In force1996 Revised Edition

Contents

Act of Parliament · 1996 Revised Edition

Parks and Trees Act

Feedback & supportPublic parks and gardens, and the protection and growing of trees

Official textFrom Singapore Statutes Online, unchanged

s 1Short title

This Act may be cited as the Parks and Trees Act.

In this Act, unless the context otherwise requires —“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;“Board” means the National Parks Board;“Commissioner” means the Commissioner of Parks and Recreation and includes any officer authorised by the Minister to perform the duties and functions of the Commissioner under section 3(3);“competent authority” means any one or more Government or statutory authorities empowered by any written law to approve plans for the development or subdivision of any land or plans relating to the construction of buildings;“felling” includes wilfully destroying by any means;“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;“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 the person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to him in regard to the 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 the general licence is issued; “plants” includes shrubs, climbers, creepers, hedges, ferns, flowers and lawn-grasses;“private street” means any street not being a public street;“public park” includes any walk, recreation ground, playground, open space, traffic island, verge or garden maintained by the Commissioner;“public street” means any street over which the public has a right of way which has been vested in the Government under the Street Works Act [Cap. 320A] or the repealed Local Government Integration Act [Cap. 166, 1985 Ed.] or in any other manner;“street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; and all channels, drains, ditches, reserves and verges at the side of any street shall be deemed to be part of the street;“tree conservation area” means any land designated by the Minister as a tree conservation area under section 5;“vacant land” means any verge or 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 relevant authority;“vehicle” means a vehicle whether mechanically propelled or otherwise except a perambulator or an invalid carriage the weight of which unladen does not exceed 254 kilograms and which is specially designed and constructed and not merely adapted for the use of a person suffering from some physical defect or disability and is used solely by such person;“verge” means any area by the side of a public street, whether turfed or not.

“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;

“Board” means the National Parks Board;

“Commissioner” means the Commissioner of Parks and Recreation and includes any officer authorised by the Minister to perform the duties and functions of the Commissioner under section 3(3);

“competent authority” means any one or more Government or statutory authorities empowered by any written law to approve plans for the development or subdivision of any land or plans relating to the construction of buildings;

“felling” includes wilfully destroying by any means;

“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;

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

(a)

(b)

(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 the general licence is issued;

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

“private street” means any street not being a public street;

“public park” includes any walk, recreation ground, playground, open space, traffic island, verge or garden maintained by the Commissioner;

“public street” means any street over which the public has a right of way which has been vested in the Government under the Street Works Act [Cap. 320A] or the repealed Local Government Integration Act [Cap. 166, 1985 Ed.] or in any other manner;

“street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; and all channels, drains, ditches, reserves and verges at the side of any street shall be deemed to be part of the street;

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

“vacant land” means any verge or 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 relevant authority;

“vehicle” means a vehicle whether mechanically propelled or otherwise except a perambulator or an invalid carriage the weight of which unladen does not exceed 254 kilograms and which is specially designed and constructed and not merely adapted for the use of a person suffering from some physical defect or disability and is used solely by such person;

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

s 3Appointment of Commissioner of Parks and Recreation and other officers

(1)

The Minister shall appoint a Commissioner of Parks and Recreation who shall be responsible for the performance of the duties and functions assigned to the Commissioner under this Act.

(2)

The Minister may appoint such number of officers as may be necessary for the purpose of administering and carrying out the provisions of this Act.

(3)

The Minister may, by notification in the Gazette, authorise one or more officers appointed under subsection (2) to perform the duties and functions of the Commissioner under this Act.

(4)

The Commissioner and all other officers appointed under subsection (2) shall be deemed to be public servants within the meaning of the Penal Code [Cap. 224].

(5)

The Minister may, by notification in the Gazette, authorise any officer appointed under subsection (1) or (2), as the case may be, to exercise within any public park all the powers of a police officer.

s 4Public parks, aquariums, recreation grounds and gardens, etc.

The Commissioner may, so far as the funds at his disposal shall permit, lay out, construct, plant, improve, equip, maintain, supervise and control lands set apart or acquired for the purpose of being used as public parks, aquariums, walks, recreation or pleasure grounds, swimming pools or gardens and may —

(a)

erect thereon any pavilion, recreation room, out-house or other building and charge for admission thereto;

(b)

provide entertainment or any amenity thereon or therein;

(c)

set apart any part of such lands for the purpose of any game or recreation and exclude the public from the part set apart while it is in actual use for that purpose;

(d)

provide any apparatus for games and recreation and facilities for boating and charge for the use thereof;

(e)

place, or authorise any person to place, chairs or seats on such lands and charge, or authorise any person to charge, for the use thereof;

(f)

provide and maintain refreshment stalls, food-stalls and restaurants on any such lands and either manage them himself or, if he thinks fit, let them to any person on such conditions as he may determine;

(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

(h)

plant trees and vegetation in or about any public street.

s 5Restriction on felling or cutting of any tree having girth of more than one metre

(1)

Subject to the provisions of this Act, no person shall, without the written permission of the Commissioner, fell or cut any tree with a girth exceeding one metre growing on any vacant land or such other land as the Minister may, by order published in the Gazette, designate as a tree conservation area unless the felling or cutting is —

(a)

for the prevention of imminent danger; or

(b)

in compliance with any obligation imposed by any written law.

(2)

For the purposes of subsection (1), the girth of a tree shall be measured half a metre from the ground.

(3)

Any person who fells or cuts a tree in contravention of subsection (1) or who wilfully causes the death or destruction of a tree to which that subsection applies shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(4)

Where in any proceedings for an offence under this section —

(a)

it is proved that a tree was felled or cut, it shall be presumed, until the contrary is proved, that the tree had been felled or cut by the occupier of the land on which the tree was growing; and

(b)

a question arises as to whether the girth of a tree measured half a metre from the ground exceeds or does not exceed one metre, a certificate purporting to be signed by the Commissioner and certifying the girth of the tree and that he has examined the tree shall be admissible as evidence of the matters stated therein without proof of the signature of the Commissioner to the certificate.

s 6Notice to maintain or preserve trees in tree conservation areas

(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 Board and be recoverable as such.

(4)

Any person to whom a notice under subsection (1) 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 to 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 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. [5A

s 7Application for written permission to fell or cut trees

(1)

An application for written permission to fell or cut any tree to which section 5(1) applies shall be made to the Commissioner 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 Commissioner 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 to fell or cut any tree granted under this Act shall continue to be in force for such period as may be specified therein.

(4)

Any person who is aggrieved by a decision of the Commissioner made under subsection (2) may, within 2 weeks of the date of the decision, appeal in the prescribed manner to the Minister whose decision shall be final. [6

s 8Notice to plant or replant trees, etc.

(1)

For the purpose of preserving or enhancing the amenity of any vacant land, or land on which a new street is to be made, or adjoining or abutting on or near to a public street, the Commissioner may serve on the occupier of that land a notice requiring him, within such period (not being less than 14 days after service thereof) as may be specified in the notice —

(a)

to plant or replant any tree and plant of such size and species and at such places as may be so specified and to provide for their maintenance and protection;

(b)

to clear the land of weeds or cut the grass; or

(c)

to take such other measures as are reasonably necessary for such purpose.

(2)

A notice under subsection (1) shall take effect at the end of such period as may be specified in the notice.

(3)

If within that period the occupier appeals to the Minister, the notice shall not take effect unless the notice is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or is withdrawn.

(4)

A person on whom a notice under subsection (1) is served may, at any time before the notice takes effect, appeal to the Minister in the prescribed manner against all or any of the requirements of the notice on the grounds that —

(a)

the planting or replanting 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 or unreasonable.

(5)

The decision of the Minister on an appeal shall be final.

(6)

Any person who fails to comply with any requirement of a notice served 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. [7

s 9Power of Commissioner to take measures in default of notice and to recover costs and expenses

(1)

Where the occupier of any land has failed to comply with the requirements of any notice which has become effective under section 8(2) or (3), the Commissioner may at all reasonable times enter upon the land and take in respect thereof such measures and do such work thereon as may be necessary to comply in whole or in part with the notice.

(2)

All costs and expenses incurred by the Commissioner under subsection (1) shall constitute a debt due from the occupier of the land to the Board and be recoverable as such. [8

s 10Trees and plants planted under section 8 or 9 not to be damaged or removed

(1)

No person shall wilfully damage, destroy or remove a tree or plant which has been planted under section 8 or 9.

(2)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [9

s 11Prevention of dangers

(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.

(2)

(3)

(4)

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.

(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)

Read on from s 12