Interpretation of this Part
27. In this Part, unless the context otherwise requires —“assisting officer” means a public officer or an employee of a public authority who is not a police officer, an officer of customs or an immigration officer, but who has been authorised by the Authority by name to assist an enforcement officer;
“authorised analyst” means any person (who is not an employee of the Authority) or body of persons designated by the Authority under section 39 as authorised to carry out any inspection, examination and certification of any essential construction material under this Part and includes any enforcement officer;
“building works” has the meaning given by the Building Control Act 1989;
“consignment”, in relation to any essential construction material, means essential construction material of a particular kind that comprises a single lot imported by the same owner at the same time;
“container” includes —(a)
a case, box, bag, wrapper or material of any kind used or intended to be used to cover, contain or package something, whether or not designed for that purpose; and
(b)
a bulk container, or any means of bulk transport, used or intended to be used to cover, contain or package something;
“conveyance” means any vessel, vehicle or aircraft;
“enforcement officer” means —(a)
the Chief Executive; or
(b)
an employee of the Authority appointed by the Chief Executive to be an enforcement officer for the purposes of this Part;
“essential construction material” means any of the following materials which are suitable for use in any building works, street works or railway works in Singapore and the domestic supply of which is short:(a)
granite;
(b)
sand;
(c)
such rocks, minerals or other construction materials (whether manufactured or otherwise) as the Minister may, by notification in the Gazette, declare to be essential construction material;
“granite” means —(a)
granite slabs or blocks extracted or won from naturally occurring mineral deposits and suitable (if crushed) for use as primary aggregate in any building works, street works or railway works in Singapore; or
(b)
granite aggregate, gravel, stones or overburden of such prescribed dimensions that are extracted or won from mineral sources, which have been subject to nothing more than crushing and sizing or other physical processing, and suitable for use, either on their own or with the addition of cement or other binder, in any building works, street works or railway works in Singapore;
“immigration officer” means any person appointed under section 3 of the Immigration Act 1959;
“import” means to bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore, but does not include the bringing into Singapore of essential construction material which is to be taken out of Singapore on the same conveyance on which it was brought into Singapore without any landing or transhipment within Singapore;
“import permit” means an import permit granted under section 34 to import a particular consignment of essential construction material;
“isolation order” means an order issued or deemed to be issued under section 36 in respect of a consignment of essential construction material;
“licence” means a licence granted under section 31 to carry on the business of importing essential construction material specified in the licence;
“licensee” means a person who holds a valid licence;
“occupier” means —(a)
in relation to any premises or conveyance — the person in occupation of the premises or conveyance or having the charge, management or control of the premises or conveyance; and
(b)
in relation to any part of any premises, different parts of which are occupied by different persons — the person in occupation or having the charge, management or control of that part;
“officer of customs” has the meaning given by the Customs Act 1960;
“procure” means to acquire (by purchase or exchange) and to import essential construction materials;
“railway works” means any works for the construction, reconstruction or realignment, or the permanent improvement of a railway;
“sand” means any sand or gravel that is suitable for use as fine aggregate in any building works, street works or railway works in Singapore, but excludes any unwashed or unprocessed marine-dredged sand or gravel;
“site”, in relation to any essential construction material, means any land or land underwater outside Singapore —(a)
from which granite is extracted or won by blasting, sorting, breaking, loading and transporting, whether the processes are executed by manual labour or mechanical means;
(b)
on which persons are employed in any process for or incidental to the getting, dressing or preparation for the sale or otherwise of sand; or
(c)
from which any other essential construction material is extracted or won;
“storage permit” means any storage permit granted under section 35 in respect of such premises as may be specified in the storage permit;
“street works” has the meaning given by the Street Works Act 1995;
“supply”, in relation to any essential construction material, means to transfer possession of the essential construction material by any means whether or not for reward, and includes ––(a)
to sell the essential construction material, whether by retail, wholesale or auction;
(b)
to transfer possession of the essential construction material by exchange, gift, lease or loan;
(c)
to supply the essential construction material in connection with a contract for the provision of any goods or the performance of any service; and
(d)
to offer, agree or attempt to supply the essential construction material in any of the ways described in paragraph (a), (b) or (c) or to cause or permit the essential construction material to be so supplied;
“vehicle” means a conveyance that is designed to be propelled or drawn by any means (whether or not capable of being so propelled or drawn) and includes —(a)
any aircraft, trailer, bicycle or other pedal-powered vehicle; and
(b)
any train, railway locomotive, wagon or carriage,
and includes a part of any of the above;
“vessel” means any kind of craft used in navigation by sea or water, however propelled or moved, and includes —(a)
a barge, lighter or other floating vessel; or
(b)
a vessel engaged in a towing operation or in any dredging, surveying or underwater operations,
and includes a part of any of the above.
[31A
Licence required for importing essential construction materials
28.—(1) Subject to the provisions of this Part, a person must not carry on any business of importing any essential construction material unless the person is authorised to do so under a valid licence.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.
(3) This section does not prevent a corporation or limited liability partnership that ceases to have in force a licence from carrying on any activity necessary to the winding up of the corporation or limited liability partnership.[31B
Import permit required for every consignment
29.—(1) Subject to the provisions of this Part, a licensee must not import any essential construction material unless —(a)
the import of each consignment of essential construction material by the licensee is authorised by an import permit and is carried out in accordance with the conditions of the import permit; and
(b)
the whole consignment conforms to the description in the import permit.
(2) Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 2 years or to both.
(3) In any proceedings for an offence under subsection (2), it is a defence for the accused to prove —(a)
that the commission of the offence was due to the act or default of another person or to some other cause beyond the accused’s control; and
(b)
that the accused took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the accused or by any person under the accused’s control.
(4) If in any case the defence provided by subsection (3) involves the allegation that the commission of the offence was due to the act or default of another person, the accused is not, without the permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the accused has served on the prosecutor a written notice giving such information as was then in the accused’s possession identifying or assisting in the identification of that other person.[31C
[Act 25 of 2021 wef 01/04/2022]
Isolation and storage of imported essential construction material
30.—(1) Any licensee who imports any consignment of essential construction material (whether or not under an import permit) must not —(a)
use or permit to be used the essential construction material or any part thereof in any building works, street works or railway works in Singapore; or
(b)
supply or permit to be supplied to another person the essential construction material, knowing or having reasonable cause to believe that the essential construction material is to be used in any building works, street works or railway works in Singapore,
for so long as the consignment is subject to an isolation order.
(2) Any licensee must not use any premises to store any consignment of essential construction material that he or she imports and is subject to an isolation order except —(a)
in or on premises that are authorised for such use under a storage permit granted by the Authority;
(b)
in such quantities (if any) and in such manner and subject to such conditions as may be prescribed in relation to such essential construction material; and
(c)
in accordance with every condition of that storage permit granted.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.[31D
Division 2 — Applications for licences, import permits and storage permits
Application for licence
31.—(1) Every application for a licence or for a renewal of a licence must be made to the Authority in the prescribed manner and accompanied by the appropriate application fee prescribed.
(2) An applicant for a licence or for a renewal of a licence must, at the request of the Authority, provide any further information or evidence that the Authority may require to decide the application.
(3) Upon receiving an application for a licence or for a renewal of a licence under subsection (1), the Authority must consider the application and, subject to section 40(7)(c), may —(a)
grant a licence or a renewal of a licence, with or without conditions; or
(b)
refuse to grant any such licence or renewal of such licence.
(4) To avoid doubt, a licence does not authorise its holder —(a)
to use in any building works, street works or railway works in Singapore; or
(b)
to supply to any other person,
any essential construction material imported by the holder.
(5) Every licence is, unless earlier revoked, valid for such period as may be specified in the licence (being not longer than 5 years) and, upon its expiry, the licence may be renewed.[Act 15 of 2026 wef 01/07/2026]
(6) Any person who, in making an application for a licence —(a)
makes any statement or provides any document which the person knows to be false or does not believe to be true; or
(b)
by the intentional suppression of any material fact, provides information which is misleading,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
[31E
Who may be licensed
32.—(1) A person who applies for a licence is eligible to be granted a licence if, and only if —(a)
the person is not a company limited by guarantee or a corporation sole;
(b)
the Authority is satisfied that the person is duly authorised to carry on the business of an importer of essential construction materials; and
(c)
the person provides a procurement plan regarding the import of essential construction materials, stating —(i)
the types of essential construction materials proposed to be procured by that person;
(ii)
the respective sites from which the essential construction materials are to be extracted or won;
(iii)
the methods or practices to be applied by that person in procurement;
(iv)
the risks (including assessments of the risks) of any disruption occurring to the import of the relevant essential construction materials from the markets from which the relevant essential construction materials are to be procured; and
(v)
any plan of action (including preventive strategies) for the purpose of ensuring, so far as is reasonably practicable, that the person can still provide a secure and reliable supply in Singapore of the relevant essential construction materials of acceptable quality or of otherwise reducing or mitigating the effect of any disruption to the supply of the relevant essential construction materials from any such market from which the relevant essential construction materials are to be procured.
(2) In deciding whether to grant a licence, the Authority may make inquiries and investigations that are reasonable and appropriate in the circumstances so as to be satisfied as to —(a)
the general character of the management of the applicant;
(b)
the financial condition of the applicant;
(c)
the experience and resources of the applicant in providing a secure and reliable supply in Singapore of essential construction materials of acceptable quality; and
(d)
whether the public interest will be served by the granting of the licence.
(3) The Authority may require an applicant for a licence to satisfy the Authority that the applicant has sufficient material and financial resources available to enable the applicant to meet the applicant’s financial obligations as and when they become due, and may refuse to grant a licence to an applicant who fails to so satisfy it.[31F
Conditions of licence
33.—(1) The Authority may —(a)
grant a licence subject to such conditions as the Authority thinks fit, including but not limited to the conditions necessary or related to ensuring a secure and reliable supply in Singapore of essential construction materials of acceptable quality; and
(b)
at any time modify any existing conditions of such a licence or impose additional conditions.
(2) Before modifying the conditions of a licence under this section, the Authority must give notice to the licensee concerned —(a)
stating that the Authority proposes to make the modification in the manner specified in the notice; and
(b)
specifying the time (being at least 14 days from the date the notice is served on the licensee concerned) within which written representations with respect to the proposed modification may be made.
(3) Upon receipt of any written representation mentioned in subsection (2)(b), the Authority must —(a)
consider the representation and may reject the representation or amend the proposed modification in accordance with the representation, or otherwise; and
(b)
in either event mentioned in paragraph (a), thereupon issue a written direction to the licensee concerned requiring that effect be given to the proposed modification specified in the notice or to such modification as subsequently amended by the Authority within a reasonable time.[31G
Application for import permit
34.—(1) Every application for an import permit to import any consignment of essential construction material must —(a)
be made to the Authority in the prescribed manner;
(b)
be accompanied by the appropriate application fee prescribed; and
(c)
be accompanied by the following unless the Authority waives the requirement:(i)
such maps, particulars and other information as to the site from which the essential construction material is or is to be extracted or won;
(ii)
a statutory declaration by or on behalf of the licensee verifying any information contained in or relating to the application;
(iii)
such samples of the essential construction material to be imported and such other documents relating thereto as may be prescribed.
(2) The licensee applying for an import permit to import a consignment of essential construction material must, at the request of the Authority —(a)
arrange, at the licensee’s own cost, for samples of the essential construction material to be evaluated for the purposes of this Part; and
(b)
provide any further information or evidence that the Authority may require to decide the application.
(3) The evaluation mentioned in subsection (2)(a) may be carried out by —(a)
an authorised analyst in Singapore; or
(b)
a body or an organisation outside Singapore that is recognised by the Authority.
(4) Upon receiving an application for an import permit under subsection (1), the Authority must consider the application and the report of the evaluation mentioned in subsection (2)(a) relating to the essential construction material to be imported, and may —(a)
grant an import permit, with or without conditions, in respect of that consignment; or
(b)
refuse to grant any such import permit.
(5) Despite subsection (4), the Authority must refuse to grant an import permit to any licensee whose licence is suspended or who is the subject of any proceedings under section 40.
(6) Every import permit is, unless earlier cancelled, valid for such period as may be specified in the import permit (being not longer than 14 days) and may be extended.
(7) To avoid doubt, an import permit to import any consignment of essential construction material does not authorise the holder of the import permit —(a)
to use in any building works, street works or railway works in Singapore; or
(b)
to supply to another person,
the essential construction material imported under that import permit, except in accordance with this Part.
(8) Any person who, in making an application for an import permit —(a)
makes any statement or provides any document which the person knows to be false or does not believe to be true; or
(b)
by the intentional suppression of any material fact, provides information which is misleading,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
[31H
Application for storage permit
35.—(1) Every application by a licensee for a storage permit in respect of any premises for storing essential construction material that is subject to an isolation order must be made to the Authority in the prescribed manner.
(2) An applicant for a storage permit must, at the request of the Authority, provide any further information or evidence that the Authority may require to decide the application.
(3) Upon receiving an application for a storage permit in respect of any premises under subsection (1), the Authority must consider the application and may —(a)
grant a storage permit, with or without conditions; or
(b)
refuse to grant any such storage permit.
(4) Before granting a licensee any storage permit in respect of any premises, the Authority may —(a)
inspect the premises, or cause such premises to be inspected by an enforcement officer with a view to its suitability to be authorised for use to store essential construction material that is subject to an isolation order;
(b)
require the licensee to make, at the licensee’s own expense, such alterations or improvements to the premises, or to provide, fix or install such facilities in the premises, as the Authority may specify; and
(c)
require the licensee to furnish a cash security deposit or a bank guarantee not exceeding the prescribed amount to secure the performance or due observance by the licensee of any condition of the storage permit.
(5) Every storage permit is, unless earlier cancelled, valid for such period as may be specified in the storage permit (being not longer than 3 months) except that such period may be extended by the Authority before the expiry of the storage permit in any particular case.
(6) Any person who, in making an application for any storage permit —(a)
makes any statement or provides any document which the person knows to be false or does not believe to be true; or
(b)
by the intentional suppression of any material fact, provides information which is misleading,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
[31I
Division 3 — Isolation and evaluation of imported essential construction materials
Isolation of imported essential construction material upon entry
36.—(1) The Authority may issue an isolation order in respect of any imported consignment of essential construction material upon its entry into Singapore.
(2) Except as provided in subsection (3), every consignment of essential construction material imported (whether or not under an import permit) is, upon its entry into Singapore, deemed subject to an isolation order until the Authority lifts the isolation order in accordance with section 38.
(3) Despite subsection (2), the Authority or an enforcement officer may, before the entry into Singapore of a consignment of essential construction material, by written notice to the licensee importing the consignment waive the application of subsection (2) in respect of that consignment.
(4) Upon the entry into Singapore of the consignment of essential construction material that is subject to an isolation order, the licensee importing that consignment must, before doing any of the following:(a)
use or permit to be used the essential construction material or any part thereof in any building works, street works or railway works in Singapore;
(b)
supply or permit to be supplied to another person the essential construction material, knowing or having reasonable cause to believe that the essential construction material is to be used in any building works, street works or railway works in Singapore,
isolate the consignment of the essential construction material at premises in respect of which a storage permit is granted, and arrange for a sample to be taken as soon as practicable from that consignment by any person acting by or under the authority of the Authority and for the sample to be evaluated by an authorised analyst for the purposes of this Part.
(5) Where a licensee who has imported any essential construction material fails to comply with subsection (4), the 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 12 months or to both.
(6) An enforcement officer or assisting officer or any other person acting by or under the authority of the Authority may at any time take, without payment, sufficient samples of any essential construction material from a consignment thereof imported by a licensee (whether in any premises or in any conveyance that is being used to transport the consignment) for the purpose of evaluation by an authorised analyst for the purposes of this Part, regardless of whether that consignment is subject to an isolation order.
(7) All samples of any material taken in accordance with subsection (4) or (6) must be taken and dealt with as prescribed.
(8) The costs of and incidental to the evaluation of any essential construction material required by this section must be borne by the Authority.[31J
Evaluation of essential construction material
37.—(1) The evaluation of any essential construction material for the purposes of this Part must include such analysis, test or examination of the essential construction material as may be prescribed to determine the following matters:(a)
the acid soluble sulphate content, the chloride content and the alkali-silica reactivity of the essential construction material;
(b)
whether the essential construction material is otherwise unsuitable, given its composition, for producing concrete for use in building works, street works or railway works in Singapore;
(c)
whether the essential construction material complies with such other requirements as may have been prescribed in relation thereto.
(2) An evaluation of any essential construction material for the purposes of this Part may be carried out only by an authorised analyst.
(3) An authorised analyst must, on completing an evaluation of any essential construction material for the purposes of this Part, issue to the Authority a certificate stating the authorised analyst’s findings, and submit a copy of that certificate to the Authority within the prescribed time.
(4) Upon receiving any certificate of an authorised analyst under subsection (3) relating to any consignment of essential construction material imported by a licensee, the Authority must without delay consider the findings of the authorised analyst to determine whether the essential construction material is of acceptable quality for use in any building works, street works or railway works in Singapore.
(5) Any quantity of any essential construction material found in any premises or in or on any conveyance at the time when a sample thereof is taken pursuant to the provisions of this Part is, until the contrary is proved, presumed to possess the same properties as the sample.[31K
Failed construction materials
38.—(1) This section applies to any essential construction material the quality of which the Authority determines is not acceptable for use in any building works, street works or railway works in Singapore (called hereafter failed construction material).
(2) Where the Authority, after considering the findings of an authorised analyst in relation to any consignment of essential construction material imported by a licensee, is satisfied that the essential construction material is of acceptable quality for use in any building works, street works or railway works in Singapore, the Authority must by written notice to the licensee concerned immediately lift the isolation order (if any) to which the consignment of essential construction material is subject.
(3) Where the Authority, after considering the findings of an authorised analyst, is of the view that a consignment of essential construction material imported by a licensee is failed construction material, the Authority may by written notice —(a)
refuse to lift any isolation order in respect of the consignment; and
(b)
require the licensee to comply with subsection (4) or (5), as the case may be.
(4) Where the failed construction material is a sample taken for evaluation under section 36(4), the licensee to whom a notice in subsection (3)(b) is given must —(a)
at the licensee’s own expense and within the prescribed time, remove from Singapore any remaining failed construction material in the licensee’s possession, and any other essential construction material (whether or not from the same consignment) extracted or won from the same site as that from which the failed construction material was extracted or won, or destroy or otherwise dispose of it in the prescribed manner; and
(b)
immediately cease to further import, supply or use in any building works, street works or railway works in Singapore the essential construction material extracted or won from the same site as that from which the failed construction material was extracted or won, except under such circumstances, in such manner and within such time as the Authority may approve.
(5) Where the failed construction material is a sample taken for evaluation under section 36(6), the licensee to whom a notice in subsection (3)(b) is given must, in addition to complying with the requirements of subsection (4)(a) and (b), at the licensee’s own expense and within the prescribed time, notify in the prescribed manner —(a)
every person to whom the licensee has supplied essential construction material between the day the consignment of failed construction material enters into Singapore and the seventh day after the Authority receives the authorised analyst’s certificate relating to that consignment (both days inclusive); and
(b)
the Authority of the identity and business address of every such person in paragraph (a) so notified.
(6) Where a licensee to whom subsection (4) or (5) applies fails to remove the failed construction material and other essential construction material from Singapore or destroy or otherwise dispose of it in accordance with the manner prescribed —(a)
an enforcement officer or assisting officer may take such steps as he or she thinks fit to secure the removal, destruction or disposal of the failed construction material and other essential construction material; and
(b)
the Authority may recover from that licensee (as a debt due to the Authority) any costs and expenses reasonably incurred by the enforcement officer or assisting officer in doing so.
(7) Subsection (4)(b) does not prejudice the enforcement by any person of any right or claim against a licensee on whom a direction under that subsection is served or by such a licensee of any right or claim against any person.
(8) The licensee concerned must bear the costs of and incidental to any evaluation of any essential construction material required in connection with the licensee seeking the approval of the Authority under subsection (4)(b).[31L
Authorised analysts and evidence
39.—(1) The Authority shall, by regulations, establish a scheme under which persons (who are not employees of the Authority) or bodies of persons may be designated as authorised analysts to carry out any evaluation of any essential construction material for the purposes of this Part, making provision for or with respect to the following:(a)
the qualifications, skills, knowledge and experience required for such designation under this Part;
(b)
a code of conduct for authorised analysts; and
(c)
the grounds and circumstances for and under which such designation may be refused, suspended or revoked.
(2) The Authority may, in accordance with the scheme established under subsection (1), designate any person (who is not an employee of the Authority) or body of persons in Singapore as authorised to carry out any evaluation of any essential construction material for the purposes of this Part.
(3) A person must not exercise the functions of an authorised analyst under this Part or hold himself or herself out as one unless the person is designated by the Authority in accordance with the scheme established under subsection (1).
(4) Any person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(5) Subject to subsection (6), in any proceedings for an offence under this Part, a certificate of an authorised analyst stating, in respect of any sample from a consignment of essential construction material, all or any of the following matters:(a)
that the authorised analyst signing the certificate is designated by the Authority in accordance with the scheme established under subsection (1);
(b)
when and from whom the sample was received;
(c)
when the sample was analysed, tested or examined;
(d)
a description of the method of analysis, test or examination;
(e)
the results of the authorised analyst’s analysis, test or examination,
is admissible as prima facie evidence of the matters stated in the certificate and of the correctness of the results of the analysis, test or examination.
(6) A certificate mentioned in subsection (5) shall not be received in evidence under that subsection unless the person charged has been given —(a)
a copy of the certificate; and
(b)
notice of the intention of the prosecution to produce the certificate as evidence in the proceedings,
at least 10 clear days before the proceedings start.
(7) Where an authorised analyst’s certificate is admitted in evidence under subsection (5), the person charged may require the authorised analyst to be called as a witness for the prosecution and the authorised analyst may be cross-examined as if the authorised analyst had given evidence of the matters stated in the certificate.[31M
Division 4 — Enforcement and monitoring powers
Revocation of licences, etc.
40.—(1) Subject to subsection (3), the Authority may, by order, revoke any licence if it is satisfied that —(a)
the licensee has failed to comply with any condition imposed by the Authority under section 33;
(b)
the licence had been obtained by fraud or misrepresentation;
(c)
the licensee has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
(d)
the licensee has been convicted of an offence under this Part;
(e)
the licensee has, without reasonable excuse, failed to comply with section 38(4) or (5), as the case may be;
(f)
the public interest or national security of Singapore so requires; or
(g)
the licensee has refused or failed to comply with an order of the Authority made under subsection (2)(b) or (d).
(2) The Authority may, in any case in which it considers that no cause of sufficient gravity for revoking any licence exists, by order do all or any of the following:(a)
suspend the licence for a period not exceeding 6 months;
(b)
impose on the licensee concerned a financial penalty not exceeding $500,000;
(c)
censure the licensee concerned;
(d)
impose any other direction or restriction that the Authority considers appropriate on the licensee’s business as an importer of essential construction materials.
(3) The Authority must not exercise its powers under subsection (1) or (2) unless an opportunity of being heard by a representative in writing or by counsel had been given to the licensee against which the Authority intends to exercise its powers, being a period of at least 7 and not more than 14 days.
(4) Where the Authority has made an order under subsection (1) or (2) in respect of any licensee, the Authority must serve on the licensee concerned a notice of its order made under this section.
(5) Subject to subsection (6), any order made by the Authority under subsection (1) or (2) takes effect on the expiry of 7 days after the Authority has served the order on the licensee concerned.
(6) Where the licensee concerned has appealed under section 42 to the Minister against an order made by the Authority under subsection (2)(b), the order does not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn.
(7) Where an order of revocation takes effect —(a)
the Authority must cause notice of the revocation to be published in the Gazette;
(b)
the importer concerned must, as from the date of the notice, cease to import any essential construction material except as may be approved by the Authority; and
(c)
the importer concerned is debarred from applying for or holding a licence for a period of 12 months after that revocation.
(8) Subsection (7)(b) does not prejudice the enforcement by any person of any right or claim against the corporation or limited liability partnership formerly licensed, or by the corporation or limited liability partnership formerly licensed, of any right or claim against any person.
(9) In any proceedings under this section in relation to the conviction of a licensee for a criminal offence, the Authority is to accept the licensee’s conviction as final and conclusive.[31N
Cancellation of import permits and storage permits
41.—(1) The Authority may, after calling upon the licensee concerned to show cause within such reasonable time as the Authority may allow as to why the import permit granted in respect of any consignment of essential construction material to be imported should not be cancelled, by order cancel the import permit if the Authority has reasonable grounds to believe that —(a)
the import permit had been obtained by fraud or misrepresentation;
(b)
the essential construction material is extracted or won from the same site from which any failed construction material is extracted or won;
(c)
the licensee’s licence is suspended or the licensee is the subject of any proceedings under section 40;
(d)
the essential construction material no longer complies with a prescribed requirement mentioned in section 37(1)(c); or
(e)
it is in the public interest to do so.
(2) Without affecting subsection (1), every import permit granted to any person is deemed cancelled upon the revocation of any licence granted to the same person.
(3) The Authority may, after calling upon the licensee concerned to show cause within such reasonable time as the Authority may allow as to why the storage permit granted in respect of any premises should not be cancelled, by order cancel the storage permit if the Authority has reasonable grounds to believe that —(a)
the storage permit had been obtained by fraud or misrepresentation;
(b)
any condition of the storage permit has been breached; or
(c)
any essential construction material subject to an isolation order is not stored at those premises in accordance with this Part or any regulations made under this Act.[31O
Appeal to Minister
42.—(1) Any person whose application for a licence, an import permit or a storage permit, or for the renewal of a licence, has been refused by the Authority may, within 14 days after being notified of such refusal, appeal in the prescribed manner to the Minister, whose decision is final.
(2) Where a licence, an import permit or a storage permit granted by the Authority is subject to conditions, the licensee or holder of the permit concerned may, within 14 days after being notified of such conditions, appeal in the prescribed manner to the Minister, whose decision is final.
(3) If the Authority has made any order —(a)
under section 40 in respect of a licence or licensee; or
(b)
cancelling any import permit or storage permit under section 41(1) or (3),
the person against whom such an order is made may, within 14 days after being served with the notice of the order, appeal to the Minister against the order, and the decision of the Minister is final.
(4) In any appeal under this section in relation to the conviction of a licensee for a criminal offence, the Minister on appeal from any order of the Authority is to accept the licensee’s conviction as final and conclusive.[31P
Monitoring and enforcement powers
43.—(1) For the purpose of the administration and enforcement of this Part, any enforcement officer, officer of customs or immigration officer or, subject to subsection (12), any assisting officer may —(a)
at any time and without warrant enter, inspect and search any premises that are being used, or that the officer concerned has reason to suspect are being used, for or in connection with any purpose that is in contravention of this Part;
(b)
at any time and without warrant stop, board, inspect and search any conveyance that is being used, or that the officer concerned has reason to suspect is being used, for or in connection with any purpose that is in contravention of this Part;
(c)
in accordance with such procedure as may be prescribed and without payment, take for evaluation a sample of any essential construction material that is found pursuant to an inspection or a search under paragraph (a) or (b);
(d)
seize any other substance or article which the officer concerned has reasonable cause to believe to be a substance or an article in relation to which, or by means of which, an offence under this Part is being or has been committed;
(e)
require any person —(i)
to provide any information within the person’s knowledge; and
(ii)
to produce for inspection any shipping bill, bill of lading or other document or record within the person’s possession,
that the officer concerned believes on reasonable grounds to be connected with any suspected contravention of this Part or to be otherwise relevant to the administration or enforcement of this Part;
(f)
retain the original copy of any shipping bill, bill of lading or other document or record that the officer concerned believes on reasonable grounds to be connected with any suspected contravention of this Part or to be otherwise relevant to the administration or enforcement of this Part, or make or cause to be made, without payment, copies of or extracts from such document or record; and
(g)
by written notice require any person having in the person’s possession any essential construction material that is imported or intended for use or supply to submit, at the Authority’s own expense, a sample of such essential construction material to an authorised analyst for evaluation for the purposes of this Part.
(2) In exercising his or her power under subsection (1)(a) or (b), an enforcement officer, officer of customs, immigration officer or any assisting officer may —(a)
require the owner or occupier of any premises or conveyance being inspected to provide all reasonable assistance to the officer concerned for the purpose of the inspection; and
(b)
if the circumstances so warrant, with such assistance as he or she thinks necessary, break open any door, window, lock, fastener, hold, compartment, box, container or any other thing,
and any person who fails to comply with any requirement of an enforcement officer, officer of customs, immigration officer or assisting officer under paragraph (a) 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.
(3) The Authority may, by written notice, require any licensee who imports or supplies any essential construction material to cease (whether immediately or within such time as the Authority may specify) the import or supply of such material if —(a)
a sample of the essential construction material has been taken or obtained under subsection (1)(c) for evaluation or has been required to be submitted under subsection (1)(g) for evaluation; and
(b)
pending the result of that evaluation, the Authority is of the opinion that it is necessary to prevent any more of such essential construction material from further being imported or supplied.
(4) Where any item has been seized under subsection (1)(d) —(a)
the enforcement officer, officer of customs, immigration officer or assisting officer who seized the item must immediately give written notice of the seizure to the person from whom the item was seized, if the name and address of that person are known;
(b)
any person claiming the item seized may within 48 hours after the seizure complain of the seizure to a Magistrate, and the Magistrate may hear and determine the complaint and may —(i)
confirm the seizure wholly or in part;
(ii)
disallow the seizure wholly or in part;
(iii)
order that the item seized be restored to its owner, subject to any condition the Magistrate may think fit to impose to ensure that the item is preserved for any purpose for which it may subsequently be required; or
(iv)
order payment to be made to the owner of the item seized of such amount as the Magistrate considers will compensate the owner for any loss or depreciation resulting from the seizure;
(c)
in the absence of any claim under paragraph (b) or pending the determination of any such claim, the item may be kept or stored in the premises or conveyance where it was seized or may, at the direction of the enforcement officer, officer of customs, immigration officer or assisting officer, be removed to any other place to be kept or stored thereat; and
(d)
the enforcement officer, officer of customs, immigration officer or assisting officer (as the case may be) may mark, seal or label the item in such manner as he or she thinks fit for the purpose of indicating that the item is under detention, and lock or seal the premises or conveyance in which the item is being detained.
(5) Any person who, without the authority of an enforcement officer, officer of customs, immigration officer or assisting officer —(a)
interferes, tampers with, removes, distributes, sells or otherwise disposes of any item seized under subsection (1)(d);
(b)
alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the enforcement officer, officer of customs, immigration officer or assisting officer on the item under subsection (4)(d); or
(c)
opens, breaks or otherwise tampers with the lock or seal placed by the enforcement officer, officer of customs, immigration officer or assisting officer on any premises or conveyance or part thereof under subsection (4)(d),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(6) For the purposes of subsection (1)(e), where any document or record required by an enforcement officer, officer of customs, immigration officer or assisting officer is kept in electronic form, then —(a)
the power of the officer concerned to require such document or record to be produced for inspection includes the power to require a copy of the document or record to be made available for inspection in legible form (and subsection (1)(f) applies accordingly in relation to any copy so made available); and
(b)
the power of the officer concerned to inspect such document or record includes the power to require any person on the premises in question to give the officer concerned such assistance as the officer may reasonably require to enable him or her to inspect and make copies of the document or record in legible form or to make records of the information contained therein.
(7) Any copy of or extract from any document or record made under subsection (1)(f) and certified as such by the enforcement officer, officer of customs, immigration officer or assisting officer is admissible as evidence in any proceedings under this Part.
(8) Any person who, when required by an enforcement officer, officer of customs, immigration officer or assisting officer under subsection (1)(e) to provide any information or produce for inspection any document or record, refuses or fails, without reasonable excuse, to provide the information or to produce the document or record within the time allowed by the officer concerned 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.
(9) Any person who, when required by an enforcement officer, officer of customs, immigration officer or assisting officer under subsection (1)(e) to provide any information or produce any document or record, in compliance or purported compliance with such requirement, provides the officer concerned any information, document or record which the person knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(10) Any person who fails, without reasonable excuse, to comply with any written notice given to the person —(a)
by an enforcement officer, officer of customs, immigration officer or assisting officer under subsection (1)(g); or
(b)
by the Authority under subsection (3),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
(11) All samples of any material taken in accordance with subsection (1)(c) or (g) are to be dealt with as prescribed.
(12) Despite anything in this section, an assisting officer who is not a police officer, an officer of customs or an immigration officer is not authorised by this section to assist in searching or arresting any person.[31Q
Forfeiture
44.—(1) The court before which any person is tried for an offence under this Part may make an order for the forfeiture of any item which has been seized under the provisions of this Part if the court is satisfied that —(a)
an offence under this Part has been committed; and
(b)
the item seized was the subject matter, or was used in the commission, of the offence.
(2) Where no party raises the question of forfeiture under subsection (1), the court may consider the question on its own motion.
(3) The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Part even though no person has been convicted of an offence.
(4) If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Part, the court must order that the item be released to the owner of the item or the person entitled to the item.
(5) If no prosecution is instituted with regard to any item which has been seized under the provisions of this Part, and no claim is made for the item under section 43(4)(b), the item to which the notice relates is deemed to be forfeited.
(6) Where the owner of any item seized under the provisions of this Part consents to its disposal, the item is upon such consent deemed to be forfeited.
(7) Any item forfeited or deemed to be forfeited under this section must be delivered to the Authority or an officer of the Authority and be disposed of in such manner as the Authority thinks fit.
(8) The costs of the disposal of any item under subsection (7) are to be borne by the owner of that item.[31R
Division 5 — Miscellaneous
Register of licensees
45.—(1) The Authority must keep a register of licensees containing —(a)
the names of all persons licensed under this Part;
(b)
the date the licence is granted to the person and the date of its expiry; and
(c)
such other particulars in relation thereto as may from time to time be prescribed.
(2) A person may, on payment of the prescribed fee, if any —(a)
inspect the register of licensees during the ordinary business hours of the Authority; or
(b)
obtain from the Authority a certificate as to whether a named person was a licensee on a specified date or during a specified period.
(3) A certificate purporting to be signed by the Authority certifying that a person was or was not licensed under this Part on a specified date or during a specified period is admissible in any proceedings as evidence of the matters stated in the certificate.[31S
Exemption
46.—(1) The Minister may, by order in the Gazette, exempt any person or class of persons, any premises or class of premises, or any essential construction material from all or any of the requirements of any provision in this Part.
(2) Without affecting subsection (1), nothing in this Part prohibits or prevents any person not licensed under this Part from importing —(a)
worked monumental granite, granite sculptures or statues; or
(b)
millstones, grindstones, grinding wheels made of granite and the like, for grinding, sharpening, polishing, trueing or cutting, hand sharpening or polishing stones or metal.[31T
Power to make regulations under this Part
47.—(1) The Authority may, with the approval of the Minister, make regulations for carrying out the provisions of this Part and for the due administration thereof and, in particular, for or with respect to all or any of the following matters:(a)
the form and procedure for applications for licences, import permits and storage permits;
(b)
the keeping of records and provision of returns by licensees in relation to the import, storage and supply of essential construction materials by licensees;
(c)
the duties of any person to whom any licence, import permit or storage permit is granted under this Part, and the duties of such a person upon the suspension, revocation or cancellation of such licence or permit;
(d)
the requirements in accordance with which the import, storage or supply of essential construction materials by licensees are to be carried out;
(e)
the procedures to be followed by any enforcement officer or authorised analyst in the sampling or evaluation of essential construction materials under this Part, including the periods within which any such evaluations are to be completed;
(f)
the conduct by an enforcement officer or assisting officer of routine inspections of premises that are being used for the supply or storage of essential construction materials;
(g)
the fees to be paid in respect of any matter or anything done, or any services rendered, by the Authority under or by virtue of this Part, and the waiver or refund, in whole or in part, by such officers of the Authority of any such fees in the circumstances of any particular case;
(h)
the scheme mentioned in section 39 for the designation of authorised analysts;
(i)
the prescribing of offences in respect of the contravention of any regulations made under this section, and prescribing of fines, not exceeding $20,000 and imprisonment which may not exceed 2 years or both, that may, on conviction, be imposed in respect of any such offence;
(j)
the prescribing of anything that may be prescribed.
(2) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.[31U
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
