Parks and Trees Act 2005 · 2020 Revised Edition · Part 6 · Prevention of Dangers
37. Trees and plants obstructing traffic
Feedback & supportWhere the Commissioner is satisfied that any tree or plant, whether or not dead or dying, on any premises adjoining a street, railway or rapid transit system or any part thereof —
Commissioner
“Commissioner” means the Commissioner of Parks and Recreation appointed under section 4(1);
is likely, by falling or otherwise, to obstruct the traffic on the street, railway or rapid transit system or endanger the lives or property of travellers thereon; or
street
“street” means —(a)any road, bridge, underpass, tunnel, square, footway or passage, whether a thoroughfare or not, and whether the public has a right of way thereover or not;(b)the way over any public bridge; or(c)any road, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not,and includes all channels, drains, ditches, reserves and verges at the side of any street;
is obstructing or is likely, in any way, to obstruct the view of —
any motorist on the street; or
any operator of the railway or rapid transit system,the Commissioner may serve an enforcement notice requiring the occupier of the premises to take such measures (including cutting the tree or plant or any part of it) as the Commissioner thinks fit within the time specified in the notice.
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;