/akn/sg/act/act/1999/EPMA

Environmental Protection and Management Act 1999

Text is served through the Arturio legal-data gateway. This reader shows the active Singapore expression when available.

Open source PDF

Part 1

PRELIMINARY

Section 1

Short title

This Act is the Environmental Protection and Management Act 1999.

Amendment notes

[26/2007]

Section 2

Interpretation

In this Act, unless the context otherwise requires —“Agency” means the National Environment Agency established under the National Environment Agency Act 2002;“air impurities” includes smoke, cinders, solid particles of any kind, gases, fumes, mists, odours and radioactive substances;“air pollution” means the emission into the air of any air impurity;“air pollution control equipment” includes

(a)

any apparatus for separating any air impurities from the gas or liquid medium in which they are carried;

(b)

any automatic device used for securing the more efficient operation of any fuel burning equipment;

(c)

any device to indicate or record air pollution or give warning of excessive air pollution; and(d)any other device used for the purposes of preventing or limiting air pollution;“analysis” includes the taking of a sample or any test, measurement, calculation or examination made for the purpose of determining the characteristics of any matter or substance or the effects of any discharge, emission or deposit of trade effluent, air impurity or hazardous substance;“analyst” means an analyst appointed or approved by the Director‑General;“authorised officer” means any person appointed to be an authorised officer under section 3(2);“auxiliary officer” means an individual who is appointed as an auxiliary officer under section 16A(1) of the National Environment Agency Act 2002;“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise;“building works” has the meaning given by the Building Control Act 1989;“chimney” includes a structure or opening of any kind from or through which air impurities may be emitted, and any reference to a chimney of or used in connection with any premises includes a reference to a chimney which serves the whole or a part of the premises though structurally separate from the premises;“construction site” means any premises on or in which the construction, alteration or demolition of any building or structure is carried on and includes

(a)

all the land within the vicinity of the work place which are owned by the person for whom the construction works are being carried out and to which the principal contractor has control of access; and(b)any canteen, sleeping quarters, office and other structures or buildings erected on the construction site;“container” means

(a)

any vessel, can, drum, barrel or other receptacle; or(b)where such vessel, can, drum, barrel or other receptacle is contained in another container or is wholly enveloped in a covering or coverings of whatever nature — the outermost container or covering, as the case may be, but does not include the carrying tank of a road tanker, a tank container or a freight container;“dark smoke” means smoke which is ascertained by any method that may be prescribed to be dark smoke;“day” means a period of 24 hours from midnight;“Director-General” means the Director‑General of Environmental Protection appointed under section 3(1);“drain” includes any watercourse or river;“export”, with its grammatical variations and cognate expressions, means to take or cause to be taken out of Singapore by land, water or air and includes the placing of any substances, plant, equipment, machinery or any products in a vessel, conveyance or aircraft for the purposes of the substances, plant, equipment, machinery or any products being taken out of Singapore by water or air; but does not include the taking out of Singapore by water or air of any substances, plant, equipment, machinery or any products on the same vessel or aircraft on which they were brought into Singapore unless, after being brought into Singapore, the substances, plant, equipment, machinery or any products have been landed or transhipped within Singapore;“fuel burning equipment” means any furnace, boiler, fire place, oven, retort, incinerator, internal combustion engine, vessel or chimney, or any other apparatus, device, mechanism or structure used or to be used in connection with the burning of any combustible material in, or in relation to, any industrial plant;“hazardous substance” means any of the substances specified in the first column of Part I of the Second Schedule but does not include

(a)

the substance when contained in any substance, preparation or product specified in the second column of that Part corresponding to that substance; or(b)the substance when contained in any substance, preparation or product specified in Part II of that Schedule;“import”, with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore but does not include the bringing into Singapore by water or air of any substances, plant, equipment, machinery or any products which it is proved to be intended to be taken out of Singapore on the same vessel or aircraft on which they were brought into Singapore without any landing or transhipment within Singapore;“industrial or trade premises” means premises used for any industrial or trade purposes or premises on which matter is burnt in connection with any industrial or trade process, and includes all scheduled premises and construction sites;“industrial plant” means any plant or equipment used for the generation of power, or for any industrial use, or for the operation of vessels, aircraft, locomotives, cranes, internal combustion engines or other machines using any combustible material for their operation;“industrial plant works” means any of the following works:

(a)

the erection or extension of an industrial plant;

(b)

the alteration or addition of an industrial plant;

(c)

the erection or extension of a plant for the treatment of trade effluent or toxic substances;

(d)

the provision, extension or alteration of any equipment to control pollution from an industrial plant;“inland waters” means any river, stream, reservoir, lake or pond, whether natural or artificial;“licensee” means any person licensed under this Act;“motor vehicle” has the meaning given by the Road Traffic Act 1961;“occupier”, in relation to

(a)

any premises — means the person in occupation of the premises or having the charge, management or control thereof; and(b)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”, in relation to

(a)

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

(b)

any premises where building works are carried out — includes the developer and the building contractor;

(c)

the common property of any subdivided building — includes the management corporation established under the Building Maintenance and Strata Management Act 2004 having control of the building, or the person receiving any rent or charge for the maintenance of that common property; and(d)the limited common property of any subdivided building — includes the subsidiary management corporation established under the Building Maintenance and Strata Management Act 2004 having control of the limited common property, or the person receiving any rent or charge for the maintenance of that limited common property;“pollution of the environment” means pollution of the environment due to the release (into any environmental medium) from any process of substances which are capable of causing harm to human or any other living organisms supported by the environment;“practicable” means reasonably practicable having regard, among other things, to local conditions and circumstances and to the current state of technical knowledge, and “best practicable means” includes the provision and the efficient maintenance of a plant and the proper use thereof and the supervision, by or on behalf of the occupier, of any process or operation;“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained under statutory authority or not;“process” means any activity carried on in Singapore, whether on premises or by way of a plant which is designed to move or to be moved whether on roads or otherwise, which are capable of causing pollution to the environment;“qualified person”, in relation to any industrial plant works mentioned in section 33, means an appropriate qualified person appointed under section 8 or 11 of the Building Control Act 1989 in respect of building works which include industrial plant works;“registered inspector” means a person whose name is registered under section 34;“road” has the meaning given by the Road Traffic Act 1961;“road tanker” means a goods vehicle as defined in the Road Traffic Act 1961 which has a tank that is structurally attached to or is an integral part of the frame of the vehicle;“sale” includes barter, exchange, import and export and also includes offering or attempting to sell, or causing or allowing to be sold, or exposing for sale or receiving or sending or delivering for sale; and the word “sell” is to be construed accordingly;“scheduled premises” means any premises specified in the First Schedule;“sewage” has the meaning given by the Sewerage and Drainage Act 1999;“sewerage system” has the meaning given by the Sewerage and Drainage Act 1999;“smoke” includes soot, ash, grit and gritty particles emitted in smoke;“tank” means a container having a total internal capacity exceeding 250 litres for liquids and 500 litres for gases;“tank container” means a tank with a total liquid capacity of 450 litres or more which is

(a)

used for the conveyance of a liquid, gaseous, powdery or granular substance; and(b)constructed for repeated use and to facilitate the carriage of goods by one or more modes of transport without need of removal of its structural equipment or intermediate reloading of its contents;“the environment” consists of all or any of the following media, namely, air, water and land;“Town Council” has the meaning given by the Town Councils Act 1988;“toxic substance” means any trade effluent, chemical, oil or any other substance which is noxious, injurious or polluting;“trade effluent” means any liquid, either with or without particles of matter suspended in the liquid, which is the outflow from any trade, business or manufacture or of any works of engineering or building construction;“watercourse” includes a reservoir, lake, river, stream, canal, drain, spring or well or a part of the sea abutting on the foreshore and any other natural, artificial or subsurface body of water;“work place” means any premises or place used for any industrial, trade, commercial or manufacturing purposes and includes all construction sites, work sites and farms.

Amendment notes

[47/2004; 12/2011; 4/2016; 4/2021]

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

“air impurities” includes smoke, cinders, solid particles of any kind, gases, fumes, mists, odours and radioactive substances;

“air pollution” means the emission into the air of any air impurity;

“air pollution control equipment” includes

(a)

any apparatus for separating any air impurities from the gas or liquid medium in which they are carried;

(b)

any automatic device used for securing the more efficient operation of any fuel burning equipment;

(c)

any device to indicate or record air pollution or give warning of excessive air pollution; and(d)any other device used for the purposes of preventing or limiting air pollution;

“analysis” includes the taking of a sample or any test, measurement, calculation or examination made for the purpose of determining the characteristics of any matter or substance or the effects of any discharge, emission or deposit of trade effluent, air impurity or hazardous substance;

“analyst” means an analyst appointed or approved by the Director‑General;

“authorised officer” means any person appointed to be an authorised officer under section 3(2);

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

“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise;

“building works” has the meaning given by the Building Control Act 1989;

“chimney” includes a structure or opening of any kind from or through which air impurities may be emitted, and any reference to a chimney of or used in connection with any premises includes a reference to a chimney which serves the whole or a part of the premises though structurally separate from the premises;

“construction site” means any premises on or in which the construction, alteration or demolition of any building or structure is carried on and includes

(a)

“container” means

(a)

“dark smoke” means smoke which is ascertained by any method that may be prescribed to be dark smoke;

“day” means a period of 24 hours from midnight;

“Director-General” means the Director‑General of Environmental Protection appointed under section 3(1);

“drain” includes any watercourse or river;

“export”, with its grammatical variations and cognate expressions, means to take or cause to be taken out of Singapore by land, water or air and includes the placing of any substances, plant, equipment, machinery or any products in a vessel, conveyance or aircraft for the purposes of the substances, plant, equipment, machinery or any products being taken out of Singapore by water or air; but does not include the taking out of Singapore by water or air of any substances, plant, equipment, machinery or any products on the same vessel or aircraft on which they were brought into Singapore unless, after being brought into Singapore, the substances, plant, equipment, machinery or any products have been landed or transhipped within Singapore;

“fuel burning equipment” means any furnace, boiler, fire place, oven, retort, incinerator, internal combustion engine, vessel or chimney, or any other apparatus, device, mechanism or structure used or to be used in connection with the burning of any combustible material in, or in relation to, any industrial plant;

“hazardous substance” means any of the substances specified in the first column of Part I of the Second Schedule but does not include

(a)

“import”, with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore but does not include the bringing into Singapore by water or air of any substances, plant, equipment, machinery or any products which it is proved to be intended to be taken out of Singapore on the same vessel or aircraft on which they were brought into Singapore without any landing or transhipment within Singapore;

“industrial or trade premises” means premises used for any industrial or trade purposes or premises on which matter is burnt in connection with any industrial or trade process, and includes all scheduled premises and construction sites;

“industrial plant” means any plant or equipment used for the generation of power, or for any industrial use, or for the operation of vessels, aircraft, locomotives, cranes, internal combustion engines or other machines using any combustible material for their operation;

“industrial plant works” means any of the following works:

(a)

the erection or extension of an industrial plant;

(b)

the alteration or addition of an industrial plant;

(c)

the erection or extension of a plant for the treatment of trade effluent or toxic substances;

(d)

the provision, extension or alteration of any equipment to control pollution from an industrial plant;

“inland waters” means any river, stream, reservoir, lake or pond, whether natural or artificial;

“licensee” means any person licensed under this Act;

“motor vehicle” has the meaning given by the Road Traffic Act 1961;

“occupier”, in relation to

(a)

“owner”, in relation to

(a)

(b)

any premises where building works are carried out — includes the developer and the building contractor;

(c)

“pollution of the environment” means pollution of the environment due to the release (into any environmental medium) from any process of substances which are capable of causing harm to human or any other living organisms supported by the environment;

“practicable” means reasonably practicable having regard, among other things, to local conditions and circumstances and to the current state of technical knowledge, and “best practicable means” includes the provision and the efficient maintenance of a plant and the proper use thereof and the supervision, by or on behalf of the occupier, of any process or operation;

“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained under statutory authority or not;

“process” means any activity carried on in Singapore, whether on premises or by way of a plant which is designed to move or to be moved whether on roads or otherwise, which are capable of causing pollution to the environment;

“qualified person”, in relation to any industrial plant works mentioned in section 33, means an appropriate qualified person appointed under section 8 or 11 of the Building Control Act 1989 in respect of building works which include industrial plant works;

“registered inspector” means a person whose name is registered under section 34;

“road” has the meaning given by the Road Traffic Act 1961;

“road tanker” means a goods vehicle as defined in the Road Traffic Act 1961 which has a tank that is structurally attached to or is an integral part of the frame of the vehicle;

“sale” includes barter, exchange, import and export and also includes offering or attempting to sell, or causing or allowing to be sold, or exposing for sale or receiving or sending or delivering for sale; and the word “sell” is to be construed accordingly;

“scheduled premises” means any premises specified in the First Schedule;

“sewage” has the meaning given by the Sewerage and Drainage Act 1999;

“sewerage system” has the meaning given by the Sewerage and Drainage Act 1999;

“smoke” includes soot, ash, grit and gritty particles emitted in smoke;

“tank” means a container having a total internal capacity exceeding 250 litres for liquids and 500 litres for gases;

“tank container” means a tank with a total liquid capacity of 450 litres or more which is

(a)

“the environment” consists of all or any of the following media, namely, air, water and land;

“Town Council” has the meaning given by the Town Councils Act 1988;

“toxic substance” means any trade effluent, chemical, oil or any other substance which is noxious, injurious or polluting;

“trade effluent” means any liquid, either with or without particles of matter suspended in the liquid, which is the outflow from any trade, business or manufacture or of any works of engineering or building construction;

“watercourse” includes a reservoir, lake, river, stream, canal, drain, spring or well or a part of the sea abutting on the foreshore and any other natural, artificial or subsurface body of water;

“work place” means any premises or place used for any industrial, trade, commercial or manufacturing purposes and includes all construction sites, work sites and farms.

Amendment notes

[47/2004; 12/2011; 4/2016; 4/2021]

Part 2

ADMINISTRATION

Section 3

Appointment of Director-General and authorised officers

Amendment notes

[4/2016]

(1)

The Minister may, by notification in the Gazette, appoint any person to be the Director‑General of Environmental Protection who is to be responsible for the administration of this Act and any other written law, 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)

a member or an employee of any Town Council;

(e)

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

Amendment notes

[4/2016]

(3)

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 the Director‑General by this Act to any authorised officer, subject to such conditions or limitations as the Director‑General may specify.

Section 4

Public servants

Any authorised officer who is generally or specially authorised under section 3(2) to perform or exercise all or any of the functions, duties or powers which are imposed or conferred by this Act upon the Director‑General is deemed to be a public servant for the purposes of the Penal Code 1871.

Section 5

Protection from personal liability

Amendment notes

[12/2011]
[12/2011]

(1)

No liability shall lie against any authorised officer by reason of the fact that

(a)

any works are carried out in accordance with the provisions of this Act; or(b)such works or plans of the works are subject to inspection, approval or certification by the Director‑General or an authorised officer.

Amendment notes

[12/2011]

(2)

Nothing in this Act makes it obligatory for the Director‑General or any authorised officer to inspect any building or works or the site of any proposed works to ascertain whether the provisions of this Act are complied with or whether any plans, certificates, reports, notices or other documents submitted to him or her are accurate.

(3)

No matter or thing done by the Director‑General or by any authorised officer, if it were done with reasonable care and in good faith for the purpose of carrying out the provisions of this Act, subjects the Director‑General or any authorised officer personally to any liability whatsoever.

Amendment notes

[12/2011]

(4)

Where the Director-General or any authorised officer provides any information to any person in respect of any building or works by electronic or other means, neither the Agency, the Director‑General nor any authorised officer shall be liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature or howsoever caused, including any defect or breakdown in the equipment used for providing the information, if such error or omission is made in good faith and in the ordinary course of duties of the Director‑General or authorised officer.

Part 3

USE OF SCHEDULED PREMISES

Section 6

Written permission for use of scheduled premises

Amendment notes

[12/2011]
[12/2011]

(1)

A person must not occupy or use any scheduled premises specified in the First Schedule without a written permission granted by the Director‑General.

Amendment notes

[12/2011]

(2)

Any person who contravenes subsection (1) shall be guilty of an offence.

(3)

Any application for a written permission under this section must be made to the Director‑General giving details of the following:

(a)

the trade, industry or process proposed to be carried on in or on the premises;

(b)

the measures the applicant undertakes to adopt to control air, water and noise pollution from the premises;

(c)

the measures the applicant undertakes to adopt to manage hazardous substances and to treat and dispose of toxic substances originating from or stored within the premises.

Amendment notes

[12/2011]

Section 7

Power of Director-General to attach conditions to written permission

Amendment notes

[12/2011]
[12/2011]
[12/2011]

(1)

Without limiting section 32, the Director‑General may, in granting a written permission under section 6, impose conditions to ensure that pollution of the environment, as well as hazardous substances, are adequately managed and controlled, including but not limited to the following conditions:

(a)

requiring the owner or occupier

(i)

to install and operate an industrial plant, fuel burning equipment, control equipment or treatment plant in or on the scheduled premises;

(ii)

to repair, alter or replace any industrial plant, fuel burning equipment, control equipment or treatment plant installed in or on the scheduled premises;

(iii)

to erect or alter the height or dimension of any chimney through which air impurities may be emitted from the scheduled premises;

(iv)

to alter the method of operation or process used in or on the scheduled premises to prevent or reduce air, water or noise pollution or hazards;

(v)

to install and operate instruments and carry out tests and keep records of any tests and any method of operation or supervision that may be required;

(vi)

to use a specified type of fuel to prevent or reduce air pollution; or(vii)to carry out any of the requirements imposed on the owner or occupier under this paragraph within such period as may be specified;

(b)

prohibiting the owner or occupier from altering or replacing any control equipment or treatment plant installed in or on the scheduled premises except with the approval of the Director‑General;

(c)

prohibiting the owner or occupier from operating any fuel burning equipment or industrial plant installed or altered after the written permission has been granted unless the Director‑General has given approval to do so.

Amendment notes

[12/2011]

(2)

An owner or occupier of scheduled premises to whom any written permission is granted must comply with every condition imposed under subsection (1).

Amendment notes

[12/2011]

(3)

Any person who fails to comply with subsection (2) shall be guilty of an offence.

Amendment notes

[12/2011]

Section 8

Permit for certain works on scheduled premises

Amendment notes

[12/2011]
[12/2011]

(1)

The owner or occupier of any scheduled premises must not without a permit granted by the Director‑General

(a)

alter the method of operation of any trade or industrial process, fuel burning equipment, control equipment, treatment plant or industrial plant in or on the scheduled premises;

(b)

install, alter or replace any fuel burning equipment, control equipment, treatment plant or industrial plant in or on the scheduled premises;

(c)

erect or alter the height or dimension of any chimney through which air impurities may be emitted from the scheduled premises; or(d)use any fuel other than the type of fuel specified in writing by the Director‑General.

Amendment notes

[12/2011]

(2)

An application for a permit under subsection (1) must contain details of the proposed installation, alteration, replacement or erection.

(3)

Any person who contravenes subsection (1) shall be guilty of an offence.

Amendment notes

[12/2011]

Section 9

Change of owner or occupier

Amendment notes

[12/2011]
[12/2011]

(1)

Where there has been any change in the ownership or occupancy of any scheduled premises, the person who becomes the owner or occupier thereof must notify the Director‑General in writing of such change within 14 days from the date the person becomes the owner or occupier of those premises.

Amendment notes

[12/2011]

(2)

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 $5,000.

Amendment notes

[12/2011]

Part 4

The Director-General may, in respect of a specified period of time, by written notice require the owner or occupier of any industrial or trade premises to ensure that any air impurity exceeding a specified amount is not emitted during that period.

(5)

The Agency may, with the approval of the Minister, by regulations provide for the control or prohibition of the emission of air impurities from any other source.

Section 13

Power of Director-General to require work on any premises

Amendment notes

[12/2011]

(1)

Where, in the opinion of the Director‑General, any air impurities are being or are likely to be emitted from any industrial or trade premises, the Director‑General may by written notice require the owner or occupier of the premises

(a)

to install and operate any industrial plant, air pollution control equipment or additional air pollution control equipment, in or on the premises;

(b)

to repair, alter or replace any industrial plant, fuel burning equipment or air pollution control equipment installed in or on the premises;

(c)

to erect or alter the height or dimension of any chimney through which air impurities may be discharged from the premises;

(d)

to alter or cease the method of operation or process used in or on the premises to prevent, cease or reduce air pollution;

(e)

to use a specified type of fuel to prevent or reduce air pollution;

(f)

to dismantle or disconnect any industrial plant, fuel burning equipment, air pollution control equipment or chimney installed in or on the premises; or(g)to install and operate such instruments and carry out such tests and keep records thereof,within such time and in such manner as may be specified in the notice.

Amendment notes

[12/2011]

(2)

The owner or occupier of any industrial or trade premises to whom a written notice is given under this section must comply with all the requirements set out in the notice.

Section 14

Power to prohibit use of combustible materials, fuel burning equipment or industrial plants in designated areas

(1)

The Agency may, with the approval of the Minister, by order in the Gazette

(a)

prohibit or restrict the use of any or any class of combustible material, fuel burning equipment or industrial plant as may be specified in the order; or(b)prohibit or restrict the burning of any or any class of material as may be specified in the order,within such area or premises as may be designated and at such times as may be specified in the order.

(2)

Any occupier or owner of any premises or any other person who contravenes an order made under subsection (1) shall be guilty of an offence.

(3)

If, in any proceedings for a contravention or non‑compliance of an order made under subsection (1), it is shown that any combustible material, fuel burning equipment or industrial plant was found or that the burning of any material was carried out in or on any premises, it is presumed, until the contrary is proved, that

(a)

the combustible material, fuel burning equipment or industrial plant was used; or(b)the burning of any material was carried out,by the occupier of the premises, other than a principal contractor to which section 35 applies.

Part 5

WATER POLLUTION CONTROL

Section 15

Written permission for discharge of trade effluent, oil, chemical, sewage or other polluting matters

Amendment notes

[12/2011]
[12/2011]

(1)

Any person who discharges, or causes or permits to be discharged, any trade effluent, oil, chemical, sewage or other polluting matters into any drain or land, without a written permission from the Director‑General, shall be guilty of an offence.

Amendment notes

[12/2011]

(2)

Where any trade effluent, oil, chemical, sewage or other polluting matters has been discharged from any premises into any drain or land, it is presumed, until the contrary is proved, that the occupier of the premises, other than a principal contractor to which section 35 applies, had discharged, or caused or permitted to be discharged, the trade effluent, oil, chemical, sewage or other polluting matters in contravention of subsection (1).

(3)

Subject to subsection (4), any person who causes or suffers any trade effluent, oil, chemical, sewage or other polluting matters to enter or pass into any drain or land without a written permission from the Director‑General (whether wilfully or by accident) must immediately inform the Director‑General of such occurrence.

Amendment notes

[12/2011]

(4)

The requirements in subsection (3) may be waived by the Director‑General in any case where the amount of trade effluent, oil, chemical, sewage or other polluting matters is, in the opinion of the Director‑General, not of a substantial nature.

(5)

Any person who fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(6)

This section does not apply to the discharge of a toxic substance or hazardous substance to which section 17 applies.

Section 16

Plant for treatment of trade effluent

Amendment notes

[12/2011]

(1)

The occupier of any premises must treat any trade effluent discharged from the premises in the manner that may be prescribed before the trade effluent is discharged into any drain or land pursuant to a written permission granted under section 15.

Amendment notes

[12/2011]

(2)

A person using, working or operating any plant for the purpose of treating any trade effluent must use, work or operate and maintain the plant in the manner that the Director‑General may require.

(3)

Any person who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable

(a)

on the first conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and(b)on a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.

Section 17

Penalties for discharging toxic substances or hazardous substances into inland waters

(1)

Any person who discharges, or causes or permits to be discharged, any toxic substance or hazardous substance into any inland water so as to be likely to cause pollution of the environment shall be guilty of an offence and shall

(a)

be liable on the first conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; and(b)be punished on a second or subsequent conviction with both imprisonment for a term of not less than one month and not more than 12 months and a fine not exceeding $100,000.

(2)

Where a person carrying on any trade or business has been convicted of a second or subsequent offence under subsection (1)(b) for the discharge of, or for causing or permitting the discharge of, any toxic substance or hazardous substance which is produced by any process or work in connection with that trade or business, the Agency may, by written order, direct that person to immediately cease carrying on that process or work either indefinitely or for the period that may be specified in the order.

(3)

Any person who fails to comply with an order made under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.

(4)

If any person fails to comply with an order made under subsection (2), the Director‑General may take any step or measure that is necessary to ensure that the order is complied with and the reasonable costs and expenses incurred by the Director‑General in taking such step or measure are recoverable from the person in default as a debt due to the Agency.

(5)

For the purposes of this section

(a)

a person is deemed to have discharged a toxic substance or hazardous substance into any inland water if the person places the substance or causes it to be placed in a position where it is liable to fall or descend or be washed or to percolate or be blown into the water;

(b)

the discharge of a toxic substance or hazardous substance is deemed to cause pollution of the environment if the substance has been discharged or placed in such a manner or in such quantity (whether by itself or with any other substance) as to subject persons or animals to a material risk of death, injury or impairment of health or as to threaten to pollute (whether on the surface or underground) any inland water;

(c)

the fact that the toxic substance or hazardous substance is placed in containers is not of itself taken to exclude any pollution of the environment which might be expected to be caused if the substance were not in containers; and(d)where the toxic substance or hazardous substance has been discharged from any premises into any inland water, it is presumed, until the contrary is proved, that the occupier of the premises, other than a principal contractor to which section 35 applies, had discharged, or caused or permitted to be discharged, the toxic substance or hazardous substance in contravention of subsection (1).

(6)

No prosecution may be instituted under this section without the written consent of the Public Prosecutor.

Section 18

Power of Director-General to require the removal and cleaning up of toxic substance or trade effluent, oil, chemical, sewage, hazardous substance or other polluting matters

(1)

The Director-General may, by written notice, require any person who has discharged or caused or permitted to be discharged or spilled any toxic substance, trade effluent, oil, chemical, sewage, hazardous substance or polluting matters onto any land or into any drain or the sea, to remove and clean up such toxic substance, trade effluent, oil, chemical, sewage, hazardous substance or polluting matters within a specified time to be fixed by the Director‑General as he or she considers fit.

(2)

Any person who fails to comply with a notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

Section 19

Power of Director-General to require measures to be taken to prevent water pollution due to storage or transportation of toxic substances or any other polluting matters

(1)

The Director-General may, by written notice, require any person who effects, permits or carries out any activity related to the storage or transportation of a toxic substance or any other polluting matters

(a)

to use a method of storage, operation or process to prevent water pollution;

(b)

to construct or install spill containment facilities;

(c)

to use containers, tanks, tank containers or road tankers that are constructed to meet stipulated standards and with approved materials;

(d)

to install and operate equipment to prevent any leakage or discharge from containers, tanks, tank containers or road tankers;

(e)

to install and operate pollution monitoring equipment to prevent and detect any leakage or discharge;

(f)

to carry out specific tests on equipment, tanks or any other related facilities and to submit the results of these tests;

(g)

to prepare and submit contingency plan for events of accidental discharge or spillage of oil, chemicals, trade effluent or other polluting matters; and(h)to carry out any works as required by the Director‑General that are necessary to prevent water pollution.

(2)

Any person who fails to comply with any requirement in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.

Part 6

LAND POLLUTION CONTROL

Section 20

Pollution of land

The Agency may, with the approval of the Minister, make regulations to control the pollution of land whereby the condition of the land is so changed as to make or be likely to make the land or the produce of the land obnoxious, noxious or poisonous.

Amendment notes

[4/2002]

Part 7

HAZARDOUS SUBSTANCES CONTROL

Section 21

Application of this Part to hazardous substances

This Part applies to the hazardous substances specified in the first column of Part I of the Second Schedule except where

(a)

they fall within the exclusion specified in the second column of that Part corresponding to those substances; or(b)they are contained in any substance, preparation or product specified in Part II of that Schedule.

Section 22

General prohibition with respect to importation, manufacture and sale of hazardous substances

Amendment notes

[12/2011]
[12/2011]
[12/2011]

(1)

A person must not import, manufacture, possess for sale, sell or offer for sale any hazardous substance unless the person holds a licence granted by the Director‑General for that purpose.

Amendment notes

[12/2011]

(2)

Every licence granted to any person under this section is not transferable to any other person and no licence may authorise the import, manufacture, possession for sale, sale or offer for sale of any hazardous substance by any individual other than the individual named in the licence.

Amendment notes

[12/2011]

(3)

Any person who contravenes subsection (1) shall be guilty of an offence.

Amendment notes

[12/2011]

Section 23

Prohibitions and regulations with respect to importation, manufacture and sale of hazardous substances

Amendment notes

[12/2011]

(1)

A person must not import, manufacture, possess for sale, sell or offer for sale any hazardous substance unless

(a)

the importation, manufacture, possession for sale, sale or offer for sale is effected in accordance with the provisions of the licence and with any condition specified in the licence;

(b)

the sale is effected by or under the personal supervision of the person named in the licence; and(c)proper records of the sale as required by the Director‑General are kept.

Amendment notes

[12/2011]

(2)

A person must not possess for sale, sell or offer for sale any hazardous substance unless the container of the hazardous substance is labelled in the manner prescribed in regulations made by the Agency, with the approval of the Minister.

(3)

Any person who contravenes subsection (1) or (2) shall be guilty of an offence.

Section 24

Storage, use and dealing of hazardous substances

(1)

Every person storing, using or otherwise dealing with any hazardous substance and every agent, servant or employee of such person must do so in such a manner as not to threaten the health or safety of any person, or to cause pollution of the environment.

(2)

In any proceedings under this section, if any person is proved to have kept or had in the person’s possession or under the person’s control any hazardous substance, the person is presumed, until the contrary is proved, to have done so knowingly.

(3)

Any person who contravenes subsection (1) shall be guilty of an offence.

Section 25

Power of Director-General to require removal of hazardous substances from premises

Amendment notes

[12/2011]
[12/2011]

(1)

If, in the opinion of the Director‑General, any of the following items used, stored or kept in any premises is likely to threaten the health or safety of any person or to cause pollution of the environment, he or she may, by written notice, require the owner or occupier of any premises to remove the item to a disposal facility:

(a)

any hazardous substance;

(b)

any material contaminated with a hazardous substance;

(c)

any equipment, device or pipeline contaminated with a hazardous substance.

Amendment notes

[12/2011]

(2)

The Director-General may, by written notice, require the owner or occupier upon whom a notice has been served under subsection (1) to furnish evidence that the item mentioned in the notice has been disposed of at a disposal facility in accordance with the notice.

Amendment notes

[12/2011]

(3)

Any person who fails to comply with a notice made under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

Section 26

Power to require owner or occupier of hazardous installations to carry out impact analysis studies

(1)

The Director-General may, by written notice served on the owner or occupier of any installation, whether fixed or mobile, which is used or intended to be used to carry out activities involving the storage, handling and use of hazardous substances, require the owner or occupier to carry out

(a)

identification of all possible potential hazards that may threaten the health or safety of any person, or cause pollution of the environment;

(b)

estimation of the frequency or probability of occurrence of the potential hazards identified under paragraph (a);

(c)

quantification of the consequences and risk levels of the potential hazards identified under paragraph (a);

(d)

evaluation of the effects of potential fires or other disasters including the potential for release of toxic materials or toxic combustion products and the potential for release of contaminated firefighting water into the environment; and(e)identification of all necessary preventive measures to avoid and control the potential hazards identified under paragraph (a) and formulation of a programme to implement the measures.

(2)

The Director-General may, by written notice, require the owner or occupier

(a)

to conduct a review and evaluation of any existing measures for the prevention, reduction or control of any potential hazard that may endanger public health or cause pollution of the environment for the purpose of ascertaining whether the measures are sufficient or effective;

(b)

to submit for the Director-General’s approval, within the time that may be specified by the Director‑General, a proposal for the implementation of any new or additional measures to prevent, reduce or control any potential hazard that may endanger public health or cause pollution of the environment; and(c)to implement any new or additional measures to prevent, reduce or control any potential hazard that may endanger public health or cause pollution of the environment that the Director‑General may approve or specify.

(3)

The review and evaluation mentioned in subsection (2)(a) must be conducted in the manner that the Director‑General may, by written notice, require and the Director‑General may issue guidelines for this purpose.

(4)

The Director-General may, by written notice, if he or she considers it necessary

(a)

require any modification or addition to be made to the measures proposed by the owner or occupier under subsection (2)(b); or(b)require the owner or occupier to conduct a further review and evaluation.

(5)

Any person who fails to comply with any notice made under subsection (1), (2) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.

Section 27

Penalty for offences involving hazardous substances

Any person who is guilty of an offence under this Part, for which no penalty is expressly provided, shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.

Part 8

NOISE CONTROL

Section 28

Control of noise from construction of building and other works

(1)

Where it appears to the Director-General that works of the following description, that is to say

(a)

the erection, construction, alteration, repair or maintenance of buildings, structures or roads;

(b)

the breaking up, opening or boring under any road or adjacent land in connection with the construction, inspection, maintenance or removal of works;

(c)

piling, demolition or dredging works; or(d)any other work of engineering construction,are being, or are going to be carried out on any premises, the Director‑General may, by written notice, impose requirements as to the way in which the works are to be carried out on the person who appears to be carrying out, or going to carry out the works or on any other person appearing to the Director‑General to be responsible for or to have control over the carrying out of the works.

(2)

The notice may, in particular, specify

(a)

the plant or machinery which is, or is not, to be used;

(b)

the hours during which the works may be carried out; and(c)the level of noise or vibration which may be emitted from the premises mentioned in subsection (1) or at any specified part of those premises or which may be so emitted during specified hours.

(3)

Where a person who has been served a notice under subsection (1)

(a)

fails to comply with any requirement contained in the notice; or(b)contravenes any regulations in relation to noise emitted from the premises mentioned in subsection (1),the Director-General may, by written notice, order the person to stop any work carried out in the premises mentioned in subsection (1) until the time that the notice is revoked or until the time that the requirements imposed by the Director‑General have been complied with.

(4)

Any person who fails to comply with a notice issued under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for every day during which the notice is not complied with or to imprisonment for a term not exceeding 3 months or to both.

Section 29

Control of noise from work place

(1)

The Director-General may, by written notice served on the owner or occupier of any work place, prohibit the owner or occupier from causing, permitting or allowing

(a)

any specified activity to be carried out in or on those premises; or(b)any specified plant to be used or operated in or on those premises,in a manner that causes the emission from those premises of noise that, when measured at any specified point (whether within or outside those premises), exceeds the specified level.

(2)

Where the Director-General is satisfied that any noise is being or is likely to be emitted from any work place, the Director‑General may, by a written noise control notice served on the owner or occupier, require the owner or occupier

(a)

to install, alter, maintain or operate any noise control equipment specified in the notice in or on those premises;

(b)

to repair, alter or replace any noise control equipment in or on those premises;

(c)

to erect a noise barrier in or on those premises;

(d)

to install a specified type of plant, where the Director‑General is satisfied that the use of that plant will result in the prevention or reduction of the emission of noise from those premises; or(e)to carry out repairs or adjustments to a specified plant where the Director‑General is satisfied that the carrying out of those repairs or adjustments will result in the prevention or reduction of the emission of noise from those premises,within the time and in the manner specified in the notice.

(3)

The Director-General may, by written notice served on the owner or occupier of any work place, require the owner or occupier to operate, in accordance with any directions contained in the notice, any noise control equipment in or on those premises.

(4)

Where a person who has been served a notice under subsection (1), (2) or (3)

(a)

fails to comply with any requirement contained in the notice; or(b)contravenes any regulations in relation to noise emitted from any work place,the Director-General may, by written notice, order that person to stop any work or activity carried out in the work place until the notice is revoked or until the time when the requirements imposed by the Director‑General have been complied with.

(5)

Any person who fails to comply with a notice issued under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for every day during which the notice is not complied with or to imprisonment for a term not exceeding 3 months or to both.

(6)

In this section, “plant” means any plant, equipment, apparatus, device, machine or mechanism.

Section 30

Director-General to have regard to certain provisions

In acting under section 28 or 29, the Director‑General must have regard

(a)

to the relevant provisions of any code of practice published or mentioned in the regulations;

(b)

before specifying any particular methods or plant or machinery, to the desirability in the interests of any recipient of the notice in question of specifying other methods or plant or machinery which would be substantially as effective in minimising noise and would be more acceptable to that recipient; or(c)to the need to protect any person in the locality in which the premises or work place in question are situated from the effects of noise.

Part 9

LICENCES AND INDUSTRIAL PLANT WORKS

Section 31

Single licence

(1)

Where a person is required by virtue of the provisions of this Act to obtain more than one licence, the person may apply to the Director‑General for a single licence to carry out the activities specified in the person’s application and the Director‑General may, if he or she thinks fit, grant or refuse to grant the single licence.

(2)

If the holder of the licence is in breach of any restriction or condition subject to which it was granted or is in contravention of any of the provisions of this Act that may affect the licence, the Director‑General may instead of suspending, cancelling or revoking the single licence under section 32(2)

(a)

prohibit the licensee from carrying out one or more activities specified in the single licence; or(b)modify any condition subject to which the licence was granted.

Section 32

General provisions on licences

(1)

The grant or renewal of any licence is at the discretion of the Director‑General.

(2)

Any licence may be

(a)

granted, renewed or refused without giving any reason;

(b)

granted or renewed subject to any restrictions and conditions that the Director‑General thinks fit; or(c)suspended, cancelled or revoked at any time without compensation and without notice by the Director‑General upon breach of any restriction or condition subject to which it was granted or to any contravention of such of the provisions of this Act that may affect the licence.

(3)

The Director-General may amend or delete any of the conditions imposed on any licence or impose additional conditions without giving any reasons and at any time during the validity period of the licence.

(4)

An application for a licence must be made in such form and contain such particulars and information as the Director‑General may determine.

(5)

The Director-General may require any applicant for a licence to furnish any information and evidence that he or she may reasonably require for a full and proper consideration of the application and, in the event of a refusal to furnish the information, must refuse to grant or renew the licence.

(6)

Any person who wilfully furnishes any false information in any application for a licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and any licence granted is void and of no effect.

(7)

Subject to the provisions of this Act, any licence may be for any period that the Director‑General thinks fit.

(8)

There is to be charged in respect of any application for the grant, amendment or renewal of any licence, a fee (if any) that may be prescribed by the Agency, with the approval of the Minister.

(9)

Where a licence is granted or renewed for a period of less than 12 months, the Director‑General may charge a proportionate fee therefor; and in so charging any part of a month is reckoned as one month.

(10)

A licensee is not entitled to a refund of any fee paid by the licensee in respect of any licence.

(11)

A person must not in any manner transfer any licence or permit any licence to be used by any other person without the written approval of the Director‑General.

(12)

Subject to the provisions of this Act, any person aggrieved by the refusal by the Director‑General to grant, amend or renew a licence or by the suspension or revocation by the Director‑General of any licence may, within 14 days of the refusal, suspension or revocation, appeal to the Minister whose decision is final.

(13)

In this section, “licence” includes any approval, permit, permission, authority or authorisation which may be granted or renewed by the Director‑General under this Act.

Section 33

Certificates required for industrial plant works

Amendment notes

[12/2011]
[24/2017]
[24/2017]

(1)

A person must not start or carry out, or cause or permit the carrying out of any industrial plant works without the Director‑General certifying that the plans of the industrial plant works comply with any requirements that he or she may specify for the purposes of this Act (called in this section a clearance certificate).

(2)

Any person who contravenes subsection (1) shall be guilty of an offence.

Amendment notes

[12/2011]

(3)

Every application under this section must be made by a qualified person or any approved person in the form and manner that the Director‑General may require.

(4)

There is to be charged, for the processing of every application under this section, the fees that may be prescribed by the Agency, with the approval of the Minister.

(5)

Every applicant under this section must submit to any filing authority that the Director‑General may designate, in the form and manner that the Director‑General may determine, plans of the industrial plant works to which the application relates showing the details or specifications that the Director‑General may require.

(6)

Where any industrial plant works constitute a new venture under section 26A of the Energy Conservation Act 2012, an applicant must not be issued with a clearance certificate under subsection (1) for the new venture if the applicant has not submitted to the Director‑General for the Director‑General’s approval a report for the new venture (if that approval is required) under that section of the Energy Conservation Act 2012.

Amendment notes

[24/2017]

(7)

Despite subsection (6) and without affecting subsection (8) or (9), the Director‑General may issue the applicant with a clearance certificate subject to the condition that the applicant must submit the report mentioned in subsection (6) to the Director‑General for the Director‑General’s approval within the period that the Director‑General may specify.

Amendment notes

[24/2017]

(8)

The Director-General may, before issuing a clearance certificate under subsection (1), give a written direction to the applicant to comply, within the period that may be specified in the direction, with the requirements that he or she may specify for the purposes of this Act.

(9)

In issuing any clearance certificate under subsection (1), the Director‑General may impose any conditions that he or she thinks fit.

(10)

Any person for whom any industrial plant works, in respect of which a clearance certificate has been issued under subsection (1), had been carried out and completed must apply to the Director‑General for a further certificate that the industrial plant works have been completed in accordance with the plans submitted under subsection (5) and the conditions imposed by the Director‑General under subsection (9) (called in this section a compliance certificate).

(11)

The Director-General may, on an application under subsection (10), require the appointed qualified person or a registered inspector appointed by that person to inspect the completed industrial plant works and submit a report stating whether the industrial plant works have been completed in accordance with the plans and the conditions imposed by the Director‑General.

(12)

The Director-General may, after considering the report submitted under subsection (11)

(a)

issue, subject to any conditions that the Director‑General thinks fit, a compliance certificate that the industrial plant works have been completed in accordance with the plans submitted under subsection (5) and the conditions imposed by the Director‑General under subsection (9); or(b)give a written direction to the applicant to comply within the period that may be specified in the direction, with the requirements that the Director‑General may specify for the purposes of this Act.

(13)

If the person to whom any written direction is given under subsection (12)(b) fails to comply with the requirements specified in the direction within the time specified in the direction, the application under subsection (10) is deemed to be withdrawn.

Section 34

Registration, appointment and duties of registered inspectors

(1)

The Director-General must keep and maintain a register in which must be entered the names and prescribed particulars of all persons registered under this section as registered inspectors.

(2)

The Agency may, with the approval of the Minister, by regulations provide for

(a)

the manner and form in which the register is to be kept and open for inspection;

(b)

the manner of making applications by persons to be registered inspectors;

(c)

the qualifications of registered inspectors and their appointment;

(d)

the duties and responsibilities of registered inspectors; and(e)the circumstances in which the registration may be cancelled.

Part 10

ENVIRONMENTAL POLLUTION CONTROL MEASURES

Section 35

Principal contractor to prevent pollution from construction site

(1)

A principal contractor of a construction site who has control of the construction site must not permit any person to commit an offence specified under section 14, 15 or 17 (called in this section the offence).

(2)

Where there is a contravention of section 14, 15 or 17 at any construction site, it is presumed, until the contrary is proved, that the principal contractor of the construction site

(a)

had control of the construction site;

(b)

had knowledge of the commission of the offence at the construction site; and(c)had permitted the commission of the offence at the construction site.

(3)

The presumptions provided for in subsection (2)(b) and (c) are not rebutted unless the defendant proves that the defendant had exercised due diligence to prevent the commission of the offence at the construction site.

(4)

For the purposes of subsection (3), a defendant is not to be presumed to have exercised due diligence unless the defendant had taken all reasonable measures to prevent the offence from being committed at the construction site, including all the measures prescribed under subsection (5) in respect of the construction site.

(5)

For the purposes of subsection (4), the Agency may, with the approval of the Minister, by notification in the Gazette, prescribe the measures that the principal contractor of the construction site is required to take.

(6)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to the same punishment for an offence under section 14, 15 or 17, as the case may be.

(7)

In this section, “principal contractor” means a person who has entered into a contract with an owner, a developer or a lessee of a property or agent of the owner, developer or lessee for the purpose of carrying out any construction works on the property.

Section 36

Study on pollution control

(1)

The Director-General may, by written notice, require any person intending to carry out any activity that, in the opinion of the Director‑General, is likely to cause substantial pollution of the environment or increase the level of such pollution

(a)

to carry out a study on environmental pollution control and related matters;

(b)

Without limiting subsection (1), the regulations may provide for

(a)

the terms and conditions including any minimum limit of indemnity of any policy of insurance required to be taken out or maintained under subsection (1);

(b)

the form of the certificate of insurance; and(c)the different terms and conditions in different circumstances.

Section 39

Power to prohibit work and processes in certain circumstances

Amendment notes

[40/2019]
[40/2019]

(1)

Where the Agency has reason to believe that the emission of air impurities, the discharge of trade effluent or the emission or discharge of any hazardous substance or toxic substance from any premises is likely to cause pollution of the environment or be injurious to public health or safety, the Agency may by order direct the owner or occupier of the premises

(a)

to cease immediately the carrying on of any trade or industrial process, or operation of any fuel burning equipment or industrial plant, in or on the premises which produces the air impurities, trade effluent, hazardous substance or toxic substance in or for the period that may be specified in the order;

(b)

to cease immediately the emission of air impurities, discharge of trade effluent, emission or discharge of hazardous substance or toxic substance into the atmosphere or any land, drain or inland waters; or(c)to take steps that may be specified in the order to collect, store and treat the trade effluent, hazardous substance or toxic substance either indefinitely or until the steps specified in the order have been taken and to treat the trade effluent, hazardous substance or toxic substance before it is discharged into any public sewerage system, drain or inland waters.

(2)

The owner or occupier of any premises who fails to comply with an order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.

(3)

Where the owner or occupier of any premises has failed to comply with an order made under subsection (1), the Director‑General may, at all reasonable times, enter upon the premises and take such measures and execute such work as may be necessary to comply with the order.

(4)

Any person who is aggrieved by an order made under subsection (1) may, within 30 days from the date of the order, appeal to the General Division of the High Court which may rescind or vary the order.

Amendment notes

[40/2019]

(5)

Even though an appeal has been made under subsection (4), an aggrieved person must comply with the order pending the outcome of the appeal to the General Division of the High Court and the Director‑General may exercise the powers conferred under subsection (3).

Amendment notes

[40/2019]

Section 40

Advisory and technical committees

(1)

The Agency may, from time to time, appoint any advisory or technical committees that the Agency thinks necessary for any of the purposes of this Act.

(2)

The composition of such committees and the terms of appointment of the members are to be determined by the Agency.

Part 11

ENFORCEMENT

Section 41

Default in compliance with notice or order

(1)

Where a person on whom a notice or order under this Act is served fails to comply with the notice or order within the time specified in the notice or order

(a)

the person shall, unless the person satisfies the court that the person has used all due diligence to comply with the notice or order, be guilty of an offence and shall, where no penalty is provided for such default, be liable on conviction to a fine not exceeding $20,000; and(b)the Director-General or any authorised officer may enter the premises under section 47 and execute the works specified in the notice or order.

(2)

Any expenses reasonably incurred by the Director‑General under subsection (1)(b) may be recovered from the person in default, and section 51 and, if that person is the owner of the premises, section 53 apply in respect of those expenses.

(3)

Nothing in this section is to be construed as prohibiting the Director‑General from carrying out any works specified in the notice or order at the request of a person who has been served with the notice or order upon an undertaking by that person to pay the costs and expenses in executing the works.

Section 42

Appeal against notice or order

(1)

Where a person on whom a notice or order mentioned in section 41(1) is served is aggrieved by the notice or order

(a)

the person may, within 14 days from the date the notice or order is served and in the prescribed form and manner, appeal to the Minister; and(b)no liability to a fine under section 41(1)(a) arises nor, except as provided for in this section, may any proceedings be taken or work done under the notice or order until after the appeal is determined or abandoned.

(2)

Where an appeal is brought under this section, the Minister may dismiss or allow the appeal unconditionally or subject to any conditions that the Minister considers fit, and any decision the Minister makes on the appeal is final.

(3)

Where an appeal has been brought under this section, and the Minister is of the opinion that

(a)

the non-execution of the notice or order will be injurious or dangerous to public health; and(b)the immediate execution of the notice or order will not cause any injury to the person against whom the notice or order was made which cannot be compensated by damages,the Minister may authorise the Director‑General immediately to execute the work.

(4)

The Director-General must, if he or she carries out the work and the appeal is successful, pay the costs and expenses of the work and any damages sustained by the appellant by reason of the work.

(5)

The Director-General may, if he or she carries out the work and the appeal is dismissed or abandoned, recover the costs and expenses of the work from the appellant, and section 51 and, if the appellant is the owner of the premises in respect of which the notice or order was made, section 53 apply to any sum recoverable from the appellant under this section.

Section 43

Power to demand names and addresses

(1)

The Director-General or any authorised officer may require any owner or occupier of any premises or any principal contractor mentioned in section 35 to

(a)

give his or her name and address and any other proof of identity; and(b)furnish any other particulars,that the Director-General or authorised officer may require for the purposes of this Act.

(2)

Any person who, upon being required by the Director‑General or any authorised officer to give his or her name and address or other proof of identity or to furnish any particulars under subsection (1)

(a)

refuses to do so;

(b)

wilfully misstates his or her name and address or proof of identity; or(c)furnishes false particulars,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(3)

The Director-General may, by written notice, require any person to furnish any other information that may be necessary for the purposes of this Act.

(4)

Any person who fails without reasonable excuse to comply with any requirement of subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Section 44

Powers of Director-General to examine and secure attendance

(1)

The Director-General or any authorised officer may

(a)

examine orally any person supposed to be acquainted with the facts and circumstances of matters under this Act, and reduce to writing any statement made by the person so examined; and(b)require by written order the attendance before himself or herself of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Act, and that person must attend as so required.

(2)

The person mentioned in subsection (1)(a) is bound to state truly the facts and circumstances with which he or she is acquainted concerning matters under this Act, except only that he or she may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose him or her to a criminal charge, penalty or forfeiture.

(3)

A statement made under this section by any person must be read over to the person and must after correction (if necessary) be signed by the person.

(4)

If any person fails to attend as required by an order under subsection (1)(b), the Director‑General may report the failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order.

Section 44A

Power to obtain information

Amendment notes

[12/2011]
[12/2011]
[12/2011]
[12/2011]
[12/2011]
[12/2011]
[12/2011]

(1)

The Director-General or an authorised officer may by written notice require any licensee or other person to furnish, within a reasonable period specified in the notice, and in the form and manner that may be specified in the notice, all documents and information relating to any matter which the Agency considers necessary to carry out the functions or duties of or assigned to the Agency by or under any provision of this Act, which are within the knowledge of that person or in that person’s custody or under that person’s control.

Amendment notes

[12/2011]

(2)

The power to require a person to furnish any document or information under subsection (1) includes the power

(a)

to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information;

(b)

if the document or information is not furnished, to require that person to state, to the best of that person’s knowledge and belief, where it is; and(c)if the information is recorded otherwise than in legible form, to require the information to be made available to the Agency in legible form.

Amendment notes

[12/2011]

(3)

Any person who, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amendment notes

[12/2011]

(4)

Any person who

(a)

intentionally alters, suppresses or destroys any document or information which the person has been required by a notice under subsection (1) to furnish; or(b)in furnishing any document or information required under subsection (1), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement,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.

Amendment notes

[12/2011]

(5)

If any person fails to comply with a notice under subsection (1), the court may, on the application of the Agency, make any order that the court thinks fit to secure compliance with the notice and the order may provide that all the costs or expenses of and incidental to the application must be borne by the person or by any officer of a company or other association who is responsible for the failure.

Amendment notes

[12/2011]

(6)

Where a notice under subsection (1) is issued in connection with investigations into a suspected offence under this Act, the Agency through an authorised officer may, at any time after the expiry of the period specified in the notice, enter any building or place where the Agency has reason to believe that any document or information, in respect of which it has given the notice, may be found, and seize or take extracts or copies of that document or information.

Amendment notes

[12/2011]

(7)

The Agency is entitled without payment to keep any document or information, or any copy or extract thereof, furnished to it under subsection (1) or obtained under subsection (6).

Amendment notes

[12/2011]

Section 45

Powers of arrest

(1)

The Director-General, an authorised officer or a police officer may arrest any person whom the Director‑General or officer has reason to believe has committed an offence under this Act, if the name and address of the person are unknown to him or her and

(a)

the person declines to give his or her name and address; or(b)there is reason to doubt the accuracy of the name and address, if given.

(2)

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

(3)

No person so arrested may be detained longer than is necessary for bringing him or her before a court.

Section 46

Director-General may act in cases of emergency

Amendment notes

[12/2011]
[12/2011]

(1)

Where the Director-General considers it necessary in the case of an emergency, he or she may direct the immediate execution of any work or the doing of any act being any work or act authorised under this Act which is in his or her opinion necessary to prevent injury or danger to public health or serious pollution of the environment.

Amendment notes

[12/2011]

(2)

Any expenses reasonably incurred by the Director‑General under subsection (1) may be recovered from the person whose act or omission resulted in the emergency or the owner of the premises where the emergency originated, and section 51 and, if that person is the owner of the premises, section 53 apply in respect of those expenses.

Amendment notes

[12/2011]

Section 47

Power of entry

(1)

The Director-General or any authorised officer may, for the purposes of this Act, enter at all reasonable hours in the daytime any premises with any assistants and workmen that are necessary for the purpose of making any survey, inspection or investigation and executing any work authorised by this Act.

(2)

Unless the consent of the occupier has been obtained therefor, a person must not enter into any dwelling house in actual occupation under this section without 6 hours’ previous notice to the occupier.

(3)

For the purposes of this section, the Agency may, with the approval of the Minister, declare that any class of premises is liable to night inspection.

(4)

The Director-General or any authorised officer, with any assistants and workmen that are necessary, may, at any time of the day or night and without notice, enter using such force as may be necessary and search or inspect any premises of the class specified in the declaration mentioned in subsection (3).

Section 48

Power to enter on land adjacent to works

(1)

The Director-General or any authorised officer, with such assistants and workmen as are necessary, may enter upon any land, adjoining or being within 100 metres of any works by this Act authorised to be executed

(a)

for the purpose of depositing upon that land any soil, gravel, sand, lime, brick, stone or other materials; or(b)for any other purposes connected with the formation of those works,without making any previous payment, tender or deposit and doing as little damage as may be in the exercise of the powers under this subsection.

(2)

The Director-General must compensate

(a)

the owner and the occupier for any temporary occupation or temporary damage of the land from time to time and as often as the temporary occupation is taken or the temporary damage done; and(b)the owner for the permanent injury (if any) to the land.

(3)

Before the Director-General makes any use of any land under subsection (1), he or she must give 7 days’ notice of his or her intention to the owner and the occupier of the land.

Section 49

Penalty for obstructing Director-General in his or her duty

Any person who at any time

(a)

hinders or obstructs the Director‑General or any authorised officer in the performance or execution of his or her duty or of any thing which he or she is empowered or required to do under this Act;

(b)

interferes with any work authorised to be executed under this Act; or(c)fails to facilitate by all reasonable means the entry and inspection of any premises by the Director‑General or any authorised officer or the examination of any equipment, industrial plant, container or the making of any tests which the Director‑General or any authorised officer is empowered under this Act to make,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 months or to both.

Section 50

Powers of search and seizure

If the Director-General has reason to believe that any hazardous substance or toxic substance is being kept, stored, processed, treated, discharged or deposited, or air impurities are being emitted, or any hazardous substance or toxic substance or trade effluent is being discharged without his or her consent, the Director‑General or any authorised officer may

(a)

search the premises and take possession of any substance found in the premises and reasonably believed to be or contain hazardous substances;

(b)

require the production of records, certificates, notices and documents relating or reasonably believed to relate to any dealing in or with hazardous substances or toxic substances, emission of air impurities or discharge of trade effluent or toxic substance wherever and by whomsoever kept and whether kept under the provisions of this Act or otherwise and take extracts therefrom;

(c)

take samples of any materials whether solid, liquid, gaseous or vapour found in the premises;

(d)

seal the samples and require the owner of the materials to send the samples to an analyst for analysis and bear any costs and expenses arising therefrom;

(e)

require the owner or analyst to submit the results of the analysis to the Director‑General;

(f)

take such photographs as he or she thinks necessary for the purposes of this Act; and(g)require any person whom he or she finds in the premises to produce his or her identity card or other identification papers for inspection for the purpose of an investigation or inquiry under this Act.

Section 50A

Power to examine motor vehicles

Amendment notes

[12/2011]
[12/2011]

(1)

Where the Director-General or any authorised officer has reason to suspect that an offence under this Act or the regulations made under this Act has been committed in connection with the use of a motor vehicle, the Director‑General or authorised officer may

(a)

examine the motor vehicle;

(b)

require the owner or driver of the motor vehicle to provide his or her name and address and such other proof of identity; and(c)order the owner or driver of the motor vehicle to produce the same for an examination of vehicle emissions at any time and place that may be specified.

Amendment notes

[12/2011]

(2)

Any person who without reasonable excuse fails to comply with any requirement under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amendment notes

[12/2011]

Part 12

COMPENSATION, DAMAGES, FEES, COSTS AND EXPENSES

Section 51

Compensation, damages, fees, costs and expenses to be determined by Magistrate’s Court or District Court

Amendment notes

[40/2019]

(1)

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

(2)

In any proceedings under subsection (1), the Magistrate’s Court or the District Court may

(a)

inquire whether those expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings;

(b)

make any order concerning the expenses or their apportionment that appears to the Court to be just; and(c)where those expenses were incurred under section 41(1)(b) by the Director‑General in carrying out any works specified in a notice, inquire whether any requirement specified in the notice was reasonable.

(3)

The Magistrate’s Court or the District Court is not to order the expenses or any part of the expenses to be borne by any person other than the defendant in the proceedings unless the Court is satisfied that the other person has had due notice of the proceedings and an opportunity of being heard.

(4)

If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay it within 7 days after demand, that amount may be reported to a Magistrate’s Court or a District Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court or a District Court.

(5)

An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or 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 51A

Fees, etc., payable to Agency

Upon default in payment of any instalment or interest upon the date appointed for payment thereof by the arrangement, the whole of the balance then outstanding of that amount, together with any interest in arrears, immediately become due and payable and, despite any change in the ownership or occupation of the premises since the date of the arrangement, may be recovered as provided in section 53.

Section 55

Proceedings for recovery of arrears

(1)

For the recovery of arrears, the Director‑General has and may exercise, either successively or concurrently, in addition to any other remedies conferred by this Act, the following powers:

(a)

the Director-General may issue a warrant of attachment and may seize by virtue of the warrant any movable property and crops of any person liable to pay the arrears and may also seize any movable property or crops (to whomever it belongs) which are found on the premises in respect of which the arrears are due and may, after service of the prescribed notice, sell the same by public auction in the prescribed manner;

(b)

the Director-General may, by notice of sale to be served or published in the prescribed manner, declare his or her intention to sell, at the expiry of 3 months from the date of the notice of sale, the premises in respect of which the arrears are due and, if, at the expiry of that period, the arrears have not been paid or satisfied, the Director‑General may sell by public auction, in lots or otherwise, the whole of the premises or any portion of the premises or any interest in the premises as he or she considers sufficient for the recovery of the arrears and costs.

(2)

The Director-General must not proceed under subsection (1)(b) to sell the premises in respect of which the arrears are due, or any portion of the premises or interest in the premises, where there is or are upon the premises and liable to be seized and sold under subsection (1)(a) any movable property or crops belonging to the owner of a value estimated by the Director‑General to be sufficient to realise the sum required to satisfy the arrears and costs.

(3)

Any tenant, subtenant or occupier (A) who, in order to avoid the seizure or sale of A’s property for arrears payable by the owner of the premises, pays the arrears and costs may thereafter, in the absence of any written agreement to the contrary, deduct the amount so paid by A from the rent due or to become due by A to A’s immediate landlord on account of the premises or any part of the premises that is held or occupied by A, and may retain possession until that amount has been fully reimbursed to A whether by deduction from the rent or otherwise.

(4)

Any tenant or subtenant who has reimbursed, whether by allowing a deduction from the tenant’s or subtenant’s rent or otherwise, any subtenant or occupier holding or occupying under the tenant or subtenant the amount so paid by that subtenant or occupier has a similar right to deduct the amount from the rent due or to become due to the tenant’s or subtenant’s immediate landlord and to retain possession until similarly reimbursed.

(5)

The receipt by any authorised officer of any amount so paid by any such tenant, subtenant or occupier is deemed an acquittance in full for the like amount of rent.

(6)

If any premises in respect of which arrears are due, or any movable property or crops that are mentioned in subsection (1) or the proceeds of sale thereof are already in the custody of the law under any process of execution whereby the Director‑General is unable to exercise the remedies conferred under subsections (1) to (5), the Director‑General

(a)

may notify the Sheriff or the bailiff of the court concerned of the amount of the arrears; and(b)is entitled without obtaining a judgment to be paid that amount out of the proceeds of sale of the premises or property in priority to the judgment debtor and to the judgment creditor and to any other creditor except the Government.

(7)

A certificate from the Director‑General is, unless it is disputed by the judgment debtor, conclusive evidence of the amount of such arrears, and (in case of dispute) the amount is to be summarily determined by a Magistrate’s Court.

(8)

Where any premises which is not registered land is sold under subsection (1)(b), the Director‑General has the power to execute the conveyance and the purchaser of the premises need not be concerned to inquire whether the provisions of this Act relating to the sale and the conveyance have been complied with nor otherwise to inquire into the regularity or validity of the sale and conveyance.

(9)

Section 144 of the Land Titles Act 1993 applies, with the necessary modifications, to any premises sold under subsection (1)(b) which is registered land.

Section 56

Attachment

(1)

The attachment mentioned in section 55(1)(a) may be made by a person appointed for the purpose by the Director‑General who must give public notice of the attachment in the prescribed manner and must take an inventory of the property attached.

(2)

A person appointed under subsection (1) is deemed to be a public servant for the purposes of the Penal Code 1871.

(3)

Such a person may break open in the daytime any house or building for the purpose of effecting the attachment.

Section 57

Application of proceeds of sale

(1)

The proceeds of a sale under section 55(1) and (2) must be applied firstly in satisfaction of the arrears together with interest on the arrears at the prescribed rate and costs.

(2)

Where there is any surplus remaining, the Director‑General must

(a)

if satisfied as to the right of any person claiming the surplus — pay the amount of the surplus to that person; or(b)if not so satisfied — hold the amount in trust for the person who may ultimately succeed in due course of law in establishing the person’s title to the surplus.

(3)

If no title is established to the surplus within a period of 5 years from the date of the sale, it must be paid into the Consolidated Fund.

Section 58

Title acquired by purchaser at sale by Director-General

(1)

The purchaser at a sale held under section 55(1)(b) is deemed to have acquired the right offered for sale free from all encumbrances created over it and from all subordinate interests derived from it except any that are expressly reserved by the Director‑General at the time of sale.

(2)

The Director-General must notify, by an advertisement published in the Gazette, the result of the sale and the conveyance to the purchaser of the property or right offered for sale.

Section 59

Costs of proceedings for recovery of arrears

All costs of any proceedings for the recovery of arrears may be recovered as if they formed part of the arrears.

Section 60

Power to stop sale

If any person having any interest in any property liable to be sold at any time before that sale tenders to the Director‑General the arrears with interest and costs, the Director‑General must then desist from all further proceedings in respect of the sale.

Section 61

Application to Court

Amendment notes

[40/2019]
[40/2019]

(1)

If any person whose movable property, crop or land has been attached or offered for sale disputes the attachment or sale, the person may apply to the General Division of the High Court or, where the arrears do not exceed the District Court’s limit, to a District Court for an order to stay the proceedings.

Amendment notes

[40/2019]

(2)

The General Division of the High Court or District Court, after hearing the Director‑General and making any further inquiry that is necessary, may make any order that is just.

Amendment notes

[40/2019]

Section 62

Security for payment of arrears

No application may be entertained by the General Division of the High Court or District Court under section 61 unless the applicant has deposited in court the amount of the arrears and costs or furnished security for them to the satisfaction of the General Division of the High Court or District Court.

Amendment notes

[40/2019]

Section 63

Liability of transferor who has not given notice

(1)

Every person who sells or transfers any property in respect of which costs and expenses have been incurred by the Agency in connection with the execution of any work which are, under this Act, recoverable from the owner or owners thereof continues to be liable

(a)

for the payment of all the costs and expenses payable in respect of the property; and(b)for the performance of all other obligations imposed by this Act upon the owner of the property,which become payable or are to be performed at any time before such notice of transfer as is required by section 19 of the Property Tax Act 1960 has been given.

(2)

Nothing in subsection (1) affects the liability of the purchaser or transferee to pay such costs and expenses in respect of the property or affects the right of the Director‑General to recover such costs and expenses or to enforce any obligation under this Act.

Section 64

Proceedings where occupier opposes execution of work

(1)

If the occupier of any premises prevents the owner of the premises from carrying into effect in respect of the premises any of the provisions of this Act after the owner has given notice of the owner’s intention to do so to that occupier, a Magistrate’s Court, upon proof of the notice and upon application by the owner, may

(a)

make a written order, requiring the occupier to permit the owner to execute all works with respect to the premises that are necessary for carrying into effect the provisions of this Act; and(b)if it thinks fit, order the occupier to pay to the owner the costs relating to the application or order.

(2)

If after the expiry of 8 days from the date of the order the occupier continues to refuse to permit the owner to execute the works, the occupier shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day or part of a day during which the occupier so continues to refuse.

(3)

Every such owner is, during the continuance of such refusal, discharged from any penalty to which the owner might otherwise have become liable by reason of the owner’s default in executing the works.

Part 13

MISCELLANEOUS PROVISIONS

Section 65

Notices, orders and other documents may be given by authorised officer

(1)

All notices, orders, receipts, warrants and other documents of any nature which the Director‑General is empowered to give by this Act may, subject to the direction of the Director‑General, be given by any authorised officer on behalf of the Director‑General.

(2)

Where the notice, order, receipt, warrant or document requires authentication, the signature, or an official fax of the signature, of the Director‑General or any authorised officer affixed thereto is sufficient authentication.

Section 66

Service of documents, etc.

Amendment notes

[12/2011]
[12/2011]
[12/2011]
[12/2011]
[12/2011]

(1)

Subject to subsection (3), any notice, order or other document required or authorised to be given or served under this Act may be served

(a)

in the case of an individual

(i)

by delivering it to the individual personally;

(ii)

by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence;

(iii)

by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business;

(iv)

by affixing a copy of the document in a conspicuous place at the usual or last known address of residence or business of the individual; or(v)by sending it by fax to the fax number operated at the usual or last known address of the individual’s place of residence or business, or the last fax number given to the Agency or an authorised officer by the individual as the fax number for the service of documents on the individual;

(b)

in the case of a partnership other than a limited liability partnership

(i)

by delivering it to any one of the partners or the secretary or other like officer of the partnership;

(ii)

by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore; or(iii)by sending it by fax to the fax number operated at the principal or last known place of business of the partnership in Singapore; and(c)in the case of any limited liability partnership or any other body corporate

(i)

by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof;

(ii)

by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; or(iii)by sending it by fax to the fax number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore.

Amendment notes

[12/2011]

(2)

Where any notice or other document to be served by the Agency or the Director-General is

(a)

sent by a fax to the fax number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be; and(b)sent by prepaid registered post — it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered.

Amendment notes

[12/2011]

(3)

Any notice, order or other document required or authorised by this Act to be served on the owner or occupier of any premises may be served

(a)

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

Amendment notes

[12/2011]

(4)

Any notice, order or other document required or authorised by this Act to be served on the owner or occupier of any premises is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.

Amendment notes

[12/2011]

(5)

This section does not apply to notices, summonses and other documents to be served in proceedings in court.

Amendment notes

[12/2011]

Section 71

Offences by bodies corporate, etc.

Amendment notes

[12/2011]
[12/2011]
[12/2011]
[12/2011]
[12/2011]
[12/2011]
[12/2011]

(1)

Where an offence under this Act committed by a body corporate is proved

(a)

to have been committed with the consent or connivance of an officer; or(b)to be attributable to any act or default on his or her part,the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Amendment notes

[12/2011]

(2)

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

Amendment notes

[12/2011]

(3)

Where an offence under this Act committed by a partnership is proved

(a)

to have been committed with the consent or connivance of a partner; or(b)to be attributable to any act or default on his or her part,the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Amendment notes

[12/2011]

(4)

Where an offence under this Act committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be) as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Amendment notes

[12/2011]

(5)

Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved

(a)

to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or(b)to be attributable to any act or default on the part of such an officer or a member,the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Amendment notes

[12/2011]

(6)

In this section —

Amendment notes

[12/2011]

“body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005;

“officer”

(a)

in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or(b)in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity;

“partner” includes a person purporting to act as a partner.

Amendment notes

[12/2011]

(7)

Regulations may provide for the application of any provision of this section, with any modification that the Agency considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.

Amendment notes

[12/2011]

Section 72

Composition of offences

Amendment notes

[26/2007]

(1)

The Director-General may compound any offence under this Act which is prescribed to be a compoundable offence by accepting from the person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:

(a)

one half of the amount of the maximum fine that is prescribed for the offence;

(b)

$15,000.

Amendment notes

[26/2007]

(2)

On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence except that any compensation, damages, fees, costs or expenses which are provided to be paid under this Act remain payable.

(3)

Nothing in this section prevents the Director‑General from issuing any further notice in respect of the same matter to the person who has paid the sum of money.

Section 73

Jurisdiction of court

Despite anything to the contrary contained 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 74

Saving of prosecutions under other laws

Nothing in this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act except that no person may be punished twice for the same offence.

Section 75

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, or any class of, person, thing, premises or works from any provision of this Act.

Section 76

Amendment of Schedules

(1)

The Minister may at any time, by order in the Gazette, amend any Schedule except the Third Schedule.

(2)

The Minister may, in any order made under subsection (1), make any incidental, consequential or supplementary provision that may be necessary or expedient.

Section 77

Regulations

(1)

The Agency may, with the approval of the Minister, make regulations

(a)

for or in respect of every purpose which is necessary for carrying out the provisions of this Act;

(b)

for prescribing any matter which is authorised or required under this Act to be prescribed; and(c)without limiting paragraphs (a) and (b) for or in respect of the matters specified in the Third Schedule.

(2)

The Agency may, with the approval of the Minister, in making any regulations, provide that any contravention of or failure to comply with the regulations shall be an offence punishable with

(a)

a fine not exceeding $50,000 or with imprisonment for a term not exceeding 2 years or with both; and(b)in the case of a continuing offence, a fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.

(3)

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

Section 78

Transitional provisions

Any licence, permit, document, application, approval, permission, order, direction, ruling or notice issued, made, given or approved by the Director of Environmental Pollution Control 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.

Schedule 1

Scheduled premises

FIRST SCHEDULESections 2, 6 and 76(1)Scheduled premisesScheduled premises are any premises

(a)

being used for

(i)

cement works, being works for the manufacture or packing of portland cement, similar cement or pozzolanic materials;

(ii)

concrete works, being works for the manufacture of concrete and of each batch capacity greater than 0.5 cubic metre;

(iii)

asphalt works, being works for the manufacture of asphalt or tarmacadam;

(iv)

ceramic works, being works in which any products such as bricks, tiles, pipes, pottery goods, refractories or glass are manufactured in furnaces or kilns fired by any fuel;

(v)

chemical works, being works in which acids, alkali, chemical fertilizer, soap, detergent, sodium silicates, lime or other calcium compounds, chlorine, chemicals or chemical products are manufactured;

(vi)

coke or charcoal works, being works in which coke or charcoal is produced and quenched, cut, crushed or graded;

(vii)

ferrous and non-ferrous metal works, being works in which metal melting process for casting and/or metal coating are carried out;

(viii)

gas works, being works in which coal, coke, oil or other mixtures or derivatives are handled or prepared for carbonisation or gasification and in which such materials are subsequently carbonised or gasified;

(ix)

crushing, grinding and milling works, being works in which rock, ores, minerals, chemicals or natural grain products are processed by crushing, grinding, milling or separating into different sizes by sieving, air elutriation or in any other manner;

(x)

petroleum works, being works in which crude or shale oil or crude petroleum or other mineral oil is refined or reconditioned;

(xi)

scrap metal recovery works, being works in which scrap metals are treated in any type of furnace for recovery of metal whether or not this is the primary object of any specific premises;

(xii)

primary metallurgical works, being works in which ores are smelted or converted to metal of any kind;

(xiii)

pulping works, being works in which wood or cellulose material is made into pulp; or(xiv)abrasive blasting works, being works in which equipment or structures are cleaned by abrasive blasting;

(b)

on which there is erected any boiler of steam generating capacity of 2,300 kilograms or more per hour, incinerator or furnace burning 500 kilograms or more of solid combustible material per hour or 220 kilograms or more of liquid material per hour; or(c)being used or intended to be used for storing

(i)

more than 100 tonnes of one or more of the following substances: chemicals, chemical products, hydrocarbons or hydrocarbon products which are toxic or which produce toxic gases on burning or on contact with water or air; or(ii)more than 1,000 tonnes of one or more of the following substances: chemicals, chemical products, hydrocarbons or hydrocarbon products with a flash point lower than 55ºC.

Schedule 2

Control of hazardous substances

SECOND SCHEDULESections 2, 21 and 76(1)Control of hazardous substancesPart IHazardous SubstancesSubstanceExclusions1,2-dibromoethane (EDB) Acetic acidSubstances containing not more than 80%, weight in weight, of acetic acid; Preparations and solutions for photographic use.Acetic Anhydride Acetochlor Acetyl bromide Alachor Allyl isothiocyanate Alkali metal bifluorides; Ammonium bifluoride; Potassium fluoride; Sodium fluoride; Potassium silicofluoride; Sodium silicofluoride; Silicofluoric acidPreparations containing not more than 0.3%, weight in weight, of potassium fluoride in radiator protectors; Preparations containing not more than 0.96%, weight in weight, of potassium fluoride in photographic chemicals; Substances containing not more than 3%, weight in weight, of sodium fluoride or sodium silicofluoride as a preservative; Substances containing sodium fluoride intended for the treatment of human ailments.Amitraz AmmoniaPreparations and solutions of ammonia containing not more than 10%, weight in weight, of ammonia; Refrigeration equipment; Photographic and plan developers; Hair colour dyes; Perm lotions; Smelling bottles.Ammonium chlorate Anionic surface active agentsPreparations containing less than 5% by weight of anionic surface active agents; Preparations containing anionic surface active agents which are at least 90% biodegradable under a test carried out in accordance with that part of the OECD method which is referred to as “Confirmatory Test Procedure” in European Communities Council Directive No. 73/405/EEC (C) or other equivalent test methods acceptable to the Director‑General.Antimony pentachloridePolishes.Antimony trihydride Arsenical substances, the following: Arsenic acid Arsenic sulphide Arsenic trichloride Arsine Calcium arsenite Copper arsenate Copper arsenite Lead arsenate Organic compounds of arsenic Oxides of arsenic Potassium arsenite Sodium arsenate Sodium arsenite Sodium thioarsenatePyrites ores or sulphuric acid containing arsenical poisons as natural impurities;Animal feeding stuffs containing not more than 0.005%, weight in weight, of 4-hydroxy-3-nitrophenyl-arsonic acid and not containing any other arsenical poison;Animal feeding stuffs containing not more than 0.01%, weight in weight, of arsanilic acid and not containing any other arsenical poison;Animal feeding stuffs containing not more than 0.0375%, weight in weight, of carbarsone and not containing any other arsenical poison.Asbestos in the form of crocidolite, actinolite, anthophyllite, amosite, tremolite, chrysotile and amphiboles and products containing these forms of asbestosAsbestos in the form of chrysotile in any vehicle brake or clutch lining installed in any vehicle registered before 1 April 1995.Atrazine Benzidine; its salts Bis(chloromethyl)ether Boric acid; Sodium borateBoric acid or sodium borate in medicinal preparations, cosmetics, toilet preparations and substances being preparations intended for human consumption; Preparations containing boric acid or sodium borate or a combination of both where water or solvent is not the only other part of the composition.Boron tribromide Boron trichloride Boron trifluoride Bromine; Bromine solutions Cadmium and its compounds in controlled EEEControlled EEE containing cadmium not exceeding 0.01% maximum concentration value by weight of homogeneous material in controlled EEE; Cadmium and its compounds in electrical contact; Cadmium in filter glass or glass used for reflectance standards; Cadmium in printing ink for the application of enamel on glass; Cadmium alloy as electrical or mechanical solder joint to electrical conductor located directly on voice coil in transducer used in high‑powered loudspeaker with sound pressure level of 100 dB (A) or more; Cadmium and cadmium oxide in thick film paste used on aluminium bonded beryllium oxide.Cadmium-containing silver brazing alloy Captafol CarbamatesBenomyl; Carbendazim; Chlorpropham; Propham; Thiophanate-methyl; Preparations containing not more than 1%, weight in weight, of propoxur and not containing any other carbamate; Preparations containing not more than 1%, weight in weight, of methomyl and not containing any other carbamate.Carbon monoxideGas mixtures containing carbon monoxide weighing less than 1 metric tonne; Gas mixtures containing carbon monoxide as by‑products from combustion activities.Carbon tetrafluoride Chlorinated hydrocarbons, the following: Aldrin Benzene hexachloride (BHC) Bromocyclen Camphechlor Chlorbenside Chlorbicyclen Chlordane Chlordecone ChlordimeformPaper impregnated with not more than 0.3%, weight in weight, of benzene hexachloride or gamma‑BHC provided it is labelled with directions that no food, wrapped or unwrapped, or food utensils are to be placed on the treated paper, and that it is not to be used where food is prepared or served. Chlorfenethol Chlorfenson Chlorfensulphide Chlorobenzilate Chloropropylate Dicophane (DDT) pp’-DDT Dicofol Dieldrin Endosulfan Endrin Fenazaflor Fenson Fluorbenzide Gamma benzene hexachloride (Gamma‑BHC), also known as lindane HCH (mixed isomers) HEOD [1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-1,4 (exo): 5,8 (endo)-dimethano naphthalene] HHDN [1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-1,4 (exo):5,8 (endo)-dimethano naphthalene] Heptachlor Hexachloroethane Isobenzan Isodrin Kelevan Methoxychlor [1,1,1-trichloro-2,2-di-(p-methoxyphenyl) ethane] Mirex Polychlorinated butadienes Tetrachlorodiphenylethane [TDE; 1,1-dichloro-2,2-bis (p‑chlorophenyl) ethane] Tetradifon Tetrasul Toxaphene Allied chlorinated hydrocarbon compounds used as pesticides (insecticides, acaricides, etc.) ChlorineChlorine used for chlorination of water in swimming pools.Chlorine trifluoride Chlorobenzenes, the following: Monochlorobenzene Meta-dichlorobenzene Ortho-dichlorobenzene Trichlorobenzene Tetrachlorobenzene Pentachlorobenzene Hexachlorobenzene Chlorophenols, the following: Monochlorophenol Dichlorophenol Trichlorophenol Tetrachlorophenol Pentachlorophenol and its salts and estersSubstances containing not more than 1%, weight in weight, of chlorophenols.Chlorophenoxyacids; their salts, esters, amines, which include but are not limited to — 2,4,5-T and its salts and esters Chloropicrin Chlorosilanes, the following: Hexachlorodisilane Phenyltrichlorosilane Tetrachlorosilane Chlorosulphonic acid Chromic acidSubstances containing not more than 9%, weight in weight, of chromic acid; Photographic solutions containing chromic acid in individual containers containing not more than 15 kilograms each of such solutions and of aggregate weight of not more than 500 kilograms of such solutions.CyanidesFerrocyanides; Ferricyanides; Acetonitrile; Acrylonitrile; Butyronitrile; 2-Dimethylaminoacetonitrile; Isobutyronitrile; Methacrylonitrile; Propionitrile.Diborane Dibromochloropropane Diethyl sulphate Dinitro-ortho-cresol (DNOC) and its salts (such as ammonium salt, potassium salt and sodium salt) Dinosam; its compounds with a metal or a base Dinoseb and its salts and esters, which includes but is not limited to — Binapacryl Dinoterb Diquat; its salts Drazoxolon; its saltsDressings on seeds.Dustable powder formulations containing a combination of — benomyl at or above 7 per cent, carbofuran at above 10 per cent, thiram at or above 15 per cent Endothal; its salts Epichlorohydrin Ethyl mercaptanSubstances containing less than 1%, weight in weight, of ethyl mercaptan.Ethylene dichloride Ethylene imine Ethylene oxideMixtures of inert gases and ethylene oxide comprising not more than 12%, weight in weight, of ethylene oxide contained in cylinders of water capacity less than 47 litres and for aggregate of not more than 3 of such cylinders.Ferric chloride FipronilFormulated products containing Fipronil approved for household use and belonging to Table 5 of the WHO Recommended Classification of Pesticides by Hazard.Fluorine Fluoroacetamide FormaldehydeSubstances containing not more than 5%, weight in weight, of formaldehyde; Photographic glazing or hardening solutions.Formic acidSubstances containing not more than 5%, weight in weight, of formic acid.Germane Hexabromocyclododecane (HBCD) Hexavalent chromium in controlled EEEControlled EEE containing hexavalent chromium not exceeding 0.1% maximum concentration value by weight of homogeneous material in controlled EEE; Hexavalent chromium as anticorrosion agent, not exceeding 0.75% by weight, in the cooling solution of carbon steel cooling system in absorption refrigerator.Hexazinone Hydrazine anhydrous; Hydrazine aqueous solutions Hydrochloric acidSubstances containing not more than 9%, weight in weight, of hydrochloric acid.Hydrofluoric acidPreparations or solutions containing not more than 2%, weight in weight, of hydrofluoric acid.Hydrofluorocarbons, the following, including any mixture containing those hydrofluorocarbons: 1,1,1,2,2,3,4,5,5,5-decafluoropentane 1,1,1,2,2,3-hexafluoropropane 1,1,1,2,3,3,3-heptafluoropropaneAny manufactured product containing any substance mentioned in the opposite column, not being a container containing the substance. 1,1,1,2,3,3-hexafluoropropane 1,1,1,2-tetrafluoroethane 1,1,1,3,3,3-hexafluoropropane 1,1,1,3,3-pentafluorobutane 1,1,1,3,3-pentafluoropropane 1,1,1-trifluoroethane 1,1,2,2,3-pentafluoropropane 1,1,2,2-tetrafluoroethane 1,1,2-trifluoroethane 1,1-difluoroethane 1,2-difluoroethane Difluoromethane Fluoromethane (methyl fluoride) Pentafluoroethane Trifluoromethane Hydrogen chloride Hydrogen cyanide; Hydrocyanic acidPreparations of wild cherry; In reagent kits supplied for medical or veterinary purposes, substances containing less than the equivalent of 0.1%, weight in weight, of hydrocyanic acid.Hydrogen fluoride Hydrogen selenide IsocyanatesPolyisocyanates containing less than 0.7%, weight in weight, of free monomeric diisocyanates; Pre-polymerised isocyanates in polyurethane paints and lacquers; Hardeners and bonding agents for immediate use in adhesives.Lead and its compounds in controlled EEEControlled EEE containing lead not exceeding 0.1% maximum concentration value by weight of homogeneous material in controlled EEE; Lead in glass of cathode ray tube; Lead, not exceeding 0.2% by weight, in glass of fluorescent tube; Lead, not exceeding 0.35% by weight, as an alloying element in steel for machining purposes or galvanised steel; Lead, not exceeding 0.4% by weight, as an alloying element in aluminium; Lead, not exceeding 4% by weight, in copper alloy; Lead in high melting temperature type solder (that is, lead‑based alloy containing 85% by weight or more lead); Electrical and electronic component containing lead in

(a)

glass or ceramic (other than dielectric ceramic in capacitor); or (b)glass or ceramic matrix compound; Lead in dielectric ceramic in capacitor for rated voltage of 125 V AC, 250 V DC or higher; Lead in bearing shell or bush for refrigerant‑containing compressor for heating, ventilation, air conditioning or refrigeration application; Lead in white glass for optical application; Lead in filter glass or glass used for reflectance standards; Lead in printing ink for the application of enamel on glass; Lead in solder for

(a)

completing viable electrical connection between semiconductor die and carrier within integrated circuit flip chip package;

(b)

soldering to machined‑through hole discoidal or planar array ceramic multilayer capacitor; or (c)soldering thin copper wire (with diameter not exceeding 100 μm) in power transformer; Lead in soldering materials in mercury‑free flat fluorescent lamp; Lead oxide in surface conduction electron emitter display used in structural element; Lead bound in crystal glass; Lead in cermet‑based trimmer potentiometer element; Lead in plating layer of high‑voltage diode on base of zinc borate glass body.Lead compounds in paintLead compounds in paint in which the lead content is not more than 0.06% by weight of the paint; Lead compounds in paint in which the container is affixed with an appropriate label; The labels to be used for paints containing lead compounds are in accordance with Part IV of the Second Schedule.Mercury Mercury and its compounds in controlled EEEControlled EEE containing mercury not exceeding 0.1% maximum concentration value by weight of homogeneous material in controlled EEE; Cold cathode fluorescent lamp or external electrode fluorescent lamp, used for purposes other than general lighting, that

(a)

is not more than 500 mm long and contains not more than 3.5 mg of mercury;

(b)

is more than 500 mm long but not more than 1500 mm long and contains not more than 5 mg of mercury; or (c)is more than 1500 mm long and contains not more than 13 mg of mercury.Mercury compounds including inorganic mercury compounds, alkyl mercury compounds, alkyloxyalkyl and aryl mercury compounds, and other organic compounds of mercury Mercury and its compounds in batteriesBatteries (including those in button form) containing not more than 0.0005% by weight of mercury per cell.Mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps used for electronic displaysCold cathode fluorescent lamps or external electrode fluorescent lamps used for electronic displays, that

(a)

are not more than 500 mm long and contain not more than 3.5 mg of mercury per lamp;

(b)

are more than 500 mm long but not more than 1500 mm long and contain not more than 5 mg of mercury per lamp; or (c)are more than 1500 mm long and contain not more than 13 mg of mercury per lamp.Mercury in fluorescent lamps (primarily for general lighting purposes)Compact fluorescent lamps containing mercury not exceeding 5 mg per lamp; Triband phosphor linear fluorescent lamps of less than 60 W per lamp containing mercury not exceeding 5 mg per lamp; Circular fluorescent lamps and other linear fluorescent lamps containing mercury not exceeding 10 mg per lamp.Mercury in high pressure mercury vapour lamps (primarily for general lighting purposes) Mercury in switches and relaysVery high accuracy capacitance and loss measurement bridges and high frequency radio frequency switches and relays in monitoring and control instruments containing mercury not exceeding 20 mg per bridge, switch or relay.Mercury in the following non‑electronic measuring devices: Barometers Hygrometers Manometers Thermometers SphygmomanometersNon-electronic measuring devices installed in large‑scale equipment or those used for high precision measurement, where no suitable mercury‑free alternative is available.Metanil yellow (sodium salt of metanilylazo-diphenylamine)Dye-indicators used in laboratories.Methyl chloride Methyl mercaptanSubstances containing less than 1%, weight in weight, of methyl mercaptan.Monomethyltetrachloro diphenyl methane Monomethyl-dichloro-diphenyl methane Monomethyl-dibromodiphenyl methane Neonicotinoid compounds used as pesticides, the following: ImidaclopridFormulated products containing Imidacloprid approved for household use and belonging to Table 5 of the WHO Recommended Classification of Pesticides by Hazard.Niclofolan Nicotine sulphate Nitric acidSubstances containing not more than 9%, weight in weight, of nitric acid.Nitric oxide NitrobenzeneSubstances containing less than 0.1%, weight in weight, of nitrobenzene; Soaps containing less than 1%, weight in weight, of nitrobenzene; Polishes and cleansing agents.Nitrogen trifluoride Oleum Orange II [sodium salt of p-(2-hydroxy-1-naphthylazo) benzenesulphonic acid]Dye-indicators used in laboratories.Organic peroxidesCar puttys; Substances and preparations containing not more than 3%, weight in weight, of organic peroxides; Solutions of not more than 60%, weight in weight, of methyl ethyl ketone peroxides and total aggregate weight of less than 50 kilograms of such solutions.Organo-tin compounds, the following: Compounds of fentin Cyhexatin Tributyl tin compounds Ozone depleting substances, namely:

(a)

Chlorofluorocarbons, the following: Chloroheptafluoropropane Chloropentafluoroethane Chlorotrifluoromethane Dichlorodifluoromethane Dichlorohexafluoropropane Dichlorotetrafluoroethane Heptachlorofluoropropane Hexachlorodifluoropropane Pentachlorofluoroethane Pentachlorotrifluoropropane Tetrachlorodifluoroethane Tetrachlorotetrafluoropropane Trichlorofluoromethane Trichloropentafluoropropane TrichlorotrifluoroethaneProducts containing any ozone depleting substance other than the following products:

(a)

in the case of chlorofluorocarbons

(i)

air conditioners in vehicles registered on or after 1 January 1995 or intended for such vehicles;

(ii)

equipment for domestic or commercial refrigeration or air conditioning installed on or after 1 January 1993, or heat pump equipment, which contains any chlorofluorocarbon substance as a refrigerant or in any insulating material of such equipment;

(iii)

refrigerators that have a compressor rating which exceeds one horsepower;

(iv)

non-pharmaceutical aerosol products;

(v)

insulation boards, panels or pipe covers;

(vi)

polystyrene sheets or finished products;

(b)

Halons, the following: Bromochlorodifluoromethane Bromochloromethane Bromotrifluoromethane Dibromotetrafluoroethane(b)in the case of Halons, portable fire extinguishers; and(c)in the case of bromotrifluoromethane, fire protection systems with building plans approved after 17 June 1991 and installed after 31 December 1991.(c)Hydrochlorofluorocarbons, the following: 1,1-dichloro-1-fluoro-ethane 1,1-dichloro-2,2,3,3,3-pentafluoropropane 1,3-dichloro-1,2,2,3,3-pentafluoropropane 1-chloro-1,1-difluoro-ethane Chlorodifluoroethane Chlorodifluoromethane Chlorodifluoropropane Chlorofluoroethane Chlorofluoromethane Chlorofluoropropane Chlorohexafluoropropane Chloropentafluoropropane Chlorotetrafluoroethane Chlorotetrafluoropropane Chlorotrifluoroethane Chlorotrifluoropropane Dichlorodifluoroethane Dichlorodifluoropropane Dichlorofluoroethane Dichlorofluoromethane Dichlorofluoropropane Dichloropentafluoropropane Dichlorotetrafluoropropane Dichlorotrifluoroethane Dichlorotrifluoropropane Hexachlorofluoropropane Pentachlorodifluoropropane Pentachlorofluoropropane Tetrachlorodifluoropropane Tetrachlorofluoroethane Tetrachlorofluoropropane Tetrachlorotrifluoropropane Trichlorodifluoroethane Trichlorodifluoropropane Trichlorofluoroethane Trichlorofluoropropane Trichlorotetrafluoropropane Trichlorotrifluoropropane (d)Hydrobromofluorocarbons, the following: Bromodifluoroethane Bromodifluoromethane Bromodifluoropropane Bromofluoroethane Bromofluoromethane Bromofluoropropane Bromohexafluoropropane Bromopentafluoropropane Bromotetrafluoroethane Bromotetrafluoropropane Bromotrifluoroethane Bromotrifluoropropane Dibromodifluoroethane Dibromodifluoropropane Dibromofluoroethane Dibromofluoromethane Dibromofluoropropane Dibromopentafluoropropane Dibromotetrafluoropropane Dibromotrifluoroethane Dibromotrifluoropropane Hexabromofluoropropane Pentabromodifluoropropane Pentabromofluoropropane Tetrabromodifluoropropane Tetrabromofluoroethane Tetrabromofluoropropane Tetrabromotrifluoropropane Tribromodifluoroethane Tribromodifluoropropane Tribromofluoroethane Tribromofluoropropane Tribromotetrafluoropropane Tribromotrifluoropropane (e)Carbon tetrachloride (f)1,1,1-trichloroethane (methyl chloroform) (g)Methyl bromide Paraquat; its saltsPreparation in pellet form containing not more than 5%, weight in weight, of salts of paraquat ion.Pentadecafluorooctanoic acid (PFOA); its salts and related compounds Perchloromethyl mercaptanSubstances containing less than 1%, weight in weight, of perchloromethyl mercaptan.Perfluorohexane sulfonic acid (PFHxS); its salts and related compounds Perfluorooctane sulfonic acid (PFOS) Phenols, the following: Catechol Cresol Hydroquinone Octyl phenol Phenol ResorcinolPreparations containing less than 1%, weight in weight, of phenols;Phenols which are intended for the treatment of human ailments and other medical purposes;Soaps for washing;Tar (coal or wood), crude or refined; Photographic solutions containing hydroquinone in individual containers containing not more than 15 kilograms each of such solutions and of aggregate weight of not more than 500 kilograms of such solutions.Phosgene Phosphides Phosphine Phosphoric acidSubstances containing not more than 50%, weight in weight, of phosphoric acid.Phosphorus compounds used as pesticides (insecticides, acaricides, etc.), which includes but is not limited to: Chlorpyriphos Methamidophos Methyl-parathion Monocrotophos Parathion Phosphamidon TrichlorfonAcephate;Bromophos;Iodofenphos;Malathion;Pirimiphos-methyl;Temephos;Tetrachlorvinphos;Preparations containing not more than 0.5%, weight in weight, of chlorpyrifos and not containing any other phosphorus compound; Preparations containing not more than 0.5%, weight in weight, of dichlorvos and not containing any other phosphorus compound; Materials impregnated with dichlorvos and not containing any other phosphorus compound for slow release; Preparations containing not more than 1%, weight in weight, of azamethiphos and not containing any other phosphorus compound.Phosphorus oxybromide Phosphorus oxychloride Phosphorus pentabromide Phosphorus pentachloride Phosphorus pentafluoride Phosphorus trichloride Polybrominated biphenyls Polybrominated biphenyls in controlled EEEControlled EEE containing polybrominated biphenyls not exceeding 0.1% maximum concentration value by weight of homogeneous material in controlled EEE.Polybrominated diphenyl ethers (PBDEs) Polybrominated diphenyl ethers in controlled EEEControlled EEE containing polybrominated diphenyl ethers not exceeding 0.1% maximum concentration value by weight of homogeneous material in controlled EEE.Polychlorinated biphenyls Polychlorinated naphthalenes Polychlorinated terphenyls Potassium hydroxideSubstances containing not more than 17%, weight in weight, of potassium hydroxide; Accumulators; Batteries.Prochloraz Pyrethroid compounds used as pesticides, the following: Fenvalerate Lambda-cyhalothrinFormulated products containing Fenvalerate approved for household use and belonging to Table 5 of the WHO Recommended Classification of Pesticides by HazardShort-chain chlorinated paraffins (chain lengths at least C10 but not exceeding C13) Sodium azideAir bag devices in motor vehicles.Sodium hydroxideSubstances containing not more than 17%, weight in weight, of sodium hydroxide; Made-up formulated preparations either liquid or solid for biochemical tests.Sulphur in diesel intended for use in Singapore as fuel for industrial plantsSulphur in diesel in which the sulphur content is 0.001% or less by weight.Sulphur in petrol intended for use in Singapore as fuel for industrial plantsSulphur in petrol in which the sulphur content is 0.005% or less by weight.Sulphur tetrafluoride Sulphur trioxide Sulphuric acidSubstances containing not more than 9%, weight in weight, of sulphuric acid; Accumulators; Batteries; Fire extinguishers; Photographic developers containing not more than 20%, weight in weight, of sulphuric acid.Sulphuryl chloride Sulphuryl fluoride Tetraethyl lead, tetramethyl lead and similar lead containing compounds Thallium; its salts Titanium tetrachloride Tris (2, 3-dibromo-l-propyl) phosphate Tungsten hexafluoride Note:In this Part, unless the context otherwise requires —“air conditioner” means a self‑contained assembly designed as a unit to deliver conditioned air to an enclosed space, room or zone, consisting of the following components (whether or not the assembly also consists of any means of humidifying, ventilating or exhausting the air):

(a)

a prime source of refrigeration for cooling and dehumidification of the air, where all the refrigeration components are hermetically sealed;

(b)

a means for the circulation and the cleaning of the air;

(c)

a drain arrangement for the collection or disposal of any condensate,but does not include a second-hand air conditioner, a cooling tower, a chiller, or a large‑scale air conditioner for any industrial or specialised use;“computer” means a portable electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with the device or group of such interconnected or related devices, but does not include

(a)

an automated typewriter or typesetter;

(b)

a portable hand-held calculator; or(c)a similar device which is non-programmable or which does not contain any data storage facility;“controlled electrical and electronic equipment” or “controlled EEE” means any air conditioner, flat panel display television, mobile phone, phablet, portable computer, refrigerator or washing machine, that is designed for household use (whether or not the controlled EEE is also designed for any non‑household use);“crystal glass” means any crystal glass described in Annex I to Directive 69/493/EEC of the Council of the European Union on the approximation of the laws of the Member States relating to crystal glass;“flat panel display television” means a television with a flat display screen (at least 11 inches in width), but does not include

(a)

a second-hand flat panel display television;

(b)

a flat panel display television installed in a car;

(c)

a flat panel display television installed

(i)

on a building;

(ii)

at a bus stop; or(iii)in a structure next to a bus stop,for commercial advertisement purposes; or(d)a flat panel display television designed for any industrial or specialised use;“homogeneous material” means

(a)

a material of uniform composition throughout; or(b)a material consisting of a combination of materials that cannot be disjointed or separated into different materials by mechanical actions such as unscrewing, cutting, crushing, grinding or abrasive processes;“mobile phone” means a hand-held device that uses a wireless network to allow a user to make voice calls, send text messages and transmit data, but does not include

(a)

a second-hand mobile phone;

(b)

a cordless phone, a walkie talkie or a satellite phone; or(c)a mobile phone designed for any specialised use;“phablet” means a hand-held device with a combination of the designs and functions of both a mobile phone and a tablet, but does not include

(a)

a second-hand phablet; or(b)a phablet designed for any specialised use;“portable computer” means a computer designed specifically for portability and to be operated for extended periods of time (whether with or without a direct connection to an alternating current mains power source), but does not include

(a)

a second-hand portable computer;

(b)

a portable computer installed in a car (also known as a carputer); or(c)a portable computer designed for any specialised use;“refrigerator” means a self-contained assembly (where all refrigeration components are hermetically sealed) consisting of

(a)

a thermally insulated cabinet for the storage and cooling of foodstuffs or other material above 0°C; and(b)a refrigerating unit operating on the vapour compression principle and arranged to extract heat from within the cabinet mentioned in paragraph (a),whether or not the refrigerator has any freezer compartment, but does not include

(c)

a second-hand refrigerator;

(d)

a wine cabinet, a portable cooling box, a chiller or a freezer chest; or(e)a refrigerator designed for any industrial or specialised use;“television” means an appliance, with an in‑built television tuner, designed primarily for the display and possible reception of television broadcast and similar services for terrestrial, cable, satellite and broadband network transmission of analogue or digital signals, and includes a television with additional functions not required for its basic operation as a television, but does not include a television displaying broadcasts by means of front or rear projection;“washing machine” means an electrical machine with at least one function that uses water for washing, but does not include

(a)

a second-hand washing machine; or(b)a large-scale washing machine designed for any industrial or specialised use.Part IIGeneral ExemptionsAdhesives other than those containing any of the following substances as defined in Part I of this Schedule: Pentadecafluorooctanoic acid (PFOA) and its salts and related compounds, Perfluorohexane sulfonic acid (PFHxS) and its salts and related compounds, polychlorinated naphthalenes or short‑chain chlorinated paraffins;Anti-fouling compositions other than those containing tributyl tin compounds as defined in Part I of this Schedule;Builders’ materials other than those containing asbestos as defined in Part I of this Schedule;Ceramics;Distempers;Electrical valves;Enamels;Explosives;Fillers other than those containing any of the following substances as defined in Part I of this Schedule: Pentadecafluorooctanoic acid (PFOA) and its salts and related compounds or Perfluorohexane sulfonic acid (PFHxS) and its salts and related compounds;Fireworks;Glazes other than those containing any of the following substances as defined in Part I of this Schedule: Pentadecafluorooctanoic acid (PFOA) and its salts and related compounds or Perfluorohexane sulfonic acid (PFHxS) and its salts and related compounds;Glue;Inks;Lacquer solvents;Loading materials;Lubricants other than those containing any of the following substances as defined in Part I of this Schedule: polychlorinated naphthalenes or short‑chain chlorinated paraffins;Matches;Motor fuels other than diesel oil and petrol;Paints other than those containing any of the following substances as defined in Part I of this Schedule: asbestos, lead compounds, mercury compounds, Pentadecafluorooctanoic acid (PFOA) and its salts and related compounds, Perfluorohexane sulfonic acid (PFHxS) and its salts and related compounds, polychlorinated naphthalenes, or short‑chain chlorinated paraffins;Pharmaceutical aerosols;Photographic paper;Pigments other than those containing tributyl tin compounds as defined in Part I of this Schedule;Plastics other than those containing any of the following substances as defined in Part I of this Schedule: polychlorinated naphthalenes or short‑chain chlorinated paraffins;Propellants other than those containing ozone depleting substances;Rubber;Varnishes other than those containing any of the following substances as defined in Part I of this Schedule: Pentadecafluorooctanoic acid (PFOA) and its salts and related compounds or Perfluorohexane sulfonic acid (PFHxS) and its salts and related compounds;Vascular plants and their seeds.Part IVLabels for Paints Containing Lead CompoundsType 1 Label: For Paints Containing Red Lead Oxide in which the Lead Content is more than 1% by Weight of the Paint or for Paints Containing other Lead Compounds in which the Lead Content is more than 5% by Weight of the Paint: The label must contain the following words and symbol: “HARMFUL BY INHALATION AND IF SWALLOWED. DANGER OF CUMULATIVE EFFECTS. When using, do not eat, drink or smoke. Do not empty into drains. Do not breathe vapour/spray mist. Use only in well-ventilated areas. If necessary, wear suitable respiratory protection. Contains Lead. Should not be used on surfaces liable to be chewed or sucked by children. Keep out of reach of children.” The size of the symbol must be at least equal to one‑tenth of the area of a label and must not in any case be less than 100 square millimetres.Type 2 Label: For Paints Containing Red Lead Oxide in which the Lead Content is 0.06% to 1% by Weight of the Paint or for Paints Containing other Lead Compounds in which the Lead Content is 0.06% to 5% by Weight of the Paint: The label must contain the following words: “Contains Lead. Should not be used on surfaces liable to be chewed or sucked by children. Do not breathe vapour/spray mist. Use only in well-ventilated areas. If necessary, wear suitable respiratory protection. Keep out of reach of children.” Dimensions of the Labels in Part IVCapacity of Package Dimensions of Label(a)Not exceeding 3 litres at least 52 x 74 millimetres.(b)Exceeding 3 litres but not exceeding 50 litres at least 74 x 105 millimetres.(c)Exceeding 50 litres but not exceeding 500 litres at least 105 x 148 millimetres.(d)Exceeding 500 litres at least 148 x 210 millimetres.[S 492/2004; S 78/2005; S 571/2005; S 296/2007; S 43/2008; S 62/2009; S 373/2011; S 441/2011; S 373/2013; S 374/2013; S 688/2014; S 263/2016; S 378/2016; S 27/2017; S 126/2017; S 783/2017; S 784/2017; S 359/2018; S 491/2019]

Schedule 3

Subject matters of Regulations

THIRD SCHEDULESections 76(1) and 77(1)Subject matters of Regulations1. The prescribing of types of tests to be carried out and the records to be maintained by occupiers of industrial or trade premises with respect to the emission of air impurities from, and the consumption of fuel on, such premises.2. The prescribing of types of air pollution control equipment that may be used in or on any industrial or trade premises and the manner in which those equipment must be operated and maintained.3. The prescribing of assistance and facilities (including access to, and the means of making examinations, inspections and tests) to be provided by the occupiers of industrial or trade premises to enable the Director‑General and authorised officers to exercise their powers under this Act.4. The prescribing of standards of concentration or rates of emission of air impurities from any source of air pollution, including motor vehicles and industrial plant, and the method of making tests for the purposes of ascertaining whether any of the provisions of this Act or any conditions attached to a licence or to an exemption are being or have been complied with.5. The regulation or restriction of import, export, sale or supply of industrial plant which do not comply with standards prescribed under this Act or the regulations for the purpose of air pollution control.6. The regulation or prohibition of either generally or in specified areas and either at all times or between specified hours the use of industrial plants for the purpose of air pollution control.7. The prescribing of types and composition of fuel to be used.8. The prescribing of returns of any information, statistics and data relating to air, water or noise pollution to be furnished to the Director‑General and the contents thereof, and the persons or classes of persons who are required to furnish such returns.9. The prevention of misuse or contamination of water.10. The prescribing of standards of concentration or rates of discharge of trade effluent from any premises which may be discharged into drains or the sea.11. The control of discharge of any trade effluent into drains and sea.12. The control, by licensing or otherwise, of the storage, removal and disposal of toxic industrial waste and trade effluent.13. The prescribing of fees for the collection and disposal of any trade effluent.14. The import, export, use and control of hazardous substances.15. The storage, transport and labelling of hazardous substances.16. The sale, whether by wholesale or retail, or the supply of hazardous substances, by or to any person or class of persons which include regulating or restricting the sale or supply of hazardous substances by persons licensed under this Act and prohibiting the sale of any specified hazardous substance or class of hazardous substances by any class of such persons.17. The prescribing of noise standards for the purposes of this Act.18. The prescribing of standards of emission of noise from any source of noise pollution, and the methods of determining level, nature, character or quality of noise made or emitted.19. The regulation or restriction of import, sale and use of industrial plants for the purpose of noise control.20. The specification of limits of permitted noise levels from particular premises, activities, equipment, appliances, machinery and fuel burning equipment, and the requirement of labelling any such equipment, appliances, machinery and fuel burning equipment to show the specified limits.21. The specification of the times at which specified levels of noise may not be emitted from particular premises, activities, equipment, appliances, machinery and fuel burning equipment.21A. The restriction or prohibition of building works either generally or in specified areas during Saturdays, Sundays and public holidays (including between the hours of 10 p.m. on the eve of a public holiday and 7 a.m. on the day after the public holiday) and between the hours of 12 midnight and 7 a.m. on Mondays for the purpose of noise control.22. The prescribing of codes of practice relating to the control and regulation of noise levels in work places and construction sites.23. The prescribing of standards, codes of practice for the design, manufacture and use of equipment, appliances, machinery, industrial plant and fuel burning equipment to reduce pollution.23A. The prescribing of registration requirements in relation to registrable goods, and the regulation of the labelling of registrable goods, for the purpose of facilitating energy conservation.23B. The prescribing of energy efficiency standards in relation to registrable goods, and the regulation of the labelling of registrable goods, for the purpose of facilitating energy conservation.24. The prescribing of fees for licences and the prescribing of fees and charges for any of the purposes of this Act or the regulations.25. The prescribing of penalty interest for late payment of any charges or fees prescribed by this Act or the regulations.[26/2007; 12/2011]

Environmental Protection and Management Act 1999

PRELIMINARY

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

ADMINISTRATION

(1)

(2)

(3)

(1)

(2)

(3)

(4)

USE OF SCHEDULED PREMISES

(1)

(2)

(3)

(1)

(2)

(3)

(1)

(2)

(3)

(1)

(2)

AIR POLLUTION CONTROL

(1)

(2)

(3)

(1)

(2)

(1)

(2)