Parks and Trees Act 2005 · 2020 Revised Edition · Part 7 · Powers of Enforcement
42C. Immediate demolition, etc., of dangerous structure, etc., in public park
Feedback & supportLast amended by an amending law of 2022.
Where any sign, shrine, altar, religious object, shelter, structure or building is affixed, set up or erected in a public park contrary to this Act and —
by the exercise of reasonable diligence, the following cannot be ascertained:
the name of any person in section 42A(2)(a), (b)(ii) or (c)(ii) to whom the written notice under section 42A(1) is to be served;
the business address, residential address or last email address of the person in section 42A(2)(a), (b)(ii) or (c)(ii) to whom the written notice under section 42A(1) is to be served;
in the opinion of the Commissioner or an authorised officer, the sign, shrine, altar, religious object, shelter, structure or building —
is in such a condition, or is used to carry such loads, as to be endangering or expected to endanger other users of the public park; or
is causing or is likely to cause a serious obstruction to other users of the public park; or
in the opinion of the Commissioner or an authorised officer —
there is a serious and imminent risk of public disorder in the public park; or
an actual or imminent occurrence has happened or may happen that endangers or threatens the safety of users of the public park,because of any crowd, or any ceremony or other activity undertaken or which may be undertaken, at or around the sign, shrine, altar, religious object, shelter, structure or building,the Commissioner or authorised officer (as the case may be) may, without first serving a written notice under section 42A(1) —
alter, demolish or remove or cause to be altered, demolished or removed, the sign, shrine, altar, religious object, shelter, structure or building to avoid further danger or obstruction or a danger or an obstruction arising (as the case may be) to other users of the public park; and
move the sign, shrine, altar or religious object and any resulting debris from the altering, demolition or removal to a holding yard or another place.
For the purpose of exercising a power under subsection (1), the Commissioner or an authorised officer may, with any assistance that he or she considers necessary —
Commissioner
“Commissioner” means the Commissioner of Parks and Recreation appointed under section 4(1);
enter any premises (without warrant) but only after declaring his or her office to any owner or occupier of the premises, or any other person who appears to be in charge of those premises, and is present during entry; and
forcibly enter any premises without warrant, including by breaking open any outer or inner door or window leading to the premises and removing by force any obstruction to the entry, if the Commissioner or authorised officer (as the case may be) is unable to enter, or is refused entry to, the premises.
After a sign, shrine, altar, religious object, shelter, structure or building is altered, demolished or removed under subsection (1), the Commissioner or an authorised officer must, as soon as practicable, serve a notice to any owner, or person having charge or control, of the sign, shrine, altar, religious object, shelter, structure or building —
about the altering, demolition or removal of the sign, shrine, altar, religious object, shelter, structure or building and the moving it and any resulting debris to and detention at a holding yard or other place; and
informing about —
the manner by which and the time within which an owner of the sign, shrine, altar, religious object, shelter, structure or building, and any resulting debris, so detained may procure its release; and
the consequences that may follow under section 46A if the sign, shrine, altar, religious object, shelter, structure or building and any resulting debris is not claimed within the time specified in the notice.
A notice under subsection (3) is not required if, by the exercise of reasonable diligence, the name and the business address, residential address or last email address of the owner, or person having charge or control, of the sign, shrine, altar, religious object, shelter, structure or building cannot be ascertained.
owner
“owner”, in relation to a vehicle, includes —(a)every person who is the owner or joint owner or part owner of the vehicle and any person who is the hirer or has the use of the vehicle under a hire‑purchase agreement but not the lessor under any such agreement;(b)the person in whose name the vehicle is registered, except where the person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to the person in regard to the sale or disposal; and(c)in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act 1961, the person to whom the general licence is issued;
Subsection (2)(a) does not apply if the premises in question is unoccupied at the time of entry.
premises
“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;