Section 1
Short title
/akn/sg/act/act/1997/CDSA
Civil Defence Shelter Act 1997
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Part 1
PRELIMINARY
(1)
This Act is the Civil Defence Shelter Act 1997.
(2)
Parts 4 and 5 do not come into operation except at the time and for the duration and in the manner provided in subsections (3) and (4).
(3)
Whenever it appears to the Minister that
(a)
a Proclamation of Emergency by the President under Article 150 of the Constitution or a declaration of a state of civil defence emergency by the Minister under Part 12 of the Civil Defence Act 1986 is imminent; and(b)it is necessary or expedient to do so for the securing of public safety,the Minister may by order direct that all or any of the provisions of Parts 4 and 5 are to come into operation and the provisions of those Parts specified in the order are to come into operation and remain in operation for such period as may be specified in the order.
(4)
An order made under subsection (3) is not to be in force for a period exceeding 7 days from the commencement of the order unless it has been made with the approval of the President.
Section 2
Interpretation
Amendment notes
- [47/2004]
(1)
In this Act, unless the context otherwise requires —
Amendment notes
- [47/2004]
Definition
“authorised person” means any person authorised by the Commissioner in writing in accordance with this Act to carry out any duty or exercise any power under this Act or the regulations;
Definition
“building” means any permanent building or tenement and includes
(a)
any structure or erection of whatever kind or nature; and(b)any building to be erected within a stratum shown or specified in any strata subdivision plan submitted for approval under the Land Titles (Strata) Act 1967;
Definition
“Commissioner” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act 1986;
Definition
“competent authority” means the competent authority appointed under section 5 of the Planning Act 1998;
Definition
“flat” means a horizontal stratum of a building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is wholly and principally constructed, adapted or intended to be used as a complete and separate unit for private dwelling, but does not include any part of any building which is constructed, adapted or intended to be used as a hotel, hostel, dormitory or nursing home or for any other prescribed purposes;
Definition
“Force” has the meaning given by the Civil Defence Act 1986;
Definition
“house” means a building or any part thereof which is wholly and principally constructed, adapted or intended to be used for private dwelling, but does not include a flat or any building or part thereof which is constructed, adapted or intended to be used as a hotel, hostel, dormitory or nursing home or for any other prescribed purposes;
Definition
“household shelter” means a shelter in a house or flat for the use, primarily, of the occupants of that house or flat and of persons ordinarily frequenting that house or flat, during a state of emergency;
Definition
“improvised shelter” means any building or part thereof which has been designated by the Commissioner under section 7 as a shelter for the use of any person needing to take refuge therein during a state of emergency;
Definition
“new building” means a building
(a)
which is constructed on vacant land or in place of a building which has been demolished; and(b)the plans in respect of which are submitted to or lodged with the competent authority under the Planning Act 1998 on or after 1 May 1998;
Definition
“new flat” means a flat comprised in a new building;
Definition
“new house” means a house
(a)
which is constructed on vacant land or in place of a building which has been demolished; and(b)the plans in respect of which are submitted to or lodged with the competent authority under the Planning Act 1998 on or after 1 May 1998;
Definition
“non-residential building” means a building which is wholly or principally constructed, adapted or intended to be used for any purpose other than for private dwelling;
Definition
“occupier”
(a)
in relation to any building, means the person in occupation of the building or having the charge, management or control thereof; and(b)in relation to any part of any building different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part,whether on the person’s own account or as agent of another person;
Definition
“owner”
(a)
in relation to any building or part thereof, includes any mortgagee in possession and any person for the time being receiving the rent of the building or part thereof whether on the person’s own account or as agent or trustee or as receiver, or who would receive the rent if the building or part thereof were let to a tenant, and any person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the building or part thereof;
(b)
in relation to the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, means the management corporation having control of the building;
(c)
in relation to the limited common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, means the subsidiary management corporation having control of that limited common property; and(d)in relation to the common property of any building comprising flats sold under Part 4 of the Housing and Development Act 1959, means the Town Council which is liable for the maintenance and management of that common property;
Definition
“public shelter” means a shelter in any building or part thereof for the use of any person needing to take refuge therein during a state of emergency;
Definition
“regulations” means regulations made under section 28;
Definition
“shelter” means any part of any building which has been constructed or adapted in accordance with the specifications as a shelter in which a person may take refuge during a state of emergency, and includes a household shelter, a storey shelter, a public shelter and an improvised shelter;
Definition
“specifications”
(a)
means the specifications, technical codes and standards issued by the Commissioner under section 14; and(b)in relation to any building, house or flat in respect of which the Commissioner has modified the requirements of any of the specifications, means the specifications as so modified;
Definition
“state of emergency” means the period when there is in force
(a)
a Proclamation of Emergency issued by the President under Article 150 of the Constitution; or(b)a declaration of a state of civil defence emergency made by the Minister under Part 12 of the Civil Defence Act 1986;
Definition
“storey shelter” means a shelter located on any storey of a building which is subdivided into flats for the use, primarily, of the occupants of, and of persons ordinarily frequenting, the flats on that storey of the building.
Amendment notes
- [47/2004]
(2)
Any household shelter or storey shelter which has been provided in any house, flat or building (as the case may be) before 1 May 1998 with the approval of the Commissioner is deemed to be a household shelter or storey shelter provided under this Act.
(3)
The public shelters specified in the Schedule and any other public shelter which has been provided in any building before 1 May 1998 with the approval of the Commissioner are deemed to be public shelters provided under this Act.
Part 2
HOUSEHOLD AND STOREY SHELTERS
Section 3
Provision of household and storey shelters
(1)
Every new house must be provided with a household shelter in accordance with the specifications.
(2)
Every new building which is to be subdivided into flats must be provided with
(a)
a household shelter in accordance with the specifications in every flat in that building; or(b)in lieu of a household shelter being provided in every flat on any storey of the building, at least one storey shelter in accordance with the specifications on that storey of the building.
Section 4
Duties in relation to household and storey shelters
(1)
Where
(a)
any house or flat is provided with a household shelter under this Act; or(b)any part of any building consists of a storey shelter provided under this Act,the owner or occupier of the house, flat, building or part thereof
(c)
must not carry out or permit another person to carry out therein, any repair or alteration, or anything else, which is likely to damage or otherwise impair the efficient use of the household or storey shelter as such, except with the written permission of the Commissioner and subject to such conditions as the Commissioner thinks fit;
(d)
must maintain the household or storey shelter in accordance with the regulations and such other directions as the Commissioner may give from time to time; and(e)must carry out such works for the maintenance, alteration or improvement of the household or storey shelter or for the installation of any equipment in the household or storey shelter as the Commissioner may, from time to time, by writing require.
(2)
Any person who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.
Part 3
PUBLIC SHELTERS
Section 5
Provision of public shelters in non-residential buildings owned by statutory boards
The Commissioner may require any statutory board to provide a public shelter in accordance with the specifications in any new non‑residential building which is owned by the statutory board and the statutory board must comply with the Commissioner’s requirement.
Section 6
Duties in relation to public shelters
(1)
Where any part of a building consists of a public shelter provided under this Act, the owner or occupier of the building or part thereof
(a)
must not carry out or permit another person to carry out therein, any repair or alteration, or anything else, which is likely to damage or otherwise impair the efficient use of the public shelter as such, except with the written permission of the Commissioner and subject to such conditions as the Commissioner thinks fit;
(b)
must maintain the public shelter in accordance with the regulations and such other directions as the Commissioner may give from time to time; and(c)must carry out such works for the maintenance, alteration or improvement of the public shelter or for the installation of any equipment in the public shelter as the Commissioner may, from time to time, by writing require.
(2)
Any person who fails to comply with this section 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 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.
Part 4
IMPROVISED SHELTERS
Section 7
Commissioner may designate part of building as improvised shelter
(1)
If, during the period in which this Part is in operation, the Commissioner is satisfied that any part of any building is suitable for use as a shelter, the Commissioner may designate that part of the building as an improvised shelter and must inform the owner or occupier of the building or part of the building of the designation.
(2)
Any part of any building which has been designated by the Commissioner as an improvised shelter pursuant to subsection (1) ceases to be an improvised shelter when this Part ceases to be in operation, unless the designation is sooner revoked by the Commissioner.
Section 8
Duties in relation to improvised shelters
(1)
Where any part of any building has been designated as an improvised shelter pursuant to section 7, the owner or occupier of the building or part thereof
(a)
must not carry out or permit another person to carry out therein, any repair or alteration, or anything else, which is likely to damage or otherwise impair the efficient use of the improvised shelter as such, except with the written permission of the Commissioner and subject to such conditions as the Commissioner thinks fit;
(b)
must maintain the improvised shelter in accordance with the regulations and such other directions as the Commissioner may give from time to time; and(c)must carry out such works for the maintenance, alteration or improvement of the improvised shelter or for the installation of any equipment in the improvised shelter as the Commissioner may, from time to time, by writing require.
(2)
Any person who fails to comply with this section 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 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.
Part 5
USE OF SHELTERS DURING STATE OF EMERGENCY
Section 9
Preparatory works for occupation of shelters
(1)
The Commissioner may, during the period when this Part is in operation, serve a notice on the owner or occupier of
(a)
any house or flat which is provided with a household shelter under this Act; and(b)any part of any building which
(i)
consists of a storey shelter or public shelter provided under this Act; or(ii)has been designated as an improvised shelter pursuant to section 7,requiring the owner or occupier within the period specified in the notice to prepare the household shelter, storey shelter, public shelter or improvised shelter (as the case may be) for occupation by persons needing to take refuge in the shelter during a state of emergency.
(2)
Any person who fails to comply with a notice served on the person under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 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.
Section 10
Entry into shelters during operation of this Part
(1)
Where pursuant to section 9 a notice is served on the owner or occupier of any part of any building which consists of a storey shelter, a public shelter or an improvised shelter and the owner or occupier fails to comply with any of the requirements of the notice within the time specified in the notice, the Commissioner or an authorised person may
(a)
enter that part of the building which consists of the storey shelter, public shelter or improvised shelter (as the case may be) and carry out or cause to be carried out in relation to the shelter such acts or works (including the seizure and removal of any property) as may be necessary to prepare the shelter for occupation by persons needing to take refuge in the shelter during a state of emergency; and(b)recover any costs and expenses incurred by doing the acts or works mentioned in paragraph (a) from the owner or occupier.
(2)
The Government shall not be liable for any loss of or damage to any property seized or removed by the Commissioner or authorised person in exercise of the powers under subsection (1).
Section 11
Duties of owner or occupier of part of building which consists of shelter during state of emergency
(1)
The owner or occupier of any part of any building which consists of a storey shelter, a public shelter or an improvised shelter is bound, during the periods required or designated by the Minister
(a)
to permit any person to enter and take refuge in the storey shelter, public shelter or improvised shelter, as the case may be; and(b)to permit any person authorised by the Commissioner to occupy or use the storey shelter, public shelter or improvised shelter for any purpose the Commissioner may require.
(2)
Subject to subsection (3), any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 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)
It is a defence to a prosecution for an offence under subsection (2) for the person charged with the offence to prove to the satisfaction of the court that the person took all reasonable steps to ensure that all persons who needed to enter and take refuge in the storey shelter, public shelter or improvised shelter (as the case may be) were allowed to do so.
Part 6
MISCELLANEOUS
Section 12
Permitted uses of shelter
(1)
The owner or occupier of any part of a building which consists of a shelter may, at any time other than the period when an order made under section 1(3) is in operation, use such part of the building for such purposes as may be
(a)
prescribed by the regulations;
(b)
approved by the Commissioner in writing; or(c)allowed under any other written law.
(2)
A person must not change the use of any part of any building which consists of a shelter without the prior written approval of the Commissioner.
(3)
Any person who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 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.
Section 13
Commissioner to administer Act and may delegate authority
(1)
The Commissioner is responsible for the administration of this Act.
(2)
Without affecting subsection (1), the powers conferred and the duties imposed on the Commissioner under this Act or the regulations may generally or specifically be exercised and carried out by any person generally or specifically authorised by name or office by the Commissioner.
Section 14
Specifications for construction of shelters
The Commissioner may
(a)
issue or approve and, from time to time, review and amend the specifications, technical codes and standards relating to the design, construction and maintenance of shelters to be provided under this Act and the equipment to be installed in the shelters; and(b)if circumstances so require, modify, subject to such conditions as the Commissioner may impose, the requirements of any of the specifications in respect of any building, house or flat in which a shelter is to be provided under this Act.
Section 15
Powers of entry
(1)
The Commissioner or any authorised person on producing, if so required, evidence of his or her authority has a right to enter and inspect, at all reasonable hours
(a)
any building or part thereof for the purpose of ascertaining whether any part of the building is suitable or required for use as an improvised shelter;
(b)
any building or part thereof in which a shelter is being constructed for the purpose of ascertaining whether there is or has been any contravention of any of the provisions of this Act, the regulations or any specifications; and(c)any shelter for the purpose of
(i)
ascertaining whether there is or has been any contravention of any of the provisions of this Act or the regulations;
(ii)
ensuring that the shelter is suitable for use as such; or(iii)performing the duties or exercising the powers of the Commissioner under this Act, the regulations or any other written law.
(2)
For the purpose of subsection (1)(a), the Commissioner or authorised person may require the owner or occupier of the building or part thereof being inspected to
(a)
produce to the Commissioner or authorised person for inspection; or(b)supply the Commissioner or authorised person with copies of,any plans, records and other documents relating to the building or part thereof being inspected as may be in the possession, custody or control of the owner or occupier, either forthwith or at such time and place as may be specified by the Commissioner or authorised person.
(3)
The Commissioner or any authorised person must not exercise the right of entry conferred by subsection (1)(a) unless at least 24 hours’ notice of the intended entry has been given to the owner or occupier of the building or part thereof to be inspected.
Section 16
Authorised persons may make forcible entry
(1)
When any storey shelter, public shelter or improvised shelter liable to inspection under section 15 is closed, the owner or occupier of the building or part thereof which consists of the storey shelter, public shelter or improvised shelter must, on demand by the Commissioner or any authorised person, allow the Commissioner or authorised person free entry to the shelter and afford all reasonable facilities for a search in the shelter.
(2)
If entry to the storey shelter, public shelter or improvised shelter cannot be obtained, the Commissioner or authorised person may
(a)
break open any outer or inner door or window leading to the storey shelter, public shelter or improvised shelter;
(b)
forcibly enter the storey shelter, public shelter or improvised shelter and every part of the shelter; or(c)remove by force any obstruction to such entry or search.
Section 17
Furnishing of information
(1)
Where any person appears to the Commissioner to be acquainted with the circumstances of any case which is under investigation, the Commissioner may by notice require such person within such time as may be specified in the notice to furnish the Commissioner with such information relating to that case as is within that person’s knowledge or possession.
(2)
Any person who fails to comply with any notice under subsection (1) or who furnishes any information which the person knows or has reason to believe is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.
Section 18
Obstructing authorised persons in execution of duty
Any person who
(a)
refuses the Commissioner or any authorised person access to any building or part thereof or otherwise hinders the Commissioner or authorised person in the performance of his or her duty; or(b)neglects to give any information which is reasonably required of the person and which is in the person’s power to give or which the person is required by this Act or the regulations to give,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.
Section 19
Service of notices, etc.
(1)
Any notice, order or document required or authorised by this Act or the regulations to be served on any person may be served on that person
(a)
by delivering it personally to that person;
(b)
by delivering it at the usual or last known place of residence, business or employment of that person to some adult member or employee of that person’s family or household or to some adult person who is apparently in charge of or is employed at the usual or last known place of business or employment of the person to be served;
(c)
by sending it by registered post addressed to that person at that person’s usual or last known place of residence, business or employment; or(d)by affixing it to some conspicuous part of the building or part thereof of which that person is the owner or occupier.
(2)
Without affecting subsection (1), any notice, order or document required or authorised by this Act or the regulations to be served on any person during the period when an order made under section 1(3) is in operation may be served on that person
(a)
by publishing it in the daily newspapers circulating in Singapore in all the official languages and in the Gazette;
(b)
by broadcasting it over the radio and television in the prescribed manner;
(c)
by audible signals given in the prescribed manner over a public-address system or through a siren where such signals are audible from the usual or last known place of residence, business or employment of the person to be served;
(d)
by reading the contents of the notice, order or document over the telephone to that person;
(e)
by reading the contents of the notice, order or document over the telephone to some adult member or employee of that person’s family or household; or(f)by sending it by fax, telex or any other prescribed means of telecommunication to the person to be served at the usual or last known place of residence, business or employment of that person where there is an acknowledgment by electronic or any other means to the effect that the order or notice has been received at that place.
(3)
Where a notice, order or document is served on any person pursuant to
(a)
subsection (1)(b), it is
(i)
presumed, until the contrary is proved, to have been conveyed or read to the person to whom it applies at the time of delivery; and(ii)deemed to have been conveyed or read to the person to whom it applies on the expiry of 6 hours from the time of delivery;
(b)
subsection (1)(c), it is deemed to have been received and read by the person to whom it applies on the expiry of 48 hours from the time at which it was delivered to the post office for despatch;
(c)
subsection (1)(d), it is deemed to have been received and read by the person to whom it applies on the expiry of 24 hours from the time at which it was affixed to the building or part thereof;
(d)
subsection (2)(a), it is deemed to have been read by the person to whom it applies by noon on the day following the date of publication;
(e)
subsection (2)(b) or (c), it is deemed to have been seen or heard by the person to whom it applies on the expiry of 6 hours from the commencement of the first broadcast or audible signal, as the case may be;
(f)
subsection (2)(e), it is
(i)
presumed, until the contrary is proved, to have been conveyed to the person to whom it applies at the time of the telephone conversation; and(ii)deemed to have been conveyed to the person to whom it applies on the expiry of 6 hours from the time of the telephone conversation; or(g)subsection (2)(f), it is
(i)
presumed, until the contrary is proved, to have been received and read or heard by the person to whom it applies at the time of the first transmission; and(ii)deemed to have been received and read or heard by the person to whom it applies on the expiry of 6 hours from the time of the first transmission.
(4)
Any notice, order or document required or authorised by this Act or the regulations to be served on the owner or occupier of any building or part thereof is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the building or part thereof without further name or description.
(5)
Any notice, order or document required or authorised by this Act or the regulations to be served on any person may be issued in such form as the Commissioner may determine.
(6)
Where any such notice, order or document requires authentication, the signature of the Commissioner or an authorised person or an official facsimile of the signature appended to the notice, order or document is sufficient authentication.
Section 20
Inaccuracies in documents
(1)
No misnomer or inaccurate description of any person or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act or the regulations affects, in any way, the operation of this Act or the regulations 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 or the regulations are to be invalid for want of form.
Section 21
Immunity from suit
No suit or other legal proceedings shall lie against the Government, the Commissioner or any authorised person or public officer or any other person acting under the direction of the Commissioner or an authorised person or public officer for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or the regulations.
Section 22
Jurisdiction of Courts
Despite the provisions of the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to hear and determine all offences under this Act or the regulations and has power to impose the full penalty or punishment in respect of an offence under this Act or the regulations.
Section 23
Conduct of prosecutions
Proceedings in respect of any offence under this Act or the regulations may, with the authorisation of the Public Prosecutor, be conducted by any officer of the Force or any other person authorised in writing in that behalf by the Commissioner.
Amendment notes
- [15/2010]
Section 24
Evidence
(1)
The contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act or the regulations are, until the contrary is proved, presumed to be correct.
(2)
All records and other documents required by this Act or the regulations to be kept by the Commissioner are deemed to be public documents.
(3)
A copy of or extract from any record or document mentioned in subsection (2) that is
(a)
certified by the officer responsible for the custody of the record or document to be a true copy or extract; and(b)subscribed by that officer with his or her name and official title,is admissible in evidence as proof of its contents.
(4)
A certificate purporting to be under the hand of the Commissioner and specifying the costs and expenses or arrears as due and payable by any person is prima facie evidence of the facts certified therein and of the signature of the Commissioner.
Section 25
Offence by body corporate
Where an offence under this Act or the regulations has been committed by a body corporate, a partnership or an unincorporated association of persons, any person who at the time of the commission of the offence was a director, manager, partner, secretary or other similar officer of the body corporate, partnership or unincorporated association (as the case may be), or was purporting to act in any such capacity shall be guilty of that offence unless the person proves that
(a)
the offence was committed without his or her consent or connivance; and(b)the person had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances.
Section 26
Composition of offences
(1)
The Commissioner may compound any offence under this Act or the regulations that is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $500.
(2)
All sums received under subsection (1) must be paid into the Consolidated Fund.
Section 27
Exemption
The Minister may, by order either generally or in any particular case, and subject to such conditions as the Minister may impose, exempt any person or building or part thereof from all or any of the provisions of this Act or the regulations.
Section 28
Regulations
(1)
The Minister may make regulations for carrying out the purposes and provisions of this Act as the Minister considers necessary and for any matter which is required under this Act to be prescribed and, in particular, the Minister may make regulations
(a)
to regulate and control the use and maintenance of shelters during a state of emergency and the conduct of persons taking refuge in them;
(b)
to regulate and control the use and maintenance of shelters when there is no state of emergency;
(c)
to provide for the inspection of shelters;
(d)
to prescribe the time and manner for making any application under this Act;
(e)
to prescribe the fees and charges which may be levied under this Act or the regulations;
(f)
to prescribe the forms for use in connection with this Act or the regulations;
(g)
to prescribe the offences that may be compounded under section 26; and(h)to prescribe any other matter which is required to be prescribed for the purposes of this Act.
(2)
The Minister may, in making any regulations under subsection (1), provide that any contravention or failure to comply with any of the provisions of the regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 6 months or with both.