Act not to affect liability in tort of occupier
s 55
Open ↗55. Nothing in this Act affects the liability in tort of an occupier for any injury or damage caused to any person or property arising from any tree or plant growing on his or her land.
Source
Parks and Trees Act 2005 PART 9 — GENERAL
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Appeal to Minister
s 56
Open ↗56.—(1) Any person who is aggrieved by —(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. [9/2017] (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appeal, unconditionally or subject to such conditions as he or she thinks fit, and the notice or decision is confirmed, rescinded or varied in such manner as the Minister may decide.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.
Payment to Board of fees, charges, etc.
s 57
Open ↗57. Except as provided for in section 51(4), all fees, charges and any other moneys collected under this Act must be paid to the Board.[9/2017]
Exemption
s 58
Open ↗58.—(1) The Minister may, by order in the Gazette, with or without conditions, exempt any class or description of person, thing, premises or works from any of the provisions of this Act. (2) If an exemption is granted under this section with conditions, the exemption operates only if the conditions are complied with.
Service of documents
s 59
Open ↗59.—(1) Any notice or document required or authorised by this Act to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act may be served on the person —(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 —(i) by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or (ii) by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business. (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.
Use of electronic service for making applications in connection with building works
s 59A
Open ↗59A.—(1) The Commissioner may permit an application to him or her under this Act, for any matter connected with any building works, to be made through the electronic service described in section 42AA of the Building Control Act 1989.(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. [Act 23 of 2023 wef 18/12/2023] —(1) The Commissioner may permit an application to him or her under this Act, for any matter connected with any building works, to be made through the electronic service described in section 42AA of the Building Control Act 1989. (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.
Inaccuracies in document
s 60
Open ↗60.—(1) No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act in any way affects the operation of this Act as respects that person or place if that person or place is so designated in the document as to be identifiable. (2) No proceedings taken under or by virtue of this Act are invalid for want of form.
Protection from liability
s 61
Open ↗61.—(1) No suit or other legal proceedings shall lie personally against the Commissioner, an authorised officer or a park ranger for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law. (2) Nothing in this Act makes it obligatory for the Commissioner or any authorised officer —(a) to inspect any works or the site of any proposed works to ascertain —(i) whether the provisions of this Act are complied with; or (ii) whether any plans or other documents submitted to him or her are accurate; (b) to issue any notice under this Act; or (c) to take any action or carry out any works authorised under this Act.
Amendment of Schedule
s 62
Open ↗62.—(1) The Minister may, after consulting the Board, by order in the Gazette, amend, add to, vary or revoke the whole or any part of the Schedule. (2) Every order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.
Regulations
s 63
Open ↗63.—(1) The Board may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Board may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters:(a) in relation to the management and control of national parks, nature reserves and public parks —(i) the preservation of order and the prevention of nuisance therein; (ii) prescribing the days and times of admission thereto or to any part thereof; (iii) the conservation and protection of plants, animals and other organisms and property; (iv) the admission of vehicles thereto and the regulation of traffic therein; (v) the prohibition of any particular act therein; (vi) prescribing the fees payable in respect of admission thereto or to any part thereof; (vii) prescribing the fees payable for the use of the premises or the facilities therein; (viii) [Deleted by Act 42 of 2022 wef 01/11/2024] (b) the applications for approval under this Act, including the manner of such applications and the documents to be submitted; (c) the management of heritage road green buffers, including the prohibition and regulation of any particular act within the heritage road green buffers and the conservation and protection of trees and plants growing on heritage road green buffers; (d) prescribing that any act or omission in contravention of any regulations shall be an offence and prescribing penalties for such offences, which penalties must not exceed a fine of $10,000; (e) prescribing the manner for measuring the dimensions of a planting area, and regulating and prescribing standards for the planting, aeration and maintenance of trees and plants within any planting areas, green verges and open spaces to be used as public parks; (f) the prescribing of fees and charges for the purposes of this Act; and (g) any other matter which by this Act is required or permitted to be prescribed or is necessary or convenient to be prescribed for carrying out or giving effect to any provision of this Act.[9/2017]
Transitional provisions
s 64
Open ↗64.—(1) A person who, immediately before 1 August 2005, is —(a) the Commissioner of Parks and Recreation; (b) an officer appointed by the Minister under section 3(2) of the repealed Act; or (c) an officer authorised by the Minister under section 3(5) of the repealed Act, continues to hold such office as if he or she were appointed under section 4(1) as the Commissioner, as an authorised officer under section 4(3) and as a park ranger under section 4(6) of this Act, respectively. (2) Any permission, approval, decision, notice, summons, warrant, order or other document prepared, made, granted, issued by the Commissioner of Parks and Recreation under the repealed Act, so far as it is not inconsistent with the provisions of this Act, continues and is deemed to have been prepared, made, granted or issued under the corresponding provisions of this Act and except as otherwise expressly provided in this Act, continues to have effect accordingly. (3) All acts done by or on behalf of the Commissioner of Parks and Recreation before 1 August 2005 under the repealed Act continue to remain valid and applicable as though done by the Commissioner under this Act, until such time as invalidated, revoked, cancelled or otherwise determined by the Commissioner. (4) In any written law or document, a reference to the repealed Act is, insofar as it is necessary for preserving its effect, to be construed as a reference to this Act and a reference to the Commissioner of Parks and Recreation is to be construed as a reference to the Commissioner under this Act. (5) Any subsidiary legislation made under the repealed Act and in force immediately before 1 August 2005, so far as it is not inconsistent with the provisions of this Act, continues in force as if made under this Act until it is revoked or repealed by subsidiary legislation made under this Act.
References in other written laws
s 65
Open ↗65. Any reference in any written law to the National Parks Act (Cap. 198A, 1991 Revised Edition) is a reference to the National Parks Board Act 1996.
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