Singapore legislation
Clause 54
Clause 54
Presumptions and defences
(1)
Where it is proved that a tree or plant was cut or damaged in contravention of section 14(1), 18(1) or 27(2), it shall be presumed, until the contrary is proved —
that the occupier of the premises on which the tree or plant was growing; or
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 —
the person who was carrying out the works at the time;
the employer of the person referred to in sub-paragraph (i) at the time of the offence; and
the qualified person or other person who instructed or caused or permitted the person referred to in sub-paragraph (i) to cut or damage that tree or plant,had cut or damaged the tree or plant.
(2)
In any proceedings for an offence under section 14(1), 18(1) or 27(2) against any person referred to in subsection (1)(b)(ii) or (iii), it shall be a defence for that person charged to prove to the satisfaction of the court —
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 responsibilities as an employer or a qualified person or such other person and to all the circumstances.