Statute Details
- Title: Parks and Trees (Planting Areas) (Exemption) Order 2019
- Act Code: PTA2005-S117-2019
- Legislation Type: Subsidiary legislation (SL)
- Authorising Act: Parks and Trees Act (Cap. 216)
- Enacting Power: Section 58 of the Parks and Trees Act
- Commencement: 8 March 2019
- SL Number: SL 117/2019
- Made Date: 21 February 2019
- Key Provisions: Sections 1–6; Schedule (specified premises)
- Primary Effect: Exempts certain premises from planting area requirements under section 23(1) of the Parks and Trees Act, as read with regulation 20B of the Parks and Trees Regulations
What Is This Legislation About?
The Parks and Trees (Planting Areas) (Exemption) Order 2019 is a targeted exemption instrument made under the Parks and Trees Act. In plain terms, it identifies particular types of developments and premises where the law does not require compliance with specified “planting area” obligations that would otherwise apply.
The Parks and Trees regime is designed to ensure that development and land use in Singapore contribute to greenery and environmental quality. Planting area requirements are typically triggered when land is developed or when certain works are carried out. However, the legislature recognises that not every site condition or development configuration is suitable for the same planting-area outcomes. This Order therefore carves out defined categories of premises from the planting-area requirements.
Practically, this Order matters to developers, landowners, architects, and consultants because it affects compliance planning, submission content, and the feasibility of meeting planting-area obligations. It also affects how authorities assess whether a development proposal is fully compliant or whether alternative arrangements are permissible.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identity of the Order and states that it comes into operation on 8 March 2019. For practitioners, the commencement date is important when determining whether the exemption applies to a particular development stage, application, or building works timeline.
Section 2 (Definitions) sets the interpretive framework. It defines key terms used throughout the Order, including:
- “landed housing development”, covering premises where building works are or are to be carried out for specified house types (including good class bungalows and certain detached/semi-detached/terrace houses);
- “Master Plan”, by reference to the Planning Act;
- “specified industrial development”, meaning industrial/warehouse immovable property zoned or situated on land zoned for specified Master Plan purposes (notably Business 1 (B1), Business 1 — White, Business 2 (B2), and Business 2 — White); and
- “specified premises”, meaning premises listed in the Schedule.
These definitions are not merely academic. They determine whether a site falls within the exemption categories. In compliance work, the zoning and classification under the Master Plan are often the decisive facts.
Section 3 (Exempt landed housing development) exempts a landed housing development from planting-area requirements under section 23(1) of the Parks and Trees Act, read with regulation 20B(a) and regulation 20B(b) of the Parks and Trees Regulations, if the side of that landed housing development adjoins a category 5 road (as classified by the road authority).
This is a site-specific exemption based on adjacency to a particular road category. The legal effect is that where the development’s side boundary meets a category 5 road, the planting-area requirements that would otherwise apply are not required (at least to the extent covered by the referenced regulation provisions). For practitioners, this requires careful boundary mapping and confirmation of the road classification. It also raises practical questions: whether the exemption applies to the entire development or only to the relevant side/area affected by the adjoining road. The wording indicates the exemption is triggered by the “side” adjoining the category 5 road, so compliance teams should document which side(s) qualify and how planting-area calculations were adjusted.
Section 4 (Exempt industrial development) provides an exemption for a side of a specified industrial development from the planting-area requirements under section 23(1) read with regulation 20B(a), if that side adjoins another specified industrial development that is zoned (or situated on land zoned) for the same Master Plan purpose as the first-mentioned development.
This provision is essentially a “like-with-like adjacency” exemption. It recognises that where two industrial sites of the same zoning purpose abut each other, the environmental/landscape objective of planting-area provision may be less relevant or may be addressed through other means. For legal and technical teams, the key compliance tasks are: (i) confirming both properties are “specified industrial development” under the defined Master Plan purposes; (ii) confirming the adjoining relationship; and (iii) confirming the zoning purpose is the same for both sites. The exemption is framed as applying to “a side” of the development, so again, practitioners should treat it as a boundary-specific relief rather than a blanket exemption for the whole plot.
Section 5 (Exempt open air parking area) exempts an open air parking area at street level (or part of it) from two sets of planting-related requirements:
- section 23(1) read with regulation 20B of the Parks and Trees Regulations; and
- section 23(3) read with paragraph 3 of the Parks and Trees (Planting Areas) Notification (N 3).
The exemption applies if the open air parking area at street level (or part) is used as a loading and unloading bay in accordance with the Parking Places Act and any rules made under that Act.
This is a functional exemption: it depends on how the parking area is used. Practitioners should therefore ensure that the operational use (loading/unloading) is properly authorised under the Parking Places Act framework. The legal risk is that if the area is used as ordinary parking rather than a loading/unloading bay, the exemption may not apply, potentially triggering planting-area compliance obligations.
Section 6 (Exempt specified premises) provides a general exemption: a specified premises (as listed in the Schedule) is exempted from the planting-area requirements under section 23(1) read with regulation 20B of the Parks and Trees Regulations.
Because the Schedule is the definitive list, the Schedule content is critical for practitioners. Even without the full Schedule text reproduced here, the structure indicates that certain named or categorised premises are singled out for exemption. In practice, lawyers should verify whether the premises in question are indeed listed and whether any conditions or scope limitations are stated in the Schedule (for example, whether the exemption is for the whole premises or only for particular planting-area components).
The Schedule (Specified premises) is the operational “lookup” mechanism. It converts the abstract concept of “specified premises” into a concrete list. For compliance advice, the Schedule is often the most important part because it determines whether a particular site benefits from the exemption.
How Is This Legislation Structured?
This Order is structured in a conventional format for Singapore subsidiary legislation:
- Enacting formula (the Minister’s authority under section 58 of the Parks and Trees Act);
- Section 1 (citation and commencement);
- Section 2 (definitions used throughout);
- Sections 3–6 (substantive exemption provisions for different categories of developments/premises); and
- The Schedule (listing “specified premises” to which section 6 applies).
From a practitioner’s perspective, the operative provisions are the exemption triggers in sections 3–6. The definitions in section 2 are essential for interpreting those triggers, particularly the Master Plan zoning references and the meaning of “specified industrial development” and “landed housing development”.
Who Does This Legislation Apply To?
The Order applies to parties responsible for developments and premises that fall within the categories described. This includes developers of landed housing, owners and developers of industrial/warehouse sites, operators of open air parking areas at street level, and any person dealing with premises listed in the Schedule.
In legal terms, the exemption is relevant to compliance with the Parks and Trees Act’s planting-area requirements. While the Order does not itself impose obligations on individuals in the same way as a primary regulatory instrument, it modifies the scope of what is required under the Parks and Trees Act by exempting certain premises from the relevant planting-area requirements. Accordingly, it is most likely to be invoked in planning approvals, building plan submissions, and compliance assessments conducted by relevant authorities.
Why Is This Legislation Important?
This Order is important because it provides certainty and relief from planting-area obligations in defined circumstances. Without such exemptions, developers might face design constraints that are impractical due to site adjacency, functional use of land, or zoning configuration. By specifying the conditions for exemption, the Order reduces ambiguity and supports more efficient project planning.
From an enforcement and compliance perspective, the Order also delineates the boundaries of relief. The exemptions are not universal; they are conditional on facts such as road category (category 5 roads), adjoining industrial zoning purpose, and the authorised use of parking areas as loading/unloading bays. This means that practitioners must treat the exemption as fact-sensitive and ensure that documentation (plans, zoning proofs, road classification evidence, and operational approvals) is properly assembled.
Finally, the Order illustrates how Singapore’s environmental and greenery objectives are balanced against operational realities and land-use planning. For lawyers advising on development matters, it is a useful example of how subsidiary legislation can tailor statutory obligations to specific development typologies and site contexts.
Related Legislation
- Parks and Trees Act (Cap. 216) — particularly section 23 (planting area requirements) and section 58 (power to make exemptions)
- Parks and Trees Regulations (Rg 1) — particularly regulation 20B
- Parks and Trees (Planting Areas) Notification (N 3) — particularly paragraph 3 (referenced for open air parking/loading and unloading exemption)
- Planning Act (Cap. 232) — definition of “Master Plan”
- Parking Places Act (Cap. 214) — rules governing loading and unloading bays
Source Documents
This article provides an overview of the Parks and Trees (Planting Areas) (Exemption) Order 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.