Section 22AA — Duty to retrofit fixed installation

(1)Every fixed installation owner of a fixed installation must carry out, or cause to be carried out, retrofitting of the fixed installation, whether or not of a prescribed age, in accordance with this section.

(2)The retrofitting mentioned in subsection (1) must be —

(a)completed within the time required by subsection (3); and

(b)carried out by a person and in the manner prescribed under section 22C for the fixed installation concerned.

(3)The time by which retrofitting of a fixed installation must be completed is —

(a)the grace period prescribed for the fixed installation where —

(i)there is no prescribed age for the fixed installation; or

(ii)the fixed installation is, on the applicable date for that fixed installation, of the prescribed age or older; or

(b)the longer of the following periods, where the fixed installation is, on the applicable date for that fixed installation, below the prescribed age:

(i)the grace period prescribed for that fixed installation;

(ii)the period starting on the applicable date for that fixed installation and ending immediately before the fixed installation attains the prescribed age.

(4)A fixed installation owner who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)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.

(5)In any proceedings for an offence under subsection (4), it is a defence for an accused to prove, on a balance of probabilities, that the accused was not the fixed installation owner of the fixed installation —

(a)at any time during the grace period prescribed for that fixed installation; or

(b)before the fixed installation attained the prescribed age.[Act 12 of 2020 wef 01/10/2025]