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Trees and Plants (Preservation and Improvement of Amenities) Bill

Bill No. 48/1970

Read the first time on 4th November 1970.

An Act to provide for the preservation and growing of trees and plants.

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 Trees and Plants (Preservation and Improvement of Amenities) Act, 1970, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In this Act, unless the context otherwise requires —

“occupier”, in relation to any land, means any person in actual occupation of the land, and includes the owner of the land and any other person in receipt of the rents or profits thereof, and any agent or trustee of an occupier of the land;

“plants” includes shrubs, climbers, creepers, hedges, ferns, flowers and lawn-grasses;

“Superintendent” means the Superintendent of Trees and Plants appointed under section 3 of this Act.

“vacant land” means any land which has not been developed for residential or industrial purposes, and includes any land on which any building or structure has been erected in contravention of any written law or in respect of which a temporary permit has been issued by the Chief Building Surveyor.

Appointment of Superintendent of Trees and Plants and other officers

3.—(1) The Minister may appoint an officer to be known as the Superintendent of Trees and Plants and such other officers as may be necessary for the purpose of administering and carrying out the provisions of this Act.

(2) The Superintendent shall, subject to any general or special directions of the Minister, have charge of the administration of this Act.

(3) Subject to any general or special directions of the Minister or the Superintendent, the powers conferred and duties imposed on the Superintendent by this Act, or any rules made thereunder, may be exercised or performed by any other officer appointed under subsection (1) of this section.

Restriction on felling or cutting of trees exceeding five feet in girth

4.—(1) Subject to the provisions of this Act no person shall, without the written permission of the Superintendent, fell or cut any tree, with a girth exceeding five feet, growing on any vacant land or such other lands as the Minister may, by order published in the Gazette, designate except where —

(a)	the felling or cutting is for the prevention of imminent danger; or
(b)	the felling or cutting is in compliance with any obligation imposed by or under any written law.

(2) For the purposes of subsection (1) of this section, the girth of a tree shall be measured two feet from the ground.

Application for written permission to fell or cut trees

5.—(1) An application for written permission under section 4 of this Act shall be made to the Superintendent in the prescribed manner by a person having such estate or interest in the land on which the tree is growing as would enable him, with or without the consent of any other person, to fell or cut the tree.

(2) Where any such application is made, the Superintendent may, if it appears to him to be in the interest of the amenity of the area to do so, refuse to grant permission or grant permission subject to such conditions as he thinks fit.

(3) Any written permission shall continue to be in force for such period as may be specified therein.

Review of refusal or conditions of written permission to fell or cut trees

6. Where the Superintendent refuses to grant written permission for the felling or cutting of any tree or grant such written permission subject to conditions, any person aggrieved by such refusal or conditions may, within the prescribed time and in the prescribed manner, appeal to the Minister whose decision thereon shall be final.

Penalty for felling or cutting trees without written permission

7. Any person who fells or cuts a tree in contravention of section 4 of this Act or who wilfully causes the death or destruction of a tree to which subsection (1) of section 4 of this Act applies shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars.

Superintendent may serve notice for enhancing amenity of land adjoining designated public roads

8.—(1) For the purpose of preserving or enhancing the amenity of any land adjoining or abutting on or near to a designated public road, the Superintendent may serve on the occupier of such land a notice requiring him, within such period as may be specified in the notice —

(a)	to plant any trees and plants of such size and species and at such places as may be so specified and to provide for their maintenance and protection; or
(b)	to clear the land of weeds and overgrown grasses.

(2) A notice under subsection (1) of this section may be addressed to the occupier without stating his name and may be served either by —

(a)	delivering it personally to the occupier;
(b)	leaving it with an adult at his usual or last known place of abode or business; or
(c)	sending it by registered post addressed to him at his usual or last known place of abode or business.

(3) A notice under subsection (1) of this section shall take effect at the end of such period (not being less than fourteen days after service thereof) as may be specified in the notice.

(4) A person on whom a notice under subsection (1) of this section is served may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal to the Minister in the prescribed manner against the notice on the grounds that —

(a)	the planting of trees and plants in accordance with the notice is not required in the interest of amenity;
(b)	the place on which the trees and plants are required to be planted is unsuitable for the purpose; or
(c)	the requirements of the notice are otherwise impracticable.

(5) The decision of the Minister upon the determination of such appeal shall be final.

(6) For the purposes of subsection (1) of this section, a designated public road means a public road or part thereof as the Minister may, by notification in the Gazette, designate.

Power of Superintendent to take measures in default of notice and to recover costs

9.—(1) Where the occupier of any land has failed to comply with the requirements of any notice served under subsection (1) of section 8 of this Act, the Superintendent may at all reasonable times enter upon the land and take in respect thereof such measures and do thereon such work as may be necessary to comply in whole or in part with the notice.

(2) All costs and expenses incurred by the Superintendent under subsection (1) of this section shall constitute a debt due from the occupier of land to the Government and be recoverable as such.

Trees and plants planted pursuant to sections 8 and 9 not to be damaged or removed

10.—(1) No person shall wilfully damage, destroy or remove a tree or plant which has been planted pursuant to section 8 or 9 of this Act.

(2) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars.

Power to compound

11. The Superintendent may compound any offence under this Act or any rules made thereunder by accepting a sum not exceeding one hundred dollars from the person who is suspected of having committed the offence.

Power of Minister on appeal

12. The Minister shall, on the determination of an appeal under section 6 or 8 of this Act, have the power to confirm, cancel or modify any decision made or any notice served by the Superintendent under this Act.

Protection from liability for bona fide acts

13. No action shall lie against the Superintendent or any officer appointed under this Act or any person acting under the direction of the Superintendent or such officer in respect of any matter or thing done bona fide for the purpose of carrying put the provisions of this Act.

Act not to affect liability of occupier

14. Nothing in this Act shall affect the liability in tort of an occupier for any injury or damage resulting from any tree or plant growing on his land.

Rules

15. The Minister may make rules —

(a)	prescribing any matter which is required under this Act to be prescribed; and
(b)	generally for carrying out the purposes and provisions of this Act.