Parks and Trees Act 2005 · 2020 Revised Edition · Part 5 · Planting Areas, Public Open Spacesand Green Verges
25. Occupier’s duty to maintain planting areas
Feedback & supportIt is the duty of the occupier of the premises within which any planting area has been made up to maintain the planting area, either wholly or to the extent specified by the Commissioner in respect of that planting area, and in accordance with the specifications of the Commissioner.
occupier
“occupier”, in relation to any premises, means —(a)the person in actual occupation of the premises (whether or not the person is also the owner thereof) or, if there is no person in actual occupation, the person entitled to possession of the premises; and(b)if there is more than one occupier of the premises — any one of the occupiers;
The Commissioner may, by a maintenance notice, require the occupier of the premises mentioned in subsection (1) to carry out such works to the planting area or any part of it as the Commissioner thinks fit to be carried out for the proper maintenance of the planting area and to take such other measures as may be specified in the notice.
Commissioner
“Commissioner” means the Commissioner of Parks and Recreation appointed under section 4(1);
A maintenance notice under this section must specify the date on which it is to take effect and the period (which runs from the date the maintenance notice takes effect) within which any step required by the notice must be taken.
In this section and section 26, “planting area” includes any area that has, before 1 August 2005, been set aside as a green buffer or peripheral planting strip pursuant to any requirement imposed by the competent authority under the Planning Act 1998.