/akn/sg/act/act/1998/CVPA

Control of Vectors and Pesticides Act 1998

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Part 1

PRELIMINARY

Section 1

Short title

This Act is the Control of Vectors and Pesticides Act 1998.

Section 2

Interpretation

In this Act, unless the context otherwise requires —“active ingredient” means any substance contained in a pesticide or vector repellent which is responsible for the effect that the pesticide or vector repellent has on vectors;“advertise” means to advertise, directly or indirectly, by means of spoken words or any form of printed or written matter or any other medium;“Agency” means the National Environment Agency established under the National Environment Agency Act 2002;“authorised officer” means any person appointed by the Director‑General of Public Health under section 4(2);“auxiliary officer” means an individual who is appointed as an auxiliary officer under section 16A(1) of the National Environment Agency Act 2002;“competent authority” means a competent authority appointed under section 5 of the Planning Act 1998;“container” includes anything in or by which a pesticide or vector repellent may be cased, covered, enclosed, contained or packed before application; and, in the case of a pesticide or vector repellent which is sold or carried or intended for sale or carriage in more than one container, includes every such container;“Director-General” means the Director‑General of Public Health appointed under section 3(1) of the Environmental Public Health Act 1987;“label”, in relation to the container or package of a pesticide or vector repellent, means any written, pictorial or other descriptive matter marked on or affixed to the container or package;“Medical Officer of Health” means any registered medical practitioner who is engaged in vector control or epidemiological duties;“occupier”

(a)

in relation to any premises, vessel or aircraft, means the person in occupation of the premises, vessel or aircraft or having the charge, management or control thereof, either on the person’s own account or as agent of another person; and(b)in relation to any part of any premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;“owner”

(a)

in relation to any premises, vessel or aircraft, means the person for the time being receiving the rent of the premises, vessel or aircraft, whether on the person’s own account or as agent, trustee or receiver, or who would receive the rent if the premises, vessel or aircraft were let or chartered, and, in relation to any premises, includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960;

(b)

in relation to any premises where building works are being carried out, includes the developer;

(c)

in relation to the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes the management corporation having control of the building, a managing agent appointed by a management corporation or by the Commissioner of Buildings under the Building Maintenance and Strata Management Act 2004, and a liquidator appointed for that management corporation;

(d)

in relation to the limited common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes the subsidiary management corporation having control of that limited common property, and a managing agent appointed by a subsidiary management corporation or by the Commissioner of Buildings under the Building Maintenance and Strata Management Act 2004, and a liquidator appointed for that subsidiary management corporation; and(e)in relation to the common property of any building 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;“package”, in relation to any pesticide or vector repellent

(a)

means any box, packet or other article in which one or more containers of the pesticide or vector repellent are or are to be enclosed; and(b)where any such box, packet or other article is or is to be itself enclosed in one or more boxes, packets or other articles, includes each of such boxes, packets or articles;“pesticide” means any solid, liquid or gaseous substance or mixture or preparation of those substances, containing one or more active ingredients and used for vector control, but does not include any fumigant controlled under the Hydrogen Cyanide (Fumigation) Act 1947;“premises” means messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof used or intended to be used for human habitation or for employment or any other purpose;“registrant” means a person to whom the registration of a pesticide or vector repellent has been granted under section 7;“sell” means to sell by way of retail or wholesale dealing and includes barter, offering or attempting to sell, receiving for sale, having in possession for sale, exposing for sale, sending or delivering for sale, and causing or allowing to be sold, offered or exposed for sale;“supply” includes having in possession for the purpose of supply;“use” includes any act of handling, operating, dispensing, preparation, application, storage and disposal;“vector” means

(a)

any insect, including its egg, larva and pupa; and(b)any rodent, including its young, carrying or causing, or capable of carrying or causing any disease to human beings;“vector control” means the destruction, or the prevention of the propagation or harbouring, of vectors;“vector control operator” means a person who, in the course of any trade or business, undertakes or engages in vector control work;“vector control technician” means a person who, for reward or under a contract of employment, carries out or supervises the carrying out of any vector control work;“vector control work” means any work carried out for the purpose of vector control;“vector control worker” means any person who, for reward or under a contract of employment, carries out any vector control work under the supervision of a vector control technician;“vector repellent” means any solid, liquid or gaseous substance, or mixture or preparation of those substances, containing one or more active ingredients and used or intended to be used for repelling vectors;“vessel or aircraft” includes any vessel or aircraft of any class or description.

Amendment notes

[47/2004; 4/2016]

“active ingredient” means any substance contained in a pesticide or vector repellent which is responsible for the effect that the pesticide or vector repellent has on vectors;

“advertise” means to advertise, directly or indirectly, by means of spoken words or any form of printed or written matter or any other medium;

“Agency” means the National Environment Agency established under the National Environment Agency Act 2002;

“authorised officer” means any person appointed by the Director‑General of Public Health under section 4(2);

“auxiliary officer” means an individual who is appointed as an auxiliary officer under section 16A(1) of the National Environment Agency Act 2002;

“competent authority” means a competent authority appointed under section 5 of the Planning Act 1998;

“container” includes anything in or by which a pesticide or vector repellent may be cased, covered, enclosed, contained or packed before application; and, in the case of a pesticide or vector repellent which is sold or carried or intended for sale or carriage in more than one container, includes every such container;

“Director-General” means the Director‑General of Public Health appointed under section 3(1) of the Environmental Public Health Act 1987;

“label”, in relation to the container or package of a pesticide or vector repellent, means any written, pictorial or other descriptive matter marked on or affixed to the container or package;

“Medical Officer of Health” means any registered medical practitioner who is engaged in vector control or epidemiological duties;

“occupier”

(a)

“owner”

(a)

(b)

in relation to any premises where building works are being carried out, includes the developer;

(c)

(d)

“package”, in relation to any pesticide or vector repellent

(a)

“pesticide” means any solid, liquid or gaseous substance or mixture or preparation of those substances, containing one or more active ingredients and used for vector control, but does not include any fumigant controlled under the Hydrogen Cyanide (Fumigation) Act 1947;

“premises” means messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof used or intended to be used for human habitation or for employment or any other purpose;

“registrant” means a person to whom the registration of a pesticide or vector repellent has been granted under section 7;

“sell” means to sell by way of retail or wholesale dealing and includes barter, offering or attempting to sell, receiving for sale, having in possession for sale, exposing for sale, sending or delivering for sale, and causing or allowing to be sold, offered or exposed for sale;

“supply” includes having in possession for the purpose of supply;

“use” includes any act of handling, operating, dispensing, preparation, application, storage and disposal;

“vector” means

(a)

any insect, including its egg, larva and pupa; and(b)any rodent, including its young, carrying or causing, or capable of carrying or causing any disease to human beings;

“vector control” means the destruction, or the prevention of the propagation or harbouring, of vectors;

“vector control operator” means a person who, in the course of any trade or business, undertakes or engages in vector control work;

“vector control technician” means a person who, for reward or under a contract of employment, carries out or supervises the carrying out of any vector control work;

“vector control work” means any work carried out for the purpose of vector control;

“vector control worker” means any person who, for reward or under a contract of employment, carries out any vector control work under the supervision of a vector control technician;

“vector repellent” means any solid, liquid or gaseous substance, or mixture or preparation of those substances, containing one or more active ingredients and used or intended to be used for repelling vectors;

“vessel or aircraft” includes any vessel or aircraft of any class or description.

Amendment notes

[47/2004; 4/2016]

Section 3

Act to bind Government

This Act binds the Government.

Part 2

ADMINISTRATION OF ACT

Section 4

Administration of Act and appointment of authorised officers, etc.

Amendment notes

[4/2016]

(1)

The Director-General is responsible for the administration of this Act, subject to the general or special directions of the Minister.

(2)

The Director-General may in writing appoint any of the following persons to be an authorised officer for the purposes of this Act:

(a)

a public officer;

(b)

an officer or auxiliary officer of the Agency;

(c)

an officer of any statutory authority;

(d)

an auxiliary police officer appointed under the Police Force Act 2004.

Amendment notes

[4/2016]

(3)

The Director-General may, by instrument in writing under the hand of the Director‑General, appoint any person who in his or her opinion is qualified to carry out any analysis, test or examination or to make any report for the purposes of this Act.

(4)

The Director-General may, with the approval of the Minister, delegate the exercise of all or any of the powers conferred or duties imposed upon him or her by this Act to any authorised officer, subject to such conditions or limitations as the Director‑General may specify.

Part 3

CONTROL OF PESTICIDES AND VECTOR REPELLENTS

Section 5

Pesticides and vector repellents to be registered, etc.

(1)

A person must not

(a)

advertise any pesticide as being suitable for the purpose of vector control;

(b)

sell or supply any pesticide for the purpose of vector control; or(c)advertise, sell or supply any substance, mixture or preparation as being suitable for repelling vectors,unless the pesticide, substance, mixture or preparation (as the case may be) is registered under section 7.

(2)

A person must not sell any pesticide or vector repellent registered under section 7 otherwise than in a container or package to which is affixed or on which is printed a label that the Director‑General has approved and that shows clearly and distinctly the particulars prescribed by the regulations.

(3)

A vector control operator, vector control technician or vector control worker must not use any pesticide for the purpose of carrying out any vector control work unless the pesticide is registered under section 7.

Section 6

Application for registration of pesticides and vector repellents

An application for the registration of a pesticide or vector repellent must be made to the Director‑General in such form as the Director‑General may require and must be accompanied by

(a)

the prescribed fee;

(b)

such particulars, information and documents as may be prescribed;

(c)

such samples of

(i)

the pesticide or vector repellent and its container or package; and(ii)the label that is intended to be used in respect of the pesticide or vector repellent,as the Director-General may require; and(d)if required by the Director-General, a statutory declaration by the applicant verifying any information contained in or relating to the application.

Section 7

Registration of pesticides and vector repellents

(1)

On receiving an application under section 6, the Director‑General must consider the application and may

(a)

subject to subsection (2), register the pesticide or vector repellent (as the case may be) with or without conditions; or(b)refuse to register the pesticide or vector repellent.

(2)

The Director-General must not register any pesticide or vector repellent unless he or she

(a)

is satisfied that the pesticide or vector repellent conforms to the prescribed standards; and(b)approves of the label that is intended to be used in respect of the pesticide or vector repellent.

(3)

Where the Director-General has, under subsection (1)(b), refused to register a pesticide or vector repellent, he or she must, if requested to do so by the applicant, state in writing the reasons for the refusal.

(4)

The conditions which the Director-General may impose under subsection (1)(a) include

(a)

any condition restricting either or both of the following:

(i)

the use of any pesticide for the purpose of vector control;

(ii)

the persons or class of persons by whom any pesticide may be used for the purpose of vector control; and(b)any condition concerning the particulars to be shown on the label which is to be printed on or affixed to the container or package in which any pesticide or vector repellent is to be sold or supplied.

(5)

The Director-General may at any time vary or revoke any of the existing conditions imposed under subsection (1)(a) or impose new conditions.

(6)

Upon registering a pesticide or vector repellent, the Director‑General must

(a)

assign a registration number to the pesticide or vector repellent;

(b)

issue a certificate of registration to the registrant; and(c)make a record of the registration of the pesticide or vector repellent in the register maintained by the Director‑General under section 9.

(7)

The registration of a pesticide or vector repellent takes effect from the date stated in the certificate of registration and remains in force until it is cancelled under section 10.

Section 8

Registration mark

(1)

Where a pesticide or vector repellent has been registered by the Director‑General under section 7, the registrant must cause a registration mark to be shown clearly and in a conspicuous position on the label on every container or package in which the pesticide or vector repellent is to be sold or supplied.

(2)

The registration mark must be in such form and must contain such particulars as the Director‑General may determine.

Section 9

(1)

The Director-General must maintain, in the form that he or she thinks fit, a register of all pesticides and vector repellents registered under section 7.

(2)

Any person may, on payment of the prescribed fee, inspect the register at any time during office hours.

Section 10

Cancellation of registration of pesticide or vector repellent

(1)

The Director-General may cancel the registration of a pesticide or vector repellent if satisfied that

(a)

having regard to any information received by him or her subsequent to the registration of the pesticide or vector repellent concerning the effects thereof, the hazards arising from the use of the pesticide for the purpose of vector control, or from the use of the vector repellent for the purpose of repelling vectors, outweigh the advantages of its use;

(b)

the pesticide or vector repellent is not being prepared in accordance with the particulars registered in respect of the pesticide or vector repellent, as the case may be;

(c)

the pesticide or vector repellent no longer conforms to the prescribed standards;

(d)

the pesticide or vector repellent is no longer available for purchase in Singapore;

(e)

the registrant has procured the registration of the pesticide or vector repellent by providing any false particulars, information or document or making any false statement or representation;

(f)

the registrant has failed to comply with any of the conditions subject to which the pesticide or vector repellent has been registered;

(g)

the container or package in which the pesticide or vector repellent is being sold or supplied or the label printed on or affixed to the container or package does not comply with the prescribed requirements;

(h)

the pesticide or vector repellent is being advertised in a manner that is false, misleading or deceptive; or(i)the registrant has contravened any of the provisions of this Act.

(2)

Before cancelling the registration of a pesticide or vector repellent, the Director‑General must serve a written notice on the registrant requiring the registrant, within such time as may be specified in the notice, to show cause to the Director‑General as to why the registration of the pesticide or vector repellent should not be cancelled.

(3)

If the registrant fails to show cause as mentioned in subsection (2) within the specified time or within such further period as the Director‑General may allow, the Director‑General may cancel the registration of the pesticide or vector repellent as from a date he or she specifies.

(4)

If the registrant complies with the notice, the Director‑General must consider any representations or submissions made by or on behalf of the registrant, and if the Director‑General is satisfied as to any of the matters mentioned in subsection (1), he or she may

(a)

cancel the registration of the pesticide or vector repellent as from a date he or she specifies; or(b)allow the registration of the pesticide or vector repellent to continue, subject to the terms and conditions specified by the Director‑General.

(5)

The Director-General must, as soon as possible, inform the registrant in writing if the Director‑General

(a)

cancels the registration of a pesticide or vector repellent under subsection (3) or (4)(a); or(b)allows the registration of a pesticide or vector repellent to continue subject to terms and conditions under subsection (4)(b).

Section 11

Removal of registration marks, surrender of stocks, etc., upon cancellation of registration

Upon the cancellation of the registration of a pesticide or vector repellent

(a)

the person to whom the registration was granted must, unless the Director‑General otherwise directs, immediately take reasonable and necessary steps to have the registration mark removed, cancelled or obliterated from every container, package or label on which the person has printed or caused to be printed or to which the person has affixed or caused to be affixed, the registration mark; and(b)the Director-General may, by written notice addressed to the person to whom the registration was granted, require that person to recall all stocks, or to cease the sale, supply or distribution, of that pesticide or vector repellent within such time as the Director‑General may specify in the notice.

Section 12

Appeals

(1)

Any person aggrieved by

(a)

the imposition of any condition by the Director-General under section 7(1)(a) or (4) or section 10(4)(b);

(b)

the refusal of the Director-General to register a pesticide or vector repellent under section 7(1)(b); or(c)the cancellation of the registration of a pesticide or vector repellent by the Director‑General under section 10(3) or (4)(a),may, within 14 days of the date of receiving the notice informing the person of such imposition, refusal or cancellation (as the case may be), appeal in writing to the Minister whose decision is final.

(2)

Even though any appeal under subsection (1) is pending

(a)

any condition imposed by the Director-General under section 7(1)(a) or (4) or section 10(4)(b); or(b)any cancellation of the registration of a pesticide or vector repellent under section 10(3) or (4)(a), takes effect from the date specified by the Director‑General, unless the Minister otherwise directs.

Section 13

Power to take samples of pesticides and vector repellents for analysis and to detain consignment

(1)

Where the Director-General or an authorised officer knows or has reason to believe that any pesticide or vector repellent is stored on any premises, vessel or aircraft, he or she may, for the purpose of ascertaining whether the pesticide or vector repellent is in contravention of this Act

(a)

enter the premises, vessel or aircraft at all reasonable times, to take, without payment, any reasonable sample of any pesticide or vector repellent (including its container and package) found stored on the premises, vessel or aircraft for analysis or testing; and(b)seize or detain under normal storage conditions or take any necessary measures to prevent the removal or disposal of the whole consignment from which the sample is taken until a report of the result of the analysis or test is obtained.

(2)

Where the Director-General or an authorised officer has seized or detained, or taken measures to prevent the removal or disposal of, any consignment of pesticides or vector repellents under subsection (1)(b), the Director‑General or authorised officer (as the case may be) must immediately give written notice to

(a)

the owner;

(b)

the consignor or consignee of the consignment; or(c)the agent of such owner, consignor or consignee,if the name and address of the owner, consignor, consignee or agent are known.

(3)

Any person aggrieved by any action taken by the Director‑General or an authorised officer under subsection (1)(b) may, within 14 days of the action, appeal to the Minister whose decision is final.

(4)

A person must not

(a)

without the authority of the Director-General or an authorised officer tamper with, remove, distribute, sell or otherwise dispose of, the whole or any part of a consignment in respect of which the person knows or ought reasonably to know that the Director‑General or an authorised officer has taken any action under subsection (1)(b); or(b)alter, counterfeit, deface, destroy, erase or remove any identification mark, label or seal affixed by the Director‑General or an authorised officer to the consignment.

(5)

The Director-General or an authorised officer may by notice require the owner, consignor or consignee of the consignment from which any sample is taken under subsection (1)(a) or the agent of such person

(a)

to submit, at the person’s or agent’s own expense, the sample to an approved laboratory for the purpose of analysis or testing; and(b)to produce the report of analysis or testing issued by the approved laboratory.

(6)

Where

(a)

the result of the analysis or testing of the sample conducted under subsection (1)(a) or (5) confirms that the sample is not in contravention of this Act; or(b)the Minister on an appeal under subsection (3) so directs,the Director-General or an authorised officer (as the case may be) must immediately release the consignment.

(7)

Where the result of the analysis or testing of the sample conducted under subsection (1)(a) or (5) confirms that the sample is in contravention of this Act, the Director‑General or an authorised officer (as the case may be) may direct the owner, consignor or consignee of the consignment or the agent of such person to treat or destroy or otherwise dispose of such consignment, at the expense of such owner, consignor or consignee or agent thereof, in such manner as the Director‑General or authorised officer thinks fit.

(8)

Where a person to whom a direction under subsection (7) is given fails to comply with that direction, the Director‑General or an authorised officer may take any steps that he or she thinks fit to

(a)

secure the treatment, destruction or disposal of the consignment to which the direction relates; and(b)recover any costs and expenses reasonably incurred by him or her from that person in accordance with section 40.

Section 14

Penalty under this Part

Any person who fails to comply with any notice (except a notice under section 10) or order made under this Part, or contravenes any of the provisions of this Part, shall be guilty of an offence and shall be liable on conviction

(a)

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both; and(b)in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.

Part 4

DESTRUCTION OF VECTORS

Section 15

Prohibition on creating conditions favourable to vectors

(1)

A person must not create, or cause or permit to be created, any condition favourable to the propagation or harbouring of vectors.

(2)

Every person must comply with all such reasonable directions as may be given by the Director‑General or an authorised officer with a view to ensuring that such a condition does not arise or with a view to terminating the condition.

(3)

The directions may be given to the owner or occupier of any premises, vessel or aircraft and to any person therein, including the agents and servants of the owner or occupier.

(4)

If in any proceedings for a contravention of subsection (1) it is shown that the condition on any premises, vessel or aircraft is favourable to the propagation or harbouring of vectors, it is presumed, unless the contrary is proved, that the condition is created, or caused or permitted to be created, by the owner or occupier of the premises, vessel or aircraft.

Section 16

Prohibition on breeding, etc., of vectors without Director‑General’s permission

(1)

A person must not breed, keep, collect, distribute, sell, import or export any vectors without the written permission of the Director‑General.

(2)

An application for the Director-General’s permission to breed, keep, collect, distribute, sell, import or export any vectors must be made in such form and must state such particulars as the Director‑General may require.

(3)

The Director-General may refuse the application without giving any reason.

(4)

The Director-General must not grant permission to any person to breed, keep, collect, distribute, sell, import or export any vectors unless the Director-General is satisfied that the application has been made for

(a)

a scientific purpose;

(b)

purposes of education or research; or (c)any other purpose that is acceptable to the Director‑General.

(5)

The Director-General may, in granting permission to any person to breed, keep, collect, distribute, sell, import or export any vectors, impose any conditions that the Director‑General thinks fit.

(6)

The Director-General may revoke his or her permission granted under this section at any time without giving any reason.

Section 17

Powers of Director-General to direct taking of measures

(1)

Where it appears to the Director-General that any premises, vessel or aircraft or anything therein is or may become favourable to the propagation or harbouring of vectors, the Director‑General may make a written order addressed to the owner or occupier of the premises, vessel or aircraft.

(2)

The order made under subsection (1) may direct the owner or occupier to carry out such vector control work or to take such measure, as may be specified in the order, with regard to the premises, vessel or aircraft for the treatment, destruction or removal of anything on the premises, vessel or aircraft, so as to bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors.

(3)

The Director-General may, in the order, direct that

(a)

the vector control work or any other specified measure must be commenced on or before a specified date and must be completed within a specified period;

(b)

the vector control work must be carried out or any other specified measure must be taken at specified intervals over a specified period of time;

(c)

the vector control work or any other specified measure must be commenced within a specified period of time and continued until the premises, vessel or aircraft or anything on the premises, vessel or aircraft is no longer favourable to the propagation or harbouring of vectors;

(d)

any work being carried out on the premises, vessel or aircraft must be stopped either indefinitely or until the vector control work has been carried out or the specified measure has been taken to bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors; or(e)the vector control work must be carried out or any other specified measure must be taken by a registered vector control operator or a licensed vector control technician.

(4)

The Director-General may, by written order, direct the occupier of any premises, vessel or aircraft to cover, within a specified time, and keep continuously covered, any specified tank, cistern, receptacle or any manner of container in or appertaining to the premises, vessel or aircraft, so that vectors are unable to enter therein, and where any premises, vessel or aircraft is unoccupied, the order may be addressed to the owner thereof as if the owner were the occupier.

(5)

In particular and without limiting the powers under this section, the Director‑General may, in the order, direct the owner or occupier of any premises to

(a)

drain any land in accordance with the specifications or in the manner specified in the order; or(b)fill up inequalities in the surface of any land to a specified level,so as to prevent the breeding of vectors or so as to keep the land permanently free from standing water to an extent specified in the order.

(6)

Despite subsections (1), (4) and (5), the Director‑General may, if in his or her opinion the circumstances so warrant, himself or herself cause any work or measure specified in those subsections to be carried out or taken and recover the costs and expenses incurred from the owner or occupier of the premises, vessel or aircraft, as the case may be.

(7)

Where an order served under subsection (1) requires that any work being carried out on the premises, vessel or aircraft must be stopped, and the owner or occupier of the premises, vessel or aircraft on whom the order was served fails to comply with such requirements, the Director‑General may make a complaint to a Magistrate’s Court.

(8)

The Magistrate’s Court may, upon application by the Director‑General, make a summary order for the ejectment of any person found carrying out or likely to carry out such work on the premises, vessel or aircraft.

(9)

Any person aggrieved by any order made by the Director‑General under this section may, within 3 days of the order, appeal in writing to the Minister.

(10)

Even though any appeal under subsection (9) is pending, an order made by the Director‑General under this section takes effect from the date stated in the order, unless the Minister otherwise directs.

(11)

The Minister may, on an appeal made under subsection (9), confirm, vary or rescind the order or make any other order which the Director‑General is competent to make under this Act, and the decision of the Minister is final.

Section 18

Enforcement of order under section 17

If the owner or occupier of any premises, vessel or aircraft on whom an order made under section 17 has been served fails to comply with the terms of the order, the Director‑General or an authorised officer may

(a)

enter the premises, vessel or aircraft with such assistants and things as are necessary; and(b)do anything necessary or required by the order to be done and recover the costs and expenses incurred (if any) from the owner or occupier of the premises, vessel or aircraft.

Section 19

Prohibition on clearing undergrowth or vegetation under certain circumstances

Where on any land there is any stream or seepage or running or standing water to which shade may be afforded by the development of undergrowth or other vegetation, a person must not cut down or clear, or cause or permit to be cut down or cleared, any undergrowth or vegetation within 6 metres of the stream or seepage or running or standing water without the prior approval of the Director‑General.

Section 20

Medical examination of persons suspected of being infected with vector-borne diseases

The Director-General may, by written notice, require any person suspected of being infected with any vector‑borne disease to submit to medical examination and have his or her blood sample taken for examination within the time specified in the notice, and if the person is found to be infected, the Director‑General may require the person to undergo treatment.

Section 21

Spraying or fogging with pesticide

(1)

The Director-General may, by written notice, require the owner or occupier of any premises, vessel or aircraft or any pond, well, pool or other body of water, to carry out the spraying or fogging thereof with any form of pesticide within the time specified in the notice.

(2)

Despite subsection (1), the Director-General may, if he or she considers it necessary, himself or herself carry out the spraying or fogging and recover any costs or expenses incurred from the owner or occupier of the premises, vessel or aircraft or pond, well, pool or other body of water, as the case may be.

(3)

A person must not remove or render less effective any pesticide sprayed or fogged under subsection (1) or (2).

Section 22

Power to require information

If, in the opinion of the Director-General, there is reasonable ground for suspecting that any person possesses information relating to the propagation of vectors or of the occurrence of any vector‑borne disease, the Director‑General may require that the information be produced, whether immediately or within the time specified by the Director‑General.

Section 23

Penalty under this Part

Any person who fails to comply with any notice or order made under this Part, or contravenes any of the provisions of this Part, shall be guilty of an offence and shall be liable on conviction

(a)

in the case of an offence under section 17, 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 6 months or to both; and(b)in any other case, to a fine not exceeding $5,000 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 $10,000 or to imprisonment for a term not exceeding 6 months or to both.

Part 5

CONTROL OF VECTOR CONTROL OPERATORS, TECHNICIANS AND WORKERS

Section 24

Vector control operators to be registered

A person must not

(a)

in the course of any trade or business, undertake or engage in vector control work; or(b)advertise or otherwise hold himself, herself or itself out as a vector control operator,unless the person is registered as a vector control operator under this Act.

Section 25

Vector control technicians to be licensed

A person must not act as or carry out the work of a vector control technician unless he or she is licensed or provisionally licensed as a vector control technician under this Act.

Section 26

Vector control workers to be certified

A person must not act as or carry out the work of a vector control worker unless he or she is certified or provisionally certified as a vector control worker under this Act.

Section 27

Vector control operator to employ licensed vector control technicians and certified vector control workers to carry out vector control work

A registered vector control operator must not employ or engage any person

(a)

to carry out the work of a vector control technician unless that person has been licensed or provisionally licensed as a vector control technician under this Act; or(b)to carry out the work of a vector control worker unless that person has been certified or provisionally certified as a vector control worker under this Act.

Section 28

Vector control technicians to be assisted only by certified vector control workers

A vector control technician who is licensed or provisionally licensed under this Act must not allow any person to assist him or her, or to partake, in the carrying out of any vector control work unless that person has been certified or provisionally certified as a vector control worker under this Act.

Section 29

Application for registration, licence and certificate

(1)

A person who desires to be

(a)

registered as a vector control operator;

(b)

licensed as a vector control technician; or(c)certified as a vector control worker,under this Act may apply to the Director‑General in such form or manner as the Director‑General may require.

(2)

An application made under subsection (1) must be accompanied by

(a)

the prescribed fee; and(b)such particulars, information and documents as the Director‑General may require.

(3)

Subject to subsections (4) and (5), the Director‑General may, upon receiving an application under subsection (1)

(a)

grant the registration, licence or certificate applied for either unconditionally or subject to any conditions that the Director‑General thinks fit; or(b)refuse the application.

(4)

The Director-General must not

(a)

register an applicant as a vector control operator unless the Director‑General is satisfied that the applicant is a fit and proper person to be so registered; or(b)grant a vector control technician’s licence or a vector control worker’s certificate to an applicant unless the Director‑General is satisfied that the applicant

(i)

possesses the prescribed qualifications or practical experience; and(ii)is sufficiently competent, and in all other respects a fit and proper person, to be entrusted to carry out the work of a vector control technician or a vector control worker, as the case may be.

(5)

Despite subsection (4)(b), where

(a)

an applicant for a vector control technician’s licence or a vector control worker’s certificate does not possess the requisite qualifications or practical experience; or(b)the Director-General is not satisfied that an applicant is sufficiently competent to be entrusted to carry out the work of a vector control technician or a vector control worker, as the case may be,the Director-General may, instead of refusing the application, require the applicant to undergo such training and to take and successfully complete such tests as the Director‑General may specify.

(6)

For the purpose of subsection (5), the Director‑General may, subject to any conditions that he or she thinks fit, grant a provisional vector control technician’s licence or a provisional vector control worker’s certificate to the applicant to enable the applicant to carry out the work of a vector control technician or a vector control worker (as the case may be) while undergoing training.

(7)

The Director-General may at any time vary or revoke any of the existing conditions imposed under subsection (3)(a) or (6) or impose new conditions.

(8)

Where the Director-General has, under subsection (3)(b), refused any application, he or she must, at the applicant’s request, state in writing the reasons for the refusal.

(9)

Where a person is registered as a vector control operator under this section, the Director‑General must issue a certificate of registration to that person, and the certificate or a certified copy of the certificate must be exhibited in a conspicuous place at the principal place of business of that person and at every other place where that person carries on business.

Section 30

Duration and renewal of registration, licence or certificate

(1)

Subject to section 31

(a)

the registration of a vector control operator;

(b)

a vector control technician’s licence; and(c)a vector control worker’s certificate,granted under section 29(3)(a) is each valid for a period of 3 years from the date of the grant and, subject to the provisions of this Act, may each be renewed upon its expiry.

(2)

Subject to section 31

(a)

a provisional vector control technician’s licence; and(b)a provisional vector control worker’s certificate,granted under section 29(6) is each valid for a period of 9 months from the date of the grant and, subject to the provisions of this Act, may each be renewed upon its expiry.

(3)

Section 29(2) to (9) applies, with the necessary modifications, to an application for the renewal of

(a)

the registration of a vector control operator;

(b)

a vector control technician’s licence; or(c)a vector control worker’s certificate.

Section 31

Suspension and cancellation of registration, licence or certificate

Amendment notes

[4/2002]

(1)

The Director-General may suspend or cancel the registration of a vector control operator, a vector control technician’s licence or a vector control worker’s certificate if the Director‑General is satisfied that

(a)

the grant of the registration, licence or certificate has been obtained by fraud or misrepresentation;

(b)

the person to whom the registration, licence or certificate has been granted is contravening, or has contravened or failed to comply with

(i)

any of the provisions of this Act;

(ii)

any condition subject to which the registration, licence or certificate (as the case may be) was granted to the person; or(iii)any direction given to the person by the Director‑General or an authorised officer under this Act;

(c)

the person to whom the registration, licence or certificate has been granted has ceased to carry on business as a vector control operator, vector control technician or vector control worker, as the case may be;

(d)

in the case of a person who has been granted a provisional vector control technician’s licence or a provisional vector control worker’s certificate, that person has failed to complete the training mentioned in section 29(6); or(e)it is in the public interest to suspend or cancel the registration, licence or certificate.

(2)

The Director-General, before suspending or cancelling any registration, licence or certificate under subsection (1), must

(a)

give the person to whom the registration, licence or certificate has been granted written notice of the Director‑General’s intention to do so; and(b)in the notice call upon that person to show cause within such time as may be specified in the notice as to why the registration, licence or certificate should not be suspended or cancelled.

(3)

If the person to whom a notice has been given under subsection (2)

(a)

fails to show cause within the period of time given to the person to do so or such extended period of time as the Director‑General may allow; or(b)fails to show sufficient cause,the Director-General must give written notice to that person of the date from which the suspension or cancellation of the registration, licence or certificate (as the case may be) takes effect.

Amendment notes

[4/2002]

(4)

For the purposes of this section

(a)

any reference to a vector control technician’s licence includes a reference to a provisional vector control technician’s licence; and(b)any reference to a vector control worker’s certificate includes a reference to a provisional vector control worker’s certificate.

Section 32

Appeals

(1)

Any person aggrieved by

(a)

the imposition of any condition by the Director‑General in granting or renewing any registration, licence or certificate under section 29 or 30;

(b)

the refusal of the Director-General to grant or renew any registration, licence or certificate under section 29 or 30; or(c)the suspension or cancellation of any registration, licence or certificate by the Director‑General under section 31,may, within 14 days of the date of receiving the notice informing the person of such imposition, refusal, suspension or cancellation (as the case may be), appeal in writing to the Minister whose decision is final.

(2)

Even though any appeal under subsection (1) is pending, any condition imposed by the Director‑General under section 29 or 30 takes effect from the date specified by the Director‑General, unless the Minister otherwise orders.

(3)

If the person whose registration, licence or certificate has been suspended or cancelled by the Director‑General gives due notice of appeal to the Minister within the period referred to in subsection (1), the suspension or cancellation (as the case may be) does not take effect unless it is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.

(4)

For the purposes of this section

(a)

any reference to a licence includes a reference to a provisional vector control technician’s licence; and(b)any reference to a certificate includes a reference to a provisional vector control worker’s certificate.

Section 33

(1)

The Director-General must maintain, in the form that he or she thinks fit, a register of all registered vector control operators, licensed and provisionally licensed vector control technicians and certified and provisionally certified vector control workers.

(2)

Any person may, on payment of the prescribed fee, inspect the register at any time during office hours.

Section 34

Penalty under this Part

Any person who contravenes any of the provisions of this Part shall be guilty of an offence and shall be liable on conviction

(a)

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both; and (b)in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.

Part 6

MISCELLANEOUS

Section 35

Power to enter premises, vessel or aircraft

(1)

The Director-General or an authorised officer may, with or without assistants, for the purposes of this Act, enter any premises, vessel or aircraft in order to make any survey, inspection or search or to execute any works authorised by this Act.

(2)

Any Medical Officer of Health may

(a)

medically examine any person on any premises, vessel or aircraft for the purpose of ascertaining whether that person is suffering from, or has recently suffered from, or is a carrier of, any vector‑borne disease, or whether that person has been recently exposed to infection by any such disease;

(b)

medically treat any person on the premises, vessel or aircraft who is suffering from any vector‑borne disease; or(c)cause a post-mortem examination to be made on any corpse found on the premises, vessel or aircraft for the purpose of ascertaining whether the cause of death has been due to any vector‑borne disease.

(3)

A person must not, except with the consent of the occupier thereof, enter any dwelling-house by virtue of the powers conferred by this section without at least 12 hours’ previous notice being given to the occupier thereof, if any.

(4)

The owner or occupier of any premises, vessel or aircraft (as the case may be) must supply any information that the Director‑General or any authorised officer may require or consider to be reasonably necessary for the purpose of this section.

Section 36

Director-General may act in cases of emergency

In cases of emergency the Director-General 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 the opinion of the Director‑General necessary for public health or for the safety of the public.

Section 37

Owner and occupier to protect works

(1)

Where the Director-General or any department of the Government has constructed any works with the object of preventing the breeding of vectors, the owner or occupier of the premises on which the works stand must prevent the premises from being used in any manner that is likely to

(a)

cause the deterioration of the works; or(b)lessen the efficiency of the works.

(2)

Where any such premises are used in a manner that causes the deterioration, or lessens the efficiency, of the works

(a)

the owner or occupier of the premises shall, subject to subsection (4), be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000; and(b)the Director-General may enter the premises with such assistants and things as are necessary, execute any necessary repairs or works on the premises and recover from the person convicted the costs and expenses incurred in connection with the repairs or works.

(3)

Before any proceedings are taken under this section, the Director‑General must give the owner or occupier (as the case may be) written notice specifying

(a)

what the Director-General requires to be done or not to be done; and(b)the time within which the notice is to be complied with.

(4)

If the owner of the premises is, by reason of any contract (not being a contract made with an intention to evade liability under this section), prevented from entering the premises to carry out the duties and obligations mentioned in subsection (1), the owner shall not be liable to any of the penalties mentioned in subsection (2) unless it can be shown that the owner has contributed in any way to the refusal or failure of the occupier to carry out those duties and obligations.

Section 38

Penalty for damaging, etc., works

(1)

Any person who, without the consent of the Director‑General, interferes with, damages, injures, destroys or renders useless any works executed or any materials or things placed in, under or upon any premises by or under the order of the Director‑General, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(2)

The Director‑General may in addition recover from the person convicted any costs and expenses incurred in connection with the re‑execution of the works or the replacement of the materials or things so interfered with, damaged, injured, destroyed or rendered useless.

Section 39

Damage to property of Agency to be made good in addition to penalty

(1)

If through any act, neglect or default on account of which any person has incurred any penalty under this Act any damage is caused by that person to property belonging to the Agency, the person shall be liable to make good the damage as well as to pay the penalty.

(2)

The amount of the damage is, in case of dispute, to be determined by the court by which the person incurring the penalty was convicted.

(3)

The amount of the damage may be recovered as if it were a fine imposed by the court.

Section 40

Compensation, damages, fees, costs and expenses to be determined by court

Amendment notes

[40/2019]

(1)

Except as otherwise provided in this Act, in all cases when compensation, damages, fees, costs and expenses are by this Act directed to be paid, the amount and (if necessary) the apportionment of the amount and any question of liability are, in case of dispute or failure to pay, to be summarily ascertained and determined by a District Court.

(2)

If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay that amount within 14 days after demand, that amount may be reported to a District Court and recovered in the same manner as if it were a fine imposed by a District Court.

(3)

An appeal shall lie to the General Division of the High Court from any decision of a District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals.

Amendment notes

[40/2019]

Section 41

Recovery of costs and expenses by instalments

(1)

Where the Director-General has incurred costs and expenses in connection with the execution of any works, which are, under this Act, payable by or recoverable from the owner or occupier of any premises, vessel or aircraft (as the case may be), the Director‑General may obtain an undertaking from the owner or occupier for the payment of such instalments as will be sufficient to defray the whole amount of such costs and expenses.

(2)

Upon default in payment of any instalment on the date appointed for payment of the instalment by the undertaking mentioned in subsection (1), the whole of the amount outstanding

(a)

immediately becomes due and payable; and (b)despite any change in the ownership or occupation of the premises, vessel or aircraft since the date of the undertaking, may be recovered by the same means and in the like manner as provided in section 40.

Section 42

Fees, etc., payable to Agency

All fees, charges, composition fines and moneys collected under this Act must be paid to the Agency.

Section 43

Liability of transferor of property

Where a person sells or transfers any property in respect of which costs and expenses have been incurred by the Agency in or about the execution of any works required to be done under this Act, and the costs and expenses are recoverable under this Act from the owner of the property, the person continues to be liable for

(a)

the payment of all the costs and expenses which became payable before the transfer; and(b)the performance of all other obligations imposed by this Act upon the owner of the property which were required to be performed before the transfer.

Section 44

Persons unable to pay necessary expenses

If it appears to the Director-General after due enquiry that any person does not have the means to pay the necessary expenses of doing anything required to be done by the person under this Act, the necessary expenses may be paid out of the funds of the Agency.

Section 45

Obstructing or hindering Director-General, etc., in performance of duties

Any person who obstructs or hinders the Director‑General or any police officer or authorised officer, or any other person acting under the direction of the Director‑General, in the performance or execution of his or her duty or anything which he or she is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both.

Section 46

Notice to attend court

Amendment notes

[15/2010]
[15/2010]

(1)

Where it appears to the Director-General or any police officer or authorised officer that any person has committed an offence under this Act, the Director‑General, police officer or authorised officer may serve on the person a notice in such form as may be prescribed requiring the person to attend at the court, at the hour and on the date specified in the notice.

(2)

The Director-General, police officer or authorised officer must prepare a duplicate of the notice mentioned in subsection (1) and, if so required by a court, produce the duplicate to the court.

(3)

When an accused person appears before a court pursuant to such a notice, the court is to take cognizance of the offence alleged and is to proceed as though the accused were brought before the court under section 153 of the Criminal Procedure Code 2010.

Amendment notes

[15/2010]

(4)

If a person who has been served the notice fails to appear before a court in accordance with the notice, the court is to issue a warrant for the arrest of that person.

(5)

When a person who is arrested pursuant to a warrant issued under subsection (4) is brought before a court, the court is to

(a)

proceed as though the person were brought under section 153 of the Criminal Procedure Code 2010; and(b)at the conclusion of the proceedings, call upon the person to show cause why he or she should not be punished for failing to attend in compliance with the notice served upon him or her and, if cause is not shown, may order him or her to pay a fine not exceeding $2,000 or may commit him or her to prison for a term not exceeding 2 months.

Amendment notes

[15/2010]

Section 47

Power of arrest

(1)

The Director-General, a police officer or an authorised officer may arrest without warrant any person committing in his or her view, or who he or she has reason to believe has committed, any offence under this Act if

(a)

he or she does not know the person’s name and address;

(b)

the person omits or refuses to give his or her name and address or provide any other proof of identity that may be required; or(c)he or she has reason to believe that the name, address or proof of identity given by the person is false.

(2)

A person arrested under this section may be detained until his or her name and address are correctly ascertained.

(3)

A person arrested under this section must not be detained longer than is necessary for bringing him or her before a court unless the order of a court for his or her detention is obtained.

Section 48

Person charged with offence to provide particulars if required

(1)

Any person who is charged by the Director‑General, a police officer or an authorised officer with any offence under this Act must give his or her name and address and any other proof of identity to the Director‑General, police officer or authorised officer, if so required.

(2)

The occupier of any premises, vessel or aircraft must, if required by the Director‑General, police officer or authorised officer, give his or her name and other proof of identity and the name and address of the owner of the premises, vessel or aircraft, if known.

(3)

Any person who contravenes this section or wilfully misstates his or her name and address or the name and address of the owner of any premises, vessel or aircraft shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Section 49

Offence by body corporate, etc.

Where an offence under this Act 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 thereof, or was purporting to act in any such capacity shall be guilty of that offence unless he or she proves that

(a)

the offence was committed without his or her consent or connivance; and(b)he or she 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 50

Limitation of liability

Except in any case where, by reason of the act or omission complained of, any injury or danger to health subsists at the date of the complaint, no person shall be liable to any fine or penalty under this Act for any offence under this Act unless the complaint in respect of the offence is made within 12 months after the date of the commission of the offence.

Section 51

Jurisdiction of court

Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act.

Section 52

Forfeiture

Where any person is convicted of any offence under this Act, the court may order that any article seized under this Act be forfeited to the Agency and may further order that the article be disposed of, under the direction of the Director‑General, by the person convicted at the person’s own expense.

Section 53

Composition of offences

(1)

The Director-General or any officer authorised in writing in that behalf by the Agency may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $5,000.

(2)

On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.

Section 54

Protection from personal liability

No suit or other legal proceedings shall lie against the Director‑General, an authorised officer or any other person acting under the direction of the Director‑General for anything which is in good faith done in the execution or purported execution of this Act.

Section 55

Receipts, notices, etc.

(1)

All notices, orders, receipts, warrants and other documents which the Director‑General is empowered to give by this Act may be given

(a)

in such form as the Director-General may determine; and(b)by any authorised officer.

(2)

Where any such notice, order, receipt, warrant or document requires authentication, either of the following appended thereto is sufficient authentication:

(a)

the signature of the Director-General or authorised officer;

(b)

a facsimile of the signature of the Director‑General or authorised officer.

Section 56

Service of documents, etc.

(1)

Any notice, order or document required or authorised by this Act to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act, may be served on the person

(a)

by delivering it to the person or to an adult member or employee of his or her family or household at his or her last known place of residence;

(b)

by leaving it at his or her usual or last known place of residence or business in an envelope addressed to the person;

(c)

by sending it by registered post addressed to the person at his or her usual or last known place of residence or business; or(d)in the case of an incorporated company, a partnership or a body of persons

(i)

by delivering it to the secretary or other similar officer of the company, partnership or body of persons at its registered office or principal place of business; or(ii)by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.

(2)

Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, document or summons (as the case may be) would in the ordinary course of post be delivered and in proving service of the notice, order, document or summons it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.

(3)

(a)

by delivering it or a true copy of it to an adult person on the premises, vessel or aircraft; or(b)if there is no adult person on the premises, vessel or aircraft to whom it can with reasonable diligence be delivered, by affixing it to a conspicuous part of the premises, vessel or aircraft.

(4)

Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises, vessel or aircraft, or any summons issued by a court against any such owner or occupier in connection with any offence under this Act, is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises, vessel or aircraft without further name or description.

Section 57

Inaccuracies in documents, etc.

(1)

No misnomer or inaccurate description of any person, premises, building, street, place, vessel or aircraft named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act affects in any way the operation of this Act as respects that person, premises, building, street, place, vessel or aircraft if that person, premises, building, street, place, vessel or aircraft is so designated in the notice, order or document as to be identifiable.

(2)

No proceedings taken under or by virtue of this Act are invalid for want of form.

Section 58

Evidence of analyst

(1)

Subject to subsection (3), a certificate of an analyst appointed under section 4(3) (called in this section an analyst’s certificate)

(a)

stating that the analyst has analysed, tested or examined any pesticide, vector repellent or other substance or thing; and (b)stating the result of his or her analysis, test or examination,is admissible in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis, test or examination.

(2)

For the purpose of subsection (1), a document purporting to be an analyst’s certificate, when produced by the prosecution, is, unless the contrary is proved, deemed to be such a certificate.

(3)

An analyst’s certificate shall not be received in evidence under subsection (1) unless the person charged has, not less than 10 clear days before the proceedings commence, been given

(a)

a copy of the certificate; and(b)notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.

(4)

Where an analyst’s certificate is admitted in evidence under subsection (1), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if the analyst had given evidence of the matters stated in the certificate.

(5)

The contents of any document prepared, issued or served under or for the purposes of this Act are, until the contrary is proved, presumed to be correct, and the production of any document or book purporting to contain any apportionment made under this Act shall, without any other evidence, be received as prima facie evidence of the making and validity of the apportionment mentioned therein.

Section 59

Exemption

The Agency may, subject to the general or special directions of the Minister, either permanently or for any period that the Agency thinks fit, exempt any person, premises, vessel or aircraft or any class of persons, premises, vessel or aircraft from any of the provisions of this Act.

Section 60

Regulations

(1)

The Agency may, with the approval of the Minister, make regulations for carrying out the purposes of this Act and for any matter required under this Act to be prescribed.

(2)

Without limiting subsection (1), the Agency may, with the approval of the Minister, make regulations

(a)

prescribing the particulars, information and documents to be provided with any application made under this Act;

(b)

prescribing the form to be used for any purpose under this Act;

(c)

prescribing standards for efficacy and safety of pesticides and vector repellents;

(d)

prescribing the qualifications and other requirements to be met by any person applying to be registered as a vector control operator or licensed as a vector control technician or certified as a vector control worker (called in this section an applicant);

(e)

providing for the examination or testing of an applicant, and prescribing the circumstances in which and conditions on which an applicant may be exempted from the examination or testing;

(f)

prescribing the duties and obligations of registered vector control operators, licensed and provisionally licensed vector control technicians and certified and provisionally certified vector control workers;

(g)

providing for the powers and duties of the Director‑General or authorised officers under this Act;

(h)

prohibiting, controlling or regulating the carrying out of any type of vector control work or the use of any type of pesticide for the purpose of vector control;

(i)

regulating the storage of pesticides and vector repellents;

(j)

regulating the disposal of the residues or remnants of any pesticide used in vector control work;

(k)

imposing temporary restrictions upon the use of any premises, vessel or aircraft on which any vector control work has been carried out, for the purpose of preventing injurious effects which may result from the vector control work or the use of any pesticide in connection with the work;

(l)

requiring tests to be carried out on any premises, vessel or aircraft on which any vector control work has been carried out, for the purpose of preventing injurious effects which may result from the vector control work or the use of any pesticide in connection with the work;

(m)

prescribing the manner in which any pesticide or vector repellent is to be contained, packaged or labelled before it is offered for sale or supply;

(n)

prescribing the procedure for the taking and analysis of samples under this Act;

(o)

prescribing the fees to be charged for the purposes of this Act; and(p)prescribing the offences which may be compounded and the method and procedure by which such offences may be compounded.

(3)

The Agency may, with the approval of the Minister, in making any regulations, provide that any contravention of, or failure or neglect to comply with any regulations shall be an offence and may prescribe the fine with which the offence shall be punishable, except that no such fine shall exceed for any one offence the sum of $10,000 and, in the case of a continuing offence, the sum of $500 for every day or part of a day during which the offence continues after conviction.

(4)

All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.

Section 61

Transitional provision

Any licence, permit, document, application, approval, permission, order, direction, ruling or notice issued, made, given or approved by the Commissioner of Public Health under any provision of this Act immediately before 1 July 2002 is deemed to have been issued, made, given or approved under the same provision by the Director‑General.

Control of Vectors and Pesticides Act 1998

PRELIMINARY

Definition

Definition

Definition

Definition

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Definition

Definition

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Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

ADMINISTRATION OF ACT

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CONTROL OF PESTICIDES AND VECTOR REPELLENTS

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(7)

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(5)

(1)

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(1)

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(8)

DESTRUCTION OF VECTORS

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(6)

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(5)