6. Notice to maintain or preserve trees in tree conservation areas
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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.
Commissioner
“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);
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.
occupier
“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;
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.
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.
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