On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 31/12/2002.
PART XI
ENFORCEMENT
41.
—(1) Where a person on whom a notice or order under this Act is served fails to comply with the notice or order within the time specified in the notice or order —
(a)
he shall, unless he satisfies the court that he has used all due diligence to comply with the notice or order, be guilty of an offence and shall, where no penalty is provided for such default, be liable on conviction to a fine not exceeding $20,000; and
(b)
the Director-General or any authorised officer may enter the premises under section 47 and execute the works specified in the notice or order.
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(2) Any expenses reasonably incurred by the Director-General under subsection (1)(b) may be recovered from the person in default and section 51 and, if that person is the owner of the premises, section 53 shall apply in respect of those expenses.
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(3) Nothing in this section shall be construed as prohibiting the Director-General from carrying out any works specified in any such notice or order at the request of a person who has been served with the notice or order upon an undertaking by that person to pay the costs and expenses in executing the works.
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42.
—(1) Where a person on whom a notice or order referred to in section 41(1) is served is aggrieved by the notice or order —
(a)
he may, within 14 days from the date of service of the notice or order and in the prescribed form and manner, appeal to the Minister; and
(b)
no liability to a fine under section 41(1)(a) shall arise nor, except as provided for in this section, shall any proceedings be taken or work done under the notice or order until after the determination or abandonment of the appeal.
(2) Where an appeal is brought under this section, the Minister may dismiss or allow the appeal unconditionally or subject to such conditions as he considers fit, and any decision made by the Minister on the appeal shall be final.
(3) Where an appeal has been brought under this section, and the Minister is of the opinion that —
(a)
the non-execution of the notice or order will be injurious or dangerous to public health; and
(b)
the immediate execution of the notice or order will not cause any injury to the person against whom the notice or order was made which cannot be compensated by damages,
the Minister may authorise the Director-General immediately to execute the work.
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(4) The Director-General shall, if he carries out the work and the appeal is successful, pay the costs and expenses of the work and any damages sustained by the appellant by reason of the work.
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(5) The Director-General may, if he carries out the work and the appeal is dismissed or abandoned, recover the costs and expenses of the work from the appellant and section 51 and, if the appellant is the owner of the premises in respect of which the notice or order was made, section 53 shall apply to any sum recoverable from him hereunder.
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43.
—(1) The Director-General or any authorised officer may require any owner or occupier of any premises or any principal contractor referred to in section 35 to —
(a)
give his name and address and such other proof of identity; and
(b)
furnish such other particulars,
as the Director-General or authorised officer may require for the purposes of this Act.
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(2) Any person who, upon being required by the Director-General or any authorised officer to give his name and address or other proof of identity or to furnish any particulars under subsection (1) —
(a)
refuses to do so;
(b)
wilfully mis-states his name and address or proof of identity; or
(c)
furnishes false particulars,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
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(3) The Director-General may, by notice in writing, require any person to furnish such other information as may be necessary for the purposes of this Act.
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(4) Any person who fails without reasonable excuse to comply with any requirement of subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
44.
—(1) The Director-General or any authorised officer may —
(a)
examine orally any person supposed to be acquainted with the facts and circumstances of matters under this Act, and to reduce to writing any statement made by the person so examined; and
(b)
require by order in writing the attendance before himself of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Act and that person shall attend as so required.
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(2) The person mentioned in subsection (1)(a) shall be bound to state truly the facts and circumstances with which he is acquainted concerning matters under this Act, except only that he may decline to make with regard to any fact or circumstance, a statement which would have a tendency to expose him to a criminal charge, penalty or forfeiture.
(3) A statement made under this section by any person shall be read over to him and shall, after correction, if necessary, be signed by him.
(4) If any person fails to attend as required by an order under subsection (1)(b), the Director-General may report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order.
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45.
—(1) The Director-General, an authorised officer or a police officer may arrest any person, whom the Director-General or officer has reason to believe has committed an offence under this Act, if the name and address of the person are unknown to him and —
(a)
the person declines to give his name and address; or
(b)
there is reason to doubt the accuracy of the name and address, if given.
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(2) A person arrested under this section may be detained until his name and address are correctly ascertained.
(3) No person so arrested shall be detained longer than is necessary for bringing him before a court.
46. Where the Director-General considers it necessary in the case of an emergency, he may direct the immediate execution of any work or the doing of any act being any work or act authorised under this Act which is in his opinion necessary to prevent injury or danger to public health or serious pollution of the environment.
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47.
—(1) The Director-General or any authorised officer may, for the purposes of this Act, enter at all reasonable hours in the day time any premises with such assistants and workmen as are necessary for the purpose of making any survey, inspection or investigation and executing any work authorised by this Act.
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(2) Unless the consent of the occupier has been obtained therefor, no person shall enter into any dwelling-house in actual occupation under this section without 6 hours previous notice to the occupier.
(3) For the purposes of this section, the Agency may, with the approval of the Minister, declare that any class of premises is liable to night inspection.
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(4) The Director-General or any authorised officer, with such assistants and workmen as are necessary, may, at any time of the day or night and without notice, enter using such force as may be necessary and search or inspect any premises of the class specified in the declaration referred to in subsection (3).
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48.
—(1) The Director-General or any authorised officer, with such assistants and workmen as are necessary, may enter upon any land, adjoining or being within 100 metres of any works by this Act authorised to be executed —
(a)
for the purpose of depositing upon that land any soil, gravel, sand, lime, brick, stone or other materials; or
(b)
for any other purposes connected with the formation of those works,
without making any previous payment, tender or deposit and doing as little damage as may be in the exercise of the powers under this subsection.
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(2) The Director-General shall make compensation —
(a)
to the owner and the occupier for such temporary occupation or temporary damage of the land from time to time and as often as any such temporary occupation is taken or any such temporary damage done; and
(b)
to the owner for the permanent injury, if any, to the land.
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(3) Before the Director-General makes any use of any land under subsection (1), he shall give 7 days notice of his intention to the owner and the occupier of the land.
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49. Any person who at any time —
(a)
hinders or obstructs the Director-General or any authorised officer in the performance or execution of his duty or of any thing which he is empowered or required to do under this Act;
(b)
interferes with any work authorised to be executed under this Act; or
(c)
fails to facilitate by all reasonable means the entry and inspection of any premises by the Director-General or any authorised officer or the examination of any equipment, industrial plant, container or the making of any tests which the Director-General or any authorised officer is empowered under this Act to make,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 months or to both.
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50. If the Director-General has reason to believe that any hazardous substance or toxic substance is being kept, stored, processed, treated, discharged or deposited, or air impurities are being emitted, or any hazardous substance or toxic substance or trade effluent is being discharged without his consent, the Director-General or any authorised officer may —
(a)
search the premises and take possession of any substance found therein and reasonably believed to be or contain hazardous substances;
(b)
require the production of records, certificates, notices and documents relating or reasonably believed to relate to any dealing in or with hazardous substances or toxic substances, emission of air impurities or discharge of trade effluent or toxic substance wherever and by whomsoever kept and whether kept under the provisions of this Act or otherwise and take extracts therefrom;
(c)
take samples of any materials whether solid, liquid, gaseous or vapour found in the premises;
(d)
seal the samples and require the owner of the materials to send the samples to an analyst for analysis and bear any costs and expenses arising therefrom;
(e)
require the owner or analyst to submit the results of the analysis to the Director-General;
(f)
take such photographs as he thinks necessary for the purposes of this Act; and
(g)
require any person whom he finds in the premises to produce his identity card or other identification papers for inspection for the purpose of an investigation or inquiry under this Act.
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