# legal_provisions

document_id: epha-1987
provision_ref: s23A
chapter: PART 3A - WASTE MANAGEMENT
section: 23A
title: Prescribed conditions relating to progressive wage model for waste disposal industry
content:
23A. —(1) For the purpose of regulating and upgrading the standards and productivity in the waste disposal industry in Singapore, regulations may be made under section 111 to impose conditions on waste disposal licensees for the training of waste disposal workers and the payment of progressive wages to waste disposal workers that ensure a more engaged waste disposal workforce and the retention of a core of waste disposal workers who are citizens or permanent residents of Singapore (called in this section resident waste disposal workers). (2) Without limiting subsection (1), the prescribed conditions referred to in that subsection may include — ( a ) conditions requiring the waste disposal licensee to enter into a contract of service in writing with each waste disposal worker employed by the waste disposal licensee; ( b ) conditions requiring every contract of service entered into between the waste disposal licensee and every resident waste disposal worker to provide for the payment of a baseline wage, a progressive wage model bonus or an overtime payment to the resident waste disposal worker, that — (i) is not less than the amount; and (ii) in the case of a progressive wage model bonus, is to be paid at the frequency, specified by order under section 31DA(1) for the class of waste disposal workers that the resident waste disposal worker belongs to; ( c ) conditions requiring the waste disposal licensee to ensure that every waste disposal worker employed by the waste disposal licensee satisfies the training requirements as may be specified by the Director-General for the class of waste disposal workers that the waste disposal worker belongs to; ( d ) conditions prohibiting the waste disposal licensee from deploying any individual who is not employed by the waste disposal licensee to carry out any waste disposal work, unless the individual is a waste disposal worker employed by another waste disposal licensee; and ( e ) conditions requiring the waste disposal licensee to keep such records, accounts or documents relating to the business or activities that the waste disposal licensee is authorised to carry out under the waste disposal licence, as may be prescribed, and retain those records, accounts or documents for a prescribed period. (3) The Director-General must not exercise his or her powers under section 99(15)( c ) or ( d ) in relation to a waste disposal licensee for failing to comply with any condition mentioned in subsection (2)( b ) unless the Director-General has first consulted the Commissioner for Labour. [Act 5 of 2023 wef 01/07/2023] Disposal and treatment of industrial waste


document_id: epha-1987
provision_ref: s24
chapter: PART 3A - WASTE MANAGEMENT
section: 24
title: Prohibition against disposal of industrial waste in unauthorised places
content:
24. —(1) A person must not dispose of or cause or permit to be disposed of industrial waste in or at any place except in or at a public disposal facility or a disposal facility established pursuant to a waste disposal licence granted by the Director-General under section 23(2). [Act 5 of 2023 wef 01/07/2023] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 and to imprisonment for a term of not less than one month and not more than 12 months. (3) For the purposes of this Act, a person is said to dispose of industrial waste if the person burns, sells, gives away, discards, dumps, incinerates, deposits, processes, recycles, throws or treats such waste and “disposal” is to be construed accordingly.


document_id: epha-1987
provision_ref: s25
chapter: PART 3A - WASTE MANAGEMENT
section: 25
title: Proper storage of industrial waste
content:
25. The occupier of any work place where industrial waste is being produced must keep or store the waste before disposal in a proper and efficient manner so as not to create a nuisance or to cause any risk, harm or injury to persons or animals or is likely to pollute the environment.


document_id: epha-1987
provision_ref: s26
chapter: PART 3A - WASTE MANAGEMENT
section: 26
title: Notice requiring periodic removal of industrial waste from premises
content:
26. —(1) The Director-General may, by written notice, require the occupier of any work place to remove periodically industrial waste from such premises to a disposal facility. (2) The Director-General may, by written notice, require any occupier upon whom a notice has been served under subsection (1) to provide evidence that the industrial waste from the premises has been disposed of at a disposal facility in accordance with the notice. 27. [ Repealed by Act 15 of 2014 ]


document_id: epha-1987
provision_ref: s28
chapter: PART 3A - WASTE MANAGEMENT
section: 28
title: Industrial waste brought to disposal facility to be recycled or treated
content:
28. The Director-General may, by written notice, require the occupier of any work place to recycle or treat any industrial waste found or produced in those premises at the occupier’s own expense before it is brought to any disposal facility for disposal.


document_id: epha-1987
provision_ref: s29
chapter: PART 3A - WASTE MANAGEMENT
section: 29
title:
Dangerous substance or toxic industrial waste not to be brought to disposal facility without permission

content:
29. —(1) A person who owns or is in possession of any dangerous substance or toxic industrial waste or the residue from the treatment thereof must not bring or cause to be brought the substance or waste to any disposal facility for disposal without the written permission of the Director‑General. (2) An application for the written permission mentioned in subsection (1) must be made to the Director‑General giving details of the nature and composition of the dangerous substance or toxic industrial waste and the residue thereof. (3) In granting the permission under subsection (1), the Director‑General may, by written notice, require the owner or the person in possession of the dangerous substance or toxic industrial waste to treat such substance or waste at the owner’s or person’s own expense before it is brought to any disposal facility for disposal. (4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (5) Any waste disposal licensee who knowingly allows any dangerous substance or any toxic industrial waste or the residue from the treatment thereof to be disposed of at the disposal facility in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: epha-1987
provision_ref: s30
chapter: PART 3A - WASTE MANAGEMENT
section: 30
title: Excessive production of toxic industrial waste
content:
30. Where in the opinion of the Director‑General the quantity of toxic industrial waste produced in any work place is or is likely to be excessive or unduly toxic, he or she may by notice require the occupier of the work place to — ( a ) alter the method of operation or process used in the work place; ( b ) alter, install, repair or replace any device, equipment or plant used in the work place; ( c ) use other materials or substances other than those used in the work place; or ( d ) take any other steps that may be necessary to reduce the quantity or toxicity of such waste. General


document_id: epha-1987
provision_ref: s30A
chapter: PART 3A - WASTE MANAGEMENT
section: 30A
title:
Furnishing of information and keeping, etc., of records on waste and submission of waste reduction plan

content:
30A. —(1) The Director‑General may, by written notice from time to time, require any owner, occupier or lessee of a work place to do all or any of the following: ( a ) to furnish the Director‑General with any information on the amount, type and nature of any waste produced in that work place and any other particulars that may be specified in the notice; ( b ) to keep and maintain records containing any information on any waste produced in that work place that may be specified in the notice and retain those records for the period that may be specified in the notice; ( c ) to submit to the Director‑General any waste reduction plan for the period and containing information on the targets for waste reduction, measures to reduce waste and the progress of any waste reduction measure contained in any waste reduction plan previously submitted to the Director‑General, and any other particulars relating to waste reduction, that may be specified in the notice. [15/2014] (2) Any person who fails to comply with any notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both. [15/2014] Collection, removal, etc., of waste [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s31
chapter: PART 3A - WASTE MANAGEMENT
section: 31
title: Licensing of persons carrying on business of collecting, removing, etc., of refuse or waste
content:
31. —(1) A person must not carry on the business of collecting, removing, transporting, storing or importing refuse or waste of any description without a waste collector licence granted by the Director‑General under this section. (1A) Without limiting section 99(2), an application for the grant or renewal of a waste collector licence must — ( a ) be in the form and manner specified by the Director-General; ( b ) be accompanied by an application fee, if prescribed; and ( c ) be accompanied by any prescribed information that the Director-General requires to decide on the application, including but not limited to the following: (i) a progressive wage plan for the waste collection workers that the applicant employs who are citizens or permanent residents of Singapore, that complies with the prescribed requirements; (ii) evidence that such proportion of the waste collection workers that the applicant employs, have attended such training and at such frequency, as the Director-General may specify. [Act 5 of 2023 wef 01/07/2023] (1B) The Director-General may refuse to consider an application that is incomplete or not made in accordance with subsection (1A). [Act 5 of 2023 wef 01/07/2023] (2) The Director‑General may grant a waste collector licence authorising any person to carry on the business of collecting, removing, transporting, storing or importing refuse or waste of any description. [Act 5 of 2023 wef 01/07/2023] (3) The Director‑General may designate any person who has been granted a waste collector licence under this section as a public waste collector licensee. [Act 5 of 2023 wef 01/07/2023] (4) A waste collector licence may be granted under this section following a public tender or in any other manner that the Director‑General thinks fit. [Act 5 of 2023 wef 01/07/2023] (4A) The Director-General may subdivide waste collector licences, whether granted or renewed before, on or after the date of commencement of section 13( c ) of the Environmental Public Health (Amendment) Act 2023, into classes, such as according to the type of refuse or waste that may be collected, removed, transported, stored or imported by the waste collector licensee, and may grant or renew a waste collector licence accordingly for one or more such classes. [Act 5 of 2023 wef 01/07/2023] (5) Except as otherwise prescribed under section 99(9), the Director‑General may require any waste collector licensee to render a payment on the grant of a waste collector licence under this section or such periodic payments during the currency of the waste collector licence or both of such amount or amounts as the Director‑General may determine by or under the waste collector licence. [Act 5 of 2023 wef 01/07/2023] (6) Without limiting section 99(1), conditions attached to a waste collector licence granted under this section may include — ( a ) a condition requiring the waste collector licensee to comply with such standard of service and level of performance as the Director‑General may specify; [Act 5 of 2023 wef 01/07/2023] ( b ) a condition restricting, in a manner specified in the waste collector licence, the provision by the waste collector licensee of the service of collecting and removing refuse or waste to premises which are of a class or description so specified and to the area so specified; and [Act 5 of 2023 wef 01/07/2023] ( c ) [ Deleted by Act 5 of 2023 wef 01/07/2023 ] ( d ) a condition regulating the charge to be levied by the waste collector licensee for the provision of the service of collecting and removing refuse or waste. [Act 5 of 2023 wef 01/07/2023] [Act 5 of 2023 wef 01/07/2023] (6A) The Director-General may — ( a ) under section 99(1)( c ), impose different conditions for different classes of waste collector licences or waste collector licensees under different circumstances; and ( b ) despite section 99(13), modify any condition or add any new condition during the period to which a waste collector licence relates, if the Director-General is satisfied that it is in the public interest to do so, except that any such condition or modification must not be inconsistent with any prescribed condition referred to in section 31AA(1) or (2). [Act 5 of 2023 wef 01/07/2023] (7) Any person who collects or transports refuse or waste of any description must ensure that the refuse or waste or liquid from the refuse or waste is not dropped, scattered or spilled onto any public place. (8) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: epha-1987
provision_ref: s31AA
chapter: PART 3A - WASTE MANAGEMENT
section: 31AA
title: Prescribed conditions relating to progressive wage model for waste collection industry
content:
31AA. —(1) For the purpose of regulating and upgrading the standards and productivity in the waste collection industry in Singapore, regulations may be made under section 111 to impose conditions on waste collector licensees for the training of waste collection workers and the payment of progressive wages to waste collection workers that ensure a more engaged waste collection workforce and the retention of a core of waste collection workers who are citizens or permanent residents of Singapore (called in this section resident waste collection workers). (2) Without limiting subsection (1), the prescribed conditions referred to in that subsection may include — ( a ) conditions requiring the waste collector licensee to enter into a contract of service in writing with each waste collection worker employed by the waste collector licensee; ( b ) conditions requiring every contract of service entered into between the waste collector licensee and every resident waste collection worker to provide for the payment of a baseline wage, a progressive wage model bonus or an overtime payment to the resident waste collection worker, that — (i) is not less than the amount; and (ii) in the case of a progressive wage model bonus, is to be paid at the frequency, specified by order under section 31DA(1) for the class of waste collection workers that the resident waste collection worker belongs to; ( c ) conditions requiring the waste collector licensee to ensure that every waste collection worker employed by the waste collector licensee satisfies the training requirements as may be specified by the Director-General for the class of waste collection workers that the waste collection worker belongs to; ( d ) conditions prohibiting the waste collector licensee from deploying any individual who is not employed by the waste collector licensee to carry out any waste collection work, unless the individual is a waste collection worker employed by another waste collector licensee; and ( e ) conditions requiring the waste collector licensee to keep such records, accounts or documents relating to the business or activities that the waste collector licensee is authorised to carry out under the waste collector licence, as may be prescribed, and retain those records, accounts or documents for a prescribed period. (3) The Director-General must not exercise his or her powers under section 99(15)( c ) or ( d ) in relation to a waste collector licensee for failing to comply with any condition mentioned in subsection (2)( b ) unless the Director-General has first consulted the Commissioner for Labour. [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s31A
chapter: PART 3A - WASTE MANAGEMENT
section: 31A
title: Special administration order, etc., made on application by Agency
content:
31A. —(1) If, on an application made to the Minister by the Agency, the Minister is satisfied, in relation to any public waste collector licensee, that any one or more of the grounds specified in subsection (2) is satisfied, the Minister may make any one or more of the following orders: ( a ) a special administration order in relation to that public waste collector licensee; ( b ) an order requiring the public waste collector licensee immediately to take action or to do or not to do any act or thing in relation to that part of its business or undertaking to which its licence relates as the Minister may consider necessary; ( c ) an order appointing a person to advise the public waste collector licensee on the proper conduct of that part of its business or undertaking to which its licence relates. [15/2014] (2) The grounds mentioned in subsection (1) are — ( a ) there has been, is or is likely to be, a contravention by the public waste collector licensee of the conditions of its licence that is serious enough to make it inappropriate for the public waste collector licensee to continue to be designated a public waste collector licensee; ( b ) the public waste collector licensee is or is likely to be unable to pay its debts; ( c ) a public emergency has occurred; ( d ) the Minister considers it in the interest of the security and reliability of waste collection and removal services to the public; or ( e ) the Minister otherwise considers it in the public interest. [15/2014] (3) The Agency must immediately give notice of any application under subsection (1) to such persons and in such manner as the Agency may determine. [15/2014] (4) Any order made by the Minister under subsection (1) must be published in a manner that will secure adequate publicity. [15/2014] (5) Any decision of the Minister under subsection (1) is final. [15/2014] (6) For the purposes of this section, in the case of a public waste collector licensee which is a company, the public waste collector licensee is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018. [15/2014; 40/2018]


document_id: epha-1987
provision_ref: s31B
chapter: PART 3A - WASTE MANAGEMENT
section: 31B
title: Meaning and effect of special administration orders
content:
31B. —(1) A special administration order is an order of the Minister made in accordance with section 31A directing that, during the period for which the order is in force, the affairs, business and property of the public waste collector licensee must be managed directly or indirectly by the Agency — ( a ) for securing one or more of the purposes of such an order set out in subsection (2); and ( b ) in a manner which protects the respective interests of the members, creditors and customers of that public waste collector licensee. [15/2014] (2) The purposes mentioned in subsection (1)( a ) are — ( a ) the security and reliability of the supply of waste collection and removal services in any specified area to the public; ( b ) the survival of the public waste collector licensee, or the whole or part of its business for which it is authorised by its licence to carry on, as a going concern; ( c ) the transfer to another person, or (as respects different parts of its undertaking) to 2 or more different persons, as a going concern, of so much of the public waste collector licensee’s undertaking as it is necessary to transfer in order to ensure that the functions which have been vested in the public waste collector licensee by virtue of its licence may be properly carried out; or ( d ) the carrying out of those functions and duties which have been vested in the public waste collector licensee pending the making of the transfer and the vesting of those functions and duties in other person or persons. [15/2014] (3) The Minister may, by rules in the Gazette , give effect to this section and section 31A, including making provision for applying, omitting or modifying provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018 where a special administration order is made. [15/2014; 40/2018] [Act 31 of 2022 wef 01/11/2022]


document_id: epha-1987
provision_ref: s31C
chapter: PART 3A - WASTE MANAGEMENT
section: 31C
title: Remuneration and expenses of Agency and others
content:
31C. —(1) Where a special administration order has been made under section 31A(1)( a ), the Agency may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the public waste collector licensee to the Agency. [15/2014] (2) The Agency may, at any time, fix the remuneration and expenses to be paid by a public waste collector licensee to any person appointed by the Minister under section 31A(1)( c ), whether or not the appointment of the person has terminated. [15/2014]


document_id: epha-1987
provision_ref: s31D
chapter: PART 3A - WASTE MANAGEMENT
section: 31D
title: Restrictions on voluntary winding up, etc.
content:
31D. —(1) Despite the provisions of any other written law — ( a ) a public waste collector licensee must not be wound up voluntarily without the consent of the Agency; ( b ) no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a public waste collector licensee; ( c ) no step may be taken by any person to enforce any security over a public waste collector licensee’s property, except where that person has served on the Agency 14 days’ notice of the person’s intention to take that step; ( d ) no step may be taken by any person to enforce a judgment or an order of court obtained against a public waste collector licensee, except where that person has served on the Agency 14 days’ notice of the person’s intention to take that step; and [Act 25 of 2021 wef 01/04/2022] ( e ) no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to a public waste collector licensee, unless that person has served 14 days’ written notice of that person’s intention to make the application on the Agency. [15/2014; 40/2018] (2) The Agency must be a party to — ( a ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a public waste collector licensee; or ( b ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a public waste collector licensee. [40/2018] Provisions applicable in respect of
waste disposal licences and waste collector licences [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s31DA
chapter: PART 3A - WASTE MANAGEMENT
section: 31DA
title: Amounts specified by Commissioner for Labour for waste management industry
content:
31DA. —(1) For the purposes of the prescribed conditions referred to in sections 23A(2)( b ) and 31AA(2)( b ), the Commissioner for Labour must, by order, specify the following that must be paid to every waste management worker who is a citizen or permanent resident of Singapore: ( a ) the minimum amount of baseline wage and the date that minimum amount takes effect; ( b ) the minimum amount of overtime payment, or the manner of calculating that minimum amount, and the date that minimum amount or manner of calculation (as the case may be) takes effect; ( c ) the minimum amount of progressive wage model bonus and the frequency at which the progressive wage model bonus is to be paid, and the date that minimum amount and frequency take effect. (2) An order under subsection (1) may specify — ( a ) different minimum amounts mentioned in subsection (1)( a ); ( b ) different minimum amounts or different manner of calculating the minimum amount mentioned in subsection (1)( b ); and ( c ) different minimum amounts and different frequency of payments mentioned in subsection (1)( c ), for different classes of waste management workers, and may be varied from time to time. (3) In making an order under subsection (1), the Commissioner for Labour must consider the recommendations by the Tripartite Cluster for Waste Management on remuneration for waste management workers, if any. (4) The Commissioner for Labour must publish every order he or she makes under subsection (1) in any way he or she thinks appropriate to bring the order to the notice of persons who, in his or her opinion, ought to have notice of the order, except that failure to comply with this subsection in respect of any order does not invalidate the order. (5) The amount specified under subsection (1)( a ) takes effect for the purposes of the prescribed conditions referred to in sections 23A(2)( b ) and 31AA(2)( b ) even though the baseline wage that would have been payable to a waste management worker under any collective agreement, as defined in section 2 of the Industrial Relations Act 1960, is lower than that amount. (6) The amount specified under subsection (1)( b ) takes effect for the purposes of the prescribed conditions referred to in sections 23A(2)( b ) and 31AA(2)( b ) even though the overtime payment as provided for under the Employment Act 1968 that would have been payable to a waste management worker is lower than that amount. (7) The Director-General may, by written notice to waste disposal licensees or waste collector licensees (as the case may be), postpone the effective date specified by an order under subsection (1)( a ), ( b ) or ( c ) — ( a ) in relation to waste management workers employed (whether or not exclusively) to carry out waste collection work or waste disposal work before that effective date; and ( b ) where the Commissioner for Labour varies the order — in relation to waste management workers employed (whether or not exclusively) to carry out waste collection work or waste disposal work before the variation otherwise takes effect. (8) In this section, “Tripartite Cluster for Waste Management” means the body, comprising the representatives from employers, the trade unions of employees, and the Government, which is responsible for making recommendations on progressive wages for waste management workers. [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s31DB
chapter: PART 3A - WASTE MANAGEMENT
section: 31DB
title: Monitoring powers
content:
31DB. —(1) Subject to subsection (2), the Director-General or any authorised officer appointed under section 3(2) may, for the purpose of monitoring a licensee’s compliance with any provision of this Part or any condition of a waste collector licence or waste disposal licence, by written notice — ( a ) require the licensee to produce any records, accounts and documents kept by the licensee in relation to — (i) the business that the licensee is authorised to carry on under the waste collector licence or waste disposal licence; or (ii) the payment of remuneration to the licensee’s waste management workers, within such reasonable time as may be specified in the notice; ( b ) inspect, examine and make copies of any such records, accounts and documents so produced; and ( c ) make any inquiry that may be necessary to ascertain whether any provision of this Part or any condition of the waste collector licence or waste disposal licence, is complied with. (2) Where the Director-General or any authorised officer appointed under section 3(2) has received information or has reasonable cause to believe that an offence under this Part or a failure to comply with any condition of a waste collector licence or waste disposal licence has occurred, or is occurring or about to occur, the Director-General or authorised officer may exercise all or any of the powers mentioned in subsection (1) without having to issue any written notice. (3) Where the records, accounts and documents mentioned in subsection (1) are kept in electronic form — ( a ) the power of the Director-General or authorised officer under subsection (1)( a ) to require any such records, accounts or documents to be produced for inspection includes power to require a copy of the records, accounts or documents to be made available for inspection in legible form and subsection (1)( b ) applies accordingly in relation to any copy so made available; and ( b ) the power of the Director-General or authorised officer under subsection (1)( b ) to inspect any such records, accounts or documents includes power to require the licensee or the person who produced the records, accounts or documents on behalf of the licensee or (where the records, accounts or documents are kept at any premises) any person on those premises to give the Director-General or authorised officer any assistance that the Director-General or authorised officer may reasonably require to enable him or her to inspect and make copies of the records, accounts or documents in legible form or to make records of information contained in them. (4) Any person who fails, without reasonable excuse, to comply with any requirement imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (5) In this section, “licensee” means a waste collector licensee or waste disposal licensee. [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s31E
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31E
title: Interpretation of this Part
content:
31E. In this Part, unless the context otherwise requires — “air and ventilation networks” means — ( a ) all air and ventilation transmission pipelines or interconnected transmission pipelines; and ( b ) other devices and equipment (including pressure regulating and control valves), used or intended for, or for purposes connected with, conveying or transporting refuse or waste by air suction; “connection point” means a point situated in, or in immediate proximity to, any premises in a DPWCS area where the refuse pipeline networks are connected to the related internal assets; “District Pneumatic Waste Conveyance System” or “DPWCS” means a pneumatic waste conveyance system that is established, or required to be established, for a DPWCS area; “DPWCS area” means an area declared under section 31G(1); “DPWCS licence” means a licence granted under section 31J to — ( a ) establish, operate or maintain a pneumatic waste conveyance system for a DPWCS area; or ( b ) do any combination of 2 or more things in paragraph ( a ); “DPWCS licensee” means a person to whom a DPWCS licence is granted under this Act; “pneumatic waste conveyance system” means an automated waste collection system that conveys or transports refuse or waste by air suction from individual premises through a network of pipes to a central location for collection and that consists of — ( a ) air and ventilation networks; ( b ) refuse pipeline networks; and ( c ) related internal assets, but does not include any disposal facility; “refuse pipeline networks” — ( a ) means all valves, cables, pipes, regulators, apparatus, equipment or plant or station used for, or for purposes connected with, conveying or transporting refuse or waste by air suction; and ( b ) includes any connection point, but does not include any related internal assets; “related internal assets” means all receptacles (including screw tanks that are used for the temporary storage of refuse or waste), refuse chutes, chute chambers, pipes, valves, control cables and sensors within any premises up to but not including any connection point, that are used for, or for purposes connected with, conveying or transporting refuse or waste by air suction from within any premises to the refuse pipeline networks. [48/2018] [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s31F
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31F
title: Application of this Part
content:
31F. This Part does not apply to any premises controlled or managed by a Town Council constituted under the Town Councils Act 1988. [48/2018]


document_id: epha-1987
provision_ref: s31G
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31G
title: Declaration of DPWCS areas
content:
31G. —(1) The Minister may, from time to time, by notice in the Gazette , declare an area to be a DPWCS area where a pneumatic waste conveyance system is established, and operated or maintained, for that area under this Part. [48/2018] (2) A notice under subsection (1) must — ( a ) define the limits of the DPWCS area; or ( b ) state that a plan of the DPWCS area may be inspected at a place and within such time as is specified in the notice. [48/2018] (3) The owner or occupier of every premises within a DPWCS area declared under subsection (1) must use the pneumatic waste conveyance system established, and operated or maintained by the DPWCS licensee for the area. [48/2018] (4) 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 $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. [48/2018] (5) In proceedings for an offence under subsection (4), it is a defence for the accused to prove, on a balance of probabilities, that the accused had a reasonable excuse for failing to comply. [48/2018]


document_id: epha-1987
provision_ref: s31H
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31H
title: Changes affecting DPWCS areas
content:
31H. —(1) The Minister may, by notice in the Gazette — ( a ) revoke any declaration made under section 31G; or ( b ) modify an area declared as a DPWCS area under section 31G. [48/2018] (2) A notice under subsection (1)( b ) modifying an area declared as a DPWCS area must — ( a ) define the part of the DPWCS area that is modified; or ( b ) state that a plan of the modification of the DPWCS area may be inspected at a place and within such time as is specified in the notice. [48/2018]


document_id: epha-1987
provision_ref: s31I
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31I
title: Notice of declaration, etc.
content:
31I. —(1) Before making any declaration under section 31G(1) or revoking or modifying a declaration under section 31H, the Minister must give advance notice in the Gazette of the Minister’s intention to make, revoke or modify (as the case may be) the declaration. [48/2018] (2) The notice mentioned in subsection (1) must — ( a ) contain either of the following unless the declaration relates to the revocation of a declaration under section 31H: (i) a definition of the area that is proposed to be declared as a DPWCS area or the part of the DPWCS area that is proposed to be modified; or (ii) particulars as to where and when a plan of the proposed DPWCS area or of the part of the DPWCS area proposed to be modified may be inspected; and ( b ) specify the time (being at least 28 days after the publication of the notice in the Gazette ) within which written representations with respect to the intended declaration, or intended revocation or modification of the declaration, may be made. [48/2018] (3) The decision of the Minister after considering any written representation made within the time specified in the notice under subsection (2)( b ) is final. [48/2018] (4) If no written representation is received by the Minister within the time specified under subsection (2)( b ), or if a written representation made under that subsection is subsequently withdrawn, the Minister may immediately carry out the proposed matters specified in the notice under subsection (1). [48/2018]


document_id: epha-1987
provision_ref: s31J
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31J
title: No collection of waste or waste through DPWCS, etc., without licence
content:
31J. —(1) A person must not — ( a ) establish, operate or maintain; or ( b ) convey or transport refuse or waste through, any DPWCS without a DPWCS licence. [48/2018] (2) Without limiting section 99 — ( a ) a DPWCS licence may be granted following a public tender or in any other manner that the Director‑General thinks fit; ( b ) the Director‑General may require any DPWCS licensee to render a payment on the grant of a DPWCS licence or such periodic payments during the currency of the licence or both of such amount or amounts as the Director‑General may determine by or under the licence; and ( c ) the conditions attached to a DPWCS licence may include — (i) a condition requiring the DPWCS licensee to connect, at its own cost, any premises or part thereof within the DPWCS area covered by its DPWCS licence to the DPWCS in accordance with any specifications that the Director‑General may specify; (ii) a condition requiring the DPWCS licensee to comply with any code of practice, standard of service and level of performance that the Director‑General may specify; (iii) a condition requiring the DPWCS licensee to enter into interconnection or sharing agreements in respect of any infrastructure and facilities relating to the DPWCS upon any terms and conditions that the Director‑General may consider necessary; and (iv) the right of the Director‑General in the public interest to make modifications to any condition of the DPWCS licence or add new conditions during the period to which the licence relates. [48/2018] (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both. [48/2018]


document_id: epha-1987
provision_ref: s31K
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31K
title: Works by DPWCS licensee
content:
31K. —(1) Subject to the provisions of this Part, a DPWCS licensee may, in order to carry out the activities which it is authorised or required by its DPWCS licence to do — ( a ) install in, on, over, under, along or across any premises or street and inspect, maintain, adjust, repair, alter, restore, replace or remove any valve, cable, pipe, regulator, apparatus, equipment, plant or station which is or is to be part of the DPWCS; and ( b ) carry out any activities that are necessary or incidental to the activities falling within paragraph ( a ), including — (i) excavating any premises, street, sewer or drain; (ii) tunnelling or boring under any premises, street, sewer or drain; (iii) removing or using all earth and materials in or under any premises, street, sewer or drain; (iv) erecting or placing any valve, cable, pipe, regulator, apparatus, equipment, plant or station in or under any land or street; and (v) taking any other action that may be necessary to render any valve, cable, pipe, regulator, apparatus, equipment, plant or station safe and efficient. [48/2018] (2) A DPWCS licensee must pay to any person who has suffered damage or loss of value to the person’s property caused by any activity of the DPWCS licensee mentioned in subsection (1) such sum as may be agreed between the DPWCS licensee and the person by way of compensation. [48/2018] (3) Any person who — ( a ) hinders, obstructs or delays a DPWCS licensee in the performance of its duties or anything which the DPWCS licensee is authorised, empowered or required to do under subsection (1); or ( b ) interferes with any works authorised, empowered or required to be done by a DPWCS licensee under subsection (1), 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. [48/2018] (4) Except in the case of an emergency arising from any fault in the DPWCS, a DPWCS licensee must not carry out or cause to be carried out works mentioned in subsection (1) without first giving 14 days’ notice to the owner or occupier of the premises stating as fully and accurately as possible the nature and extent of the acts intended to be done. [48/2018] (5) In this section, a reference to a DPWCS licensee includes a reference to any employee, agent or contractor authorised by the DPWCS licensee for the purposes of this section. [48/2018] (6) To avoid doubt, nothing in subsection (1) derogates from any requirement imposed on the DPWCS licensee by or under any written law to obtain approval from the Government or a statutory authority to carry out any activity mentioned in that subsection. [48/2018]


document_id: epha-1987
provision_ref: s31L
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31L
title: Director-General may require owner or occupier to connect to DPWCS
content:
31L. —(1) The Director‑General may, by written notice, require the owner or occupier of any premises within a DPWCS area to — ( a ) reconstruct, rebuild, retrofit or modify, at the owner’s or occupier’s expense, any refuse lift, refuse chute, refuse chamber, refuse bin centre or refuse bin compartment (or any part or component of the foregoing) within the premises to conform to such specifications of the related internal assets as may be prescribed, or if not prescribed, as the Director‑General may require for the good working of the DPWCS; ( b ) maintain or operate, at the owner’s or occupier’s expense, any related internal assets according to such specifications as the Director‑General may require; ( c ) make or maintain, at the owner’s or occupier’s expense, the connection of the related internal assets to the refuse pipeline networks according to such specifications, and for such period as the Director‑General may require; and ( d ) employ or engage only persons that the Director‑General may approve to construct, reconstruct, connect, maintain the connection of, maintain or operate any related internal assets. [48/2018] (2) An owner or occupier who fails to comply with a notice of the Director‑General under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. [48/2018] (3) In proceedings for an offence under subsection (2), it is a defence for the accused to prove, on a balance of probabilities, that the accused had a reasonable excuse for failing to comply. [48/2018]


document_id: epha-1987
provision_ref: s31M
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31M
title: Connection charge
content:
31M. —(1) The owner of any premises within a DPWCS area which is connected to the DPWCS for that DPWCS area must pay to the Agency a charge known as a connection charge of such amount and payable at such time or times as the Agency may, with the approval of the Minister, by order in the Gazette , prescribe. [48/2018] (2) For the purpose of determining the amount of the connection charge under subsection (1), all the costs incurred in the construction of the DPWCS for the DPWCS area, including (but not limited to) the cost of constructing the air and ventilation networks and refuse pipeline networks, but excluding the cost of constructing the related internal assets, may be taken into consideration. [48/2018] (3) For the purposes of subsection (1), the Agency may, with the Minister’s approval, prescribe different amounts of connection charge and different times of payment for persons differently situated, including different amounts of connection charge for premises with different gross floor areas and generating different amounts of refuse. [48/2018] (4) Where the premises mentioned in subsection (1) are comprised in a strata title plan under the Land Titles (Strata) Act 1967, a reference in that subsection to the owner or occupier of the premises is deemed to refer to the management corporation constituted under that strata title plan under that Act. [48/2018]


document_id: epha-1987
provision_ref: s31N
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31N
title: Tariff
content:
31N. —(1) The owner or occupier of any premises within a DPWCS area which is connected to the DPWCS for that DPWCS area must pay to the DPWCS licensee a tariff for, or in respect of, operating or maintaining the DPWCS. [48/2018] (2) The tariff mentioned in subsection (1) — ( a ) is of such amount; and ( b ) is payable at such time or times, as the Agency may, with the approval of the Minister, by order in the Gazette , prescribe. [48/2018] (3) For the purpose of determining the amount of the tariff under subsection (2)( a ), the following factors may be taken into consideration: ( a ) the amount of refuse conveyed from the premises; ( b ) the cost of storage of the refuse conveyed from the premises; ( c ) the cost of operating, maintaining and replacing the air and ventilation networks and refuse pipeline networks of the DPWCS; ( d ) the cost of treatment of exhaust air generated by the pneumatic waste conveyance system to minimise any environmental nuisance. [48/2018] (4) For the purposes of subsection (2), the Agency may, with the approval of the Minister, prescribe different amounts of tariffs and different times of payment for persons differently situated, including different amounts of tariff for premises with different gross floor areas and generating different amounts of refuse. [48/2018] (5) Where the premises mentioned in subsection (1) are comprised in a strata title plan under the Land Titles (Strata) Act 1967, a reference to the owner or occupier of the premises is deemed to refer to the management corporation constituted under that strata title plan under that Act. [48/2018]


document_id: epha-1987
provision_ref: s31O
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31O
title: Recovery of connection charge and tariff
content:
31O. —(1) The connection charge that is payable under section 31M may be recovered by the Agency as a civil debt due to the Agency. [48/2018] (2) The tariff that is payable under section 31N may be recovered as a civil debt due to the DPWCS licensee mentioned in that section. [48/2018]


document_id: epha-1987
provision_ref: s31P
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31P
title: Duty to enquire before excavation
content:
31P. Any person who digs, bores, trenches, grades, excavates, tunnels or breaks any ground with any mechanical equipment, tool or explosive within a DPWCS area or allows the person’s employee or agent to do so, without first ascertaining the location of any refuse pipeline networks that may be interfered with, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both. [48/2018]


document_id: epha-1987
provision_ref: s31Q
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31Q
title: Damage to DPWCS
content:
31Q. —(1) Any person who, whether wilfully or otherwise — ( a ) removes, destroys or damages or causes or permits to be removed, destroyed or damaged, any part of a DPWCS; or ( b ) hinders or prevents a DPWCS from being used or operated in the manner in which it is intended to be used or operated, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 months or to both. [48/2018] (2) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. [48/2018] (3) If it appears to the Agency that there has been a contravention of subsection (1), the Agency may, by written notice, require any person who has done any of the acts mentioned in that subsection or any other person who may be liable under that subsection by virtue of section 103A (called in this section the person in default) to carry out any works that may be necessary to restore the DPWCS to its original condition, use or operation, or to replace it, within such time as may be specified in the notice. [48/2018] (4) If the Agency is of the opinion that immediate action is necessary or expedient, or that the DPWCS cannot be restored by the person in default, the Agency may, instead of issuing the notice under subsection (3) — ( a ) carry out any works that are necessary to restore the DPWCS to its original condition, use or operation, or to replace it; and ( b ) recover in a court of competent jurisdiction as a debt due to the Agency all expenses reasonably incurred in doing so from the person in default. [48/2018] (5) If the person to whom a notice is given under subsection (3) fails to comply with the notice within the time specified, the Agency may carry out the works specified in the notice in any manner that the Agency thinks fit and recover in a court of competent jurisdiction as a debt due to it all expenses reasonably incurred in doing so from the person in default. [48/2018] (6) Without affecting the right of the Agency to exercise its powers under subsection (5), any person who fails to comply with a notice given to the person under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. [48/2018] (7) In proceedings for an offence under subsection (6), it is a defence for the accused to prove, on a balance of probabilities, that the accused had a reasonable excuse for failing to comply. [48/2018]


document_id: epha-1987
provision_ref: s31R
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31R
title: Relocation, etc., of pneumatic waste conveyance system
content:
31R. —(1) Where a pneumatic waste conveyance system has been laid in, on, over, under, along or across any land within a DPWCS area and the owner or occupier of the land desires to use the land in a manner which renders it necessary or convenient that the pneumatic waste conveyance system should be moved, the owner or occupier may request the Agency to move, or cause to be moved, the pneumatic waste conveyance system accordingly. [48/2018] (2) The Agency may, at the request of the owner or occupier under subsection (1), relocate the pneumatic waste conveyance system, or cause the pneumatic waste conveyance system to be relocated, if — ( a ) the Agency is satisfied that the relocation is reasonable; and ( b ) the owner or occupier complies with any terms and conditions that the Agency may impose, including terms and conditions relating to the payment by the owner or occupier of all reasonable costs and expenses (including compensation for any loss that may be incurred by the DPWCS licensee) necessary for the relocation. [48/2018] (3) Where a pneumatic waste conveyance system has been laid in, on, over, under, upon, along or across any land within a DPWCS area and the pneumatic waste conveyance system is no longer in use by the occupier or any other person for the purposes of conveying or transporting refuse or waste by air suction, the DPWCS licensee may of its own volition or must at the reasonable request of the owner, remove the pneumatic waste conveyance system from the land at its own expense. [48/2018] (4) In this section — “owner” includes any person having a leasehold interest with an unexpired term of at least 7 years; “pneumatic waste conveyance system” means any part or section of the pneumatic waste conveyance system, other than the related internal assets. [48/2018]


document_id: epha-1987
provision_ref: s31S
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31S
title: DPWCS connections not fixtures
content:
31S. No works, apparatus, fixture, fitting or other equipment used for, for the purposes of, or in connection with, connecting, affixing or fastening the refuse pipeline networks or any part of the refuse pipeline networks to the related internal assets is deemed to be a fixture or vest in the owner of the premises on or within which the related internal assets are constructed or placed. [48/2018]


document_id: epha-1987
provision_ref: s31T
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31T
title: Exemption from distress and attachment, etc.
content:
31T. The air and ventilation networks and refuse pipeline networks of a DPWCS licensee are not subject to distress and are not liable to be taken in execution under any process of a court in any bankruptcy or insolvency proceedings against any person, or under or pursuant to any enforcement order, without the prior written approval of the Minister. [48/2018] [Act 25 of 2021 wef 01/04/2022]


document_id: epha-1987
provision_ref: s31U
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31U
title: Exclusion from requirement for waste collector licence
content:
31U. A DPWCS licensee is not, by reason only of the fact that the DPWCS licensee is in the business of conveying or transporting refuse or waste through the DPWCS under a DPWCS licence, required to hold a waste collector licence under section 31. [48/2018]


document_id: epha-1987
provision_ref: s31V
chapter: PART 3B - DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM
section: 31V
title: Application of sections 31A to 31D in relation to DPWCS licensee
content:
31V. Sections 31A to 31D apply in relation to a DPWCS licensee in the same manner as those sections apply in relation to a public waste collector licensee. [48/2018]


document_id: epha-1987
provision_ref: s31W
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 31W
title: Administration of this Part and Part 9
content:
31W. —(1) The Director‑General, Food Administration is responsible for the administration of this Part and Part 9, subject to the general or special directions of the Minister charged with the responsibility for food safety. [11/2019] (2) The Director‑General, Food Administration may, subject to the directions of the Minister charged with the responsibility for food safety, appoint any of the following individuals to be an authorised officer for the purpose of assisting the Director‑General, Food Administration in administering and carrying out the provisions of this Part and Part 9: ( a ) an employee of the Singapore Food Agency; ( b ) an employee of another statutory authority; ( c ) a public officer; ( d ) an auxiliary police officer appointed under the Police Force Act 2004. [11/2019] (3) The Director‑General, Food Administration may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General, Food Administration by any provision of this Act (except the power of delegation conferred by this subsection) to an authorised officer appointed under subsection (2); and any reference in any provision of this Act to the Director‑General, Food Administration includes a reference to such an authorised officer. [11/2019] (4) Any delegation under subsection (3) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Minister charged with the responsibility for food safety may specify. [11/2019] (5) The Director‑General, Food Administration may, for any reason that appears to him or her to be sufficient, at any time revoke a person’s appointment under subsection (2) as an authorised officer. [11/2019] (6) An individual mentioned in subsection (2)( d ) who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Singapore Food Agency. [11/2019]


document_id: epha-1987
provision_ref: s32
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 32
title: Food establishments to be licensed
content:
32. —(1) A person must not operate or use or knowingly permit a food establishment to be used for any of the purposes specified in the First Schedule without first obtaining a licence from the Director‑General, Food Administration. [11/2019] (2) Upon any conviction for contravening subsection (1), the Director‑General, Food Administration may, by written order addressed to the convicted person, require that the place or premises or any part of the place or premises where the offence took place must no longer be operated or used as a food establishment as from such date as the Director‑General, Food Administration must specify in the order. [11/2019] (3) Where the convicted person fails to comply with any order under subsection (2), the Director‑General, Food Administration — ( a ) may take any steps or measures that are necessary to ensure that the order is complied with; and ( b ) is entitled to recover from that person the costs and expenses incurred by the Director‑General, Food Administration in doing so. [11/2019]


document_id: epha-1987
provision_ref: s33
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 33
title: Licensing of hawkers operating from stalls, etc.
content:
33. A person must not — ( a ) hawk, sell or expose for sale any food or goods of any kind; or ( b ) set up or use any stall, table, showboard, vehicle or receptacle for the purpose of hawking, selling or exposing for sale any food or goods of any kind, in any street or part of the street or in any premises or public place without first obtaining a licence from the Director‑General, Food Administration. [11/2019]


document_id: epha-1987
provision_ref: s34
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 34
title: Licensing of itinerant hawkers
content:
34. —(1) A person must not act as an itinerant hawker without first obtaining a licence from the Director‑General, Food Administration. [11/2019] (2) The Director‑General, Food Administration may, subject to any conditions that he or she may think fit, permit licensed itinerant hawkers to occupy stationary positions for any period that he or she may think fit on any site or sites that may from time to time be approved by him or her for this purpose. [11/2019] (3) The Director‑General, Food Administration may prohibit itinerant hawkers from hawking in any place or places that he or she may think fit. [11/2019]


document_id: epha-1987
provision_ref: s35
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 35
title: Director‑General, Food Administration may issue temporary permits
content:
35. A person must not promote, organise or stage any temporary fair or other such function or activity without first obtaining a permit from the Director‑General, Food Administration. [11/2019]


document_id: epha-1987
provision_ref: s36
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 36
title: Licences for private markets
content:
36. A person must not use any building, situation or place as a private market without first obtaining a licence from the Director‑General, Food Administration. [11/2019]


document_id: epha-1987
provision_ref: s37
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 37
title: Persons with infectious diseases not to carry on business
content:
37. —(1) The Director‑General, Food Administration may require any person to whom a licence has been issued under this Part (called in this Part a licensee) or any assistant or employee of the licensee or any applicant for a licence under this Part to submit to medical examination. [11/2019] (2) If the licensee, assistant, employee or applicant is suffering from or is suspected to be suffering from an infectious disease or is suspected to be a carrier of the infectious disease, the Director‑General, Food Administration may require him or her to undergo treatment. [11/2019] (3) The Director‑General, Food Administration may require that treatment to be obtained at any hospital as he or she may think fit. [11/2019] (4) The Director‑General, Food Administration may require any licensee or any assistant or employee of the licensee to submit to immunisation against any infectious disease. [11/2019] (5) Every licensee must ensure that the licensee’s assistant or any person employed by the licensee is immunised against any infectious disease as required by the Director‑General, Food Administration. [11/2019] (6) The Director‑General, Food Administration may, at any time, revoke or suspend any licence issued under this Part if — ( a ) the licensee is suffering from an infectious disease; ( b ) the licensee knowingly employs any person who is suffering from or is suspected to be suffering from an infectious disease; ( c ) the licensee or the licensee’s assistant or employee refuses to comply with any requisition made by the Director‑General, Food Administration under subsection (1), (2) or (3); and ( d ) the licensee does not comply with subsection (5). [11/2019]


document_id: epha-1987
provision_ref: s38
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 38
title: Unauthorised structures
content:
38. —(1) A licensee, stall-holder or other person must not erect any extension or effect any extension to any stall, shed or other place in or out of any food establishment without the permission of the Director‑General, Food Administration or cause any obstruction in any of the passageways or other places therein. [11/2019] (2) The Director‑General, Food Administration may, by written notice, require any person who contravenes subsection (1) to remove any erection, structure or obstruction within a period specified in the notice. [11/2019]


document_id: epha-1987
provision_ref: s39
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 39
title: Cleanliness of markets and stalls
content:
39. —(1) Every licensee of a private market must keep the market in a clean and sanitary condition. (2) Every licensee of a stall must keep the stall and the immediate vicinity of the stall in a clean and sanitary condition. (3) Where, in the opinion of the Director‑General, Food Administration, a licensee of a private market or a stall‑holder has failed to comply with subsection (1) or (2) (as the case may be), the Director‑General, Food Administration may, by written notice, require the licensee, within the period that may be specified in the notice, to take any steps that the Director‑General, Food Administration may think fit for the purpose of complying with those subsections. [11/2019]


document_id: epha-1987
provision_ref: s40
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 40
title: Articles of food unfit for human consumption
content:
40. —(1) A person must not, without lawful excuse, have in the person’s possession for sale by retail any article of food intended for human consumption which is unsound or unfit for human consumption. (2) The Director‑General, Food Administration or an authorised officer may at all reasonable times — ( a ) enter into and inspect any place which is used, or which he or she has reasonable grounds for believing to be used — (i) for the sale by retail of articles of food intended for human consumption; or (ii) for the preparation or storage of such articles intended for sale; and ( b ) search any cart or vehicle or any basket, sack, bag, parcel or receptacle which he or she has reasonable grounds for believing to contain for sale by retail articles of food intended for human consumption and may examine any such articles therein. [11/2019] (3) If it appears to the Director‑General, Food Administration or an authorised officer that any such article of food is unsound or unfit for human consumption, the article may be seized by the Director‑General, Food Administration or authorised officer. [11/2019] (4) Any article of food seized may be kept or stored in the place or premises where it was seized or may at the direction of the Director‑General, Food Administration or an authorised officer be removed to any other place or, where the article is likely to decay or is deleterious to health, be destroyed. [11/2019] (5) A certificate signed by the Director‑General, Food Administration is to be accepted by a Magistrate’s Court as sufficient evidence that any article of food seized was unsound or unfit for human consumption at the time of seizure. [11/2019] (6) A person claiming any article of food seized under this section may, within 48 hours after the seizure, complain of the seizure to a Magistrate’s Court. (7) The complaint may be heard and determined by the Magistrate’s Court, which may either confirm or disallow the seizure wholly or in part, or may order any article of food seized to be returned to the owner and may order payment to be made to the owner of the article of any amount that the Court considers will compensate the owner for any loss or depreciation resulting from the seizure. (8) If within 48 hours after the seizure no complaint has been made, or if the seizure is confirmed, every article of food seized becomes the property of the Singapore Food Agency and must be destroyed or otherwise disposed of so as to prevent the article from being used for human consumption. [11/2019] (9) A person must not obstruct the Director‑General, Food Administration or an authorised officer in the exercise of his or her powers under this section or tamper with any article of food kept or stored in any place or premises under subsection (4). [11/2019]


document_id: epha-1987
provision_ref: s41
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 41
title: Cleanliness of vehicles, equipment, etc.
content:
41. —(1) Any person who uses a vehicle for the transportation of food must ensure that the surface of the vehicle with which the food is likely to come into contact is kept in a state of cleanliness, good order and condition so as to prevent any risk of contamination of the food. (2) The Director-General, Food Administration may, by written notice, require any person who uses a vehicle to transport food to use or install in or on the vehicle any device or equipment as he or she thinks fit to ensure that the food carried in or on the vehicle will not be contaminated. [11/2019]


document_id: epha-1987
provision_ref: s41A
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 41A
title: Penalties for offences under this Part
content:
41A. —(1) Any person who contravenes section 32(1), 33, 34(1), 35, 36, 37(5), 38(1), 39(1) or (2), 40(1) or (9) or 41(1) shall be guilty of an offence and — ( a ) in the case of any contravention of section 33, 34(1), 37(5), 39(2) or 41(1) — (i) the person shall be liable on conviction to a fine not exceeding $5,000; and (ii) where the person is a repeat offender, the person shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and ( b ) in the case of any contravention of section 32(1), 35, 36, 38(1), 39(1) or 40(1) or (9) — (i) the person shall be liable on conviction to a fine not exceeding $10,000; and (ii) where the person is a repeat offender, the person 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. [15/2014] (2) For the purposes of subsection (1), a person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted, or found guilty, of an offence under that subsection (called the current offence) for contravening section 32(1), 33, 34(1), 35, 36, 37(5), 38(1), 39(1) or (2), 40(1) or (9) or 41(1) — ( a ) has been convicted or found guilty on at least one other earlier occasion of an offence under that subsection for contravening the same provision as the current offence; or ( b ) has (whether before, on or after 1 April 2014) been convicted or found guilty on at least one other earlier occasion of an offence under section 42(1) in force immediately before that date for contravening the same provision as the current offence. [15/2014]


document_id: epha-1987
provision_ref: s42
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 42
title: Notice to attend Court
content:
42. —(1) Any person who contravenes any of the provisions of this Part may be arrested without warrant by any police officer or authorised officer and taken before a Magistrate’s Court. [15/2014] (2) Despite subsection (1) or any other written law for the time being in force, any police officer or authorised officer, who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and place of residence of the person arrested, may, instead of taking that person before a Magistrate’s Court or to a police station serve upon that person a notice in any form that may be prescribed under section 108 requiring that person to attend at the Court described at the hour and on the date specified in the notice. (3) For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or authorised officer may require the person arrested to furnish such evidence of identity as the officer may consider necessary. (4) A duplicate of the notice served under subsection (2) must be prepared by the police officer or authorised officer (as the case may be) and produced by him or her to a Magistrate’s Court if so required by the Court. (5) On an accused person appearing before a Magistrate’s Court pursuant to the notice, the Court is to take cognizance of the offence alleged and is to proceed as though he or she were produced before it under subsection (1). (6) If a person upon whom a notice under subsection (2) has been served fails to appear before a Magistrate’s Court in accordance with the notice, the Court is to thereupon issue a warrant for the arrest of that person. (7) Upon a person arrested pursuant to a warrant issued under subsection (6) being produced before it, a Magistrate’s Court is to proceed as though the person were produced before it under subsection (1). [Act 31 of 2022 wef 01/11/2022] (8) Any stall, together with any appliances and utensils relating thereto and the food or goods intended or exposed for sale, whether or not they appear to be abandoned, belonging or appearing to belong to or in the possession of a person appearing to be committing or to have committed an offence under this Part may be seized by any police officer or authorised officer and removed to and detained in any police station or any other place that may be approved by the Director‑General, Food Administration at the risk of the owner, to abide the directions of a Magistrate’s Court. [11/2019] (9) If any money is found, together with any food, articles, appliances or utensils seized under subsection (8), the money is deemed to be lawfully seized. (10) Any money seized under subsection (9) if it is claimed within 48 hours after the seizure by the owner of the money must be returned to the owner whether or not the owner is licensed under this Part. (11) Any cooked or uncooked food or perishable articles or goods, seized and removed under subsection (8) and likely to decay may be disposed of immediately. (12) If any abandoned articles or goods so seized and detained, other than cooked or uncooked food or perishable articles or goods already disposed of, are claimed within 48 hours after the seizure by the owner thereof (being a person licensed or otherwise lawfully entitled to set up or sell the articles or goods at the place at which the articles or goods were seized), the abandoned articles or goods must be returned to the owner. (13) Every seizure must, except when the articles, goods or money have been returned to the owner, be reported to a Magistrate’s Court. (14) The Magistrate’s Court is, on convicting any person of an offence under section 41A(1) or on receiving a report in respect of any abandoned articles which were apparently being used in connection with the sale of food or goods, to order the property seized under subsection (8) to be forfeited and to be disposed of in any manner that the Court may think fit. [15/2014] (15) The Magistrate’s Court may, on receiving a report in respect of any abandoned articles which were not apparently being used in connection with the sale of food or goods, order the property seized under subsection (8) to be forfeited and to be disposed of in any manner that the Court thinks fit. (16) If the Magistrate’s Court directs the sale of any article, the proceeds or such part of the proceeds as the Court may think fit must be paid to the Singapore Food Agency and the balance (if any) paid to the owner. [11/2019] (17) The Magistrate’s Court may, on convicting any person for an offence under section 41A(1), order any money seized under subsection (9) to be returned to the person if the person satisfies the Court that the person is the owner of the money. [15/2014] (18) The Magistrate’s Court — ( a ) on convicting any person for an offence under section 41A(1) and where the person does not satisfy the Court that the person is the owner of any money seized under subsection (9); or ( b ) on receiving a report in respect of any abandoned money, is to order that money to be forfeited and paid to the Singapore Food Agency. [15/2014; 11/2019] (19) This section applies, with the necessary modifications, to any person who contravenes any regulations made under this Act for the control of matters under this Part.


document_id: epha-1987
provision_ref: s42A
chapter: PART 4 - FOOD ESTABLISHMENTS, MARKETS AND HAWKERS
section: 42A
title: Regulations for this Part
content:
42A. —(1) The Minister charged with the responsibility for food safety may make regulations for or in respect of every purpose which the Minister considers necessary or expedient for carrying out the provisions of this Part, and in particular — ( a ) the control, regulation and supervision of markets (and anything in a market and places in the vicinity of a market) and of persons engaged or employed in a market; ( b ) the seizure and disposal of unwholesome meat, fish, fruit, vegetables or other food or drink exposed or intended for sale; ( c ) the use and management of stalls, tables or showboards set up for the sale of any goods in public streets or places of public resort; ( d ) specifying of streets, places and areas (or parts thereof) at which hawkers are prohibited; ( e ) prescribing the articles, or types or classes of articles, that may be sold from or exposed for sale in or on any stall, vehicle or other receptacle in any public street or place or by any itinerant hawker, and premises where any such article is prepared or stored and the manner in which any such article is prepared or transported; ( f ) the form and manner in which, and the time within which, an application for a licence or permit or an application to renew a licence or permit may be made, and the information and evidence required to be provided in connection with the application; and ( g ) the fees to be paid to the Singapore Food Agency in respect of applications for and the grant and renewal or late renewal of any licence or permit, and otherwise in connection with the administration of this Part, and the waiver, reduction or refund of fees charged. [11/2019] (2) In addition, the regulations made under subsection (1) may — ( a ) prescribe the offences under this Part that may be compounded, designate the officers of the Singapore Food Agency who may compound those offences and the maximum sum for which any such offence may be compoundable, which must not exceed one half of the amount of the maximum fine that is prescribed for the offence or $5,000, whichever is lower; ( b ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $20,000 and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and ( c ) provide for any transitional, saving and other consequential, incidental and supplemental provisions that are necessary or expedient. [11/2019] (3) All regulations made under this section must be published in the Gazette and be presented to Parliament as soon as possible after publication. [11/2019]


document_id: epha-1987
provision_ref: s43
chapter: PART 5 - PUBLIC NUISANCES
section: 43
title: Public nuisances to be abated
content:
43. The Director‑General may take any steps that he or she may consider necessary to remove or abate all nuisances of a public nature and may, if he or she considers that the circumstances so warrant, proceed at law against any person committing any such nuisance.


document_id: epha-1987
provision_ref: s44
chapter: PART 5 - PUBLIC NUISANCES
section: 44
title: Nuisances liable to be dealt with summarily
content:
44. For the purposes of this Act, the following are nuisances liable to be dealt with summarily under this Act: ( a ) any premises or part of the premises of such a construction or in such a state as to be a nuisance or injurious or dangerous to health; ( b ) any pool, gutter, watercourse, earth closet, cesspool, sewer, drain or sanitary conveniences in a foul state or so situate as to be a nuisance or injurious or dangerous to health; ( c ) the keeping of any animal, bird, poultry or carcase in such place or manner or in such numbers as to be a nuisance or injurious or dangerous to health; ( d ) any dust, effluvium, accumulation or deposit which is a nuisance or injurious or dangerous to health; ( e ) the issue of any fumes, vapours, gases, heat, radiation or smells in any premises which is a nuisance or injurious or dangerous to health; ( f ) any well, pool or other source, the water from which is used or likely to be used for human consumption and which is so polluted or is likely to become so polluted as to be injurious or dangerous to health; ( g ) any tank or receptacle or article capable of containing water or any well, pool, watercourse, ditch or low marshy ground which is injurious to health or offensive to the neighbourhood; ( h ) any factory or work place which is not kept in a clean state and free from effluvia arising from any sewer, drain, privy, latrine, earth closet, urinal or other nuisance; ( i ) any place where there exists, or is likely to exist, any condition giving rise, or capable of giving rise to the breeding of flies or mosquitoes; ( j ) any furnace, chimney, fireplace or other place from which is emitted smoke or other unconsumed combustible matter in such quantity or in such a manner as to be a nuisance or injurious or dangerous to health; ( k ) any brickfield, sandpit or any other kind of excavation which is injurious to health or offensive to the neighbourhood or is used for any purpose likely to be injurious to health; ( l ) any machinery, plant or any method or process used in any premises which causes a nuisance or is dangerous to public health or safety; ( m ) any place where there occurs, or from which there emanates noise or vibration as to amount to a nuisance; or ( n ) any other matter declared by this Act to be a nuisance liable to be dealt with summarily.


document_id: epha-1987
provision_ref: s45
chapter: PART 5 - PUBLIC NUISANCES
section: 45
title: Nuisance order
content:
45. —(1) On receipt of any information with respect to the existence of a nuisance liable to be dealt with summarily under this Act, the Director‑General may, if satisfied of the existence of a nuisance, serve a nuisance order on the person by whose act, default or sufferance the nuisance arises or continues, or if the person cannot be found, on the owner or occupier of the premises on which the nuisance arises. (2) A nuisance order may — ( a ) require works to be executed or things to be done that are necessary to abate the nuisance; ( b ) require works to be executed or things to be done that are necessary to prevent the recurrence of the nuisance even though the nuisance has for the time being been abated; ( c ) require the stoppage of any work either indefinitely or until such time as the steps which may be specified in the order have been taken to abate or prevent the recurrence of the nuisance; or ( d ) prohibit a dwelling house from being used for human habitation. (3) A nuisance order must, if the Director‑General thinks it desirable, specify the works to be executed by any person under subsection (2). (4) Where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the occupier or the owner of the premises, the Director‑General may cause the nuisance to be abated and may do what is necessary to prevent the recurrence of the nuisance. (5) Where a nuisance order prohibits a dwelling house from being used for human habitation, the Director‑General may, when satisfied that it has been rendered fit for human habitation, cancel the nuisance order. (6) Where a nuisance order prohibiting a dwelling house from being used for human habitation has not been cancelled, the Director‑General may make a complaint to a Magistrate’s Court if he or she is of the opinion that — ( a ) the dwelling house has not been rendered fit for human habitation; ( b ) the necessary steps are not being taken with all due diligence to render it so fit; or ( c ) the continuance of the dwelling house is dangerous or injurious to the health of the public or of the occupants of the neighbouring dwelling houses. (7) A Magistrate’s Court after hearing the complaint may make on the owner a summary order for the demolition of the dwelling house within the time and date specified in the order. (8) The order may also contain a direction that the materials of the dwelling house or any part of the materials must be destroyed. (9) Where a nuisance order prohibits a dwelling house from being used for human habitation, the Director‑General must serve notice of the order on every occupier of the dwelling house. (10) Within the period specified in the order being at least 7 days (except in case of immediate danger) after the service of the order under subsection (9), the order must be obeyed by the occupier and the occupier and his or her family must cease to inhabit the dwelling house, and in default the occupier shall be guilty of an offence and the Magistrate’s Court is, upon application by the Director‑General, to make a summary order for the ejectment of the occupier and the order may be carried into effect by any police officer. (11) Any person who fails to comply with a nuisance order served on the person under subsection (1) shall be guilty of an offence and shall be liable — ( a ) in the case of a first conviction, to a fine not exceeding $10,000 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 ) in the case of a second or subsequent 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.


document_id: epha-1987
provision_ref: s46
chapter: PART 5 - PUBLIC NUISANCES
section: 46
title: Execution of order for demolition
content:
46. —(1) Where an order for the demolition of a dwelling house has been made under section 45(7), the owner of the dwelling house must, within the time mentioned in the order, take down and remove the dwelling house and, if the order for demolition so directs and to the extent mentioned in the order, destroy the materials thereof. (2) If the owner fails to comply with subsection (1), the Director‑General or any authorised officer must proceed to take down and remove the building and (if necessary) destroy the materials, and may recover the costs of such work from the owner. (3) Section 93 applies to any sum recoverable from any owner under this section.


document_id: epha-1987
provision_ref: s46A
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46A
title: Interpretation of this Part
content:
46A. In this Part — “amended plans” means plans showing any deviation from, or any amendment or addition to, any plans of controlled works certified by the Director-General in a clearance certificate; “building” has the meaning given by section 2(1) of the Building Control Act 1989; “building works” has the meaning given by section 2(1) of the Building Control Act 1989; “clearance certificate” means a certificate described in section 46C(1) and issued under section 46E(2)( a ), and includes such certificate issued under section 46E(2)( a ) as applied by section 46G; “compliance certificate” means a certificate described in section 46I(1) and issued under section 46I(3)( a ); “controlled facility” means any of the following: ( a ) an aerosol generating system; ( b ) an aquatic facility; ( c ) a disposal facility; ( d ) a pneumatic waste conveyance system as defined in section 31E; ( e ) a toilet within any publicly accessible premises; ( f ) any other equipment or facility prescribed in regulations made under section 111; “controlled works” means any building works, or works involving the provision, extension or alteration of any controlled facility; “design certificate” means a certificate described in section 46F(1) and issued under section 46F(3)( a ); “developer”, in relation to any controlled works, means the person for whom or on whose behalf the controlled works are carried out; “environmental public health requirements” means the requirements set out in regulations made under section 111 and any prescribed codes of practice relating to the prevention, reduction or control of the spread of any infectious disease in or from, or the reduction or removal of any risk of conditions injurious or dangerous to public health being created in, any completed buildings or controlled facilities; “foundation” means that part of a building which is below or in direct contact with the ground, and through which the weight of the building and the loads acting on the building are transmitted to the ground, and includes any footing, raft or pile of the building; “plans”, in relation to any controlled works — ( a ) includes drawings, details, diagrams, digital representations generated from building information modelling, structural details and calculations showing or relating to the works; and ( b ) if prepared in electronic form, includes the medium in which the plans of the works have been stored; “registered inspector” means a person whose name is registered under section 46O(1); “site formation works” means any kind of site formation and includes earthworks for site stabilisation, the construction of foundations, basements, sub-structures, piling, underpinning, ground anchors, trenches or any other kind of ground works; “temporary compliance certificate” means a certificate issued under section 46J(1). [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46B
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46B
title: Purpose of this Part
content:
46B. —(1) The purpose of this Part is to establish a regulatory framework to prevent, reduce or control the spread of any infectious disease in or from, and to reduce or remove the risk of any conditions injurious or dangerous to public health being created in, any completed buildings and controlled facilities. (2) This Part does not limit the operation of any other written law relating to the regulation of controlled works. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46C
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46C
title: No controlled works without clearance certificate
content:
46C. —(1) Subject to sections 46D and 46F, a person must not commence or carry out, or permit or authorise the commencement or carrying out of any controlled works without a certificate (called in this Part a clearance certificate) issued by the Director-General under section 46E(2)( a ) in respect of those controlled works. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable — ( a ) on the first conviction, to a fine not exceeding $20,000 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 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 that second or subsequent conviction. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46D
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46D
title: Controlled works exempt from section 46C
content:
46D. —(1) Regulations made under section 111 may exempt from section 46C any class of controlled works for any buildings or controlled facilities that have been assessed by the Agency to pose a low risk of giving rise to the spread of any infectious disease or of harbouring conditions injurious or dangerous to public health, subject to such conditions as may be prescribed. (2) The conditions mentioned in subsection (1) may include (but are not limited to) the following: ( a ) that the plans of the controlled works must be lodged with the Director-General, in the form and manner and within the time specified by the Director-General, together with any other information or documents specified by the Director-General; ( b ) that the person who prepared the plans of the controlled works must provide to the Director-General, in the form and manner and within the time specified by the Director-General, a declaration of the matters specified by the Director-General. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46E
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46E
title: Application for clearance certificate
content:
46E. —(1) An application for a clearance certificate for any controlled works must be made to the Director-General by the developer of the controlled works, in the form and manner specified by the Director-General, and must be accompanied by the documents and information specified by the Director-General. (2) The Director-General may — ( a ) if the plans of the controlled works comply with the environmental public health requirements (except any requirements that have been waived in the particular case by the Director-General), approve the application and issue a clearance certificate, with or without conditions; ( b ) give a written direction to the developer to comply with any requirement that the Director-General may specify for the purpose of ensuring that all or any of the plans submitted to him or her comply with specified environmental public health requirements; or ( c ) disapprove the application. (3) If a direction given by the Director-General under subsection (2)( b ) is not complied with within the period specified in that direction, or such further period as may be allowed by the Director-General, the application is, at the end of that period, deemed to be disapproved by the Director-General. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46F
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46F
title: Preliminary certification of building designs
content:
46F. —(1) A developer of any controlled works to which section 46C applies who intends to carry out any part of those works (being site formation works or other prescribed works) before the issue of a clearance certificate, may apply to the Director-General for a preliminary certificate (called in this Part a design certificate). (2) An application for a design certificate must be made to the Director-General, in the form and manner specified by the Director-General, and must be accompanied by — ( a ) information on the key design parameters of the controlled works specified by the Director-General; and ( b ) any other documents and information specified by the Director-General. (3) The Director-General may — ( a ) if the key design parameters of the controlled works comply with the environmental public health requirements (except any requirements that have been waived in the particular case by the Director-General), approve the application and issue a design certificate, with or without conditions; ( b ) give a written direction to the developer to comply with any requirement that the Director-General may specify for the purpose of ensuring that the key design parameters of the controlled works comply with specified environmental public health requirements; or ( c ) disapprove the application. (4) If a direction given by the Director-General under subsection (3)( b ) is not complied with within the period specified in that direction, or such further period as may be allowed by the Director-General, the application is, at the end of that period, deemed to be disapproved by the Director-General. (5) A design certificate — ( a ) is valid for such period as the Director-General may specify, which may be extended for such further period or periods as the Director-General may specify; and ( b ) authorises the developer to carry out, during the period of its validity, such site formation works or other prescribed works as the Director-General may specify, without the need for a clearance certificate. (6) Regulations made under section 111 may prescribe what are key design parameters of any controlled works for the purposes of this section. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46G
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46G
title: New clearance certificate required for amended plans of controlled works
content:
46G. —(1) A developer of controlled works who intends to depart or deviate from any plans of those works for which a clearance certificate has been issued, must apply to the Director-General for another clearance certificate (called in this section a new certificate) for the amended plans showing the departure or deviation. (2) Section 46E(2) and (3) applies (with the necessary modifications) to applications made under subsection (1) as it applies to applications made under section 46E(1). (3) Where the Director-General has issued a new certificate pursuant to an application under subsection (1), the previous clearance certificate for the same controlled works is treated as cancelled. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46H
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46H
title: Offence to deviate from plans certified in clearance certificate
content:
46H. —(1) A person who, in carrying out any controlled works deviates, or permits or authorises the controlled works to deviate, in any material way from any plans of the controlled works for which a clearance certificate has been issued shall be guilty of an offence and shall be liable — ( a ) on the first conviction to a fine not exceeding $20,000; and ( b ) on a second or subsequent conviction to a fine not exceeding $50,000. (2) In proceedings for an offence under subsection (1) — ( a ) it is not necessary for the prosecution to prove that the accused knew that the controlled works deviate in any material way from the plans as so certified; but ( b ) it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know and could not reasonably have known of the plans. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46I
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46I
title: Compliance certificate required upon completion of controlled works
content:
46I. —(1) Upon the completion of any controlled works the plans (including any amended plans) of which have been certified in a clearance certificate, the developer of the controlled works must apply to the Director-General for a further certificate (called in this Part a compliance certificate) that the controlled works have been completed in accordance with — ( a ) the plans as so certified; and ( b ) the conditions (if any) in the clearance certificate. (2) The Director-General may, on an application under subsection (1), require the developer or a registered inspector appointed by the developer to inspect the completed controlled works and submit a report stating whether the controlled works have been completed in accordance with subsection (1)( a ) and ( b ). (3) The Director-General may, after considering the application under subsection (1) and any report submitted under subsection (2) — ( a ) issue (subject to any conditions that he or she thinks fit) a compliance certificate if the controlled works have been completed in accordance with subsection (1)( a ) and ( b ) (except for any non-compliance that has been waived in a particular case by the Director-General); ( b ) give a written direction to the developer to comply within a specified period with any requirement that the Director-General may specify for the purpose of ensuring that the controlled works have been completed in accordance with subsection (1)( a ) and ( b ); or ( c ) disapprove the application. (4) Without limiting subsection (3)( b ), a direction may require specified work or alteration to be carried out at the expense of the developer, within a specified period and to the satisfaction of the Director-General. (5) If a direction is not complied with within the period specified in that direction, or such further period as may be extended by the Director-General, the application under subsection (1) is, at the end of that period, deemed to be disapproved by the Director-General. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46J
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46J
title: Temporary compliance certificate
content:
46J. —(1) Where an application has been made under section 46I for a compliance certificate for any controlled works, the Director-General may, before issuing the compliance certificate, issue a temporary compliance certificate in the first instance. (2) A temporary compliance certificate is valid for such period as the Director-General may specify, and may be issued subject to conditions including (but not limited to) a condition that the developer of the controlled works comply with any written direction mentioned in section 46I(3)( b ). (3) For the purposes of subsection (2), section 46I(3)( b ) and (4) applies (with the necessary modifications) to that subsection. (4) A temporary compliance certificate is only prima facie evidence that the building that is the subject of the controlled works or in relation to which those works are done, has met the minimum environmental public health requirements that the Director-General considers necessary for occupation, and is not evidence that the controlled works have been completed in accordance with section 46I(1)( a ) and ( b ). (5) The Director-General may amend, suspend or, in the event of a failure to comply with any condition imposed under subsection (2), revoke any temporary compliance certificate. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46K
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46K
title: Consequences of providing false or misleading information, etc.
content:
46K. —(1) Any person who, for the purpose of obtaining any certificate under this Part, provides to the Director-General any plan, declaration, document or other information that is false or misleading in a material particular, shall be guilty of an offence and shall be liable — ( a ) on the first conviction to a fine not exceeding $20,000; and ( b ) on a second or subsequent conviction to a fine not exceeding $50,000. (2) The Director-General may at any time revoke any certificate issued under this Part (including, to avoid doubt, a temporary compliance certificate), if the Director-General is satisfied that any plan, declaration, document or other information provided to him or her for the purpose of obtaining the certificate is false or misleading in a material particular. (3) Where a clearance certificate has been revoked under subsection (2), any compliance certificate or temporary compliance certificate issued in respect of the same controlled works is also treated as revoked. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46L
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46L
title: Appeals under this Part
content:
46L. —(1) Any person who is aggrieved by a decision of the Director-General (called in this section a relevant decision) — ( a ) to disapprove an application under section 46E(2)( c ), 46F(3)( c ) or 46I(3)( c ) (except, to avoid doubt, any such application that is deemed to be disapproved); ( b ) to impose conditions under section 46E(2)( a ), 46F(3)( a ), 46I(3)( a ) or 46J(2) on the grant of a certificate; or ( c ) to revoke any certificate under section 46J(5) or 46K(2), may, within 14 days after the person receives the relevant decision, apply to the Director-General to reconsider the relevant decision. (2) The application must be made by giving a written notice to the Director-General for reconsideration that states precisely the grounds of the person’s objections to the relevant decision. (3) After considering the written notice for reconsideration, the Director-General may do any of the following (called in this section the reconsidered decision): ( a ) confirm or rescind the relevant decision; ( b ) substitute or vary the relevant decision, and make any decision that the Director-General is competent to make under the provisions mentioned in subsection (1)( a ), ( b ) and ( c ). (4) The Director-General’s reconsidered decision must be given in writing to the person that requested the reconsideration. (5) If the person remains aggrieved by the reconsidered decision, the person may, within 14 days after the person receives the reconsidered decision, appeal in writing to the Minister. (6) After considering the appeal, the Minister may — ( a ) confirm or rescind the reconsidered decision; or ( b ) substitute or vary the reconsidered decision, and make any decision that the Director-General is competent to make under the provisions mentioned in subsection (1)( a ), ( b ) and ( c ). (7) The Minister’s decision on the appeal is final. (8) The Minister’s decision on the appeal must be given to the appellant in writing. (9) A relevant decision takes effect despite any request for a reconsideration of the relevant decision, unless the Director-General otherwise directs; and a reconsidered decision takes effect despite any appeal against the reconsidered decision under subsection (5), unless the Minister otherwise directs. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46M
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46M
title: Designation of persons to hear appeals
content:
46M. —(1) The Minister may designate — ( a ) any Minister of State, Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary, for his or her Ministry; or ( b ) any public officer in his or her Ministry, to hear and determine (in the Minister’s place) any appeal under section 46L. (2) Any reference in section 46L to the Minister includes a reference to the Minister of State, Senior Minister of State, Parliamentary Secretary, Senior Parliamentary Secretary or public officer so designated under subsection (1). [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46N
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46N
title: Use of electronic service for making applications, etc.
content:
46N. —(1) The Director-General may permit — ( a ) an application to him or her under this Part; or ( b ) a lodgment of any document or information with him or her for the purposes of this Part, to be made through the electronic service described in section 42AA of the Building Control Act 1989. (2) Where a person uses the electronic service mentioned in subsection (1) to make an application to or a lodgment with the Director-General, the Director-General may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application or lodgment, by sending it to the person’s account with the electronic service. (3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service. (4) This section applies despite anything to the contrary in this Act. (5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s46O
chapter: PART 5A - ENVIRONMENTAL PUBLIC HEALTH
section: 46O
title: Registration, appointment and duties of registered inspectors
content:
46O. —(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) Regulations made under section 111 may 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. [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s47
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 47
title: Premises in unwholesome state
content:
47. Where the Director‑General is of the opinion that any premises, whether tenantable or otherwise, or any part of the premises are in an unclean, grimy, neglected, unkempt or insanitary condition, he or she may by a written order direct the owner or occupier of the premises to take all or any of the following measures at the expense of that owner or occupier within a time and date to be specified in the order: ( a ) remove all rank or noisome vegetation, refuse or other matter within those premises or part of those premises, or in the immediate vicinity of those premises, to such place or otherwise dispose of it at such place, as may be specified in the order; ( b ) cleanse the premises or part of the premises internally or externally, or both internally and externally, and if necessary disinfect it.


document_id: epha-1987
provision_ref: s48
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 48
title: Destruction of rats, wasps, bees, etc.
content:
48. —(1) Where the Director‑General is of the opinion that — ( a ) any premises are so infested with rats, mice, insects or other vermin; or ( b ) there exist, in any premises, wasps, bees, hornets or other insects capable of stinging and the Director‑General is of the opinion that there is a probability, risk or danger that the persons in those premises or in the vicinity of those premises may be stung by them, or if any of those persons has been stung by them, the Director‑General may, by written notice, require the owner or occupier of the premises at the owner’s or occupier’s own expense to take any measures that the Director‑General may consider necessary, within such time and date as may be specified in the notice, for the destruction of the rats, mice, wasps, bees, hornets or other insects or vermins, for the removal of their breeding places and for preventing their reappearance. (2) Where wasps, bees, hornets or other insects capable of stinging exist in any vacant premises and the owner cannot by the exercise of reasonable diligence be found, and the Director‑General is of the opinion that persons in the vicinity of the premises are in imminent danger of being stung by them, or if those persons have been stung by them, the Director‑General may enter upon the premises and take any measures that he or she considers necessary for their destruction, for the removal of their breeding places and for preventing their reappearance. (3) The costs and expenses incurred under subsection (2) must be borne by the Agency.


document_id: epha-1987
provision_ref: s49
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 49
title: Closing and demolition, etc., of insanitary dwellings
content:
49. —(1) Where the Director‑General is of the opinion that any building or part of the building or anything attached to a building used or occupied as a dwelling house is unfit for human habitation and cannot be rendered fit therefor without the removal, alteration or demolition in whole or in part of any partition, compartment, loft, gallery, pent roof, outhouse or other structure or erection or without the execution of any alterations or structural operations that he or she may specify, the Director‑General may, by written notice, require the owner thereof to carry into effect all or any of the following: ( a ) the removal, alteration or demolition of the whole or a part of the partitions or other erections or obstructions complained of; ( b ) the execution of any operations or structural alterations that are necessary to render the premises fit for human habitation and to guard against danger of disease. (2) The notice must give at least 24 hours in advance for the commencement of the operation enjoined and must specify the period within which the operation must be completed. (3) A person must not, without the express written permission of the Director‑General, replace any partition, erection or obstruction removed under subsection (1) and the Director‑General or any authorised officer may enter upon such premises and remove the partition, erection or obstruction. (4) The Director‑General may also, by notice to be posted in a conspicuous position upon the building, require the owner or occupier (as the case may be) to cease to inhabit the building and to remove all goods, furniture and effects from the building within 48 hours from the posting of the notice. (5) The owner and every occupying tenant must thereupon comply with the requirements of the notice. (6) At the expiry of 48 hours from the posting of the notice mentioned in subsection (4), the Director‑General or any authorised officer may remove all goods, furniture and effects from the building.


document_id: epha-1987
provision_ref: s50
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 50
title: Overcrowding of houses
content:
50. A person must not permit a house to be so overcrowded as in the opinion of the Director‑General to be injurious or dangerous to the health of the residents of the house. Sanitary conveniences, drains, sewers and wells


document_id: epha-1987
provision_ref: s51
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 51
title: Public toilets
content:
51. The Director‑General may provide and maintain in proper and convenient locations toilets for public use and may charge a fee for the use of those toilets or may license those toilets for such periods and on payment of such fees as he or she may think fit.


document_id: epha-1987
provision_ref: s52
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 52
title: Insufficient and defective sanitary conveniences
content:
52. —(1) If it appears to the Director‑General that — ( a ) any building or part of the building is without sufficient sanitary conveniences; or ( b ) any sanitary conveniences provided for or in connection with a building or part of the building are in such a state as to be prejudicial to health or a nuisance and cannot without reconstruction be put into a satisfactory condition, the Director‑General must, by written notice to the owner of the building, require the owner to provide the building or any part of the building with any sanitary conveniences that may be necessary for the use of persons using the building. (2) The Director‑General may, in his or her discretion, by written notice to the owner of any building or part of the building, require the owner to re-site any toilet attached thereto.


document_id: epha-1987
provision_ref: s53
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 53
title: Repairs
content:
53. If it appears to the Director‑General that any sanitary conveniences provided for or in connection with a building or part of the building are in such a state as to be defective or prejudicial to health or a nuisance, but that they can without reconstruction be put into a satisfactory condition, the Director‑General must, by written notice, require the owner or occupier of the building to execute such works or to take such steps by cleansing the sanitary conveniences or otherwise as may be necessary for that purpose.


document_id: epha-1987
provision_ref: s54
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 54
title: Sanitary conveniences in work premises or work place
content:
54. —(1) Any premises which are used as work premises or work place must be provided — ( a ) with adequate sanitary conveniences sited at any locations that the Director‑General may think fit, having regard to the number of persons employed in, or in attendance at, the work premises or work place; and ( b ) where persons of both sexes are employed or in attendance, with adequate separate sanitary conveniences for persons of each sex, unless the Director‑General is satisfied that in the circumstances of any particular case the provision of those separate sanitary conveniences is unnecessary. (2) If it appears to the Director‑General that subsection (1) has not been complied with in the case of any work premises or work place, he or she must, by written notice, require the owner or the occupier of the work premises or work place (as the case may be) to — ( a ) make such alterations in the existing sanitary conveniences; and ( b ) provide such additional sanitary conveniences as may be necessary.


document_id: epha-1987
provision_ref: s55
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 55
title: Care of sanitary conveniences
content:
55. —(1) The owner and the occupier of every building in or in connection with which a toilet or urinal is provided must cause the flushing apparatus thereof to be kept supplied with water sufficient for flushing. (2) Where sanitary conveniences are used in common by the members of 2 or more families or by members of the public or by employees, the owner, occupier, chief or principal tenant or the person in charge of the building concerned (as the case may be) must maintain the sanitary conveniences in a clean and hygienic manner without causing any nuisance to sight or smell.


document_id: epha-1987
provision_ref: s56
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 56
title: Inadequate bathroom facilities
content:
56. If it appears to the Director‑General that any building or part of the building is without any bathroom or without adequate facilities for bathing, he or she may, by written notice to the owner of the building, require the owner to provide the building with one or more bathrooms or with such facilities for bathing as the Director‑General may consider adequate.


document_id: epha-1987
provision_ref: s57
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 57
title: Construction and maintenance of private drains
content:
57. —(1) The Director‑General may, by written notice, require the owner of any land or the owner of adjoining lands, at the expense of the owner to — ( a ) construct such drain or number of drains as the Director‑General may consider necessary in accordance with such specifications as the Director‑General may think fit; and ( b ) maintain and keep in a clean and sanitary condition any drain or drains so constructed or any other existing drain or drains in such land. (2) For the purpose of ensuring a free flow of water, the Director‑General may cause one or more drains to be constructed through, across or under any land after giving written notice in that behalf to the owner of the land, doing as little damage as may be and making full compensation for any damage done. (3) If any dispute arises concerning the amount or apportionment of compensation, it must be settled in the manner provided in section 89.


document_id: epha-1987
provision_ref: s58
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 58
title: Drains, etc., to be kept in order at cost of owners
content:
58. —(1) All drains or any appurtenance thereof must be altered, repaired and kept in proper order at the expense of the owners of the land and buildings to which the drains or appurtenance belong or for the use of which they are maintained. (2) The Director‑General may, by written notice, require the owner of any land or building to alter, repair or put any drain or any appurtenance thereof in good order in the manner required by the Director‑General. (3) In any case where an authorised officer is satisfied that an emergency exists and that it is necessary immediately to alter, repair or put in good order and condition any drain or any appurtenance thereto, the authorised officer may — ( a ) enter with any assistants and workmen that are necessary upon any land or building; and ( b ) do or cause to be done any alterations, repairs, works, acts or things that are necessary for any of the purposes under this subsection. (4) The expenses reasonably and necessarily incurred in so doing may be recovered from the person who is the owner of the land or building when the work is completed, and in default of agreement the amount of such expenses may be determined under section 89, and section 92 applies to the amount for which judgment is given. (5) Any person who constructs, rebuilds or unstops any drain or any appurtenance thereto, which has been ordered by the Director‑General to be demolished or stopped up or not to be made shall be guilty of an offence.


document_id: epha-1987
provision_ref: s59
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 59
title: Restriction on construction of wells, etc.
content:
59. —(1) A person other than the owner or occupier of an agricultural or horticultural holding must not, without the previous permission of the Director‑General, open, dig or otherwise construct or permit or allow to be opened, dug or otherwise constructed any well, tank or reservoir, the water in which is likely to be used for drinking, domestic or other purposes. (2) For the purposes of subsection (1), any well within the curtilage of any dwelling house is deemed to be likely to be used for drinking or domestic purposes. (3) If the owner or occupier of any agricultural or horticultural holding opens, digs or otherwise constructs or permits or allows to be opened, dug or otherwise constructed any well, tank or reservoir, the owner or occupier must report the opening, digging or construction of the well, tank or reservoir (as the case may be) within one month thereof to the Director‑General. (4) The Director‑General may give to the owner or occupier of any premises notice to close any well, tank or reservoir, the water in which is likely to be used for drinking or domestic purposes and may by the notice specify any works to be executed for such purpose within a time and date to be specified in the notice, and the owner or occupier must comply with the terms of the notice. General health requirements for buildings


document_id: epha-1987
provision_ref: s60
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 60
title: Publicly accessible premises to be kept clean, etc.
content:
60. —(1) The manager of any publicly accessible premises must — ( a ) regularly clean, and keep clean and in good repair, the premises; ( b ) keep the premises free of conditions that may endanger the lives or health of the manager’s employees or other users of the premises; and ( c ) where the premises are specified premises, comply with the additional requirements relating to specified premises under this Act. [33/2020] (2) Where, in the opinion of the Director‑General, the manager of any publicly accessible premises fails to comply with subsection (1)( a ), ( b ) or ( c ), the Director‑General may, by written notice, require the manager within such period as may be specified in the notice to take any steps that the Director-General may think fit. [33/2020] (3) In the case of any publicly accessible premises that are air‑conditioned, the Director‑General may, by written notice — ( a ) prescribe temperature and humidity controls for the air‑conditioned premises; and ( b ) require the manager of the premises — (i) to install automatic devices for recording the temperature and humidity level in the premises; and (ii) to keep such records and charts of the temperature and humidity level in such premises as the Director‑General may direct for the inspection of the Director‑General. [33/2020]


document_id: epha-1987
provision_ref: s61
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 61
title: Director-General may require employers to provide mess rooms, etc.
content:
61. The Director‑General may, in his or her discretion, by written notice, require any employer to provide for the employer’s employees, if in the opinion of the Director‑General the conditions or circumstances under which the employees work so warrant, suitable and sufficient facilities by way of mess rooms, rest rooms, canteens, changing rooms or pantries or to improve upon the same if the Director‑General considers the existing facilities inadequate.


document_id: epha-1987
provision_ref: s61A
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 61A
title: Environmental Control Coordinators and Environmental Control Officers
content:
61A. —(1) An individual must not act as an Environmental Control Coordinator or an Environmental Control Officer unless the individual is registered as such, and the registration is not suspended, under this Act. [33/2020] (2) The Director-General may — ( a ) subject to any condition that the Director‑General thinks fit to impose, register any individual as an Environmental Control Coordinator or an Environmental Control Officer; or ( b ) refuse such registration. [33/2020] (3) The Director-General may, by written notice, suspend or cancel the registration of an Environmental Control Coordinator or an Environmental Control Officer (called in this section a registered person) if — ( a ) the registered person procured the registration by providing any particulars, document or information, or by making any statement or representation, to the Director‑General which is false or misleading in any material particular; or ( b ) the Director-General is satisfied that the registered person has contravened any of the following: (i) any provision of this Act; (ii) any regulations made under section 111; (iii) any applicable code of practice or standard of performance; (iv) any condition of the registration. [33/2020] (4) The Director-General must, before suspending or cancelling the registration of a registered person under subsection (3), give the registered person a written notice of the Director‑General’s intention to do so and an opportunity to submit reasons, within the period specified in that notice, as to why the registration should not be suspended or cancelled. [33/2020] (5) Any individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) for a first offence, to a fine not exceeding $5,000; and ( b ) for a second or subsequent offence, to a fine not exceeding $10,000. [33/2020]


document_id: epha-1987
provision_ref: s61B
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 61B
title: Appeal against decisions made under section 61A
content:
61B. —(1) Any individual who is aggrieved by the Director‑General’s decision to — ( a ) impose any condition on the individual’s registration as an Environmental Control Coordinator or an Environmental Control Officer under section 61A(2)( a ); ( b ) refuse the registration of the individual under section 61A(2)( b ); or ( c ) suspend or cancel the individual’s registration under section 61A(3), may, within 14 days after the individual receives the decision, appeal in writing to the Minister. [33/2020] (2) After considering the appeal, the Minister may — ( a ) confirm the Director-General’s decision; ( b ) rescind the Director-General’s decision; or ( c ) substitute or vary the Director-General’s decision and make any decision which the Director‑General is competent to make under section 61A(2) or (3), as the case may be. [33/2020] (3) The Minister’s decision on the appeal is final. [33/2020] (4) The Minister’s decision on the appeal must be given to the appellant. [33/2020] (5) Where an appeal is made under subsection (1) against any decision of the Director‑General under section 61A(3), the execution of that decision must be stayed until the outcome of the appeal. [33/2020]


document_id: epha-1987
provision_ref: s62
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 62
title: Appointment of Environmental Control Officer in construction site
content:
62. —(1) This section applies to any class or description of construction sites that the Agency may, with the approval of the Minister by order in the Gazette , specify. (2) The occupier of any construction site to which this section applies must appoint a registered Environmental Control Officer for the construction site. [33/2020] (3) Despite subsection (2), where a construction site has more than one occupier, the Director‑General may, by written notice, require the developer of that construction site to appoint a registered Environmental Control Officer for that construction site, and the developer must ensure that a registered Environmental Control Officer is appointed for the construction site until the completion of the works in that construction site. [15/2014; 33/2020] (4) A registered Environmental Control Officer appointed for a construction site under this section must be so appointed on a full‑time or part-time basis, as may be specified in the order under subsection (1), for the purpose of exercising general supervision within the construction sites of the observance of the provisions of this Act, the Control of Vectors and Pesticides Act 1998, the Environmental Protection and Management Act 1999 and the Sewerage and Drainage Act 1999, and any regulations made under those Acts. [26/2007; 33/2020]


document_id: epha-1987
provision_ref: s62A
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 62A
title:
Appointment of Environmental Control Coordinator or Environmental Control Officer for specified premises

content:
62A. —(1) This section applies to premises for which an environmental sanitation programme is required (called specified premises). [33/2020] (2) The Agency may, with the approval of the Minister, by order in the Gazette — ( a ) designate as specified premises any publicly accessible premises (or class of publicly accessible premises); ( b ) designate as specified premises any of the following premises (or class of premises) that are not publicly accessible: (i) any premises (or class of premises) owned, managed or occupied by the Government or a statutory body; (ii) any premises (or class of premises) used, or intended to be used, for a commercial or an industrial purpose, or for mixed purposes the predominant purpose of which is either a commercial or an industrial purpose; (iii) any recreational facility or class of recreational facilities; (iv) any common property (or class of common property) of any residential premises (or class of residential premises), or of any premises (or class of premises) mentioned in sub‑paragraph (ii); (v) any premises (or class of premises) for which an environmental sanitation programme is assessed to be necessary to minimise or alleviate the risk of, or to prevent or manage, an outbreak or a spread of any infectious disease; ( c ) designate any class, description or type of specified premises for which an Environmental Control Coordinator must be appointed; and ( d ) designate any class, description or type of specified premises for which an Environmental Control Officer must be appointed. [33/2020] (3) The manager of any specified premises must — ( a ) where the specified premises are of a class, description or type for which an Environmental Control Coordinator must be appointed — appoint a registered Environmental Control Coordinator as the Environmental Control Coordinator for that specified premises; or ( b ) where the specified premises are of a class, description or type for which an Environmental Control Officer must be appointed — appoint a registered Environmental Control Officer as the Environmental Control Officer for that specified premises. [33/2020] (4) For the purposes of subsection (3), the manager of the specified premises may appoint himself, herself or itself as the Environmental Control Coordinator or Environmental Control Officer (as the case may be) for the specified premises in accordance with that subsection if the manager is registered as such under this Act. [33/2020] (5) Any person that contravenes subsection (3)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction — ( a ) for a first offence, to a fine not exceeding $5,000; and ( b ) for a second or subsequent offence, to a fine not exceeding $10,000. [33/2020]


document_id: epha-1987
provision_ref: s62B
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 62B
title: Environmental sanitation programme for specified premises
content:
62B. —(1) The Environmental Control Coordinator or Environmental Control Officer for any specified premises must, in accordance with the applicable codes of practice and standards of performance and any regulations made under section 111 — ( a ) develop an environmental sanitation programme for the specified premises; ( b ) where the Director-General requires the environmental sanitation programme to be amended, amend that environmental sanitation programme in the manner directed by the Director‑General in writing; ( c ) review and update the environmental sanitation programme in the manner required by the applicable codes of practice or standards of performance; ( d ) submit the developed, amended or updated (as the case may be) environmental sanitation programme to the manager of the specified premises; ( e ) monitor the implementation of the developed, amended or updated (as the case may be) environmental sanitation programme; ( f ) identify and notify the manager of any default in the implementation of the environmental sanitation programme; and ( g ) recommend remedial measures to address any default in the implementation of the environmental sanitation programme. [33/2020] (2) The manager of the specified premises must, in accordance with any regulations made under section 111 — ( a ) endorse and submit to the Director-General the environmental sanitation programme mentioned in subsection (1)( d ) (or, where section 62A(4) applies, the environmental sanitation programme developed, amended or updated (as the case may be) by the manager in the manager’s capacity as the Environmental Control Coordinator or Environmental Control Officer for the specified premises); ( b ) implement that environmental sanitation programme upon endorsing it; and ( c ) implement any remedial measures recommended under subsection (1)( g ). [33/2020] (3) Any manager that contravenes subsection (2)( a ), ( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction — ( a ) for a first offence, to a fine not exceeding $5,000; and ( b ) for a second or subsequent offence, to a fine not exceeding $10,000. [33/2020] (4) In this section, “implement”, in relation to an environmental sanitation programme or remedial measures, includes the carrying out of activities and measures specified in the environmental sanitation programme or remedial measures (as the case may be), and “implementation” is to be construed accordingly. [33/2020]


document_id: epha-1987
provision_ref: s62C
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 62C
title: Power to give directives
content:
62C. —(1) The Director-General may, with the approval of the Minister, give a directive in such form and manner as the Director‑General thinks fit, in respect of any premises or class of premises (called in this section the relevant premises), or any public service vehicle or class of public service vehicles (called in this section the relevant vehicle) if it appears to the Director‑General that — ( a ) the use of the relevant premises or the operation of the relevant vehicle is likely to endanger the health of any person and the directive is necessary to prevent or manage that risk; or ( b ) the directive is necessary to prevent or manage the outbreak or spread of any infectious disease. [33/2020] (2) A directive given under subsection (1) must be complied with by the following persons (called in this section the responsible person): ( a ) where the directive applies to any relevant premises — the manager of those premises; ( b ) where the directive applies to any relevant vehicle — the operator of that vehicle. [33/2020] (3) Without limiting subsection (1), a directive given under that subsection may require the responsible person to do all or any of the following: ( a ) close the relevant premises, or any part of the relevant premises, for a period not exceeding 14 days for the purpose of cleaning or disinfecting the relevant premises, or any part of the relevant premises; ( b ) clean or disinfect the relevant premises or the relevant vehicle in the manner and within the time specified in the directive; ( c ) provide every individual who is to carry out the cleaning or disinfecting of the relevant premises or relevant vehicle with appropriate personal protective equipment, and ensure that the individual wears the personal protective equipment when carrying out the cleaning or disinfecting work. [33/2020] (4) The Director-General may, with the approval of the Minister, by written notice, renew any directive mentioned in subsection (3)( a ) for any period (not exceeding 14 days each time) specified in the notice. [33/2020] (5) Where a directive under subsection (1) or a notice of renewal under subsection (4) applies to or affects a class of responsible persons, it may be published in any manner that the Director‑General thinks necessary for bringing it to the notice of those responsible persons. [33/2020] (6) Any responsible person that fails to comply with a directive given under subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) for a first offence, to a fine not exceeding $5,000; and ( b ) for a second or subsequent offence, to a fine not exceeding $10,000. [33/2020] (7) Without affecting any proceedings under subsection (6), if a responsible person fails to comply with any directive given under subsection (1) — ( a ) the Director-General may without warrant and with such force as may be necessary, enter the relevant premises or the relevant vehicle and take or cause to be taken any steps which the Director‑General considers to be necessary to secure compliance with the directive; and ( b ) the responsible person is liable for any costs and expenses incurred by the Director‑General in exercise of the powers conferred under paragraph ( a ). [33/2020] (8) A reference in this section to a directive given under subsection (1) includes, where subsection (4) applies, a reference to the renewed directive under subsection (4). [33/2020]


document_id: epha-1987
provision_ref: s62D
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 62D
title: Monitoring powers for purposes of sections 62A, 62B and 62C
content:
62D. —(1) The Director-General or an authorised officer appointed under section 3(2) may, by written notice — ( a ) inspect any specified premises, for the purposes of administering or enforcing section 62A or 62B or ascertaining whether that section has been complied with; or ( b ) inspect any premises or public service vehicle in respect of which a directive is given under section 62C(1), for the purpose of ascertaining whether the directive has been complied with. [33/2020] (2) The Director-General or an authorised officer appointed under section 3(2) may also, by written notice, require the Environmental Control Coordinator or Environmental Control Officer for any specified premises to provide, within a reasonable period, and in the form and manner specified in the notice, all documents and information which — ( a ) relate to any matter which the Director‑General or authorised officer considers necessary for the purposes of administering or enforcing section 62A or 62B or ascertaining whether that section has been complied with; and ( b ) are — (i) within the knowledge of the Environmental Control Coordinator or Environmental Control Officer; or (ii) in the custody or under the control of the Environmental Control Coordinator or Environmental Control Officer. [33/2020] (3) The power to require an Environmental Control Coordinator or an Environmental Control Officer to provide any document or information under subsection (2) includes the power — ( a ) to require the Environmental Control Coordinator or Environmental Control Officer to provide an explanation of the document or information; ( b ) if the information is recorded otherwise than in legible form, to require the information to be made available in legible form to the Director‑General or an authorised officer appointed under section 3(2); and ( c ) if the document or information is not provided, to require the Environmental Control Coordinator or Environmental Control Officer to state, to the best of his or her knowledge and belief, where it is and how it may be obtained. [33/2020] (4) The Director-General or an authorised officer appointed under section 3(2) is entitled without payment to make and retain copies of any document or information provided to the Director‑General or authorised officer under subsection (2). [33/2020] (5) Any individual who, without reasonable excuse, fails to do anything required of the individual by a notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [33/2020] (6) For the purposes of subsection (5), it is a reasonable excuse for an individual to refuse or fail to provide any document or information which the individual is required by a notice under subsection (2) to provide if doing so might tend to incriminate that individual. [33/2020]


document_id: epha-1987
provision_ref: s62E
chapter: PART 6 - INSANITARY PREMISES, SANITARY CONVENIENCES,
section: 62E
title: Application to Government
content:
62E. Sections 60 to 62D apply to any premises owned, managed or occupied by the Government and any public service vehicle owned or operated by the Government. [33/2020]


document_id: epha-1987
provision_ref: s63
chapter: PART 7 - AQUATIC FACILITIES
section: 63
title: Licensable aquatic facilities
content:
63. —(1) The owner or occupier of any premises in or on which a licensable aquatic facility is located, must not use or operate, or allow the use or operation of, the licensable aquatic facility unless that owner or occupier holds a valid aquatic facility licence for that purpose. [33/2020] (2) Any person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) for a first offence, to a fine not exceeding $5,000; and ( b ) for a second or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both. [33/2020]


document_id: epha-1987
provision_ref: s64
chapter: PART 7 - AQUATIC FACILITIES
section: 64
title: Prohibition of use or operation of aquatic facility
content:
64. —(1) The Director-General may, by written notice (called in this section the cessation notice), require the cessation (immediately or within the time specified in the cessation notice) of the use or operation of any aquatic facility or class of aquatic facilities (called in this section the relevant aquatic facility) for all or any of the purposes specified in subsection (2) if — ( a ) it appears to the Director‑General that — (i) the use or operation of the relevant aquatic facility is likely to endanger the health of any person and the cessation is necessary to prevent or manage that risk; or (ii) the cessation is necessary to prevent or manage the outbreak or spread of any infectious disease; or ( b ) in the case where the relevant aquatic facility is a licensable aquatic facility, the Director‑General is satisfied that any of the following (called in this section the applicable requirement) has been contravened in respect of the relevant aquatic facility: (i) any provision of this Part; (ii) any regulations made under section 111 in relation to licensable aquatic facilities; (iii) any condition of the aquatic facility licence for the relevant aquatic facility. [33/2020] (2) The purposes mentioned in subsection (1) are — ( a ) the taking and analysis of any materials (whether solid, liquid, gaseous or vapour) found in or on the relevant aquatic facility; ( b ) the cleaning or disinfecting of the relevant aquatic facility; ( c ) the conducting of investigations relating to the relevant aquatic facility or any outbreak, suspected outbreak or spread of any infectious disease; and ( d ) the implementation of remedial measures in relation to the relevant aquatic facility. [33/2020] (3) The cessation notice must be complied with by the owner or occupier of the premises in or on which the relevant aquatic facility is located (called in this section the responsible person). [33/2020] (4) The Director-General must, by written notice (called in this section the resumption notice), permit the resumption of the use or operation of the relevant aquatic facility when the Director‑General is satisfied that — ( a ) where the cessation notice is issued under subsection (1)( a )(i) — the use or operation of the relevant aquatic facility is no longer likely to endanger the health of any person; ( b ) where the cessation notice is issued under subsection (1)( a )(ii) — the cessation of the use or operation of the relevant aquatic facility is no longer necessary to prevent or manage the outbreak or spread of any infectious disease; or ( c ) where the cessation notice is issued under subsection (1)( b ) — the Director‑General is satisfied that the responsible person is no longer in contravention of the applicable requirement. [33/2020] (5) Where the cessation notice or resumption notice applies to or affects a class of responsible persons, it may be published in any manner that the Director‑General thinks necessary for bringing it to the notice of those responsible persons. [33/2020] (6) Any person that contravenes any notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [33/2020]


document_id: epha-1987
provision_ref: s65
chapter: PART 7 - AQUATIC FACILITIES
section: 65
title: Monitoring powers for purposes of this Part
content:
65. —(1) The Director-General or an authorised officer appointed under section 3(2) may, by written notice — ( a ) inspect any aquatic facility for the purposes of administering or enforcing this Part or ascertaining whether this Part has been complied with; and ( b ) take and retain samples of any materials (whether solid, liquid, gaseous or vapour) found in or on the aquatic facility for analysis. [33/2020] (2) The Director-General or an authorised officer appointed under section 3(2) may also, by written notice, require the owner or occupier of any premises in or on which any aquatic facility is located to provide, within a reasonable period, and in the form and manner specified in the notice, all documents and information which — ( a ) relate to any matter which the Director‑General or authorised officer considers necessary for the purposes of administering or enforcing this Part or ascertaining whether this Part has been complied with; and ( b ) are — (i) within the knowledge of the owner or occupier; or (ii) in the custody or under the control of the owner or occupier. [33/2020] (3) The power to require an owner or occupier to provide any document or information under subsection (2) includes the power — ( a ) to require the owner or occupier to provide an explanation of the document or information; ( b ) if the information is recorded otherwise than in legible form, to require the information to be made available in legible form to the Director‑General or an authorised officer appointed under section 3(2); and ( c ) if the document or information is not provided, to require the owner or occupier to state, to the best of the knowledge and belief of the owner or occupier, where it is and how it may be obtained. [33/2020] (4) The Director-General or an authorised officer appointed under section 3(2) is entitled without payment to make and retain copies of any document or information provided to the Director‑General or authorised officer under subsection (2). [33/2020] (5) Any person that, without reasonable excuse, fails to do anything required of the person by a notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [33/2020] (6) For the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to provide any document or information which the person is required by a notice under subsection (2) to provide if doing so might tend to incriminate that person. [33/2020]


document_id: epha-1987
provision_ref: s66
chapter: PART 7 - AQUATIC FACILITIES
section: 66
title: Application to Government
content:
66. This Part applies to any aquatic facility owned, managed or operated by the Government. [33/2020]


document_id: epha-1987
provision_ref: s66A
chapter: PART 7A - AEROSOL-GENERATING SYSTEMS
section: 66A
title: Registrable aerosol-generating systems
content:
66A. —(1) The owner or occupier of any premises in or on which a registrable aerosol‑generating system is installed, must not use or operate, or allow the use or operation of, the registrable aerosol‑generating system unless the aerosol‑generating system is registered by that owner or occupier under this Act and the registration is not suspended. [33/2020] (2) The Director-General may — ( a ) subject to any condition that the Director‑General thinks fit to impose, register the registrable aerosol‑generating system; or ( b ) refuse such registration. [33/2020] (3) The registration of the registered aerosol‑generating system by the owner or occupier (called in this section the registered owner or occupier) under subsection (2)( a ) is not transferable to any other person. [33/2020] (4) The Director-General may, by written notice, suspend or cancel the registration of an aerosol‑generating system if — ( a ) the registered owner or occupier procured the registration by providing any particulars, document or information, or by making any statement or representation, to the Director‑General which is false or misleading in any material particular; or ( b ) the Director-General is satisfied that the registered owner or occupier has contravened any of the following: (i) any provision of this Part; (ii) any regulations made under section 111 in relation to registrable aerosol‑generating systems; (iii) any condition of the registration. [33/2020] (5) The Director-General must, before suspending or cancelling the registration of the aerosol‑generating system under subsection (4), give the registered owner or occupier a written notice of the Director‑General’s intention to do so and an opportunity to submit reasons, within the period specified in that notice, as to why the registration should not be suspended or cancelled. [33/2020] (6) The Director-General may also, on the application of the registered owner or occupier, cancel the registration of any registered aerosol‑generating system. [33/2020] (7) Any person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) for a first offence, to a fine not exceeding $5,000; and ( b ) for a second or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both. [33/2020]


document_id: epha-1987
provision_ref: s66B
chapter: PART 7A - AEROSOL-GENERATING SYSTEMS
section: 66B
title: Prohibition of use or operation of aerosol-generating system
content:
66B. —(1) The Director-General may, by written notice (called in this section the cessation notice) require the cessation (immediately or within the time specified in the cessation notice) of the use or operation of any aerosol‑generating system or class of aerosol‑generating systems (called in this section the relevant aerosol‑generating system) for all or any of the purposes specified in subsection (2) if — ( a ) it appears to the Director-General that — (i) the use or operation of the relevant aerosol‑generating system is likely to endanger the health of any person and the cessation is necessary to prevent or manage that risk; or (ii) the cessation is necessary to prevent or manage the outbreak or spread of any infectious disease; or ( b ) in the case where the relevant aerosol‑generating system is a registrable aerosol‑generating system, the Director‑General is satisfied that any of the following (called in this section the applicable requirement) has been contravened in respect of the relevant aerosol‑generating system: (i) any provision of this Part; (ii) any regulations made under section 111 in relation to registrable aerosol‑generating systems; (iii) any condition of the registration of the relevant aerosol‑generating system. [33/2020] (2) The purposes mentioned in subsection (1) are — ( a ) the taking and analysis of any materials (whether solid, liquid, gaseous or vapour) found in or on the relevant aerosol‑generating system; ( b ) the cleaning or disinfecting of the relevant aerosol‑generating system; ( c ) the conducting of investigations relating to the relevant aerosol‑generating system or any outbreak, suspected outbreak or spread of any infectious disease; and ( d ) the implementation of remedial measures in relation to the relevant aerosol‑generating system. [33/2020] (3) The cessation notice must be complied with by the owner or occupier of the premises in or on which the relevant aerosol‑generating system is located (called in this section the responsible person). [33/2020] (4) The Director-General must, by written notice (called in this section the resumption notice), permit the resumption of use or operation of the relevant aerosol-generating system when the Director‑General is satisfied that — ( a ) where the cessation notice is issued under subsection (1)( a )(i) — the use or operation of the relevant aerosol‑generating system is no longer likely to endanger the health of any person; ( b ) where the cessation notice is issued under subsection (1)( a )(ii) — the cessation of the use or operation of the relevant aerosol‑generating system is no longer necessary to prevent or manage the outbreak or spread of any infectious disease; or ( c ) where the cessation notice is issued under subsection (1)( b ) — the Director‑General is satisfied that the responsible person is no longer in contravention of the applicable requirement. [33/2020] (5) Where the cessation notice or resumption notice applies to or affects a class of responsible persons, it may be published in any manner that the Director‑General thinks necessary for bringing it to the notice of those responsible persons. [33/2020] (6) Any person that contravenes any notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [33/2020]


document_id: epha-1987
provision_ref: s66C
chapter: PART 7A - AEROSOL-GENERATING SYSTEMS
section: 66C
title: Monitoring powers for purposes of this Part
content:
66C. —(1) The Director-General or an authorised officer appointed under section 3(2) may, by written notice — ( a ) inspect any aerosol-generating system for the purposes of administering or enforcing this Part or ascertaining whether this Part has been complied with; and ( b ) take and retain samples of any materials (whether solid, liquid, gaseous or vapour) found in or on the aerosol‑generating system for analysis. [33/2020] (2) The Director-General or an authorised officer appointed under section 3(2) may also, by written notice, require the owner or occupier of any premises in or on which any aerosol‑generating system is installed to provide, within a reasonable period, and in the form and manner specified in the notice, all documents and information which — ( a ) relate to any matter which the Director‑General or authorised officer considers necessary for the purposes of administering or enforcing this Part or ascertaining whether this Part has been complied with; and ( b ) are — (i) within the knowledge of the owner or occupier; or (ii) in the custody or under the control of the owner or occupier. [33/2020] (3) The power to require an owner or occupier to provide any document or information under subsection (2) includes the power — ( a ) to require the owner or occupier to provide an explanation of the document or information; ( b ) if the information is recorded otherwise than in legible form, to require the information to be made available in legible form to the Director‑General or an authorised officer appointed under section 3(2); and ( c ) if the document or information is not provided, to require the owner or occupier to state, to the best of the knowledge and belief of the owner or occupier, where it is and how it may be obtained. [33/2020] (4) The Director-General or an authorised officer appointed under section 3(2) is entitled without payment to make and retain copies of any document or information provided to the Director‑General or authorised officer under subsection (2). [33/2020] (5) Any person that, without reasonable excuse, fails to do anything required of the person by a notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [33/2020] (6) For the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to provide any document or information which the person is required by a notice under subsection (2) to provide if doing so might tend to incriminate that person. [33/2020]


document_id: epha-1987
provision_ref: s66D
chapter: PART 7A - AEROSOL-GENERATING SYSTEMS
section: 66D
title: Application to Government
content:
66D. This Part applies to any aerosol‑generating system owned, managed or operated by the Government. [33/2020]


document_id: epha-1987
provision_ref: s67
chapter: PART 8 - FUNERAL PARLOURS, CEMETERIES AND CREMATORIA
section: 67
title: Licensing of funeral parlours, cemeteries and crematoria
content:
67. A person must not establish, use, manage, operate or run any premises as a funeral parlour, cemetery or crematoria without first obtaining a licence from the Director‑General. 68. [ Repealed by Act 48 of 2018 ]


document_id: epha-1987
provision_ref: s69
chapter: PART 8 - FUNERAL PARLOURS, CEMETERIES AND CREMATORIA
section: 69
title: Corpse not to be retained beyond 48 hours unless encoffined
content:
69. —(1) No corpse may be retained in any premises, including a funeral parlour, for a period longer than 48 hours after death, unless the corpse is encoffined in a hermetically sealed coffin or is embalmed. (2) So long as the corpse is encoffined in a hermetically sealed coffin or is embalmed, it may be retained in any premises, including a funeral parlour, for a period not exceeding 7 days after death, but where it is intended to retain a corpse for a period exceeding 7 days, the written permission of the Director‑General must be obtained.


document_id: epha-1987
provision_ref: s70
chapter: PART 8 - FUNERAL PARLOURS, CEMETERIES AND CREMATORIA
section: 70
title: Decomposed corpse
content:
70. No corpse in an advanced stage of decomposition may be received into any funeral parlour unless encoffined in a hermetically sealed coffin.


document_id: epha-1987
provision_ref: s71
chapter: PART 8 - FUNERAL PARLOURS, CEMETERIES AND CREMATORIA
section: 71
title: Agency may provide cemeteries and crematoria
content:
71. The Agency may provide suitable places to be used as public cemeteries and crematoria and must make proper provisions for maintaining them.


document_id: epha-1987
provision_ref: s72
chapter: PART 8 - FUNERAL PARLOURS, CEMETERIES AND CREMATORIA
section: 72
title: Places which may be used for burials, etc.
content:
72. —(1) No place may be used or prepared for the burial or cremation of any corpse except cemeteries or crematoria provided by the Agency or licensed by the Director‑General under section 67. (2) Despite subsection (1), the Minister may permit the burial at any suitable place of the corpse of any person who in the opinion of the Minister has rendered outstanding or meritorious service to Singapore.


document_id: epha-1987
provision_ref: s73
chapter: PART 8 - FUNERAL PARLOURS, CEMETERIES AND CREMATORIA
section: 73
title: Unlawful burials
content:
73. —(1) A person must not bury or cremate or cause or procure or allow to be buried or cremated any corpse in or upon any place, not being a place where burial or cremation is permitted under this Act or prepare any such place to be used for the burial or cremation of any corpse. (2) The Director‑General may, by written notice, require any person who has been convicted of an offence under this section to remove within 14 days — ( a ) the corpse in respect of the unlawful interment of which the person has been convicted from the place in which it has been buried to a lawful burial ground; and ( b ) any structure which has been erected at the place. (3) If, within 14 days, the person convicted produces to the Director‑General a licence granted under section 67, the notice may be cancelled. (4) Any person who refuses or neglects to comply with the notice shall be guilty of an offence. (5) The Director‑General may proceed to authorise any person to carry the notice into execution at the expense of the person so refusing or so neglecting to comply with the notice and to hire or employ proper persons for that purpose and may recover the expense in the manner provided by law for the levy of fines imposed by a court.


document_id: epha-1987
provision_ref: s74
chapter: PART 8 - FUNERAL PARLOURS, CEMETERIES AND CREMATORIA
section: 74
title: Power to close cemeteries, etc.
content:
74. —(1) If at any time it appears to the Director‑General that — ( a ) burials in any cemetery or place of burial should be wholly discontinued; ( b ) the cremation of corpses in any crematorium or any place used for the cremation of corpses should be wholly discontinued; or ( c ) any cemetery or place of burial, crematorium or any place used for the cremation of corpses or any part thereof is being used in contravention of any condition of the licence granted in respect of the cemetery or crematorium, the Director‑General may order the cemetery or crematorium or any part thereof to be closed and may revoke the licence thereof and thereafter it is not lawful to use the cemetery or crematorium or part thereof (as the case may be) as a place for the burial or cremation of corpses. (2) No such closing or revocation has effect until it has been confirmed by the Minister.


document_id: epha-1987
provision_ref: s75
chapter: PART 8 - FUNERAL PARLOURS, CEMETERIES AND CREMATORIA
section: 75
title: Unauthorised structure
content:
75. —(1) A person must not construct or erect any unauthorised structure in any cemetery or crematorium. (2) The Director‑General must, by written notice, require any person who constructs or erects an unauthorised structure in any cemetery or crematorium to demolish or remove the structure within such period as the Director‑General may specify, and if the person fails to do so within the period specified, the Director‑General may cause the structure to be removed or demolished.


document_id: epha-1987
provision_ref: s76
chapter: PART 8 - FUNERAL PARLOURS, CEMETERIES AND CREMATORIA
section: 76
title: Exhumation
content:
76. —(1) No corpse may be exhumed otherwise than — ( a ) by a notice from the Director‑General under section 73; ( b ) by order of a Magistrate, Coroner or Commissioner of Police for the purpose of judicial inquiry; ( c ) by written permission granted for that purpose by the Director‑General; and ( d ) by the Director‑General for the purpose of using the place where the corpse is buried for the burial of another corpse. (2) Any person who exhumes or causes to be exhumed or, being the owner, trustee or person in charge of any burial ground, permits to be exhumed any corpse in contravention of this section shall be guilty of an offence. 77. [ Repealed by Act 48 of 2018 ]


document_id: epha-1987
provision_ref: s80B
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80B
title: Purpose of this Part
content:
80B. The purpose of this Part is to regulate and upgrade cleaning standards and productivity in the cleaning industry in Singapore by licensing cleaning businesses with requirements for the training of cleaners and the payment of progressive wages to cleaners that ensure a more engaged cleaning workforce and the retention of a core of resident cleaners. [15/2014]


document_id: epha-1987
provision_ref: s80C
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80C
title: Non-application of sections 99 and 103
content:
80C. —(1) Section 99 does not apply to or in relation to any cleaning business licence. [15/2014] (2) Section 103 does not apply to the contravention of any provision of this Part. [15/2014]


document_id: epha-1987
provision_ref: s80D
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80D
title: Carrying on cleaning business without cleaning business licence prohibited
content:
80D. —(1) A person must not carry on a cleaning business in Singapore, except under and in accordance with a cleaning business licence that is in force. [15/2014] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 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. [15/2014] (3) In this section, a person is presumed, until the contrary is proved, to be carrying on a cleaning business if the person, directly or indirectly, charges or receives any fee or reward for providing cleaning work to other persons, or undertakes for a fee or reward to provide cleaning work to other persons, as follows: ( a ) by contract of service, the person employs 2 or more individuals as cleaners to perform the cleaning work; ( b ) the person, having — (i) to achieve a stated result or outcome; and (ii) to supply all or substantially all of the plant or equipment or the tools of trade needed to perform the cleaning work, by contract (whether or not a contract of service) engages 2 or more individuals to perform the cleaning work; or ( c ) being a principal contractor, the person engages by contract (other than a contract of service) any person mentioned in paragraph ( a ) or ( b ) to provide cleaning work to other persons. [15/2014]


document_id: epha-1987
provision_ref: s80E
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80E
title: Offence to engage unlicensed persons
content:
80E. —(1) Where — ( a ) a person ( A ) enters into or renews any contract (other than a contract of service) with another person ( B ) for cleaning work to be performed by cleaners engaged or employed by B on premises or any public place owned, occupied or managed by A ; and ( b ) B does not hold a valid cleaning business licence as required by section 80D, then, whether or not any criminal proceedings are instituted against B , A shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [15/2014] (2) In any proceedings for an offence under subsection (1), it is a defence for A to prove, on a balance of probabilities, that A did not know and could not reasonably have been expected to know that B did not hold a valid cleaning business licence as required by section 80D. [15/2014]


document_id: epha-1987
provision_ref: s80F
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80F
title: Application for cleaning business licence
content:
80F. —(1) Every application for a cleaning business licence must — ( a ) be made to the Director‑General in any form and manner that the Director‑General may require; [Act 5 of 2023 wef 01/01/2024] ( aa ) state the class of cleaning business licence that is being applied for; and [Act 5 of 2023 wef 01/01/2024] ( b ) be accompanied by — (i) the prescribed application fee (if any); (ii) a progressive wage plan in respect of the applicant’s cleaning business that complies with the prescribed requirements; and [Act 5 of 2023 wef 01/07/2023] (iii) any other particulars, information and documents that the Director‑General may require. [15/2014] (2) The applicant must, at the request of the Director‑General, provide any further information or evidence that the Director‑General may require to decide the application. [15/2014] (3) Any person who, in relation to any application for the grant or renewal of a cleaning business licence, submits a false document or makes a statement which is false or misleading in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both. [15/2014]


document_id: epha-1987
provision_ref: s80G
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80G
title: Grant or refusal of cleaning business licence
content:
80G. —(1) The Director‑General may grant or refuse to grant a cleaning business licence in accordance with this Part, and in every case he or she must notify the applicant in writing of his or her decision. [15/2014] (2) There must be charged for the grant of any cleaning business licence any fee that may be prescribed. [15/2014] (3) No applicant for, or holder of, a cleaning business licence is entitled to any refund of any fee paid in respect of any application for or grant of a cleaning business licence. [15/2014] (4) Subject to the provisions of this Part, an applicant is eligible for a cleaning business licence if — ( a ) the applicant is a company registered under the Companies Act 1967, a limited liability partnership registered under the Limited Liability Partnerships Act 2005, a sole proprietorship or firm registered under the Business Names Registration Act 2014, a society registered under the Societies Act 1966 or an entity having a business or corporate structure that may be prescribed; ( b ) [ Deleted by Act 5 of 2023 wef 01/07/2023 ] ( c ) the progressive wage plan in respect of its cleaning business submitted by the applicant complies with the prescribed requirements; [Act 5 of 2023 wef 01/07/2023] ( d ) in the case of an applicant who has one or more cleaners in the applicant’s employ at the time of the application — the applicant satisfies the Director-General that such proportion of the cleaners that the applicant employs, have attended such training, and at such frequency, as the Director-General may specify for the class of the cleaning business licence that is being applied for; [Act 5 of 2023 wef 01/07/2023] [Act 5 of 2023 wef 01/01/2024] ( e ) the paid‑up capital or (where the applicant is not a corporation) net worth of the applicant for the period specified by the Director‑General, is not less than the amount specified by the Director‑General for the class of the cleaning business licence that is being applied for (if specified); [Act 5 of 2023 wef 01/01/2024] ( f ) the applicant has obtained a valid certification relating to the safety, health and welfare of persons at work in the applicant’s workplace, of a type that is specified by the Director‑General for the class of the cleaning business licence that is being applied for (if specified); and [Act 5 of 2023 wef 01/01/2024] ( g ) the applicant satisfies all other prescribed requirements for the class of the cleaning business licence that is being applied for. [15/2014; 29/2014] [Act 5 of 2023 wef 01/01/2024] (4A) The Director-General may subdivide cleaning business licences (whether granted or renewed before, on or after the date of commencement of section 19(1)( d ) of the Environmental Public Health (Amendment) Act 2023) into classes, such as according to any of the following, and may grant or renew a cleaning business licence on or after that date accordingly for one or more such classes: ( a ) the type of cleaning business that the cleaning business licensee is authorised to carry on; ( b ) the paid‑up capital or net worth (as the case may be) of the cleaning business licensee; ( c ) the cleaning business licensee’s compliance history with — (i) the requirements of this Act, the Central Provident Fund Act 1953, the Employment Act 1968, the Employment of Foreign Manpower Act 1990 and the Workplace Safety and Health Act 2006; and (ii) any order made by an Employment Claims Tribunal under section 22 of the Employment Claims Act 2016. [Act 5 of 2023 wef 01/01/2024] (5) [ Deleted by Act 5 of 2023 wef 01/07/2023 ] (6) The Director‑General may, if he or she thinks fit, in any particular case waive any (but not all) of the requirements of subsection (4). [15/2014] (7) Any person who is aggrieved by the decision of the Director‑General refusing to grant the person a cleaning business licence may, within 14 days after the person is notified of that decision, appeal to the Minister whose decision is final. [15/2014] (8) In this section — “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “Employment Claims Tribunal” means a subordinate court called an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970; “net worth” of a person means the amount by which the person’s assets exceeds the person’s liabilities. [Act 5 of 2023 wef 01/01/2024]


document_id: epha-1987
provision_ref: s80H
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80H
title: Conditions of cleaning business licence
content:
80H. —(1) Every cleaning business licence is subject to conditions that may be prescribed by regulations made under section 111, which may include — ( a ) conditions requiring the cleaning business licensee to enter into a contract of service in writing with each cleaner employed by the cleaning business licensee; ( b ) conditions requiring every contract of service entered into between the cleaning business licensee and every cleaner who is a citizen or permanent resident of Singapore (called in this section a resident cleaner) to provide for the payment of a basic wage or a progressive wage model bonus to the resident cleaner, that — (i) is not less than the amount; and (ii) in the case of a progressive wage model bonus, is to be paid at the frequency, specified by order under subsection (2) for the class of cleaners that the resident cleaner belongs to; ( c ) conditions requiring the cleaning business licensee to ensure that every cleaner employed by the cleaning business licensee satisfies the training requirements as may be specified by the Director-General for the class of cleaners that the cleaner belongs to; ( d ) conditions prohibiting the cleaning business licensee from deploying any individual who is not employed by the cleaning business licensee to carry out any cleaning work, unless the individual is a cleaner employed by another cleaning business licensee; and ( e ) conditions requiring the cleaning business licensee to keep such records, accounts or documents relating to the business or activities that the cleaning business licensee is authorised to carry out under the cleaning business licence, as may be prescribed, and retain those records, accounts or documents for a prescribed period. (2) For the purposes of the prescribed conditions referred to in subsection (1)( b ), the Commissioner for Labour must, by order, specify the following that must be paid to every resident cleaner: ( a ) the minimum amount of basic wage and the date that minimum amount takes effect; ( b ) the minimum amount of progressive wage model bonus and the frequency at which the progressive wage model bonus is to be paid, and the date that minimum amount and frequency take effect. (3) An order under subsection (2) may specify — ( a ) different minimum amounts mentioned in subsection (2)( a ); and ( b ) different minimum amounts and different frequency of payments mentioned in subsection (2)( b ), for different classes of cleaners, and may be varied from time to time. (4) In making an order under subsection (2), the Commissioner for Labour must consider the recommendations by the Tripartite Cluster for Cleaners on remuneration for cleaners, if any. (5) The Commissioner for Labour must publish every order he or she makes under subsection (2) in any way he or she thinks appropriate to bring the order to the notice of persons who, in his or her opinion, ought to have notice of the order, except that failure to comply with this subsection in respect of any order does not invalidate the order. (6) The amount specified under subsection (2)( a ) takes effect for the purposes of the prescribed conditions referred to in subsection (1)( b ) even though the basic wage that would have been payable to a cleaner under any collective agreement, as defined in section 2 of the Industrial Relations Act 1960, is lower than that amount. (7) The Director-General may, by written notice to cleaning business licensees, postpone the effective date specified by an order under subsection (2)( a ) or ( b ) — ( a ) in relation to cleaners employed (whether or not exclusively) to carry out or supervise the carrying out of cleaning work under any cleaning contract entered into by cleaning business licensees before that effective date; and ( b ) in any case where the Commissioner for Labour varies the order — in relation to cleaners employed (whether or not exclusively) to carry out or supervise the carrying out of cleaning work under any cleaning contract entered into by cleaning business licensees before the variation otherwise takes effect. (8) Subject to subsection (10), the Director-General may impose any other conditions on a cleaning business licence that he or she thinks fit, being conditions which are not inconsistent with the prescribed conditions referred to in subsection (1). (8A) The Director‑General may, under subsection (8), impose different conditions for different classes of cleaning business licences or cleaning business licensees under different circumstances. [Act 5 of 2023 wef 01/01/2024] (9) Subject to subsection (10), the Director-General may, at any time, add to, vary or revoke any condition of a cleaning business licence imposed under subsection (8), except that any addition or variation must also not be inconsistent with the prescribed conditions referred to in subsection (1). (10) Before imposing any condition under subsection (8) or making any modification to any condition of a cleaning business licence under subsection (9), the Director-General must give notice to the cleaning business licensee concerned — ( a ) of the terms of the proposed condition or modification; and ( b ) specifying the time (being at least 14 days after the date of service of the notice on the cleaning business licensee concerned) within which written representations with respect to the proposed condition or modification may be made. (11) Upon receipt of any written representation mentioned in subsection (10)( b ), the Director-General must consider the representation, and may reject the representation or amend the proposed condition or modification in accordance with the representation or otherwise, and in either event must then issue a written direction to the cleaning business licensee concerned, requiring that effect be given within a reasonable time to the proposed condition or modification specified in the notice under subsection (10) or to the condition or modification as subsequently amended by the Director-General. (12) In this section, “Tripartite Cluster for Cleaners” means the body, comprising the representatives from employers, the trade unions of employees, and the Government, which is responsible for making recommendations on progressive wages for cleaners. [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s80I
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80I
title: Form and validity of cleaning business licence
content:
80I. —(1) Every cleaning business licence — ( a ) must be in such form as the Director‑General may determine; ( b ) must contain the conditions subject to which it was granted; and [Act 5 of 2023 wef 01/01/2024] ( c ) is valid for the period stated therein unless it is earlier revoked under section 80J. [Act 5 of 2023 wef 01/01/2024] ( d ) [ Deleted by Act 5 of 2023 wef 01/01/2024 ] [15/2014] (1A) Every cleaning business licence (other than a prescribed class of cleaning business licence) may be renewed upon its expiry. [Act 5 of 2023 wef 01/01/2024] (2) Sections 80F, 80G and 80H apply, with the necessary modifications, to the renewal and an application for the renewal of a cleaning business licence. [15/2014]


document_id: epha-1987
provision_ref: s80J
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80J
title: Revocation and suspension of cleaning business licence
content:
80J. —(1) Subject to subsections (3) and (4), the Director‑General may by order revoke any cleaning business licence if he or she is satisfied that — ( a ) the cleaning business licensee has ceased to carry on a cleaning business in Singapore; [Act 5 of 2023 wef 01/07/2023] ( b ) the cleaning business licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; [Act 5 of 2023 wef 01/07/2023] ( c ) the cleaning business licensee no longer satisfies the requirements for a cleaning business licence referred to in section 80G(4)( a ); [Act 5 of 2023 wef 01/07/2023] ( d ) the cleaning business licensee had, in connection with the application for the grant or renewal of its cleaning business licence, furnished false or misleading information in a material particular, or its cleaning business licence had been obtained by fraud or misrepresentation; [Act 5 of 2023 wef 01/07/2023] ( e ) a circumstance which the Director‑General becomes aware of would have required or permitted the Director‑General to refuse to grant or renew the cleaning business licensee’s cleaning business licence, had the Director‑General been aware of the circumstance immediately before granting or renewing the cleaning business licence; [Act 5 of 2023 wef 01/07/2023] ( f ) any part of the progressive wage plan in respect of the cleaning business licensee’s cleaning business does not comply with the prescribed requirements; [Act 5 of 2023 wef 01/07/2023] ( g ) the cleaning business licensee has contravened any requirement or other provision of this Part or has been convicted of an offence under this Part; [Act 5 of 2023 wef 01/07/2023] ( h ) the cleaning business licensee has, on or after 1 April 2014, contravened any requirement or provision of Part 3 of the Employment Act 1968 relating to the payment of salary, or has been convicted of an offence under Part 3 of the Employment Act 1968 relating to the payment of salary, of any of its employees, whether or not cleaners; [Act 5 of 2023 wef 01/07/2023] ( i ) the cleaning business licensee has failed to comply with any notice, direction or order issued under this Part by the Director‑General or any authorised officer; [Act 5 of 2023 wef 01/07/2023] ( j ) the cleaning business licensee has failed to pay any fine for any offence under this Part, or any financial penalty, charge or fee charged or imposed under this Part; [Act 5 of 2023 wef 01/07/2023] ( k ) the cleaning business licensee has failed to comply with any condition of its cleaning business licence; or [Act 5 of 2023 wef 01/07/2023] ( l ) it is in the public interest to revoke the cleaning business licence. [15/2014] (2) Subject to subsection (3), where the Director‑General considers that one or more events referred to in subsection (1) have occurred, but the event or events are not of sufficient gravity to revoke a cleaning business licence, the Director‑General may by order — ( a ) suspend the cleaning business licence for any period of time (not exceeding 6 months) that the Director‑General thinks fit; or ( b ) impose any other directions or restrictions that the Director‑General considers appropriate on the cleaning business licensee’s cleaning business in Singapore. [15/2014] [Act 5 of 2023 wef 01/07/2023] (3) The Director‑General must not exercise his or her powers under subsection (1) or (2) unless an opportunity of being heard (whether in writing or otherwise) had been given to the cleaning business licensee against whom the Director‑General intends to exercise his or her powers, being a period of not less than 3 days but not more than 14 days, after the Director‑General informs the cleaning business licensee of such intention. [15/2014] [Act 5 of 2023 wef 01/07/2023] (4) In addition, the Director‑General must not exercise his or her powers under subsection (1) or (2) in relation to a cleaning business licensee for failing to comply with the licence condition referred to in section 80H(1)( b ) unless the Director‑General has first consulted the Commissioner for Labour. [15/2014] [Act 5 of 2023 wef 01/07/2023] (5) Where the Director‑General has by order revoked a cleaning business licence under subsection (1) or made any order under subsection (2) in respect of a cleaning business licence, he or she must, without delay, serve on the cleaning business licensee concerned a notice of the order. [15/2014] [Act 5 of 2023 wef 01/07/2023] (6) Subject to subsections (7) and (8), an order under subsection (1) or (2) by the Director‑General revoking or suspending a cleaning business licence or imposing restrictions on the cleaning business licensee’s cleaning business does not take effect until the expiry of 14 days after the notice under subsection (5) has been served on the cleaning business licensee. [15/2014] [Act 5 of 2023 wef 01/07/2023] (7) Any cleaning business licensee or former cleaning business licensee who is aggrieved by any order of the Director‑General revoking or suspending its cleaning business licence or imposing directions or restrictions on its cleaning business may, within 14 days after the notice under subsection (5) has been served on the cleaning business licensee or former cleaning business licensee, appeal to the Minister whose decision is final. [15/2014] [Act 5 of 2023 wef 01/07/2023] (8) Where the cleaning business licensee or former cleaning business licensee concerned has appealed under subsection (7) to the Minister against any order of the Director‑General under subsection (1) or (2), the order does not take effect until it is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn. [15/2014] [Act 5 of 2023 wef 01/07/2023] (9) Where an order of revocation or suspension of a cleaning business licence becomes effective, the cleaning business licensee or former cleaning business licensee concerned must cease to carry on cleaning business in Singapore except to the extent allowed by the Director‑General. [15/2014] [Act 5 of 2023 wef 01/07/2023] (10) Subsection (9) does not prejudice the enforcement by any person of any right or claim against the cleaning business licensee or former cleaning business licensee concerned or by the cleaning business licensee or former cleaning business licensee concerned against any person. [15/2014] [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s80K
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80K
title: Financial penalty
content:
80K. —(1) Without prejudice to section 80J, where a cleaning business licensee fails to comply with any condition of its cleaning business licence including any modification to any condition made by the Director‑General under section 80H(10), the Director‑General may, in lieu of or in addition to the revocation or suspension of its cleaning business licence or imposition of directions or restrictions on the cleaning business licensee’s cleaning business under section 80J, impose a financial penalty of an amount, not exceeding $5,000, that the Director‑General thinks fit. [15/2014] [Act 5 of 2023 wef 01/07/2023] (2) The Director‑General must not exercise his or her powers under subsection (1) in relation to a cleaning business licensee for failing to comply with the licence condition mentioned in section 80H(1)( b ) unless the Director‑General has first consulted the Commissioner for Labour. [15/2014] [Act 5 of 2023 wef 01/07/2023] (3) Any cleaning business licensee or former cleaning business licensee who is aggrieved by the imposition of any financial penalty by the Director‑General under subsection (1) may, within 14 days after the notice of the imposition has been served on the cleaning business licensee or former cleaning business licensee, appeal to the Minister whose decision is final. [15/2014] [Act 5 of 2023 wef 01/07/2023] (4) Any financial penalty imposed on any person under this section — ( a ) must be collected, and may be sued for and recovered, by the Agency; ( b ) is deemed to be a debt due to the Government for the purposes of section 397 of the Insolvency, Restructuring and Dissolution Act 2018 and section 10 of the Government Proceedings Act 1956; and ( c ) must be paid into the Consolidated Fund upon collection or recovery, and that person’s liability to pay is not affected by its cleaning business licence ceasing, for any reason, to be in force. [15/2014; 40/2018] (5) The Director‑General may, in any case in which he or she thinks fit, waive, remit or refund in whole or in part any financial penalty imposed under this section. [15/2014] (6) In any proceedings for the recovery of any financial penalty which any person is liable to pay, a certificate purporting to be under the hand of the Director‑General certifying the amount of the financial penalty that is payable by the person is prima facie evidence of the facts stated therein. [15/2014]


document_id: epha-1987
provision_ref: s80L
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80L
title: Changes to information submitted
content:
80L. Every cleaning business licensee must notify the Director‑General of any change to — ( a ) information contained in the cleaning business licensee’s application for the grant or renewal of its cleaning business licence or any document accompanying the cleaning business licensee’s application; [Act 5 of 2023 wef 01/07/2023] ( b ) particulars of any progressive wage plan submitted by the cleaning business licensee under section 80F; or [Act 5 of 2023 wef 01/07/2023] ( c ) information the cleaning business licensee submitted to the Director‑General for the purposes of the cleaning business licensee’s application for the grant or renewal of its cleaning business licence, [Act 5 of 2023 wef 01/07/2023] no later than 14 days after the date of the change. [15/2014] [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s80M
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80M
title: Monitoring powers
content:
80M. —(1) Subject to subsection (2), the Director‑General or any authorised officer appointed under section 3(2) may, for the purposes of the execution of this Part, by written notice — ( a ) require a cleaning business licensee to produce such records, accounts and documents kept by the cleaning business licensee in relation to — (i) the cleaning business licensee’s cleaning business; or (ii) the payment of remuneration to the cleaning business licensee’s cleaners, within such reasonable time as may be specified in the notice; [Act 5 of 2023 wef 01/07/2023] ( b ) inspect, examine and make copies of any such records, accounts and documents so produced; and ( c ) make any inquiry that may be necessary to ascertain whether the provisions of this Part are complied with. [15/2014] (2) Where the Director‑General or any authorised officer appointed under section 3(2) has received information or has reasonable cause to believe that an offence under this Part or a failure to comply with any condition of a cleaning business licence has occurred, or is occurring or about to occur, the Director‑General or authorised officer may exercise all or any of the powers referred to in subsection (1) without having to issue any notice in writing. [15/2014] (3) Where the records, accounts and documents mentioned in subsection (1) are kept in electronic form — ( a ) the power of the Director‑General or authorised officer in subsection (1)( a ) to require any such records, accounts or documents to be produced for inspection includes power to require a copy of the records, accounts or documents to be made available for inspection in legible form and subsection (1)( b ) applies accordingly in relation to any copy so made available; and ( b ) the power of the Director‑General or authorised officer under subsection (1)( b ) to inspect any such records, accounts or documents includes power to require the cleaning business licensee or the person who produced the records, accounts or documents on behalf of the cleaning business licensee or (where the records, accounts or documents are kept at any premises) any person on those premises to give the Director‑General or authorised officer any assistance that the Director‑General or authorised officer may reasonably require to enable him or her to inspect and make copies of the records, accounts or documents in legible form or to make records of information contained in them. [15/2014] [Act 5 of 2023 wef 01/07/2023] (4) Any person who fails, without reasonable excuse, to comply with any requirement imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [15/2014]


document_id: epha-1987
provision_ref: s80N
chapter: PART 9A - GENERAL CLEANING INDUSTRY
section: 80N
title: Register of cleaning business licensees
content:
80N. —(1) The Director-General must keep and maintain a register in which must be entered such particulars of the cleaning business licensees as the Director‑General may determine. [15/2014] [Act 5 of 2023 wef 01/07/2023] (2) Where the cleaning business licence of any cleaning business licensee has been suspended or revoked or has expired, the Director‑General may — ( a ) remove the particulars of the cleaning business licensee from the register; or [Act 5 of 2023 wef 01/07/2023] ( b ) indicate against the particulars of the cleaning business licensee in the register the fact of the suspension, revocation or expiry of the licence, as the case may be. [15/2014] [Act 5 of 2023 wef 01/07/2023] [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s81
chapter: PART 10 - ENFORCEMENT
section: 81
title: Power to enter upon lands for purposes of Act
content:
81. —(1) The Director-General or any authorised officer may, for the purposes of this Act, enter between the hours of 6 a.m. and 6 p.m. into and upon any premises in order to make any survey, inspection or search or to execute any work authorised by this Act without being liable to any legal proceedings or molestation on account of that entry or of anything done in any part of those premises. (2) A person must not, except with the consent of the occupier of the house, enter any house by virtue of the powers conferred by subsection (1) without at least 3 hours previous notice being given to the occupier of the house, if any. (3) Despite subsection (1), where it is necessary and expedient to make any survey, inspection or search or to execute any work authorised by this Act outside the hours specified in subsection (1), the Director‑General or any authorised officer may enter any premises by giving at least 6 hours previous notice to the owner or occupier of the premises.


document_id: epha-1987
provision_ref: s82
chapter: PART 10 - ENFORCEMENT
section: 82
title: Penalty for obstruction
content:
82. —(1) A person must not at any time — ( a ) hinder, obstruct or delay the Director‑General, any authorised officer or other person in the performance and execution of his or her duty or of anything which he or she is respectively empowered, employed or required to do by virtue or in consequence of or under this Act; or ( b ) remove any mark, line, sign or other direction drawn or set up for the purpose of this Act. [48/2018; 11/2019] (2) However, it is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by any authorised officer (including an authorised officer within the meaning of section 31W) who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person. [11/2019] (3) In subsection (2), “identification card”, for an authorised officer (including an authorised officer within the meaning of section 31W), means such identification card as the Director‑General or the Director‑General, Food Administration may require the authorised officer to carry at all times when exercising powers under this Act. [11/2019]


document_id: epha-1987
provision_ref: s83
chapter: PART 10 - ENFORCEMENT
section: 83
title: Director-General or Director-General, Food Administration may act in cases of emergency
content:
83. —(1) In cases of emergency, the Director‑General or Director‑General, Food Administration may direct the immediate execution of any work or the doing of any act being any work or act authorised under this Act which is in the opinion of the Director‑General or Director‑General, Food Administration (as the case may be) necessary for public health or for the safety of the public. [11/2019] (2) The Director‑General or Director‑General, Food Administration may recover, from the owner or occupier of the premises in which any work or act mentioned in subsection (1) is executed, the costs and expenses reasonably incurred in the execution of the work or act. [15/2014; 11/2019]


document_id: epha-1987
provision_ref: s84
chapter: PART 10 - ENFORCEMENT
section: 84
title: Appeal to Minister against notice, order or decision
content:
84. —(1) Any person who is aggrieved by any notice, order or decision of the Director‑General may within 7 days of the notice, order or decision appeal in writing to the Minister whereupon the execution of the notice, order or decision must be stayed. (2) The Minister may confirm, vary or rescind the notice or order or direct that the thing must be proceeded with, varied or abandoned (as the case may be) or make any order which the Director‑General is competent to make and the decision of the Minister is final.


document_id: epha-1987
provision_ref: s84A
chapter: PART 10 - ENFORCEMENT
section: 84A
title: Appeal against decisions under Part 4
content:
84A. —(1) Any person who is aggrieved by any notice, order or decision of the Director‑General, Food Administration made under Part 4 or 9 may, within 7 days after the person receives the notice, order or decision, appeal in writing to the Minister charged with the responsibility for food safety. [11/2019] (2) After considering an appeal made under this section, the Minister charged with the responsibility for food safety may — ( a ) reject the appeal and confirm the notice, order or decision (as the case may be) of the Director‑General, Food Administration; ( b ) allow the appeal and rescind the notice, order or decision (as the case may be) of the Director‑General, Food Administration; or ( c ) substitute or vary the notice, order or decision appealed against and make any notice, order or decision which the Director‑General, Food Administration is competent to make under Part 4 or 9, as the case may be. [11/2019] (3) The Minister’s decision on an appeal is final. [11/2019] (4) Every appellant must be notified of the Minister’s decision under subsection (2). [11/2019] (5) Where an appeal is lodged by a person under this section against any notice, order or decision of the Director‑General, Food Administration made under Part 4 or 9, the execution of the notice, order or decision appealed against must be stayed until the outcome of the appeal. [11/2019] [Act 7 of 2025 wef 28/11/2025]


document_id: epha-1987
provision_ref: s85
chapter: PART 10 - ENFORCEMENT
section: 85
title: Default in compliance with notice
content:
85. —(1) When any notice or order under this Act requires any act to be done or work to be executed by the owner or occupier or the person in charge of any premises and default is made in complying with the requirements of the notice or order, the person in default shall, where no fine is specially provided for the default, be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (2) When the notice or order requires any act to be done or work to be executed for which no time is fixed by this Act, it must fix a reasonable time for complying with the requirements. (3) Where any person who has been served with any notice or order fails to comply therewith, the Director‑General may, without affecting any proceedings under subsection (1), at the expiry of the period specified in the notice or order execute the works as are specified in the notice or order and may recover from that person the expenses reasonably incurred in so doing in the manner provided in section 89. (4) Nothing in this section is deemed to prohibit 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.


document_id: epha-1987
provision_ref: s86
chapter: PART 10 - ENFORCEMENT
section: 86
title: Authorised officers may demand names and addresses in certain cases
content:
86. —(1) Any person who is charged by any police officer or authorised officer with any offence under this Act must on demand give his or her name and address and other proof of identity to the police officer or authorised officer, if so required. (2) The occupier of any premises must, if required by any police officer or authorised officer, give his or her name and other proof of identity and the name and address of the owner of the premises, if known. (3) Any person who contravenes this section or wilfully misstates his or her name and address or the name and address of the owner of any premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [48/2018]


document_id: epha-1987
provision_ref: s87
chapter: PART 10 - ENFORCEMENT
section: 87
title: Power of investigating offences
content:
87. —(1) For the purpose of investigating any offence under this Act, the Director‑General or the Director‑General, Food Administration (as the case may be) or any authorised officer (including an authorised officer within the meaning of section 31W) may — ( a ) examine orally any person supposed to be acquainted with the facts and circumstances of the case, and to 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 who, from information given or otherwise, appears to be acquainted with the facts and circumstances concerning the case and that person must attend as so required. [11/2019] (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 the case 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 or to 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 him or her. (4) If any person fails to attend as required by an order under subsection (1)( b ), the Director‑General, the Director‑General, Food Administration or the authorised officer (including an authorised officer within the meaning of section 31W) may report the failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order. [11/2019] (5) The Director‑General, the Director‑General, Food Administration (as the case may be) or any authorised officer (including an authorised officer within the meaning of section 31W) may photograph (which includes making a digital image or a moving visual record) or otherwise record — ( a ) any place or vehicle where an offence under this Act was committed, is reasonably suspected to have been committed, or is about to be committed; ( b ) any place or vehicle associated with, or relevant to, the commission or suspected commission of the offence under this Act; or ( c ) any thing or individual in a place or vehicle mentioned in paragraph ( a ) or ( b ). [11/2019]


document_id: epha-1987
provision_ref: s88
chapter: PART 10 - ENFORCEMENT
section: 88
title: Powers of arrest
content:
88. —(1) Any police officer or authorised officer may arrest any person committing in his or her view or who he or she has reason to believe has committed any offence punishable under this Act if — ( a ) the name and address of the person are unknown to him or her; ( b ) the person declines to give the person’s name and address; or ( c ) 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 the person’s name and address are correctly ascertained. (3) No person arrested under this section may be detained longer than is necessary for bringing the person before a court unless the order of a court for the person’s detention is obtained.


document_id: epha-1987
provision_ref: s88A
chapter: PART 10 - ENFORCEMENT
section: 88A
title: False or misleading information
content:
88A. A person shall be guilty of an offence if — ( a ) the person provides information to a police officer, the Director‑General, the Director‑General, Food Administration or any authorised officer (including an authorised officer within the meaning of section 31W) in connection with any of his or her functions or duties under this Act; ( b ) the information is false or misleading in a material particular; and ( c ) the person knew that that information is false or misleading in a material particular or is reckless as to whether it is so. [15/2014; 11/2019]


document_id: epha-1987
provision_ref: s89
chapter: PART 11 - COMPENSATION, DAMAGES, FEES, COSTS AND EXPENSES
section: 89
title:
Compensation, damages, fees, costs and expenses to be determined by Magistrate’s Court or District Court

content:
89. —(1) Subject to the provisions of this Act, in all cases when compensation, damages, fees, costs and expenses are by this Act directed to be paid, the amount and (if necessary) the apportionment of the same 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 exceeds $10,000, by a District Court. (2) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay the same within 14 days after demand, that amount may be reported to a Magistrate’s Court and recovered in the same manner as if it were a fine imposed by a Magistrate’s Court. (3) An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to the appeal. [40/2019]


document_id: epha-1987
provision_ref: s90
chapter: PART 11 - COMPENSATION, DAMAGES, FEES, COSTS AND EXPENSES
section: 90
title: Damage to property of Agency and Singapore Food Agency to be made good in addition to penalty
content:
90. —(1) If through any act, neglect or default (on account whereof any person has incurred any penalty under this Act) any damage to Agency property or property of the Singapore Food Agency (as the case may be) is committed by that person, that person shall be liable to make good the damage as well as to pay the penalty. [11/2019] (2) The amount of the damage is, in case of dispute, to be determined by the court by which the person incurring the penalty was convicted. (3) The amount of the damage is to be recovered as if it were a fine imposed by the court.


document_id: epha-1987
provision_ref: s91
chapter: PART 11 - COMPENSATION, DAMAGES, FEES, COSTS AND EXPENSES
section: 91
title: Payment of fees, etc.
content:
91. —(1) Subject to subsection (2), section 31N and regulations made under section 42A, all fees, charges and moneys collected under this Act are payable to the Agency. [16/2016; 48/2018; 11/2019] [Act 7 of 2025 wef 28/11/2025] (2) Any fee, charge or money collected under this Act may be paid to a person other than the Agency where the Agency has, with the approval of the Minister, made regulations under section 111 providing for that fee, charge or money to be payable to that person instead. [16/2016] (3) This section does not apply to composition sums in section 104 or financial penalties imposed under section 80K or 99. [16/2016]


document_id: epha-1987
provision_ref: s92
chapter: PART 11 - COMPENSATION, DAMAGES, FEES, COSTS AND EXPENSES
section: 92
title: Recovery of costs and expenses payable by owners
content:
92. —(1) If any sum payable by or recoverable from the owner or occupier in respect of costs and expenses incurred by the Agency in the execution of any work which is, under this Act, recoverable from the owner or occupier of any premises is not paid by the owner or occupier within 14 days after demand that sum may be reported to a Magistrate’s Court or District Court and recovered in the same manner as if it were a fine imposed by a Magistrate’s Court or District Court, as the case may be. (2) The person liable to pay any sum under subsection (1) is the owner at the time when the work was completed. (3) Any occupier who, when requested by or on behalf of the Director‑General to state the name of the owner of the premises, refuses or wilfully omits to disclose or wilfully misstates the name of the owner shall, unless he or she shows cause to the satisfaction of the Magistrate’s Court or the District Court for his or her refusal or misstatement, be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.


document_id: epha-1987
provision_ref: s93
chapter: PART 11 - COMPENSATION, DAMAGES, FEES, COSTS AND EXPENSES
section: 93
title: Recovery of costs and expenses by instalments
content:
93. —(1) When the Director‑General has incurred costs and expenses in or about the execution of any work, which are, under this Act, payable by or recoverable from the owner or occupier, the Director‑General may — ( a ) recover the costs and expenses in the manner provided in this Act; or ( b ) if he or she thinks fit, obtain an undertaking from the owner or occupier for the payment by any instalments that will be sufficient to defray the whole amount of the costs and expenses. (2) Upon default in payment of any instalment upon the date appointed for payment of the instalment by the undertaking, the whole of the balance then outstanding of the amount immediately becomes due and payable and, despite any change in the ownership or occupation of the premises since the date of the undertaking, may be recovered by the same means and in the like manner as provided in section 92.


document_id: epha-1987
provision_ref: s94
chapter: PART 11 - COMPENSATION, DAMAGES, FEES, COSTS AND EXPENSES
section: 94
title: Liability of transferor of property in respect of costs and expenses incurred by Director-General
content:
94. —(1) Where a person sells or transfers any property in respect of which costs and expenses have been incurred by the Director‑General in or about the execution of any work required to be done under this Act and the costs and expenses are recoverable under this Act from the owner of that property, that person continues to be liable for the payment of all the costs and expenses payable in respect of the property and for the performance of all other obligations imposed by this Act upon the owner of the property which became payable or were required to be performed prior to the transfer. (2) Nothing in this section affects the liability of the purchaser or transferee to pay the costs and expenses in respect of the property or the right of the Director‑General to recover the costs and expenses or to perform any obligations under this Act.


document_id: epha-1987
provision_ref: s95
chapter: PART 11 - COMPENSATION, DAMAGES, FEES, COSTS AND EXPENSES
section: 95
title: Limitation of liability to fines and penalties
content:
95. Except in any case where by reason of the act or omission complained of, an injury or danger to health subsists at the date of the complaint, no person shall be liable to any fine or penalty under this Act for any offence under this Act unless the complaint respecting the offence is made within 3 years after the date of the commission of such offence. [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s96
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 96
title: Protection from personal liability
content:
96. —(1) No matter or thing done and no contract of any kind entered into by the Agency or the Director‑General and no matter or thing done by any authorised officer or any other person employed in the administration of this Act or acting under the direction of the Agency, the Director‑General or authorised officer shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing the provisions of this Act, subject them or any of them personally to any action, liability, claim or demand. (2) Any expense incurred by those persons acting in accordance with subsection (1) must be borne by the Agency.


document_id: epha-1987
provision_ref: s97
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 97
title: Exemption of agent who has no funds in hand
content:
97. —(1) No person ( A ) receiving the rent of premises as receiver or agent for another person is liable to do anything by this Act required to be done by the owner of the premises if, after A or the actual owner has been required to do any work, A gives notice to the Director‑General within 7 days after the requisition has been made, that A does not have sufficient funds of the person on whose behalf A is receiving the rents to pay for the work. (2) In that case, the Director‑General may himself or herself execute the work and the expenses incurred thereby must be charged and recoverable as provided in section 92.


document_id: epha-1987
provision_ref: s98
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 98
title: Service of summons, notice, etc.
content:
98. —(1) Every summons, notice, order or document required or authorised by this Act to be served on any person may be served by — ( a ) delivering it to the person or by delivering it at the person’s last known place of residence to some adult member or employee of the person’s family; ( b ) leaving it at the person’s usual or last known place of residence or business in a cover addressed to the person; or ( c ) forwarding it by post in a prepaid letter addressed to the person at the person’s usual or last known place of residence or business. (2) When any summons, notice, order or document is to be served on any incorporated company or body, it may be served by — ( a ) delivering it to the secretary or other like officer of the company or body; or ( b ) sending it by registered post addressed to the company or body at its registered or principal office. [48/2018] (3) In addition, any notice, order or document (other than a notice, order or document to be served in proceedings in court) required or authorised by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served by sending it by fax to whichever of the following is applicable: ( a ) the fax number last known as the fax number for the service of notices, orders or documents on the individual; ( b ) the fax number used at the partnership’s business address; ( c ) the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore. [48/2018] (4) A summons, notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the summons, notice, order or document to some conspicuous part of the premises. (5) Any summons, notice, order or 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. (6) Service of any notice, order or document (other than a notice, order or document to be served in proceedings in court) takes effect — ( a ) if the notice, order or document is sent by prepaid registered post, on the second day after the day the notice, order or document was posted (even if it is returned undelivered); or ( b ) if the notice, order or document is sent by fax and a notification of successful transmission is received, on the day of the transmission. [48/2018] (7) In this section, “business address” or “place of business” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; and ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore. [48/2018]


document_id: epha-1987
provision_ref: s99
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 99
title: Licences
content:
99. —(1) Any licence under this Act may be — ( a ) granted or renewed at the discretion of the Director‑General; ( b ) granted, renewed or refused without any reason for the grant, renewal or refusal being given therefor; and ( c ) granted or renewed subject to any restrictions and conditions that the Director‑General may think fit. (2) 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. (3) If the applicant refuses to furnish the information under subsection (2), the Director‑General must refuse to grant or renew the licence. (4) The Director‑General may, before granting or renewing any licence, require the applicant to give security, either in the form of a cash deposit or by entering into a bond, that the provisions of this Act and of the conditions of the licence will be duly observed. (5) Where an applicant is required to enter into a bond, the Director‑General may require not more than 2 sureties to enter into the bond with the applicant. (6) Any sum deposited or bond entered into under this section is liable to forfeiture in whole or in part at the discretion of the Director‑General on cancellation of the licence. (7) Any person who wilfully furnishes any false information in any application for a licence shall be guilty of an offence and any licence granted is void and of no effect. (8) Subject to the provisions of this Act, any licence may be for such period as the Director‑General thinks fit. (9) There must be charged for the grant or renewal of any licence any fee that may be prescribed by the Agency with the approval of the Minister. (10) Where a licence is granted for a period of less than 12 months, the Director‑General may charge a proportionate fee therefor; and in charging the proportionate fee, any part of a month is reckoned as one month. (11) No licensee is entitled to any refund of any fee paid by the licensee in respect of any licence. (12) A person must not in any manner transfer any licence or permit any licence to be used by any other person without the approval in writing of the Director‑General. (13) Subject to subsection (14), it is lawful for the Director-General to modify the conditions of a licence without compensating the licensee concerned, except that any such modification must not be inconsistent with — ( a ) where the licensee is a waste disposal licensee — any prescribed condition referred to in section 23A(1) or (2); or ( b ) where the licensee is a waste collector licensee — any prescribed condition referred to in section 31AA(1) or (2). [Act 5 of 2023 wef 01/07/2023] (14) Before modifying any conditions of a licence, the Director‑General must give notice to the licensee holding that licence — ( a ) stating that the Director‑General proposes to make the modification in the manner specified in the notice; and ( b ) specifying the time (being not less than a prescribed period after the date of service of notice on the licensee) within which the licensee may make written representations to the Director‑General with respect to the proposed modification. [11/2019] (15) Subject to sections 23A(3) and 31AA(3), where a licensee — ( a ) is in breach of any restriction or condition subject to which the licence was granted; or ( b ) has contravened any provision of this Act, the Director-General may — ( c ) suspend or cancel the licence; and ( d ) in the case of paragraph ( a ), in lieu of or in addition to paragraph ( c ), impose a financial penalty of any amount, not exceeding $5,000, unless the breach in paragraph ( a ) is an offence under this Act. [11/2019] [Act 5 of 2023 wef 01/07/2023] (16) Subject to the provisions of this Act, any person who is aggrieved by — ( a ) the refusal by the Director‑General to grant or renew any licence; ( b ) the decision of the Director‑General to modify the conditions of a licence under subsection (13); ( c ) the suspension or cancellation by the Director‑General of any licence; ( d ) the imposition of any financial penalty by the Director‑General; or ( e ) the forfeiture of any sum deposited or bond entered into under this section, may, within 14 days of the refusal, suspension, cancellation, imposition of financial penalty or forfeiture, appeal to the Minister whose decision is final. [11/2019] (17) Any financial penalty imposed on any person under this section is to be paid into the Consolidated Fund. [16/2016] (18) The provisions of this section affecting any licence or permit apply (so far as relevant) to any licence or permit granted or renewed under Parts 4 and 9 by the Director‑General, Food Administration — ( a ) as if the licence or permit were granted or renewed under any other Parts of this Act pursuant to an application to the Director‑General; ( b ) as if the reference to the Director‑General in this section were a reference to the Director‑General, Food Administration; ( c ) as if the reference to the Agency in this section were a reference to the Singapore Food Agency; ( d ) as if the reference to the Minister in this section were a reference to the Minister charged with the responsibility for food safety; and ( e ) with any other exceptions, modifications and adaptations that the differences between Parts 4 and 9 and other Parts require. [11/2019] (19) In this section, “licence” includes any approval, permit, permission, authority, authorisation or licence which may be granted or renewed under this Act, but does not include a certificate issued by the Director-General under Part 5A or a cleaning business licence granted or renewed under Part 9A. [15/2014; 11/2019] [Act 23 of 2023 wef 18/12/2023]


document_id: epha-1987
provision_ref: s99A
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 99A
title: Codes of practice and standards of performance
content:
99A. —(1) The Director-General may issue, approve, amend or revoke one or more codes of practice or standards of performance with respect to — ( a ) programmes and measures relating to environmental sanitation; ( b ) activities and conduct of licensees and registered persons under this Act; ( c ) activities that relate to or concern environmental public health; ( d ) the cleaning, disinfection and operation of any class of premises, facilities or systems under this Act; ( e ) the operation of any provision of this Act; or ( f ) generally for carrying out the purposes of this Act. [33/2020] (2) If any provision in any code of practice or standard of performance is inconsistent with this Act, such provision (to the extent of the inconsistency) does not have effect. [33/2020] (3) Where a code of practice or standard of performance is issued, approved, amended or revoked by the Director‑General under subsection (1), the Director‑General must — ( a ) publish a notice of the issue, approval, amendment or revocation (as the case may be) in such manner as will secure adequate publicity for such issue, approval, amendment or revocation; ( b ) specify in the notice the date of the issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the code of practice or standard of performance remains in force, copies of that code or standard, and of all amendments to that code or standard, are available free of charge to any person to which that code or standard applies. [33/2020] (4) None of the following has any effect until the notice relating to it is published in accordance with subsection (3): ( a ) a code of practice or standard of performance; ( b ) an amendment to a code of practice or standard of performance; ( c ) the revocation of a code of practice or standard of performance. [33/2020] (5) A code of practice or standard of performance has no legislative effect. [33/2020] (6) Subject to subsections (4) and (7), a person must comply with any code of practice or standard of performance that is applicable to that person. [33/2020] (7) The Director-General may, either generally or for such time as the Director‑General may specify, waive the application to any person of any code of practice or standard of performance, or of any part of any code of practice or standard of performance. [33/2020]


document_id: epha-1987
provision_ref: s100
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 100
title: Receipts, notices, etc., may be given by authorised officer
content:
100. —(1) All notices, orders, receipts, warrants and other documents which the Director‑General is empowered to give by this Act may be given by any authorised officer. (2) Where any such notice, order, receipt, warrant or document requires authentication, the signature or a facsimile thereof of the Director‑General or any authorised officer affixed thereto is sufficient authentication.


document_id: epha-1987
provision_ref: s101
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 101
title: Furnishing of information required by Director‑General
content:
101. The Director‑General may, by written notice, require the owner or occupier of any work place or work premises to furnish the Director‑General within 14 days or a longer period that may be specified in the notice any information required by the Director‑General for the purposes of this Act.


document_id: epha-1987
provision_ref: s102
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 102
title: Saving of prosecutions under other laws
content:
102. 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 written 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.


document_id: epha-1987
provision_ref: s103
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 103
title: General penalties
content:
103. Any person who contravenes any of the provisions of this Act shall be guilty of an offence and, where no penalty is expressly provided, shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: epha-1987
provision_ref: s103A
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 103A
title: Offences by bodies corporate, etc.
content:
103A. —(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 of the body corporate; or ( b ) to be attributable to any neglect on the officer’s 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. [15/2014] (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. [15/2014] (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 neglect on the partner’s 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. [15/2014] (4) 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 neglect on the part of such an officer or 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. [15/2014] (5) In this section — “body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, 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 president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. [15/2014] (6) The Minister may make regulations to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [15/2014]


document_id: epha-1987
provision_ref: s104
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 104
title: Composition of offences
content:
104. —(1) The Director-General may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. [15/2014] (2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence. (3) The Agency may, with the approval of the Minister, make rules to prescribe the offences which may be compounded and the method and procedure by which those offences may be compounded under this section. (4) All sums collected under this section must be paid into the Consolidated Fund. [15/2014]


document_id: epha-1987
provision_ref: s105
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 105
title: Inaccuracies in documents
content:
105. —(1) No misnomer or inaccurate description of any person, premises, building, street or place named or described in any document prepared, issued or served under or for the purposes of this Act affects in any way the operation of this Act as respects that person or place if that person or place is so designated in the document as to be identifiable. (2) No proceedings taken under this Act are invalid for want of form.


document_id: epha-1987
provision_ref: s106
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 106
title: Jurisdiction of court
content:
106. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act.


document_id: epha-1987
provision_ref: s107
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 107
title: Evidence
content:
107. —(1) The contents of any document prepared, issued or served under or for the purposes of this Act are, until the contrary is proved, presumed to be correct and the production of any book purporting to contain any apportionment made under this Act shall, without any other evidence, be received as prima facie proof of the making and validity of the apportionment mentioned therein. (2) All records, registers and other documents kept by the Director‑General or by any public officer for the purposes of this Act are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts (as the case may be) and subscribed by the officer with his or her name and his or her official title are admissible in evidence as proof of the contents of the documents or extracts therefrom.


document_id: epha-1987
provision_ref: s108
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 108
title: Forms
content:
108. The Director-General may design and utilise any forms that he or she may think fit for any of the purposes of this Act, and may require any person to complete any of the forms for any such purpose.


document_id: epha-1987
provision_ref: s108A
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 108A
title: Modification of provisions
content:
108A. Sections 82, 85(3) and (4), 93(1), 94(1) and (2), 96, 97, 100, 101, 107 and 108 apply (so far as relevant) to anything done or required to be done under Parts 4 and 9 by the Director‑General, Food Administration — ( a ) as if the reference in those provisions to the Director‑General includes a reference to the Director‑General, Food Administration; ( b ) as if the reference in those provisions to the Agency were a reference to the Singapore Food Agency; ( c ) as if the reference in those provisions to an authorised officer includes a reference to an authorised officer within the meaning of section 31W; and ( d ) with any other exceptions, modifications and adaptations that the differences between Part 4 and other Parts require. [11/2019] [Act 7 of 2025 wef 28/11/2025]


document_id: epha-1987
provision_ref: s109
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 109
title: Amendment of Schedules
content:
109. The Minister may, from time to time, by notification in the Gazette , add to, alter or amend any of the Schedules.


document_id: epha-1987
provision_ref: s110
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 110
title: Exemption
content:
110. —(1) The Agency may, subject to the general or special directions of the Minister, either permanently or for such period as the Agency thinks fit, exempt any person, facility, system, premises or works, or any class of persons, facilities, systems, premises or works from any of the provisions of this Act, except Part 4. [11/2019; 33/2020] [Act 7 of 2025 wef 28/11/2025] (2) The Singapore Food Agency may, subject to the general or special directions of the Minister charged with the responsibility for food safety, either permanently or for such period as the Singapore Food Agency thinks fit, exempt any person or premises or any class of persons or premises from any of the provisions of Part 4. [11/2019] [Act 7 of 2025 wef 28/11/2025]


document_id: epha-1987
provision_ref: s111
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 111
title: Regulations
content:
111. —(1) The Agency may, with the approval of the Minister, make regulations for or in respect of every purpose which the Minister considers necessary for carrying out the provisions of this Act, and in particular, without limiting the foregoing, for or in respect of all or any of the matters specified in the Third Schedule. (1A) Regulations made under this section may make different provision for different classes, descriptions or types of persons, facilities, systems, premises or works. [33/2020] (1B) Regulations made under this section may provide for — ( a ) different prescribed components referred to in paragraphs ( b ) and ( c ) of the definition of “progressive wage model bonus” in section 2, in respect of cleaners, waste collection workers and waste disposal workers, respectively; and ( b ) different prescribed conditions referred to in sections 23A(1) and (2), 31AA(1) and (2) and 80H(1) for different classes of waste disposal licences, waste collector licences and cleaning business licences, respectively. [Act 5 of 2023 wef 01/07/2023] (2) The Agency may, with the approval of the Minister, in making any regulations, prescribe the circumstances in which it is presumed that an offence under the provisions of any such regulations was committed. (3) The Agency may, with the approval of the Minister, in making any regulations, provide that any contravention of, or failure or neglect to comply with any regulations shall be an offence and may prescribe the fine with which the offence shall be punishable, but so that no such fine shall exceed for any one offence the sum of $20,000 and, in the case of a continuing offence, the sum of $1,000 for every day or part of a day during which the offence continues after conviction. [15/2014] (4) All regulations made under this Act (except section 42A) must be published in the Gazette and must be presented to Parliament as soon as possible after publication. [11/2019] [Act 7 of 2025 wef 28/11/2025]


document_id: epha-1987
provision_ref: s111A
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 111A
title: Validation of collection of fee or charge for late payment of fee or charge
content:
111A. Every amount collected before the date of commencement of the Statutes (Miscellaneous Amendments) Act 2008 as, or purportedly as, a fee or charge for the late payment of any fee or charge under this Act shall be deemed to be and always to have been validly collected, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such collection. [Act 4 of 2008 wef 01/04/2024]


document_id: epma-1999
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. 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 section 2(1) of the Building Control Act 1989; [Act 23 of 2023 wef 18/12/2023] “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 (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 [Act 12 of 2020 wef 01/10/2025] ( d ) the limited common property of any subdivided building — includes the subsidiary management corporation established under the Building (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; [Act 12 of 2020 wef 01/10/2025] “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; [ Deleted by Act 23 of 2023 wef 18/12/2023 ] “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. [47/2004; 12/2011; 4/2016; 4/2021] [*Updated to be consistent with the 2020 Revised Edition]


document_id: epma-1999
provision_ref: s3
chapter: PART 2 - ADMINISTRATION
section: 3
title: Appointment of Director-General and authorised officers
content:
3. —(1) The Minister may 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. [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (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. [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.


document_id: epma-1999
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Public servants
content:
4. 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.


document_id: epma-1999
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Protection from personal liability
content:
5. —(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. [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. [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.


document_id: epma-1999
provision_ref: s6
chapter: PART 3 - USE OF SCHEDULED PREMISES
section: 6
title: Written permission for use of scheduled premises
content:
6. —(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. [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. [12/2011]


document_id: epma-1999
provision_ref: s7
chapter: PART 3 - USE OF SCHEDULED PREMISES
section: 7
title: Power of Director-General to attach conditions to written permission
content:
7. —(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. [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). [12/2011] (3) Any person who fails to comply with subsection (2) shall be guilty of an offence. [12/2011]


document_id: epma-1999
provision_ref: s8
chapter: PART 3 - USE OF SCHEDULED PREMISES
section: 8
title: Permit for certain works on scheduled premises
content:
8. —(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. [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. [12/2011]


document_id: epma-1999
provision_ref: s9
chapter: PART 3 - USE OF SCHEDULED PREMISES
section: 9
title: Change of owner or occupier
content:
9. —(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. [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. [12/2011]


document_id: epma-1999
provision_ref: s10
chapter: PART 4 - AIR POLLUTION CONTROL
section: 10
title: Occupier to maintain and operate air pollution control equipment
content:
10. —(1) The occupier of any industrial or trade premises must maintain any fuel burning equipment and any air pollution control equipment installed in or on the premises in an efficient condition. (2) The occupier of any industrial or trade premises must ensure that any air pollution control equipment installed in or on the premises is working in a proper and efficient manner whenever the industrial plant or fuel burning equipment is being used. (3) Any occupier who fails to comply with subsection (1) or (2) shall be guilty of an offence.


document_id: epma-1999
provision_ref: s11
chapter: PART 4 - AIR POLLUTION CONTROL
section: 11
title: Prohibition of dark smoke from chimney
content:
11. —(1) Any owner or occupier of any industrial or trade premises who causes, permits or allows the emission of dark smoke from a chimney of, or used in connection with, those premises shall be guilty of an offence. (2) This section does not apply to the emission of dark smoke from any chimney lasting for not longer than any periods that may be prescribed and subject to any prescribed limitations.


document_id: epma-1999
provision_ref: s12
chapter: PART 4 - AIR POLLUTION CONTROL
section: 12
title: Control of air impurities
content:
12. —(1) Any owner or occupier of any industrial or trade premises who carries on any trade or industrial process, or operates any fuel burning equipment or industrial plant in or on the premises in any manner that causes, permits or allows the emission of air impurities in excess of the standard of concentration or rate of emission prescribed in respect of that industry, process, fuel burning equipment or industrial plant shall be guilty of an offence. (2) Where any such standard has not been so prescribed, it is the duty of the owner or occupier of any industrial or trade premises to carry on any trade or industrial process or operate any fuel burning equipment or industrial plant in or on the premises by the best practicable means available as may be necessary to prevent or minimise air pollution. (3) Any dispute that arises as to the best practicable means available for the purposes of subsection (2) is to be determined by the Director‑General. (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.


document_id: epma-1999
provision_ref: s13
chapter: PART 4 - AIR POLLUTION CONTROL
section: 13
title: Power of Director-General to require work on any premises
content:
13. —(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. [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.


document_id: epma-1999
provision_ref: s14
chapter: PART 4 - AIR POLLUTION CONTROL
section: 14
title:
Power to prohibit use of combustible materials, fuel burning equipment or industrial plants in designated areas

content:
14. —(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.


document_id: epma-1999
provision_ref: s15
chapter: PART 5 - WATER POLLUTION CONTROL
section: 15
title:
Written permission for discharge of trade effluent, oil, chemical, sewage or other polluting matters

content:
15. —(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. [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. [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.


document_id: epma-1999
provision_ref: s16
chapter: PART 5 - WATER POLLUTION CONTROL
section: 16
title: Plant for treatment of trade effluent
content:
16. —(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. [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.


document_id: epma-1999
provision_ref: s17
chapter: PART 5 - WATER POLLUTION CONTROL
section: 17
title: Penalties for discharging toxic substances or hazardous substances into inland waters
content:
17. —(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.


document_id: epma-1999
provision_ref: s18
chapter: PART 5 - WATER POLLUTION CONTROL
section: 18
title:
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

content:
18. —(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.


document_id: epma-1999
provision_ref: s19
chapter: PART 5 - WATER POLLUTION CONTROL
section: 19
title:
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

content:
19. —(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.


document_id: epma-1999
provision_ref: s20
chapter: PART 6 - LAND POLLUTION CONTROL
section: 20
title: Pollution of land
content:
20. 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.


document_id: epma-1999
provision_ref: s21
chapter: PART 7 - HAZARDOUS SUBSTANCES CONTROL
section: 21
title: Application of this Part to hazardous substances
content:
21. 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.


document_id: epma-1999
provision_ref: s22
chapter: PART 7 - HAZARDOUS SUBSTANCES CONTROL
section: 22
title: General prohibition with respect to importation, manufacture and sale of hazardous substances
content:
22. —(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. [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. [12/2011] (3) Any person who contravenes subsection (1) shall be guilty of an offence. [12/2011]


document_id: epma-1999
provision_ref: s23
chapter: PART 7 - HAZARDOUS SUBSTANCES CONTROL
section: 23
title:
Prohibitions and regulations with respect to importation, manufacture and sale of hazardous substances

content:
23. —(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. [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.


document_id: epma-1999
provision_ref: s24
chapter: PART 7 - HAZARDOUS SUBSTANCES CONTROL
section: 24
title: Storage, use and dealing of hazardous substances
content:
24. —(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.


document_id: epma-1999
provision_ref: s25
chapter: PART 7 - HAZARDOUS SUBSTANCES CONTROL
section: 25
title: Power of Director-General to require removal of hazardous substances from premises
content:
25. —(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. [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. [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.


document_id: epma-1999
provision_ref: s26
chapter: PART 7 - HAZARDOUS SUBSTANCES CONTROL
section: 26
title: Power to require owner or occupier of hazardous installations to carry out impact analysis studies
content:
26. —(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.


document_id: epma-1999
provision_ref: s27
chapter: PART 7 - HAZARDOUS SUBSTANCES CONTROL
section: 27
title: Penalty for offences involving hazardous substances
content:
27. 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.


document_id: epma-1999
provision_ref: s28
chapter: PART 8 - NOISE CONTROL
section: 28
title: Control of noise from construction of building and other works
content:
28. —(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.


document_id: epma-1999
provision_ref: s28A
chapter: PART 8 - NOISE CONTROL
section: 28A
title: Surveillance system
content:
28A. —(1) Where it appears to the Director‑General that — ( a ) any works of any description mentioned in section 28(1) are being carried out on any construction site (called in this section the subject premises); and ( b ) the owner or occupier of the subject premises (called in this section the responsible person) has contravened or is contravening any regulations relating to the days and times when the works may be carried out on the subject premises, the Director‑General may, by written notice, require the responsible person to install, operate and maintain, at the responsible person’s own expense, an electronic video surveillance system (called in this section a surveillance system) for the purpose of monitoring whether and when the works are being carried out on the subject premises. (2) For the purpose of subsection (1), the written notice may specify — ( a ) the description or type of surveillance system required, and any criteria for the surveillance system, including — (i) the resolution of the images, and the number of frames per second, capable of being recorded using the surveillance system; (ii) the ability of the surveillance system to record images under various lighting conditions; and (iii) the quality of any sound capable of being recorded using the surveillance system; ( b ) the location or locations in or on the subject premises, or in or on any premises that are adjacent to the subject premises (called in this section adjacent premises), at which the closed‑circuit television cameras or other electronic visual monitoring devices of the surveillance system (whether with or without accompanying audio features) (called in this section monitoring devices) must be installed, the number of such monitoring devices at any such location and the part of the subject premises to be recorded by any such monitoring device; ( c ) the time by which the surveillance system must be installed; and ( d ) the period of any day (whether the whole or any part or parts of the day) during which the surveillance system or any part of the surveillance system must be operational. (3) For the purpose of subsection (2), the written notice may specify different descriptions or types of surveillance systems, and different criteria for the surveillance systems, for different parts of the subject premises or any adjacent premises. (4) The responsible person must — ( a ) keep each recording made using any surveillance system installed under this section, for such period and in accordance with such requirements as may be specified in the written notice; and ( b ) provide the Director‑General or any authorised officer with full and free access to any recording mentioned in paragraph ( a ), or with a copy of any such recording. (5) Without affecting subsection (7), if a responsible person fails to comply with a written notice given to the responsible person under subsection (1) in respect of the subject premises — ( a ) the Director‑General or any authorised officer may install, operate and maintain any surveillance system in or on the subject premises, in accordance with the requirements for the surveillance system set out in the written notice; ( b ) the responsible person must provide the Director‑General or authorised officer with any reasonable assistance requested by the Director‑General or authorised officer in the exercise of the powers conferred under paragraph ( a ), including granting the Director‑General or authorised officer or a contractor appointed by the Director‑General or authorised officer access to such cables and wiring as may be necessary or to the surveillance system so installed; and ( c ) any costs and expenses incurred by the Director‑General or authorised officer in exercise of the powers conferred under paragraph ( a ) are recoverable from the responsible person as a debt due to the Agency. (6) A responsible person must take all reasonable steps to ensure that no person — ( a ) in relation to any monitoring device installed under this section, for any part of any period for which the whole or the part of the surveillance system that the monitoring device is a part of, is required to be operational under this section — (i) obscures or in any way obstructs any part of the field of view of the monitoring device; or (ii) prevents the monitoring device from receiving or recording any sound that the monitoring device is intended to receive or record; or ( b ) tampers with or does anything to compromise or adversely affect any image, sound or video recorded by, or the proper functioning of, any part of any surveillance system installed under this section. (7) A responsible person that, without reasonable excuse — ( a ) fails to comply with a written notice given to the responsible person under subsection (1); or ( b ) contravenes subsection (4), (5)( b ) or (6), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 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. (8) For the purpose of subsection (7)( a ), it is a reasonable excuse for a responsible person not to comply with a written notice given to the responsible person under subsection (1) if, and to the extent that — ( a ) the written notice requires the responsible person to install, operate or maintain any one or more monitoring devices at any location or locations in or on any adjacent premises; ( b ) the responsible person is not the owner or occupier of the adjacent premises; and ( c ) the responsible person has taken reasonable steps, but is unable, to obtain the consent of the owner or occupier of the adjacent premises for the responsible person to install, operate or maintain the monitoring devices (as the case may be) in the manner required by the written notice. (9) Section 41 does not apply to a written notice under this section. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s29
chapter: PART 8 - NOISE CONTROL
section: 29
title: Control of noise from work place
content:
29. —(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.


document_id: epma-1999
provision_ref: s30
chapter: PART 8 - NOISE CONTROL
section: 30
title: Director-General to have regard to certain provisions
content:
30. 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.


document_id: epma-1999
provision_ref: s31
chapter: PART 9 - LICENCES
section: 31
title: Single licence
content:
31. —(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.


document_id: epma-1999
provision_ref: s32
chapter: PART 9 - LICENCES
section: 32
title: General provisions on licences
content:
32. —(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, but excludes any certificate issued by the Director-General under Part 9A. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33
title: Interpretation of this Part
content:
33. In this Part — “amended plans” means plans showing any deviation from, or any amendment or addition to, any plans of controlled works certified by the Director-General in a clearance certificate; “building” has the meaning given by section 2(1) of the Building Control Act 1989; “clearance certificate” means a certificate described in section 33B(1) and issued under section 33D(2)( a ), and includes such certificate issued under section 33D(2)( a ) as applied by section 33G; “compliance certificate” means a certificate described in section 33I(1) and issued under section 33I(3)( a ); “controlled works” means any building works or industrial plant works; “design certificate” means a certificate described in section 33E(1) and issued under section 33E(3)( a ); “developer”, in relation to any controlled works, means the person for whom or on whose behalf the controlled works are carried out; “foundation” means that part of a building which is below or in direct contact with the ground, and through which the weight of the building and the loads acting on the building are transmitted to the ground, and includes any footing, raft or pile of the building; “plans”, in relation to any controlled works — ( a ) includes drawings, details, diagrams, digital representations generated from building information modelling, structural details and calculations showing or relating to the works; and ( b ) if prepared in electronic form, includes the medium in which the plans of the works have been stored; “pollution control requirements” means the requirements set out in regulations made under section 77 and any prescribed codes of practice relating to the prevention, reduction or control of pollution of the environment from any completed buildings or industrial plants; “site formation works” means any kind of site formation and includes earthworks for site stabilisation, the construction of foundations, basements, sub-structures, piling, underpinning, ground anchors, trenches or any other kind of ground works; “temporary compliance certificate” means a certificate issued under section 33J(1). [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33A
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33A
title: Purpose of this Part
content:
33A. —(1) The purpose of this Part is to establish a regulatory framework to prevent, reduce or control pollution of the environment from any completed buildings and industrial plants. (2) This Part does not limit the operation of any other written law relating to the regulation of controlled works. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33B
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33B
title: No controlled works without clearance certificate
content:
33B. —(1) Subject to sections 33C and 33E, a person must not commence or carry out, or permit or authorise the commencement or carrying out of any controlled works without a certificate (called in this Part a clearance certificate) issued by the Director-General under section 33D(2)( a ) in respect of those controlled works. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable — ( a ) on the first conviction, to a fine not exceeding $20,000 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 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 that second or subsequent conviction. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33C
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33C
title: Controlled works exempt from section 33B
content:
33C. —(1) Regulations made under section 77 may exempt from section 33B any class of controlled works for any buildings or industrial plants that have been assessed by the Agency to pose a low risk of pollution to the environment, subject to such conditions as may be prescribed. (2) The conditions mentioned in subsection (1) may include (but are not limited to) the following: ( a ) that the plans of the controlled works must be lodged with the Director-General, in the form and manner and within the time specified by the Director-General, together with any other information or documents specified by the Director-General; ( b ) that the person who prepared the plans of the controlled works must provide to the Director-General, in the form and manner and within the time specified by the Director-General, a declaration of the matters specified by the Director-General. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33D
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33D
title: Application for clearance certificate
content:
33D. —(1) An application for a clearance certificate for any controlled works must be made to the Director-General by the developer of the controlled works, in the form and manner specified by the Director-General, and must be accompanied by the documents and information specified by the Director-General. (2) Subject to section 33F, the Director-General may — ( a ) if the plans of the controlled works comply with the pollution control requirements (except any requirements that have been waived in the particular case by the Director-General), approve the application and issue a clearance certificate, with or without conditions; ( b ) give a written direction to the developer to comply with any requirement that the Director-General may specify for the purpose of ensuring that all or any of the plans submitted to him or her comply with specified pollution control requirements; or ( c ) disapprove the application. (3) If a direction given by the Director-General under subsection (2)( b ) is not complied with within the period specified in that direction, or such further period as may be allowed by the Director-General, the application is, at the end of that period, deemed to be disapproved by the Director-General. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33E
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33E
title: Preliminary certification of building designs
content:
33E. —(1) A developer of any controlled works to which section 33B applies who intends to carry out any part of those works (being site formation works or other prescribed works) before the issue of a clearance certificate, may apply to the Director-General for a preliminary certificate (called in this Part a design certificate). (2) An application for a design certificate must be made to the Director-General, in the form and manner specified by the Director-General, and must be accompanied by — ( a ) information on the key design parameters of the controlled works specified by the Director-General; and ( b ) any other documents and information specified by the Director-General. (3) Subject to section 33F, the Director-General may — ( a ) if the key design parameters of the controlled works comply with the pollution control requirements (except any requirements that have been waived in the particular case by the Director-General), approve the application and issue a design certificate, with or without conditions; ( b ) give a written direction to the developer to comply with any requirement that the Director-General may specify for the purpose of ensuring that the key design parameters of the controlled works comply with specified pollution control requirements; or ( c ) disapprove the application. (4) If a direction given by the Director-General under subsection (3)( b ) is not complied with within the period specified in that direction, or such further period as may be allowed by the Director-General, the application is, at the end of that period, deemed to be disapproved by the Director-General. (5) A design certificate — ( a ) is valid for such period as the Director-General may specify, which may be extended for such further period or periods as the Director-General may specify; and ( b ) authorises the developer to carry out, during the period of its validity, such site formation works or other prescribed works as the Director-General may specify, without the need for a clearance certificate. (6) Regulations made under section 77 may prescribe what are key design parameters of any controlled works for the purposes of this section. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33F
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33F
title: Additional requirements for new ventures under Energy Conservation Act 2012
content:
33F. —(1) Where any controlled works constitute a new venture under section 26A of the Energy Conservation Act 2012 for which an assessment mentioned in that section must be conducted and a report of the assessment approved by the Director-General under that section, the Director-General must not issue a design certificate or clearance certificate for the controlled works without first approving the report. (2) Despite subsection (1), the Director-General may issue the applicant with a design certificate or clearance certificate subject to the condition (in addition to any other condition that may be imposed under section 33D(2)( a ) or 33E(3)( a ) (as the case may be)) that the applicant must submit the report mentioned in subsection (1) to the Director-General for his or her approval within the period specified by the Director-General. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33G
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33G
title: New clearance certificate required for amended plans of controlled works
content:
33G. —(1) A developer of controlled works who intends to depart or deviate from any plans of those works for which a clearance certificate has been issued, must apply to the Director-General for another clearance certificate (called in this section a new certificate) for the amended plans showing the departure or deviation. (2) Section 33D(2) and (3) applies (with the necessary modifications) to applications made under subsection (1) as it applies to applications made under section 33D(1). (3) Where the Director-General has issued a new certificate pursuant to an application under subsection (1), the previous clearance certificate for the same controlled works is treated as cancelled. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33H
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33H
title: Offence to deviate from plans certified in clearance certificate
content:
33H. —(1) A person who, in carrying out any controlled works deviates, or permits or authorises the controlled works to deviate, in any material way from any plans of the controlled works for which a clearance certificate has been issued shall be guilty of an offence and shall be liable — ( a ) on the first conviction to a fine not exceeding $20,000; and ( b ) on a second or subsequent conviction to a fine not exceeding $50,000. (2) In proceedings for an offence under subsection (1) — ( a ) it is not necessary for the prosecution to prove that the accused knew that the controlled works deviate in any material way from the plans as so certified; but ( b ) it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know and could not reasonably have known of the plans. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33I
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33I
title: Compliance certificate required upon completion of controlled works
content:
33I. —(1) Upon the completion of any controlled works the plans (including any amended plans) of which have been certified in a clearance certificate, the developer of the controlled works must apply to the Director-General for a further certificate (called in this Part a compliance certificate) that the controlled works have been completed in accordance with — ( a ) the plans as so certified; and ( b ) the conditions (if any) in the clearance certificate. (2) The Director-General may, on an application under subsection (1), require the developer or a registered inspector appointed by the developer to inspect the completed controlled works and submit a report stating whether the controlled works have been completed in accordance with subsection (1)( a ) and ( b ). (3) The Director-General may, after considering the application under subsection (1) and any report submitted under subsection (2) — ( a ) issue (subject to any conditions that he or she thinks fit) a compliance certificate if the controlled works have been completed in accordance with subsection (1)( a ) and ( b ) (except for any non-compliance that has been waived in a particular case by the Director-General); ( b ) give a written direction to the developer to comply within a specified period with any requirement that the Director-General may specify for the purpose of ensuring that the controlled works have been completed in accordance with subsection (1)( a ) and ( b ); or ( c ) disapprove the application. (4) Without limiting subsection (3)( b ), a direction may require specified work or alteration to be carried out at the expense of the developer, within a specified period and to the satisfaction of the Director-General. (5) If a direction is not complied with within the period specified in that direction, or such further period as may be allowed by the Director-General, the application under subsection (1) is, at the end of that period, deemed to be disapproved by the Director-General. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33J
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33J
title: Temporary compliance certificate
content:
33J. —(1) Where an application has been made under section 33I for a compliance certificate for any controlled works, the Director-General may, before issuing the compliance certificate, issue a temporary compliance certificate in the first instance. (2) A temporary compliance certificate is valid for such period as the Director-General may specify, and may be issued subject to conditions including (but not limited to) a condition that the developer of the controlled works comply with any written direction mentioned in section 33I(3)( b ). (3) For the purposes of subsection (2), section 33I(3)( b ) and (4) applies (with the necessary modifications) to that subsection. (4) A temporary compliance certificate is only prima facie evidence that the building that is the subject of the controlled works or in relation to which those works are done, has met the minimum pollution control requirements that the Director-General considers necessary for occupation, and is not evidence that the controlled works have been completed in accordance with section 33I(1)( a ) and ( b ). (5) The Director-General may amend, suspend or, in the event of a failure to comply with any condition imposed under subsection (2), revoke any temporary compliance certificate. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33K
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33K
title: Consequences of providing false or misleading information, etc.
content:
33K. —(1) Any person who, for the purpose of obtaining any certificate under this Part, provides to the Director-General any plan, declaration, document or other information that is false or misleading in a material particular, shall be guilty of an offence and shall be liable — ( a ) on the first conviction to a fine not exceeding $20,000; and ( b ) on a second or subsequent conviction to a fine not exceeding $50,000. (2) The Director-General may at any time revoke any certificate issued under this Part (including, to avoid doubt, a temporary compliance certificate), if the Director-General is satisfied that any plan, declaration, document or other information provided to him or her for the purpose of obtaining the certificate is false or misleading in a material particular. (3) Where a clearance certificate has been revoked under subsection (2), any compliance certificate or temporary compliance certificate issued in respect of the same controlled works is also treated as revoked. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33L
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33L
title: Appeals under this Part
content:
33L. —(1) Any person who is aggrieved by a decision of the Director-General (called in this section a relevant decision) — ( a ) to disapprove an application under section 33D(2)( c ), 33E(3)( c ) or 33I(3)( c ) (except, to avoid doubt, any such application that is deemed to be disapproved); ( b ) to impose conditions under section 33D(2)( a ), 33E(3)( a ), 33I(3)( a ) or 33J(2) on the grant of a certificate; or ( c ) to revoke any certificate under section 33J(5) or 33K(2), may, within 14 days after the person receives the relevant decision, apply to the Director-General to reconsider the relevant decision. (2) The application must be made by giving a written notice to the Director-General for reconsideration that states precisely the grounds of the person’s objections to the relevant decision. (3) After considering the written notice for reconsideration, the Director-General may do any of the following (called in this section the reconsidered decision): ( a ) confirm or rescind the relevant decision; ( b ) substitute or vary the relevant decision, and make any decision that the Director-General is competent to make under the provisions mentioned in subsection (1)( a ), ( b ) and ( c ). (4) The Director-General’s reconsidered decision must be given in writing to the person that requested the reconsideration. (5) If the person remains aggrieved by the reconsidered decision, the person may, within 14 days after the person receives the reconsidered decision, appeal in writing to the Minister. (6) After considering the appeal, the Minister may — ( a ) confirm or rescind the reconsidered decision; or ( b ) substitute or vary the reconsidered decision, and make any decision that the Director-General is competent to make under the provisions mentioned in subsection (1)( a ), ( b ) and ( c ). (7) The Minister’s decision on the appeal is final. (8) The Minister’s decision on the appeal must be given to the appellant in writing. (9) A relevant decision takes effect despite any request for a reconsideration of the relevant decision, unless the Director-General otherwise directs; and a reconsidered decision takes effect despite any appeal against the reconsidered decision under subsection (5), unless the Minister otherwise directs. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33M
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33M
title: Designation of persons to hear appeals
content:
33M. —(1) The Minister may designate — ( a ) any Minister of State, Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary, for his or her Ministry; or ( b ) any public officer in his or her Ministry, to hear and determine (in the Minister’s place) any appeal under section 33L. (2) Any reference in section 33L to the Minister includes a reference to the Minister of State, Senior Minister of State, Parliamentary Secretary, Senior Parliamentary Secretary or public officer so designated under subsection (1). [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s33N
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 33N
title: Use of electronic service for making applications, etc.
content:
33N. —(1) The Director-General may permit — ( a ) an application to him or her under this Part; or ( b ) a lodgment of any document or information with him or her for the purposes of this Part, to be made through the electronic service described in section 42AA of the Building Control Act 1989. (2) Where a person uses the electronic service mentioned in subsection (1) to make an application to or a lodgment with the Director-General, the Director-General may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application or lodgment, by sending it to the person’s account with the electronic service. (3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service. (4) This section applies despite anything to the contrary in this Act. (5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010. [Act 23 of 2023 wef 18/12/2023]


document_id: epma-1999
provision_ref: s34
chapter: PART 9A - POLLUTION CONTROL REQUIREMENTS
section: 34
title: Registration, appointment and duties of registered inspectors
content:
34. —(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.


document_id: epma-1999
provision_ref: s35
chapter: PART 10 - ENVIRONMENTAL POLLUTION CONTROL MEASURES
section: 35
title: Principal contractor to prevent pollution from construction site
content:
35. —(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.


document_id: epma-1999
provision_ref: s36
chapter: PART 10 - ENVIRONMENTAL POLLUTION CONTROL MEASURES
section: 36
title: Study on pollution control
content:
36. —(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 ) 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 measures to prevent, reduce or control pollution of the environment; and ( c ) to implement any measures to prevent, reduce or control pollution of the environment that the Director‑General may approve or specify. (2) The study mentioned in subsection (1) must be conducted in the manner that the Director‑General may, by written notice, require, and for this purpose, the Director‑General may issue guidelines for the conduct of the study. (3) 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 person under subsection (1)( b ); or ( b ) require the person to conduct a further study. (4) Any person who fails to comply with a notice made under subsection (1) or (3) shall be guilty of an offence.


document_id: epma-1999
provision_ref: s37
chapter: PART 10 - ENVIRONMENTAL POLLUTION CONTROL MEASURES
section: 37
title: Self-monitoring and submission of results
content:
37. —(1) The Director-General may, by written notice, require the owner or occupier of any premises from which any air impurity, trade effluent or hazardous substance is generated and emitted into the atmosphere, discharged into the public sewerage system or any land, drain or inland waters to install suitable monitoring equipment or systems at any point along the line of discharge, to monitor the quality or quantity of such emission or discharge or both. (2) The owner or occupier of any premises with monitoring equipment or systems installed must — ( a ) ensure that the equipment or systems are working in a proper and efficient manner; ( b ) keep a proper record of all monitoring results; and ( c ) submit the records to the Director‑General as the Director‑General may require. (3) Any monitoring result which shows that any standard prescribed in the regulations has not been complied with is, until the contrary is proved, admissible as evidence in any proceedings against the owner or occupier of the premises for failure to comply with any provision of this Act. (4) Without limiting subsection (3), the Director‑General may, by written notice, require the owner or occupier of the premises to install further suitable devices or systems to prevent the emission of air impurities, discharge of trade effluent or emission or discharge of any hazardous substance, if the level of emission or discharge fails to comply with the prescribed standards or requirements. (5) Any person who, without the written consent of the Director‑General, alters or causes to be altered any monitoring equipment or system mentioned in subsection (1) shall be guilty of an offence.


document_id: epma-1999
provision_ref: s38
chapter: PART 10 - ENVIRONMENTAL POLLUTION CONTROL MEASURES
section: 38
title: Regulations for mandatory insurance
content:
38. —(1) The Agency may, with the approval of the Minister, make regulations to require an owner or occupier of industrial or trade premises or a person who handles, stores, transports or uses hazardous substances to take out and maintain policies of insurance in such circumstances and against liabilities for any risks, costs or damages that may be prescribed in the regulations. (2) 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.


document_id: epma-1999
provision_ref: s39
chapter: PART 10 - ENVIRONMENTAL POLLUTION CONTROL MEASURES
section: 39
title: Power to prohibit work and processes in certain circumstances
content:
39. —(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. [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). [40/2019]


document_id: epma-1999
provision_ref: s40
chapter: PART 10 - ENVIRONMENTAL POLLUTION CONTROL MEASURES
section: 40
title: Advisory and technical committees
content:
40. —(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.


document_id: epma-1999
provision_ref: s40A
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40A
title: Interpretation of this Part
content:
40A. In this Part — “competent person” means any individual — ( a ) who meets all the requirements that the individual must satisfy to be a competent person, as published and updated from time to time on the Agency’s official website; and ( b ) whose name is listed under any registered GHG entity in the register mentioned in section 40O, as a competent person; “effective date” — ( a ) in relation to any GHG goods of any class, description or type, means the date on which those GHG goods become regulated goods as specified in an order under section 40B; and ( b ) in relation to any GHG works, means the date on which those GHG works become regulated GHG works as specified in an order under section 40K; “GHG goods” means any device, appliance, equipment, article or thing that requires any greenhouse gas (whether or not in its gaseous state) for its use or operation, and includes 2 or more such devices, appliances, equipment, articles or things that are interconnected, and interdependent or interacting, so as to form a system carrying out one or more functions; “GHG works” means any activity, or any series of activities (including ancillary activities), that involves the use or handling of any greenhouse gas; “global warming potential”, in relation to a greenhouse gas or a blend or mixture of greenhouse gases, means the climatic warming potential of the greenhouse gas or the blend or mixture (as the case may be) relative to the climatic warming potential of carbon dioxide (calculated in terms of the 100‑year warming potential of one kilogram of the greenhouse gas or the blend or mixture of greenhouse gases (as the case may be) relative to one kilogram of carbon dioxide), as published and updated from time to time on the Agency’s official website; “global warming potential limit”, in relation to any class, description or type of regulated goods, means the prescribed maximum allowable global warming potential of the greenhouse gas or the blend or mixture of greenhouse gases required for the use or operation of that class, description or type of regulated goods; “greenhouse gas” means any of the following: ( a ) any substance that is specified as a greenhouse gas in the prescribed IPCC Assessment Report issued by the Intergovernmental Panel on Climate Change; ( b ) any other substance that is prescribed as a greenhouse gas for the purposes of this Part; “label”, in relation to any regulated goods, includes marking or affixing a label to the regulated goods; “manufacture” means to make, fabricate, produce or process any GHG goods and includes — ( a ) the adapting for sale of any GHG goods; and ( b ) the altering, ornamenting or finishing or the assembling or processing in any form of any GHG goods; “owner”, in relation to any GHG goods, includes the person — ( a ) having control of the GHG goods; or ( b ) receiving or entitled to receive any rent or charge for the use of the GHG goods; “registered GHG entity” means any person that is registered as a registered GHG entity under section 40M(4)( a ); “registered supplier” means any importer or manufacturer that is registered as a registered supplier under section 40E(5); “regulated GHG works” means any GHG works of a class, description or type prescribed as regulated GHG works under section 40K; “regulated goods” means any GHG goods of a class, description or type prescribed as regulated goods under section 40B; “supply”, in relation to any GHG goods, means — ( a ) the supply of the GHG goods by way of sale, lease, loan, hire or hire‑purchase; ( b ) the supply of the GHG goods in connection with any agreement; or ( c ) an offer to supply the GHG goods in accordance with paragraph ( a ) or ( b ). [Act 24 of 2021 wef 01/10/2022] Division 2 &#x2014; Measures relating to GHG goods Subdivision (1) &#x2014; Restrictions on supplies of
regulated goods


document_id: epma-1999
provision_ref: s40B
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40B
title: Regulated goods
content:
40B. The Minister may, after consultation with the Agency, by order in the Gazette , prescribe any class, description or type of GHG goods to be regulated goods for the purposes of this Part from and including the date specified in the order, and may prescribe — ( a ) any class, description or type of GHG goods to be regulated goods only under prescribed circumstances; ( b ) any class, description or type of GHG goods to be regulated goods under different prescribed circumstances for different provisions of this Part; and ( c ) different classes, descriptions and types of GHG goods to be regulated goods for different provisions of this Part. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40C
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40C
title: Restriction on importers and manufacturers
content:
40C. —(1) Without affecting section 40D, a person that imports or manufactures any GHG goods (called in this Part an importer or a manufacturer, respectively) must not supply those GHG goods in Singapore on or after the effective date on which those GHG goods become regulated goods, unless the importer or manufacturer is a registered supplier for those regulated goods. (2) A person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40D
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40D
title: Restrictions on supplies and imports of regulated goods
content:
40D. —(1) Subject to this section, on or after the effective date on which GHG goods of a particular class, description or type become regulated goods, a person must not — ( a ) supply in Singapore any GHG goods that are such regulated goods (whether the GHG goods were imported into Singapore or manufactured in Singapore by the person or another person), if — (i) the GHG goods do not comply with one or more of the requirements mentioned in subsection (4) which are prescribed as being applicable to such regulated goods and not waived under section 40Y for those GHG goods; and (ii) the supply is made — (A) by the person to another person in the course or furtherance of the firstmentioned person’s trade or business; or (B) by the person to another person in furtherance of the second-mentioned person’s trade or business; or ( b ) import for the person’s own use any GHG goods that are such regulated goods, where the GHG goods do not comply with one or more of the requirements mentioned in subsection (4) which are prescribed as being applicable to such regulated goods and not waived under section 40Y for those GHG goods. (2) Without limiting subsection (1)( a ) and ( b ), a person is regarded as making a supply of, or importing for the person’s own use, GHG goods (but only to the extent of those goods), even where those GHG goods are combined with other goods or systems and supplied or imported (as the case may be) together with the other goods or systems as a whole. (3) A person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (4) For the purpose of subsection (1), the requirements that may be prescribed as applicable to any regulated goods are as follows: ( a ) the regulated goods must be registered; ( b ) the regulated goods must conform to either or both of the following: (i) the global warming potential of the greenhouse gas or the blend or mixture of greenhouse gases required for the use or operation of the regulated goods must not exceed the global warming potential limit for such regulated goods; (ii) any other requirement prescribed for the regulated goods relating to environmental protection and management; ( c ) the regulated goods must be labelled with the information prescribed for such regulated goods, in the manner prescribed, or allowed by the Director-General in any particular case; ( d ) the regulated goods must be accompanied by the information prescribed for such regulated goods relating to their environmental impact (including the type, amount and global warming potential of the greenhouse gas or the blend or mixture of greenhouse gases required for the use or operation of the regulated goods), and to the environmental protection and management measures adopted in relation to the regulated goods, in the manner prescribed, or allowed by the Director-General in any particular case; ( e ) information prescribed for the regulated goods relating to their environmental impact (including the type, amount and global warming potential of the greenhouse gas or the blend or mixture of greenhouse gases required for the use or operation of the regulated goods), and to the environmental protection and management measures adopted in relation to the regulated goods, must be disseminated in the manner prescribed, or allowed by the Director‑General in any particular case. (5) Without affecting section 75, subsection (1)( a ) does not apply to a supply of any GHG goods that are regulated goods in any of the following circumstances: ( a ) the GHG goods are supplied as part of any premises by the developer of the premises, if — (i) the developer did not import or manufacture the GHG goods; and (ii) the GHG goods comply with the requirements under subsection (4) applicable to such regulated goods at the time the agreement for the supply of the GHG goods to the developer was entered into; ( b ) the GHG goods are supplied by a participant in the supply chain for the supply of the GHG goods by the developer mentioned in paragraph ( a ), if the GHG goods comply with the requirements under subsection (4) applicable to such regulated goods at the time the agreement for the supply of the GHG goods was entered into. (6) Without affecting subsection (5) or section 75, subsection (1)( a ) does not apply to a supply of any GHG goods that are regulated goods prescribed for the purposes of this subsection if — ( a ) the supply is by a participant in the supply chain for the supply of the GHG goods to a person (other than a person acting in the capacity of a developer) that intends to construct or is constructing, or is causing to be constructed, any premises; ( b ) the GHG goods are to be used in the premises; ( c ) the premises are to be occupied by the person mentioned in paragraph ( a ); ( d ) the person did not import or manufacture the GHG goods; and ( e ) the GHG goods comply with the requirements under subsection (4) applicable to such regulated goods at the time the agreement for the supply of the GHG goods was entered into. (7) In this section, “developer” means a person that carries on the business of constructing or causing to be constructed any premises for sale or lease. [Act 24 of 2021 wef 01/10/2022] Subdivision (2) &#x2014; Registration of suppliers and
regulated goods


document_id: epma-1999
provision_ref: s40E
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40E
title: Registration of suppliers and regulated goods
content:
40E. —(1) Any importer or manufacturer that wishes to be registered as a registered supplier for the purposes of section 40C must apply to the Director-General under subsection (4) to be registered as such. (2) Any importer or manufacturer that wishes to register any regulated goods for the purposes of section 40D(1) (read with section 40D(4)( a )) must apply to the Director‑General under subsection (4) for such registration. (3) For the purpose of subsection (2) — ( a ) an importer or a manufacturer that intends to import into Singapore for its own use, or for supply in Singapore, any GHG goods that are regulated goods required to be registered under section 40D, must register such regulated goods even if another importer or manufacturer has already registered such regulated goods; and ( b ) if the firstmentioned importer or manufacturer in paragraph ( a ) fails to so register such regulated goods, then the regulated goods are not regarded as registered in relation to the firstmentioned importer or manufacturer, despite the registration by the second-mentioned importer or manufacturer. (4) Every application under this section must — ( a ) be made in the form and manner that the Director‑General requires; and ( b ) be accompanied by — (i) the prescribed fee, if any; and (ii) any documents and information that the Director‑General requires to decide on the application. (5) The Director-General may register, subject to any conditions that the Director-General thinks fit to impose, or refuse to register — ( a ) any applicant as a registered supplier; or ( b ) any class, description or type of regulated goods that the applicant intends to supply in Singapore or import into Singapore for the applicant’s own use. (6) The Director-General may, at any time, impose any condition, or modify or revoke any condition imposed, on a registration. (7) The Director-General must, before imposing or modifying any condition under subsection (6), give written notice to the holder of the registration — ( a ) stating the proposed condition or modification, as the case may be; and ( b ) specifying the time within which the holder of the registration may make written representations to the Director‑General with respect to the proposed condition or modification. (8) Where the holder of the registration makes any written representations under subsection (7)( b ), the Director‑General must consider the written representations and the Director‑General’s decision must be given to the holder of the registration in writing. (9) The registration of any registered supplier or any class, description or type of regulated goods is not transferable without the Director-General’s written approval. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40F
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40F
title: Duration and renewal of registration
content:
40F. —(1) The registration of any registered supplier remains valid unless withdrawn or revoked under section 40G. (2) The registration of any regulated goods, including any renewal of such registration, is valid for 3 years unless earlier withdrawn or revoked under section 40G. (3) An application to renew the registration of any regulated goods must be made before the expiry of the registration and must — ( a ) be made in the form and manner that the Director‑General requires; and ( b ) be accompanied by — (i) the prescribed fee, if any; and (ii) any documents and information that the Director‑General requires to decide on the application. (4) The Director-General may renew the registration of any regulated goods subject to any conditions that the Director‑General thinks fit to impose, or refuse to renew such registration. (5) The Director-General may, at any time, impose any condition, or modify or revoke any condition imposed, on a renewal of registration. (6) The Director-General must, before imposing or modifying any condition under subsection (5), give written notice to the holder of the registration — ( a ) stating the proposed condition or modification, as the case may be; and ( b ) specifying the time within which the holder of the registration may make written representations to the Director-General with respect to the proposed condition or modification. (7) Where the holder of the registration makes any written representations under subsection (6)( b ), the Director-General must consider the written representations and the Director‑General’s decision must be given to the holder of the registration in writing. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40G
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40G
title: Withdrawal or revocation of registration
content:
40G. —(1) The Director-General may withdraw the registration — ( a ) of any registered supplier where the registered supplier applies to the Director‑General to withdraw the registered supplier’s registration as such; or ( b ) of any regulated goods obtained by a registered supplier or a person that imports GHG goods that are such regulated goods for the person’s own use, where the registered supplier or person applies to the Director‑General to withdraw such registration. (2) The Director-General may revoke the registration of any registered supplier after giving written notice to the registered supplier and after any inquiry that the Director‑General thinks fit — ( a ) if the Director-General is satisfied that the registered supplier procured the registration by providing any particulars, information or document, or by making any statement or representation, to the Director‑General which is false or misleading in any material particular; ( b ) if the Director-General is satisfied that the registered supplier has contravened, is contravening or is likely to contravene any condition of the registration; ( c ) if the registered supplier has been convicted of an offence under section 40D(3) of supplying regulated goods that do not meet any requirement under section 40D(4)( b ) applicable to the regulated goods; or ( d ) in the event of such other occurrence or in such other circumstances as may be prescribed. (3) The Director-General may revoke the registration of any regulated goods obtained by a registered supplier or a person importing GHG goods that are such regulated goods for the person’s own use (as the case may be), after giving written notice to the registered supplier or person, and after any inquiry that the Director‑General thinks fit, if the Director‑General is satisfied that — ( a ) any GHG goods supplied by the registered supplier or imported by the person that are such regulated goods do not conform with the results of any test or examination provided by the registered supplier or person to the Director‑General under this Part in respect of such regulated goods; ( b ) any GHG goods supplied by the registered supplier or imported by the person that are such regulated goods do not meet any requirement under section 40D(4) applicable to such regulated goods and not waived under section 40Y for those GHG goods supplied or imported; ( c ) a modification to any GHG goods that are such regulated goods has resulted in a change that affects the global warming potential of the greenhouse gas or the blend or mixture of greenhouse gases required for the use or operation of such regulated goods; ( d ) the registered supplier or person procured the registration of such regulated goods by providing any particulars, information or document, or by making any statement or representation, to the Director‑General which is false or misleading in any material particular; ( e ) the registered supplier or person has contravened, is contravening or is likely to contravene any condition of the registration of such regulated goods; or ( f ) the registered supplier or person has contravened, is contravening or is likely to contravene any provision of this Act, or any regulations made under section 77, in relation to such regulated goods. (4) The Director-General’s decision must be given to the registered supplier or person (as the case may be) in writing and, where the registration is revoked, together with the grounds for the revocation. (5) Where the registration of any regulated goods obtained by a registered supplier has been withdrawn under subsection (1)( b ) or revoked under subsection (3), the Director‑General may at any time direct the registered supplier to notify every person — ( a ) to whom the registered supplier has supplied any GHG goods that are such regulated goods; and ( b ) who (in the course of any trade or business) supplies any GHG goods that are such regulated goods in Singapore, of the withdrawal or revocation of the registration. (6) A registered supplier or person that, without reasonable excuse, fails to comply with a direction under subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40H
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40H
title: Register of registered suppliers and regulated goods
content:
40H. —(1) The Director-General must establish and maintain a register in which is entered such particulars of registered suppliers and the classes, descriptions or types of GHG goods that are regulated goods registered under section 40E, as the Director‑General determines. (2) Where the registration of any registered supplier or of any regulated goods has been withdrawn or revoked or has expired (as the case may be), or the Director-General is satisfied that any registered supplier has been wound up or dissolved or has otherwise ceased to exist or ceased to supply any GHG goods that are regulated goods, the Director‑General may — ( a ) remove the particulars of the registered supplier or the regulated goods from the register; or ( b ) indicate the fact of the withdrawal, revocation, expiry or cessation (as the case may be) against the particulars of the registered supplier or the regulated goods in the register, as the case may be. (3) The Director-General may, upon an application by any person accompanied by the prescribed fee (if any), provide a certified copy of an entry in the register to that person. (4) Where the Director-General considers it necessary or expedient in the interest of the public, the Director‑General may publish a list of the names and addresses of registered suppliers and a list of the regulated goods registered under each registered supplier on the Agency’s official website. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40I
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40I
title: Maintenance of records
content:
40I. —(1) A registered supplier, and a person importing any GHG goods that are regulated goods for the person’s own use, must keep and maintain complete and accurate records containing such information, and in accordance with such requirements, as may be prescribed in regulations made under section 77. (2) The registered supplier or person mentioned in subsection (1) must — ( a ) retain the records mentioned in that subsection for at least the prescribed period; ( b ) during the prescribed period, make available for inspection by the Director-General or any authorised officer, the records mentioned in that subsection when so requested by the Director‑General or any authorised officer; and ( c ) submit to the Director-General or any authorised officer the records mentioned in that subsection in the time specified by the Director‑General or authorised officer. (3) A registered supplier or person that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [Act 24 of 2021 wef 01/10/2022] Subdivision (3) &#x2014; Appeals


document_id: epma-1999
provision_ref: s40J
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40J
title: Appeal against decisions made under sections 40E, 40F, 40G and 40U
content:
40J. —(1) Any person that is aggrieved by a decision of the Director‑General (called in this section a relevant decision) — ( a ) to refuse to register the person as a registered supplier, or to refuse to register any regulated goods, under section 40E(5); ( b ) to refuse to renew the registration of any regulated goods under section 40F(4); ( c ) to impose or modify any condition on the person’s registration as a registered supplier, or the registration of any regulated goods, under section 40E(6) or the renewal of the registration of any regulated goods under section 40F(5); ( d ) to revoke the registration of any registered supplier under section 40G(2) or the registration of any regulated goods under section 40G(3); or ( e ) to give a direction to the person under section 40G(5) or 40U, may, within 14 days after the person receives the relevant decision, apply to the Director‑General (by giving a written notice for reconsideration that states precisely the grounds of the person’s objections to the relevant decision) to reconsider the relevant decision. (2) After considering the written notice for reconsideration, the Director‑General may — ( a ) confirm the relevant decision; ( b ) rescind the relevant decision; or ( c ) substitute or vary the relevant decision, and make any decision which the Director‑General is competent to make under section 40E(5) or (6), 40F(4) or (5) or 40G(2) or (3), or give any direction which the Director‑General is competent to give under section 40G(5) or 40U, as the case may be, (called in this section the reconsidered decision). (3) The Director-General’s reconsidered decision must be given in writing to the person that requested the reconsideration. (4) If the person remains aggrieved by the reconsidered decision, the person may, within 14 days after the person receives the reconsidered decision, appeal in writing to the Minister. (5) After considering the appeal, the Minister may — ( a ) confirm the reconsidered decision; ( b ) rescind the reconsidered decision; or ( c ) substitute or vary the reconsidered decision, and make any decision which the Director‑General is competent to make under section 40E(5) or (6), 40F(4) or (5) or 40G(2) or (3), or give any direction which the Director‑General is competent to give under section 40G(5) or 40U, as the case may be. (6) The Minister’s decision on the appeal is final. (7) The Minister’s decision on the appeal must be given to the appellant in writing. (8) A relevant decision takes effect despite any request for a reconsideration of the relevant decision, unless the Director‑General otherwise directs, and a reconsidered decision takes effect despite an appeal against the reconsidered decision under subsection (4), unless the Minister otherwise directs. (9) A person that, without reasonable excuse, fails to comply with a direction given to the person by the Minister under subsection (5)( c ) shall be guilty of an offence and shall be liable on conviction to — ( a ) in the case where the direction is a direction which the Director‑General is competent to give under section 40G(5) — a fine not exceeding $2,000; and ( b ) in the case where the direction is a direction which the Director‑General is competent to give under section 40U — 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. [Act 24 of 2021 wef 01/10/2022] Division 3 &#x2014; Measures relating to regulated GHG works Subdivision (1) &#x2014; Restrictions relating to
regulated GHG works


document_id: epma-1999
provision_ref: s40K
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40K
title: Regulated GHG works
content:
40K. The Minister may, after consultation with the Agency, by order in the Gazette , prescribe any class, description or type of GHG works to be regulated GHG works for the purposes of this Part from and including the date specified in the order. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40L
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40L
title: Restrictions relating to regulated GHG works
content:
40L. —(1) A person must not — ( a ) carry on the business of carrying out any regulated GHG works; or ( b ) hold the person out (whether by an advertisement or any other means) as authorised under this Act to carry out any regulated GHG works, unless the person — ( c ) is a registered GHG entity for such regulated GHG works; and ( d ) has, except where the person is granted a waiver under section 40Y — (i) no fewer than the number of competent persons prescribed for the carrying out of such regulated GHG works; or (ii) one or more individuals that are under the direct supervision of no fewer than the number of competent persons prescribed for the carrying out of such regulated GHG works. (2) Unless granted a waiver under section 40Y, a person that wishes to have any regulated GHG works carried out must engage a registered GHG entity to carry out those works. (3) To avoid doubt, subsection (2) applies even if the person mentioned in that subsection is a competent person. (4) A person that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both. [Act 24 of 2021 wef 01/10/2022] Subdivision (2) &#x2014; Registration of GHG entities


document_id: epma-1999
provision_ref: s40M
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40M
title: Registration of GHG entities
content:
40M. —(1) Any person that wishes to be registered as a registered GHG entity in relation to any regulated GHG works for the purposes of section 40L must apply to the Director‑General under subsection (2) to be registered as such. (2) Every application under subsection (1) must — ( a ) be made in the form and manner that the Director‑General requires; and ( b ) be accompanied by — (i) the prescribed fee, if any; and (ii) any documents and information that the Director‑General requires to decide on the application. (3) The Director-General must not register any person as a registered GHG entity unless — ( a ) the person — (i) has a Unique Entity Number issued by the Accounting and Corporate Regulatory Authority established by section 3 of the Accounting and Corporate Regulatory Authority Act 2004 * ; or (ii) is, or belongs to a class of persons, prescribed by the Minister for the purpose of this subsection; and ( b ) except where the person is granted a waiver under section 40Y, the person has at least the prescribed number of competent persons to carry out or to directly supervise the carrying out of the regulated GHG works, being — (i) any of the following where the person is an individual carrying on business as a sole proprietor: (A) the individual; (B) any employee of the individual; (ii) any of the following where the person is an unincorporated partnership: (A) any partner in the partnership; (B) any employee of the partnership; or (iii) any employee of the person in any other case. [*Updated to be consistent with the 2020 Revised Edition] (4) The Director-General may — ( a ) subject to any conditions that the Director-General thinks fit to impose, register any applicant as a registered GHG entity; or ( b ) refuse to register any applicant as a registered GHG entity. (5) The registration of a registered GHG entity — ( a ) is valid until it is withdrawn or revoked under section 40N; and ( b ) is not transferable without the Director-General’s written approval. (6) The Director-General may, at any time, impose any condition, or modify or revoke any condition imposed, on a registration. (7) The Director-General must, before imposing or modifying any condition under subsection (6), give written notice to the holder of the registration — ( a ) stating the proposed condition or modification, as the case may be; and ( b ) specifying the time within which the holder of the registration may make written representations to the Director-General with respect to the proposed condition or modification. (8) Where the holder of the registration makes any written representations under subsection (7)( b ), the Director-General must consider the written representations and the Director-General’s decision must be given to the holder of the registration in writing. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40N
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40N
title: Withdrawal or revocation of registration
content:
40N. —(1) The Director-General may withdraw the registration of any registered GHG entity if the registered GHG entity applies to the Director-General to withdraw its registration as such. (2) The Director-General may revoke the registration of any registered GHG entity after giving written notice to the registered GHG entity and after any inquiry that the Director-General thinks fit — ( a ) if the Director-General is satisfied that the registered GHG entity procured the registration by providing any particulars, information or document, or by making any statement or representation, to the Director-General which is false or misleading in any material particular; ( b ) if the registered GHG entity no longer satisfies any of the requirements in section 40M(3); ( c ) if the Director-General is satisfied that the registered GHG entity has contravened, is contravening or is likely to contravene — (i) any provision of this Act; (ii) any regulations made under section 77 in relation to this Division; (iii) any condition of the registration; or (iv) any requirements imposed under any written law in relation to the use or handling of any greenhouse gas (whether or not in its gaseous state); or ( d ) in the event of such other occurrence or in such other circumstances as may be prescribed. (3) The Director-General’s decision must be given to the GHG entity in writing and, where the registration is revoked, together with the grounds for the revocation. (4) Where the registration of a person as a registered GHG entity has been withdrawn under subsection (1) or revoked under subsection (2), the Director-General may at any time direct the person to notify every other person for whom the person is carrying out or is intending to carry out any regulated GHG works, of the withdrawal or revocation of the registration. (5) A person that, without reasonable excuse, fails to comply with a direction given to the person under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40O
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40O
title: Register of registered GHG entities
content:
40O. —(1) The Director-General must establish and maintain a register in which is entered such particulars of registered GHG entities as the Director-General determines, including — ( a ) the name and business address of each registered GHG entity; ( b ) the regulated GHG works that the registered GHG entity may carry out; and ( c ) in respect of any regulated GHG works mentioned in paragraph ( b ), the names and details of the competent persons who may carry out such regulated GHG works or under whose direct supervision such regulated GHG works may be carried out. (2) A registered GHG entity must, within the prescribed period, inform the Director-General of any individual listed in the register under the registered GHG entity as a competent person, who — ( a ) has ceased to be the sole proprietor, a partner or an employee (as the case may be) of the registered GHG entity; or ( b ) has ceased to satisfy the requirements mentioned in paragraph ( a ) of the definition of “competent person” in section 40A, or does not satisfy any requirement that has been changed or any new requirement included for the purpose of that paragraph of that definition. (3) A registered GHG entity that contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction — ( a ) for a first offence, to a fine not exceeding $10,000; and ( b ) for a second or subsequent offence, to a fine not exceeding $20,000. (4) Where the registration of any registered GHG entity has been withdrawn or revoked, or the Director-General is satisfied that any registered GHG entity has been wound up or dissolved or has otherwise ceased to exist or ceased to carry out any regulated GHG works, the Director-General may — ( a ) remove the particulars of the registered GHG entity from the register; or ( b ) indicate the fact of the withdrawal, revocation or cessation (as the case may be) against the particulars of the registered GHG entity in the register. (5) Where any individual listed in the register under a registered GHG entity as a competent person has ceased to be the sole proprietor, a partner or an employee (as the case may be) of the registered GHG entity, or the Director-General is satisfied that any such individual has ceased to or does not satisfy the requirements mentioned in paragraph ( a ) of the definition of “competent person” in section 40A, the Director-General may — ( a ) remove the particulars of the individual from the register; or ( b ) indicate the fact of the cessation or non-satisfaction (as the case may be) against the particulars of the individual in the register. (6) The Director-General may, upon an application by any person accompanied by the prescribed fee (if any), provide a certified copy of an entry in the register to that person. (7) Where the Director-General considers it necessary or expedient in the interest of the public, the Director-General may publish a list of the names and addresses of registered GHG entities, and the names of the competent persons listed under any registered GHG entity, on the Agency’s official website. [Act 24 of 2021 wef 01/10/2022] Subdivision (3) &#x2014; Obligations of registered GHG entities
and competent persons


document_id: epma-1999
provision_ref: s40P
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40P
title: Obligations of registered GHG entity
content:
40P. —(1) Unless granted a waiver under section 40Y, a registered GHG entity must, in relation to any regulated GHG works that the registered GHG entity is registered to carry out — ( a ) carry out the regulated GHG works through — (i) no fewer than the number of competent persons prescribed for such regulated GHG works; or (ii) one or more individuals that are under the direct supervision of no fewer than the number of competent persons prescribed for such regulated GHG works; ( b ) establish and maintain policies, procedures and processes for the regulated GHG works to be carried out safely and in the prescribed manner, and ensure that the regulated GHG works are carried out safely and in the prescribed manner; ( c ) ensure that the competent persons and individuals mentioned in paragraph ( a )(i) and (ii) are provided with adequate and properly maintained equipment for carrying out the regulated GHG works; ( d ) keep and maintain complete and accurate records containing such information concerning the regulated GHG works and the individuals carrying out or supervising those works, in accordance with such requirements as may be prescribed in regulations made under section 77, and keep those records for at least the prescribed period; ( e ) during the prescribed period mentioned in paragraph ( d ), make available for inspection by the Director-General or any authorised officer, the records mentioned in that paragraph when so requested by the Director-General or any authorised officer; and ( f ) submit to the Director-General or any authorised officer the records mentioned in paragraph ( d ) in the time specified by the Director-General or authorised officer. (2) A registered GHG entity that contravenes subsection (1) shall be guilty of an offence. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40Q
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40Q
title: Obligations of competent person
content:
40Q. —(1) Unless granted a waiver under section 40Y, a competent person carrying out or supervising the carrying out of any regulated GHG works must — ( a ) comply with any policies, procedures and processes mentioned in section 40P(1)( b ) in relation to the regulated GHG works; and ( b ) ensure that the regulated GHG works are carried out safely and in the prescribed manner. (2) A competent person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) for a first offence, to a fine not exceeding $10,000; and ( b ) for a second or subsequent offence, to a fine not exceeding $20,000 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. [Act 24 of 2021 wef 01/10/2022] Subdivision (4) &#x2014; Appeals


document_id: epma-1999
provision_ref: s40R
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40R
title: Appeal against decisions made under sections 40M and 40N
content:
40R. —(1) Any person that is aggrieved by a decision of the Director-General (called in this section a relevant decision) — ( a ) to refuse to register the person as a registered GHG entity under section 40M(4)( b ); ( b ) to impose or modify any condition on the person’s registration as a registered GHG entity under section 40M(6); ( c ) to revoke the registration of any registered GHG entity under section 40N(2); or ( d ) to give a direction to the person under section 40N(4), may, within 14 days after the person receives the relevant decision, apply to the Director-General (by giving a written notice for reconsideration that states precisely the grounds of the person’s objections to the relevant decision) to reconsider the relevant decision. (2) After considering the written notice for reconsideration, the Director-General may — ( a ) confirm the relevant decision; ( b ) rescind the relevant decision; or ( c ) substitute or vary the relevant decision, and make any decision which the Director-General is competent to make under section 40M(4) or (6) or 40N(2) or (4), as the case may be, (called in this section the reconsidered decision). (3) The Director-General’s reconsidered decision must be given in writing to the person that requested the reconsideration. (4) If the person remains aggrieved by the reconsidered decision, the person may, within 14 days after the person receives the reconsidered decision, appeal in writing to the Minister. (5) After considering the appeal, the Minister may — ( a ) confirm the reconsidered decision; ( b ) rescind the reconsidered decision; or ( c ) substitute or vary the reconsidered decision, and make any decision which the Director-General is competent to make under section 40M(4) or (6) or 40N(2) or (4), as the case may be. (6) The Minister’s decision on the appeal is final. (7) The Minister’s decision on the appeal must be given to the appellant in writing. (8) A relevant decision takes effect despite any request for a reconsideration of the relevant decision, unless the Director-General otherwise directs, and a reconsidered decision takes effect despite an appeal against the reconsidered decision under subsection (4), unless the Minister otherwise directs. (9) A person that, without reasonable excuse, fails to comply with a direction given to the person by the Minister under subsection (5)( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [Act 24 of 2021 wef 01/10/2022] Division 4 &#x2014; Surveys, etc.


document_id: epma-1999
provision_ref: s40S
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40S
title: Environment impact surveys and investigations
content:
40S. —(1) The Director-General may, from time to time, undertake investigations or surveys relating to the use of greenhouse gases and levels of greenhouse gas emissions for the purposes of — ( a ) assessing the environmental impact of certain goods, industries or activities; or ( b ) advising the Minister or other public bodies concerning environmental policies. (2) For the purpose of any investigation or survey under subsection (1), the Director-General may, by written notice, require any person to provide (within the period and in the form and manner specified in the written notice) any information relating to the use of greenhouse gases by, and the greenhouse gas emissions of, that person as the Director-General may require. (3) A person that, without reasonable excuse, fails to comply with any written notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [Act 24 of 2021 wef 01/10/2022] Division 5 &#x2014; Enforcement of this Part


document_id: epma-1999
provision_ref: s40T
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40T
title: Monitoring powers for purposes of this Part
content:
40T. —(1) Without affecting Part 11, the Director-General or any authorised officer may, for the purpose of administering or enforcing this Part, exercise all or any of the following powers in relation to any premises: ( a ) search the premises for any thing that may relate to compliance with this Part; ( b ) examine any activity conducted on the premises that may relate to compliance with this Part; ( c ) examine any thing on the premises that may relate to compliance with this Part; ( d ) take photographs or make video or audio recordings or sketches on the premises of any activity or thing mentioned in paragraph ( b ) or ( c ); ( e ) carry out any tests or inspections that may relate to compliance with this Part; ( f ) affix or bring onto the premises, with any assistants and workmen that may be necessary, any meter or instrument and take readings from the meter or instrument, or take readings from any meter or instrument on the premises; ( g ) inspect any document on the premises that may relate to compliance with this Part, and (without payment) take extracts from, or make copies of, any such document; ( h ) take onto the premises any equipment and materials that the Director-General or authorised officer requires for the purpose of exercising powers in relation to the premises; ( i ) seize any thing found during the exercise of monitoring powers on the premises which the Director-General or authorised officer believes on reasonable grounds affords evidence of a contravention of this Part. (2) The Director-General or any authorised officer may, in addition to the powers in subsection (1) — ( a ) compel any person who is able to operate any equipment at the premises to do so for the purpose of enabling the Director-General or authorised officer to ascertain whether the equipment, or a disk, tape or other storage device that can be used or associated with the equipment, contains information that is relevant to assessing compliance with this Part; and ( b ) if any information that is relevant to assessing compliance with this Part is found in the exercise of the power conferred under paragraph ( a ) — (i) produce, or compel the production of, the information in documentary form, and keep or copy the documents so produced; or (ii) transfer, or compel the transfer of, the information to a disk, tape or other storage device, and remove it from the premises. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40U
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40U
title: Power to give directions
content:
40U. —(1) Where any GHG goods that are regulated goods are supplied, or imported for a person’s own use, in contravention of section 40D, the Director-General may give a direction mentioned in subsection (2) in respect of those GHG goods (in such form and manner that the Director-General thinks fit) to — ( a ) any person that supplied or so imported the GHG goods; or ( b ) any person that is the owner of the GHG goods, and the person must comply with the direction. (2) A direction under subsection (1) may require the person to do all or any of the following (at the person’s own expense) within the period specified in the direction (or such longer time as the Director-General may allow in the particular case): ( a ) cease the supply or import of any GHG goods that are such regulated goods, or the use of any such GHG goods, as the case may be; ( b ) take specified steps (which may include the carrying out of works specified in the direction) to ensure that — (i) the GHG goods conform to either or both of the following: (A) the global warming potential limit for the class, description or type of regulated goods to which the GHG goods belong; (B) any other requirement prescribed for the class, description or type of regulated goods to which the GHG goods belong, relating to environmental protection and management; or (ii) the impact of the GHG goods on the environment is monitored or mitigated. (3) Where the person fails to comply with any specified steps in the direction, the Director-General may give a further direction to the person for the person to cease the supply or import of any GHG goods that are such regulated goods or the use of any such GHG goods (as the case may be) in the time specified in the direction, and the person must comply with the further direction. (4) The further direction under subsection (3) does not prevent subsection (5) from applying to the failure mentioned in subsection (3). (5) A person that, without reasonable excuse, fails to comply with a direction given to the person under subsection (1) or a further direction given to the person under subsection (3) 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. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40V
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40V
title: Power to require samples
content:
40V. —(1) The Director-General or any authorised officer may, by written notice, require any person that supplies any GHG goods or imports any GHG goods for the person’s own use to provide (free of charge), within the period and in the form and manner specified in the written notice, samples of the GHG goods, or of any greenhouse gas or blend or mixture of greenhouse gases used or contained in the GHG goods, for the purpose of testing or analysis. (2) The power to require a person to provide any samples under subsection (1) includes the power to require the extraction of the samples to be carried out in the presence of the Director-General or any authorised officer. (3) The Director-General or any authorised officer is entitled, without payment, to retain any samples provided to the Director‑General or authorised officer under subsection (1). (4) A person that, without reasonable excuse, fails to do anything required of the person by a written notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40W
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40W
title: Power to require tests or examinations
content:
40W. —(1) The Director-General or any authorised officer may, for the purpose of ascertaining whether any person has complied with section 40D, 40P or 40Q, by written notice require the person to — ( a ) carry out any test or examination specified in the written notice; and ( b ) provide any report, document or information specified in the written notice concerning the test or examination. (2) A person that, without reasonable excuse, fails to comply with any written notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40X
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40X
title: Data not to be falsified, etc.
content:
40X. Any person that — ( a ) makes any statement or declaration, or provides any document or information, to the Director-General or an authorised officer under this Part, knowing it to be false or misleading; ( b ) falsifies any information or data required to be submitted to the Director-General or an authorised officer under this Part; or ( c ) makes or causes to be made any entry or omission in any record, register or other document required to be kept under this Part, knowing it to be false or misleading, or makes any record containing a statement knowing it to be false or misleading, 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. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s40Y
chapter: PART 10A - GREENHOUSE GAS CONTROL
section: 40Y
title: Power of Director-General to waive requirements
content:
40Y. A person that, in any particular case, is unable to comply with any requirement in section 40D, 40L(1)( d ) or (2), 40M(3)( b ), 40P(1) or 40Q(1) may apply in writing to the Director-General for a waiver and the Director-General may, upon being satisfied that there are good reasons to do so, waive that requirement in relation to that person — ( a ) in whole or in part; and ( b ) generally or for a specified period of time. [Act 24 of 2021 wef 01/10/2022]


document_id: epma-1999
provision_ref: s41
chapter: PART 11 - ENFORCEMENT
section: 41
title: Default in compliance with notice or order
content:
41. —(1) Where a person on whom a notice or order under this Act is served fails to comply with the notice or order within the time specified in the notice or order — ( a ) 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.


document_id: epma-1999
provision_ref: s42
chapter: PART 11 - ENFORCEMENT
section: 42
title: Appeal against notice or order
content:
42. —(1) Where a person on whom a notice or order mentioned in section 28A(1) or 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. [Act 24 of 2021 wef 01/10/2022] (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.


document_id: epma-1999
provision_ref: s43
chapter: PART 11 - ENFORCEMENT
section: 43
title: Power to demand names and addresses
content:
43. —(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.


document_id: epma-1999
provision_ref: s44
chapter: PART 11 - ENFORCEMENT
section: 44
title: Powers of Director-General to examine and secure attendance
content:
44. —(1) The Director-General or any authorised officer may — ( a ) examine orally any person supposed to be acquainted with the facts and circumstances of matters under this Act, and 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.


document_id: epma-1999
provision_ref: s44A
chapter: PART 11 - ENFORCEMENT
section: 44A
title: Power to obtain information
content:
44A. —(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 which relate to any matter that the Director-General or authorised officer considers necessary for the purposes of administering, enforcing or monitoring compliance with any provision of this Act, and which are within the knowledge of that person or in that person’s custody or under that person’s control. [12/2011] [Act 24 of 2021 wef 28/02/2022] (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 Director-General or any authorised officer in legible form. [12/2011] [Act 24 of 2021 wef 28/02/2022] (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. [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. [12/2011] (5) If any person fails to comply with a notice under subsection (1), the court may, on the application of the Director-General, 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. [12/2011] [Act 24 of 2021 wef 28/02/2022] (6) Where a notice under subsection (1) is issued in connection with investigations into a suspected offence under this Act, the Director-General or any authorised officer may, at any time after the expiry of the period specified in the notice, enter any building or place where the Director-General or authorised officer 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. [12/2011] [Act 24 of 2021 wef 28/02/2022] (7) The Director-General or any authorised officer is entitled without payment to keep any document or information, or any copy or extract thereof, furnished under subsection (1) or obtained under subsection (6). [12/2011] [Act 24 of 2021 wef 28/02/2022]


document_id: epma-1999
provision_ref: s45
chapter: PART 11 - ENFORCEMENT
section: 45
title: Powers of arrest
content:
45. —(1) The Director-General, an authorised officer or a police officer may arrest any person whom the Director‑General or officer has reason to believe has committed an offence under this Act, if the name and address of the person are unknown to him 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.


document_id: epma-1999
provision_ref: s46
chapter: PART 11 - ENFORCEMENT
section: 46
title: Director-General may act in cases of emergency
content:
46. —(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. [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. [12/2011]


document_id: epma-1999
provision_ref: s47
chapter: PART 11 - ENFORCEMENT
section: 47
title: Power of entry
content:
47. —(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 or exercising any power under section 40T. [Act 24 of 2021 wef 01/10/2022] (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).


document_id: epma-1999
provision_ref: s48
chapter: PART 11 - ENFORCEMENT
section: 48
title: Power to enter on land adjacent to works
content:
48. —(1) The Director-General or any authorised officer, with such assistants and workmen as are necessary, may enter upon any land, adjoining or being within 100 metres of any works by this Act authorised to be executed — ( a ) for the purpose of depositing upon that land any soil, gravel, sand, lime, brick, stone or other materials; or ( b ) for any other purposes connected with the formation of those works, without making any previous payment, tender or deposit and doing as little damage as may be in the exercise of the powers under this subsection. (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.


document_id: epma-1999
provision_ref: s49
chapter: PART 11 - ENFORCEMENT
section: 49
title: Penalty for obstructing Director-General in his or her duty
content:
49. Any person who at any time — ( a ) hinders or obstructs the Director‑General or any authorised officer in the performance or execution of his 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.


document_id: epma-1999
provision_ref: s50
chapter: PART 11 - ENFORCEMENT
section: 50
title: Powers of search and seizure
content:
50. If the Director-General has reason to believe that any hazardous substance or toxic substance is being kept, stored, processed, treated, discharged or deposited, or air impurities are being emitted, or any hazardous substance or toxic substance or trade effluent is being discharged without his 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.


document_id: epma-1999
provision_ref: s50A
chapter: PART 11 - ENFORCEMENT
section: 50A
title: Power to examine motor vehicles
content:
50A. —(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. [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. [12/2011]


document_id: epma-1999
provision_ref: s51
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 51
title:
Compensation, damages, fees, costs and expenses to be determined by Magistrate’s Court or District Court

content:
51. —(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. [40/2019]


