Parks and Trees Act 2005 · 2020 Revised Edition · Part 8 · Offences, Penalties and Proceedings
46. Default in compliance with notice or condition
Feedback & supportLast amended by an amending law of 2022. 2 amendments in all.
Any person who, without reasonable excuse —
fails to comply with the requirements of any of the following notices served on the person:
a tree conservation notice under section 15(1);
a reinstatement notice under section 11(1), 21(1), 26(3) or 31(3);
(iia)a notice under section 42A(1);
an enforcement notice under section 24(3), 28(3), 30(3) or 37;
a maintenance notice under section 25(2) or 37A(2); or
a notice to plant or replant under section 27(1); or
contravenes any condition of approval imposed by the Commissioner under section 12, 20 or 32,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction.
In any proceedings against a person for an offence under subsection (1), it is a defence for that person charged to prove to the satisfaction of the court that that person has used all due diligence to comply with the notice or condition of approval imposed.
The cost of any measures or works carried out in accordance with any notice mentioned in subsection (1)(a) is to be borne by the person on whom the notice is served.
If any notice or condition of approval mentioned in subsection (1) is not complied with to the satisfaction of the Commissioner, the Commissioner may at any time enter the premises concerned and carry out or cause to be carried out any works, activities or steps which are in the Commissioner’s opinion necessary to secure compliance with the notice or condition of approval (as the case may be), including all or any of the following:
Commissioner
“Commissioner” means the Commissioner of Parks and Recreation appointed under section 4(1);
cut or remove any tree;
alter, demolish or remove any sign, shrine, altar, religious object, shelter, structure or building erected, and removing to and detaining it and any resulting debris at a holding yard or other place;
remove to and detain any vehicle, boat, trailer, skip, dumpster or other thing at a holding yard or other place;
using reasonable force, including cutting or breaking open any lock, seal, fastener or other device.
All costs and expenses reasonably incurred by the Commissioner in exercise of the powers conferred by subsection (4) constitute a debt due from any person in default of the notice or condition of approval mentioned in subsection (1), and may be recoverable in the manner provided for in this Act.
Where —
any land has 2 or more occupiers; and
any measures have been taken or works have been executed by the Commissioner under this Act pursuant to any contravention of the notice or condition of approval mentioned in subsection (1),the occupiers shall be liable jointly for the whole costs and expenses incurred by the Commissioner, and those costs and expenses must be apportioned in such manner as appears to the Commissioner to be reasonable.
The certificate of the Commissioner stating the amount of the costs and expenses so incurred in exercise of the powers conferred by subsection (4) is conclusive evidence of that amount.
Any person to whom a notice has been issued as an occupier of the premises must, if the person is not the occupier of the premises in respect of which the notice has been issued, within 7 days from the date on which the notice was served on him or her, inform the Commissioner in writing that he or she is not the occupier.
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;
Any person who fails to comply with subsection (8) is, unless he or she proves to the satisfaction of the court before which the question of liability to pay the costs and expenses is determined under section 48, deemed, for the purpose of recovering such costs and expenses, to be the occupier of the premises in respect of which the notice was issued.
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;
Where, in any case referred to in subsection (9), the court is satisfied that the person in default has shown sufficient cause for his or her default in not complying with any notice mentioned in subsection (1), the costs and expenses incurred by the Commissioner in exercise of the powers conferred by subsection (4) may, even though the notice has not been issued to the occupier of the premises, be recoverable by the Board from the occupier in the manner provided for in this Act.
Board
“Board” means the National Parks Board established under the National Parks Board Act 1996;