Parks and Trees Act 2005 · 2020 Revised Edition · Part 4 · Conservation of Trees and Plants
21. Reinstatement notices as regards tree conservation areas, vacant lands and heritage road green buffers
Feedback & supportLast amended by an amending law of 2017.
Where it appears to the Commissioner that there has been a contravention of section 14(1) or (2), 18(1) or (2) or 19(1), the Commissioner may serve a reinstatement notice on all or any of the following persons:
Commissioner
“Commissioner” means the Commissioner of Parks and Recreation appointed under section 4(1);
any person who appears to the Commissioner to have been responsible for or have participated in anything done in contravention of any of those provisions; or
any occupier of the premises on which anything is done in contravention of any of those provisions.
A reinstatement notice under subsection (1) requires the person upon whom it is served to remedy (wholly or in part) the contravention or to remedy any injury or damage to any tree mentioned in section 14(1) or the heritage road green buffer mentioned in section 19(1) arising from that contravention and may, in particular, require that person —
damage
“damage”, in relation to a tree or plant, includes —(a)poisoning the tree or plant through —(i)applying any herbicide or other plant toxic chemical to it; or(ii)spilling (including washing off or directing water contaminated by) any oil, petroleum, paint, cement, mortar or the like onto the root zone of the tree or plant;(b)ringbarking the tree or plant or scarring its bark when operating any machinery, or by affixing any object (such as a sign) to it using nails, staples, wires or other means;(c)using tree climbing spikes on a healthy tree (except for the purpose of gaining access to an injured person on it) or fastening materials that significantly restrict the normal vascular function of the trunk or branches of the tree or plant; and(d)causing damage to the tree’s or plant’s root zone by compaction, excavation or asphyxiation (including filling or stockpiling it with materials);
to cease or refrain from, either wholly or to the extent specified in the notice, any activity on the premises concerned;
to replant or restore any tree cut or damaged in contravention of section 14(1) or (2), or, if such replanting or restoration is not reasonably practicable or is undesirable, to execute such works as the Commissioner may specify in the notice to alleviate the effect of the contravention, including planting other trees or plants and taking measures for their maintenance;
to alter, demolish or remove any property or material from the premises concerned, or any structure, object, fence, retaining wall, foundation, manhole, pipe, cable, mains or any obstruction or structure (whether temporary or permanent) that the person has erected or caused to be erected thereon in contravention of section 19(1);
to restore any part of the heritage road green buffer to its former state or, if such restoration is not reasonably practicable or is undesirable, to execute such works as the Commissioner may specify in the notice to alleviate the effect of the contravention of section 18(1) or (2) or 19(1) (as the case may be) including planting such trees or plants and taking measures for their maintenance; or
to take such other measures which the Commissioner reasonably considers necessary for the purposes of paragraph (a), (b), (c) or (d).
A reinstatement notice under this section must specify the date on which it is to take effect and the period (which runs from the date the reinstatement notice takes effect) within which any step required by the notice must be taken.