In forceAmended2020 Revised Edition

Contents

Parks and Trees Act 2005 · 2020 Revised Edition · Part 5 · Planting Areas, Public Open Spacesand Green Verges

27. Notice to plant or replant trees and plants, etc.

Amended

Last amended by an amending law of 2017.

(1)

For the purpose of enhancing greenery and promoting the use of trees and plants as important elements of streetscapes and landscapes or otherwise enhancing the amenity of any area located along or on any premises (whether or not mentioned in section 22) fronting, adjoining or abutting any public street, the Commissioner may at any time serve on the occupier of those premises a notice requiring the occupier, within such period as may be specified in the notice, to do all or any of the following within the green margin of those premises:

(a)

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

(b)

to take such measures for the maintenance or conservation of any tree or plant growing on the green margin as may be specified;

(c)

to clear the green margin of weeds or cut the grass; or

(d)

to take such other measures which the Commissioner considers necessary for such purpose.

(2)

A person must not, at any time, cut or damage any tree or plant which has been planted pursuant to a notice under subsection (1).

(3)

Subject to subsection (4), any person who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000.

(4)

Nothing in this section renders unlawful the cutting or damaging of any tree or plant by any person where the condition of the tree or plant constitutes an immediate threat to life or property.

(5)

In this section, the green margin of any premises means that part of the premises (whether or not part of a planting area) that is fronting, adjoining or abutting the public street, which is of a width of not more than 5 metres measured from —

(a)

the boundary of those premises; or

(b)

the boundary of the road reserve line (if any) encroaching upon those premises,whichever is the narrower.

Terms defined in s 2

Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Parks and Recreation appointed under section 4(1);
Open s 2
cut
Defined · s 2
“cut”, in relation to a tree or plant, means felling or lopping a tree or plant;
Open s 2
damage
Defined · s 2
“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);
Open s 2
occupier
Defined · s 2
“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;
Open s 2
plant
Defined · s 2
“plant” means any member of the plantae, protista, monera or fungi kingdom, and includes any angiosperm, gymnosperm, pteridophyte, bryophyte, algae, lichen or fungus;
Open s 2
planting area
Defined · s 2
“planting area” means any planting area mentioned in section 23;
Open s 2
premises
Defined · s 2
“premises” means —(a)any building or land or part thereof; or(b)any place (whether enclosed or built on or not) and includes any place situated underground or under water;
Open s 2
public street
Defined · s 2
“public street” means any street over which the public has a right of way and which has been vested in the Government under the Street Works Act 1995 or the repealed Local Government Integration Act or in any other manner;
Open s 2
tree
Defined · s 2
“tree” includes a single‑stemmed palm and any part of a tree or single‑stemmed palm (including its seedling, sapling or reshoot);
Open s 2

Report

Read on from s 28

Part 6

Prevention of Dangers

Read on from Part 6

Part 7

Powers of Enforcement

Read on from Part 7

Part 8

Offences, Penalties and Proceedings

Read on from Part 8

Part 9

General

Read on from Part 9