taken, and the costs and expenses of so doing shall constitute a debt due from the occupier of the land to the Government and be recoverable as such.

(4) Any person on whom a notice under this section has been issued shall, if he is not the occupier of the land in respect of which the notice has been issued, within 7 days from the date on which the notice was served on him inform the Commissioner in writing that he is not the occupier.

(5) Any person who fails to comply with subsection (4) shall, unless he proves to the satisfaction of the court before which the question of liability to pay costs and expenses of taking any measures in pursuance of the notice issued on him is determined, be deemed, for the purpose of recovering such costs and expenses, to be the occupier of the land in respect of which the notice was issued.

(6) Where, in any case referred to in subsection (5), the court is satisfied that the person in default has shown sufficient cause for his default, the costs and expenses of taking any measures in pursuance of the notice issued on that person shall, notwithstanding that the notice has not been issued on the occupier of the land, constitute a debt due from the occupier to the Government and be recoverable as such.”.

Amendment of section 7

7. Section 7 of the principal Act is amended —

(a)	by deleting the words “designated public road” in the fourth line of subsection (1) and substituting the words “public street”;
(b)	by deleting the words “and over-grown” in subsection (1)(b) and substituting the words “or cut the”;
(c)	by deleting “$2,000” in subsection (6) and substituting the words “$10,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction”;
(d)	by deleting subsection (7); and
(e)	by inserting, immediately after the word “trees” in the marginal note, the word “, etc.”.

Amendment of section 9

8. Section 9 (2) of the principal Act is amended by deleting “$2,000” and substituting “$10,000”.

Repeal and re-enactment of section 10

9. Section 10 of the principal Act is repealed and the following section substituted therefor:

“Prevention of dangers

10.—(1) Where the Commissioner is satisfied that any tree or plant, whether growing or not, is likely to be dangerous to life or property or to cause an obstruction or is in any way physically or visually likely to impede traffic, the Commissioner may by notice in writing require the occupier of the land on which it is growing or lying to take such measures as the Commissioner thinks fit within the time specified in the notice.

(5) Any person who fails to comply with subsection (4) shall, in any proceedings for the recovery of any costs and expenses of taking any measures in pursuance of the notice issued to him, be presumed to be the occupier of the land in respect of which the notice was issued unless he shows sufficient cause for the default to the satisfaction of the court.

(6) Where, in any case referred to in subsection (5), the court is satisfied that the person in default has shown sufficient cause for his default, the costs and expenses of taking any measures in pursuance of the notice issued to that person shall, notwithstanding that the notice has not been issued on the occupier of the land, constitute a debt due from the occupier to the Government and be recoverable as such.”.

Amendment of section 11

10. Section 11 (1) of the principal Act is amended by inserting, immediately after the word “plant” at the end thereof, the words “or part thereof”.

Repeal and re-enactment of sections 12 and 13

11. Sections 12 and 13 of the principal Act are repealed and the following sections substituted therefor:

“Parking of vehicles on verges and turfed open spaces prohibited

12.—(1) Any person who without reasonable excuse parks a vehicle on any verge or turfed open space maintained by the Commissioner shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(2) In this section, “park” means to bring a vehicle to a stationary position and to cause it to wait for any purpose.

Service of notices, etc

13.—(1) Every notice, order or document required or authorised to be served under this Act or any rules made thereunder may be served on the person —

(a)

by delivering the notice, order or document to the person or to some adult member of his family at his last known place of residence;

(b)

by leaving the notice, order or document at his usual or last known place of residence or business in an envelope addressed to the person;

(c)

by sending the notice, order or document by registered post addressed to the person at his usual or last known place of residence or business; or

(d)

where the person is a body of persons or a company —

(i)	by delivering the notice, order or document to the secretary or other like officer of the body of persons or company at its registered office or principal place of business; or
(ii)	by sending the notice, order or document by registered post addressed to the body of persons or company at its registered office or principal place of business.

(2) Any notice, order or document sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person to whom the letter is addressed at the time when the letter would, in the ordinary course of post, be delivered and in proving service of the notice, order or document, it shall be sufficient to prove that the envelope containing the notice, order or document was properly addressed, stamped and posted by registered post.

(3) Notwithstanding subsections (1) and (2), a notice required or authorised by this Act or any rules made thereunder to be served —

(a)	on the owner of any vehicle may be addressed to the owner of any vehicle without stating his name or address and may also be served personally or by affixing the notice to the vehicle; or
(b)	on the owner or occupier of any premises may be served by delivering the notice or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom the notice can with reasonable diligence be delivered, by affixing it to some conspicuous part of the premises.”.

Amendment of section 14

12. Section 14 (5) of the principal Act is amended by deleting “$2,000” in the fourth line and substituting “$10,000”.

New sections 15A, 15B and 15C

13. The principal Act is amended by inserting, immediately after section 15, the following sections:

“Liability of owner of vehicle for offence committed, etc

15A.—(1) When an offence under this Act or any rules made thereunder 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 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 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.

(2) Nothing in this section shall affect 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 shall be imposed or recovered from any other person in relation thereto.

(3) Notwithstanding subsection (1), 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 a notice alleging that he has been guilty of an offence, furnishes 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 he did not know and would not with reasonable diligence have ascertained such name and address.

(4) A statement made under subsection (3) if produced in any proceedings against the person named therein in respect of the offence concerned shall be 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.

Obstruction of officers

15B. Any person who obstructs or hinders any authorised officer acting in the discharge of his duty under this Act or any rules made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

General penalties

15C. Any person guilty of an offence under this Act or any rules made thereunder for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $2,000.”.

Amendment of section 16

14. Section 16 of the principal Act is amended —

(a)	by deleting “$400” in subsection (1) and substituting “$1,000”; and
(b)	by inserting, immediately after the word “offence” in subsection (2), the words “except that where any damage has been caused to Government property, that person shall, in addition, be liable to make good the damage, the cost of which shall constitute a debt due from the person to the Government and be recoverable as such”.

New section 20A

15. The principal Act is amended by inserting, immediately after section 20, the following section:

“Offences by body corporate, etc

20A. Where an offence under this Act or any rules made thereunder has been committed by a body corporate, a partnership or unincorporated association of persons, any person who at the time of commission of the offence was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity, shall also be guilty of that offence unless he proves that the offence was committed without his consent or connivance, and that he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.”.

Amendment of section 21

16. Section 21 of the principal Act is amended —

(a)

by inserting, immediately after paragraph (f), the following paragraph:

“(fa)

prescribing the fees payable for the use of the premises or the facilities therein;”; and

(b)

by deleting “$2,000” in the last line of paragraph (g) and substituting “$5,000”.

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