§ 41 — Amendment of Parks and Trees Act 2005

41.—(1) Section 4 of the Parks and Trees Act 2005 is amended by deleting the words “and 42” in subsections (6), (7) and (8) and substituting in each case the words “, 42, 42A and 42B”.(2) Section 42 of the Parks and Trees Act 2005 is amended by deleting subsection (3).

(3) Part 7 of the Parks and Trees Act 2005 is amended by inserting, immediately after section 42, the following sections:“Power to move vehicles and demolish structures, etc.

42A.—(1) Subject to sections 42B and 42C, where —(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)

any person who does or causes or permits to be done any of the acts mentioned in subsection (1)(a) or (b);

(b)

the owner or person having charge or control of —(i)

the vehicle, boat, trailer, skip, dumpster or other thing mentioned in subsection (1)(a); or

(ii)

any sign, shrine, altar, religious object, shelter, structure or building mentioned in subsection (1)(b);

(c)

any other person having power to remove —(i)

the vehicle, boat, trailer, skip, dumpster or other thing mentioned in subsection (1)(a); or

(ii)

any sign, shrine, altar, religious object, shelter, structure or building mentioned in subsection (1)(b).

Immediate removal of dangerous or obstructing vehicles, etc., in national park, nature reserve or public park

42B.—(1) Where 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 and —(a)

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

the name of any person in section 42A(2)(a), (b)(i) or (c)(i) to whom the written notice under section 42A(1) is to be served;

(ii)

the business address, residential address or last email address of the person in section 42A(2)(a), (b)(i) or (c)(i) to whom the written notice under section 42A(1) is to be served; or

(b)

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

is endangering or is expected to endanger other users of the national park, nature reserve or public park; or

(ii)

is causing or is expected to cause an obstruction to other users of the national park, nature reserve or public park,

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 —(a)

move the vehicle, boat, trailer, skip, dumpster or other thing by any reasonable means (including by driving, riding or towing it); and

(b)

use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the vehicle, boat, trailer, skip, dumpster or other thing.

(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 —(a)

about the moving to and detention at a holding yard or other place of the vehicle, boat, trailer, skip, dumpster or other thing moved and detained; and

(b)

informing about —(i)

the manner by which and the time within which an owner of the vehicle, boat, trailer, skip, dumpster or other thing so detained may procure its release; and

(ii)

the consequences that may follow under section 46A if the vehicle, boat, trailer, skip, dumpster or other thing is not claimed within the time specified in the notice.

(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.

Immediate demolition, etc., of dangerous structure, etc., in public park

42C.—(1) 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 —(a)

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

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;

(ii)

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;

(b)

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

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

(ii)

is causing or is likely to cause a serious obstruction to other users of the public park; or

(c)

in the opinion of the Commissioner or an authorised officer —(i)

there is a serious and imminent risk of public disorder in the public park; or

(ii)

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) —

(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 —(a)

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

(b)

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.

(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 —(a)

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

(b)

informing about —(i)

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

(ii)

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.

(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.”.

(4) Section 46 of the Parks and Trees Act 2005 is amended —(a)

by inserting, immediately after sub‑paragraph (ii) of subsection (1)(a), the following sub‑paragraph:“(iia)

a notice under section 42A(1);”; and

(b)

by deleting subsection (4) and substituting the following subsection:“(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:(a)

cut or remove any tree;

(b)

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;

(c)

remove to and detain any vehicle, boat, trailer, skip, dumpster or other thing at a holding yard or other place;

(d)

using reasonable force, including cutting or breaking open any lock, seal, fastener or other device.”.

(5) The Parks and Trees Act 2005 is amended by inserting, immediately after section 46, the following section:“Disposal of moved vehicles, etc.

46A.—(1) Unless subsection (2) applies, any vehicle, boat, trailer, skip, dumpster or other thing, or any sign, shrine, altar or religious object and any resulting debris from the altering, demolition or removal of the sign, shrine, altar, religious object, shelter, structure or building, which is removed to and detained at a holding yard or other place under section 42B(1), 42C(1) or 46(4) (called in this section the removed material) —(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 —(i)

returned to the owner; or

(ii)

reported to a Magistrate’s Court, in which event sections 370, 371 and 372 of the Criminal Procedure Code 2010 then apply with the necessary modifications.

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

is perishable;

(b)

may rapidly depreciate in value; or

(c)

is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Commissioner to retain custody of the removed material,

the Commissioner may, instead of storing the removed material at a holding yard or other place and notifying the owner thereof, cause the removed material —

(d)

to be sold (by public auction or otherwise) at once; or

(e)

to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit.

(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 —(a)

after that removed material has been sold, destroyed or disposed of under subsection (2); but

(b)

before the end of one year starting the date the removed material was removed under section 42B(1), 42C(1) or 46(4), whichever is applicable,

the Board may compensate, out of the funds of the Board, the person for the loss of the removed material, less reasonable costs and expenses incurred by the Board in storing and selling, destroying or disposing of the removed material.

(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.”.

(6) Section 63(2) of the Parks and Trees Act 2005 is amended by deleting sub‑paragraph (viii) of paragraph (a).

—(1) Section 4 of the Parks and Trees Act 2005 is amended by deleting the words “and 42” in subsections (6), (7) and (8) and substituting in each case the words “, 42, 42A and 42B”.

(2) Section 42 of the Parks and Trees Act 2005 is amended by deleting subsection (3).

(3) Part 7 of the Parks and Trees Act 2005 is amended by inserting, immediately after section 42, the following sections:“Power to move vehicles and demolish structures, etc.

42A.—(1) Subject to sections 42B and 42C, where —(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)

any person who does or causes or permits to be done any of the acts mentioned in subsection (1)(a) or (b);

(b)

the owner or person having charge or control of —(i)

the vehicle, boat, trailer, skip, dumpster or other thing mentioned in subsection (1)(a); or

(ii)

any sign, shrine, altar, religious object, shelter, structure or building mentioned in subsection (1)(b);

(c)

any other person having power to remove —(i)

the vehicle, boat, trailer, skip, dumpster or other thing mentioned in subsection (1)(a); or

(ii)

any sign, shrine, altar, religious object, shelter, structure or building mentioned in subsection (1)(b).

Immediate removal of dangerous or obstructing vehicles, etc., in national park, nature reserve or public park

42B.—(1) Where 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 and —(a)

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

the name of any person in section 42A(2)(a), (b)(i) or (c)(i) to whom the written notice under section 42A(1) is to be served;

(ii)

the business address, residential address or last email address of the person in section 42A(2)(a), (b)(i) or (c)(i) to whom the written notice under section 42A(1) is to be served; or

(b)

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

is endangering or is expected to endanger other users of the national park, nature reserve or public park; or

(ii)

is causing or is expected to cause an obstruction to other users of the national park, nature reserve or public park,

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 —(a)

move the vehicle, boat, trailer, skip, dumpster or other thing by any reasonable means (including by driving, riding or towing it); and

(b)

use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the vehicle, boat, trailer, skip, dumpster or other thing.

(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 —(a)

about the moving to and detention at a holding yard or other place of the vehicle, boat, trailer, skip, dumpster or other thing moved and detained; and

(b)

informing about —(i)

the manner by which and the time within which an owner of the vehicle, boat, trailer, skip, dumpster or other thing so detained may procure its release; and

(ii)

the consequences that may follow under section 46A if the vehicle, boat, trailer, skip, dumpster or other thing is not claimed within the time specified in the notice.

(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.

Immediate demolition, etc., of dangerous structure, etc., in public park

42C.—(1) 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 —(a)

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

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;

(ii)

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;

(b)

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

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

(ii)

is causing or is likely to cause a serious obstruction to other users of the public park; or

(c)

in the opinion of the Commissioner or an authorised officer —(i)

there is a serious and imminent risk of public disorder in the public park; or

(ii)

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) —

(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 —(a)

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

(b)

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.

(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 —(a)

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

(b)

informing about —(i)

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

(ii)

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.

(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.”.

—(1) Subject to sections 42B and 42C, where —(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)

any person who does or causes or permits to be done any of the acts mentioned in subsection (1)(a) or (b);

(b)

the owner or person having charge or control of —(i)

the vehicle, boat, trailer, skip, dumpster or other thing mentioned in subsection (1)(a); or

(ii)

any sign, shrine, altar, religious object, shelter, structure or building mentioned in subsection (1)(b);

(c)

any other person having power to remove —(i)

the vehicle, boat, trailer, skip, dumpster or other thing mentioned in subsection (1)(a); or

(ii)

any sign, shrine, altar, religious object, shelter, structure or building mentioned in subsection (1)(b).

42B.—(1) Where 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 and —(a)

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

the name of any person in section 42A(2)(a), (b)(i) or (c)(i) to whom the written notice under section 42A(1) is to be served;

(ii)

the business address, residential address or last email address of the person in section 42A(2)(a), (b)(i) or (c)(i) to whom the written notice under section 42A(1) is to be served; or

(b)

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

is endangering or is expected to endanger other users of the national park, nature reserve or public park; or

(ii)

is causing or is expected to cause an obstruction to other users of the national park, nature reserve or public park,

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 —(a)

move the vehicle, boat, trailer, skip, dumpster or other thing by any reasonable means (including by driving, riding or towing it); and

(b)

use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the vehicle, boat, trailer, skip, dumpster or other thing.

(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 —(a)

about the moving to and detention at a holding yard or other place of the vehicle, boat, trailer, skip, dumpster or other thing moved and detained; and

(b)

informing about —(i)

the manner by which and the time within which an owner of the vehicle, boat, trailer, skip, dumpster or other thing so detained may procure its release; and

(ii)

the consequences that may follow under section 46A if the vehicle, boat, trailer, skip, dumpster or other thing is not claimed within the time specified in the notice.

(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.

—(1) Where 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 and —(a)

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

the name of any person in section 42A(2)(a), (b)(i) or (c)(i) to whom the written notice under section 42A(1) is to be served;

(ii)

the business address, residential address or last email address of the person in section 42A(2)(a), (b)(i) or (c)(i) to whom the written notice under section 42A(1) is to be served; or

(b)

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

is endangering or is expected to endanger other users of the national park, nature reserve or public park; or

(ii)

is causing or is expected to cause an obstruction to other users of the national park, nature reserve or public park,

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 —(a)

move the vehicle, boat, trailer, skip, dumpster or other thing by any reasonable means (including by driving, riding or towing it); and

(b)

use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the vehicle, boat, trailer, skip, dumpster or other thing.

(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 —(a)

about the moving to and detention at a holding yard or other place of the vehicle, boat, trailer, skip, dumpster or other thing moved and detained; and

(b)

informing about —(i)

the manner by which and the time within which an owner of the vehicle, boat, trailer, skip, dumpster or other thing so detained may procure its release; and

(ii)

the consequences that may follow under section 46A if the vehicle, boat, trailer, skip, dumpster or other thing is not claimed within the time specified in the notice.

(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.

42C.—(1) 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 —(a)

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

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;

(ii)

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;

(b)

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

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

(ii)

is causing or is likely to cause a serious obstruction to other users of the public park; or

(c)

in the opinion of the Commissioner or an authorised officer —(i)

there is a serious and imminent risk of public disorder in the public park; or

(ii)

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) —

(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 —(a)

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

(b)

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.

(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 —(a)

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

(b)

informing about —(i)

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

(ii)

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.

(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.”.

—(1) 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 —(a)

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

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;

(ii)

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;

(b)

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

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

(ii)

is causing or is likely to cause a serious obstruction to other users of the public park; or

(c)

in the opinion of the Commissioner or an authorised officer —(i)

there is a serious and imminent risk of public disorder in the public park; or

(ii)

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) —

(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 —(a)

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

(b)

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.

(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 —(a)

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

(b)

informing about —(i)

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

(ii)

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.

(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.”.

(4) Section 46 of the Parks and Trees Act 2005 is amended —(a)

by inserting, immediately after sub‑paragraph (ii) of subsection (1)(a), the following sub‑paragraph:“(iia)

a notice under section 42A(1);”; and

(b)

by deleting subsection (4) and substituting the following subsection:“(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:(a)

cut or remove any tree;

(b)

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;

(c)

remove to and detain any vehicle, boat, trailer, skip, dumpster or other thing at a holding yard or other place;

(d)

using reasonable force, including cutting or breaking open any lock, seal, fastener or other device.”.

“(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:(a)

cut or remove any tree;

(b)

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;

(c)

remove to and detain any vehicle, boat, trailer, skip, dumpster or other thing at a holding yard or other place;

(d)

using reasonable force, including cutting or breaking open any lock, seal, fastener or other device.”.

(5) The Parks and Trees Act 2005 is amended by inserting, immediately after section 46, the following section:“Disposal of moved vehicles, etc.

46A.—(1) Unless subsection (2) applies, any vehicle, boat, trailer, skip, dumpster or other thing, or any sign, shrine, altar or religious object and any resulting debris from the altering, demolition or removal of the sign, shrine, altar, religious object, shelter, structure or building, which is removed to and detained at a holding yard or other place under section 42B(1), 42C(1) or 46(4) (called in this section the removed material) —(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 —(i)

returned to the owner; or

(ii)

reported to a Magistrate’s Court, in which event sections 370, 371 and 372 of the Criminal Procedure Code 2010 then apply with the necessary modifications.

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

is perishable;

(b)

may rapidly depreciate in value; or

(c)

is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Commissioner to retain custody of the removed material,

the Commissioner may, instead of storing the removed material at a holding yard or other place and notifying the owner thereof, cause the removed material —

(d)

to be sold (by public auction or otherwise) at once; or

(e)

to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit.

(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 —(a)

after that removed material has been sold, destroyed or disposed of under subsection (2); but

(b)

before the end of one year starting the date the removed material was removed under section 42B(1), 42C(1) or 46(4), whichever is applicable,

the Board may compensate, out of the funds of the Board, the person for the loss of the removed material, less reasonable costs and expenses incurred by the Board in storing and selling, destroying or disposing of the removed material.

(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.”.

—(1) Unless subsection (2) applies, any vehicle, boat, trailer, skip, dumpster or other thing, or any sign, shrine, altar or religious object and any resulting debris from the altering, demolition or removal of the sign, shrine, altar, religious object, shelter, structure or building, which is removed to and detained at a holding yard or other place under section 42B(1), 42C(1) or 46(4) (called in this section the removed material) —(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 —(i)

returned to the owner; or

(ii)

reported to a Magistrate’s Court, in which event sections 370, 371 and 372 of the Criminal Procedure Code 2010 then apply with the necessary modifications.

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

is perishable;

(b)

may rapidly depreciate in value; or

(c)

is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Commissioner to retain custody of the removed material,

the Commissioner may, instead of storing the removed material at a holding yard or other place and notifying the owner thereof, cause the removed material —

(d)

to be sold (by public auction or otherwise) at once; or

(e)

to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit.

(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 —(a)

after that removed material has been sold, destroyed or disposed of under subsection (2); but

(b)

before the end of one year starting the date the removed material was removed under section 42B(1), 42C(1) or 46(4), whichever is applicable,

the Board may compensate, out of the funds of the Board, the person for the loss of the removed material, less reasonable costs and expenses incurred by the Board in storing and selling, destroying or disposing of the removed material.

(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.”.

(6) Section 63(2) of the Parks and Trees Act 2005 is amended by deleting sub‑paragraph (viii) of paragraph (a).