Section 11

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.

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.

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 Board and be recoverable as such.

Any person to 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.

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.

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 to the occupier of the land, constitute a debt due from the occupier to the Board and be recoverable as such. [10