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In forceAmended2020 Revised Edition

Part 4 · Conservation of Trees and Plants

14. No cutting or damaging of tree having girth of more thanone metre

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Amended

Last amended by an amending law of 2017.

(1)

Subject to subsection (6), a person must not, except with the approval of the Commissioner under section 20 and in accordance with the terms and conditions of such approval, cut any tree with a girth exceeding one metre growing on —

(a)

any tree conservation area; or

(b)

any vacant land (whether within or outside a tree conservation area).

(2)

A person who contravenes subsection (1) or damages any tree mentioned in that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

(3)

In determining the amount of fine to be imposed on a person convicted of an offence under subsection (2), the court is to, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

(4)

For the purposes of this section, the girth of a tree must be measured in the prescribed manner.

(5)

Where in any proceedings for an offence under this section, a question arises as to whether the girth of a tree exceeds or does not exceed one metre, a certificate purporting to be signed by the Commissioner or an authorised officer certifying the girth of the tree is admissible as prima facie evidence of the matters stated therein and of the signature of the Commissioner or authorised officer, as the case may be.

(6)

No approval mentioned in subsection (1) is required where the condition of the tree constitutes an immediate threat to life or property.

Report

Part 5

Planting Areas, Public Open Spacesand Green Verges

Part 6

Prevention of Dangers

Part 7

Powers of Enforcement

Part 8

Offences, Penalties and Proceedings

Part 9

General

Schedules