# legal_provisions

document_id: pta-2005
provision_ref: s42C
chapter: PART 7 - POWERS OF ENFORCEMENT
section: 42C
title: Immediate demolition, etc., of dangerous structure, etc., in public park
content:
42C. —(1) Where any sign, shrine, altar, religious object, shelter, structure or building is affixed, set up or erected in a public park contrary to this Act and — ( a ) by the exercise of reasonable diligence, the following cannot be ascertained: (i) the name of any person in section 42A(2)( a ), ( b )(ii) or ( c )(ii) to whom the written notice under section 42A(1) is to be served; (ii) the business address, residential address or last email address of the person in section 42A(2)( a ), ( b )(ii) or ( c )(ii) to whom the written notice under section 42A(1) is to be served; ( b ) in the opinion of the Commissioner or an authorised officer, the sign, shrine, altar, religious object, shelter, structure or building — (i) is in such a condition, or is used to carry such loads, as to be endangering or expected to endanger other users of the public park; or (ii) is causing or is likely to cause a serious obstruction to other users of the public park; or ( c ) in the opinion of the Commissioner or an authorised officer — (i) there is a serious and imminent risk of public disorder in the public park; or (ii) an actual or imminent occurrence has happened or may happen that endangers or threatens the safety of users of the public park, because of any crowd, or any ceremony or other activity undertaken or which may be undertaken, at or around the sign, shrine, altar, religious object, shelter, structure or building, the Commissioner or authorised officer (as the case may be) may, without first serving a written notice under section 42A(1) — ( d ) alter, demolish or remove or cause to be altered, demolished or removed, the sign, shrine, altar, religious object, shelter, structure or building to avoid further danger or obstruction or a danger or an obstruction arising (as the case may be) to other users of the public park; and ( e ) move the sign, shrine, altar or religious object and any resulting debris from the altering, demolition or removal to a holding yard or another place. (2) For the purpose of exercising a power under subsection (1), the Commissioner or an authorised officer may, with any assistance that he or she considers necessary — ( a ) enter any premises (without warrant) but only after declaring his or her office to any owner or occupier of the premises, or any other person who appears to be in charge of those premises, and is present during entry; and ( b ) forcibly enter any premises without warrant, including by breaking open any outer or inner door or window leading to the premises and removing by force any obstruction to the entry, if the Commissioner or authorised officer (as the case may be) is unable to enter, or is refused entry to, the premises. (3) After a sign, shrine, altar, religious object, shelter, structure or building is altered, demolished or removed under subsection (1), the Commissioner or an authorised officer must, as soon as practicable, serve a notice to any owner, or person having charge or control, of the sign, shrine, altar, religious object, shelter, structure or building — ( a ) about the altering, demolition or removal of the sign, shrine, altar, religious object, shelter, structure or building and the moving it and any resulting debris to and detention at a holding yard or other place; and ( b ) informing about — (i) the manner by which and the time within which an owner of the sign, shrine, altar, religious object, shelter, structure or building, and any resulting debris, so detained may procure its release; and (ii) the consequences that may follow under section 46A if the sign, shrine, altar, religious object, shelter, structure or building and any resulting debris is not claimed within the time specified in the notice. (4) A notice under subsection (3) is not required if, by the exercise of reasonable diligence, the name and the business address, residential address or last email address of the owner, or person having charge or control, of the sign, shrine, altar, religious object, shelter, structure or building cannot be ascertained. (5) Subsection (2)( a ) does not apply if the premises in question is unoccupied at the time of entry. [Act 42 of 2022 wef 01/11/2024]


document_id: pta-2005
provision_ref: s43
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 43
title: Penalty for obstructing Commissioner, etc.
content:
43. Any person who — ( a ) hinders or obstructs the Commissioner, an authorised officer or a park ranger 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; or ( b ) interferes with any works authorised to be done by the Commissioner or any authorised officer or park ranger under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pta-2005
provision_ref: s44
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 44
title: Parking of vehicles on green verges and turfed open spaces prohibited
content:
44. —(1) Any person who, without reasonable excuse, parks a vehicle on any green verge or any turfed open space which is managed or maintained by the Board shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (2) In this section, “park” means to bring a vehicle to a stationary position or to cause it to wait for any purpose.


document_id: pta-2005
provision_ref: s45
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 45
title: Liability of owner, etc., of vehicle for offence committed
content:
45. —(1) When an offence under this Act is committed in relation to a vehicle, the person who at the time of the commission of the offence is the owner of the vehicle or, in the case of a deregistered vehicle, is the person who immediately prior to the deregistration was registered as the owner of the vehicle in respect of which the offence is committed shall be guilty of the offence in all respects as if the person were the actual offender guilty of the offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used. (2) Nothing in this section affects the liability of the actual offender but, where a penalty has been imposed on or recovered from a person in relation to an offence, no further penalty may be imposed on or recovered from any other person in relation thereto. (3) Despite subsection (1), no owner of a vehicle shall, by virtue of this section, be guilty of an offence if the owner — ( a ) within 14 days after service on the owner of a notice alleging that the owner has been guilty of an offence, provides by a statement in writing to the Commissioner stating truthfully the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence concerned; or ( b ) satisfies the court that the owner did not know and would not with reasonable diligence have ascertained such name and address. (4) A statement made under subsection (3) if produced in any proceedings against the person named therein in respect of the offence concerned is sufficient evidence that such person was in charge of the vehicle at all relevant times relating to such offence unless evidence to the contrary is adduced.


document_id: pta-2005
provision_ref: s46
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 46
title: Default in compliance with notice or condition
content:
46. —(1) Any person who, without reasonable excuse — ( a ) fails to comply with the requirements of any of the following notices served on the person: (i) a tree conservation notice under section 15(1); (ii) a reinstatement notice under section 11(1), 21(1), 26(3) or 31(3); (ii a ) a notice under section 42A(1); [Act 42 of 2022 wef 01/11/2024] (iii) an enforcement notice under section 24(3), 28(3), 30(3) or 37; (iv) a maintenance notice under section 25(2) or 37A(2); or (v) a notice to plant or replant under section 27(1); or ( b ) contravenes any condition of approval imposed by the Commissioner under section 12, 20 or 32, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction. [9/2017] (2) In any proceedings against a person for an offence under subsection (1), it is a defence for that person charged to prove to the satisfaction of the court that that person has used all due diligence to comply with the notice or condition of approval imposed. (3) The cost of any measures or works carried out in accordance with any notice mentioned in subsection (1)( a ) is to be borne by the person on whom the notice is served. (4) If any notice or condition of approval mentioned in subsection (1) is not complied with to the satisfaction of the Commissioner, the Commissioner may at any time enter the premises concerned and carry out or cause to be carried out any works, activities or steps which are in the Commissioner’s opinion necessary to secure compliance with the notice or condition of approval (as the case may be), including all or any of the following: ( a ) cut or remove any tree; ( b ) alter, demolish or remove any sign, shrine, altar, religious object, shelter, structure or building erected, and removing to and detaining it and any resulting debris at a holding yard or other place; ( c ) remove to and detain any vehicle, boat, trailer, skip, dumpster or other thing at a holding yard or other place; ( d ) using reasonable force, including cutting or breaking open any lock, seal, fastener or other device. [Act 42 of 2022 wef 01/11/2024] (5) All costs and expenses reasonably incurred by the Commissioner in exercise of the powers conferred by subsection (4) constitute a debt due from any person in default of the notice or condition of approval mentioned in subsection (1), and may be recoverable in the manner provided for in this Act. (6) Where — ( a ) any land has 2 or more occupiers; and ( b ) any measures have been taken or works have been executed by the Commissioner under this Act pursuant to any contravention of the notice or condition of approval mentioned in subsection (1), the occupiers shall be liable jointly for the whole costs and expenses incurred by the Commissioner, and those costs and expenses must be apportioned in such manner as appears to the Commissioner to be reasonable. (7) The certificate of the Commissioner stating the amount of the costs and expenses so incurred in exercise of the powers conferred by subsection (4) is conclusive evidence of that amount. (8) Any person to whom a notice has been issued as an occupier of the premises must, if the person is not the occupier of the premises in respect of which the notice has been issued, within 7 days from the date on which the notice was served on him or her, inform the Commissioner in writing that he or she is not the occupier. (9) Any person who fails to comply with subsection (8) is, unless he or she proves to the satisfaction of the court before which the question of liability to pay the costs and expenses is determined under section 48, deemed, for the purpose of recovering such costs and expenses, to be the occupier of the premises in respect of which the notice was issued. (10) Where, in any case referred to in subsection (9), the court is satisfied that the person in default has shown sufficient cause for his or her default in not complying with any notice mentioned in subsection (1), the costs and expenses incurred by the Commissioner in exercise of the powers conferred by subsection (4) may, even though the notice has not been issued to the occupier of the premises, be recoverable by the Board from the occupier in the manner provided for in this Act.


document_id: pta-2005
provision_ref: s46A
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 46A
title: Disposal of moved vehicles, etc.
content:
46A. —(1) Unless subsection (2) applies, any vehicle, boat, trailer, skip, dumpster or other thing, or any sign, shrine, altar or religious object and any resulting debris from the altering, demolition or removal of the sign, shrine, altar, religious object, shelter, structure or building, which is removed to and detained at a holding yard or other place under section 42B(1), 42C(1) or 46(4) (called in this section the removed material) — ( a ) must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the removed material is to be produced in any criminal trial in connection with an offence under this Act; ( b ) is deemed to be forfeited to the Board where any owner of the removed material consents to its disposal; or ( c ) in any other case, must be — (i) returned to the owner; or (ii) reported to a Magistrate’s Court, in which event sections 370, 371 and 372 of the Criminal Procedure Code 2010 then apply with the necessary modifications. (2) Despite subsection (1), where it appears to the Commissioner that any removed material — ( a ) is perishable; ( b ) may rapidly depreciate in value; or ( c ) is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Commissioner to retain custody of the removed material, the Commissioner may, instead of storing the removed material at a holding yard or other place and notifying the owner thereof, cause the removed material — ( d ) to be sold (by public auction or otherwise) at once; or ( e ) to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit. (3) If a person who appears, to the satisfaction of the Board, to be the owner of any removed material, and not to be a person in default with complying with the relevant notice or condition of approval in section 46(1), claims — ( a ) after that removed material has been sold, destroyed or disposed of under subsection (2); but ( b ) before the end of one year starting the date the removed material was removed under section 42B(1), 42C(1) or 46(4), whichever is applicable, the Board may compensate, out of the funds of the Board, the person for the loss of the removed material, less reasonable costs and expenses incurred by the Board in storing and selling, destroying or disposing of the removed material. (4) Subject to any order to the contrary by the Magistrate’s Court under the Criminal Procedure Code 2010, any removed material deemed forfeited under this section may be disposed of by the Board in any manner that the Board thinks fit. [Act 42 of 2022 wef 01/11/2024]


document_id: pta-2005
provision_ref: s47
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 47
title: Recovery of costs
content:
47. —(1) Where in any court proceedings against any person for an offence under this Act which relates to any damaged or destroyed property which is — ( a ) owned by the Government or the Board; ( b ) maintained or managed by the Board; or ( c ) under the management or control of the Commissioner under this Act, the court before which the person is convicted of the offence may, in addition to passing any sentence for that offence, make an order requiring that person to pay to the Government or the Board (as the case may be) a sum of money to be fixed by the court which, in the opinion of the court, represents the value (including any intrinsic value) of the damaged or destroyed property. (2) The court may, in its discretion, allow time for the payment of the sum of money under subsection (1) and grant extension of the time so allowed, or direct payment of that sum to be made by instalments.


document_id: pta-2005
provision_ref: s48
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 48
title:
Compensation, damages, fees, costs and expenses to be determined by Magistrate’s Court or District Court

content:
48. —(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 are, 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) 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 District Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court or a District Court. (3) 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]


document_id: pta-2005
provision_ref: s49
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 49
title: Offences by bodies corporate, etc.
content:
49. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any act or default on 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. (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 the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any act or default on 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. (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 act or default on the part of such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “officer” — ( a ) in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may, by regulations made under this section, provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: pta-2005
provision_ref: s50
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 50
title: Jurisdiction of court
content:
50. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: pta-2005
provision_ref: s51
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 51
title: Composition of offences
content:
51. —(1) The Commissioner may compound any offence under this Act that 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. [9/2017] (2) Despite the payment of the composition amount under subsection (1), any compensation, damages, fees, costs or expenses which are provided to be paid under this Act remain payable. (3) On payment of the composition amount under subsection (1), no further proceedings are to be taken against that person in respect of the offence. (4) All sums collected under this section must be paid into the Consolidated Fund. [9/2017]


document_id: pta-2005
provision_ref: s52
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 52
title: Prosecutions
content:
52. Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be conducted by any police officer or authorised officer authorised in writing in that behalf by the Commissioner. [15/2010]


document_id: pta-2005
provision_ref: s53
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 53
title: Evidence
content:
53. —(1) Subject to this section, the contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act are, until the contrary is proved, presumed to be correct. (2) In any proceedings instituted for the carrying out of any works in contravention of the provisions of this Act, the occupier of the premises at the time the works were carried out is presumed, until the contrary is proved, to be the person carrying out the works. (3) Where any information in respect of any works or any matter relating to or for the purposes of this Act is provided by electronic means, the production of any document under the hand of the officer responsible for providing such information purporting to be a hard copy transcript of all or any such information is, in all courts and in all proceedings, sufficient evidence of the information provided electronically and all courts in all proceedings are to take judicial notice of the signature of the officer.


document_id: pta-2005
provision_ref: s54
chapter: PART 8 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 54
title: Presumptions and defences
content:
54. —(1) Where it is proved that a tree or plant was cut or damaged in contravention of section 14(1) or (2), 18(1) or (2) or 27(2), it is presumed, until the contrary is proved — ( a ) that the occupier of the premises on which the tree or plant was growing; or ( b ) where any building works were being carried out in that part of the premises where the tree or plant was growing at or about the time that the tree or plant was cut or damaged, that — (i) the person who was carrying out the works at the time; (ii) the employer of the person mentioned in sub‑paragraph (i) at the time of the offence; and (iii) the qualified person or other person who instructed or caused or permitted the person mentioned in sub‑paragraph (i) to cut or damage that tree or plant, had cut or damaged the tree or plant. (2) In any proceedings for an offence under section 14(2), 18(2) or 27(3) against any person referred to in subsection (1)( b )(ii) or (iii), it is a defence for that person charged to prove to the satisfaction of the court — ( a ) that the offence was committed without his or her consent or connivance; and ( b ) that he or she had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her responsibilities as an employer or a qualified person or such other person and to all the circumstances.


document_id: pta-2005
provision_ref: s55
chapter: PART 9 - GENERAL
section: 55
title: Act not to affect liability in tort of occupier
content:
55. Nothing in this Act affects the liability in tort of an occupier for any injury or damage caused to any person or property arising from any tree or plant growing on his or her land.


document_id: pta-2005
provision_ref: s56
chapter: PART 9 - GENERAL
section: 56
title: Appeal to Minister
content:
56. —(1) Any person who is aggrieved by — ( a ) a tree conservation notice under section 15(1); ( b ) a reinstatement notice under section 11(1), 21(1), 26(3) or 31(3); ( c ) an enforcement notice under section 24(3), 28(3), 30(3) or 37; ( d ) a maintenance notice under section 25(2) or 37A(2); ( e ) a notice to plant or replant under section 27(1); or ( f ) a decision of the Commissioner in refusing to grant an approval under section 12, 20 or 32, may, within 14 days from the date of service of the notice, or the date the person is notified of the Commissioner’s decision, appeal to the Minister in the prescribed form and manner. [9/2017] (2) Despite any appeal made under subsection (1), the notice or decision appealed against takes effect and must be complied with unless otherwise ordered by the Minister. (3) The Minister may, after considering the appeal, dismiss or allow the appeal, unconditionally or subject to such conditions as he or she thinks fit, and the notice or decision is confirmed, rescinded or varied in such manner as the Minister may decide. (4) The Minister may, in considering an appeal under this section, give the appellant an opportunity to make representations in writing. (5) The decision of the Minister in any appeal under this section is final.


document_id: pta-2005
provision_ref: s57
chapter: PART 9 - GENERAL
section: 57
title: Payment to Board of fees, charges, etc.
content:
57. Except as provided for in section 51(4), all fees, charges and any other moneys collected under this Act must be paid to the Board. [9/2017]


document_id: pta-2005
provision_ref: s58
chapter: PART 9 - GENERAL
section: 58
title: Exemption
content:
58. —(1) The Minister may, by order in the Gazette , with or without conditions, exempt any class or description of person, thing, premises or works from any of the provisions of this Act. (2) If an exemption is granted under this section with conditions, the exemption operates only if the conditions are complied with.


document_id: pta-2005
provision_ref: s59
chapter: PART 9 - GENERAL
section: 59
title: Service of documents
content:
59. —(1) Any notice or document required or authorised by this Act to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act may be served on the person — ( a ) by delivering it to the person or to some adult member or employee of his or her family or household at his or her usual or last known place of residence; ( b ) by leaving it at the person’s usual or last known place of residence or business in an envelope addressed to the person; ( c ) by sending it by registered post addressed to the person at the person’s usual or last known place of residence or business; or ( d ) in the case of an incorporated company, a partnership or a body of persons — (i) by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or (ii) by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business. (2) Any notice, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, document or summons (as the case may be) would in the ordinary course of post be delivered and, in proving service of the notice, document or summons, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post. (3) Any notice or document required or authorised by this Act to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act 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 notice, document or summons to some conspicuous part of the premises. (4) Any notice or document required or authorised by this Act to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description. (5) Despite subsection (1), a notice required or authorised by this Act to be served on the owner of any vehicle may be served by addressing the notice to the owner of that vehicle without stating the owner’s name or address and may also be served personally or by affixing the notice to the vehicle.


document_id: pta-2005
provision_ref: s59A
chapter: PART 9 - GENERAL
section: 59A
title: Use of electronic service for making applications in connection with building works
content:
59A. —(1) The Commissioner may permit an application to him or her under this Act, for any matter connected with any building works, 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 the Commissioner, the Commissioner may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application, 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: pta-2005
provision_ref: s60
chapter: PART 9 - GENERAL
section: 60
title: Inaccuracies in document
content:
60. —(1) No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act in any way affects 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 or by virtue of this Act are invalid for want of form.


document_id: pta-2005
provision_ref: s61
chapter: PART 9 - GENERAL
section: 61
title: Protection from liability
content:
61. —(1) No suit or other legal proceedings shall lie personally against the Commissioner, an authorised officer or a park ranger for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law. (2) Nothing in this Act makes it obligatory for the Commissioner or any authorised officer — ( a ) to inspect any works or the site of any proposed works to ascertain — (i) whether the provisions of this Act are complied with; or (ii) whether any plans or other documents submitted to him or her are accurate; ( b ) to issue any notice under this Act; or ( c ) to take any action or carry out any works authorised under this Act.


document_id: pta-2005
provision_ref: s62
chapter: PART 9 - GENERAL
section: 62
title: Amendment of Schedule
content:
62. —(1) The Minister may, after consulting the Board, by order in the Gazette , amend, add to, vary or revoke the whole or any part of the Schedule. (2) Every order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pta-2005
provision_ref: s63
chapter: PART 9 - GENERAL
section: 63
title: Regulations
content:
63. —(1) The Board may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Board may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters: ( a ) in relation to the management and control of national parks, nature reserves and public parks — (i) the preservation of order and the prevention of nuisance therein; (ii) prescribing the days and times of admission thereto or to any part thereof; (iii) the conservation and protection of plants, animals and other organisms and property; (iv) the admission of vehicles thereto and the regulation of traffic therein; (v) the prohibition of any particular act therein; (vi) prescribing the fees payable in respect of admission thereto or to any part thereof; (vii) prescribing the fees payable for the use of the premises or the facilities therein; (viii) [ Deleted by Act 42 of 2022 wef 01/11/2024 ] ( b ) the applications for approval under this Act, including the manner of such applications and the documents to be submitted; ( c ) the management of heritage road green buffers, including the prohibition and regulation of any particular act within the heritage road green buffers and the conservation and protection of trees and plants growing on heritage road green buffers; ( d ) prescribing that any act or omission in contravention of any regulations shall be an offence and prescribing penalties for such offences, which penalties must not exceed a fine of $10,000; ( e ) prescribing the manner for measuring the dimensions of a planting area, and regulating and prescribing standards for the planting, aeration and maintenance of trees and plants within any planting areas, green verges and open spaces to be used as public parks; ( f ) the prescribing of fees and charges for the purposes of this Act; and ( g ) any other matter which by this Act is required or permitted to be prescribed or is necessary or convenient to be prescribed for carrying out or giving effect to any provision of this Act. [9/2017]


document_id: pta-2005
provision_ref: s64
chapter: PART 9 - GENERAL
section: 64
title: Transitional provisions
content:
64. —(1) A person who, immediately before 1 August 2005, is — ( a ) the Commissioner of Parks and Recreation; ( b ) an officer appointed by the Minister under section 3(2) of the repealed Act; or ( c ) an officer authorised by the Minister under section 3(5) of the repealed Act, continues to hold such office as if he or she were appointed under section 4(1) as the Commissioner, as an authorised officer under section 4(3) and as a park ranger under section 4(6) of this Act, respectively. (2) Any permission, approval, decision, notice, summons, warrant, order or other document prepared, made, granted, issued by the Commissioner of Parks and Recreation under the repealed Act, so far as it is not inconsistent with the provisions of this Act, continues and is deemed to have been prepared, made, granted or issued under the corresponding provisions of this Act and except as otherwise expressly provided in this Act, continues to have effect accordingly. (3) All acts done by or on behalf of the Commissioner of Parks and Recreation before 1 August 2005 under the repealed Act continue to remain valid and applicable as though done by the Commissioner under this Act, until such time as invalidated, revoked, cancelled or otherwise determined by the Commissioner. (4) In any written law or document, a reference to the repealed Act is, insofar as it is necessary for preserving its effect, to be construed as a reference to this Act and a reference to the Commissioner of Parks and Recreation is to be construed as a reference to the Commissioner under this Act. (5) Any subsidiary legislation made under the repealed Act and in force immediately before 1 August 2005, so far as it is not inconsistent with the provisions of this Act, continues in force as if made under this Act until it is revoked or repealed by subsidiary legislation made under this Act.


document_id: pta-2005
provision_ref: s65
chapter: PART 9 - GENERAL
section: 65
title: References in other written laws
content:
65. Any reference in any written law to the National Parks Act (Cap. 198A, 1991 Revised Edition) is a reference to the National Parks Board Act 1996.


document_id: ptca-1987
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “bookable vehicle” means any of the following vehicles used or intended to be used in providing an on‑demand passenger transport service through a booking taken or facilitated by a provider of a ride‑hail service: ( a ) a taxi; ( b ) a private hire car (within the meaning given by the Road Traffic Act 1961) which is hired, or made available for hire, under a contract (express or implied) for use as a whole with a driver for the purpose of conveying one or more passengers (if any) in that car; “booking”, in relation to a ride‑hail service, means a booking for a bookable vehicle to be used in providing an on‑demand passenger transport service taken or facilitated by the provider of the ride‑hail service; “bus” means any motor vehicle registered as a bus under the Road Traffic Act 1961; “bus fare” means the price payable by a passenger for any bus service involving the carriage of the passenger on a bus; “bus operator”, in relation to a bus service, means the person who operates the bus service but does not include — ( a ) the Land Transport Authority of Singapore; or ( b ) a person who merely arranges for the registration of a bus, drives a bus, or maintains or arranges for the maintenance of a bus; “bus service” means a service for the carriage of passengers for a fare by buses on roads for journeys wholly or partly within Singapore according to predetermined routes and timetables with 2 or more bus stopping points within Singapore, but does not include a bus service excluded from this definition by the Minister by order in the Gazette ; “bus service licence” means a licence granted (or deemed granted) under the Bus Services Industry Act 2015 to operate one or more bus services; “Chairperson” means the Chairperson of the Council and includes any temporary Chairperson of the Council; “Chief Executive” means the Chief Executive of the Council, and includes any individual acting in that capacity; “clearing”, in relation to a ticket payment service, means any arrangement, process, mechanism or facility provided by a person in respect of ticket transactions, by which — ( a ) information relating to the terms of those transactions are verified by such person with a view to confirming the authenticity of those transactions; or ( b ) the amount payable to the parties under those transactions is calculated and verified; “Council” means the Public Transport Council established under section 3; “fare” means — ( a ) any bus fare; ( b ) any train fare; ( c ) any ride-hail fare; or ( d ) any street-hail fare; “invalid ticket” means a ticket that is for a journey on a bus or train operated by a public bus operator or licensed rapid transit system operator for which a ticket is required and — ( a ) that is used, or attempted to be used — (i) for a journey that is not the journey for which the ticket was issued; (ii) to over-travel the fare that was paid for the journey, without reasonable excuse; or (iii) by a person who is not the first user of a ticket which is non-transferable; ( b ) that has been altered or defaced; ( c ) that is counterfeit; or ( d ) that is expired; “Land Transport Authority of Singapore” or “LTA” means the public authority of that name constituted under the Land Transport Authority of Singapore Act 1995; “licensed” means — ( a ) licensed under the Bus Services Industry Act 2015 in the case of a bus operator; ( b ) licensed under the Rapid Transit Systems Act 1995 in the case of an operator of a rapid transit system; ( c ) licensed under the Road Traffic Act 1961 in the case of a taxi driver; or ( d ) licensed under the Point-to-Point Passenger Transport Industry Act 2019 in the case of a provider of a ride‑hail service provided using bookable vehicles, or a street‑hail service; “licensee” means a person to whom any licence has been granted under this Act; “limited liability partnership” has the meaning given by section 4(1) of the Limited Liability Partnerships Act 2005; “manager” — ( a ) in relation to a company, means the principal executive officer of the company for the time being by whatever name called and whether or not he or she is a director of the company; and ( b ) in relation to a limited liability partnership, has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “on-demand passenger transport service” and “on-demand ride booking service” have the meanings given by the Point‑to‑Point Passenger Transport Industry Act 2019; “over-travel”, in relation to a fare, means to remain on a bus or train after the place, distance or time covered by the fare paid for the journey has been reached and includes, for a smartcard ticket, tapping out before the completion of the journey or part of the journey; “paid area” means — ( a ) any platform of a railway station that is part of a rapid transit system; and ( b ) any area between such a platform and any ticket barrier access or ticket validating machine past which access is gained to the platform; “passenger” means an individual carried upon a bus, train, taxi or bookable vehicle (as the case may be) but does not include — ( a ) an owner, a driver or fare collector of a bus, train, taxi or bookable vehicle while carrying out work or on duty in that capacity; or ( b ) a public transport official while carrying out work or on duty in that capacity; “penalty fee” means the penalty fee referred to in section 53; “price”, in relation to any fare, includes — ( a ) the amount of any rate, fee, levy and charge and any other valuable consideration (however described) for a journey by bus, train, taxi or bookable vehicle (as the case may be), whether or not it is paid or given to an operator of a bus service or train service, a provider of a street‑hail service or ride‑hail service or a driver of a bus, train, taxi or bookable vehicle; ( b ) the provision of, or arrangements for, a discount, concession, allowance, rebate or credit applying in relation to any amount in paragraph ( a ); and ( c ) in the case of a ride-hail fare, includes the amount of a booking fee, but does not include a consideration of a kind prescribed by the Minister by order in the Gazette for the purposes of this definition; “pricing policy” means the policy for setting any fare, including a policy relating to the level or structure of prices for any fare; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function; “public bus operator” means a licensed bus operator who is party to a public bus services contract for the provision of bus services specified in that contract, and includes a licensed bus operator holding a Class 1 bus service licence but is not party to such a contract; “public bus services contract” has the meaning given by the Bus Services Industry Act 2015; “public service vehicle” has the meaning given by the Road Traffic Act 1961; “Public Transport Fund” means the fund of that name established under Part 4; “public transport official” means an individual appointed by the Council as a public transport official under section 51; “rapid transit system” has the meaning given by the Rapid Transit Systems Act 1995; “ride-hail common pricing scheme” means a contract made between the prescribed ride‑hail industry participants providing a ride‑hail service that provides — ( a ) for a common price or price structure for a fare component in relation to that ride‑hail service; and ( b ) for periodic reviews of that common price or price structure, and includes any variation of that contract; “ride-hail fare” means the price paid or given for the use of a ride‑hail service, whether or not it is paid or given to the provider of the ride‑hail service, a driver or any other person, and includes a booking fee; “ride-hail industry participant”, for a type of ride‑hail service, means any of the following: ( a ) a ride-hail service licensee authorised to provide that type of ride‑hail service; ( b ) any person or class of persons prescribed for the purposes of this definition either generally, or with respect to that particular type of ride‑hail service; “ride-hail service” means — ( a ) an on-demand passenger transport service of any type provided using bookable vehicles; or ( b ) an on-demand ride booking service of any type provided using bookable vehicles; “ride-hail service licensee” means a person to whom a ride-hail service licence to provide a ride-hail service is granted (on renewal or otherwise) or deemed granted under the Point‑to‑Point Passenger Transport Industry Act 2019; “smartcard reader” means a device or combination of devices that is capable of electronically reading, recording and processing information from a ticket that is a smartcard, and copying or transferring information from the smartcard and storing and displaying the information in legible form; “street-hail common pricing scheme” means a contract made between the prescribed street‑hail industry participants providing a street‑hail service that provides — ( a ) for a common price or price structure for a fare component in relation to that street‑hail service; and ( b ) for periodic reviews of that common price or price structure, and includes any variation of that contract; “street-hail fare” means the price paid or given for the use of a street‑hail service, whether or not it is paid or given to the provider of the street‑hail service, a driver or any other person, but does not include any booking fee for a taxi made available, or to be made available, in providing on‑demand passenger transport services; “street-hail industry participant” means any of the following: ( a ) a street-hail service licensee; ( b ) a taxi driver licensed under the Road Traffic Act 1961 to drive a taxi not owned by a street‑hail service licensee; ( c ) any person or class of persons prescribed for the purposes of this definition either generally, or with respect to a class of street‑hail service; “street-hail service” means a service involving the transport by road of passengers within, or partly within, Singapore for hire or reward — ( a ) provided using motor vehicles which are taxis; and ( b ) under which any individual can hail or hire on‑demand such a motor vehicle when it is — (i) standing or plying for hire on a road; and (ii) authorised under the Point‑to‑Point Passenger Transport Industry Act 2019 or the Road Traffic Act 1961 to stand or ply for hire on a road; “street-hail service licensee” means a person to whom a street‑hail service licence to provide a street‑hail service is granted (on renewal or otherwise) or deemed granted under the Point‑to‑Point Passenger Transport Industry Act 2019; “tap in”, where payment of a fare is made using a smartcard, means to present a smartcard ticket to a smartcard reader on starting a journey, or part of a journey, resulting in a response from the smartcard reader that the transaction is successful; “tapping out”, where payment of a fare is made using a smartcard, means to present a smartcard ticket to a smartcard reader on completing a journey, or part of a journey, resulting in a response from the smartcard reader that the transaction is successful; “taxi” means any public service vehicle which is classified as a taxi under the Second Schedule to the Road Traffic Act 1961; “ticket” means any form of authorisation, issued for the conveyance of any passenger on a rapid transit system or on any bus operated by a public bus operator, or both; “ticket payment service” means — ( a ) a service for — (i) the clearing of any ticket transaction; or (ii) the sale, topping-up, replacement or refund, or the management of the use, of a mode of payment for tickets; or ( b ) any other services that the Council may, by order in the Gazette , prescribe; “ticket payment service licence” means a licence granted under Part 5; “ticket transaction” means any record of a fare deduction created by the use of a mode of pay


document_id: ptca-1987
provision_ref: s3
chapter: PART 2 - PUBLIC TRANSPORT COUNCIL
section: 3
title: Establishment and constitution of Public Transport Council
content:
3. —(1) A council called the Public Transport Council is established, which consists of the following members: ( a ) a Chairperson; ( b ) any other members that the Minister may determine. (2) The First Schedule has effect with respect to the Council, its members and proceedings.


document_id: ptca-1987
provision_ref: s4
chapter: PART 2 - PUBLIC TRANSPORT COUNCIL
section: 4
title: Council is body corporate
content:
4. —(1) The Public Transport Council is re-constituted as a body corporate with perpetual succession, capable of all of the following by that name: ( a ) suing and being sued; ( b ) acquiring, holding and disposing of movable and immovable property; ( c ) doing and suffering all acts and things that a body corporate may by law do and suffer. [31/2015] (2) The Council must have an official seal, which may be broken, changed, altered or made anew as the Council thinks fit. [31/2015] (3) All deeds and other documents requiring the seal of the Council must be sealed with the official seal of the Council. [31/2015] (4) Every instrument to which the official seal of the Council is affixed must be signed — ( a ) by any 2 members of the Council generally or specially authorised by the Council for the purpose; or ( b ) by one member of the Council and the Chief Executive. [31/2015] (5) All courts, judges and persons acting judicially must take judicial notice of the official seal of the Council affixed to any document and must presume that it was duly affixed. [3A [31/2015]


document_id: ptca-1987
provision_ref: s5
chapter: PART 2 - PUBLIC TRANSPORT COUNCIL
section: 5
title: Functions of Council
content:
5. —(1) The functions of the Council are — ( a ) to set or approve fares and fare pricing policies for bus services, train services, street‑hail services and ride‑hail services in Singapore; ( b ) to promote and facilitate the integration of bus fares and train fares to ensure the provision of efficient public passenger transport services and facilities; ( c ) to evaluate and recommend to the Government improvements to, or otherwise advise the Government in respect of, bus services, train services, street‑hail services and ride‑hail services in Singapore so that they — (i) may satisfy all reasonable passenger demands in Singapore for bus services, train services, street‑hail services and ride‑hail services; (ii) may offer an attractive alternative to private motor vehicle transport, and the extent of such travel, in Singapore; (iii) are effectively and efficiently integrated so as to facilitate seamless travel for passengers within and between different modes of land transport and greater mobility within communities in Singapore; and (iv) provide viable public passenger transport services at a reasonable cost to the community and the Government; ( d ) to undertake surveys or other arrangements to obtain public feedback on any matter relating to the provision of bus services, train services, street‑hail services and ride‑hail services in Singapore; ( e ) to exercise licensing and regulatory functions in respect of the provision of ticket payment services in Singapore; and ( f ) to perform such functions as the Minister may, by order in the Gazette , assign. [31/2015; 20/2019] (2) Nothing in this section is to be construed as imposing on the Council, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject. [4 [31/2015]


document_id: ptca-1987
provision_ref: s6
chapter: PART 2 - PUBLIC TRANSPORT COUNCIL
section: 6
title: Powers of Council
content:
6. —(1) The Council has power to do anything for the purpose of discharging its functions under this Act or which is incidental or conducive to the discharge of those functions and, in particular, may — ( a ) grant ticket payment service licences and supervise and enforce compliance with the terms of those licences; and ( b ) appoint and employ on such terms and conditions as the Council may determine such officers, employees and agents as the Council thinks fit for the effective performance of its functions. [31/2015] (2) The Council must furnish the Minister with information with respect to its property and activities in such manner and at such times as the Minister may require. [5 [31/2015]


document_id: ptca-1987
provision_ref: s7
chapter: PART 2 - PUBLIC TRANSPORT COUNCIL
section: 7
title: Directions by Minister
content:
7. The Minister may give to the Council any direction under section 5 of the Public Sector (Governance) Act 2018. [5A [5/2018]


document_id: ptca-1987
provision_ref: s8
chapter: PART 2 - PUBLIC TRANSPORT COUNCIL
section: 8
title: Appointment of committees and delegation
content:
8. —(1) The Council may appoint from among its own members or from other persons who are not members such number of committees as it thinks fit for purposes which, in the opinion of the Council, would be better regulated and managed by means of such committees. [31/2015] (2) The Council may, subject to such conditions or restrictions as it thinks fit, delegate any of the functions, duties or powers of the Council under this Act or any other written law to — ( a ) the Chairperson or Chief Executive; ( b ) any committee appointed under subsection (1); or ( c ) any member, officer or employee of the Council. [31/2015] (3) However, the Council is not authorised by subsection (2) to delegate any function, duty or power conferred by any provision in Part 8. [31/2015; 5/2018] (4) Any function, duty or power delegated under subsection (2) to any committee or person may be performed or exercised by the committee or person to whom it has been delegated in the name and on behalf of the Council. [5B [31/2015]


document_id: ptca-1987
provision_ref: s9
chapter: PART 2 - PUBLIC TRANSPORT COUNCIL
section: 9
title: Chief Executive, officers and employees, etc.
content:
9. —(1) There must be a Chief Executive of the Council, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Council may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, any other officers, employees, consultants and agents that may be necessary for the effective performance of its functions. [5C [5/2018]


document_id: ptca-1987
provision_ref: s10
chapter: PART 2 - PUBLIC TRANSPORT COUNCIL
section: 10
title: Preservation of secrecy
content:
10. —(1) Except for the purpose of the performance of his or her duties, or the exercise of his or her functions or when lawfully required to do so by any court or where required or allowed by the provisions of any written law, an individual who is or has been — ( a ) a member, an officer, an employee or an agent of the Council; ( b ) a member of a committee of the Council; or ( c ) an inspector, must not disclose any information relating to the affairs of the Council or of any other person which has been obtained by the individual in the performance of the individual’s duties or the exercise of the individual’s functions under this Act. [31/2015; 5/2018] (2) Any individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [5D [31/2015]


document_id: ptca-1987
provision_ref: s11
chapter: PART 2 - PUBLIC TRANSPORT COUNCIL
section: 11
title: Protection from personal liability
content:
11. No liability shall lie personally against any member, officer or employee of the Council, committee member or other person acting under the direction of the Council who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. [6 [31/2015]


document_id: ptca-1987
provision_ref: s12
chapter: PART 3 - FINANCIAL PROVISIONS
section: 12
title: Expenses
content:
12. Except as otherwise provided, all expenses incurred in carrying out the purposes of this Act must be met from the funds of the Council. [8


document_id: ptca-1987
provision_ref: s13
chapter: PART 3 - FINANCIAL PROVISIONS
section: 13
title: Grants to Council
content:
13. For the purpose of enabling the Council to carry out its functions under this Act or any other written law, the Minister may make grants to the Council of such sums as the Minister may determine out of moneys to be provided by Parliament. [9


document_id: ptca-1987
provision_ref: s14
chapter: PART 3 - FINANCIAL PROVISIONS
section: 14
title: Bank accounts and application of revenue
content:
14. —(1) The Council must open and maintain an account or accounts with such bank or banks as the Council thinks fit. (2) Every such account must be operated upon as far as practicable by cheque signed by such person or persons authorised to do so by the Council. (3) The moneys of the Council must be applied only in payment or discharge of expenses, obligations and liabilities of the Council and in making any payments that the Council is authorised or required to make. [10


document_id: ptca-1987
provision_ref: s15
chapter: PART 3 - FINANCIAL PROVISIONS
section: 15
title: Issue of shares, etc.
content:
15. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Council under this Act; or ( b ) any capital injection or other investment by the Government in the Council in accordance with any written law, the Council must issue such shares or other securities to the Minister for Finance as that Minister may direct. [10A [31/2015]


document_id: ptca-1987
provision_ref: s16
chapter: PART 3 - FINANCIAL PROVISIONS
section: 16
title: Power of investment
content:
16. The Council may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [10B [31/2015]


document_id: ptca-1987
provision_ref: s17
chapter: PART 3 - FINANCIAL PROVISIONS
section: 17
title: Financial year
content:
17. The financial year of the Council begins on 1 April of each year and ends on 31 March of the succeeding year. [11 [5/2018]


document_id: ptca-1987
provision_ref: s18
chapter: PART 4 - PUBLIC TRANSPORT FUND
section: 18
title: Public Transport Fund
content:
18. —(1) A Government fund called the Public Transport Fund is established comprising — ( a ) all moneys appropriated from the Consolidated Fund and authorised to be paid into the Public Transport Fund by any written law; ( b ) all contributions made pursuant to the Council’s direction under section 50(1), and any other donations made by any person for the purposes of the Fund; ( c ) all financial penalties imposed, on or after 1 April 2016, by the LTA — (i) under the Bus Services Industry Act 2015 on a public bus operator for a breach of a condition in the bus service licence; or (ii) under the Rapid Transit Systems Act 1995 on a licensed rapid transit system operator for a breach of a condition in the rapid transit system operator’s licence; and ( d ) all investments out of moneys in the Public Transport Fund authorised to be made by this Act and the proceeds of any such investment, including the net income from such investments. [31/2015] (2) As from 1 April 2016, the Government must pay into the Public Transport Fund such sum as the Minister for Finance may determine out of moneys to be provided by Parliament for the Public Transport Fund. [31/2015] (3) For the purposes of subsection (1)( d ), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Public Transport Fund, any profit derived or loss sustained (as the case may be) from the realisation of such investments. [11A [31/2015]


document_id: ptca-1987
provision_ref: s19
chapter: PART 4 - PUBLIC TRANSPORT FUND
section: 19
title: Purposes of Public Transport Fund
content:
19. —(1) Subject to section 25, the moneys in the Public Transport Fund may be withdrawn only for the following purposes: ( a ) to provide (directly to individuals or through organisations) cash grants, rebates, reliefs and other financial assistance to passengers using bus services or train services; ( b ) to invest subject to the limits in the Financial Procedure Act 1966 for investments of public moneys; ( c ) to meet expenses referred to in section 20 incidental to or arising from the administration, investment and management of moneys in the Public Transport Fund. [31/2015] (2) For the purposes of subsection (1)( b ), investing includes engaging in any financial activity, or participating in any financial arrangement, for the purpose of managing or hedging against any financial risk that arises or is likely to arise from any investment. [11B [31/2015]


document_id: ptca-1987
provision_ref: s20
chapter: PART 4 - PUBLIC TRANSPORT FUND
section: 20
title: Expenses
content:
20. —(1) All costs, expenses and charges incurred in relation to making any investment of moneys in the Public Transport Fund must be charged upon and are payable out of that Fund. [31/2015] (2) All other expenses incidental to or arising from the administration and management of moneys in the Public Transport Fund must be charged upon and are payable out of the Public Transport Fund, including but not limited to the following: ( a ) the cost of auditing the accounts of the Public Transport Fund, and the remuneration of the auditor if he or she is not the Auditor‑General; ( b ) all reasonable legal costs and all reasonable expenses incurred by the LTA in connection with the collection or attempted collection of any outstanding amounts (including any interest) of financial penalties referred to in section 18(1)( c ); ( c ) all reasonable expenses incurred by any public authority or person whom the Minister appoints under regulations made under section 27 to disburse financial assistance using moneys in the Public Transport Fund in carrying out their duties under that appointment and doing any thing incidental to or in connection with the purposes of that appointment. [31/2015] (3) However, no remuneration or allowances payable to a public officer may be met out of moneys in the Public Transport Fund. [11C [31/2015]


document_id: ptca-1987
provision_ref: s21
chapter: PART 4 - PUBLIC TRANSPORT FUND
section: 21
title: Withdrawals
content:
21. —(1) Moneys cannot be withdrawn from the Public Transport Fund unless they are charged upon that Fund or are authorised to be withdrawn or transferred under this Act. [31/2015] (2) Despite section 13 of the Financial Procedure Act 1966, payment may be made out of the Public Transport Fund only if the payment is approved by the Minister or an accounting officer authorised, in writing, by the Minister. [11D [31/2015]


document_id: ptca-1987
provision_ref: s22
chapter: PART 4 - PUBLIC TRANSPORT FUND
section: 22
title: Financial year
content:
22. The financial year of the Public Transport Fund begins on 1 April of each year and ends on 31 March of the succeeding year. [11E [31/2015]


document_id: ptca-1987
provision_ref: s23
chapter: PART 4 - PUBLIC TRANSPORT FUND
section: 23
title: Accounts
content:
23. —(1) The Minister must designate one or more public officers to be accounting officers of the Public Transport Fund. [31/2015] (2) Every accounting officer of the Public Transport Fund must — ( a ) cause to be kept proper accounts and records of all transactions and affairs relating to the Public Transport Fund, or the transactions and affairs of the part of that Fund that the accounting officer is in charge of, as the case may be; ( b ) do all things necessary to ensure that payments out of the Public Transport Fund and the disbursement of those moneys are properly authorised and correctly made; and ( c ) ensure that adequate control is maintained over the assets and receipts of the Public Transport Fund, or the assets and receipts of the part of that Fund that the accounting officer is in charge of, as the case may be. [31/2015] (3) A public officer designated under subsection (1) is also an accounting officer of the Public Transport Fund for the purposes of the Financial Procedure Act 1966. [11F [31/2015]


document_id: ptca-1987
provision_ref: s24
chapter: PART 4 - PUBLIC TRANSPORT FUND
section: 24
title: Financial statements and audit
content:
24. —(1) As soon as practicable after the close of each financial year, the Minister must — ( a ) cause to be prepared financial statements and accounts of the Public Transport Fund in respect of the financial year; and ( b ) cause to be submitted to the Auditor‑General the financial statements and accounts prepared under paragraph ( a ). [31/2015] (2) The Auditor-General must audit or cause an audit of the financial statements and accounts prepared under subsection (1) and report on them. [31/2015] (3) As soon as the accounts of the Public Transport Fund and the financial statements have been audited, a copy of the audited financial statements, together with a copy of any report made by the Auditor‑General, must be submitted to the Minister. [31/2015] (4) Where the Auditor‑General is not the auditor of the Public Transport Fund, a copy of the audited financial statements and any report made by the auditor must be forwarded to the Auditor‑General. [31/2015] (5) The Minister must as soon as practicable cause a copy of the audited financial statements of the Public Transport Fund and the auditor’s report to be presented to Parliament. [11G [31/2015]


document_id: ptca-1987
provision_ref: s25
chapter: PART 4 - PUBLIC TRANSPORT FUND
section: 25
title: Dissolution of Public Transport Fund
content:
25. Upon dissolution of the Public Transport Fund during any term of office of the Government (within the meaning of the Constitution), the balance then remaining in the Public Transport Fund must be transferred to the Consolidated Fund and added to the reserves of the Government not accumulated by it during that term of office. [11H [31/2015]


document_id: ptca-1987
provision_ref: s26
chapter: PART 4 - PUBLIC TRANSPORT FUND
section: 26
title: Recovery for overpayment, etc., and offences
content:
26. —(1) Where any amount of moneys in the Public Transport Fund is withdrawn and paid — ( a ) to a person by way of cash grant, rebate, relief or other financial assistance and the person is not eligible to receive that cash grant, rebate, relief or financial assistance, or is eligible for a lower amount; ( b ) without authorisation or in excess of authorisation, to a public authority or person appointed by the Minister under regulations made under section 27 to disburse cash grants, rebates, reliefs or financial assistance using moneys in the Public Transport Fund; or ( c ) for any other purposes which are not authorised or in excess of authorisation under this Act, the amount that has been paid or paid in excess (as the case may be) is recoverable as a debt due to the Government in a court of competent jurisdiction. [31/2015] (2) If — ( a ) a person furnishes a document, or makes a statement (whether orally, in writing or any other way) or gives information for the purpose of or in connection with obtaining, for that person or another person, any cash grant, rebate, relief or other financial assistance in section 19(1)( a ) out of moneys in the Public Transport Fund; ( b ) the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information (as the case may be) is misleading; and ( c ) the person knows, or ought reasonably to have known, that the document is false or misleading, or that the statement or information is as described in paragraph ( b ), the person 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 12 months or to both. [31/2015] (3) Subsection (2) does not apply if the document, statement or information is not false or misleading in a material particular, or if the statement or information did not omit any matter or thing without which the statement or information (as the case may be) is misleading in a material particular. [11I [31/2015]


document_id: ptca-1987
provision_ref: s27
chapter: PART 4 - PUBLIC TRANSPORT FUND
section: 27
title: Public Transport Fund regulations
content:
27. —(1) The Minister may make regulations — ( a ) describing the individuals or classes of bus or train passengers to whom cash grants, rebates, reliefs and other financial assistance may be given from moneys in the Public Transport Fund, including the amount, manner of and the terms and conditions for so providing; ( b ) providing for the appointment by the Council of any public authority or other person to disburse cash grants, rebates, reliefs and other financial assistance using moneys in the Public Transport Fund and to do anything incidental; ( c ) prescribing that any act or omission in contravention of any regulations shall be an offence punishable with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 12 months or with both; and ( d ) prescribing anything required to carry out the purposes or provisions of this Part. [31/2015] (2) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [11J [31/2015]


document_id: ptca-1987
provision_ref: s28
chapter: PART 5 - LICENSING OF TICKET PAYMENT SERVICES
section: 28
title: Ticket payment service licences
content:
28. —(1) A person must not provide or cause to be provided any ticket payment service without a ticket payment service licence. (2) An application for the grant or renewal of a ticket payment service licence must be made to the Council in such form or manner as the Council may require and must be accompanied by such particulars, information and documents as may be specified by the Council. (3) Subject to section 34, upon receipt of an application under subsection (2), the Council may — ( a ) grant or renew the licence permitting the applicant to provide a ticket payment service for such period and on such terms and conditions as the Council thinks fit; or ( b ) refuse to grant or renew the licence. [19


document_id: ptca-1987
provision_ref: s29
chapter: PART 5 - LICENSING OF TICKET PAYMENT SERVICES
section: 29
title: Matters to be considered by Council in granting or renewing ticket payment service licences
content:
29. In exercising its discretion to grant, renew or refuse to grant or renew a ticket payment service licence under section 28 and the terms and conditions to impose on the ticket payment service licence, the Council must have regard to the financial standing of the applicant and the applicant’s ability to maintain an adequate, satisfactory, secure and efficient ticket payment service. [20


document_id: ptca-1987
provision_ref: s30
chapter: PART 5 - LICENSING OF TICKET PAYMENT SERVICES
section: 30
title: Conditions of ticket payment service licence
content:
30. —(1) Without limiting section 28(3), the Council may, in granting or renewing a ticket payment service licence, impose conditions — ( a ) requiring the payment to the Council of a fee on the grant or renewal of the licence or periodic fees for the duration of the licence, or both, of such amount as may be prescribed by the Council; ( b ) requiring the payment to the Council of a security deposit or performance bond on the grant of the licence, of such amount as may be determined by the Council; ( c ) relating to any fee or charge imposed or collectible by the licensee; ( d ) relating to the provision or operation of any ticket payment service; ( e ) relating to the standards of performance to be complied by the licensee in connection with the provision or operation of ticket payment services; ( f ) relating to competition and the abuse of dominant position with respect to the provision or operation of any ticket payment service; ( g ) requiring the licensee to furnish information with respect to the licensee’s ticket payment service to the Council or any agent appointed by the Council in such manner and at such times as the Council may require; ( h ) requiring the licensee to seek the approval of the Council before making any material change to any operating rule or activity of the licensee’s ticket payment service; ( i ) if the licensee is a company, requiring the approval of the Council for the appointment, reappointment or removal of any individual as the chairperson of the board of directors of that company; and ( j ) requiring the licensee to undergo and pass such audit as the Council may determine for compliance with — (i) the relevant provisions of this Act; (ii) the terms and conditions of the licence; (iii) the codes of practice issued, approved or modified by the Council under section 36; (iv) any direction given by the Council under section 37; and (v) the standards of performance issued by the Council under paragraph ( e ). [20/2019] (2) For the purpose of subsection (1)( j ) — ( a ) the audit must be conducted by — (i) officers of the Council who have been duly designated by the Council for the purpose; or (ii) a qualified independent audit team approved by the Council for the purpose; ( b ) the Council may require the licensee — (i) to submit to the Council or to the persons conducting the audit such information as the Council may specify which pertains to the provision or operation of any ticket payment service by the licensee; and (ii) to allow the persons conducting the audit to carry out on-site collection or verification of any information which pertains to the provision or operation of any ticket payment service by the licensee; ( c ) any sample size used by the persons conducting the audit is deemed to be reasonable; and ( d ) the costs of and incidental to the conduct of the audit must be borne by the licensee. [21


document_id: ptca-1987
provision_ref: s31
chapter: PART 5 - LICENSING OF TICKET PAYMENT SERVICES
section: 31
title: Council may provide ticket payment service
content:
31. If there is for any reason no person providing any ticket payment service for the land transport system in Singapore or any part of the system, the Council may provide or cause to be provided a ticket payment service having regard to the reasonable requirements of the system in Singapore or part thereof. [22


document_id: ptca-1987
provision_ref: s32
chapter: PART 6 - FUEL EQUALISATION FUND
section: 32
title: Establishment of Fuel Equalisation Fund
content:
32. —(1) Every person to whom a Class 1 bus service licence or a licence under Part 3 of the Rapid Transit Systems Act 1995 has been granted must — ( a ) establish and maintain a Fuel Equalisation Fund (called in this Part the Fund) for the purpose of mitigating the effects of any increase in fuel price and electricity tariff; and ( b ) pay into the Fund an annual contribution of such amount as the Council may, from time to time, determine. [30/2015] (2) A person mentioned in subsection (1) must not withdraw any sum of money from the Fund except with the approval of the Council. (3) An application to withdraw any sum of money from the Fund must be made to the Council in such form or manner as the Council may require. (4) Upon receiving an application under subsection (3), the Council may — ( a ) grant the application to withdraw the sum of money from the Fund in full or in part, subject to such conditions as the Council thinks fit; or ( b ) reject the application. [22A


document_id: ptca-1987
provision_ref: s33
chapter: PART 6 - FUEL EQUALISATION FUND
section: 33
title: Contravention of section 32
content:
33. —(1) If the Council is satisfied that any person mentioned in section 32(1) has contravened section 32(1) or (2) or any condition imposed under section 32(4), the Council may, by written notice, require that person to pay to the Council a financial penalty in respect of the contravention of an amount not exceeding $100,000. (2) Unless otherwise directed by the Minister, the financial penalty payable by the person under subsection (1) does not absolve the person — ( a ) from the person’s compliance with section 32(1); and ( b ) if the Council requires the person to do so, from paying into the Fund such sum of money withdrawn by the person from the Fund without the approval of the Council. (3) The Council must, in any notice requiring the payment of a financial penalty, specify the date before which the financial penalty is to be paid, being a date not earlier than the end of the period within which an appeal against the decision may be brought under section 40. (4) Any financial penalty payable by any person under subsection (1) is recoverable as a debt due to the Council from that person, and the person’s liability to pay such penalty is not affected by the person’s licence ceasing (for any reason) to be in force. [22B


document_id: ptca-1987
provision_ref: s34
chapter: PART 7 - GENERAL PROVISIONS RELATING TO LICENCES
section: 34
title: Constitution of partnership or company to be licensed
content:
34. —(1) If the applicant for a licence under Part 5 is a partnership, all the partners of the partnership must be approved by the Council before the licence may be granted or renewed. [30/2015] (2) If the applicant for a licence under Part 5 is a limited liability partnership — ( a ) all the partners of the limited liability partnership must be approved by the Council; and ( b ) where any partner is a company, all the directors of that company must be approved by the Council, before the licence may be granted or renewed. [30/2015] (3) If the applicant for a licence under Part 5 is a company, all the directors of the company must be approved by the Council before the licence may be granted or renewed. [30/2015] (4) A person must not be appointed to be a new partner or director of a licensee unless the person is approved by the Council. (5) Every licensee to whom a licence has been granted under Part 5 must inform the Council of — ( a ) if the licensee is a partnership, the withdrawal by, or the expulsion of, any partner from the partnership; ( b ) if the licensee is a limited liability partnership, the withdrawal by, or the expulsion of, any partner from the limited liability partnership and, where any partner is a company, the resignation or removal of any director of that company; ( c ) if the licensee is a company, the resignation or removal of any director of the company; and ( d ) if the licensee is a partnership, limited liability partnership or company, the death of any partner or director. [22C [30/2015]


document_id: ptca-1987
provision_ref: s35
chapter: PART 7 - GENERAL PROVISIONS RELATING TO LICENCES
section: 35
title: Licensee to submit accounts
content:
35. —(1) Every licensee to whom a licence has been granted under Part 5 must submit — ( a ) a copy of the balance sheet and of the profit and loss account for the financial year which have been respectively audited by the licensee’s auditors (including every document required by law to be annexed or attached thereto) and certified to be a true copy by — (i) the licensee; (ii) if the licensee is a partnership, a partner of the partnership; (iii) if the licensee is a limited liability partnership, a partner or manager of the limited liability partnership, as the case may be; or (iv) if the licensee is a company, a director or the manager or the secretary of the company, as the case may be; and ( b ) a certified copy of the report of the auditors thereon, within 3 months after the close of each financial year of the licensee’s undertaking or within such extended period as the Council may approve. [30/2015] (2) If the balance sheet or profit and loss account is in a language other than English, there must also be annexed to it a translation in English certified to be a correct translation. (3) If the balance sheet or profit and loss account did not comply with the requirements of the law in force at the date of the audit, there must be made such additions to and corrections in the copy in order to make it comply with the requirements, and the fact that the copy has been so amended must be stated thereon. (4) The licensee must cause to be attached to the profit and loss account a statement or statements of the total revenue and expenditure of the licensee for the financial year containing such particulars and in such form as the Council may direct. (5) The statement or statements mentioned in subsection (4) must be duly audited and signed by — ( a ) the licensee; ( b ) if the licensee is a partnership, a partner of the partnership; ( c ) if the licensee is a limited liability partnership, a partner or manager of the limited liability partnership, as the case may be; or ( d ) if the licensee is a company, at least 2 of the directors of the company. [22D


document_id: ptca-1987
provision_ref: s36
chapter: PART 7 - GENERAL PROVISIONS RELATING TO LICENCES
section: 36
title: Codes of practice, etc.
content:
36. —(1) The Council may issue or approve and, from time to time, modify codes of practice in connection with — ( a ) the operation or provision of any ticket payment service by licensees; ( b ) the conduct of licensees; and ( c ) the preservation and promotion of fair competition among providers of ticket payment services. [30/2015] (2) Every licensee must comply with any code of practice issued, approved or modified by the Council under subsection (1), except that if any provision in any such code of practice is inconsistent with this Act, that provision does not have effect to the extent of the inconsistency. (3) The Council may, if the circumstances so warrant, exempt any licensee from any provision in any code of practice, whether unconditionally or subject to such conditions as the Council thinks fit to impose, and whether permanently or for such time as the Council may specify. (4) Any code of practice issued, approved or modified by the Council is deemed not to be subsidiary legislation. [22E


document_id: ptca-1987
provision_ref: s37
chapter: PART 7 - GENERAL PROVISIONS RELATING TO LICENCES
section: 37
title: Directions affecting licensee
content:
37. —(1) The Council may give directions to be observed by licensees for or in respect of the following matters: ( a ) the extent, hours and general level of ticket payment services to be operated or provided by licensees; ( b ) the provision of ticket payment services by licensees; ( c ) the preservation and promotion of fair competition among providers of ticket payment services; ( d ) any other matters affecting the interests of the public in connection with the services provided by licensees. [30/2015] (2) Any direction given under subsection (1) — ( a ) may require the licensee concerned to do or to refrain from doing (as the case may be) such things as are specified or described in the direction; ( b ) takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and ( c ) may be revoked at any time by the Council. (3) Before giving any direction to any licensee under subsection (1), the Council — ( a ) must give notice to the licensee — (i) informing the licensee of the proposed direction and setting out its effect; and (ii) specifying the time within which representations or objections to the proposed direction may be made by the licensee in connection with the proposed direction, unless the Council, in respect of any particular direction, considers that it is not practicable or desirable that such notice be given; and ( b ) must consider any representation or objection which is duly made by the licensee in accordance with paragraph ( a )(ii). (4) Every licensee must comply with every direction given to the licensee by the Council under this section. [22F


document_id: ptca-1987
provision_ref: s38
chapter: PART 7 - GENERAL PROVISIONS RELATING TO LICENCES
section: 38
title: Modification of licence conditions
content:
38. —(1) Subject to this section, the Council may, without any compensation, add to, delete or modify the conditions of a licence imposed under this Act. (2) Before making any addition to or deletion or modification of the conditions of a licence under subsection (1), the Council must give notice to the licensee — ( a ) stating that it proposes to make the addition, deletion or modification in the manner specified in the notice; and ( b ) specifying the time (not being less than 28 days from the date of service of the notice on such licensee) within which the licensee may make written representations to the Council with respect to the proposed addition, deletion or modification. (3) Upon receipt of any written representation referred to in subsection (2)( b ), the Council must consider the representation and may — ( a ) reject the representation; ( b ) amend the proposed addition, deletion or modification in such manner as it thinks fit having regard to the representation; or ( c ) withdraw the proposed addition, deletion or modification. (4) Where the Council — ( a ) rejects any written representation under subsection (3)( a ); or ( b ) amends any proposed addition, deletion or modification under subsection (3)( b ), the Council must issue a written direction to the licensee requiring the licensee, within the time specified by the Council, to give effect to the addition, deletion or modification as specified in the notice or as amended by the Council, as the case may be. (5) The Council must not enforce its direction — ( a ) during the period referred to in section 40(1); and ( b ) while the appeal of the licensee is under consideration by the Minister. (6) If no written representation is received by the Council within the time specified in subsection (2)( b ) or if any written representation made under that subsection is subsequently withdrawn, the Council may immediately carry out the addition to or deletion or modification of the conditions of the licence as specified in the notice given to the licensee under subsection (2). [22G


document_id: ptca-1987
provision_ref: s39
chapter: PART 7 - GENERAL PROVISIONS RELATING TO LICENCES
section: 39
title: Suspension or cancellation of licence, etc.
content:
39. —(1) Subject to subsection (2), if any licensee — ( a ) contravenes or fails to secure the compliance by the licensee’s employees, agents or contractors with — (i) any condition of a ticket payment service licence; or (ii) any provision of this Act; ( b ) in the opinion of the Council, fails or is likely to fail to provide and maintain an adequate, satisfactory, secure and efficient ticket payment service; ( c ) goes into compulsory or voluntary liquidation other than for the purpose of reconstruction or amalgamation; ( d ) makes any assignment to, or composition with, the licensee’s creditors; ( e ) fails to comply with any code of practice issued, approved or modified under section 36; or ( f ) fails to comply with any direction given under section 37, the Council may, by written notice and without any compensation, do all or any of the following: ( g ) suspend or cancel the licence of the licensee; ( h ) forfeit the whole or any part of any security deposit or performance bond paid to the Council by the licensee or by the licensee’s bank pursuant to a bank guarantee; ( i ) require the licensee to pay, within a specified period, a financial penalty of such amount not exceeding $100,000 for each contravention or breach as the Council thinks fit. [30/2015] (2) The Council must not impose any financial penalty under subsection (1)( i ) on any licensee by reason only that under subsection (1)( b ) the Council is of the opinion that the licensee is likely to fail to provide and maintain an adequate and satisfactory bus service or an adequate, satisfactory, secure and efficient ticket payment service, as the case may be. [22H


document_id: ptca-1987
provision_ref: s40
chapter: PART 7 - GENERAL PROVISIONS RELATING TO LICENCES
section: 40
title: Appeal to Minister
content:
40. —(1) Any licensee aggrieved by — ( a ) any refusal by the Council to renew a licence under section 28(3); ( b ) any condition imposed by the Council under section 30(1)( e ); ( c ) any decision of the Council made under section 32(4), 33(1) or 39(1)( g ), ( h ) or ( i ); ( d ) anything contained in any code of practice issued, approved or modified by the Council under section 36; or ( e ) any direction given by the Council under section 37 or issued by the Council under section 38(4), may, within 14 days of the receipt of the notice relating to the relevant matter, appeal to the Minister. [30/2015] (2) Unless otherwise provided, where an appeal is lodged under this section, the decision, direction or other thing appealed against must be complied with until the determination of the appeal. (3) The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Council or by amending any condition imposed or code of practice issued, approved or modified by the Council. (4) The decision of the Minister in any appeal is final. [22I


document_id: ptca-1987
provision_ref: s41
chapter: PART 8 - BUS FARES, STREET‑HAIL AND RIDE‑HAIL FARE
section: 41
title: Bus, train, street-hail and ride-hail fares
content:
41. —(1) A person must not demand or take from a bus passenger, for any bus service involving the carriage of the passenger on a bus and operated by the person, or by the person on behalf of the licensed bus operator of the bus service, a bus fare that — ( a ) is more than the maximum price approved under section 47 or 48 for that bus service; ( b ) is inconsistent with any part of the pricing policy set or approved under section 47 or 48 for that bus service; or ( c ) is different from the bus fare last published by the licensed bus operator for that bus service. [31/2015; 20/2019] (2) A person must not demand or take from a train passenger, for any train service involving the carriage of the passenger on a train and operated by the person, or by the person on behalf of the licensed rapid transit system operator, a train fare that — ( a ) is more than the maximum price approved under section 47 or 48 for that train service; ( b ) is inconsistent with any part of the pricing policy set or approved under section 47 or 48 for that train service; or ( c ) is different from the train fare last published by the licensed rapid transit system operator for that train service. [31/2015] (3) A person must not initiate the collection of, or collect, a street‑hail fare for a passenger’s journey in a taxi provided in the course of a street‑hail service if the street‑hail fare — ( a ) is inconsistent with any part of the pricing policy set under section 43 for that street‑hail service; or ( b ) is more than the street‑hail fare last published by the street‑hail service licensee authorised to provide that street‑hail service. [20/2019] (4) A person must not initiate the collection of, or collect, a ride‑hail fare for a passenger’s journey in a bookable vehicle provided in the course of an on‑demand passenger transport service relating to a ride‑hail service if the ride‑hail fare — ( a ) is inconsistent with any part of the pricing policy set under section 45 for that ride‑hail service; or ( b ) is more than the ride‑hail fare last published by the ride‑hail service licensee authorised to provide that ride‑hail service. [20/2019] (5) A street‑hail service licensee or ride‑hail service licensee which offers to the public, or any section of the public, as the case may be — ( a ) any street‑hail service for any street‑hail fare that is inconsistent with any part of the pricing policy set under section 43 for that street‑hail service; or ( b ) any ride‑hail service for any ride‑hail fare that is inconsistent with any part of the pricing policy set under section 45 for that ride‑hail service, 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 6 months or to both. [20/2019] (6) If any dispute arises as to the fare calculated according to distance, the dispute may be referred to the Council or to the officer‑in‑charge of any police station whose decision is final, and any certificate issued by the Council or the police officer with regard thereto is admissible in evidence. (7) Any person who demands or takes or attempts to take any money in contravention of subsection (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [31/2015; 20/2019] (8) To avoid doubt, an offence under this section is a strict liability offence. [20/2019] (9) For the purposes of this section, where the Council revokes or suspends its approval of any bus fare or train fare under section 47(5) or (6)( a ) (called in this section the replaced fare) — ( a ) the last revocation revives the bus fare or train fare approved (if any) by the Council previous to it approving the replaced fare, and with effect from the revocation, the bus fare or train fare revived is to be regarded as an approved maximum price for the fare; or ( b ) for the period of suspension, the bus fare or train fare approved by the Council previous to the suspension of the replaced fare is revived, and for that period, the replaced bus fare or train fare is not to be regarded as an approved maximum price for the fare. [31/2015] (10) To avoid doubt, subsections (1) and (7) bind — ( a ) the Land Transport Authority of Singapore in respect of every public bus services contract it is a party to, or when the Land Transport Authority of Singapore operates a bus service, as if it is the bus operator in that subsection; ( b ) every public bus operator providing bus services under a public bus services contract as if it is the bus operator in that subsection; and ( c ) every employee of the Land Transport Authority of Singapore or a bus operator referred to in paragraph ( b ) employed to deliver those bus services. [23 [31/2015]


document_id: ptca-1987
provision_ref: s42
chapter: PART 8 - BUS FARES, STREET‑HAIL AND RIDE‑HAIL FARE
section: 42
title: Obtaining information for fare setting or reviews, etc.
content:
42. —(1) In this section, “relevant person” means — ( a ) any licensed bus operator; ( b ) any licensed rapid transit system operator; or ( c ) any street‑hail industry participant or ride‑hail industry participant. [31/2015; 20/2019] (2) The Council may by written notice require a relevant person to furnish, within a reasonable period and in such form and manner as may be specified in the notice, such accounts, financial statements or other documents and information — ( a ) which the Council considers necessary to carry out the functions or duties of or assigned to the Council by or under section 43, 45, 47 or 48; and ( b ) which are within the knowledge of the relevant person or are in the relevant person’s custody or under the relevant person’s control. [31/2015; 20/2019] (3) The power to require a relevant person to furnish any accounts, financial statements, document or information under subsection (2) includes the power to require the relevant person, or any person who is or was an officer or employee of the relevant person, to provide an explanation of the accounts, financial statements, document or information. [31/2015] (4) Any person who, in furnishing any accounts, financial statements, document or information required under subsection (2) — ( a ) makes a statement which the person knows to be false or misleading in a material particular; or ( b ) recklessly makes a statement which is false or misleading in a material particular, 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. [31/2015] (5) Any person who, without reasonable excuse, refuses to furnish any accounts, financial statements, document or information required under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [31/2015] (6) The Council may by written notice require the LTA to furnish or supply to the Council any particulars or information — ( a ) which are obtained by the LTA in the performance of its function under the Bus Services Industry Act 2015; and ( b ) which the Council considers necessary to carry out the functions or duties of or assigned to the Council by or under this Part. [31/2015] (7) Despite the provisions of the Land Transport Authority of Singapore Act 1995, the LTA must furnish the particulars and information required under subsection (6) within such time as may be agreed to between the Council and the LTA. [23A [31/2015] Division 2 &#x2014; Street-hail fare pricing policy [20/2019]


document_id: ptca-1987
provision_ref: s43
chapter: PART 8 - BUS FARES, STREET‑HAIL AND RIDE‑HAIL FARE
section: 43
title: Street-hail fare pricing policy orders
content:
43. —(1) Subject to subsection (4) and any regulations made under subsection (8), the Council may, by order in the Gazette (called a street‑hail fare pricing policy order), set the pricing policy for street‑hail fares for any street‑hail service. [31/2015; 20/2019] (2) A street‑hail fare pricing policy order for a street‑hail service may set the price‑fixing factors for street‑hail fares in any manner the Council considers appropriate, including — ( a ) fixing the components of street‑hail fares for the street‑hail service; ( b ) fixing the pricing policy or principles that are to be applied in relation to the street‑hail service provided; ( c ) specifying a factor or factors to be applied, and the manner in which such a factor is or factors are to be applied, in setting street‑hail fares or terms and conditions for the street‑hail service provided; ( d ) fixing the basis on which prices of street‑hail fares are to be calculated for different taxis, for different types of journeys by taxis, for different passengers or for hiring of taxis in different circumstances; ( e ) fixing a price for components of a street‑hail fare where a street‑hail common pricing scheme is permitted and there is no street‑hail common pricing scheme in effect; ( f ) fixing a maximum or minimum price or price range, or a maximum rate of increase or decrease or minimum rate of increase or decrease in the price or the maximum and minimum price for street‑hail fares for the street‑hail service provided, or other price control formula; ( g ) regulating or prohibiting payment surcharges and charges on transactions involving payment of a street‑hail fare; and ( h ) any other terms the Council considers appropriate. [31/2015; 20/2019] (3) A street‑hail fare pricing policy order for a street‑hail service may — ( a ) permit the street‑hail industry participants, by a street‑hail common pricing scheme, to vary one or more components of a street‑hail fare for the street‑hail service set for that component in the street‑hail fare pricing policy order; and ( b ) require a street‑hail industry participant to provide information to other street‑hail industry participants, passengers, prospective passengers or others, or generally publish, or cause to be published, information, relating to its prices of and pricing policies for street‑hail fares for street‑hail services provided by the street‑hail industry participant. [31/2015; 20/2019] (4) In making a street‑hail fare pricing policy order, the Council may consider the following factors: ( a ) the demand and supply of street‑hail services and ride‑hail services; ( b ) the standards of quality, reliability and safety of the street‑hail services and ride‑hail services, whether those standards are specified by legislation, agreement or otherwise, and any suggested or actual changes to those standards; ( c ) the need for greater efficiency in providing passengers responsive, safe, competitive, efficient and accessible street‑hail services and ride‑hail services; ( d ) any other matters that the Council considers relevant. [31/2015; 20/2019] (5) A street‑hail fare pricing policy order under subsection (1) takes effect on a date specified in the order, and — ( a ) cannot be varied (except as contemplated by the order); and ( b ) may be revoked by the Council with or without making another street‑hail fare pricing policy order in replacement. [31/2015; 20/2019] (6) Before the date a street‑hail fare pricing policy order under subsection (1) comes into effect, the Council must give notice of the making of the order in such manner as will secure adequate publicity for it. [31/2015; 20/2019] (7) However, failure to comply with subsection (6) in respect of any such order under subsection (1) does not in itself invalidate the order. [31/2015] (8) The Minister may make regulations prescribing the content, form and procedure that must be followed by the Council in connection with the preparation and making of a street‑hail fare pricing policy order for the purposes of subsection (1). [23B [31/2015; 20/2019]


document_id: ptca-1987
provision_ref: s44
chapter: PART 8 - BUS FARES, STREET‑HAIL AND RIDE‑HAIL FARE
section: 44
title: Lodgment of street‑hail fares and street‑hail common pricing schemes
content:
44. —(1) Within the prescribed period after a street‑hail fare pricing policy order is made for any street‑hail service but before it takes effect for the street‑hail service, every street‑hail industry participant providing that street‑hail service must — ( a ) determine the prices of street‑hail fares for that street‑hail service if no prices are set by that order; and ( b ) lodge with the Council those prices determined, together with any supporting information the Council may require. [31/2015; 20/2019] (2) Where a street‑hail fare pricing policy order for a street‑hail service permits a street‑hail common pricing scheme to vary one or more components of the street‑hail fare in the street‑hail fare pricing policy order, the prescribed street‑hail industry participants for the street‑hail common pricing scheme — ( a ) may start collective negotiations among themselves to determine the common prices of those components of street‑hail fares to be charged, or to vary those common prices, and the period during which those prices will apply; and ( b ) must lodge with the Council the street‑hail common pricing scheme with the common prices determined or varied under that scheme and the effective date of those prices, together with any supporting information the Council may require. [31/2015; 20/2019] (3) The common prices last lodged with the Council under subsection (2)( b ) for any component of a street‑hail fare for street‑hail services have the effect of varying, from the date specified in the lodgment, any price set by the Council in the street‑hail fare pricing policy order for that component for those street‑hail services (even though not agreed to by all the prescribed street‑hail industry participants providing those street‑hail services) until the street‑hail common pricing scheme is terminated. [31/2015; 20/2019] (4) A group of licensed taxi drivers who drive taxis not owned by a street‑hail service licensee may appoint an association, organisation or a body (whether corporate or unincorporate) recognised by the Council for the purpose of this section to be a bargaining representative to negotiate a street‑hail common pricing scheme on behalf of the group. [31/2015; 20/2019] (5) To have effect, a street‑hail common pricing scheme for any component of a street‑hail fare — ( a ) must be in writing; ( b ) must be agreed to by the street‑hail industry participants prescribed for that component of the street‑hail fare; ( c ) must be made after following the procedure (if prescribed) in connection with the preparation and making; and ( d ) must state a process for dispute resolution. [31/2015; 20/2019] (6) A street‑hail industry participant may be party to more than one street‑hail common pricing scheme. [31/2015; 20/2019] (7) For the purposes of the Third Schedule to the Competition Act 2004, every street‑hail common pricing scheme permitted by a street‑hail fare pricing policy order is, when made, to be regarded as an agreement made in order to comply with a legal requirement. [23C [31/2015; 20/2019] Division 2A &#x2014; Ride-hail fare pricing policy


document_id: ptca-1987
provision_ref: s45
chapter: PART 8 - BUS FARES, STREET‑HAIL AND RIDE‑HAIL FARE
section: 45
title: Ride-hail fare pricing policy orders
content:
45. —(1) Subject to subsection (5) and any regulations made under subsection (9), the Council may, by order in the Gazette (called a ride‑hail fare pricing policy order), set the pricing policy for ride‑hail fares for all types of or any type of ride‑hail service. [20/2019] (2) Different ride-hail fare pricing policy orders may be made under subsection (1) in relation to different types of ride‑hail services. [20/2019] (3) A ride-hail fare pricing policy order for a ride‑hail service may set the price fixing factors for ride‑hail fares in any manner the Council considers appropriate, including — ( a ) fixing the components of ride‑hail fares for the ride‑hail service; ( b ) fixing the pricing policy or principles that are to be applied in relation to the ride‑hail service provided; ( c ) specifying a factor or factors to be applied, and the manner in which such a factor is or factors are to be applied, in setting ride‑hail fares or terms and conditions for the ride‑hail service provided; ( d ) fixing the basis on which prices of ride-hail fares are to be calculated for different bookable vehicles, for different types of journeys by bookable vehicles, for different passengers or for hiring of bookable vehicles in different circumstances; ( e ) fixing a price for components of a ride‑hail fare where a ride‑hail common pricing scheme is permitted and there is no ride‑hail common pricing scheme in effect; ( f ) fixing a maximum or minimum price or price range, or a maximum rate of increase or decrease or minimum rate of increase or decrease in the price or the maximum and minimum price for ride‑hail fares for the ride‑hail service provided, or other price control formula; ( g ) regulating or prohibiting payment surcharges and charges on transactions involving payment of a ride‑hail fare; and ( h ) any other terms the Council considers appropriate. [20/2019] (4) A ride-hail fare pricing policy order relating to a type of ride‑hail service may — ( a ) permit the ride-hail industry participants, by a ride‑hail common pricing scheme, to vary one or more components of a ride‑hail fare for that ride-hail service set for that component in the ride‑hail fare pricing policy order; and ( b ) require a ride-hail industry participant of that type of ride‑hail service to provide information to other ride‑hail industry participants, passengers, prospective passengers or others, or generally publish, or cause to be published, information relating to its prices of and pricing policies for ride‑hail fares for ride‑hail services provided by the ride‑hail industry participant. [20/2019] (5) In making a ride-hail fare pricing policy order relating to a type of ride‑hail service, the Council may consider the following factors: ( a ) the demand and supply of ride‑hail services and street‑hail services; ( b ) the standards of quality, reliability and safety of ride‑hail services and street‑hail services, whether those standards are specified by legislation, agreement or otherwise, and any suggested or actual changes to those standards; ( c ) the need for greater efficiency in providing passengers responsive, safe, competitive, efficient and accessible ride‑hail services and street‑hail services; ( d ) any other matters that the Council considers relevant. [20/2019] (6) A ride‑hail fare pricing policy order under subsection (1) relating to a type of ride‑hail service takes effect on a date specified in the order, and — ( a ) cannot be varied (except as contemplated by the order); and ( b ) may be revoked by the Council with or without making another ride‑hail fare pricing policy order in replacement in relation to that same type of ride‑hail service. [20/2019] (7) Before the date a ride‑hail fare pricing policy order under subsection (1) relating to a type of ride‑hail service comes into effect, the Council must give notice of the making of the order in such manner as will secure adequate publicity for it. [20/2019] (8) However, failure to comply with subsection (7) in respect of any such order under subsection (1) does not in itself invalidate the order. [20/2019] (9) The Minister may make regulations prescribing the content, form and procedure that must be followed by the Council in connection with the preparation and making of a ride‑hail fare pricing policy order for the purposes of subsection (1). [23D [20/2019]


document_id: ptca-1987
provision_ref: s46
chapter: PART 8 - BUS FARES, STREET‑HAIL AND RIDE‑HAIL FARE
section: 46
title: Lodgment of ride-hail fares and ride-hail common pricing schemes
content:
46. —(1) Within the prescribed period after a ride‑hail fare pricing policy order is made for any ride‑hail service but before it takes effect for the ride‑hail service, every ride‑hail industry participant providing that ride‑hail service must — ( a ) determine the prices of ride-hail fares for that ride‑hail service if no prices are set by that order; and ( b ) lodge with the Council those prices determined unless the nature of the ride‑hail fare makes lodgment impracticable, together with any supporting information the Council may require. [20/2019] (2) Where a ride-hail fare pricing policy order for a ride‑hail service permits a ride‑hail common pricing scheme to vary one or more components of the ride‑hail fare in the ride‑hail fare pricing policy order, the prescribed ride‑hail industry participants for that ride‑hail common pricing scheme — ( a ) may start collective negotiations among themselves to determine the common prices of those components of ride‑hail fares to be charged, or to vary those common prices, and the period during which those prices will apply; and ( b ) must lodge with the Council the ride‑hail common pricing scheme with the common prices determined or varied under that scheme and the effective date of those prices, together with any supporting information the Council may require. [20/2019] (3) The common prices last lodged with the Council under subsection (2)( b ) for any component of a ride‑hail fare for ride‑hail services have the effect of varying, from the date specified in the lodgment, any price set by the Council in the ride‑hail fare pricing policy order for that component for those ride‑hail services (even though not agreed to by all the prescribed ride‑hail industry participants providing those ride‑hail services) until the ride‑hail common pricing scheme is terminated. [20/2019] (4) To have effect, a ride-hail common pricing scheme for any component of a ride‑hail fare — ( a ) must be in writing; ( b ) must be agreed to by the ride‑hail industry participants prescribed for that component of the ride‑hail fare; ( c ) must be made after following the procedure (if prescribed) in connection with the preparation and making; and ( d ) must state a process for dispute resolution. [20/2019] (5) A ride-hail industry participant may be party to more than one ride‑hail common pricing scheme. [20/2019] (6) For the purposes of the Third Schedule to the Competition Act 2004, every ride‑hail common pricing scheme permitted by a ride‑hail fare pricing policy order is, when made, to be regarded as an agreement made in order to comply with a legal requirement. [23E [20/2019] Division 3 &#x2014; Bus fares and train fares [31/2015]


document_id: ptca-1987
provision_ref: s47
chapter: PART 8 - BUS FARES, STREET‑HAIL AND RIDE‑HAIL FARE
section: 47
title: Application for approval of fares
content:
47. —(1) An application for the Council’s approval of the price of, or the pricing policy for, any bus fare or train fare, must — ( a ) be made in such form and manner as the Council may determine; and ( b ) be supported by such documents (including certified copies of any balance sheet and profit and loss account, and any auditor’s report, relating to the applicant’s undertaking) as the Council may require. [31/2015] (2) In considering any application for approval of the price of, or the pricing policy for, any bus fare or train fare, the Council must take into account — ( a ) the need for the applicant to remain financially viable; ( b ) the requirements imposed by or under section 49; ( c ) the need for fare concessions to address the interests of certain passengers like the elderly and students; ( d ) facilitating integrated and seamless travel by passengers making journeys which involve the use of — (i) the bus services and train services of more than one bus operator (whether or not a public bus operator) or rapid transit system operator; (ii) more than one bus service or train service (whether or not operated by the same person); or (iii) both bus services and train services (whether or not operated by the same person); ( e ) facilitating the integration of bus fares and train fares; ( f ) the need to optimise the bus and rapid transit system network capacity of buses and trains and to ensure economic, financial and technical viability of the public bus system and the rapid transit system; ( g ) whether increases in bus fares or train fares could cause financial hardship to commuters because there is, or is imminent, a severe economic recession in Singapore or other extenuating circumstances; and ( h ) the need for public interest to be safeguarded. [31/2015] (3) On receipt of an application under subsection (1), the Council may — ( a ) refuse the application; or ( b ) approve the application subject to such conditions as the Council thinks fit, such as any requirement in section 48(5)( b ), ( c ) or ( d ). [31/2015] (4) The Council’s approval under subsection (3) or decision on review under section 48 may be expressed in one or more of the following terms: ( a ) fixing the price or the rate of increase or decrease in the price of bus fares or train fares; ( b ) fixing a maximum or minimum price, or a maximum rate of increase in the maximum price, of bus fares or train fares; ( c ) fixing an average price for specified bus services or train services, or an average rate of increase or decrease in the average price of bus fares or train fares; ( d ) specifying pricing policies or principles for bus fares or train fares, including a policy or principle requiring prospective passengers to be informed in advance of any change in bus fares or train fares; ( e ) specifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor; ( f ) specifying an amount determined by reference to quantity (such as number of journeys or passengers), location, period or other specified factor relevant to the supply of the bus services or train services; ( g ) any other terms the Council considers appropriate. [31/2015] (5) Subject to subsection (7), the Council may, by order and without compensation, revoke any approval granted under subsection (3)( b ) or section 48 if the Council is satisfied that — ( a ) the applicant has failed to comply with any condition imposed by the Council under subsection (3)( b ) or requirements in section 48(5) on that approval; ( b ) the approval had been obtained by fraud or misrepresentation; ( c ) the applicant has been convicted of an offence under this Act; ( d ) it is in the public interest to do so; or ( e ) the applicant has refused or failed to comply with an order of the Council made under subsection (6)( b ) or subsection (3)( b ) or with section 50. [31/2015] (6) Subject to subsection (7), the Council may, in any case in which it considers that no cause of sufficient gravity exists for revoking any approval granted under subsection (3)( b ) to an applicant for such approval, by order — ( a ) suspend the approval for a period not exceeding 6 months; ( b ) impose on the applicant concerned a financial penalty of an amount not exceeding $100,000; or ( c ) publicly censure the applicant concerned. (7) Before exercising any of its powers under subsection (5) or (6), the Council must — ( a ) give to the applicant concerned written notice of its intention to do so; and ( b ) in the notice, call upon the applicant to show cause within such period as may be specified in the notice as to why the Council should not make any order under subsection (5) or (6), being a period of at least 7 days after the Council informs the applicant concerned of such intention. (8) If the applicant — ( a ) fails to show cause within the period of time given or such extended period of time as the Council may allow; or ( b ) fails to show sufficient cause, as to why the order under subsection (5) or (6) (as the case may be) should not be made, the Council must give written notice to the applicant concerned of the Council’s order made under the respective subsection. (9) In any proceedings under subsection (5) or (6) in relation to the conviction of an applicant for a criminal offence, the Council must accept the applicant’s conviction as final and conclusive. (10) Nothing in this section requires — ( a ) the LTA to apply to the Council for approval of bus fares — (i) for bus services provided under a public bus services contract (within the meaning of the Bus Services Industry Act 2015) to which the LTA is a party; or (ii) for bus services provided by the LTA when LTA operates the bus services; or ( b ) a public bus operator which provides a bus service according to the provisions of a public bus services contract to apply to the Council for approval of bus fares for the bus service specified in that contract. [24 [31/2015]


document_id: ptca-1987
provision_ref: s48
chapter: PART 8 - BUS FARES, STREET‑HAIL AND RIDE‑HAIL FARE
section: 48
title: Unilateral review of fares, etc.
content:
48. —(1) The Council may, on its own initiative, review — ( a ) the price of, or the pricing policy for — (i) any bus fare specified in a public bus services contract for any bus service; (ii) any bus fare approved under section 47 for bus services; or (iii) any train fare approved under section 47; or ( b ) the price of or pricing policy for any fare approved on review under this section. [31/2015] (2) A review under this section of any fare or fare pricing policy must take into account the matters referred to in section 47(2) and comply with section 49. [31/2015] (3) Without limiting subsection (1), a review under this section of the price of, or the pricing policy for, any bus fare or train fare, may be carried out for the purpose of promoting or facilitating — ( a ) the integration of bus fares and train fares; ( b ) arrangements for the through-carriage of passengers on bus services and train services provided by licensed bus operators (whether or not public bus operators) and licensed rapid transit system operators, respectively; and ( c ) the making by passengers of any journey which involves the use of — (i) the services of more than one such operator; (ii) more than one bus service or train service (whether or not operated by the same person); or (iii) both bus services and train services (whether or not operated by the same person). [31/2015] (4) On completing any review under subsection (1) in relation to the price of, or pricing policy for, any bus fare or train fare, the Council may — ( a ) add to, delete and substitute, or otherwise modify — (i) any part of its approval under section 47(3) or approval on review under this section; or (ii) any of the conditions for its approval under section 47(3), or approval on review under this section; or ( b ) set the price of or pricing policy for the bus fare to be specified in a public bus services contract for any bus service, and the fare or fare pricing policy so added to, substituted or otherwise modified, or set is, for the purposes of this Part, to be regarded as approved under this section. [31/2015] (5) In particular, a decision of the Council under subsection (4) in relation to any bus fare for bus services provided by a public bus operator, or any train fare for train services provided by a licensed rapid transit system operator, may do any of the following: ( a ) add to the price of the fare for those bus services or train services, the carry‑forward amount available to the bus operator of those bus services or the rapid transit system operator of those train services, as the case may be; ( b ) require the bus operator or rapid transit system operator concerned and, in the case of bus services provided under public bus services contracts, the LTA, to reallocate revenues among themselves for the provision of their respective services, such as — (i) entering into an agreement with each other, or with the LTA or another bus operator or rapid transit system operator, on such terms and conditions as the Council may specify for the reallocation of revenues; and (ii) taking such steps to ensure that the agreement is given effect to; ( c ) require the public bus operator or licensed rapid transit system operator, or the LTA in the case of bus services provided under public bus services contracts, to grant fare concessions — (i) for any specified class of passengers of buses or trains used to provide those bus services or train services, as the case may be; or (ii) for bus or train journeys starting at a specified place or area or starting or ending at any specified time; ( d ) require every public bus operator and licensed rapid transit system operator who agree to provide services for the through‑carriage of passengers provided by them to publish, or cause to be published, the through fares for those services. [31/2015] (6) Before making a decision under subsection (5), the Council must — ( a ) give notice of its proposed review under this section in the manner prescribed under subsection (7); and ( b ) after giving such notice, consult — (i) the LTA; and (ii) such licensed bus operator or licensed rapid transit system operator who would in the Council’s opinion be affected by the decision. [31/2015] (7) The Minister may make regulations prescribing the content, form and procedure to be followed, and the methodology or other matters to be included in connection with the preparation, review and approval of fares or fare pricing policies under this section. [24AA [31/2015]


document_id: ptca-1987
provision_ref: s49
chapter: PART 8 - BUS FARES, STREET‑HAIL AND RIDE‑HAIL FARE
section: 49
title: Fare review mechanism
content:
49. —(1) When approving under section 47, or approving on review under section 48, the price of any bus fare or train fare, the Council must do so only in accordance with the fare adjustment formula set out in the Third Schedule. [31/2015] (2) Where the bus fare charged by a public bus operator, or the train fare charged by a licensed rapid transit system operator, or the bus fare or train fare approved under section 47, or approved on review under section 48, for any year is less than the maximum permitted using the fare adjustment formula set out in the Third Schedule — ( a ) no public bus operator or licensed rapid transit system operator is entitled to demand a bus fare or train fare that includes that excess for that year; but ( b ) the excess may be claimed (in whole or in part) by the public bus operator or licensed rapid transit system operator concerned when applying for approval of any bus fare or train fare for the subsequent year or years, up to the maximum permitted using that fare adjustment formula. [31/2015] (3) However, the Council may refuse to add the excess referred to in subsection (2) to any bus fare or train fare with respect to a public bus operator or licensed rapid transit system operator if the bus operator or rapid transit system operator makes no claim under subsection (2)( b ) when applying under section 47 for approval of the bus fare or train fare. [24AB [31/2015]


document_id: ptca-1987
provision_ref: s50
chapter: PART 8 - BUS FARES, STREET‑HAIL AND RIDE‑HAIL FARE
section: 50
title: Contribution of proportion of fare increases
content:
50. —(1) Where the Council — ( a ) approved under section 47 an increase in any bus fare for any bus service provided by a public bus operator or in any train fare for any train service; or ( b ) approved on review under section 48 any bus fares or train fares that is an increase in any bus fare for any bus service provided by a public bus operator or in any train fare for any train service, every public bus operator and every licensed rapid transit system operator providing that bus service or train service (as the case may be) must contribute to the Public Transport Fund an amount set by the Council under this section. [31/2015] (2) In setting the amount of contribution that a public bus operator or a licensed rapid transit system operator must make under subsection (1), the Council must have regard to the estimated increase in revenue of the public bus operator or licensed rapid transit system operator that is attributable to the increase in fares approved or varied by the Council under section 47 or 48, as the case may be. [31/2015] (3) The Council may set the contribution in one or more of the following terms: ( a ) a fixed amount or rate of the estimated increase in revenue that is attributable to the increase in bus fares or train fares approved or revised by the Council under section 47 or 48, respectively; ( b ) any other terms as the Council considers appropriate. [31/2015] (4) The contributions that a public bus operator or a licensed rapid transit system operator has to make under subsection (1) must be made within the prescribed period after the effective date of any fare increase so approved or revised under section 47 or 48 (as the case may be) and thereafter, at the prescribed time in every subsequent year until the Council in writing directs otherwise. [31/2015] (5) Any unpaid contribution and any penalty or interest imposed under regulations made under section 73(2)( d ) may be recovered as a Government debt in a court of competent jurisdiction. [31/2015] (6) The Minister may make regulations prescribing the content, form and procedure that must be followed by the Council in connection with the setting of contributions for the purposes of subsection (1). [24AC [31/2015]


document_id: ptca-1987
provision_ref: s51
chapter: PART 9 - PUBLIC TRANSPORT OFFICIALS
section: 51
title: Appointment of public transport officials
content:
51. —(1) The Council may, with the approval of the Minister, in writing appoint any employee or class of employees of a public bus operator, a licensed rapid transit system operator or the Council to be public transport officials for the purposes of this Part. [31/2015] (2) The Council may also appoint any employee or class of employees of the LTA to be public transport officials for bus services that the LTA operates in Singapore. [31/2015] (3) Subject to the directions of the Council under subsection (5), a public transport official may require any individual who is travelling or attempting to travel on, or has travelled on — ( a ) any bus that is part of a bus service provided by a public bus operator; or ( b ) any train that is part of a train service provided by a licensed rapid transit system, to produce to the public transport official the individual’s ticket for the journey for inspection and, if the ticket is a concession ticket, evidence of the individual’s entitlement to the concession. [31/2015] (4) Subject to the directions of the Council under subsection (5), a public transport official may seize any ticket produced under subsection (3) if the public transport official has reason to believe that the ticket is an invalid ticket. [31/2015] (5) The Council may give directions to public transport officials in relation to the offering of an opportunity to pay penalty fees under section 53 and the exercise of any of their powers under this Part. [24A [31/2015]


document_id: ptca-1987
provision_ref: s52
chapter: PART 9 - PUBLIC TRANSPORT OFFICIALS
section: 52
title: Identification card to be produced
content:
52. —(1) Every public transport official when exercising any powers under this Part must — ( a ) declare his or her office; and ( b ) on demand, produce to any person affected by the exercise of those powers such identification card as the Council may direct to be carried by a public transport official. (2) It is not an offence for any person to refuse to comply with any request, demand or order made or given by any public transport official if the public transport official refuses to declare his or her office and produce his or her identification card, on demand being made by the person. [24B


document_id: ptca-1987
provision_ref: s53
chapter: PART 9 - PUBLIC TRANSPORT OFFICIALS
section: 53
title: Penalty fee for bus fare or train fare evasion
content:
53. —(1) A public transport official who believes on reasonable grounds that an individual — ( a ) who is travelling or attempting to travel or has travelled on a bus that is part of a bus service provided by a public bus operator; or ( b ) who is travelling or is attempting to travel (including entering a paid area within any railway premises) or has travelled on a train that is part of a train service provided by a licensed rapid transit system, is evading or has evaded payment of the fare lawfully required of the individual’s use of the bus or train (as the case may be) may, by notice, offer the individual concerned an opportunity to pay a penalty fee of the prescribed amount. [31/2015] (2) Every offer of an opportunity to pay a penalty fee is subject to directions given by the Council under section 51(5). [31/2015] (3) An individual who is given an offer by a public transport official of an opportunity to pay a penalty fee under subsection (1) may, within the prescribed period and in accordance with the prescribed procedure, appeal to the Council to hear such appeal against the offer. [31/2015] (4) On receiving an appeal under subsection (3), the Council, or an officer designated by the Council to hear the appeal, may — ( a ) confirm the offer by the public transport official, and vary the time within which the penalty fee must be paid; or ( b ) cancel the offer by the public transport official the making of which is, in the opinion of the Council or officer, not equitable, and every decision on appeal is final. [31/2015] (5) An individual who is offered by a public transport official an opportunity to pay a penalty fee may accept the offer by paying the penalty fee, or by arranging for another person to pay the penalty fee — ( a ) to a person directed by the public transport official and authorised by the Council to receive payments of penalty fees; or ( b ) to the Council itself, in the manner and within the time determined by the Council or under subsection (4)( a ) if an appeal under subsection (3) is made. [20/2019] (6) An offer of an opportunity to pay a penalty fee is withdrawn if the penalty fee is not paid within the time referred to in subsection (5). [31/2015] (7) On receiving payment of the penalty fee under subsection (5), the Council must give or cause to be given to the individual a receipt acknowledging that payment. [31/2015; 20/2019] (8) An individual who pays (by himself or herself or by arrangement with another) a penalty fee in accordance with subsection (5) cannot be prosecuted for an offence under section 54 or offered composition under section 67. [24C [31/2015]


document_id: ptca-1987
provision_ref: s54
chapter: PART 9 - PUBLIC TRANSPORT OFFICIALS
section: 54
title: Bus fare or train fare evasion
content:
54. —(1) An individual who is evading or has evaded payment of the fare in relation to — ( a ) a bus that is part of a bus service provided by a public bus operator; or ( b ) a train that is part of a train service provided by a licensed rapid transit system, shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $1,000; and ( d ) where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [31/2015] (2) 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 provision (called the current offence) has been convicted or found guilty, whether before, on or after 29 February 2016, of a qualifying offence before the date on which the person is convicted or found guilty of the current offence. [31/2015] (3) In subsection (2), a qualifying offence means — ( a ) an offence under subsection (1); or ( b ) an offence under section 24C(5) of this Act as in force before 29 February 2016. [31/2015] (4) For the purposes of this section and section 53, an individual evades payment of a fare in relation to a bus or train if the individual — ( a ) when attempting to travel, for an intended journey on the bus or train (including entering a paid area within any railway premises), without reasonable excuse — (i) does not pay the fare lawfully required; (ii) if using a smartcard ticket, does not tap in; (iii) attempts to travel on a concession fare without being entitled to the concession; or (iv) attempts to travel on an invalid ticket; ( b ) in relation to all or part of a journey travelled on the bus or train, without reasonable excuse — (i) does not pay the fare lawfully required; (ii) if using a smartcard ticket, does not tap in or tap out; (iii) travels on a concession fare without being entitled to the concession; or (iv) travels on an invalid ticket; or ( c ) without reasonable excuse, does or omits to do any other act that is prescribed in relation to any journey or intended travel on a bus or train. [31/2015] (5) For the purposes of this section and section 53, an individual is presumed, until the contrary is proved, to evade payment of a fare in relation to a bus or train if the individual, when requested by a public transport official — ( a ) fails to produce to the public transport official any ticket for the individual’s journey; ( b ) produces to the public transport official a concession ticket for the individual’s journey and then fails to produce evidence of the individual’s entitlement to the concession; ( c ) produces to the public transport official a smartcard ticket for the individual’s journey that, upon inspection by the official using a smartcard reader, is an invalid ticket, and then fails to produce a valid ticket for the journey; or ( d ) produces to the public transport official a ticket that is not a smartcard for the individual’s journey that, upon inspection by the official, is an invalid ticket, and then fails to produce a valid ticket for the journey. [24CA [31/2015]


document_id: ptca-1987
provision_ref: s55
chapter: PART 9 - PUBLIC TRANSPORT OFFICIALS
section: 55
title: Evidentiary provisions in proceedings for bus fare or train fare evasion
content:
55. —(1) If a fact relating to a smartcard ticket is relevant in proceedings relating to an offence under section 54, evidence of that fact as indicated or determined by — ( a ) a prescribed device that was used in the prescribed manner (if any); or ( b ) a printed document that was produced by a prescribed process, is admissible in evidence in those proceedings. [31/2015] (2) For the purposes of this section, a fact relates to a smartcard ticket if it relates to — ( a ) the smartcard ticket itself, including its type, identifying numbers and manner of acquisition; ( b ) the holder of the smartcard ticket; ( c ) the existence, or possible existence, of an entitlement to use a bus service or train service; or ( d ) the use of the smartcard ticket. [31/2015] (3) A certificate purporting to be issued by a public transport official who used a smartcard reader to read, copy or transfer information from a smartcard ticket produced to the public transport official for inspection certifying as to the information read, copied or transferred from the smartcard ticket in relation to all or any of the following matters: ( a ) the smartcard ticket number; ( b ) the smartcard ticket type; ( c ) the name of the smartcard ticket holder; ( d ) the use of the smartcard ticket; ( e ) the entitlement to use a bus service or train service, is admissible in evidence in any proceedings relating to an offence under section 54. [31/2015] (4) Subject to subsection (10), if a certificate is issued under subsection (3) in respect of a smartcard ticket, it is presumed for the purposes of any proceedings relating to an offence under section 54 that the smartcard ticket had accurately recorded and discharged the information recorded, copied or transferred from it by the smartcard reader. [31/2015] (5) Subject to subsection (10), if the prosecution, in proceedings relating to an offence under section 54 serves on the accused, by the required time, a copy of a certificate referred to in subsection (3), the certificate is conclusive proof of — ( a ) the facts and matters stated in that certificate; ( b ) the fact that the smartcard reader used was a prescribed device; ( c ) the fact that the smartcard reader was used in the prescribed manner (if any); and ( d ) the fact that the smartcard reader had operated correctly. [31/2015] (6) Subject to subsection (10), if the prosecution in proceedings relating to an offence under section 54 serves on the accused, within the required time, a notice setting out the presumptions set out in subsection (4), the facts that are the subject of the presumptions are to be taken to have been conclusively proved. [31/2015] (7) A certificate purporting to be issued by a person authorised by the Chief Executive certifying that — ( a ) at all relevant times the prescribed devices specified in the certificate had operated correctly and had indicated or determined the facts (if any) stated in the certificate; or ( b ) at all relevant times, the printed documents specified in the certificate had been produced by a prescribed process, is admissible in evidence in any proceedings relating to an offence under section 54. [31/2015] (8) Subject to subsection (10), if the prosecution in proceedings relating to an offence under section 54 serves on the accused, within the required time, a copy of a certificate referred to in subsection (7), the certificate is conclusive proof — ( a ) that the person giving the certificate was authorised to do so; ( b ) in the case of a certificate under subsection (7)( a ), of — (i) the fact that at all relevant times the prescribed devices specified in the certificate had operated correctly; and (ii) the facts (if any) stated in the certificate as indicated or determined by the prescribed devices; and ( c ) in the case of a certificate under subsection (7)( b ), of — (i) the fact that at all relevant times the printed documents specified in the certificate had been produced by a prescribed process; and (ii) the facts indicated or determined by the printed documents. [31/2015] (9) In this section, “required time” means no less than 56 days before the hearing for the relevant offence under section 54. [31/2015] (10) The accused in any proceedings relating to an offence under section 54 may give written notice to the prosecution at least 28 days before the hearing, or any shorter period ordered by the court or agreed to by the prosecution, that — ( a ) the accused requires the person giving a certificate referred to in subsection (3) or (7) to be called as a witness; ( b ) the accused intends to adduce evidence in rebuttal of any fact or matter contained in the certificate; or ( c ) the accused intends to adduce evidence in rebuttal of any fact that is the subject of a presumption set out in subsection (4). [31/2015] (11) To avoid doubt, nothing in this section prevents the prosecution adducing evidence to explain any fact or matter contained in a certificate referred to in this section. [24CB [31/2015]


document_id: ptca-1987
provision_ref: s56
chapter: PART 9 - PUBLIC TRANSPORT OFFICIALS
section: 56
title: Offence of non-payment of ride-hail fare or street-hail fare
content:
56. —(1) A passenger of a taxi commits an offence if — ( a ) the passenger is transported on a journey within or partly within Singapore in the taxi provided in the course of a street‑hail service; and ( b ) the passenger, without reasonable excuse, fails or refuses, at the end of the journey and after a demand by the driver of the taxi, to pay the street‑hail fare for the journey which is collectible under this Act. [20/2019] (2) A passenger of a bookable vehicle commits an offence if — ( a ) the passenger is transported on a journey within or partly within Singapore in the bookable vehicle provided in the course of an on‑demand passenger transport service to which a ride‑hail service relates; and ( b ) the passenger, without reasonable excuse, fails or refuses, at the end of the journey and after a demand by the driver of the bookable vehicle, to pay the ride‑hail fare for the journey which is collectible under this Act. [20/2019] (3) A passenger who is guilty of an offence under subsection (1) or (2) shall be liable on conviction either — ( a ) to a fine not exceeding $1,000; or ( b ) where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [20/2019] (4) 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 provision (called the current offence) has been convicted or found guilty, before the date on which the person is convicted or found guilty of the current offence, of any of the following offences: ( a ) an offence under subsection (1); ( b ) an offence under section 24D as in force before 30 October 2020. [20/2019] (5) A person is a repeat offender in relation to an offence under subsection (2) if the person who is convicted, or found guilty, of an offence under that provision (called the current offence) has been convicted or found guilty, before the date on which the person is convicted or found guilty of the current offence, of any of the following offences: ( a ) an offence under subsection (2); ( b ) an offence under section 24D as in force before 30 October 2020. [24D [20/2019]


document_id: ptca-1987
provision_ref: s57
chapter: PART 9 - PUBLIC TRANSPORT OFFICIALS
section: 57
title: Power to require evidence of identity
content:
57. —(1) Any individual who is required by a public transport official to pay a penalty fee must — ( a ) give his or her name and address and any other proof of identity; and ( b ) furnish any other particulars, that the public transport official may require. [20/2019] (2) Any individual who refuses to furnish any information required of him or her by any public transport official under subsection (1) or wilfully misstates such information shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [24E


document_id: ptca-1987
provision_ref: s58
chapter: PART 9 - PUBLIC TRANSPORT OFFICIALS
section: 58
title: Powers of arrest
content:
58. —(1) A public transport official or police officer may arrest without warrant any individual whom he or she has reason to believe has committed an offence under this Part, if the name and address of the individual are unknown to him or her and — ( a ) the individual declines to give his or her name or address; or ( b ) there is reason to doubt the accuracy of the name or address, if given. (2) An individual arrested under subsection (1) may be detained until his or her name and address are correctly ascertained. (3) An individual arrested under subsection (2) must not be detained longer than is necessary for bringing him or her before a court. [24F


document_id: ptca-1987
provision_ref: s59
chapter: PART 10 - INVESTIGATIONS
section: 59
title: Investigation into affairs of licensee
content:
59. —(1) The Council may appoint one or more inspectors to investigate the affairs of a licensee or such aspects of the affairs of a licensee as are specified in the instrument of appointment. (2) An inspector appointed by the Council may, and if so directed by the Council must, make interim reports to the Council and on the conclusion of the investigation, the inspector must report the inspector’s opinion on or in relation to the affairs that the inspector has been appointed to investigate together with the facts upon which the inspector’s opinion is based to the Council. (3) A copy of the report must be forwarded by the Council to the registered office of the licensee. (4) The Council may, if it is of the opinion that it is necessary in the public interest to do so, cause the report to be printed and published. (5) In this Part — “affairs”, in relation to a licensee, includes — ( a ) the promotion, formation, membership, control, trading, dealings, business and property of the licensee; ( b ) the ownership of shares in, debentures of and interests made available by the licensee; ( c ) the ascertainment of the persons who are or have been financially interested in the success or failure or apparent success or failure of the licensee or are or have been able to control or materially to influence the policy of the licensee; and ( d ) the circumstances under which a person acquired or disposed of or became entitled to acquire or dispose of shares in, debentures of or interests made available by the licensee; “officer or agent”, in relation to a licensee, includes — ( a ) a director, banker, solicitor or an auditor of the licensee; ( b ) a person who at any time — (i) has been a person referred to in paragraph ( a ); or (ii) has been otherwise employed or appointed by the licensee; ( c ) a person who — (i) has in the person’s possession any property of the licensee; (ii) is indebted to the licensee; or (iii) is capable of giving information concerning the promotion, formation, trading, dealings, affairs or property of the licensee; and ( d ) where there are reasonable grounds for suspecting or believing that a person is a person referred to in paragraph ( c ), that person. [24G


document_id: ptca-1987
provision_ref: s60
chapter: PART 10 - INVESTIGATIONS
section: 60
title: Procedure and powers of inspectors
content:
60. —(1) If an inspector appointed to investigate the affairs of a licensee which is a company thinks it necessary for the purposes of the investigation to investigate also the affairs of any other company which is or has at any relevant time been deemed to be or have been related to the licensee by virtue of section 6 of the Companies Act 1967, the inspector has power to do so. (2) The inspector must report to the Council on the affairs of the other company so far as the inspector thinks the results of the investigation of the other company are relevant to the investigation of the affairs of the licensee. (3) The licensee and every officer or agent of the licensee must, if required by an inspector appointed under this Part, produce to the inspector all books and documents in its, his or her custody or power and must give to the inspector all assistance in connection with the investigation which it, he or she is reasonably able to give. (4) An inspector may, by written notice, require the licensee and any officer or agent of the licensee to appear for examination on oath or affirmation (which the inspector is authorised to administer) in relation to the business of the licensee. (5) The notice under subsection (4) may require the production of all books and documents in the custody or under the control of a licensee or any officer or agent of the licensee. (6) An inspector who pursuant to this section requires the production of all books and documents in the custody or power or under the control of an officer or agent of any licensee — ( a ) may take possession of all such books and documents; ( b ) may retain all such books and documents for such time as the inspector considers to be necessary for the purpose of the investigation; and ( c ) must permit the licensee to have access at all reasonable times to all such books and documents so long as they remain in the inspector’s possession. (7) A licensee or any officer or agent of the licensee who fails to comply with a requirement of any notice issued under subsection (4) or fails or refuses to answer any question which is put to it, him or her by an inspector with respect to the affairs of the licensee shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (8) A person who is or has formerly been an officer or agent of a licensee is not entitled to refuse to answer any question which is relevant or material to the investigation on the ground that the person’s answer might tend to incriminate the person. (9) If a person referred to in subsection (8) claims that the answer to any question might incriminate the person and, but for that subsection, the person would have been entitled to refuse to answer the question, the answer to the question must not be used in any subsequent criminal proceedings except in the case of a charge against the person for making a false statement. (10) Subject to subsection (8), a person is entitled to refuse to answer a question on the ground that the answer might tend to incriminate the person. (11) An inspector may cause notes of any examination under this Part to be recorded and reduced to writing, to be read to or by and signed by the person examined. (12) Any such signed notes may, except in the case of any answer which that person would not have been required to give but for subsection (8), thereafter be used in evidence in any legal proceedings against that person. [24H


document_id: ptca-1987
provision_ref: s61
chapter: PART 10 - INVESTIGATIONS
section: 61
title: Report of inspector to be admissible in evidence
content:
61. A copy of the report of any inspector appointed under this Part certified as correct by the Council is admissible in any legal proceedings as evidence of the opinion of the inspector and of the facts upon which the inspector’s opinion is based in relation to any matter contained in the report. [24I


document_id: ptca-1987
provision_ref: s62
chapter: PART 10 - INVESTIGATIONS
section: 62
title: Costs of investigations
content:
62. The expenses of and incidental to an investigation by an inspector appointed under this Part must be paid out of the funds of the Council. [24J


document_id: ptca-1987
provision_ref: s63
chapter: PART 10 - INVESTIGATIONS
section: 63
title: Penalty for delaying or obstructing investigation
content:
63. —(1) Any person who with intent to defeat the purposes of this Part, or to delay or obstruct the carrying out of an investigation under this Part — ( a ) destroys, conceals or alters any book, document or record of or relating to a licensee; or ( b ) sends or attempts to send or conspires with any other person to send out of Singapore any such book, document or record or any property of any description belonging to or in the disposition or under the control of a licensee, 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 2 years or to both. (2) If in any prosecution for an offence under subsection (1) it is proved that the person charged with the offence — ( a ) has destroyed, concealed or altered any book, document or record of or relating to the licensee; or ( b ) has sent or attempted to send or conspired to send out of Singapore any book, document or record or any property of any description belonging to or in the disposition or under the control of the licensee, the onus of proving that in so doing the person had not acted with intent to defeat the purposes of this Part, or to delay or obstruct the carrying out of an investigation under this Part lies on the person. [24K


document_id: ptca-1987
provision_ref: s64
chapter: PART 11 - MISCELLANEOUS PROVISIONS
section: 64
title: Penalty for unauthorised ticket payment service
content:
64. Any person who contravenes section 28(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 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. [25A [30/2015]


document_id: ptca-1987
provision_ref: s65
chapter: PART 11 - MISCELLANEOUS PROVISIONS
section: 65
title: Offences by bodies corporate, etc.
content:
65. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any 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. (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 the member’s functions of management as if the member were a director of the body corporate. (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. (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 a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership; “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 such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) Regulations may provide for the application of any provision of this section, with such modifications as the Council considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [25B


document_id: ptca-1987
provision_ref: s66
chapter: PART 11 - MISCELLANEOUS PROVISIONS
section: 66
title: Jurisdiction of court
content:
66. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence. [25C


document_id: ptca-1987
provision_ref: s67
chapter: PART 11 - MISCELLANEOUS PROVISIONS
section: 67
title: Composition of offences
content:
67. —(1) The Council, or any officer of the Council or the LTA authorised by the Council, may compound any offence under this Act or any regulations made under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $500. [31/2015] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [31/2015] (3) All sums collected under this section must be paid into the Consolidated Fund. [26 [31/2015]


document_id: ptca-1987
provision_ref: s68
chapter: PART 11 - MISCELLANEOUS PROVISIONS
section: 68
title: Recovery of sums payable
content:
68. —(1) Where any fee, contribution, financial penalty or other sum payable under this Act remains due and unpaid by a licensee, the Council may require the licensee to pay interest thereon at the prescribed rate, and any such fee, contribution, financial penalty or other sum, and any interest thereon, may be recovered by the Council in any court of competent jurisdiction as if they were simple contract debts. (2) The licensee’s liability to pay is not affected by the licensee’s licence ceasing (for any reason) to be in force. [26A


document_id: ptca-1987
provision_ref: s69
chapter: PART 11 - MISCELLANEOUS PROVISIONS
section: 69
title: Moneys recovered or collected by Council
content:
69. —(1) All moneys recovered, and fees, charges, security deposits and performance bonds collected under this Act, other than licence fees and financial penalties, must be paid into and form part of the moneys of the Council. [31/2015] (2) All licence fees and financial penalties collected under this Act must be paid into the Consolidated Fund. [26B


document_id: ptca-1987
provision_ref: s70
chapter: PART 11 - MISCELLANEOUS PROVISIONS
section: 70
title: Exemption
content:
70. The Council may by order in the Gazette and subject to such conditions as it may impose, exempt any person or class of persons from all or any of the provisions of this Act or any regulations made under this Act. [27


document_id: ptca-1987
provision_ref: s71
chapter: PART 11 - MISCELLANEOUS PROVISIONS
section: 71
title: Service of documents
content:
71. —(1) Any notice, order or document required or authorised by this Act or any regulations made under this Act to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act or the regulations may be served on the person — ( a ) by delivering it to the person or to some adult member or employee of the person’s family or household at the person’s last known place of residence; ( b ) by leaving it at the person’s usual or last known place of residence or place of business in an envelope addressed to the person; ( c ) by sending it by registered post addressed to the person at the person’s usual or last known place of residence or place of business; or ( d ) in the case of an incorporated company, a partnership or a body of persons — (i) by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or (ii) by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business. (2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, document or summons (as the case may be) would in the ordinary course of post be delivered and, in proving service of the notice, order, document or summons, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post. [27A


document_id: ptca-1987
provision_ref: s72
chapter: PART 11 - MISCELLANEOUS PROVISIONS
section: 72
title: Amendment of Schedule
content:
72. —(1) The Minister may at any time, by order in the Gazette , amend the Third Schedule. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient. [27B


document_id: ptca-1987
provision_ref: s73
chapter: PART 11 - MISCELLANEOUS PROVISIONS
section: 73
title: Regulations
content:
73. —(1) The Council may, with the approval of the Minister, make regulations for, or in respect of, every purpose which is considered by the Council necessary or expedient for carrying out the provisions of this Act. (2) Without limiting subsection (1), the Council may make regulations for all or any of the following purposes: ( a ) to prescribe the manner and form in which applications for ticket payment service licences are to be made, the documents to be submitted in support of such applications and the form of such licences; ( b ) to prescribe a scale of fees for and ticket payment service licences; ( c ) to prescribe the manner and form in which applications for the approval of bus fares or train fares, or a pricing policy for bus services or train services, are to be made and the documents to be submitted in support of such applications; ( d ) to prescribe the date and manner by which any contribution is payable under section 50 to the Public Transport Fund, the penalties for the late payment of any such contribution and to impose interest for late payment of any such contribution or penalty; ( e ) to require returns to be made by persons by whom contributions under section 50 are payable, and the conditions relating to the making of such returns; ( f ) to regulate the procedure of the Council, to the extent not inconsistent with the Public Sector (Governance) Act 2018; ( g ) to prescribe the powers and duties of the officers and employees of the Council; ( h ) to control and regulate the conduct of the officers and employees of the Council; ( i ) to prescribe the offences under this Act that may be compounded under section 67; ( j ) to prescribe devices for the purposes of section 55 and the manner of using (including testing) those devices; ( k ) to prescribe the processes for loading information onto a prescribed device or a prescribed computer system, copying or transferring information between prescribed devices or between a prescribed device and a prescribed computer system, storing of information by a prescribed device or prescribed computer system and producing a printed record of information stored by a prescribed device or prescribed computer system; ( l ) to prescribe anything that is required to be prescribed under this Act. [30/2015; 31/2015; 5/2018] (3) The Council may, in making any regulations, provide that any contravention of, or failure or neglect to comply with, any regulation shall be an offence and may prescribe a fine with which such offence shall be punishable but so that no such fine shall exceed for any one offence the sum of $5,000. [28


document_id: pua-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “AMI meter” or “Advanced Metering Infrastructure meter” means — ( a ) a meter that can transmit information to the Board by means of telecommunications; and ( b ) a meter, and a device which is associated with or ancillary to that meter and which — (i) is capable of converting mechanical readings to digital data, where applicable; and (ii) enables information to be transmitted to the Board, or received by the meter, by means of telecommunications; “apparatus” means any water apparatus, equipment or accessory and includes all apparatus, devices and fittings in which pipes are used or of which they form a part; “approved person” means a person given written approval under section 41 to supply piped water suitable for drinking; “authorised officer” means an officer or employee of the Board, or an officer of any other statutory authority, authorised by the Board; “Board” means the Public Utilities Board reconstituted under the Public Utilities Act (Cap. 261, 1996 Revised Edition) in force before 1 April 2001 and continued by section 3; “Chairperson” means the Chairperson of the Board and includes any temporary Chairperson of the Board; “Chief Executive” means the Chief Executive of the Board, and includes any individual acting in that capacity; “Coastal and Flood Protection Fund” means the fund of that name established under section 18; “coastal hazard” means any of the following: ( a ) beach or foreshore erosion; ( b ) coastal slope instability; ( c ) coastal inundation; ( d ) tidal inundation; ( e ) erosion and inundation of the coastal zone caused by tidal waters and the action of waves, including the interaction of those waters with catchment floodwaters; “coastal management” includes the protection, conservation, rehabilitation and management of the coastal zone to mitigate current and future risks from coastal hazards, taking into account the effects of climate change; “coastal zone” means any of the following in Singapore: ( a ) littoral beaches, foreshores, tidal wetlands, estuaries, coastal swamps, mangrove areas, littoral forests or minor coastal streams, whether or not of a saline, freshwater or brackish nature; ( b ) all other areas at risk of being affected by coastal hazards, taking into account the effects of climate change; “connecting pipe” means a pipe from a water main to the meter position; “consumer” means a person who is supplied with water or whose premises are for the time being connected for the purpose of a supply of water with any system of supply; “Deputy Chairperson” means the Deputy Chairperson of the Board and includes any temporary Deputy Chairperson of the Board; “discharge pipe” means a pipe that enables any sewage or sullage water to be conveyed from a sanitary appliance or floor trap to a drain-line; “drain-line” has the meaning given by section 2(1) of the Sewerage and Drainage Act 1999; [Act 38 of 2024 wef 01/03/2025] “extract”, in relation to water, means to take or intercept water from any place or sea, within the territorial limits of Singapore, using works constructed under an approval of the Board under section 31 of the Sewerage and Drainage Act 1999; [Act 27 of 2023 wef 01/01/2024] “extracted water” means water that has been extracted; [Act 27 of 2023 wef 01/01/2024] “foreshore” means the land lying between the high‑water mark and low‑water mark of the sea as is ordinarily covered and uncovered by the flow and ebb of the tide at spring tides; “installation” includes any plant or apparatus designed for the collection, conveyance, production, supply or use of water; “licensed plumber” means an individual who holds a plumber’s licence; “limited WSI design works” means the designing of any water service installation that is to be installed downstream of a meter, where the water service installation being designed does not include any pumping equipment or storage tank; “main” means a pipe through which water is or can be supplied or conveyed, whether the pipe is in use or not; “master meter” means a meter registering water, all or part of which is subsequently registered by one or more sub-meters; “member” means any member of the Board; “meter” — ( a ) means any appliance or device to measure, ascertain or regulate the amount of water taken from a supply or conveyance of water to any place; and ( b ) includes an AMI meter; “occupier” means the person in occupation of any premises and includes the person having the charge, management or control of the premises either on the person’s own account or as agent of another person, but does not include a lodger; “plumber’s licence” means a licence granted under section 40J; “premises” includes buildings, structures, streets, lands, waters, tenements, easements of any tenure, whether State land or not, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority; “professional engineer” means an individual who is registered as a professional engineer under the Professional Engineers Act 1991 and has in force a practising certificate issued under that Act; “regulated works” means any sanitary works, limited WSI design works or WSI works, but does not include any of such works as the Minister may, after consulting the Board, prescribe by order in the Gazette ; “sanitary appliances” and “sanitary facilities” have the meanings given by section 2(1) of the Sewerage and Drainage Act 1999; [Act 38 of 2024 wef 01/03/2025] “sanitary works” means — ( a ) constructing, altering, repairing, replacing, discontinuing or closing up any discharge pipe, ventilating pipe, drain-line, fitting, floor trap, inspection chamber, grease trap, pump or any other appurtenance related to the conveyance of sewage or sullage water from any sanitary appliance or sanitary facility to a sewerage system; and ( b ) installing, fixing, altering, repairing or removing a sanitary appliance or sanitary facility, and any other connected works; “sewage” has the meaning given by section 2(1) of the Sewerage and Drainage Act 1999; [Act 38 of 2024 wef 01/03/2025] “sewerage system” has the meaning given by section 2(1) of the Sewerage and Drainage Act 1999 (as may be modified pursuant to section 2(2) of that Act); [Act 38 of 2024 wef 01/03/2025] “storage tank” means any tank or storage cistern that has a free water surface under atmospheric pressure, but does not include — ( a ) a flushing cistern; or ( b ) a drinking-trough or drinking-bowl for animals (including poultry); “street” includes — ( a ) any road, highway, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way; ( b ) the way over any public bridge; ( c ) any road, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way over it or not; and ( d ) all channels, sewers, drains, tunnels, ditches and reserves at the side of a street; “telecommunications” has the meaning given by section 2 of the Telecommunications Act 1999; “ventilating pipe” means a pipe provided to limit the pressure fluctuations in any discharge pipe; “vessel” means — ( a ) a ship, boat, an air-cushioned vehicle or any other similar craft used in any reservoir or waterway, however moved or propelled; or ( b ) a barge, lighter, rig, platform or any other floating structure, that may or may not be moved or propelled; “water fitting” means — ( a ) any pipe that is not a water main; ( b ) any pipe fitting, tap, cock, valve or ferrule; ( c ) any meter; or ( d ) any flushing cistern, and any other similar apparatus used in connection with the supply or conveyance, and use, of water; “water installation” means any water-retaining structure, chamber, pumping station, pipe, water fitting, apparatus or appliance used for the supply or conveyance of water; [Act 38 of 2024 wef 01/03/2025] “water main” means any pipe used or to be used for the conveyance of water, other than a connecting pipe; “water service installation” — ( a ) in relation to water supplied by the Board, means any installation within any premises including any pipe, water fitting, apparatus or appliance, connecting a meter to the premises and used for the supply of the Board’s water to the premises, but does not include any installation for the disposal of any waste, sullage water or sewage; and ( b ) in relation to water supplied by an approved person, means — (i) any installation within any premises including any pipe, water fitting, apparatus or appliance used for the supply of the approved person’s water to the premises; or (ii) if a meter is provided, any installation within any premises including any pipe, water fitting, apparatus or appliance, connecting the meter to the premises and used for the supply of the approved person’s water to the premises, but does not include any installation for the disposal of any waste, sullage water or sewage, or any installation or water installation of the Board; “water suitable for drinking” means — ( a ) potable water; and ( b ) any water held out by a person who supplies it as potable water, but does not include any water intended for consumption solely by animals; “waterway” means a navigable river, conduit or drain; “WSI design works” means the designing of any water service installation that is to be installed downstream of a meter, and includes any limited WSI design works; “WSI works” means any works on any water service installation including constructing, erecting, installing, maintaining, altering, repairing or replacing the water service installation. [9/2012; 5/2018; 11/2018; 13/2020; 4/2021]


document_id: pua-2001
provision_ref: s3
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 3
title: Reconstitution of Board
content:
3. As from 1 April 2001, the Board continues in existence and continues to be a body corporate with perpetual succession and capable of — ( a ) suing and being sued in its corporate name; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering any other acts or things that bodies corporate may lawfully do and suffer.


document_id: pua-2001
provision_ref: s4
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 4
title: Common seal
content:
4. —(1) As from 1 April 2001, the Board continues to have a common seal and the seal may be broken, altered or made anew as the Board thinks fit. (2) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Board affixed to any document and presume that it was duly affixed.


document_id: pua-2001
provision_ref: s5
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 5
title: Constitution of Board
content:
5. —(1) The Board consists of the following members: ( a ) a Chairperson; ( b ) such other members, not being less than 5 or more than 13, as the Minister may determine. [Act 31 of 2022 wef 01/11/2022] (2) The First Schedule has effect as respects the Board, its members and proceedings.


document_id: pua-2001
provision_ref: s6
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 6
title: Functions and duties of Board
content:
6. —(1) Subject to the provisions of this Act, it is the function and duty of the Board to — ( a ) provide, construct and maintain such catchment areas, reservoirs and other works as may be required or necessary for the collection, supply and use of water for public and private purposes; ( b ) manage and work the water installations of the Board and any other installations that may be acquired by the Board under the provisions of this Act; ( c ) secure and provide an adequate supply of water at reasonable prices; ( d ) regulate the supply of piped water suitable for drinking; ( da ) collect and treat used water; ( e ) promote water conservation; ( ea ) manage and administer the Coastal and Flood Protection Fund in accordance with this Act subject to the directions of the Minister; ( eb ) carry out coastal management; ( ec ) ensure coordination of the policies and activities of the Government and other public authorities relating to the coastal zone so as to facilitate decisions about land use and support or restrict development and activities in Singapore so as to safeguard against coastal hazards, taking into account the effects of climate change; ( ed ) support public participation in coastal management and greater public awareness, education and understanding of coastal management activities; ( f ) act as an agent of the Government in the construction, management and maintenance of all or any part of any of the following which belongs to the Government: (i) public sewerage systems; (ii) public sewers; (iii) stormwater drainage systems, drains and drainage reserves; (iv) any boat transfer facility or barrage in or connecting to any reservoir; (v) any structure or installation designed to stop, reduce or mitigate the impact or risk of coastal hazards on the coastal zone, including (but not limited to) a seawall, revetment, groyne, weir or dyke, and drains or other channels for the interaction of tidal waters with catchment floodwaters; ( fa ) act as an agent of the Government in the restoration, planting or conservation of any mangroves, littoral forest or other vegetation that is necessary or expedient for coastal management on unalienated State land within the coastal zone; ( g ) regulate the construction, maintenance, improvement, operation and use of sewerage and land drainage systems and coastal protection systems; ( h ) regulate the discharge of sewage and trade effluent; ( i ) advise the Government on all matters — (i) relating to the collection, production and supply of water; (ii) relating to sewerage, drainage and coastal management; and (iii) appertaining to the Board generally; ( j ) whether by itself or in association with any other person or organisation, provide to any person in Singapore or elsewhere consultancy, advisory, technical, managerial or other specialist services relating to sewerage, drainage, coastal management, or the collection, production and supply of water; ( ja ) regulate and manage activities in and around reservoirs, catchment areas and waterways maintained by the Board; [Act 36 of 2018 wef 01/01/2024] ( jb ) cooperate with the Transport Safety Investigation Bureau of Singapore in relation to investigations under the Transport Safety Investigations Act 2018; and [Act 36 of 2018 wef 01/01/2024] ( k ) carry out any other functions imposed upon the Board by or under this Act or any other written law. [9/2012; 11/2018; 13/2020] (2) In addition to the functions and duties imposed by this section, the Board may undertake any other functions that the Minister may assign to the Board, by notification in the Gazette , and, in so doing — ( a ) the Board is deemed to be fulfilling the purposes of this Act; and ( b ) the provisions of this Act apply to the Board in respect of those functions. [13/2020] (3) Nothing in this section imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject. [13/2020] (4) In this section, “public sewerage system”, “public sewers”, “stormwater drainage system”, “drain” and “drainage reserve” have the meanings given by the Sewerage and Drainage Act 1999.


document_id: pua-2001
provision_ref: s7
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 7
title: Powers of Board
content:
7. —(1) Subject to the provisions of this Act, the Board may carry on any activities that appear to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act or other written law and, in particular, the Board may exercise any of the powers specified in the Second Schedule. (2) This section does not limit any power of the Board conferred by or under any written law. (3) The Board must provide the Minister with information with respect to its property and activities in the manner and at the times that the Minister may require.


document_id: pua-2001
provision_ref: s7A
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 7A
title: Considerations by Board in carrying out functions and duties and exercising powers
content:
7A. The Board may — ( a ) in carrying out any function or duty or exercising any power under this Act, have regard to any matter that is necessary for or which facilitates the carrying out of any function or duty or the exercising of any power of the Board under the Sewerage and Drainage Act 1999; and ( b ) in carrying out any function or duty or exercising any power under the Sewerage and Drainage Act 1999, have regard to any matter that is necessary for or which facilitates the carrying out of any function or duty or the exercising of any power of the Board under this Act. [Act 27 of 2023 wef 01/01/2024]


document_id: pua-2001
provision_ref: s8
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 8
title: Directions by Minister
content:
8. —(1) The Minister may, after consultation with the Board, give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) In addition to the power mentioned in subsection (1), if it appears to the Minister to be requisite or expedient to do so — ( a ) on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or ( b ) in order — (i) to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement; (ii) to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of such an organisation or a party to such an agreement; or (iii) to enable the Government to become a member of such an organisation or a party to such an agreement, the Minister may, after consultation with the Board, give such directions to the Board as are necessary in the circumstances of the case. [5/2018] (3) The Board must give effect to any direction given to it under subsection (1) or (2) despite any other duty imposed on the Board by or under this Act or other written law. (4) The Board must not disclose any direction given to it under subsection (1) or (2) if the Minister notifies the Board that the Minister is of the opinion that the disclosure of the direction is against the public interest. (5) If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister is conclusive evidence of the matters stated in the certificate.


document_id: pua-2001
provision_ref: s9
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 9
title: Furnishing of documents and information to Board
content:
9. —(1) The Board or any person authorised by the Board may by notice require any other person to furnish to the Board or the person so authorised, within the period specified in the notice, all such documents or information relating to all such matters as may be required by the Board for the purposes of this Act and as are within the knowledge of that other person or in that other person’s custody or under that other person’s control. (2) Any person who, on being required by notice under subsection (1) to furnish any document or information, fails to comply with any requirement of the notice shall be guilty of an offence. (3) Any person who — ( a ) intentionally alters, suppresses or destroys any document which the person has been required by any notice under subsection (1) to furnish; or ( b ) in furnishing any estimate, return or other information required of the person under any notice under subsection (1), makes any statement which the person knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence.


document_id: pua-2001
provision_ref: s10
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 10
title: Chief Executive, officers and employees, etc.
content:
10. —(1) There must be a Chief Executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, any other officers, employees, consultants and agents that may be necessary for the effective performance of its functions. [5/2018] 11. [ Repealed by Act 5 of 2018 ]


document_id: pua-2001
provision_ref: s12
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 12
title: Protection from personal liability
content:
12. No liability shall lie personally against any member, officer or employee of the Board or other person acting under the direction of the Board who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. [11/2018]


document_id: pua-2001
provision_ref: s13
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 13
title: Power to borrow
content:
13. —(1) For the discharge of its functions or duties under this Act or any other written law, the Board may raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from such source as the Minister may direct by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Board or on any other revenue receivable by the Board under this Act or any other written law; or ( c ) the creation and issue of bonds or any other instrument as the Minister may approve. [39/2004] (2) For the purposes of this section, the power to raise loans includes the power to make any financial agreement by which credit facilities are granted to the Board for the purchase of goods, materials or things. [39/2004]


document_id: pua-2001
provision_ref: s13A
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 13A
title: Issue of shares, etc.
content:
13A. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Board under this Act; or ( b ) any capital injection or other investment by the Government in the Board in accordance with any other written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: pua-2001
provision_ref: s14
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 14
title: Duty of Board in financial matters
content:
14. It is the duty of the Board to exercise and perform its functions under this Act so as to secure that the total revenues of the Board are sufficient, taking one financial year with another, to meet its total outgoings properly chargeable to revenue account, including depreciation and interest on capital and to meet a reasonable proportion of the cost of the development of the services of the Board.


document_id: pua-2001
provision_ref: s15
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 15
title: Annual estimates
content:
15. A summary of the annual estimates and supplementary estimates adopted by the Board must be published in the Gazette .


document_id: pua-2001
provision_ref: s16
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 16
title: Power of investment
content:
16. The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.


document_id: pua-2001
provision_ref: s18
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 18
title: Coastal and Flood Protection Fund
content:
18. —(1) The Coastal and Flood Protection Fund is established consisting of — ( a ) all moneys from time to time appropriated from the Consolidated Fund or Development Fund and authorised to be paid into the Coastal and Flood Protection Fund by Supply law; ( b ) all moneys authorised by or under any other written law to be paid into the Coastal and Flood Protection Fund; ( c ) any gifts or donations made by any person for the purposes of the Coastal and Flood Protection Fund; and ( d ) all investments out of moneys in the Coastal and Flood Protection Fund authorised to be made by this Act and the proceeds of any such investment, including the net income from such investments. [13/2020] (2) On 1 April 2020, the Government must pay into the Coastal and Flood Protection Fund such sum as the Minister for Finance may determine out of moneys to be provided by Parliament for the Coastal and Flood Protection Fund. [13/2020] (3) For the purposes of subsection (1)( d ), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Coastal and Flood Protection Fund, any gain derived or loss sustained, realised or unrealised (as the case may be) from those investments. [13/2020] (4) Upon the dissolution of the Coastal and Flood Protection Fund during any term of office of the Government (within the meaning of the Constitution), the balance then remaining in that Fund must be transferred to the Consolidated Fund and added to the reserves of the Government not accumulated by it during that term of office. [13/2020]


document_id: pua-2001
provision_ref: s18A
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 18A
title: Purposes of Coastal and Flood Protection Fund
content:
18A. —(1) The moneys in the Coastal and Flood Protection Fund may be withdrawn by the Board only for the following purposes: ( a ) for the Board to carry on any coastal management activity consisting of — (i) the construction, improvement or extension, or any demolition and replacement, of any structure or installation within the coastal zone — (A) to stop or reduce the impact of coastal hazards on land adjacent to tidal waters, including (but not limited to) a seawall, revetment, groyne, weir or dyke, and drains or other channels for the interaction of tidal waters with catchment floodwaters; or (B) to mitigate current and future risks from coastal hazards, taking into account the effects of climate change; or (ii) the restoration or planting within the coastal zone of mangroves, littoral forest or other vegetation that is necessary or expedient for coastal management; ( b ) for the Board to carry on any construction, improvement or extension, or any demolition and replacement, of any structure or installation that is part of the stormwater drainage systems, drains and drainage reserves within the meaning of the Sewerage and Drainage Act 1999; ( c ) for the acquisition by the Board of capital machinery or equipment required for or in connection with — (i) the start of operations of any structure or installation the construction, improvement or extension, or demolition and replacement, of which (as the case may be) was paid for with money from the Coastal and Flood Protection Fund; or (ii) the operations of any structure or installation that is part of the stormwater drainage systems, drains and drainage reserves within the meaning of the Sewerage and Drainage Act 1999, the construction, improvement or extension, or demolition and replacement, of which was completed before, on or after 1 April 2020; ( d ) for the Board to carry on any associated design, investigative and engineering studies or survey preparatory to the undertaking of any activity, work or acquisition mentioned in paragraph ( a ), ( b ) or ( c ); ( e ) to pay any of the following which is incurred or payable (as the case may be) for the purposes of any activity or work in paragraph ( a ) or ( b ): (i) the costs incurred by the Collector of Land Revenue in the acquisition of any land under the Land Acquisition Act 1966; (ii) the compensation payable for the acquisition of any land under the Land Acquisition Act 1966; ( f ) to pay insurance premiums on capital equipment or other investments acquired, and land (including structures and installations) acquired and constructed, replaced, improved or extended using moneys of the Coastal and Flood Protection Fund; ( g ) for the Board to undertake (solely or in collaboration with other persons) scientific, engineering or other studies to develop plans or strategies to improve the resilience of the coastal zone to the impact of an uncertain climate future, including the impact of extreme weather events; ( h ) to pay all amounts relating to the sale, disposal or write-off of any investments paid for with money from the Coastal and Flood Protection Fund; ( i ) to invest in accordance with section 16; ( j ) to pay any expenses properly attributable to the setting up of the Coastal and Flood Protection Fund and the administration, management and investment of moneys in that Fund. [13/2020] (2) However, no investment paid for with money from the Coastal and Flood Protection Fund may be written-off by the Board without the prior approval of the Minister. [13/2020] (3) To avoid doubt, no money may be withdrawn from the Coastal and Flood Protection Fund for the purposes of land reclamation by or on behalf of the Government. [13/2020]


document_id: pua-2001
provision_ref: s19
chapter: PART 2 - RECONSTITUTION, FUNCTIONS,
section: 19
title: Symbol or representation of Board
content:
19. —(1) The Board has the exclusive right to the use of any symbol or representation that the Board may select or devise and to display or exhibit that symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation identical with that of the Board, or which so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence.


document_id: pua-2001
provision_ref: s20
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 20
title: Tariffs for supply of water and apparatus, etc., payable to Board
content:
20. —(1) The prices to be charged for the supply of water by the Board and the hire of apparatus must be in accordance with such tariffs as may be prescribed. [9/2012] (2) Subject to section 14, for the purpose of determining the price to be charged for the supply of water by it, the Board may take into consideration all costs incurred in enabling it to supply the water, including (but not limited to) the following: ( a ) the collection of water from any source, whether water from any natural source, used water (including sewage, waste matter and effluent) or otherwise; ( b ) the purchase of water from any source; ( c ) the storage of water; ( d ) the treatment of water to the standards necessary for the use for which the water is required; ( e ) the supply of water to any premises; ( f ) the maintenance of any system employed in the collection, storage, treatment or supply of water; ( g ) ensuring the quality, safety and security of the water supply. [9/2012] (3) In determining the price to be charged for the supply of water by the Board, subsection (2) does not permit the Board to take into consideration — ( a ) the costs in connection with any activity referred to in that subsection if an amount of tax is payable in relation to that same activity under subsection (7) (whether by the same person paying the price or otherwise); or ( b ) any costs borne by the Government or by the Board on behalf of the Government. [9/2012] (4) For the purposes of subsection (1), the Board may prescribe different prices for persons differently situated, including different prices for different volumes of water supplied. [9/2012] (5) Nothing in this section prevents the Board from — ( a ) charging other prices by special agreement which need not be prescribed; or ( b ) fixing, with the approval of the Minister, different tariffs for consumers similarly situated for a temporary period. (6) The Board must, in fixing tariffs and making agreements for the supply of water, neither show undue preference as between consumers similarly situated nor exercise undue discrimination as between persons similarly situated, having regard to the place and time of supply, the quantity supplied, and the purpose for which the supply is taken. (7) A waterborne tax must be paid to the Board for the discharge of the Board’s functions in relation to used water (including sewage, waste matter and effluent) and sewerage in accordance with an order under subsection (7A) (read with subsection (8)). [9/2012] [Act 27 of 2023 wef 01/01/2024] (7A) The Minister may, by order in the Gazette , prescribe — ( a ) the types or descriptions of premises in connection with which the waterborne tax is payable; ( b ) the amount of the waterborne tax; and ( c ) the time of payment of the waterborne tax. [Act 27 of 2023 wef 01/01/2024] (8) The waterborne tax is payable by — ( a ) an occupier of premises in connection with which the waterborne tax is payable (including the Government); or [Act 27 of 2023 wef 01/01/2024] ( b ) where the premises are vacant, the owner of the premises (including the Government). [9/2012] (9) In determining the amount of the waterborne tax payable by any person, the Minister may base the calculation of the tax on all or any of the following: ( a ) the number of sanitary appliances which are installed in the premises; ( b ) the volume of water supplied to the premises (whether or not by the Board); [Act 27 of 2023 wef 01/01/2024] ( ba ) where an occupier of the premises extracts water — (i) the volume of extracted water or water derived from the extracted water that is used by the occupier (whether or not at the premises at which the water is extracted); and (ii) the volume of extracted water or water derived from the extracted water that is supplied by the occupier to any other person; [Act 27 of 2023 wef 01/01/2024] ( c ) any estimate of the volume of used water (including sewage, waste matter and effluent) disposed of. [9/2012; 11/2018] (9A) Where the calculation of the waterborne tax is based on the volume of water under subsection (9)( b ), ( ba ) or ( c ), the Minister may, in the order under subsection (7A), further prescribe for any volume to be excluded from the volume under subsection (9)( b ), ( ba ) or ( c ) (as the case may be) in calculating the waterborne tax payable, in the circumstances prescribed in the order. [Act 27 of 2023 wef 01/01/2024] (10) For the purposes of subsection (7), the Minister may, in the order under subsection (7A), prescribe different amounts of waterborne tax for persons differently situated, including different amounts of waterborne tax for — ( a ) different volumes of water supplied (whether or not supplied by the Board); ( b ) different volumes of extracted water or water derived from extracted water used or supplied; ( c ) different circumstances of use or supply of different types or descriptions of water; and ( d ) estimates of different volumes of used water (including sewage, waste matter and effluent) disposed of. [Act 27 of 2023 wef 01/01/2024] (11) The waterborne tax collected under this section must be paid into the funds of the Board. [9/2012] (12) Without affecting section 25, any waterborne tax payable under this section may be recovered by the Board as a debt due to the Board. [9/2012] [Act 27 of 2023 wef 01/01/2024] (13) The Board may, with the Minister’s approval, grant any amount of rebate on, or waive the payment of any amount of — ( a ) any price charged by the Board under subsection (1) to any person or class of persons; or ( b ) any waterborne tax payable under subsection (7) by any person or class of persons, as the Board may determine. [Act 27 of 2023 wef 01/01/2024] (14) To avoid doubt, a rebate or waiver under subsection (13) need not be published in the Gazette . [Act 27 of 2023 wef 01/01/2024] (15) Any order made under subsection (7A) must be presented to Parliament as soon as possible after publication in the Gazette . [Act 27 of 2023 wef 01/01/2024]


document_id: pua-2001
provision_ref: s20A
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 20A
title: Water conservation tax for supply of water
content:
20A. —(1) A water conservation tax must be paid to the Board in connection with a supply of water (whether or not by the Board) in accordance with an order under subsection (2). (2) The Minister may, by order in the Gazette , prescribe — ( a ) the types or descriptions of water supplied, or the circumstances of the supply of any type or description of water, in connection with which the water conservation tax is payable; ( b ) the amount of the water conservation tax; ( c ) the time of payment of the water conservation tax; and ( d ) the person who must pay the water conservation tax. (3) Where the calculation of the water conservation tax is based on a volume of water for the purposes of subsection (2)( b ), the Minister may, in the order under subsection (2), further prescribe for any volume to be excluded from the volume for the purposes of subsection (2)( b ) in calculating the water conservation tax payable, in the circumstances prescribed in the order. (4) For the purposes of subsection (1), the Minister may, in the order under subsection (2), prescribe different amounts of water conservation tax for persons differently situated, including different amounts of water conservation tax for — ( a ) different volumes of water supplied; ( b ) different types or descriptions of water supplied; and ( c ) different circumstances of supply of different types or descriptions of water. (5) Without affecting section 25, any water conservation tax payable under this section may be recovered by the Board as a debt due to the Board. (6) The water conservation tax collected by the Board under this section must be paid into the Consolidated Fund. (7) The Board may, with the Minister’s approval, grant any amount of rebate on, or waive the payment of any amount of, any water conservation tax payable under this section by any person or class of persons, as the Board may determine. (8) To avoid doubt, a rebate or waiver under subsection (7) need not be published in the Gazette . (9) Any order made under subsection (2) must be presented to Parliament as soon as possible after publication in the Gazette . [Act 27 of 2023 wef 01/04/2024]


document_id: pua-2001
provision_ref: s21
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 21
title: Board may supply water
content:
21. —(1) Subject to the provisions of this Act, the Board may supply water to any person who undertakes to enter into an agreement with the Board for the supply on such terms and conditions as the Board may determine. [9/2012] (2) The Board may require any person who requires a supply of water to accept in respect of the supply — ( a ) any condition requiring the person to provide sufficient premises, and to construct rooms, buildings or structures, as may be considered necessary by the Board for the purposes of the supply; and ( b ) any condition giving the Board the right to use the premises, rooms, buildings or structures provided or constructed under paragraph ( a ) as the Board thinks fit. [9/2012] (3) The Board may refuse to give, or may discontinue, a supply of water to any premises which — ( a ) has been erected in contravention of any written law; ( b ) is in a ruinous or dangerous condition; or ( c ) has a water service installation that is in an unsatisfactory condition. [9/2012] (4) Without affecting subsection (3), the Board may — ( a ) refuse to enter into an agreement for the supply; or ( b ) enter into an agreement for a reduced supply, of water that is not for human consumption to any premises, where the Board is of the opinion that it is impracticable or uneconomical to supply the water to those premises. [9/2012] (5) The Board shall not be liable for any loss or damage caused to any person by — ( a ) any refusal or discontinuance of the supply of water under subsection (3); or ( b ) any refusal to enter into an agreement for the supply of water, or entering into an agreement for a reduced supply of water, under subsection (4). [9/2012]


document_id: pua-2001
provision_ref: s22
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 22
title: Board may require security
content:
22. —(1) Subject to this section, the Board may require any person who requires a supply of water to give the Board reasonable security for the payment to it of all moneys which may become due to the Board — ( a ) in respect of the supply; or ( b ) in respect of the provision of any water installation. (2) If that person fails to give the security, the Board may, if it thinks fit, refuse to give the supply or to provide any water installation for so long as the failure continues. (3) Where any person has not given the security mentioned in subsection (1), or the security given by any person has become invalid or insufficient — ( a ) the Board may by notice require that person, within 7 days after the service of the notice, to give the Board reasonable security for the payment of all moneys which may become due to the Board in respect of the supply; and ( b ) if that person fails to give the security, the Board may if it thinks fit discontinue the supply for so long as the failure continues. (4) The Board shall not be liable for any loss or damage caused to any person by the discontinuance of the supply of water to the person under subsection (3).


document_id: pua-2001
provision_ref: s23
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 23
title: Board may cut off supply of water in default of payment
content:
23. —(1) If any person entitled to a supply of water under any agreement under section 21 makes default in payment of any sum payable by the person under the agreement, the Board may discontinue the supply of water by severing or disconnecting any pipe (whether or not belonging to or under the control or management of the Board) or other work through which water is supplied and may, until any sum payable under the agreement together with the expenses incurred by the Board in so discontinuing the supply are fully paid, discontinue the supply of water to that person. (2) If, in the opinion of the Board, any person is responsible for the misuse or waste of any water supplied by the Board, the Board may give written notice to that person calling upon that person to cause the misuse or waste to be discontinued within the period specified in the notice and, if the misuse or waste continues after the expiry of that period, the Board may discontinue the supply of water to that person by severing or disconnecting the service pipe or by such other means as it thinks fit. (3) The Board shall not be liable for any loss or damage caused to any person by the discontinuance of the supply of water to the person under subsection (1) or (2).


document_id: pua-2001
provision_ref: s24
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 24
title: Power to enter upon premises for survey, inspection, etc.
content:
24. —(1) The Board may, for the purposes of this Act, by its employees, agents or contractors, enter any premises at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises, for the purpose of making any survey or inspection and for the purpose of executing any work authorised by this Act to be executed by the Board without being liable to pay any person any fee, charge or expense or to any legal proceedings or molestation on account of such entry or of anything done in any part of the premises under this Act. [9/2012] (2) Subject to subsection (3), the Board must not by its employees, agents or contractors enter any dwelling house in actual occupation, except with the consent of the occupier of the house, without 6 hours’ previous notice to the occupier. (3) The Minister may declare that any class of premises for the control and supervision of which regulations may be made under this Act are liable to inspection at any time of the day or night, and upon the declaration any employee, agent or contractor duly authorised in writing by the Board to do so 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. [9/2012]


document_id: pua-2001
provision_ref: s24A
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 24A
title: Power to enter premises for installation of pipes, water installations, etc.
content:
24A. —(1) The Board may, for the purposes of this Act, by its employees, agents or contractors, enter any premises at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises, for all or any of the following purposes: ( a ) to lay or install under, over, in, on or through the premises, any mains, pipes, water installations or water service installations that the Board considers necessary for the supply of water to those or other premises; ( b ) to lay or install under, over, in, on or through the premises any meters that the Board considers necessary to measure, ascertain or regulate the supply of water (including extracted water or water derived from extracted water) to those or other premises, or the use of water (including extracted water or water derived from extracted water) at those premises; [Act 27 of 2023 wef 01/01/2024] ( c ) to inspect, maintain, adjust, repair or alter — (i) any main, pipe, water installation or water service installation mentioned in paragraph ( a ) or any meter mentioned in paragraph ( b ); and (ii) any other main, water installation or pipe that is acquired by the Board, and is used for the supply of water to those or other premises; [Act 27 of 2023 wef 01/01/2024] ( d ) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph ( a ), ( b ) or ( c ), including — (i) excavating any premises, sewer or drain; (ii) tunnelling or boring under any premises, sewer or drain; (iii) removing or using all earth and materials in or under any premises, sewer or drain; and (iv) erecting, placing or installing any equipment or apparatus in or under any premises. [9/2012; 11/2018; 13/2020] (1A) Without affecting subsection (1)( b ), the Board may by written notice require any owner or occupier of premises at which water is extracted or extracted water is received, or from which extracted water or water derived from extracted water is supplied, to carry out any works necessary for the laying or installation of any meter by the Board, and for the works to be completed by a date specified in the notice. [Act 27 of 2023 wef 01/01/2024] (1B) Where a written notice has been served on an owner or occupier of premises under subsection (1A) and the works specified in the notice are not completed by the date specified in the notice for their completion, the owner or occupier shall be guilty of an offence if the owner or occupier on or after that date — ( a ) extracts water or receives extracted water at the premises; or ( b ) supplies extracted water or water derived from extracted water from the premises, and shall be liable on conviction to a fine not exceeding $10,000 and to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. [Act 27 of 2023 wef 01/01/2024] (2) Except as provided under Part 3A, the Board shall not be liable to pay any person any fee, charge or expense on account of any entry to any premises or of anything done to the premises under this section, or for any cost or expense incurred by any person in complying with any requirement of the Board under subsection (1A). [9/2012; 12/2015] [Act 27 of 2023 wef 01/01/2024] (3) However, the Board must not enter any premises for the purposes specified in subsection (1) unless the Board has given at least 14 days’ written notice of intention to enter to every owner and occupier of the premises. [9/2012; 12/2015] (4) A notice mentioned in subsection (3) must — ( a ) state the estimated period (if any) during which the Board intends to temporarily occupy or take possession of the premises; ( b ) give a brief description of the works (if any) which are to be carried out in or on the premises; ( c ) describe the area or extent of the land and the subterranean space needed for the carrying out of the works mentioned in paragraph ( b ); and ( d ) state that the owner or occupier of the premises may serve on the Board a claim of compensation for the items of loss, damage or cost set out in the first column of the Fourth Schedule to the extent of the loss, damage or cost suffered or incurred by the owner or occupier of the premises. [12/2015] (5) The Board may serve a notice on the owner or supplier of any gas, electricity, water or telecommunication services — ( a ) to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post, structure or other apparatus which belongs to that owner or supplier or is maintained by that owner or supplier if, in the opinion of the Board, such alteration is required for the purposes of subsection (1); and ( b ) to repair any premises thereby disturbed, and where any approval of a statutory authority is required for that alteration, to do so in accordance with that approval. [9/2012] (6) The Board may give notice to the owner or occupier of any premises requiring the owner or occupier to remove any object or structure described in the notice which is erected on or attached to, or projects from, the premises if, in the opinion of the Board, the removal of the object or structure is required for any of the purposes specified in subsection (1). [9/2012] (7) Any costs and expenses reasonably incurred by the owner, supplier or occupier in complying with any notice under subsection (5) or (6) must be borne by the Board. [9/2012]


document_id: pua-2001
provision_ref: s24B
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 24B
title: Board may act in cases of emergency
content:
24B. —(1) Despite anything in section 24, 24A, 31, 32 or 33, where the Board considers that immediate action is necessary — ( a ) upon the occurrence of an emergency, fire or excessive drought; ( b ) because the quality of water supplied fails to meet the standards required by the Board; ( c ) to facilitate the repair, alteration, replacement or maintenance of any main, installation or water installation; ( d ) to avoid undue interference with the supply of water to consumers; ( e ) to conserve water supply; or ( f ) in the interests of public safety or for other reasons affecting public interest, the Board may immediately and without notice enter any premises and carry out, or direct the immediate execution of, any work or the doing of any act, being any work or act authorised under any of those sections, which is in the opinion of the Board necessary for the service or safety of the public. [9/2012] [Act 27 of 2023 wef 01/01/2024] (2) Where, under subsection (1), the Board carries out, or directs the immediate execution of, any work or the doing of any act authorised under section 33(2)( b ), the Board may recover, as a debt due to it, from the person who caused the hindrance or obstruction, or likely hindrance or obstruction, mentioned in section 33, any cost or expense reasonably incurred by the Board as a result of the work or act. [Act 27 of 2023 wef 01/01/2024]


document_id: pua-2001
provision_ref: s25
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 25
title: Recovery of moneys due to Board
content:
25. —(1) If the amount of any tax under this Act or the amount of any moneys which is due from any person for — ( a ) the supply of water by the Board to any premises owned or occupied by the person; ( b ) work done or materials provided in connection with the work; or ( c ) the supply or hire by the Board of any water fitting, apparatus, appliance, accessory or appurtenance thereof, is not paid within the time allowed for such payment to be made, a notice may be issued requiring the defaulter to pay the same, together with a fee of such amount as may be prescribed for the cost of issuing the notice, within 7 days from the date of the notice. [9/2012] (2) If the amount and fee are not paid within the period of 7 days, a warrant may be issued by the Board to any employee of the Board named in the warrant, directing him or her to levy the same and the costs of recovery by seizure and sale of the movable property of the defaulter. (3) The person to whom any such warrant is addressed may break open in the daytime any house or building for the purpose of seizing property pursuant to the warrant. (4) Such fees as may be prescribed are payable by way of costs in the case of the issue of a warrant for the recovery of any debts under this section. (5) The person to whom any such warrant is addressed must make an inventory of the property seized under the warrant and must at the same time give written notice to the person in possession of the property at the time of seizure that the property will be sold. (6) The property seized by virtue of any such warrant is to be sold by public auction by the person to whom the warrant is addressed or by some other person appointed by the Board at any time after the end of 7 days from the date of the seizure, unless in the meantime the amount of the debt and the costs mentioned in the warrant have been paid. (7) The surplus (if any) accruing from the sale, after deducting the amount of the debt and the costs, must be paid to the owner of the property so sold. (8) Any surplus remaining unclaimed for a period of 12 months from the date of the sale must be paid to the credit of the Board’s fund and no person thereafter is entitled to demand and receive it.


document_id: pua-2001
provision_ref: s26
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 26
title: Water installation not to be relocated, etc., without Board’s approval
content:
26. —(1) A person must not carry out, or cause to be carried out, any works for the purpose of relocating any water installation or altering any water installation (including by replacing the water installation with another water installation) belonging to or under the management or control of the Board (called in this section the original water installation), except in accordance with this section. (2) The Board’s approval for the works must be obtained before the works start. (3) An application for the Board’s approval must be submitted to the Board with the plans for the works and any other information or document required by the Board, in the form and manner required by the Board. (4) The Board may grant an approval under subsection (2) subject to any conditions the Board thinks fit, including any of the following: ( a ) for the water installation at the new location or the altered water installation (as the case may be) to have a higher or lower capacity than the original water installation, whether or not the water installation at the new location or the altered water installation serves the premises at which it is situated; ( b ) the transfer of ownership to the Board of any water installation or any part of the water installation at the new location or the altered water installation, and any other structure, appurtenance or apparatus that is constructed or installed in connection with the relocation or alteration; ( c ) the provision by a person mentioned in subsection (8) to the Board, whether by assignment or otherwise — (i) of any warranty against defects that become apparent within the period specified in the condition, in the water installation at the new location or the altered water installation, or in any structure, appurtenance or apparatus mentioned in paragraph ( b ); and (ii) of any undertaking to make good any such defects at the costs and expenses of the person providing the warranty. (5) Where the Board grants an approval under subsection (2), the costs and expenses of the Board for the following matters must be borne jointly and severally by the persons mentioned in subsection (8): ( a ) any inspection by the Board of works being carried out and of the water installation at the new location or the altered water installation; ( b ) the commissioning of the water installation at the new location or the altered water installation, including for any water used in the course of the commissioning; ( c ) the decommissioning of the original water installation. (6) A person who carries out, or causes to be carried out, any works mentioned in subsection (1) for which the Board’s approval under subsection (2) has not been obtained shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. (7) Where any works mentioned in subsection (1) have been or are being carried out for which the Board’s approval has not been obtained, or any condition imposed by the Board under subsection (4) has been contravened, the Board may serve on any person mentioned in subsection (8) a written notice directing any of the following: ( a ) to immediately stop any of the works, either indefinitely or for a period specified in the notice; ( b ) to carry out any works that the Board thinks necessary for any of the following: (i) to remove any water installation; (ii) to make good the original water installation to its original state and condition; (iii) to replace any water installation at the new location or the altered water installation with another water installation; (iv) to make good any defects in the water installation at the new location or the altered water installation, or any structure, appurtenance or apparatus, that would have been covered by any warranty or undertaking mentioned in subsection (4)( c ); ( c ) to take any measures that the Board thinks necessary to comply with any condition imposed under subsection (4) that has been contravened. (8) A written notice mentioned in subsection (7) may be served on all or any of the following persons: ( a ) any person carrying out or who carried out the works for the purpose of relocating or altering the original water installation; ( b ) any person causing or who caused to be carried out the works for the purpose of relocating or altering the original water installation. (9) All costs and expenses incurred by a person in complying with a written notice mentioned in subsection (7) must be borne by the person. (10) Where a person on whom a written notice mentioned in subsection (7) has been served fails to comply with the notice, an authorised officer may, at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises at which the works mentioned in subsection (1) are being or have been carried out, enter the premises and execute any works and take any measures needed to secure compliance with the written notice, but without affecting any proceedings (whether criminal or otherwise) that may be taken against that person under this Act. (11) Without affecting the Board’s right to exercise its powers under subsections (10) and (14), a person who, without reasonable excuse, fails to comply with a written notice served on the person under subsection (7) shall be guilty of an offence. (12) Nothing in this section prohibits the Board from carrying out — ( a ) any works mentioned in subsection (1) at any person’s request; or ( b ) any works or measures specified in any written notice mentioned in subsection (7) at the request of the person on whom the written notice was served, upon the person’s undertaking to pay the Board’s costs and expenses in carrying out the works or measures. (13) Nothing in subsection (12) imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to carry out the works or measures mentioned in that subsection. (14) The Board may recover as a debt due to it — ( a ) the costs and expenses under subsection (5) from the person mentioned in that subsection; ( b ) any costs and expenses reasonably incurred by the Board under subsection (10) from any person who failed to comply with a written notice served on the person under subsection (7); and ( c ) any costs and expenses reasonably incurred by the Board under subsection (12) from the person who made the request to the Board. [Act 27 of 2023 wef 01/04/2024]


document_id: pua-2001
provision_ref: s27
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 27
title: Board may stop or interrupt supply of water
content:
27. —(1) The Board may, despite any agreement made with any consumer for the supply of water, stop, turn off or divert in part or wholly the water in any main or other works under its control or management — ( a ) upon the occurrence of an emergency, fire, or excessive drought; ( b ) if the quality of water supplied fails to meet the standards required by the Board; ( c ) if this is necessary to facilitate the repair or replacement of any main, installation or water installation, construction of new works, alteration to or maintenance of existing works, or the installation, changing or removal of any meter; ( d ) if this is necessary to avoid inconvenience to other consumers or undue interference with the water supply to other consumers; ( e ) if this is necessary to conserve water supply; or ( f ) if it is in the interests of public safety or in the public interest to do so. [9/2012] (2) The Board shall not be liable in respect of any loss or damage caused to any person by reason of — ( a ) any failure to provide or delay in providing any supply of water or any apparatus associated with the supply of water; or ( b ) any failure, interruption, suspension or restriction of any supply of water.


document_id: pua-2001
provision_ref: s28
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 28
title: Board may reduce supply of water
content:
28. The Board may, without incurring any liability for so doing other than the liability to make a proportionate abatement in the sum agreed to be paid for the supply of water, reduce as the Board thinks fit the quantity of water supplied in any case, if at any time it is of the opinion that its supply of water is insufficient for purposes of normal supply to the public.


document_id: pua-2001
provision_ref: s29
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 29
title: Property of Board not to be subject to distress or taken under or pursuant to enforcement order
content:
29. When any pipe or other apparatus belonging to the Board is placed in or upon premises not being in the possession of the Board for the purpose of supplying water, the pipe or other apparatus is not subject to distress and is not to be taken under or pursuant to an enforcement order under any process of any court or in any proceedings in bankruptcy against the person in whose possession it is. [Act 25 of 2021 wef 01/04/2022]


document_id: pua-2001
provision_ref: s30
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 30
title:
Apparatus, appliances, etc., let for hire by Board not to be subject to distress or taken under or pursuant to enforcement order

content:
30. Any apparatus, appliance, accessory, fitting and appurtenance let for hire by the Board and placed in or upon any premises not being in the possession of the Board is not subject to distress and is not to be taken under or pursuant to an enforcement order under any process of any court or in any proceedings in bankruptcy against the person in whose possession it is. [Act 25 of 2021 wef 01/04/2022]


document_id: pua-2001
provision_ref: s31
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 31
title: Power to enter premises to examine pipes, etc.
content:
31. —(1) The Board may by its employees, agents or contractors, at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises, enter any premises to or from which water (including extracted water and water derived from extracted water) is or has been supplied for all or any of the following purposes: ( a ) to examine and if necessary repair, renew or replace the pipes, meters, fittings, works or apparatus for, or in respect of, the supply of water belonging to or which are supplied from mains belonging to the Board; ( b ) to ascertain the quantity of water used or supplied; [Act 27 of 2023 wef 01/01/2024] ( c ) when the Board is authorised to discontinue the supply of water from any premises, to remove any pipe, fitting, meter, work or apparatus belonging to the Board; ( d ) to repair any damage caused by such entry, inspection or removal. [9/2012; 13/2020] [Act 27 of 2023 wef 01/01/2024] (1A) For the purposes of subsection (1), where a person — ( a ) extracts water or derives water from water extracted by the person; and ( b ) uses the extracted water or water so derived at any premises, the water so used by the person is regarded as being or having been supplied to those premises. [Act 27 of 2023 wef 01/01/2024] (2) The Board may by its employees, agents or contractors, at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises, enter upon or pass through any premises into, through, by, along or under which any of its mains, pipes or other works or any main, pipe or work connected therewith passes or is located — ( a ) to inspect and, if necessary, to repair, alter, take up, relay, rearrange or otherwise deal with them as the circumstances may require; and ( b ) to repair any damage caused by such entry or anything done under paragraph ( a ). [9/2012] (3) The Board shall not be liable to pay any person any fee, charge or expense or to any legal proceedings or molestation on account of such entry or of anything done to the premises under this section.


document_id: pua-2001
provision_ref: s32
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 32
title: Power to enter upon premises adjacent to works
content:
32. —(1) The Board may, by its employees, agents or contractors, enter any premises adjoining to or being within the distance of 100 metres of any works by this Act authorised to be made — ( a ) for the purpose of depositing upon the premises any soil, gravel, sand, lime, brick, stone or other materials; or ( b ) for any other purpose connected with those works, without making any previous payment, tender or deposit. (2) However, the Board must not enter any premises for the purposes specified in subsection (1) unless the Board has given at least 7 days’ written notice of its intention to enter to every owner and occupier of the premises. [12/2015] (3) A notice mentioned in subsection (2) must — ( a ) state the estimated period (if any) during which the Board intends to temporarily occupy or take possession of the premises; ( b ) give a brief description of the works (if any) which are to be carried out in or on the premises; ( c ) describe the area or extent of the land and the subterranean space needed for the carrying out of the works mentioned in paragraph ( b ); and ( d ) state that the owner or occupier of the premises may serve on the Board a claim of compensation for the items of loss, damage or cost set out in the first column of the Fourth Schedule to the extent of the loss, damage or cost suffered or incurred by the owner or occupier of the premises. [12/2015]


document_id: pua-2001
provision_ref: s33
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 33
title: Removal of obstruction above or in vicinity of water installation
content:
33. —(1) Where the Board is of the opinion that any structure, object or any accumulation of any substance that exists above or in the vicinity of any water installation belonging to the Board hinders or obstructs or is likely to hinder or obstruct access to the water installation, the Board may by written notice direct — ( a ) the person to whom the structure, object or accumulation of substance belongs; ( b ) the person who caused the structure, object or accumulation of substance to be where it exists; or ( c ) the owner or occupier of the premises on which the structure, object or accumulation of substance exists, to remove the structure, object or accumulation of substance within the time specified in the notice. [11/2018; 13/2020] [Act 27 of 2023 wef 01/01/2024] (2) Where the person on whom a notice under subsection (1) has been served fails to comply with it — ( a ) the person 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 ( b ) the Board may — (i) take all steps as it thinks necessary to secure the removal of the structure, object or accumulation of substance; or (ii) relocate or divert the water installation, and recover any costs reasonably incurred by it from the person. [13/2020] [Act 27 of 2023 wef 01/01/2024] (3) To avoid doubt, the Board may exercise its powers under subsection (2)( b ) whether or not any proceedings have been started, or any conviction has been obtained, pursuant to subsection (2)( a ). [Act 27 of 2023 wef 01/01/2024]


document_id: pua-2001
provision_ref: s34
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 34
title: Notice of obstruction of pipe or other apparatus to be given to Board
content:
34. —(1) Where any pipe or other apparatus placed in or upon any premises for the use or supply of water to the occupier of the premises becomes obstructed or in any way damaged so as to cause a waste of water, the occupier must, immediately on the same coming to the occupier’s knowledge, give notice thereof to the Board. (2) Any such occupier who neglects to give such notice after acquiring such knowledge shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and the supply may be summarily discontinued by the order of the Board until the necessary repairs are effected.


document_id: pua-2001
provision_ref: s35
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 35
title: Penalty or late payment charge
content:
35. —(1) The Board may, with the approval of the Minister, prescribe a penalty or late payment charge (such penalty or late payment charge, if unpaid, to constitute a debt due to the Board and be recoverable as such) to be paid to the Board for late payment of any fee or charge (including any price mentioned in section 20(1)) or tax payable under this Act. [9/2012] [Act 27 of 2023 wef 01/01/2024] (2) The Board may, with the Minister’s approval, waive the payment of any amount of a penalty or late payment charge under subsection (1) in respect of any person or class of persons. [Act 27 of 2023 wef 01/01/2024] (3) To avoid doubt, a waiver under subsection (2) need not be published in the Gazette . [Act 27 of 2023 wef 01/01/2024]


document_id: pua-2001
provision_ref: s36
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 36
title: Contribution towards capital outlay to provide water supply
content:
36. —(1) Where the Government considers it necessary for water supply to be provided in any area, whether for domestic or non-domestic purposes, and where the Board considers it uneconomical to provide the supply without a contribution from the Government, the Government may make such contribution towards the capital outlay necessary to provide the supply as may be estimated by the Board and agreed by the Government. (2) Where the owner of any land proposes to erect on the land buildings for which water supply will be needed, whether for domestic or non-domestic purposes, and it is uneconomical for the Board to provide the supply, the Board may require the owner to make such contribution towards the capital outlay necessary to provide the supply as may be estimated by the Board and agreed by the owner. (3) A supply of water for domestic purposes does not include a supply of water — ( a ) for cattle or horses or for washing vehicles where the cattle, horses or vehicles are kept for sale or hire or kept by a common carrier; ( b ) where the supply is used substantially for watering lands or gardens or for fountains or for any ornamental purpose; or ( c ) to any premises any part of which is used for the purpose of any trade, manufacture or business.


document_id: pua-2001
provision_ref: s37
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 37
title: General provisions relating to discontinuation of supply of water
content:
37. —(1) If, at any time after the supply of water to any premises has been discontinued by the Board under any provision of this Act, it is found that the supply has been reinstated without the authority of the Board and the water is being used by any person on the premises, the occupier of the premises is deemed, until the contrary is proved, to have authorised such user and shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. (2) Where the Board has discontinued the supply of water to any premises under this Act, the Board may resume the supply within a reasonable time if the person in default — ( a ) has made good the default; and ( b ) has paid the reasonable expenses of disconnecting and re-connecting the supply.


document_id: pua-2001
provision_ref: s38
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 38
title: Board in executing works to provide convenient ways, etc.
content:
38. —(1) The Board in executing any works directed or authorised to be made must provide and make a sufficient number of convenient ways, watercourses, drains and channels in the place of such as are interrupted, damaged or rendered useless by reason of the execution of the works. (2) The Board must make reasonable compensation to any person who suffers damage by reason of the same.


document_id: pua-2001
provision_ref: s39
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 39
title: Entry into Board’s premises without consent, etc.
content:
39. —(1) Despite any written law, a person must not enter or use any premises belonging to the Board, or reserved for the Board for laying of a main, without the prior written consent of the Board. (2) The Board may, by written notice, require any person whose cable, pipe, main or other property of whatever description is located under, over, in, on, along or across the premises mentioned in subsection (1) to remove the cable, pipe, main or property from the premises within the period specified in the notice. (3) All costs and expenses incurred by the person in complying with the notice must be borne by the person. (4) Any person who contravenes subsection (1) shall be guilty of an offence.


document_id: pua-2001
provision_ref: s40
chapter: PART 3 - WATER UNDERTAKING OF BOARD
section: 40
title: Water efficiency requirements for new facilities
content:
40. —(1) This section applies to a new facility — ( a ) that is to be or has been built for the purpose of carrying on a specified business activity that falls within a prescribed industry; and ( b ) the operation of which is for a purpose that requires an annual water use (determined in accordance with a prescribed method or a method that satisfies the prescribed criteria) that equals or exceeds the prescribed threshold. (2) The person proposing to build the new facility must obtain the Board’s approval for the projected water balance chart for the new facility before the start of any building works for the new facility. (3) A person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. (4) Where the Board’s approval is not obtained in accordance with subsection (2), the Board may serve on any person building the new facility a written notice directing the person to obtain the Board’s approval for the projected water balance chart for the new facility, within the period specified in the notice. (5) To avoid doubt, the Board may serve more than one written notice on the same person, so long as the Board’s approval for the projected water balance chart has not been obtained in accordance with subsection (2) or any written notice previously served on any person under subsection (4). (6) A person who fails to comply with a written notice under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. (7) The occupier of the new facility must ensure that the operation of the new facility satisfies the prescribed water efficiency requirements applicable to the new facility. (8) The Board may, in any particular case, waive or modify any prescribed water efficiency requirement applicable to a new facility if the Board is satisfied, on a written application by the occupier or owner of the new facility, that there are good reasons to do so. (9) To avoid doubt — ( a ) where any prescribed water efficiency requirement applicable to a new facility is waived by the Board under subsection (8), the reference to prescribed water efficiency requirements in subsection (7) does not include the requirement so waived as from and including the date on which the waiver takes effect; and ( b ) where the prescribed water efficiency requirements applicable to a new facility are modified by the Board under subsection (8), the reference to prescribed water efficiency requirements in subsection (7) is a reference to the requirements so modified as from and including the date on which the modification takes effect. (10) A person who fails to comply with subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000. (11) Regulations made under section 72 in connection with any annual water use, prescribed threshold or prescribed water efficiency requirements for the purposes of this section may make different prescriptions for — ( a ) different industries; and ( b ) different types or descriptions of new facilities, or new facilities differently situated. (12) In this section — “building works” has the meaning given by section 2(1) of the Building Control Act 1989; “new facility” means a building or structure — ( a ) for which an application is made on or after 1 January 2024 — (i) for planning permission under the Planning Act 1998; or (ii) for approval of plans for building works under the Building Control Act 1989; and ( b ) which is for the purpose of carrying on — (i) a new specified business activity of a person; or (ii) an expansion of any existing specified business activity of a person; “projected water balance chart”, in relation to a new facility, means a chart showing all of the following when the new facility is operating at its designed capacity: ( a ) the projected amount of water entering the new facility; ( b ) the projected amount of water being used for the activity or every activity (as the case may be) of the specified business activity that involves the use of water; ( c ) the projected amount of water leaving the new facility; “specified business activity” means an activity, or a series of activities (including ancillary activities), that involves the use of water in the course of business operations; “water efficiency requirements” includes requirements for the recycling of used water. [Act 27 of 2023 wef 01/01/2024]


document_id: pua-2001
provision_ref: s40A
chapter: PART 3A - COMPENSATION FOR TEMPORARY OCCUPATION OF
section: 40A
title: Compensation for temporary occupation of premises
content:
40A. —(1) Subject to sections 40B and 40C, every owner and occupier of premises of which temporary possession is taken under section 24A or 32 is entitled to claim compensation for the items of loss, damage or cost set out in the first column of the Fourth Schedule to the extent of the loss, damage or cost suffered or incurred by the owner or occupier, as the case may be. [12/2015] (2) A claim for compensation for an item of loss, damage or cost set out in the first column of the Fourth Schedule is to be assessed by the Board — ( a ) on the basis of the matters specified opposite in the second column of the Fourth Schedule; and ( b ) by not taking into consideration any of the matters specified in subsection (3). [12/2015] (3) No account is to be taken of the following in the assessment of any claim for compensation by any owner or occupier of premises of which temporary possession is taken under section 24A or 32: ( a ) the financial loss resulting from the interruption of or interference with any trade or business carried on any premises; ( b ) any increase or decrease in the value of the premises to which the compensation relates which is attributable to the purpose for which the premises are occupied and used; ( c ) any building, object or structure within those premises which was erected and maintained in the contravention of any written law in force on the date of the notice under section 24A(3) or 32(2) (as the case may be) relating to those premises; ( d ) any building or part of a building within those premises which has been constructed or modified or on which building works have been carried out so as to amount to a contravention of the Building Control Act 1989 within the meaning of that Act. [12/2015] (4) On receiving a claim for compensation from any owner or occupier of premises of which temporary possession is taken under section 24A or 32, the Board must inquire into that claim and must, as soon as is possible, pay to the owner or occupier (as the case may be) compensation for such loss, damage or cost arising from the exercise of the powers under that section as is determined in accordance with this section. [12/2015] (5) To avoid doubt, nothing in this section prevents the Board from restoring premises of which temporary possession is taken under section 24A or 32 to the reasonable satisfaction of the owner or occupier of the premises before returning those premises to the owner or occupier, in lieu of compensation for any item of loss, damage or cost set out in the first column of the Fourth Schedule. [12/2015]


document_id: pua-2001
provision_ref: s40B
chapter: PART 3A - COMPENSATION FOR TEMPORARY OCCUPATION OF
section: 40B
title: Time for, and manner of, claiming for compensation
content:
40B. —(1) Every claim for compensation under this Part must be in writing. [12/2015] (2) Subject to subsection (4), if a claim for compensation for an item of loss, damage or cost set out in the first column of the Fourth Schedule is not served on the Board before the expiry of the relevant period specified in subsection (3) for that item, the right to claim compensation for that item is barred and any late claim may be disregarded. [12/2015] (3) The period within which a claim for compensation for an item of loss, damage or cost set out in the first column of the Fourth Schedule must be served on the Board is as follows: ( a ) for a claim for loss due to displacement of any person in lawful occupation of the premises on the date of the notice under section 24A(3) or 32(2) — 2 years starting from the date of that notice; ( b ) for a claim for structural damage to any building resulting from the occupation and use of the premises under section 24A(1) or 32(1) — 6 years starting from the date those premises are returned; ( c ) for a claim for other damage to any premises — 6 years starting from the date those premises are returned; ( d ) for a claim for removal of any object or structure which was erected and maintained without contravention of any written law — one year from the date of removal, or the date of reinstatement or replacement, whichever is applicable. [12/2015] (4) The Board may extend the period referred to in subsection (3) within which a claim must be served upon it if an application for the extension is made to the Board, either before or after the expiry of that period, and the Board considers — ( a ) that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than this Act) or by any other reasonable cause; or ( b ) that the Board is not materially prejudiced by the delay. [12/2015] (5) An extension may be granted by the Board under subsection (4) with or without conditions, and for such period as the Board thinks fit, but in no case exceeding 6 years from the time when the right to compensation first arose. [12/2015]


document_id: pua-2001
provision_ref: s40C
chapter: PART 3A - COMPENSATION FOR TEMPORARY OCCUPATION OF
section: 40C
title: Disqualification as to certain compensation
content:
40C. If an owner of any premises of which temporary possession is or has been taken in accordance with section 24A or 32 gives to the Board any notice under section 40E(1) in relation to those premises within the claim period referred to in section 40F(2)( d ), the owner is entitled to claim only for loss due to displacement of any person in lawful occupation of the premises on the date of the notice under section 24A(3) or 32(2) (as the case may be) and no other item in the Fourth Schedule. [12/2015]


document_id: pua-2001
provision_ref: s40D
chapter: PART 3A - COMPENSATION FOR TEMPORARY OCCUPATION OF
section: 40D
title: Bar to other proceedings
content:
40D. Except as provided in this Part, no action, claim or other proceeding shall lie against the Board, or any employee, agent or contractor of the Board — ( a ) to restrain the doing of anything which is authorised by or under section 24A or 32, or to compel the doing of anything which may be omitted to be done under section 24A or 32; or ( b ) to recover damages, compensation or costs for — (i) damage or disturbance to or loss of or in the value of any land, chattel, trade or business; (ii) personal disturbance or inconvenience; (iii) extinguishment, modification or restriction of rights; or (iv) effecting or complying with any requirement or condition imposed by the Board or its employee, agent or contractor, which is authorised by or under section 24A or 32 or arises from any act or omission so authorised. [12/2015]


document_id: pua-2001
provision_ref: s40E
chapter: PART 3A - COMPENSATION FOR TEMPORARY OCCUPATION OF
section: 40E
title:
Owners who suffer substantial impairment in rights in premises may require their premises to be acquired

content:
40E. —(1) The owner of any premises of which temporary possession is or has been taken in accordance with section 24A or 32 may, by written notice given to the Board, request the Government to acquire under the Land Acquisition Act 1966 — ( a ) the premises; and ( b ) any other premises of the owner related to the premises in paragraph ( a ), if the owner considers that the owner suffers substantial impairment of the owner’s rights in the premises in paragraphs ( a ) and ( b ) because of the taking of that temporary possession. [12/2015] (2) If there is more than one owner of the premises concerned, the notice under this section must be given by all the owners. [12/2015] (3) Any notice under this section is irrevocable once given to the Board. [12/2015] (4) For the purposes of this section and section 40F, premises (called A premises) are related to other premises temporary possession of which is or has been taken in accordance with section 24A or 32 (in this section and section 40F called temporarily occupied premises) if the A premises are the remainder of a parcel of land part of which are the temporarily occupied premises. [12/2015] (5) In this section and section 40F — “owner”, in relation to any premises, means — ( a ) a person who has the fee simple estate in the premises; ( b ) a person who is the grantee or lessee under a State title for the premises; ( c ) a person who has become entitled to exercise a power of sale of the premises; or ( d ) a person in occupation of the premises under a tenancy the term of which exceeds 7 years; “parcel of land” means the whole area of land that — ( a ) is the subject of a separate certificate of title registered under the Land Titles Act 1993; or ( b ) is a lot in a lawful division of land and capable of being separately held by any owner, and where a single building is erected on 2 or more such adjoining lands or lots referred to in paragraph ( a ) or ( b ), includes the area comprised in those lands or lots, as the case may be. [12/2015]


document_id: pua-2001
provision_ref: s40F
chapter: PART 3A - COMPENSATION FOR TEMPORARY OCCUPATION OF
section: 40F
title: Owner-initiated acquisition
content:
40F. —(1) Upon the Board receiving a notice under section 40E(1) in relation to any temporarily occupied premises and any other premises related to the temporarily occupied premises, the President is to proceed under the Land Acquisition Act 1966 to acquire those premises as if those premises were the subject of a notice under section 49 of that Act. [12/2015] (2) The provisions of sections 49 and 49A of the Land Acquisition Act 1966 apply (so far as relevant) to any premises that are the subject of a notice under section 40E with the following exceptions, modifications and adaptations: ( a ) any reference in those sections to any land that is the subject of a notice under section 49(1) of the Land Acquisition Act 1966 is to be read as a reference to the premises that are the subject of a notice under section 40E; ( b ) any reference in those sections to land temporary possession of which is or has been taken under section 42 of the Land Acquisition Act 1966 is to be read as a reference to any premises temporary possession of which is or has been taken in accordance with section 24A or 32; ( c ) any reference in those sections to an owner of land is to be read as a reference to an owner of premises referred to in section 40E; ( d ) any reference in section 49A of the Land Acquisition Act 1966 to a claim period for any land temporary possession of which is or has been taken in accordance with a direction under section 42 of the Land Acquisition Act 1966 is to be read as a reference to one year starting from either of the following dates: (i) the date of the notice under section 24A(3) or 32(2) (as the case may be) relating to those premises; (ii) the date of the expiry of the term of temporary possession in a notice under section 24A(3) or 32(2) (as the case may be) for the temporary occupation and use of those premises, or the date the premises are returned to the owner if earlier; ( e ) such other exceptions, modifications and adaptations as the differences between them necessarily require. [12/2015]


document_id: pua-2001
provision_ref: s40G
chapter: PART 3B - REGULATED WORKS AND WSI DESIGN WORKS
section: 40G
title: Prohibitions against carrying out of regulated works, etc.
content:
40G. —(1) An individual must not carry out, or offer or undertake to carry out, any regulated works unless the individual — ( a ) is a licensed plumber; or ( b ) acts under the direct supervision of a licensed plumber. [11/2018] (2) An individual must not hold himself or herself out (whether by an advertisement or any other means) as authorised under this Act to carry out any regulated works, unless the individual is a licensed plumber. [11/2018] (3) A person must not in the course of business (whether or not carried on for profit) provide, or offer or undertake to provide, the carrying out of any regulated works unless the person ensures that those works are carried out by — ( a ) one or more licensed plumbers; or ( b ) one or more individuals acting under the direct supervision of one or more licensed plumbers. [11/2018] (4) A person must not hold out (whether by an advertisement or any other means) that the person is authorised under this Act to provide in the course of business the carrying out of any regulated works, unless the person ensures that those works are carried out by the individuals mentioned in subsection (3)( a ) or ( b ). [11/2018] (5) An owner or occupier of any premises who wishes to have any sanitary works or WSI works carried out at the premises must only engage a person permitted under subsection (1) or (3) to carry out those works or provide the carrying out of those works, as the case may be. [11/2018] (6) An owner or occupier of any premises who wishes to have any limited WSI design works carried out on a water service installation situated at the premises must only engage — ( a ) a person permitted under subsection (1) or (3) to carry out those works or provide the carrying out of those works, as the case may be; or ( b ) a professional engineer to carry out those works. [11/2018] (7) Any person who contravenes subsection (1), (2), (3) or (4) 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 years or to both. [11/2018] (8) Any person who contravenes subsection (5) or (6) shall be guilty of an offence. [11/2018] (9) Subsections (1), (2), (3) and (4) do not apply to a professional engineer in respect of any limited WSI design works. [11/2018]


document_id: pua-2001
provision_ref: s40H
chapter: PART 3B - REGULATED WORKS AND WSI DESIGN WORKS
section: 40H
title: Prohibition against engagement of persons to carry out certain WSI design works
content:
40H. —(1) An owner or occupier of any premises who wishes to have any WSI design works carried out on a water service installation situated at the premises must, where the WSI design works are not limited WSI design works, only engage a professional engineer to carry out those works. [11/2018] (2) Any person who contravenes subsection (1) shall be guilty of an offence. [11/2018] Division 2 &#x2014; Licensing of plumbers


document_id: pua-2001
provision_ref: s40I
chapter: PART 3B - REGULATED WORKS AND WSI DESIGN WORKS
section: 40I
title: Application for plumber’s licence
content:
40I. —(1) An application to the Board for a plumber’s licence must — ( a ) be in such form and manner as the Board may require; ( b ) be accompanied by an application fee (if prescribed); and ( c ) be accompanied by the documents and information required by the Board to consider the application. [11/2018] (2) In considering an application under subsection (1), the Board may carry out such inquiries and investigations in relation to the application as the Board considers necessary. [11/2018] (3) The Board may refuse to consider an application for a plumber’s licence that is incomplete or not made in accordance with this section. [11/2018]


document_id: pua-2001
provision_ref: s40J
chapter: PART 3B - REGULATED WORKS AND WSI DESIGN WORKS
section: 40J
title: Grant of plumber’s licence
content:
40J. —(1) An applicant is ineligible for a plumber’s licence if the applicant — ( a ) has not completed any course, training, assessment, examination or test on any regulated works as the Board may require; ( b ) does not, in the Board’s opinion, have the necessary qualifications or experience to be a licensed plumber; ( c ) does not, in the Board’s opinion, have an acceptable knowledge of the requirements imposed by or under this Act or the Sewerage and Drainage Act 1999 on a licensed plumber; and ( d ) does not satisfy other eligibility requirements (if prescribed) to be a licensed plumber. [11/2018] (2) In deciding whether an applicant has an acceptable knowledge of the requirements mentioned in subsection (1)( c ), the Board may have regard to — ( a ) the results of any assessment, examination or test mentioned in subsection (1)( a ) completed by the applicant; and ( b ) if the Board considers relevant, the results of any other assessment, examination or test on any regulated works completed by the applicant, whether before, on or after 1 April 2018. [11/2018] (3) The Board may, after considering the matters mentioned in subsections (1) and (2) and on payment of a licence fee (if prescribed), grant a plumber’s licence to an individual. [11/2018] (4) A plumber’s licence granted under subsection (3) — ( a ) authorises a licensed plumber to carry out any regulated works; and ( b ) is subject to any conditions that the Board may impose. [11/2018] (5) A plumber’s licence continues in force — ( a ) for the life of the holder of a plumber’s licence; or ( b ) for such period as the Board may specify in the licence, unless the licence is earlier suspended or cancelled under section 40L or earlier surrendered under section 40M. [11/2018] (6) A plumber’s licence is neither transferable nor assignable, and any purported transfer or assignment of the licence is void. [11/2018]


document_id: pua-2001
provision_ref: s40K
chapter: PART 3B - REGULATED WORKS AND WSI DESIGN WORKS
section: 40K
title: Grounds for suspension or cancellation of plumber’s licence
content:
40K. —(1) The Board may suspend or cancel the plumber’s licence of an individual who — ( a ) has obtained the plumber’s licence by making or producing, or causing to be made or produced, any false or fraudulent declaration, certification or representation, whether in writing or otherwise; ( b ) has, in the Board’s opinion, contravened any requirement imposed by or under this Act or the Sewerage and Drainage Act 1999 applicable to the individual, for which the individual is not liable for an offence; ( c ) has, in the Board’s opinion, failed to comply with any condition of the plumber’s licence; ( d ) has been charged with or convicted of an offence, under this Act or any other written law, such that it is undesirable, in the Board’s opinion, that the individual should continue to hold the plumber’s licence; ( e ) if required by section 40N to complete any refresher course, training, assessment, examination or test, has failed to do so; ( f ) is, for any reason, no longer suitable in the Board’s opinion to hold a plumber’s licence having regard to any of the matters mentioned in section 40J(1)( a ) to ( d ); or ( g ) in the Board’s opinion, has carried out or is carrying out any regulated works in a manner that adversely affects or is likely to adversely affect the health or safety of any individual, or of the public or a section of the public. [11/2018] (2) The suspension or cancellation of a plumber’s licence under this Act does not prejudice the enforcement — ( a ) by any person of any right or claim against the licensed plumber or former licensed plumber; or ( b ) by the licensed plumber or former licensed plumber of any right or claim against any person. [11/2018] (3) The Board does not have to — ( a ) pay any compensation to any individual whose plumber’s licence is suspended or cancelled; or ( b ) refund any fee or part of the fee paid to the Board, in respect of any unexpired period of a plumber’s licence that is cancelled. [11/2018]


document_id: pua-2001
provision_ref: s40L
chapter: PART 3B - REGULATED WORKS AND WSI DESIGN WORKS
section: 40L
title: Proceedings for suspension or cancellation of plumber’s licence
content:
40L. —(1) Before suspending or cancelling the plumber’s licence of an individual, the Board must give a written notice to the individual — ( a ) stating that the Board intends to suspend or cancel the plumber’s licence; and ( b ) specifying the time within which written representations may be made to the Board with respect to the proposed suspension or cancellation, that must not be less than any time prescribed for the making of those representations. [11/2018] (2) The Board may, after considering any written representation under subsection (1)( b ) from an individual — ( a ) suspend his or her plumber’s licence for a period not exceeding 12 months or any longer period that may be prescribed in substitution; or ( b ) cancel his or her plumber’s licence. [11/2018] (3) Where the Board has made any decision under subsection (2) against an individual, the Board must serve on the individual concerned a notice of the decision. [11/2018] (4) The Board’s decision under subsection (2) takes effect from the date that the notice under subsection (3) is given, or on a later date specified in the notice. [11/2018]


document_id: pua-2001
provision_ref: s40M
chapter: PART 3B - REGULATED WORKS AND WSI DESIGN WORKS
section: 40M
title: Surrender of plumber’s licence
content:
40M. —(1) Subject to subsection (2), an individual may at any time surrender his or her plumber’s licence to the Board for cancellation. [11/2018] (2) The Board may refuse the surrender of a plumber’s licence under subsection (1) if — ( a ) the Board is investigating whether there is any circumstance that may result in the suspension or cancellation of the plumber’s licence; or ( b ) the Board has started proceedings under section 40L with a view to suspending or cancelling the plumber’s licence. [11/2018] Division 3 &#x2014; General provisions


document_id: pua-2001
provision_ref: s40N
chapter: PART 3B - REGULATED WORKS AND WSI DESIGN WORKS
section: 40N
title: Training requirements for licensed plumbers
content:
40N. A licensed plumber must — ( a ) complete any refresher course or training on any regulated works as required by the Board; and ( b ) complete to the Board’s satisfaction any assessment, examination or test on any regulated works as required by the Board. [11/2018]


document_id: pua-2001
provision_ref: s40O
chapter: PART 3B - REGULATED WORKS AND WSI DESIGN WORKS
section: 40O
title: Duties of licensed plumbers in relation to regulated works
content:
40O. —(1) A licensed plumber must, in respect of any regulated works that the licensed plumber carries out, or directly supervises another individual to carry out — ( a ) ensure that the carrying out of the regulated works complies with the requirements imposed by or under this Act; ( b ) for any prescribed regulated works — (i) notify the Board, in accordance with any prescribed requirements, before the start of those works; and (ii) submit to the Board, in accordance with any prescribed requirements, certifications for completion of those works; and ( c ) comply with any other requirements that may be prescribed. [11/2018] (2) Any licensed plumber who fails to comply with subsection (1) shall be guilty of an offence. [11/2018]


document_id: pua-2001
provision_ref: s40P
chapter: PART 3B - REGULATED WORKS AND WSI DESIGN WORKS
section: 40P
title: Duties of professional engineers in relation to WSI design works
content:
40P. —(1) A professional engineer must, in respect of any WSI design works that the professional engineer carries out — ( a ) ensure that the carrying out of the WSI design works complies with the requirements imposed by or under this Act; ( b ) for any prescribed WSI design works — (i) notify the Board, in accordance with any prescribed requirements, before the start of those works; and (ii) submit to the Board, in accordance with any prescribed requirements, certifications for completion of those works; and ( c ) comply with any other requirements that may be prescribed. [11/2018] (2) Any professional engineer who fails to comply with subsection (1) shall be guilty of an offence. [11/2018]


document_id: pua-2001
provision_ref: s40Q
chapter: PART 3B - REGULATED WORKS AND WSI DESIGN WORKS
section: 40Q
title: Directions to licensed plumbers, professional engineers, etc.
content:
40Q. —(1) Where the Board is of the opinion that — ( a ) a licensed plumber has failed, or is likely to have failed, to comply with a condition of his or her plumber’s licence in carrying out any regulated works; ( b ) a licensed plumber has contravened, or is likely to have contravened, any requirement imposed by or under this Act or the Sewerage and Drainage Act 1999, in relation to any regulated works that the licensed plumber is responsible for; ( c ) a professional engineer has contravened, or is likely to have contravened, any requirement imposed by or under this Act, in relation to any WSI design works that the professional engineer is responsible for; ( d ) any water service installation does not conform to any requirement set out in the regulations made under section 72; or ( e ) any sanitary works are not or were not carried out in conformity with any requirement imposed by or under the Sewerage and Drainage Act 1999, the Board may give a direction, verbally or in writing, to any person specified in subsection (2), and the person must comply with the direction. [11/2018] (2) The persons specified for the purposes of subsection (1) are — ( a ) for a direction under subsection (1)( a ) or ( b ) — (i) the licensed plumber mentioned in subsection (1)( a ) or ( b ); or (ii) if the Board is of the opinion that the licensed plumber mentioned in sub-paragraph (i) is incapable of carrying out any requirement specified in the Board’s direction, another licensed plumber; ( b ) for a direction under subsection (1)( c ) — (i) the professional engineer mentioned in subsection (1)( c ); or (ii) if the Board is of the opinion that the professional engineer mentioned in sub-paragraph (i) is incapable of carrying out any requirement specified in the Board’s direction, another professional engineer; ( c ) for a direction under subsection (1)( d ) — (i) the licensed plumber reasonably believed to have last carried out, or directly supervised the carrying out of, any limited WSI design works or WSI works on the water service installation that resulted in its non-conformity; (ii) the professional engineer reasonably believed to have last carried out any WSI design works on the water service installation that resulted in its non-conformity; (iii) if the Board is of the opinion that the licensed plumber or professional engineer mentioned in sub-paragraph (i) or (ii) is incapable of carrying out any requirement specified in the Board’s direction, another licensed plumber or professional engineer, as the case may be; (iv) the owner or occupier of the premises where the water service installation is situated; or (v) the consumer who is supplied water through the water service installation; and ( d ) for a direction under subsection (1)( e ) — (i) the licensed plumber reasonably believed to have last carried out, or directly supervised the carrying out of, the non-conforming sanitary works; (ii) if the Board is of the opinion that the licensed plumber mentioned in sub-paragraph (i) is incapable of carrying out any requirement specified in the Board’s direction, another licensed plumber; or (iii) the owner or occupier of the premises where the non-conforming sanitary works are or were carried out. [11/2018] (3) A direction given under subsection (1) — ( a ) may require the person specified in subsection (2) to do, or to refrain from doing, such things as are specified in the direction or are of a description as specified in the direction; ( b ) is to take effect at such time, being the earliest practicable time, as is determined by or under that direction; and ( c ) may be revoked at any time by the Board. [11/2018] (4) The Board is not liable for any cost or expense incurred by any person specified in subsection (2) in complying with any direction given by the Board under this section. [11/2018] (5) Where a licensed plumber or professional engineer receives a direction from the Board under this section — ( a ) the licensed plumber or professional engineer (as the case may be) must notify the affected owner, occupier or consumer specified in subsection (2)( c )(iv) or (v) or ( d )(iii) (as the case may be) of the direction; and ( b ) the Board may disconnect or refuse to supply water through the water service installation until such time that the requirements of the Board specified in the direction have been complied with. [11/2018] (6) Any person to whom a direction is given under this section who fails to comply with the direction shall be guilty of an offence. [11/2018] (7) To avoid doubt, this section does not affect the application of section 11(2) of the Sewerage and Drainage Act 1999. [11/2018]


document_id: pua-2001
provision_ref: s41
chapter: PART 4 - SUPPLY OF PIPED WATER SUITABLE FOR DRINKING
section: 41
title: Supply of piped water suitable for drinking with approval of Board
content:
41. —(1) A person other than the Board must not supply piped water suitable for drinking except with the written approval of the Board. [11/2018] (2) 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 5 years or to both. (3) Every written approval given by the Board must be in such form and for such period and may contain such terms and conditions as the Board may determine. (4) No written approval given by the Board is transferable without the prior written consent of the Board. (5) Any purported transfer of any written approval is void. (6) If a person who has been given written approval contravenes any of the terms and conditions of the approval or section 42, the Board may require that person to show cause in writing why the Board should not do any of the following: ( a ) require that person to provide security in such form and of such amount as the Board considers appropriate for securing compliance with the terms and conditions of the approval or section 42; ( b ) impose on that person a financial penalty not exceeding $50,000; or ( c ) revoke the approval or suspend it for such period as the Board considers appropriate. (7) If the Board is not satisfied with any written representation or explanation of the person required to show cause under subsection (6), the Board may — ( a ) require that person to provide security in such form and of such amount as the Board considers appropriate for securing compliance with the terms and conditions of the approval or section 42; ( b ) impose on that person a financial penalty not exceeding $50,000; or ( c ) revoke the approval or suspend it for such period as the Board considers appropriate. (8) The financial penalty imposed on a person under subsection (7) and any interest payable under subsection (9) — ( a ) must be collected, and may be sued for and recovered, by the Board; ( b ) are to be treated as 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 such collection or recovery, and the person’s liability to pay is not affected by the person’s written approval under this section ceasing, for any reason, to be in force. [11/2018; 40/2018] (9) Where the financial penalty imposed on a person under subsection (7) is not paid in full by the due date for payment (called in this section the outstanding sum), the person concerned is liable to pay interest at the prescribed rate on the outstanding sum. [11/2018] (10) The Board may recover, as a debt, the outstanding sum and any interest payable under subsection (9). [11/2018] [Act 27 of 2023 wef 01/01/2024] (11) Any person who is aggrieved by a decision of the Board under subsection (7) may, within 14 days of the receipt by the person of the decision, appeal to the Minister whose decision is final. (12) Any decision of the Board appealed against under subsection (11) must be complied with until the determination of the appeal, except that any security or financial penalty that is the subject of the appeal need not be paid until the determination of the appeal. [11/2018] (13) This section does not apply to the supply of piped water suitable for drinking solely to the Board. [11/2018]


document_id: pua-2001
provision_ref: s42
chapter: PART 4 - SUPPLY OF PIPED WATER SUITABLE FOR DRINKING
section: 42
title: Compliance with requirements by approved person, etc.
content:
42. —(1) Every person given written approval under section 41 must — ( a ) comply with the requirements imposed by or under this Act relating to the supply of piped water suitable for drinking, and any other written law relating to the provision of piped water suitable for drinking; ( b ) ensure that any installation, water installation and water service installation used by the person for the supply of piped water suitable for drinking conforms to the requirements set out in the regulations made under section 72; ( c ) take all reasonable steps to safeguard the health and safety of persons employed by the person in carrying out the supply of piped water suitable for drinking; ( d ) ensure that consumers of the piped water suitable for drinking supplied by the person are protected against dangers of contamination or pollution in the piped water suitable for drinking; ( e ) not do any act which renders the piped water suitable for drinking supplied by the person injurious to the health of the consumers; and ( f ) in carrying out the supply of piped water suitable for drinking, take all reasonable steps to safeguard the health and interests of the consumers. [11/2018] (2) Where the Board considers that immediate action is necessary due to any contravention or likely contravention of a requirement under subsection (1) by an approved person that endangers the health or safety of consumers, the Board may — ( a ) immediately and without notice enter any premises and carry out, or direct the immediate execution of, any work or the doing of any act that is necessary to safeguard the health or safety of consumers; and ( b ) on completion of the work or act mentioned in paragraph ( a ), recover from the approved person any costs reasonably incurred by the Board in carrying out that work or act. [11/2018]


document_id: pua-2001
provision_ref: s43
chapter: PART 4 - SUPPLY OF PIPED WATER SUITABLE FOR DRINKING
section: 43
title: Suspension of approval
content:
43. —(1) The Board may suspend any approval given under section 41 for such period as it considers reasonable if it is of the opinion that the suspension is in the public interest or in the interests of public safety. (2) The Board shall not be liable for any loss or damage caused to any person by such suspension.


document_id: pua-2001
provision_ref: s44
chapter: PART 4 - SUPPLY OF PIPED WATER SUITABLE FOR DRINKING
section: 44
title: Exclusion of liability for Board
content:
44. Despite any written approval given by the Board under section 41, the Board shall not be liable in any circumstances for any loss, damage or cost sustained by any person as a result of any default, negligence, breach or other wrongful act or omission of any approved person or any agent or employee of the approved person.


document_id: pua-2001
provision_ref: s44A
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44A
title: Interpretation of this Part
content:
44A. —(1) In this Part, unless the context otherwise requires — “5% controller”, in relation to a designated entity, designated business trust or designated trust, means a person who, alone or together with the person’s associates — ( a ) holds 5% or more, but less than 12%, of the total equity interests in; or ( b ) is in a position to control 5% or more, but less than 12%, of the voting power in, the designated entity, designated business trust or designated trust, as the case may be; “12% controller”, in relation to a designated entity, designated business trust or designated trust, means a person who, alone or together with the person’s associates — ( a ) holds 12% or more, but less than 30%, of the total equity interests in; or ( b ) is in a position to control 12% or more, but less than 30%, of the voting power in, the designated entity, designated business trust or designated trust, as the case may be; “30% controller”, in relation to a designated entity, designated business trust or designated trust, means a person who, alone or together with the person’s associates — ( a ) holds 30% or more of the total equity interests in; or ( b ) is in a position to control 30% or more of the voting power in, the designated entity, designated business trust or designated trust, as the case may be; “acquisition” includes an agreement to acquire, but does not include — ( a ) an acquisition by will or by operation of law; or ( b ) an acquisition by way of enforcement of a security for any loan or other debt; “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “business trust” has the meaning given by section 2 of the Business Trusts Act 2004; “control” includes control as a result of, or by means of, any trust, agreement, arrangement, understanding or practice, whether or not having legal or equitable force and whether or not based on legal or equitable rights; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “designated business trust” means a business trust that has been designated under section 44D as a designated business trust; “designated entity” means an entity that has been designated under section 44D as a designated entity; “designated trust” means a trust that has been designated under section 44D as a designated trust; “director” has the meaning given by section 4(1) of the Companies Act 1967; “entity” means any sole proprietorship, partnership, corporation or other body of persons, whether corporate or unincorporate; “equity interest” means — ( a ) in relation to a corporation — a voting share in that corporation; ( b ) in relation to an entity other than a corporation — any right or interest, whether legal or equitable, in that entity (by whatever name called) which gives the holder of that right or interest voting power in that entity; ( c ) in relation to a business trust — a unit in that business trust; and ( d ) in relation to a trust other than a business trust — any right or interest, whether legal or equitable, in that trust (by whatever name called) which gives the holder of that right or interest voting power in that trust; “indirect controller”, in relation to a designated entity, designated business trust or designated trust, means any person, whether acting alone or together with any other person, and whether with or without holding equity interests or controlling the voting power in the designated entity, designated business trust or designated trust, as the case may be — ( a ) whose directions, instructions or wishes the directors or other officers of the designated entity, the trustee-manager of the designated business trust, or the trustee of the designated trust (as the case may be) is accustomed or under an obligation, whether formal or informal, to act in accordance with; or ( b ) who is in a position to determine the policy of the designated entity, designated business trust or designated trust, as the case may be, but does not include — ( c ) any person who is a director or other officer of the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust, as the case may be; or ( d ) any person whose directions, instructions or wishes the directors or other officers of the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) is accustomed to act in accordance with by reason only that they act on advice given by the person in that person’s professional capacity; “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “liquidator” includes the Official Receiver when acting as the liquidator of a corporation; “officer”, in relation to a corporation, includes — ( a ) a director or secretary of, or a person employed in an executive capacity by, the corporation; ( b ) any receiver or manager, or any receiver and manager, of any part of the undertaking of the corporation, appointed under a power contained in any instrument or by the General Division of the High Court or by creditors; ( c ) any liquidator of the corporation appointed in a voluntary winding up or by the General Division of the High Court or by creditors; and ( d ) any judicial manager of the corporation appointed by the General Division of the High Court under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018; “Official Receiver” means the Official Receiver as defined in section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018; “related corporation”, in relation to a corporation, means another corporation that is deemed under section 44C(2) to be related to that corporation; “share”, in relation to a corporation, means a share in the share capital of the corporation and includes stock into which all or any of the share capital of the corporation has been converted; “treasury share” has the meaning given by section 4(1) of the Companies Act 1967; “trustee-manager” has the meaning given by section 2 of the Business Trusts Act 2004; “unit” has the meaning given by section 2 of the Business Trusts Act 2004; “unitholder” means a person who holds units in a business trust; “unregistered company” has the meaning given by section 245 of the Insolvency, Restructuring and Dissolution Act 2018; “voting share” has the meaning given by section 4(1) of the Companies Act 1967 but does not include a treasury share. [13/2020] (2) A reference in this Part to the control of a percentage of the voting power in a designated entity, designated business trust or designated trust is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the designated entity, a general meeting of the unitholders of the designated business trust, or a general meeting of the beneficiaries of the designated trust, as the case may be. [13/2020] (3) In ascertaining a person’s control of the percentage of the total number of votes that might be cast at a general meeting mentioned in subsection (2), the number of votes that the person is entitled to cast at the meeting by reason of having been appointed a proxy or representative to vote at the meeting is to be disregarded. [13/2020] (4) In this Part — ( a ) a reference to the business or undertaking of a designated business trust means the business or undertaking carried on by the trustee-manager of the designated business trust on behalf of the designated business trust; and ( b ) a reference to the business or undertaking of a designated trust means the business or undertaking carried on by the trustee of the designated trust on behalf of the designated trust. [13/2020]


document_id: pua-2001
provision_ref: s44B
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44B
title: What holding an equity interest means
content:
44B. —(1) A person holds an equity interest under this Part if the person — ( a ) has or is deemed to have an equity interest in accordance with subsections (2) to (8); or ( b ) otherwise has a legal or equitable interest in that equity interest, except for any interest prescribed by regulations made under section 72 as an interest that is to be disregarded. [13/2020] (2) Subject to subsection (3), a person has an equity interest if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, that equity interest. [13/2020] (3) It is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, the equity interest mentioned in subsection (2) is, or is capable of being made, subject to restraint or restriction. [13/2020] (4) It is immaterial, for the purposes of determining whether a person has an equity interest, that the interest cannot be related to a particular share, an interest or a right that gives its holder voting power, or a unit of a business trust, as the case may be. [13/2020] (5) A person is deemed to have an equity interest if — ( a ) any property held in trust consists of or includes the equity interest; and ( b ) the person knows, or has reasonable grounds for believing, that the person has an interest under that trust. [13/2020] (6) A person is also deemed to have an equity interest if that person — ( a ) has entered into a contract to purchase the equity interest; ( b ) has a right, otherwise than by reason of having an interest under a trust, to have the equity interest transferred to (or to the order of) that person, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; ( c ) has the right to acquire the equity interest under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; or ( d ) is entitled (otherwise than by reason of having been appointed a proxy or representative to vote (as the case may be) at a general meeting of the entity, a general meeting of the unitholders of the designated business trust, or a general meeting of the beneficiaries of the designated trust in question) to exercise or control the exercise of a right attached to the equity interest, not being an equity interest in which that person has a legal or equitable interest. [13/2020] (7) A person is not to be deemed as not having an equity interest by reason only that the person has the equity interest jointly with another person. [13/2020] (8) An equity interest is not to be disregarded by reason only of — ( a ) its remoteness; ( b ) the manner in which it arose; or ( c ) the fact that the exercise of a right conferred by the equity interest is, or is capable of being made, subject to restraint or restriction. [13/2020] (9) Regulations made under section 72 may provide that any equity interest is to be disregarded for the purposes of this section or any subsection of this section. [13/2020]


document_id: pua-2001
provision_ref: s44C
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44C
title: Meaning of “associate”
content:
44C. —(1) In this Part, a person ( A ) is an associate of another person ( B ) if — ( a ) A is the spouse, or a parent, step-parent or remoter lineal ancestor, or a son, stepson, daughter, stepdaughter or remoter issue, or a brother or sister, of B ; ( b ) A is a partner of B in a partnership or limited liability partnership; ( c ) A is a corporation of which B is an officer; ( d ) B is a corporation of which A is an officer; ( e ) A and B are officers of the same corporation; ( f ) A is an employee of B ; ( g ) B is an employee of A ; ( h ) A and B are employees of the same employer; ( i ) A is the trustee of a discretionary trust where B (or another person who is an associate of B by virtue of any paragraph, except this paragraph and paragraphs ( j ) and ( r )) benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed entities or trusts; ( j ) B is the trustee of a discretionary trust where A (or another person who is an associate of A by virtue of any paragraph, except this paragraph and paragraphs ( i ) and ( r )) benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed entities or trusts; ( k ) A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, where B is a corporation, of the directors of B ; ( l ) B is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A ; ( m ) A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, where B is a corporation, of the directors of B ; ( n ) B is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A ; ( o ) A is a related corporation of B or B is a related corporation of A ; ( p ) A is a corporation in which B , alone or together with other associates of B as described in paragraphs ( b ) to ( o ), is in a position to control at least 20% of the voting power in A ; ( q ) B is a corporation in which A , alone or together with other associates of A as described in paragraphs ( b ) to ( o ), is in a position to control at least 20% of the voting power in B ; ( r ) A is a person with whom B enters, or proposes to enter, into an agreement or arrangement (whether oral or in writing and whether express or implied) that relates to any of the following matters: (i) A and B being in a position, by acting together, to control any of the voting power in a designated entity, designated business trust or designated trust; (ii) A and B acting together with respect to the acquisition, holding or disposal of equity interests or other interests in a designated entity, designated business trust or designated trust; (iii) the power of A and B , by acting together, to appoint or remove a director of a designated entity, a director of the trustee-manager of a designated business trust or, where the trustee of a designated trust is a corporation, a director of the trustee; (iv) the situation where one or more of the directors of — (A) a designated entity; (B) the trustee-manager of a designated business trust; or (C) the trustee of a designated trust, where the trustee is a corporation, is or are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of A and B acting together; ( s ) A controls more than half of the voting power of a holding company of B ; ( t ) B controls more than half of the voting power of a holding company of A ; or ( u ) A is related to B in such other manner as may be prescribed by regulations made under section 72. [13/2020] (2) A corporation ( A ) and another corporation ( B ) are deemed to be related to each other for the purposes of this section where A is — ( a ) the holding company of B ; ( b ) a subsidiary of B ; or ( c ) a subsidiary of the holding company of B . [13/2020] (3) For the purposes of this section, a corporation ( A ) is, subject to subsection (5), deemed to be a subsidiary of another corporation ( B ) if — ( a ) B controls the composition of the board of directors of A ; ( b ) B controls more than half of the voting power of A ; or ( c ) A is a subsidiary of any corporation which is B ’s subsidiary. [13/2020] (4) For the purposes of subsection (3), the composition of A ’s board of directors is deemed to be controlled by B if, by the exercise of some power exercisable by B without the consent or concurrence of any other person, B can appoint or remove all or a majority of the directors, and for the purposes of this provision, B is deemed to have power to make such an appointment if — ( a ) a person cannot be appointed as a director without the exercise in the person’s favour by B of such a power; or ( b ) a person’s appointment as a director follows necessarily from that person being a director or other officer of B . [13/2020] (5) In determining whether one corporation ( A ) is the subsidiary of another corporation ( B ) — ( a ) any shares held or power exercisable by B in a fiduciary capacity is treated as not held or exercisable by B ; ( b ) subject to paragraphs ( c ) and ( d ), any shares held or power exercisable — (i) by any person as a nominee for B (except where B is concerned only in a fiduciary capacity); or (ii) by, or by a nominee for, a subsidiary of B , not being a subsidiary which is concerned only in a fiduciary capacity, is to be treated as being held or exercisable by B ; ( c ) any shares held or power exercisable by any person by virtue of the provisions of any debentures of A , or of a trust deed for securing any issue of such debentures, is to be disregarded; and ( d ) any shares held or power exercisable by, or by a nominee for, B or its subsidiary (not being held or exercisable as mentioned in paragraph ( c )) is to be treated as not held or exercisable by B if the ordinary business of B or its subsidiary (as the case may be) includes the lending of money and the shares are so held or power is so exercisable by way of security only for the purposes of a transaction entered into in the ordinary course of that business. [13/2020] (6) A reference in this section to the holding company of a company or other corporation is to be read as a reference to a corporation of which the last mentioned company or corporation is a subsidiary. [13/2020] (7) For the purposes of this section, the Depository is not to be regarded as a holding company of a corporation by reason only of the shares it holds in that corporation as a bare trustee. [13/2020] (8) Regulations made under section 72 may provide that any person or class of persons is not an associate of another person for the purposes of any provision of this Part. [13/2020] (9) In this section — “Depository” has the meaning given by section 81SF of the Securities and Futures Act 2001; “officer”, in relation to a corporation, means a director or secretary of, or any person employed in an executive capacity by, the corporation. [13/2020] Division 2 &#x2014; Designation and controllers of designated
entities, designated business trusts and designated trusts


document_id: pua-2001
provision_ref: s44D
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44D
title: Designation of designated entity, designated business trust and designated trust
content:
44D. —(1) The Board may, after consultation with the Minister — ( a ) designate as a designated entity any entity that has a contract with the Board — (i) to supply water to the Board; or (ii) to collect, treat, recover or dispose of used water (including sewage, waste matter and effluent); ( b ) designate as a designated business trust a business trust that is established wholly or partly in respect of — (i) the supply of water to the Board; or (ii) the collection, treatment, recovery or disposal of used water (including sewage, waste matter and effluent); and ( c ) designate as a designated trust a trust that is established wholly or partly in respect of — (i) the supply of water to the Board; or (ii) the collection, treatment, recovery or disposal of used water (including sewage, waste matter and effluent), if the Board considers that such designation is necessary in the public interest. [13/2020] (2) Any designation under subsection (1) must be notified in the Gazette . [13/2020]


document_id: pua-2001
provision_ref: s44E
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44E
title: Notice to Board by 5% controller
content:
44E. —(1) If a person becomes, on or after 1 April 2020, a 5% controller of a designated entity, designated business trust or designated trust, that person must, within 7 days after becoming the 5% controller, give written notice to the Board of that fact. [13/2020] (2) Any person who contravenes subsection (1) shall be guilty of an offence. [13/2020] (3) In any proceedings for an offence in relation to a contravention of subsection (1), it is a defence for the accused to prove that the accused — ( a ) was not aware of the contravention when it occurred; and ( b ) notified the Board of the contravention within a period of 14 days after becoming aware of the contravention. [13/2020] (4) In any proceedings for an offence in relation to a contravention of subsection (1), it is also a defence for the accused to prove that even though the accused was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity, designated business trust or designated trust, as the case may be; ( b ) the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated entity, designated business trust or designated trust, as the case may be; and ( c ) the accused notified the Board of the contravention within a period of 7 days after the contravention. [13/2020] (5) Except as provided in subsections (3) and (4), it is not a defence in any proceedings for an offence in relation to a contravention of subsection (1) to prove that the accused did not intend to or did not knowingly contravene subsection (1). [13/2020]


document_id: pua-2001
provision_ref: s44F
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44F
title: Approvals of Board in relation to equity interests and control of voting power in certain cases
content:
44F. —(1) Except with the prior written approval of the Board, a person must not become, on or after 1 April 2020, a 12% controller or 30% controller of a designated entity, designated business trust or designated trust. [13/2020] (2) Subsection (1) does not apply where the transaction through which a person becomes a 12% controller or 30% controller is entered into before 1 April 2020. [13/2020] (3) Except with the prior written approval of the Board, a person must not become, on or after 1 April 2020, an indirect controller of a designated entity, designated business trust or designated trust. [13/2020] (4) A person must not acquire, on or after 1 April 2020, as a going concern the business or undertaking, or any part of the business or undertaking, of a designated entity, a designated business trust or a designated trust which relates to — ( a ) the supply of water to the Board; or ( b ) the collection, treatment, recovery or disposal of used water (including sewage, waste matter and effluent), unless the person, and the designated entity, the trustee-manager of the designated business trust, or the trustee of the designated trust (as the case may be) have obtained the prior written approval of the Board. [13/2020] (5) On an application for approval under subsection (1) or (3), the Board may approve the application if the Board is satisfied — ( a ) that the person who is to become a 12% controller or 30% controller or an indirect controller of a designated entity, designated business trust or designated trust (as the case may be) and every associate of that person, is a fit and proper person; ( b ) that having regard to the influence of — (i) the person mentioned in paragraph ( a ); and (ii) every associate of that person, the designated entity, designated business trust or designated trust (as the case may be) will continue to conduct its business or undertaking prudently and continue its business or undertaking of supplying water to the Board or of collecting, treating, recovering or disposing of used water (including sewage, waste matter and effluent); and ( c ) that it is in the public interest to do so. [13/2020] (6) On an application for approval under subsection (4), the Board may approve the application if the Board is satisfied — ( a ) that the person acquiring the business or undertaking is a fit and proper person; ( b ) that the acquisition will not affect the security and reliability of the supply of water in Singapore; and ( c ) that it is in the public interest to do so. [13/2020] (7) An approval of the Board under this section may be granted subject to any conditions that the Board considers appropriate to impose. [13/2020] (8) Any condition imposed by the Board under subsection (7) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the designated entity, designated business trust or designated trust in relation to which the application for approval under subsection (1), (3) or (4) is made. [13/2020] (9) Any person who is aggrieved by the Board’s refusal to grant an approval required under subsection (1), (3) or (4) or by the imposition of any condition under subsection (7) may within 14 days after being informed of the refusal or the imposition of the condition (as the case may be) appeal to the Minister whose decision is final. [13/2020] (10) Any person who contravenes subsection (1), (3) or (4) shall be guilty of an offence. [13/2020] (11) In any proceedings for an offence in relation to a contravention of subsection (1), it is a defence for the accused to prove that — ( a ) the accused was not aware of the contravention when it occurred; ( b ) the accused notified the Board of the contravention within a period of 14 days after becoming aware of the contravention; and ( c ) where the Board issued any direction under section 44G relating to the contravention and the holding of equity interests or the control of voting power by the accused in the designated entity, designated business trust or designated trust, as the case may be — (i) the accused complied with the direction within the period determined by the Board under that section; or (ii) the period determined by the Board under that section for the compliance of the direction has not expired. [13/2020] (12) In any proceedings for an offence in relation to a contravention of subsection (1), it is also a defence for the accused to prove that even though the accused was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity, designated business trust or designated trust, as the case may be; ( b ) the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated entity, designated business trust or designated trust, as the case may be; ( c ) the accused notified the Board of the contravention within a period of 7 days after the contravention; and ( d ) where the Board issued any direction under section 44G relating to the contravention and the holding of equity interests or the control of voting power by the accused in the designated entity, designated business trust or designated trust, as the case may be — (i) the accused complied with the direction within the period determined by the Board under that section; or (ii) the period determined by the Board under that section for the compliance of the direction has not expired. [13/2020] (13) In any proceedings for an offence in relation to a contravention of subsection (3), it is a defence for the accused to prove that — ( a ) the accused was not aware of the contravention when it occurred; ( b ) the accused notified the Board of the contravention within a period of 14 days after the contravention; and ( c ) where the Board issued any direction under section 44G relating to the contravention and the accused becoming an indirect controller of the designated entity, designated business trust or designated trust, as the case may be — (i) the accused complied with the direction within the period determined by the Board under that section; or (ii) the period determined by the Board under that section for the compliance of the direction has not expired. [13/2020] (14) Except as provided in subsections (11), (12) and (13), it is not a defence in any proceedings for an offence in relation to a contravention of subsection (1) or (3) to prove that the accused did not intend to or did not knowingly contravene subsection (1) or (3), as the case may be. [13/2020]


document_id: pua-2001
provision_ref: s44G
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44G
title: Remedial directions
content:
44G. —(1) This section applies if the Board is satisfied that — ( a ) the person mentioned in subsection (2), (3) or (4) has contravened section 44F(1), (3) or (4), as the case may be; ( b ) any condition of approval imposed on a person under section 44F(7) has not been complied with; ( c ) a person has provided false or misleading information or documents in connection with an application for approval under section 44F(1), (3) or (4), as the case may be; ( d ) in the case of a person who had obtained the Board’s approval under section 44F(5) — (i) the person or any associate of the person is not, or has ceased to be, a fit and proper person; (ii) that having regard to the influence of the person or of any associate of the person, the designated entity, designated business trust or designated trust (as the case may be) is not, or is no longer likely to continue to conduct its business or undertaking prudently or is not, or is no longer likely to continue its business or undertaking of supplying water to the Board or of collecting, treating, recovering or disposing of used water (including sewage, waste matter and effluent); or (iii) it is not, or is no longer, in the public interest to allow the person to continue to be a 12% controller, a 30% controller or an indirect controller, as the case may be; ( e ) in the case of a person who had obtained the Board’s approval under section 44F(6) — (i) the person is not or has ceased to be a fit and proper person; or (ii) it is not, or is no longer, in the public interest to allow the person to continue to own or manage the business or undertaking or the part of the business or undertaking that was acquired; or ( f ) the Board would not have granted its approval to a person under section 44F(5) or (6) (as the case may be) if the Board had been aware, at the time, of circumstances relevant to the person’s application for the approval. [13/2020] (2) Where the person mentioned in subsection (1) is a 12% controller or 30% controller of a designated entity, designated business trust or designated trust, the Board may do any one or more of the following: ( a ) direct the person to take such steps as are necessary, within the period specified by the Board, to cease to be a 12% controller or 30% controller (as the case may be) of the designated entity, designated business trust or designated trust, as the case may be; ( b ) direct the transfer or disposal of all or any of the equity interest in the designated entity, designated business trust or designated trust (as the case may be) held by the person or any of the person’s associates (called in this section and section 44H the specified equity interest), within such time and subject to such conditions as the Board considers appropriate; ( c ) direct that the transfer or disposal of all or any of the specified equity interest be restricted, subject to any conditions that the Board considers appropriate; ( d ) make any other direction that the Board considers appropriate. [13/2020] (3) Where the person mentioned in subsection (1) is an indirect controller of a designated entity, designated business trust or designated trust, the Board may do one or both of the following: ( a ) direct the person, or direct the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) to take such steps as are necessary, within the period specified by the Board, to cease to be such an indirect controller or to cause the person to cease to be such an indirect controller, as the case may be; ( b ) make any other direction that the Board considers appropriate. [13/2020] (4) Where the person mentioned in subsection (1) has acquired as a going concern a business or an undertaking mentioned in section 44F(4), the Board may do one or both of the following: ( a ) direct the person to transfer or dispose of all or any part of the business or undertaking within such time and subject to any conditions that the Board considers appropriate; ( b ) make any other direction that the Board considers appropriate. [13/2020] (5) Before issuing any direction to a person under subsection (2), (3) or (4), the Board must — ( a ) unless the Board decides that it is not practicable or desirable to do so, give the person written notice of the Board’s intention to issue the direction and specify a date by which the person may make written representations with regard to the direction; and ( b ) consider every written representation from the person received on or before the specified date mentioned in paragraph ( a ). [13/2020] (6) The Board may, at any time, revoke, vary or discharge any direction under subsection (2), (3) or (4) or suspend the operation of any such direction. [13/2020] (7) Any person who is aggrieved by the Board’s decision to issue a direction under subsection (2), (3) or (4) or to vary a direction under subsection (6) may, within 14 days after being informed of the decision, appeal to the Minister whose decision is final. [13/2020] (8) Despite the fact that any appeal under subsection (7) is pending, any direction issued by the Board under subsection (2), (3) or (4) and any variation of a direction under subsection (6) take effect from the date specified by the Board, unless the Minister otherwise directs. [13/2020] (9) Any person who fails to comply with a direction issued by the Board under subsection (2), (3) or (4) (including a direction that is varied under subsection (6)) within the period specified by the Board shall be guilty of an offence. [13/2020]


document_id: pua-2001
provision_ref: s44H
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44H
title: Effect of remedial directions, etc.
content:
44H. —(1) Any direction issued to a person, and any condition imposed, under section 44G(2), (3) or (4) take effect, despite — ( a ) the Business Trusts Act 2004, the Companies Act 1967 and the Limited Liability Partnerships Act 2005; ( b ) anything in any listing rules as defined in section 2(1) of the Securities and Futures Act 2001; and ( c ) the provisions of the memorandum or articles of association, trust deed or other constitution of the designated entity, designated business trust or designated trust in question. [13/2020] (2) Without affecting subsection (1), where any direction is issued under section 44G(2) or (3), then, until the direction is carried out or is discharged, suspended or revoked — ( a ) the voting rights in respect of the specified equity interest that is subject to the direction are not exercisable unless the Board expressly permits those rights to be exercised; ( b ) the voting power that the person to whom the direction is issued controls, whether alone or together with that person’s associates, in the designated entity, designated business trust or designated trust (as the case may be) is not exercisable unless the Board expressly permits that power to be exercised; ( c ) no equity interest in the designated entity, designated business trust, or designated trust is to be issued or offered (whether by way of dividends or otherwise) in respect of the specified equity interest that is subject to the direction, unless the Board expressly permits that issue or offer; and ( d ) no amount may be paid (whether by way of profits, income or otherwise) in respect of the specified equity interest that is subject to the direction, unless the Board expressly authorises that payment. [13/2020] (3) Subsection (2)( d ) does not apply in the event of a winding up, dissolution or termination of the designated entity, designated business trust or designated trust, as the case may be. [13/2020]


document_id: pua-2001
provision_ref: s44I
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44I
title: Restrictions on voluntary winding up, etc.
content:
44I. —(1) Despite any other written law — ( a ) a designated entity that is a corporation or a limited liability partnership cannot be wound up voluntarily without the consent of the Board; ( b ) a designated entity that is a partnership cannot be dissolved — (i) by a partner giving notice to the other partner or other partners (as the case may be) of the partner’s intention to dissolve the partnership; or (ii) by the partners agreeing to dissolve the partnership, without the consent of the Board; ( c ) a designated business trust cannot be wound up voluntarily without the consent of the Board; ( d ) a designated trust cannot be wound up or terminated voluntarily without the consent of the Board; ( e ) a person must not make any application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated entity that is a corporation, unless that person has served 14 days’ notice in writing of that person’s intention to make that application on the Board; ( f ) no judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 may be made in relation to a designated entity that is a corporation without the consent of the Board; ( g ) no interim judicial manager or judicial manager may be appointed under section 94 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of a designated entity that is a corporation without the consent of the Board; ( h ) a person must not take any step to enforce any security over a designated entity, the trust property of a designated business trust or the trust property of a designated trust, unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Board; and ( i ) a person must not take any step to enforce any judgment or order of court obtained against a designated entity, designated business trust or designated trust, unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Board. [13/2020] [Act 25 of 2021 wef 01/04/2022] (2) The Board must be a party to — ( a ) 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 designated entity that is a corporation; ( b ) any proceedings relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated entity that is a corporation; ( c ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a designated entity that is a company or an unregistered company; ( d ) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of a designated entity that is a limited liability partnership; and ( e ) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of any designated entity not mentioned in paragraph ( c ) or ( d ), or of any designated business trust or designated trust. [13/2020] (3) A court must, when deciding any proceedings mentioned in subsection (2), take into consideration any representations made by the Board in those proceedings. [13/2020]


document_id: pua-2001
provision_ref: s44J
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44J
title: Penalties under this Division
content:
44J. A person guilty of an offence under this Division shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. [13/2020] Division 3 &#x2014; Special administration order


document_id: pua-2001
provision_ref: s44K
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44K
title: Meaning and effect of special administration order
content:
44K. —(1) A special administration order is an order of the Minister, made in accordance with section 44L in relation to a designated entity, designated business trust or designated trust, directing that, during the period for which the order is in force, the affairs, business and property of that designated entity, designated business trust or designated trust (as the case may be) is to be managed by a person appointed by the Minister (which may include the Board) — ( a ) for securing one or more of the purposes of such order set out in subsection (2); and ( b ) in a manner which protects the respective interests of the shareholders, unitholders or beneficiaries (as the case may be) and the creditors of, the designated entity, designated business trust or designated trust, as the case may be. [13/2020] (2) The purposes mentioned in subsection (1)( a ) are the following: ( a ) the security and reliability of the supply of water in Singapore; ( b ) the survival of the designated entity, designated business trust or designated trust (as the case may be), or the whole or any part of its business or undertaking, as a going concern; ( c ) the transfer to another person, or (as respects different parts of its business or undertaking) to 2 or more different persons, as a going concern, of so much of the business or undertaking of a designated entity, designated business trust or designated trust as it is necessary to transfer in order to ensure that the obligations of the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) under or in respect of any contract with the Board — (i) to supply water to the Board; or (ii) to collect, treat, recover or dispose of used water (including sewage, waste matter and effluent), may be properly carried out; ( d ) the carrying out of the obligations of the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) under or in respect of any contract with the Board — (i) to supply water to the Board; or (ii) to collect, treat, recover or dispose of used water (including sewage, waste matter and effluent), pending the making of the transfer, as a going concern, of the business or undertaking of the designated entity, designated business trust or designated trust to any other person or persons. [13/2020] (3) The Minister may make regulations under section 72 for giving effect to this Division, including — ( a ) regulations governing the transfer of a business or an undertaking of a designated entity, designated business trust or designated trust referred to in subsection (2)( c ); and ( b ) where a special administration order is made, regulations for applying, omitting or modifying the provisions of Part 7 of the Insolvency, Restructuring and Dissolution Act 2018. [13/2020]


document_id: pua-2001
provision_ref: s44L
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44L
title: Power to make special administration order, etc.
content:
44L. —(1) If, on an application made to the Minister by the Board in relation to a designated entity, designated business trust or designated trust, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to that designated entity, designated business trust or designated trust (as the case may be), the Minister may make any one or more of the following orders: ( a ) a special administration order in relation to that designated entity, designated business trust or designated trust, as the case may be; ( b ) an order requiring the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) immediately to take any action or to do or not to do any act or thing in relation to the business or undertaking of the designated entity, the designated business trust or the designated trust as the Minister may consider necessary; ( c ) an order appointing a person to advise that designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) in the proper conduct of the business or undertaking of the designated entity, the designated business trust or the designated trust. [13/2020] (2) The grounds mentioned in subsection (1) are the following: ( a ) the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) is or is likely to be unable to pay its debts; ( b ) the occurrence of a public emergency; ( c ) the Minister considers it in the interest of the security and reliability of the supply of water in Singapore; ( d ) the Minister considers it to be in the public interest. [13/2020] (3) The Minister may make a special administration order in relation to a designated entity, designated business trust or designated trust, despite the commencement of (if applicable) — ( a ) 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 designated entity that is a corporation; ( b ) any proceedings relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated entity that is a corporation; ( c ) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of a designated entity that is a corporation; ( d ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a designated entity that is a company or an unregistered company; ( e ) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of a designated entity that is a limited liability partnership; or ( f ) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of any designated entity not mentioned in paragraph ( d ) or ( e ), or of any designated business trust or designated trust. [13/2020] (4) Notice of any application under subsection (1) must be given immediately by the Board to such persons and in such manner as may be determined by the Board. [13/2020] (5) Any order made by the Minister under subsection (1) must be published in such manner as will secure adequate publicity. [13/2020] (6) Any decision of the Minister under subsection (1) is final. [13/2020] (7) For the purposes of this section — ( a ) a designated entity that is a company 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; ( b ) a designated entity that is an unregistered company is unable to pay its debts if it is deemed to be unable to pay its debts under section 246(2) of the Insolvency, Restructuring and Dissolution Act 2018; and ( c ) a designated entity that is a limited liability partnership is unable to pay its debts if it is deemed to be unable to pay its debts under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act 2005. [13/2020] (8) The Minister may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) to any person appointed by the Minister under subsection (1)( c ) to advise the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) in the proper conduct of its business or undertaking. [13/2020] (9) Where — ( a ) the Minister issues an order under subsection (1) to a designated entity, the trustee-manager of a designated business trust or the trustee of a designated trust; and ( b ) the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) fails to comply with that order, the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) shall be guilty of an offence. [13/2020]


document_id: pua-2001
provision_ref: s44M
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES, DESIGNATED
section: 44M
title: Transfer of property, etc., under special administration order
content:
44M. —(1) Without limiting sections 44K and 44L, a special administration order may provide for the following matters: ( a ) the transfer of — (i) the property, rights and liabilities of a designated entity; (ii) the trust property of the designated business trust, and the rights held and the liabilities incurred by the trustee-manager of the designated business trust in its capacity as trustee-manager of the designated business trust; or (iii) the trust property of the designated trust, and the rights held and the liabilities incurred by the trustee of the designated trust in the person’s capacity as trustee of the designated trust, as the case may be, to one or more prescribed transferees; ( b ) matters that are consequential or related to any such transfer. [13/2020] (2) If the Minister makes a special administration order providing for any matter mentioned in subsection (1), the Minister must, within the time specified in subsection (4), by notification in the Gazette , establish a scheme for determining the amount of any compensation payable by the prescribed transferee to the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) for the transfer of the property, rights and liabilities. [13/2020] (3) A scheme established under subsection (2) may provide for — ( a ) the manner in which any compensation or consideration is to be assessed, including methods of calculation, valuation dates and matters to be taken into account or disregarded when making valuations; ( b ) the assessment to be made by an independent valuer appointed by the Minister; and ( c ) the remuneration and expenses of the independent valuer. [13/2020] (4) Subject to subsection (5), the time specified for the purposes of subsection (2) is within 6 months after the making of the special administration order mentioned in subsection (2). [13/2020] (5) The time specified in subsection (4) may be extended by agreement of the prescribed transferee and the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) to which the scheme established under subsection (2) relates. [13/2020] (6) In this section, “prescribed transferee” means — ( a ) the Board; or ( b ) a person nominated by the Board. [13/2020]


document_id: pua-2001
provision_ref: s45
chapter: PART 5 - OFFENCES
section: 45
title: Maintenance of water service installation
content:
45. —(1) Any person responsible for the maintenance of any water service installation must ensure that the water service installation is properly maintained, kept in a fit and safe condition, and free from any defect. (2) Any person responsible for the maintenance of any water service installation in any residential, commercial or industrial premises having any storage tank must, whenever the Board so requires, engage a professional engineer to inspect and certify that — ( a ) the water service installation is fit and safe to use; ( b ) the water service installation is properly maintained and there is no contamination or pollution or likelihood of any contamination or pollution to the water in the water service installation; and ( c ) there is no leakage and no likelihood of leakage in the water service installation. [9/2012; 11/2018; 13/2020] (3) Every professional engineer engaged under subsection (2) must ensure that the requirements set out in that subsection are complied with. (4) If any of the requirements set out in subsection (2) is not complied with, the professional engineer must immediately notify — ( a ) the person responsible for the maintenance of the water service installation; and ( b ) the Board, of the non-compliance and the remedial measures that have to be taken by that person. (5) Upon notification by the professional engineer, the person mentioned in subsection (4)( a ) must immediately take the remedial measures. (6) The professional engineer must issue a certificate of inspection and fitness to the person responsible for the maintenance of the water service installation if the professional engineer is satisfied that the water service installation complies with all the requirements set out in subsection (2). (7) Any person who contravenes any of the provisions of this section shall be guilty of an offence. (8) Regulations made under section 72 may specify — ( a ) the persons responsible for the matters mentioned in subsections (1) and (2); and ( b ) additional responsibilities of any person responsible in relation to a water service installation, or any part of the water service installation. [11/2018]


document_id: pua-2001
provision_ref: s45A
chapter: PART 5 - OFFENCES
section: 45A
title: Security of water service installation having certain storage tank
content:
45A. —(1) A person responsible for the security of a water service installation having a storage tank from which piped water suitable for drinking (excluding NEWater) is drawn must ensure that — ( a ) the storage tank (including any tap fitted to the storage tank) and its appurtenances; and ( b ) the premises where the storage tank and its appurtenances are located, are secured against unauthorised access and tampering. [13/2020] (2) Subject to subsection (3), a person ( A ) responsible for the security of a water service installation having a storage tank from which piped water suitable for drinking (excluding NEWater) is drawn must ensure that — ( a ) no person, except with A ’s authority, has access to — (i) the storage tank (including any tap fitted to the storage tank) and its appurtenances; or (ii) the premises where the storage tank and its appurtenances are located; ( b ) the storage tank (including any tap fitted to the storage tank) and its appurtenances, and the premises where the storage tank and its appurtenances are located, are kept properly locked at all times; ( c ) checks are conducted regularly for the purpose of ascertaining whether paragraph ( b ) is being complied with; ( d ) proper records are kept of — (i) persons granted access to the storage tank (including any tap fitted to the storage tank) and its appurtenances, or the premises where the storage tank and its appurtenances are located; and (ii) checks conducted under paragraph ( c ), and that those records are made available for inspection by an authorised officer; and ( e ) the Board is notified without delay of any unauthorised access to the storage tank (including any tap fitted to the storage tank) or its appurtenances which comes to A ’s knowledge. [13/2020] (3) Subsection (2) does not apply to a person responsible for the security of a water service installation having any storage tank in residential premises which do not take their water supply through a master meter. [13/2020] (4) A person must not, except with the express permission of the person responsible for the security of a water service installation having a storage tank from which piped water suitable for drinking (excluding NEWater) is drawn — ( a ) enter the premises where the storage tank and its appurtenances are located; or ( b ) open or operate the storage tank or its appurtenances. [13/2020] (5) Any person who, without reasonable excuse, contravenes subsection (1), (2) or (4) 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 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. [13/2020] (6) In this section — “appurtenances”, in relation to a storage tank, means any equipment attached or linked to the storage tank that is necessary to ensure the proper functioning of the storage tank; “NEWater” means NEWater supplied through the water reticulation system of the Board to persons who have entered into an agreement with the Board for the supply of NEWater. [13/2020] (7) Regulations made under section 72 may specify the person or persons responsible for the security of a water service installation having a storage tank. [13/2020]


document_id: pua-2001
provision_ref: s46
chapter: PART 5 - OFFENCES
section: 46
title: Duties of person laying pipes
content:
46. —(1) Any person who lays any pipe in the vicinity of another pipe must, if one of the pipes is or is to be used to convey water suitable for drinking and the other pipe is or is to be used to convey water for any other purpose, or any other substance or thing, clearly mark the pipes so that they can be distinguished from each other. [11/2018] (2) A person who lays, repairs, modifies or replaces any pipe in the vicinity of another pipe must, if one of the pipes is or is to be used to convey water suitable for drinking and the other pipe is or is to be used to convey water for any other purpose, or to convey any other substance or thing, ensure that the pipes do not become connected or cross-connected to each other. [11/2018] (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence.


document_id: pua-2001
provision_ref: s47
chapter: PART 5 - OFFENCES
section: 47
title: Damage to property of Board
content:
47. —(1) Any person who, whether wilfully or otherwise — ( a ) removes, destroys or damages any property belonging to or under the management or control of the Board; or ( b ) hinders or prevents the property 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 $10,000 or to imprisonment for a term not exceeding 3 years or to both. [9/2012] (2) In any proceedings for an offence under subsection (1), it is a defence for the person charged under that subsection to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence, but this defence is not available to any person who may be liable by virtue of section 56A. [9/2012] (3) If it appears to the Board that there has been a contravention of subsection (1), the Board may, by written notice, require any person who has done any of the acts referred to in that subsection or any other person who may be liable under that subsection by virtue of section 56A (called in this section the person in default) to carry out such works as may be necessary to restore the property to its original condition, or to replace it, within the time specified in the notice. [9/2012] (3A) All costs and expenses incurred by a person in complying with the notice mentioned in subsection (3) must be borne by the person. [Act 27 of 2023 wef 01/01/2024] (4) If the Board is of the opinion that immediate action is necessary or expedient or that the property cannot be restored by the person in default, the Board may, instead of issuing the notice under subsection (3) — ( a ) carry out such works as are necessary to restore the property to its original condition, or replace the property; and ( b ) recover as a debt due to it all expenses reasonably incurred in doing so from the person in default. [9/2012] [Act 27 of 2023 wef 01/01/2024] (5) If the person to whom a notice is given under subsection (3) fails to comply with the notice within the time specified, the Board may carry out the works specified in the notice in such manner as it thinks fit and recover as a debt due to it all expenses reasonably incurred in doing so from the person in default. [9/2012] [Act 27 of 2023 wef 01/01/2024] (6) Without affecting the Board’s right to exercise its powers under subsection (5), any person who, without reasonable excuse, fails to comply with a notice given to the person under subsection (3) shall be guilty of an offence. [9/2012] (7) Nothing in this section prohibits the Board from carrying out any works specified in a notice under subsection (3) at the request of a person on whom the notice has been served, upon the person undertaking to pay the Board’s costs and expenses in carrying out the works. [Act 27 of 2023 wef 01/01/2024] (8) Nothing in subsection (7) imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to carry out the works mentioned in that subsection. [Act 27 of 2023 wef 01/01/2024]


document_id: pua-2001
provision_ref: s47A
chapter: PART 5 - OFFENCES
section: 47A
title: Damage to water mains and installations, etc.
content:
47A. —(1) Any person who, whether wilfully or otherwise, removes, destroys or damages or causes or permits to be removed, destroyed or damaged, any water main or connecting pipe belonging to or under the management or control of the Board shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) if the water main or connecting pipe is 300 mm or more in diameter, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 3 years or to both. [9/2012; 11/2018] (2) Any person who, whether wilfully or otherwise, removes, destroys or damages or causes or permits to be removed, destroyed or damaged any part of — ( a ) an installation or water installation which supplies water to the Board; or ( b ) an installation or water installation belonging to or under the management or control of the Board, and thereby interferes with the production or supply of water by that installation or water installation, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 3 years or to both. [9/2012] (3) In any proceedings for an offence under subsection (1) or (2), it is a defence for the person charged under either of those subsections to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence, but this defence is not available to any person who may be liable by virtue of section 56A. [9/2012] (4) If it appears to the Board that there has been a contravention of subsection (1) or (2), the Board may, by written notice, require any person who has done any of the acts referred to in subsection (1) or (2) or any other person who may be liable under either of those subsections by virtue of section 56A (called in this section the person in default) to carry out such works as may be necessary to restore the water main, connecting pipe, installation or water installation to its original condition, or to replace it, within the time specified in the notice. [9/2012; 11/2018] (4A) All costs and expenses incurred by a person in complying with the notice mentioned in subsection (4) must be borne by the person. [Act 27 of 2023 wef 01/01/2024] (5) If the Board is of the opinion that immediate action is necessary or expedient or that the water main, connecting pipe, installation or water installation cannot be restored by the person in default, the Board may, instead of issuing the notice under subsection (4) — ( a ) carry out such works as are necessary to restore the water main, connecting pipe, installation or water installation to its original condition, or replace it; and ( b ) recover as a debt due to it all expenses reasonably incurred in doing so from the person in default. [9/2012; 11/2018] [Act 27 of 2023 wef 01/01/2024] (6) If the person to whom a notice is given under subsection (4) fails to comply with the notice within the time specified, the Board may carry out the works specified in the notice in such manner as it thinks fit and recover as a debt due to it all expenses reasonably incurred in doing so from the person in default. [9/2012] [Act 27 of 2023 wef 01/01/2024] (7) Without affecting the Board’s right to exercise its powers under subsection (6), any person who, without reasonable excuse, fails to comply with a notice given to the person under subsection (4) shall be guilty of an offence. [9/2012] (7A) Nothing in this section prohibits the Board from carrying out any works specified in a notice under subsection (4) at the request of a person on whom the notice has been served, upon the person undertaking to pay the Board’s costs and expenses in carrying out the works. [Act 27 of 2023 wef 01/01/2024] (7B) Nothing in subsection (7A) imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to carry out the works mentioned in that subsection. [Act 27 of 2023 wef 01/01/2024] (8) In this section, a reference to a “water main” or “connecting pipe” includes, for a water main or connecting pipe situated beneath the seabed, any protective armour or casing surrounding the water main or connecting pipe. [11/2018]


document_id: pua-2001
provision_ref: s48
chapter: PART 5 - OFFENCES
section: 48
title: Compensation for damaging property of Board
content:
48. —(1) Any person who removes, destroys or damages, whether wilfully or otherwise, any property belonging to the Board or hinders or prevents the property from being used or operated in the manner in which it is intended to be used or operated must, in addition to any penalty for which the person is liable for an offence under this Act, be liable to pay compensation for the damage the person has done and the compensation is recoverable by civil action. [Act 27 of 2023 wef 01/01/2024] (2) Any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for payment of the same. (3) Any order made under subsection (2) may be enforced as if it were a judgment in a civil action.


document_id: pua-2001
provision_ref: s49
chapter: PART 5 - OFFENCES
section: 49
title: Falsely pretending to be employee of Board
content:
49. Any person who seeks to obtain entry to any premises by falsely pretending to be an employee of the Board shall be guilty of an offence.


document_id: pua-2001
provision_ref: s50
chapter: PART 5 - OFFENCES
section: 50
title: Unauthorised connection with main, contamination, wastage, etc.
content:
50. —(1) Any person who — ( a ) lays or causes to be laid any pipe or line to communicate with any main, pipe, standpipe, hydrant or line belonging to or under the management or control of the Board without the consent of the Board; ( b ) wastes any water; ( c ) causes contamination to water supplied by the Board; or ( d ) whether wilfully or otherwise, does any act which interferes with or disrupts the supply of the water of the Board, 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 3 years 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. [9/2012] (2) Any person who — ( a ) dishonestly or fraudulently abstracts or uses, or dishonestly or fraudulently diverts or causes to be diverted, any water supplied by the Board; [Act 27 of 2023 wef 01/01/2024] ( b ) without the written consent of the Board, supplies for consideration any other person with any water supplied to the firstmentioned person for any purpose by the Board; ( c ) without the consent of the Board, interferes with, interrupts or obstructs the operation of any meter supplied by the Board; or ( d ) alters or tampers with any meter supplied by the Board, 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 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. [13/2020] (3) Where a person is prosecuted for an offence under subsection (2)( c ) in respect of an AMI meter, the installation, placement or erection by the person of any device, structure or object that is designed or is capable of being used to interfere with, interrupt or obstruct the electromagnetic function of an AMI meter, when the AMI meter is in the custody or under the control of the person, is prima facie evidence that the person has interfered with, interrupted or obstructed the operation of the AMI meter. [13/2020] (4) Where any person is prosecuted for an offence under subsection (2)( d ) — ( a ) the possession by the person of any device for altering the index of any meter or for preventing any meter from duly registering the quantity of water supplied by the Board; ( b ) the existence of any hole on the meter cover of any meter supplied by the Board; or ( c ) the existence of any damage to the seal of any meter, when the meter is in the custody or under the control of the person, is prima facie evidence that the person has altered or tampered with the meter. (5) Without limiting subsection (4), where a person is prosecuted for an offence under subsection (2)( d ) in respect of an AMI meter — ( a ) the existence of a cut in the wires leading to or within the AMI meter; ( b ) the disconnection of wires leading to or within the AMI meter that were connected at the time the AMI meter was supplied; ( c ) the existence of a hole in the body of an AMI meter which did not exist at the time that the AMI meter was supplied; or ( d ) the removal, modification or displacement of, or damage to, any seal, screw, component or mechanism of the AMI meter, when the AMI meter is in the custody or under the control of the person, is also prima facie evidence that the person has altered or tampered with the meter. [13/2020] (6) In any proceedings for an offence under subsection (1) or (2)( b ) or ( d ), it is a defence for the person charged under any of those provisions (but not by virtue of section 56A) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. [9/2012]


document_id: pua-2001
provision_ref: s51
chapter: PART 5 - OFFENCES
section: 51
title: Penalty for obstructing Board in its duty
content:
51. Any person who — ( a ) hinders or obstructs the Board, any employee, agent or contractor of the Board, any authorised officer or other person authorised by the Board in the performance or execution of its, his or her duty, or of anything which it, he or she is empowered or required to do, under this Act; or ( b ) interferes with any work authorised to be done under this Act, shall be guilty of an offence. [9/2012]


document_id: pua-2001
provision_ref: s52
chapter: PART 5 - OFFENCES
section: 52
title: Making of false statements, etc.
content:
52. —(1) Any person who, when giving any information to the Board or making any application under or for the purposes of any provision of this Act, makes any statement which the person knows to be false in a material particular, or who recklessly makes any statement which is false in a material particular, shall be guilty of an offence. (2) Any person who — ( a ) wilfully or fraudulently procures or attempts to procure for himself, herself or itself or for any other person any licence or approval under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration either verbally or in writing; or ( b ) knowingly aids or assists therein, shall be guilty of an offence.


document_id: pua-2001
provision_ref: s53
chapter: PART 5 - OFFENCES
section: 53
title: Certificate of Chief Executive to be evidence of certain facts
content:
53. In any proceedings for an offence under this Act, a certificate purporting to be signed by the Chief Executive and stating that any person described in the certificate is or is not granted a licence or approval under this Act, is sufficient evidence of the matters stated in the certificate.


document_id: pua-2001
provision_ref: s54
chapter: PART 5 - OFFENCES
section: 54
title: Jurisdiction of court
content:
54. 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: pua-2001
provision_ref: s55
chapter: PART 5 - OFFENCES
section: 55
title:
Police officer, authorised officer or authorised person may require evidence of identity in certain cases

content:
55. —(1) Any police officer, authorised officer or such other person as may be authorised by the Board for the purposes of this section (called in this section an authorised person) who reasonably believes that any person has committed an offence under this Act may require that person to furnish evidence of his or her identity and the person must thereupon furnish such evidence of his or her identity as may be required by the police officer, authorised officer or authorised person, as the case may be. [9/2012] (2) The occupier of any premises must, if required by any police officer, authorised officer or authorised person, furnish the occupier’s name and the name and address of the owner of the premises, if known. [9/2012] (3) Any person who — ( a ) refuses to furnish any information required of the person by any police officer, authorised officer or authorised person under this section; or ( b ) wilfully misstates such information, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [9/2012]


document_id: pua-2001
provision_ref: s55A
chapter: PART 5 - OFFENCES
section: 55A
title: Power to examine and secure attendance
content:
55A. —(1) An authorised officer may do all or any of the following: ( a ) issue a written order requiring anyone within the limits of Singapore, who appears to be acquainted with any of the facts and circumstances of matters under this Act, to attend before him or her, and that person must attend as required; ( b ) examine orally any person who appears to be acquainted with the facts and circumstances of matters under this Act — (i) whether before or after that person or anyone else is charged with an offence in connection with the matter; and (ii) whether or not that person is to be called as a witness in any inquiry, trial, or other proceeding in connection with the matter; ( c ) require any person to furnish any information or produce any document or footage recorded by any video surveillance system in the possession of that person in connection with the matter, and may, without payment, inspect, keep, copy or make extracts from that document or footage. [9/2012] [Act 38 of 2024 wef 01/03/2025] (2) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. [9/2012] (3) A statement made by any person examined under this section must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted for him or her in a language that the person understands; and ( d ) after correction, if necessary, be signed by the person. (4) If any person fails to attend as required by an order under subsection (1), the Board may report the failure to a Magistrate who may then issue a warrant ordering the person to attend. [9/2012]


document_id: pua-2001
provision_ref: s55B
chapter: PART 5 - OFFENCES
section: 55B
title: Power to enter and investigate
content:
55B. —(1) An authorised officer may, at any time without notice, enter any premises or board any vessel in any reservoir or waterway, and do all or any of the following for the specified purposes: ( a ) search the premises or vessel and take possession of anything found in the premises or vessel; ( b ) require the production of, and take and retain extracts from or copies of, records, certificates, notices, documents and footage recorded by any video surveillance system (wherever and by whoever they are kept); [Act 38 of 2024 wef 01/03/2025] ( c ) take and retain samples of any materials (whether solid, liquid, gaseous or vapour) found for the purpose of analysis; ( d ) take any photographs or video recordings that the authorised officer thinks necessary; ( e ) require any individual whom the authorised officer finds in the premises or vessel to produce his or her identity card or other identification papers for inspection. [11/2018] (2) In subsection (1), “specified purposes” means all or any of the following purposes: ( a ) to ascertain whether the requirements imposed by or under this Act are complied with; ( b ) to investigate a suspected offence under this Act; ( c ) to investigate whether there is any circumstance that may result in the suspension or cancellation of a plumber’s licence. [11/2018]


document_id: pua-2001
provision_ref: s56
chapter: PART 5 - OFFENCES
section: 56
title: Offences committed by bodies corporate, etc.
content:
56. Where an offence under this Act has been committed by a company, firm, society or other body of persons, and that offence is proved to have been committed with the authority, consent or connivance of any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in any such capacity, that person shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly.


document_id: pua-2001
provision_ref: s56A
chapter: PART 5 - OFFENCES
section: 56A
title: Liability for offence committed by agent or employee
content:
56A. Where an offence under this Act is committed by any person acting as an agent or employee of another person, or being otherwise subject to the supervision or instruction of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without affecting the liability of the firstmentioned person, be liable for that offence in the same manner and to the same extent as if that other person had personally committed the offence unless that other person proves to the satisfaction of the court that the offence was committed without the consent or connivance, and that it was not attributable to any neglect on the part, of that other person. [9/2012]


document_id: pua-2001
provision_ref: s57
chapter: PART 5 - OFFENCES
section: 57
title: Duty to enquire before excavation
content:
57. —(1) Any person who digs, bores, trenches, grades, excavates, tunnels or breaks any ground with any mechanical equipment, tool or explosive, or allows the person’s employee or agent to do so, without first — ( a ) obtaining from the Board the relevant plans or records to ascertain the location of any main or pipe belonging to or under the management or control of the Board that may be interfered with by such works; ( b ) carrying out trial trenches to physically ascertain the location of any such main or pipe that may be interfered with by such works; and ( c ) complying with any other requirements that the Board may specify to protect any such main or pipe within the vicinity of such works, 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 3 years or to both. [9/2012] (2) For the purpose of subsection (1)( a ), any person may, on payment of the prescribed fee, be permitted to inspect and take copies of the relevant plans or records maintained by or on behalf of the Board. [9/2012]


document_id: pua-2001
provision_ref: s58
chapter: PART 5 - OFFENCES
section: 58
title: General penalties
content:
58. Any person guilty of an offence under this Act for which no penalty is expressly provided 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.


document_id: pua-2001
provision_ref: s59
chapter: PART 5 - OFFENCES
section: 59
title: Composition of offences
content:
59. —(1) The Board may — ( a ) compound any offence under section 45A by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $10,000; and ( b ) compound any other offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $3,000. [13/2020] [Act 38 of 2024 wef 01/03/2025] (2) The Board may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. (3) All sums collected under this section must be paid into the Consolidated Fund. [11/2018]


document_id: pua-2001
provision_ref: s60
chapter: PART 6 - TRANSFER TO BOARD OF PROPERTY,
section: 60
title: Transfer to Board of property, assets and liabilities
content:
60. —(1) As from 1 April 2001, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by the Sewerage Department and the Drainage Department and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to the Sewerage Department and the Drainage Department are transferred to and vest in the Board without further assurance, act or deed. (2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Board under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (3) Any immovable property to be transferred to and vested in the Board under subsection (1) must be held by the Board upon such tenure and subject to such terms and conditions as the President may determine. (4) Every proceeding by or against the Government relating to the Sewerage Department or the Drainage Department which is pending on 1 April 2001 may be continued, completed and enforced by or against the Board. (5) Every agreement relating to any of the transferred properties to which the Sewerage Department or the Drainage Department was a party immediately before 1 April 2001, whether or not of such nature that the rights and liabilities under the agreement could be assigned, has effect as from that date as if — ( a ) the Board had been a party to the agreement; and ( b ) for any reference to the Sewerage Department or the Drainage Department there were substituted in respect of anything to be done on or after 1 April 2001 a reference to the Board.


document_id: pua-2001
provision_ref: s61
chapter: PART 6 - TRANSFER TO BOARD OF PROPERTY,
section: 61
title: Transfer of employees
content:
61. —(1) As from 1 April 2001, all persons employed immediately before that date by the Sewerage Department and the Drainage Department are transferred to the service of the Board on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) Until such time as terms and conditions of service are drawn up by the Board, the scheme and terms and conditions of service of the Government continue to apply to every person transferred to the service of the Board under subsection (1) as if he or she were still in the employment of the Government.


document_id: pua-2001
provision_ref: s62
chapter: PART 6 - TRANSFER TO BOARD OF PROPERTY,
section: 62
title: Pension rights, etc., of Government employees to be preserved
content:
62. —(1) The terms and conditions to be drawn up by the Board must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Board under section 61 while in the employment of the Government. (2) Any term or condition relating to the length of service with the Board must provide for the recognition of service of the persons so transferred while in the employment of the Government to be service with the Board. (3) The terms and conditions to be drawn up by the Board must not adversely affect the conditions that would have been applicable to persons transferred to the service of the Board as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (4) Where a person has been transferred to the service of the Board under section 61, the Government is liable to pay to the Board such portion of any pension, gratuity or allowance payable to the person on his or her retirement as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Board. (5) Where any person in the service of the Board, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Board or is discharged from such service, the Board may grant to that person or to any other person or persons wholly or partly dependent on that person, as the Board thinks fit, such allowance or gratuity as the Board may determine.


document_id: pua-2001
provision_ref: s63
chapter: PART 6 - TRANSFER TO BOARD OF PROPERTY,
section: 63
title: No benefits in respect of abolition or reorganisation of office
content:
63. Despite the provisions of the Pensions Act 1956, a person who is transferred to the service of the Board under section 61 is not entitled to claim any benefit under that Act on the ground that he or she has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the reconstitution of the Board.


document_id: pua-2001
provision_ref: s64
chapter: PART 6 - TRANSFER TO BOARD OF PROPERTY,
section: 64
title: Existing contracts
content:
64. All deeds, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 April 2001 to which the Government is a party and relating to the Sewerage Department or the Drainage Department or to any person transferred to the service of the Board under section 61 continue in force on and after that date and are enforceable by or against the Board as if the Board had been named therein or had been a party thereto instead of the Government.


document_id: pua-2001
provision_ref: s65
chapter: PART 6 - TRANSFER TO BOARD OF PROPERTY,
section: 65
title: Continuation and completion of disciplinary proceedings
content:
65. —(1) Where on 1 April 2001 any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Board under section 61, the proceedings must be carried on and completed by the Board. (2) Where on 1 April 2001 any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or decision had been made on the matter, the committee must complete the hearing or investigation and must make such order, ruling or direction as it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee under this section is treated as an order, a ruling or a direction of the Board and has the same force or effect as if it had been made by the Board pursuant to the authority vested in the Board under this Act.


document_id: pua-2001
provision_ref: s66
chapter: PART 6 - TRANSFER TO BOARD OF PROPERTY,
section: 66
title: Misconduct or neglect of duty by employee before transfer
content:
66. The Board may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who, while he or she was in the employment of the Government, had been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the Government and if this Act had not been enacted.


document_id: pua-2001
provision_ref: s67
chapter: PART 7 - MISCELLANEOUS
section: 67
title: Property of Board not fixtures
content:
67. All works, apparatus, fixtures and fittings executed, erected on or affixed to any premises by the Board, or acquired by the Board, continue to remain the property of the Board and do not vest in the owner of the premises. [9/2012]


document_id: pua-2001
provision_ref: s68
chapter: PART 7 - MISCELLANEOUS
section: 68
title: Powers of arrest
content:
68. —(1) Any police officer or any person authorised in writing by the Chief Executive generally or in any particular case may arrest any person committing within 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 his or her name and address; or ( c ) there is reason to doubt the accuracy of the name and address given. (2) A person arrested under this section may be detained until his or her name and address are correctly ascertained. (3) A person arrested under this section must not be detained longer than is necessary for bringing him or her before a court unless the order of a court for his or her continued detention is obtained.


document_id: pua-2001
provision_ref: s68A
chapter: PART 7 - MISCELLANEOUS
section: 68A
title: Compensation, damages, costs and expenses to be determined by Magistrate’s Court or District Court
content:
68A. —(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 are, 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. [9/2012] (2) In any proceeding under subsection (1), the Magistrate’s Court or 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 by the Board in carrying out any works under section 33(2)( b ), 47(4) or (5) or 47A(5) or (6), inquire whether it was reasonable to carry out those works. [9/2012] (3) A Magistrate’s Court or 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. [9/2012] (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 District Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court or District Court, as the case may be. [9/2012] (5) 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 all such appeals. [9/2012; 40/2019]


document_id: pua-2001
provision_ref: s68B
chapter: PART 7 - MISCELLANEOUS
section: 68B
title: Claims for fees, charges and taxes overpaid or erroneously paid
content:
68B. —(1) Except as provided in this section, a person is not entitled to a refund or return of any money that was overpaid or erroneously paid by the person, or erroneously collected from the person, as a fee or charge (including any price mentioned in section 20(1)) or tax under this Act, whether the payment or collection was made before, on or after the date of commencement of section 15 of the Public Utilities (Amendment) Act 2023. (2) A person who overpaid or erroneously paid, or who was the subject of an erroneous collection of, any money mentioned in subsection (1) may make a claim to the Board for the refund or return of any money overpaid, erroneously paid or erroneously collected. (3) A refund or return under subsection (2) may be made only if — ( a ) the person makes the claim within 5 years starting on the date of the overpayment, erroneous payment or erroneous collection; ( b ) the claim is in the form and manner required by the Board; and ( c ) the Board is satisfied that there was an overpayment, erroneous payment or erroneous collection. [Act 27 of 2023 wef 01/01/2025]


document_id: pua-2001
provision_ref: s69
chapter: PART 7 - MISCELLANEOUS
section: 69
title: General exemption
content:
69. The Board may, with the approval of the Minister, either permanently or for any period that it thinks fit, exempt any person or premises or any class of persons or premises from all or any of the provisions of this Act.


document_id: pua-2001
provision_ref: s69A
chapter: PART 7 - MISCELLANEOUS
section: 69A
title: Administrative exemption
content:
69A. —(1) The Board may, upon the application of a particular person, exempt the particular person from the operation of any of the provisions of — ( a ) this Act (including any material incorporated by reference under section 72A); or ( b ) any standards or codes of practice mentioned in paragraph 11 of the Second Schedule, if the Board is satisfied that all of the following apply: ( c ) the exemption does not detrimentally affect the quality, pressure or efficient supply of water by the Board; ( d ) the exemption does not cause or permit waste, undue consumption, misuse, erroneous measurement or contamination of water supplied by the Board; ( e ) the exemption does not interfere with, interrupt or obstruct the operation of any meter supplied by the Board; ( f ) the particular person has undertaken safeguards to mitigate risks to the Board’s operations and maintenance of the water installations belonging to or under the management or control of the Board, as the case may be. (2) The Board may grant an exemption under subsection (1) generally or for a period specified in the exemption, and subject to any conditions that the Board thinks necessary. (3) The Board may at any time add any condition to, or modify or remove any condition of, an exemption under subsection (1). (4) An exemption under subsection (1) — ( a ) must be in writing and given to the particular person concerned; and ( b ) need not be published in the Gazette . (5) The Board may at any time revoke any exemption under subsection (1). (6) This section does not apply to any matter to which section 20(13), 20A(7), 35(2) or 40(8) relates. [Act 38 of 2024 wef 01/03/2025]


document_id: pua-2001
provision_ref: s70
chapter: PART 7 - MISCELLANEOUS
section: 70
title: Service of documents
content:
70. —(1) Where a document that is permitted or required by this Act to be served on a person (whether the expression “serve” or “give” or any other expression is used), the document may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) In addition, a document permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served — ( a ) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; or ( b ) by any other method authorised by any regulations for the service of documents of that kind if the addressee consents in the manner provided in the regulations to service of a document of that kind in that way. (6) Service of a document takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; or ( c ) if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered). (7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior written consent to service in that way. (8) This section does not apply to documents to be served in proceedings in court. (9) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( 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; “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee; “document” includes a notice or an order permitted or required by this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 27 of 2023 wef 01/01/2024]


document_id: pua-2001
provision_ref: s70A
chapter: PART 7 - MISCELLANEOUS
section: 70A
title: Use of electronic service for making applications
content:
70A. —(1) The Board may permit an application to it under Part 3B 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 the Board, the Board may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application, 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 27 of 2023 wef 01/01/2024]


document_id: pua-2001
provision_ref: s71
chapter: PART 7 - MISCELLANEOUS
section: 71
title: Evidence
content:
71. —(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 is, without any other evidence, to be received as prima facie proof of the making and validity of the apportionment mentioned in the book. (2) All records, registers and other documents kept by the Board or by any authorised 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 their custody to be true copies or extracts (as the case may be) and subscribed by that 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: pua-2001
provision_ref: s72
chapter: PART 7 - MISCELLANEOUS
section: 72
title: Regulations
content:
72. —(1) The Board may, with the approval of the Minister, make regulations for or in respect of every purpose which is considered by the Board necessary or convenient to be prescribed for carrying out the provisions of this Act. (2) Without limiting subsection (1), the Board may, with the approval of the Minister, make regulations for or in respect of all or any of the following matters: ( a ) the prescribing of anything that is required or permitted to be prescribed under this Act; ( b ) the prescribing of purposes for which the supply of water may be used; ( c ) the prevention and suppression of pollution, contamination, waste, misuse or use of water; ( d ) the prevention of misuse of, or damage to, apparatus and works belonging to the Board in connection with the collection, production or supply of water; ( e ) the regulation and use of meters and the prohibition of interference with or damage to the meters or seals affixed on the meters; ( f ) the prohibition of interference with, or damage to, water appliances supplied by the Board and plates or marks on the appliances; ( g ) the protection, preservation and conservation of water catchment areas and of any property in those areas; ( h ) the regulation of the installation of water supplies and alterations thereto and the submission of plans and specifications in respect thereof; ( i ) the prescribing of materials of which pipes and other apparatus and fittings for use in connection with the supply, conveyance or distribution of water, must be made, and of the size, shape, fitting, arrangement, connection, workmanship, examination, testing, position and method of cleaning them; ( ia ) the regulation of the supply and use of water fittings and equipment requiring water for their use or operation (called in this paragraph water equipment), including — (i) the registration of suppliers of water fittings and water equipment; [Act 27 of 2023 wef 01/01/2024] (ii) the requirements for water fittings and water equipment, the imposition of water efficiency practices for water fittings and water equipment, and the labelling of water fittings and water equipment; and [Act 27 of 2023 wef 01/01/2024] (iii) the recall of water fittings and water equipment; [Act 27 of 2023 wef 01/01/2024] ( j ) the prescribing of the types of apparatus or water appliances to be used and the prohibition of the use of certain types thereof; ( k ) the regulation of the installation of apparatus or water appliances and the maintenance, removal or transfer thereof; ( l ) the prescribing of the methods of charging consumers for water used in the event of any meter becoming out of order; [Act 27 of 2023 wef 01/01/2024] ( la ) the prescribing of the matters concerning price that a person supplying extracted water or water derived from extracted water to a customer must inform the customer of, and the manner in which the customer must be informed of such matters; [Act 27 of 2023 wef 01/01/2024] ( lb ) the duties and obligations of a person mentioned in section 40(2), including the form and manner of the submission to the Board of the projected water balance chart for the new facility; [Act 27 of 2023 wef 01/01/2024] ( m ) in relation to the regulation of regulated works or WSI design works — (i) the process for an application for a plumber’s licence, the form of a plumber’s licence, and the replacement of a plumber’s licence; (ii) the duties of licensed plumbers in respect of any regulated works; and (iii) the duties of professional engineers in respect of any WSI design works; ( n ) in relation to the regulation of activities in and around reservoirs and waterways maintained by the Board — (i) the manner in which reservoirs and waterways may be used, and the designating of areas and granting of permits for such uses; (ii) the types of vessels which may be operated in the reservoirs and waterways, the permits required for such operation, the terms and conditions on which, and the circumstances in which, those permits may be granted, held, suspended, cancelled, altered, extended, renewed or replaced, and the fees payable in respect of the permits; (ii a ) the requirements relating to the use, stowage, storage, conveyance, loading or unloading of dangerous cargoes on such vessels, including the requirement to obtain the Board’s approval and the fees payable for such approval; (iii) the equipment to be carried on such vessels and the insurance and safety requirements for such vessels; (iv) the qualifications for operators of such vessels; (v) the safety of navigation, the prevention of collisions and the reporting of accidents in reservoirs and waterways; and (vi) the use of any boat transfer facility in or connecting to any reservoir or waterway and the fees payable in respect of the use; ( na ) the issue of an order by the Board to stop any activity that has caused damage, or is likely to cause damage, to any apparatus, appliance, fittings, pipes and works belonging to the Board used in connection with the collection, production, conveyance or supply of water; ( o ) the prescribing of fees and charges for the purposes of this Act or any other written law administered by the Board or for the carrying out of any function of the Board. [9/2012; 11/2018; 13/2020] (3) The Board may in making any regulations provide that any person who contravenes the regulations 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. (4) All such regulations must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pua-2001
provision_ref: s72A
chapter: PART 7 - MISCELLANEOUS
section: 72A
title: Incorporation by reference
content:
72A. —(1) The regulations made under section 72 may apply, adopt or incorporate by reference — ( a ) wholly or partially; ( b ) with or without any addition, omission or substitution; or ( c ) specifically or by reference, any code of practice, standard, requirement, specification or other document that relates to any subject matter of any regulations made under section 72 (called in this section the material), as in force or published at a particular time or as in force or published from time to time. [11/2018] (2) The material mentioned in subsection (1) may be material issued by the Board, or material issued by any standards setting organisation, or other organisation or person. [11/2018] (3) Any material applied, adopted or incorporated in the regulations by reference under subsection (1) is to be treated for all purposes as forming part of the regulations. [11/2018] (4) Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the organisation or person originating the material is to be treated as being a part of those regulations. [11/2018] (5) Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Board must give notice in the Gazette stating — ( a ) that the material is incorporated in the regulations, and the date on which the relevant provision in the regulations was made; ( b ) that the material is available for inspection, free of charge, and the place at which the material may be inspected; ( c ) that copies of the material can be purchased, and the place where the material can be purchased; and ( d ) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained. [11/2018] (6) In addition, the Board must cause a copy of every material applied, adopted or incorporated in the regulations by reference under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours. [11/2018] (7) To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference under subsection (1) has no legislative effect. [11/2018]


document_id: pua-2001
provision_ref: s72B
chapter: PART 7 - MISCELLANEOUS
section: 72B
title: Advisory guidelines
content:
72B. —(1) The Board may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act. [11/2018] (2) The advisory guidelines may — ( a ) be of general or specific application; or ( b ) specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons. [11/2018] (3) The Board may amend or revoke the whole or part of any advisory guidelines issued under subsection (1). [11/2018] (4) Advisory guidelines issued or amended under this section do not have any legislative effect. [11/2018]


document_id: pua-2001
provision_ref: s73
chapter: PART 7 - MISCELLANEOUS
section: 73
title: Transitional provisions
content:
73. —(1) All acts done by the Board before 1 April 2001 continue to remain valid and applicable as though done by the Board under this Act, until such time as invalidated, revoked, cancelled or otherwise determined by the Board. (2) Where anything has been commenced by or on behalf of the Board before 1 April 2001, such thing may be carried on and completed by or under the authority of the Board. (3) Subject to subsection (5), any scheme, contract, document, licence, permission or resolution prepared, made, granted or approved by the Board under the repealed Public Utilities Act (Cap. 261, 1996 Revised Edition) continues, so far as it is not inconsistent with the provisions of this Act, and is deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act. (4) Any subsidiary legislation made under the repealed Public Utilities Act (Cap. 261, 1996 Revised Edition) and in force immediately before 1 April 2001 continues in force, so far as it is not inconsistent with the provisions of this Act, as if made under this Act until it is revoked or repealed by subsidiary legislation made under this Act. (5) Despite the repeal of the Public Utilities Act (Cap. 261, 1996 Revised Edition), as from 1 April 2001 and for such period as the Minister for Trade and Industry may determine — ( a ) section 2, Parts IV, V, VII, VIII, IX and X of that Act and the subsidiary legislation made under section 130 of that Act for or in relation to the supply or use of electricity and gas continue in force, with the necessary modifications, as if that Act has not been repealed; ( b ) all licences granted before 1 April 2001 under section 38 and Part VIII of that Act continue to be valid and in force; ( c ) for the purposes of this subsection, the references to the Minister and the Board in — (i) section 2, Parts IV, V, VII, VIII, IX and X of that Act and the subsidiary legislation made under section 130 of that Act for or in relation to the supply or use of electricity and gas; and (ii) the licences granted before 1 April 2001 under section 38 and Part VIII of that Act, are to be read as references to the Minister for Trade and Industry and the Energy Market Authority of Singapore respectively; and ( d ) for the purposes of this subsection, the Minister for Trade and Industry may make regulations to provide for any other transitional, incidental and consequential matters arising from the repeal of the Public Utilities Act (Cap. 261, 1996 Revised Edition). (6) Despite the repeal of the Public Utilities Act (Cap. 261, 1996 Revised Edition), as from 1 April 2001, sections 62 to 65 of that Act continue in force and apply to the successor companies mentioned in those sections as if that Act had not been repealed. (7) All acts done by or on behalf of the Director of Sewerage and Drainage before 1 April 2001 under the Sewerage and Drainage Act 1999 in force before that date continue to remain valid and applicable as though done by the Board under that Act, until such time as invalidated, revoked, cancelled or otherwise determined by the Board. (8) Where anything has been commenced by or on behalf of the Director of Sewerage and Drainage before 1 April 2001, such thing may be carried on and completed by or under the authority of the Board. (9) Any notice, order, decision, direction, certificate or approval made or granted by the Director of Sewerage and Drainage before 1 April 2001 under the Sewerage and Drainage Act 1999 in force before that date continues and is deemed to have been made or granted by the Board under that Act, until such time as invalidated, revoked, cancelled or otherwise determined by the Board.


document_id: pvpa-2004
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “applicant”, in relation to any application, means the person by whom or on whose behalf the application is made; “application” means an application for a grant of protection; “breeder”, in relation to any plant variety, means — ( a ) subject to paragraph ( b ), a person who bred, or discovered and developed, the plant variety; ( b ) if the plant variety was bred, or discovered and developed, by a person in the course of performing the person’s duties or functions as an employee of another person, that other person; or ( c ) the successor in title to the person in paragraph ( a ) or ( b ) (as the case may be); “Convention” means the international agreement called the International Convention for the Protection of New Varieties of Plants of 2 December 1961, as revised or amended from time to time; “Court” means the General Division of the High Court; “denomination” means the distinguishing name or identification for a plant variety; “Examiner” means any person, organisation or entity (including an international plant variety office or organisation, or a plant variety office or an organisation of a country or territory other than Singapore) appointed by the Registrar for the purpose of referring any question or matter relating to the examination of a plant variety for a grant of protection; [Act 7 of 2022 wef 26/05/2022] “grant of protection” means a grant of protection made by the Registrar under section 21; “grantee” means the holder of a grant of protection; “harvested material” means any harvested material to which the rights of a grantee under section 28(1) are extended by virtue of section 28(7); “Office” means the Intellectual Property Office of Singapore incorporated under the Intellectual Property Office of Singapore Act 2001; “plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages; “plant variety” means a plant grouping within a single botanical taxon of the lowest rank which, irrespective of whether the conditions for a grant of protection are fully met, can be — ( a ) defined by the expression of the characteristics resulting from a given genotype or a combination of genotypes; ( b ) distinguished from any other plant grouping by the expression of at least one of those characteristics; and ( c ) considered as a unit with regard to its suitability for being propagated unchanged; “procedural representative”, in relation to any plant variety, means a person who is resident or has an office in Singapore and who is appointed by the breeder of that variety to act on the breeder’s behalf in respect of the making of any application for, or any proceedings relating to, a grant of protection for that variety; “propagating material”, in relation to a plant of a particular plant variety, means any part or product from which, whether alone or in combination with other parts or products of that plant, another plant with the same essential characteristics can be produced; “propagation”, in relation to a plant or any of its components, means the growth, culture or multiplication of that plant or component; “protected variety” means a plant variety in respect of which a grant of protection is in force, and includes any essentially derived or other plant variety to which the grant of protection is extended by virtue of section 29(1); “register” means the register of plant varieties maintained under section 39; “Registrar” means the Registrar of Plant Varieties mentioned in section 5; “Registry” means the Registry of Plant Varieties mentioned in section 7; “relevant characteristics”, in relation to any plant variety, means the phenotypical and genotypical expressions of the variety that permit its identification; “term”, in relation to a grant of protection, means the term of the grant of protection under section 24; “UPOV member” means a state or an inter‑governmental party to the Convention which is a member of the International Union for the Protection of New Varieties of Plants constituted pursuant to the Convention. [2/2007; 16/2014; 40/2019]


