新加坡公園樹木法 Parks and Trees Act 2005

“animal” means any mammal (other than man), bird, reptile, amphibian, fish (including shellfish), insect or any other living creature, vertebrate or invertebrate, and includes any egg or young thereof;

“authorised officer” means any person appointed under section 4(3);

“Board” means the National Parks Board established under the National Parks Board Act 1996;

“boat” means any launch, vessel or floating craft used in navigation by water, however propelled or moved;

“bridge” includes any flyover, overpass and viaduct;

“building” has the meaning given by the Building Control Act 1989;

“building works” means any of the following works:

“Commissioner” means the Commissioner of Parks and Recreation appointed under section 4(1);

“competent authority” means the authority appointed under section 5 of the Planning Act 1998 to be responsible for the operation of Part 3 of that Act;

“cut”, in relation to a tree or plant, means felling or lopping a tree or plant;

“damage”, in relation to a tree or plant, includes —

“footway” includes any footpath, verandah-way, open or covered walkway, pedestrian mall, plaza, square, and other related structures and facilities;

“green verge” means the portion along the centre median or side of a public street, or a traffic island within a public street, which is provided for the growing of trees or plants;

“heritage road green buffer” means any area designated by the Minister as such under section 16(1);

“marine park” means any area of the sea or seabed that is set aside for conservation of marine organisms and is designated in Part 3 of the Schedule;

“national park” means any area designated for the time being in Part 1 of the Schedule;

“nature reserve” means any area designated for the time being in Part 2 of the Schedule;

“occupier”, in relation to any premises, means —

“organism” means —

“owner”, in relation to a vehicle, includes —

“park ranger” means any person appointed under section 4(6);

“planning permission” has the meaning given by the Planning Act 1998;

“plant” means any member of the plantae, protista, monera or fungi kingdom, and includes any angiosperm, gymnosperm, pteridophyte, bryophyte, algae, lichen or fungus;

“planting area” means any planting area mentioned in section 23;

“premises” means —

“public park” means any State land, any land belonging to the Board or any other land, which is —

“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 (Cap. 166, 1985 Revised Edition) or in any other manner;

“qualified person” means a person who is registered as —

“repealed Act” means the Parks and Trees Act (Cap. 216, 1996 Revised Edition) repealed by this Act;

“road authority” means the Land Transport Authority of Singapore established under section 3 of the Land Transport Authority of Singapore Act 1995;

“street” means —

“street works” includes works of levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of cables and mains and other utility services executed in a street or part thereof and the reinstatement of a street or part thereof;

“tree” includes a single‑stemmed palm and any part of a tree or single‑stemmed palm (including its seedling, sapling or reshoot);

“tree conservation area” means any land designated by the Minister as such under section 13(1);

“vacant land” means —

“vehicle” means a vehicle whether mechanically propelled or otherwise.

[9/2017]

(2)  To avoid doubt, no person is immune from prosecution for any offence under this Act by reason that the person is a contractor engaged to provide services to the Government, or is acting in any other similar capacity for, or on behalf of, the Government.

(2)  The Commissioner is, subject to any general or special directions of the Board, responsible for the administration of this Act and may perform such duties as are imposed and may exercise such powers as are conferred upon the Commissioner by this Act or any other written law.

[10/2019]

(3)  The Commissioner may, subject to the directions of the Board, appoint any of the following persons to be an authorised officer for the purpose of assisting the Commissioner in administering and carrying out the provisions of this Act or any other written law which confers powers on the Commissioner:

(4)  The Commissioner may delegate the exercise of all or any of the powers conferred or duties imposed upon the Commissioner by any provision of this Act or any other written law (except the power of delegation conferred by this subsection) to an authorised officer; and any reference in the provision of this Act or any other written law to the Commissioner includes a reference to such an authorised officer.

[10/2019]

(5)  Any delegation under subsection (4) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Board may specify.

[10/2019]

(6)  The Commissioner may appoint any of the following persons to be a park ranger who may exercise the powers conferred on a park ranger under sections 41, 42, 42A and 42B within the national park, nature reserve or public park and in the circumstances specified in the Commissioner’s authorisation for the park ranger under subsection (7):

[Act 42 of 2022 wef 01/11/2024]

(7)  The Commissioner must issue to each park ranger an authorisation specifying where, or the circumstances in which, the park ranger may exercise the powers conferred on a park ranger under sections 41, 42, 42A and 42B.

[9/2017]

[Act 42 of 2022 wef 01/11/2024]

(8)  The powers conferred on a park ranger under sections 41, 42, 42A and 42B must be exercised only to the extent of the authorisation under subsection (7).

[9/2017]

[Act 42 of 2022 wef 01/11/2024]

(9)  The Commissioner may, for any reason that appears to the Commissioner to be sufficient, at any time revoke a person’s appointment as an authorised officer or a park ranger.

[9/2017]

(10)  A person who is appointed as an authorised officer under subsection (3)(d) or a park ranger under subsection (6) does not, by virtue only of the appointment, become an employee or agent of the Board.

[9/2017; 10/2019]

(2)  It shall not be an offence for any person to refuse to comply with any request, demand or order made by the Commissioner or any authorised officer or park ranger not in uniform, who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person.

(2)  The areas designated in Part 2 of the Schedule are set aside as nature reserves.

(3)  National parks and nature reserves are set aside for all or any of the following purposes:

(a)

cut, collect or displace any tree or plant or any part thereof;

(b)

affix, set up or erect any sign, shrine, altar, religious object, shelter, structure or building;

(c)

clear, break up, dig or cultivate any land;

(d)

use or occupy any building, vehicle, boat or other property of the Board; or

(e)

wilfully drop or deposit any dirt, sand, earth, gravel, clay, loam, manure, refuse, sawdust, shavings, stone, straw or any other matter or thing from outside the national park or nature reserve.

(2)  A person must not carry out any activity within any national park or nature reserve which the person knows or ought reasonably to know causes or may cause alteration, damage or destruction to any property, tree or plant within the national park or nature reserve.

(3)  A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction.

(4)  Subsections (1) and (2) do not apply to —

(a)

capture, displace or feed any animal;

(b)

disturb or take the nest of any animal;

(c)

collect, remove or wilfully displace any other organism;

(d)

use any animal, firearm, explosive, net, trap, hunting device or instrument or means whatever for the purpose of capturing any animal; or

(e)

carry or have in the person’s possession any explosive, net, trap or hunting device.

(2)  A person must not carry out any activity within any national park or nature reserve which the person knows or ought reasonably to know causes or may cause injury to, or the death of, any animal or any other organism within the national park or nature reserve.

(3)  A person must not, except with the approval of the Commissioner granted under section 12 and in accordance with the terms and conditions of such approval —

(4)  A person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction.

(5)  Subsections (1), (2) and (3) do not apply to —

(2)  A person must not —

(3)  A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.

(4)  Subsections (1) and (2) do not apply to —

(2)  A reinstatement notice mentioned in subsection (1) may, in particular, require —

(3)  A reinstatement notice must specify the date on which it is to take effect and the period (which runs from the date the reinstatement notice takes effect) within which any step required by the notice must be taken.

(2)  The Commissioner may require an applicant to provide the Commissioner with such further information or documents as the Commissioner considers necessary in relation to the application for approval.

(3)  The Commissioner may, upon an application by any person for approval to carry out or cause the carrying out of any activity referred to in section 8(1) or 9(1) or (3) —

(4)  The Commissioner may, at any time, by written notice revoke any approval granted under this section if he or she is satisfied —

(2)  A copy of any map of a tree conservation area published in the Gazette, being a copy purporting to be certified by the Commissioner as being a true copy of the map so published, is admissible in any legal proceedings and is evidence of the matters contained in the map.

(a)

any tree conservation area; or

(b)

any vacant land (whether within or outside a tree conservation area).

(2)  A person who contravenes subsection (1) or damages any tree mentioned in that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

(3)  In determining the amount of fine to be imposed on a person convicted of an offence under subsection (2), the court is to, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

(4)  For the purposes of this section, the girth of a tree must be measured in the prescribed manner.

[9/2017]

(5)  Where in any proceedings for an offence under this section, a question arises as to whether the girth of a tree exceeds or does not exceed one metre, a certificate purporting to be signed by the Commissioner or an authorised officer certifying the girth of the tree is admissible as prima facie evidence of the matters stated therein and of the signature of the Commissioner or authorised officer, as the case may be.

[9/2017]

(6)  No approval mentioned in subsection (1) is required where the condition of the tree constitutes an immediate threat to life or property.

(a)

within any tree conservation area; or

(b)

on any vacant land (whether within or outside a tree conservation area),

or a group of such trees, the Commissioner may serve a tree conservation notice with respect to such tree or group of trees addressed to —

(c)

the occupier of the premises or land on which the tree or group of trees is growing; or

(d)

any person carrying out or intending to carry out any building works, whether on the premises or within its vicinity which, in the Commissioner’s opinion, causes or is likely to cause damage to the tree or group of trees.

(2)  A tree conservation notice under subsection (1) may, in particular, require the occupier or person mentioned in that subsection —

(3)  Every tree conservation notice under subsection (1) must specify —

(4)  The Commissioner may, at any time, revoke any tree conservation notice made under this section.

(a)

any green verge (whether within or outside a tree conservation area); or

(b)

any other area located along or on land fronting, adjoining or abutting any street (whether within or outside a tree conservation area),

as a heritage road green buffer.

(2)  A copy of any map of a heritage road green buffer published in the Gazette, being a copy purporting to be certified by the Commissioner as being a true copy of the map so published, is admissible in any legal proceedings and is evidence of the matters contained in the map.

(2)  For the purpose of managing and maintaining heritage road green buffers, the Commissioner or any officer, employee of or other person authorised in writing by the Board has the right, at any reasonable time, to enter upon any heritage road green buffer that is State land and do all things as are reasonably necessary for the management and maintenance of the heritage road green buffer.

(3)  Subject to subsection (4), where a heritage road green buffer, or any part of it, lies within any premises other than State land, the Commissioner or any officer, employee of or other person authorised in writing by the Board has the right, at any reasonable time, to enter upon the heritage road green buffer or any part thereof for the purpose of —

(4)  The right to enter upon any premises under subsection (3) may be exercised if, and only if, the Commissioner or any officer, employee of or other person authorised in writing by the Board has given notice of his or her intention to perform the Board’s function and discharge its duty under this section to the occupier of the premises or any person having any estate, right, share or interest in the premises.

(5)  A notice under subsection (4) must be in writing and is deemed to be given to and received by an occupier if it is affixed to a conspicuous part of the premises to be entered.

(2)  A person who contravenes subsection (1) or damages any tree or plant within a heritage road green buffer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

(3)  In determining the amount of fine to be imposed on a person convicted of an offence under subsection (2), the court is to, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

(4)  No approval mentioned in subsection (1) is required where —

(a)

alter, close up or remove any heritage road green buffer;

(b)

erect or place any structure or object in, above, across or under any heritage road green buffer; or

(c)

erect, construct or lay within any heritage road green buffer any fence, retaining wall, foundation, manhole, pipe, cable, mains or any obstruction or structure (whether temporary or permanent).

(2)  A person who, without reasonable cause, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction.

(3)  The road authority must, before carrying out within a heritage road green buffer any work or activity in the performance of any function or discharge of any duty conferred on the road authority by or under any written law, consult the Board in respect thereof.

(a)

made to the Commissioner in such manner as may be prescribed; and

(b)

accompanied by such non-refundable application fee as may be prescribed.

[9/2017]

(2)  An application for an approval to carry out or cause to be carried out any activity referred to in section 14(1) or 18(1) may be made by a person having such estate or interest in the premises on which the tree or plant is growing as would enable the person to cut the tree or plant.

(3)  The Commissioner may require an applicant to provide the Commissioner with such further information or documents as the Commissioner considers necessary in relation to the application for approval.

(4)  The Commissioner may, upon an application by any person for approval to carry out or cause to be carried out any activity referred to in section 14(1), 18(1) or 19(1) —

(5)  The Commissioner may, at any time, by written notice revoke any approval granted under this section if he or she is satisfied —

(6)  In determining whether to grant an approval under this section, the Commissioner may have regard to the following matters:

(a)

any person who appears to the Commissioner to have been responsible for or have participated in anything done in contravention of any of those provisions; or

(b)

any occupier of the premises on which anything is done in contravention of any of those provisions.

[9/2017]

(2)  A reinstatement notice under subsection (1) requires the person upon whom it is served to remedy (wholly or in part) the contravention or to remedy any injury or damage to any tree mentioned in section 14(1) or the heritage road green buffer mentioned in section 19(1) arising from that contravention and may, in particular, require that person —

(3)  A reinstatement notice under this section must specify the date on which it is to take effect and the period (which runs from the date the reinstatement notice takes effect) within which any step required by the notice must be taken.

(a)

the building plans of which require the approval of the Commissioner of Building Control under the Building Control Act 1989; and

(b)

in respect of which planning permission is granted on or after 1 August 2005.

(2)  Without prejudice to subsection (1), all premises mentioned in section 22, and such other premises as may be prescribed under subsection (3), must be provided with such other planting areas within the premises as the Minister may, by notification in the Gazette, prescribe under subsection (3).

(3)  The Minister may, for the purpose of enhancing greenery and promoting the use of trees and plants as important elements of streetscapes and landscapes, by notification in the Gazette, prescribe different dimensions (including the location and site specifications) of planting areas for different classes or descriptions of premises, whether or not the premises are those mentioned in section 22.

(4)  All planting areas must be made up in accordance with the specifications of the Commissioner.

(5)  Every notification made under subsection (3) must be presented to Parliament as soon as possible after publication in the Gazette.

(6)  The Commissioner may, in any particular case, modify or waive, subject to such terms and conditions as the Commissioner may impose, the prescribed dimensions of a planting area.

[9/2017]

(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction.

(3)  If any works are carried out in contravention of subsection (1), or no planting area as required by section 23 is provided within any premises, the Commissioner may serve upon —

(2)  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.

(3)  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.

(4)  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.

(a)

alter, close up or remove any planting area in any premises;

(b)

erect or place any structure or object in, above, across or under any such planting area;

(c)

erect, construct or lay within any planting area in any premises any fence, retaining wall, foundation, manhole, pipe, cable, mains or any obstruction or structure (whether temporary or permanent); or

(d)

carry out any works within a planting area in any premises which deviate from any specifications issued or approved by the Commissioner under section 34.

(2)  A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction.

(3)  Where it appears to the Commissioner that there has been a contravention of subsection (1), he or she may serve a reinstatement notice on all or any of the following persons:

(4)  The reinstatement notice under subsection (3) may, in particular, require the person on whom it is served —

(5)  A reinstatement notice under this section must specify the date on which it is to take effect and the period (which runs from the date the reinstatement notice takes effect) within which any step required by the notice must be taken.

(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.

[9/2017]

(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 —

(2)  It is the duty of the occupier of the premises mentioned in section 22 who carries out or causes to be carried out any building works mentioned in that section to make up every open space mentioned in subsection (1) in accordance with the specifications of the Commissioner.

(3)  Where it appears to the Commissioner that there has been a contravention of subsection (2), he or she may serve an enforcement notice on the occupier of the premises on which anything is done in contravention of that subsection.

(4)  An enforcement notice under this section must specify the date on which it is to take effect and the period (which runs from the date the enforcement notice takes effect) within which any step required by the notice must be taken.

(2)  Any plan prepared by the Commissioner under subsection (1) must comply with the requirements of the Land Titles Act 1993 in respect of registered land and of the Registration of Deeds Act 1988 in respect of other land and must show thereon the premises which will vest in the Government.

(3)  Any declaration referred to in subsection (1) must be published in the Gazette.

(4)  Where any premises that are to be vested in the Government under this section consist of premises included in separate lots already set aside as a public park, the declaration must be registered against those lots under the provisions of the Land Titles Act 1993 in respect of registered land and under the provisions of the Registration of Deeds Act 1988 in respect of other land.

(5)  Where any premises that are to be vested in the Government under this section consist of premises included in an existing lot or lots, those premises forming the public park are to be excised from the existing lot or lots and the declaration must be registered in respect of the excised portions under the provisions of the Land Titles Act 1993 in respect of registered land and under the provisions of the Registration of Deeds Act 1988 in respect of other land.

(6)  Upon the registration of a declaration made under subsection (1), the premises forming the public park vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting is not to be deemed to create a subdivision within the meaning of the State Lands Act 1920.

(7)  No compensation is payable for any premises that are vested in the Government under this section.

(8)  When any premises are vested in the Government under this section, the Board may take possession of the premises and proceed to demolish and remove any building or portion of any building forming part thereof.

(a)

any new public street; or

(b)

any street which is to be set aside for use as a public street pursuant to any development proposal or plan approved by the competent authority.

(2)  A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction.

(3)  Where it appears to the Commissioner that any construction works are carried out in contravention of subsection (1), or no green verges are made up in respect of those construction works, he or she may serve upon —

(4)  The road authority must, before commencing or carrying out, or permitting or authorising the commencement or carrying out of any construction works mentioned in subsection (1) in the performance of any function or discharge of any duty conferred on the road authority by or under any written law, consult the Commissioner in respect thereof.

(5)  Nothing in this section requires an application for approval under section 32 in respect of any construction works mentioned in subsection (1) for which the relevant approval has been obtained from the Board before 1 August 2005.

(6)  For the purposes of this section, the construction of a new public street is deemed to include —

(a)

any public street; or

(b)

any street which is to be declared a public street under section 26 of the Street Works Act 1995,

which may affect any green verge along that street.

(2)  A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction.

(3)  Where it appears to the Commissioner that there has been a contravention of subsection (1), he or she may serve a reinstatement notice on any person who appears to the Commissioner to have been responsible for or have participated in anything done in contravention of that subsection requiring the person to remedy (wholly or in part) the contravention.

(4)  The reinstatement notice under subsection (3) may, in particular, require the person on whom it is served —

(5)  A reinstatement notice under this section must specify the date on which it is to take effect and the period (which runs from the date the reinstatement notice takes effect) within which any step required by the notice must be taken.

(6)  The road authority must, before commencing or carrying out, or permitting or authorising the commencement or carrying out of any street works referred to in subsection (1) in the performance of any function or discharge of any duty conferred on the road authority by or under any written law, consult the Commissioner in respect thereof.

(7)  Nothing in this section requires an application for approval under section 32 in respect of any street works mentioned in subsection (1) for which the relevant approval has been obtained from the Board before 1 August 2005.

(a)

made to the Commissioner in such form and manner as the Commissioner may require;

(b)

accompanied by such plans of the works to which the application relates, and such other documents, as the Commissioner may require; and

(c)

accompanied by such non-refundable application fee as may be prescribed.

[9/2017]

(2)  The Commissioner may require the plans mentioned in subsection (1)(b) —

(3)  Upon receipt of an application mentioned in subsection (1) in respect of any works, the Commissioner may, subject to subsection (4) —

(4)  The Commissioner must not grant any approval under section 30(1) unless —

(5)  Where the plans mentioned in subsection (1)(b) are certified by a qualified person, the Commissioner may, on the basis of such certification and without checking those plans, issue an approval in respect of the works, except that nothing prohibits or prevents the Commissioner from carrying out random checks on any of the plans mentioned in subsection (1)(b) before approving the works.

(6)  Where an approval has been granted under subsection (3) in respect of plans submitted under subsection (1)(b) and the applicant intends to depart or deviate from the plans approved, the applicant must apply to the Commissioner for his or her approval of the plans showing the proposed departure or deviation, and subsections (2) to (5) apply, with the necessary modifications, to an application for an approval under this subsection.

(7)  Any approval granted in respect of any works under this section lapses upon the earlier of the following events:

(8)  The Commissioner may, at any time, by written notice revoke any approval granted under subsection (3) if he or she is satisfied —

(2)  If the Commissioner is satisfied that the works in respect of which an approval has been granted under section 32 have been completed in accordance with the plans for those works mentioned in section 32(1)(b) and any condition imposed by the Commissioner under section 32(3), the Commissioner may grant a compliance certificate unconditionally or subject to such conditions as he or she thinks fit.

(3)  Where the Commissioner has revoked any approval under section 32(8), any compliance certificate granted in respect of the works is automatically revoked.

(2)  If any provision in any specifications issued or approved by the Commissioner under subsection (1) is inconsistent with any regulations made under this Act, such provision, to the extent of the inconsistency, either has effect subject to such regulations or, where appropriate, having regard to such regulations, does not have effect.

(a)

take all reasonable steps and exercise due diligence in supervising and inspecting the works to ensure that those works are carried out in accordance with this Act and with the plans submitted under section 32 and with all conditions imposed by the Commissioner under that section; and

(b)

notify the Commissioner of any contravention of the provisions of this Act pertaining to the works.

(2)  Any qualified person who contravenes any of the requirements of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

(3)  In any prosecution against a qualified person for an offence under subsection (1)(b), it is a defence for the qualified person to prove to the satisfaction of the court that he or she did not know or could not reasonably have discovered the contravention referred to in the charge.

(2)  Any person who —

(a)

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

(b)

is obstructing or is likely, in any way, to obstruct the view of —

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.

(2)  Where the Commissioner or authorised officer is satisfied that the condition of any tree or plant on the premises inspected under subsection (1) constitutes a danger to any person or property, the Commissioner or authorised officer may by a maintenance notice require the occupier of the premises —

(3)  A maintenance notice issued under subsection (2) must specify the date on which the notice takes effect, and the period (beginning on the date the notice takes effect) within which any step required by the notice must be taken.

[9/2017]

(a)

the condition of any tree or plant, whether or not dead or dying, on any premises constitutes an immediate threat to life or property; or

(b)

it is reasonably necessary to cut or damage a tree or plant, whether or not dead or dying, on any premises to protect human life or property from fire or for extinguishing or restricting the spread of fire,

the Commissioner may take such measures and do such works on those premises or other premises adjacent thereto as may be necessary to cut or damage the tree or plant or any part of it.

(2)  All costs and expenses incurred by the Commissioner under subsection (1) constitute a debt due from the occupier of the premises mentioned in that subsection to the Board, and may be recoverable in the manner provided for in this Act.

(2)  An information notice under subsection (1) must be complied with by giving the required information in writing to the Commissioner or authorised officer, as the case may be.

(3)  Any person who fails to comply with any notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(4)  It is a defence for a person charged with an offence under subsection (3) to prove that the person did not know and could not with reasonable diligence have ascertained, the information required in the information notice.

(5)  If any person —

(a)

ascertaining whether there is, or has been, on or in connection with the premises, a contravention of this Act;

(b)

ascertaining whether circumstances exist that would authorise the Commissioner to take any action or execute any works under this Act; or

(c)

taking any action or carrying out any works, authorised or required by this Act.

(2)  The Commissioner or any authorised officer may take or cause to be taken any photograph of the premises and any property or material found thereon and such other steps as he or she may consider necessary without involving any search or seizure of any premises, thing or person.

(3)  The occupier of any premises must, if required by the Commissioner or any authorised officer, as the case may be —

(4)  Any person who —

(2)  Any person who —

[9/2017]

(3)  The Commissioner, an authorised officer or a police officer may arrest, without warrant, any person who has committed or who is reasonably suspected to have committed an offence under subsection (2).

[9/2017]

(4)  A park ranger may exercise the powers under subsections (1) and (3) in respect of any person who has committed or whom the park ranger reasonably suspects of having committed an offence under this Act within the national park, nature reserve or public park specified in the authorisation for the park ranger under section 4(7).

[9/2017]

(5)  The Commissioner, authorised officer, police officer or park ranger making an arrest under subsection (3) must not restrain the person arrested more than is necessary to prevent the person’s escape.

[9/2017]

(6)  A person arrested under this section may be detained until his or her name and address are correctly ascertained except that no person so arrested may be detained longer than is permitted by written law and is necessary for bringing him or her before a court unless the order of a court for his or her detention is obtained.

(a)

examine orally any person supposed to be acquainted with the facts and circumstances of the case; and

(b)

by written order require any person within the limits of Singapore, who appears to be acquainted with the facts and circumstances of the case, to attend before the Commissioner or authorised officer.

[9/2017]

(2)  The person mentioned in subsection (1)(a) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case except only that the person may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose the person to a criminal charge or to penalty or forfeiture.

[9/2017]

(3)  A statement made by any person examined under this section must —

(4)  If any person fails to attend before the Commissioner or an authorised officer as required by an order under subsection (1)(b), the Commissioner or authorised officer may report such failure to a Magistrate who may issue a warrant to secure the attendance of that person as required by the order.

[9/2017]

(2)  If the Commissioner, an authorised officer, a park ranger or a police officer has reason to believe that any offence has been committed under this Act within any national park, nature reserve or public park, he or she may inspect and search any baggage, equipment, package, container, tent, vehicle, boat, craft or place and seize any thing therein which he or she requires as evidence that any such offence has been committed.

(3)  [Deleted by Act 42 of 2022 wef 01/11/2024]

(a)

any vehicle, boat, trailer, skip, dumpster or other thing is parked, moored or otherwise left in a national park, nature reserve or public park contrary to this Act; or

(b)

any sign, shrine, altar, religious object, shelter, structure or building is affixed, set up or erected in a public park contrary to this Act,

the Commissioner, an authorised officer or a park ranger may serve upon any person specified in subsection (2) a written notice requiring the person to do any of the following within the period specified in the notice, or any extension of that period that the Commissioner, authorised officer or park ranger (as the case may be) may allow in any particular case:

(c)

to remove the vehicle, boat, trailer, skip, dumpster or other thing mentioned in paragraph (a) from the national park, nature reserve or public park, as the case may be;

(d)

to alter, demolish or remove any sign, shrine, altar, religious object, shelter, structure or building mentioned in paragraph (b) and remove all resulting debris from the public park concerned.

(2)  The written notice mentioned in subsection (1) may be served on any person as follows:

(a)

by the exercise of reasonable diligence, the following cannot be ascertained:

(b)

in the opinion of the Commissioner, an authorised officer or a park ranger, the vehicle, boat, trailer, skip, dumpster or other thing —

the Commissioner, authorised officer or park ranger (as the case may be) may, without first serving a written notice under section 42A(1), move or cause to be moved, the vehicle, boat, trailer, skip, dumpster or other thing to a holding yard, or to another place, to avoid further danger or obstruction or a danger or an obstruction arising (as the case may be) to other users of the national park, nature reserve or public park.

(2)  For the purpose of exercising a power under subsection (1), the Commissioner, an authorised officer or a park ranger may, with any assistance that he or she considers necessary —

(3)  After a vehicle, boat, trailer, skip, dumpster or other thing is moved to a holding yard or other place under subsection (1), the Commissioner, an authorised officer or a park ranger (as the case may be) must, as soon as practicable, serve a notice to any owner, or person having charge or control, of the vehicle, boat, trailer, skip, dumpster or other thing —

(4)  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 vehicle, boat, trailer, skip, dumpster or other thing cannot be ascertained.

(a)

by the exercise of reasonable diligence, the following cannot be ascertained:

(b)

in the opinion of the Commissioner or an authorised officer, the sign, shrine, altar, religious object, shelter, structure or building —

(c)

in the opinion of the Commissioner or an authorised officer —

the Commissioner or authorised officer (as the case may be) may, without first serving a written notice under section 42A(1) —

(d)

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

(e)

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.

(2)  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 —

(3)  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 —

(4)  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.

(5)  Subsection (2)(a) does not apply if the premises in question is unoccupied at the time of entry.

(a)

hinders or obstructs the Commissioner, an authorised officer or a park ranger in the performance or execution of his or her duty or of any thing which he or she is empowered or required to do under this Act; or

(b)

interferes with any works authorised to be done by the Commissioner or any authorised officer or park ranger under this Act,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

(2)  In this section, “park” means to bring a vehicle to a stationary position or to cause it to wait for any purpose.

(2)  Nothing in this section affects the liability of the actual offender but, where a penalty has been imposed on or recovered from a person in relation to an offence, no further penalty may be imposed on or recovered from any other person in relation thereto.

(3)  Despite subsection (1), no owner of a vehicle shall, by virtue of this section, be guilty of an offence if the owner —

(4)  A statement made under subsection (3) if produced in any proceedings against the person named therein in respect of the offence concerned is sufficient evidence that such person was in charge of the vehicle at all relevant times relating to such offence unless evidence to the contrary is adduced.

(a)

fails to comply with the requirements of any of the following notices served on the person:

(b)

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.

(2)  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.

(3)  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.

(4)  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:

[Act 42 of 2022 wef 01/11/2024]

(5)  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.

(6)  Where —

(7)  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.

(8)  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.

(9)  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.

(10)  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.

(a)

must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the removed material is to be produced in any criminal trial in connection with an offence under this Act;

(b)

is deemed to be forfeited to the Board where any owner of the removed material consents to its disposal; or

(c)

in any other case, must be —

(2)  Despite subsection (1), where it appears to the Commissioner that any removed material —

(3)  If a person who appears, to the satisfaction of the Board, to be the owner of any removed material, and not to be a person in default with complying with the relevant notice or condition of approval in section 46(1), claims —

(4)  Subject to any order to the contrary by the Magistrate’s Court under the Criminal Procedure Code 2010, any removed material deemed forfeited under this section may be disposed of by the Board in any manner that the Board thinks fit.

(a)

owned by the Government or the Board;

(b)

maintained or managed by the Board; or

(c)

under the management or control of the Commissioner under this Act,

the court before which the person is convicted of the offence may, in addition to passing any sentence for that offence, make an order requiring that person to pay to the Government or the Board (as the case may be) a sum of money to be fixed by the court which, in the opinion of the court, represents the value (including any intrinsic value) of the damaged or destroyed property.

(2)  The court may, in its discretion, allow time for the payment of the sum of money under subsection (1) and grant extension of the time so allowed, or direct payment of that sum to be made by instalments.

(2)  If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay it within 7 days after demand, that amount may be reported to a Magistrate’s Court or District Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court or a District Court.

(3)  An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or a District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals.

[40/2019]

(a)

to have been committed with the consent or connivance of an officer; or

(b)

to be attributable to any act or default on the officer’s part,

the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2)  Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

(3)  Where an offence under this Act committed by a partnership is proved —

(4)  Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —

(5)  In this section —

(6)  The Minister may, by regulations made under this section, provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.

(a)

one half of the amount of the maximum fine that is prescribed for the offence;

(b)

$5,000.

[9/2017]

(2)  Despite the payment of the composition amount under subsection (1), any compensation, damages, fees, costs or expenses which are provided to be paid under this Act remain payable.

(3)  On payment of the composition amount under subsection (1), no further proceedings are to be taken against that person in respect of the offence.

(4)  All sums collected under this section must be paid into the Consolidated Fund.

[9/2017]

(2)  In any proceedings instituted for the carrying out of any works in contravention of the provisions of this Act, the occupier of the premises at the time the works were carried out is presumed, until the contrary is proved, to be the person carrying out the works.

(3)  Where any information in respect of any works or any matter relating to or for the purposes of this Act is provided by electronic means, the production of any document under the hand of the officer responsible for providing such information purporting to be a hard copy transcript of all or any such information is, in all courts and in all proceedings, sufficient evidence of the information provided electronically and all courts in all proceedings are to take judicial notice of the signature of the officer.

(a)

that the occupier of the premises on which the tree or plant was growing; or

(b)

where any building works were being carried out in that part of the premises where the tree or plant was growing at or about the time that the tree or plant was cut or damaged, that —

had cut or damaged the tree or plant.

(2)  In any proceedings for an offence under section 14(2), 18(2) or 27(3) against any person referred to in subsection (1)(b)(ii) or (iii), it is a defence for that person charged to prove to the satisfaction of the court —

(a)

a tree conservation notice under section 15(1);

(b)

a reinstatement notice under section 11(1), 21(1), 26(3) or 31(3);

(c)

an enforcement notice under section 24(3), 28(3), 30(3) or 37;

(d)

a maintenance notice under section 25(2) or 37A(2);

(e)

a notice to plant or replant under section 27(1); or

(f)

a decision of the Commissioner in refusing to grant an approval under section 12, 20 or 32,

may, within 14 days from the date of service of the notice, or the date the person is notified of the Commissioner’s decision, appeal to the Minister in the prescribed form and manner.

(2)  Despite any appeal made under subsection (1), the notice or decision appealed against takes effect and must be complied with unless otherwise ordered by the Minister.

(3)  The Minister may, after considering the appeal, dismiss or allow the appeal, unconditionally or subject to such conditions as he or she thinks fit, and the notice or decision is confirmed, rescinded or varied in such manner as the Minister may decide.

(4)  The Minister may, in considering an appeal under this section, give the appellant an opportunity to make representations in writing.

(5)  The decision of the Minister in any appeal under this section is final.

(2)  If an exemption is granted under this section with conditions, the exemption operates only if the conditions are complied with.

(a)

by delivering it to the person or to some adult member or employee of his or her family or household at his or her usual or last known place of residence;

(b)

by leaving it at the person’s usual or last known place of residence or business in an envelope addressed to the person;

(c)

by sending it by registered post addressed to the person at the person’s usual or last known place of residence or business; or

(d)

in the case of an incorporated company, a partnership or a body of persons —

(2)  Any notice, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, document or summons (as the case may be) would in the ordinary course of post be delivered and, in proving service of the notice, document or summons, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.

(3)  Any notice or document required or authorised by this Act to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, document or summons to some conspicuous part of the premises.

(4)  Any notice or document required or authorised by this Act to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.

(5)  Despite subsection (1), a notice required or authorised by this Act to be served on the owner of any vehicle may be served by addressing the notice to the owner of that vehicle without stating the owner’s name or address and may also be served personally or by affixing the notice to the vehicle.

(2)  Where a person uses the electronic service mentioned in subsection (1) to make an application to the Commissioner, the Commissioner may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application, by sending it to the person’s account with the electronic service.

(3)  Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service.

(4)  This section applies despite anything to the contrary in this Act.

(5)  In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.

(2)  No proceedings taken under or by virtue of this Act are invalid for want of form.