Provision of public disposal facilities
Open ↗22.—(1) The Director-General may —(a)
provide, acquire, construct and maintain any disposal facility (called in this Act a public disposal facility) for the deposit, disposal and treatment of refuse or waste as he or she may consider necessary; and
(b)
make available the facility to any person upon payment of any fees or charges as may be prescribed.
(2) The Director-General may —(a)
refuse to accept any refuse or waste brought to any public disposal facility without giving any reason; or
(b)
accept refuse or waste of any description or kind upon any terms and conditions that he or she may consider necessary.
No disposal facility to be constructed, etc., without waste disposal licence
Open ↗23.—(1) A person must not construct, establish, maintain or operate any disposal facility without a waste disposal licence granted by the Director‑General under this section.
(1A) Without limiting section 99(2), an application for the grant or renewal of a waste disposal licence must —(a)
be in the form and manner specified by the Director-General;
(b)
be accompanied by an application fee, if prescribed; and
(c)
be accompanied by any prescribed information that the Director-General requires to decide on the application, including but not limited to the following:(i)
a progressive wage plan for the waste disposal workers that the applicant employs who are citizens or permanent residents of Singapore, that complies with the prescribed requirements;
(ii)
evidence that such proportion of the waste disposal workers that the applicant employs, have attended such training and at such frequency, as the Director-General may specify.[Act 5 of 2023 wef 01/07/2023]
(1B) The Director-General may refuse to consider an application that is incomplete or not made in accordance with subsection (1A).[Act 5 of 2023 wef 01/07/2023]
(2) The Director‑General may grant a waste disposal licence authorising any person to construct, establish, maintain or operate any disposal facility.[Act 5 of 2023 wef 01/07/2023]
(3) A waste disposal licence may be granted under this section following a public tender or in any other manner that the Director‑General thinks fit.[Act 5 of 2023 wef 01/07/2023]
(3A) The Director-General may subdivide waste disposal licences into classes, such as according to the type of waste that may be received, stored, sorted, treated or processed at the disposal facility maintained or operated by the waste disposal licensee, and may grant or renew a waste disposal licence accordingly for one or more such classes.[Act 5 of 2023 wef 01/07/2023]
(4) Except as otherwise prescribed under section 99(9), the Director‑General may require any waste disposal licensee to render a payment on the grant of a waste disposal licence under this section or such periodic payments during the currency of the waste disposal licence or both of such amount or amounts as the Director‑General may determine by or under the waste disposal licence.[Act 5 of 2023 wef 01/07/2023]
(5) Without limiting section 99(1), conditions attached to a waste disposal licence granted under this section may include —(a)
a condition requiring the waste disposal licensee to comply with any standard of service and level of performance that the Director‑General may specify;[Act 5 of 2023 wef 01/07/2023]
(b)
[Deleted by Act 5 of 2023 wef 01/07/2023]
(c)
a condition regulating the charge to be levied by the waste disposal licensee for the provision of the waste disposal facility; and[Act 5 of 2023 wef 01/07/2023]
(d)
a condition requiring the waste disposal licensee not to accept any waste which in the opinion of the Director‑General is not suitable for disposal.[Act 5 of 2023 wef 01/07/2023]
[Act 5 of 2023 wef 01/07/2023]
(5A) The Director-General may —(a)
under section 99(1)(c), impose different conditions for different classes of waste disposal licences or waste disposal licensees under different circumstances; and
(b)
despite section 99(13), modify any condition or add any new condition during the period to which a waste disposal licence relates, if the Director-General is satisfied that it is in the public interest to do so,
except that any such condition or modification must not be inconsistent with any prescribed condition referred to in section 23A(1) or (2).
[Act 5 of 2023 wef 01/07/2023]
(6) The Director-General may by written notice require any owner or occupier of any work place to construct, establish, maintain or operate any disposal facility.
(7) Any person using, working or operating a disposal facility must use, work or operate the disposal facility in any manner that the Director‑General may require.
(8) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.
(9) If in any proceedings for a contravention of subsection (1) it is shown that any premises are being used as a disposal facility, it is presumed, until the contrary is proved, that the occupier of the premises has constructed, established, maintained or operated the disposal facility.[Act 5 of 2023 wef 01/07/2023]
Prescribed conditions relating to progressive wage model for waste disposal industry
Open ↗23A.—(1) For the purpose of regulating and upgrading the standards and productivity in the waste disposal industry in Singapore, regulations may be made under section 111 to impose conditions on waste disposal licensees for the training of waste disposal workers and the payment of progressive wages to waste disposal workers that ensure a more engaged waste disposal workforce and the retention of a core of waste disposal workers who are citizens or permanent residents of Singapore (called in this section resident waste disposal workers).
(2) Without limiting subsection (1), the prescribed conditions referred to in that subsection may include —(a)
conditions requiring the waste disposal licensee to enter into a contract of service in writing with each waste disposal worker employed by the waste disposal licensee;
(b)
conditions requiring every contract of service entered into between the waste disposal licensee and every resident waste disposal worker to provide for the payment of a baseline wage, a progressive wage model bonus or an overtime payment to the resident waste disposal worker, that —(i)
is not less than the amount; and
(ii)
in the case of a progressive wage model bonus, is to be paid at the frequency,
specified by order under section 31DA(1) for the class of waste disposal workers that the resident waste disposal worker belongs to;
(c)
conditions requiring the waste disposal licensee to ensure that every waste disposal worker employed by the waste disposal licensee satisfies the training requirements as may be specified by the Director-General for the class of waste disposal workers that the waste disposal worker belongs to;
(d)
conditions prohibiting the waste disposal licensee from deploying any individual who is not employed by the waste disposal licensee to carry out any waste disposal work, unless the individual is a waste disposal worker employed by another waste disposal licensee; and
(e)
conditions requiring the waste disposal licensee to keep such records, accounts or documents relating to the business or activities that the waste disposal licensee is authorised to carry out under the waste disposal licence, as may be prescribed, and retain those records, accounts or documents for a prescribed period.
(3) The Director-General must not exercise his or her powers under section 99(15)(c) or (d) in relation to a waste disposal licensee for failing to comply with any condition mentioned in subsection (2)(b) unless the Director-General has first consulted the Commissioner for Labour.[Act 5 of 2023 wef 01/07/2023]
Prohibition against disposal of industrial waste in unauthorised places
Open ↗24.—(1) A person must not dispose of or cause or permit to be disposed of industrial waste in or at any place except in or at a public disposal facility or a disposal facility established pursuant to a waste disposal licence granted by the Director-General under section 23(2).[Act 5 of 2023 wef 01/07/2023]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 and to imprisonment for a term of not less than one month and not more than 12 months.
(3) For the purposes of this Act, a person is said to dispose of industrial waste if the person burns, sells, gives away, discards, dumps, incinerates, deposits, processes, recycles, throws or treats such waste and “disposal” is to be construed accordingly.
Proper storage of industrial waste
Open ↗25. The occupier of any work place where industrial waste is being produced must keep or store the waste before disposal in a proper and efficient manner so as not to create a nuisance or to cause any risk, harm or injury to persons or animals or is likely to pollute the environment.
Notice requiring periodic removal of industrial waste from premises
Open ↗26.—(1) The Director-General may, by written notice, require the occupier of any work place to remove periodically industrial waste from such premises to a disposal facility.
(2) The Director-General may, by written notice, require any occupier upon whom a notice has been served under subsection (1) to provide evidence that the industrial waste from the premises has been disposed of at a disposal facility in accordance with the notice.
Industrial waste brought to disposal facility to be recycled or treated
Open ↗28. The Director-General may, by written notice, require the occupier of any work place to recycle or treat any industrial waste found or produced in those premises at the occupier’s own expense before it is brought to any disposal facility for disposal.
Dangerous substance or toxic industrial waste not to be brought to disposal facility without permission
Open ↗29.—(1) A person who owns or is in possession of any dangerous substance or toxic industrial waste or the residue from the treatment thereof must not bring or cause to be brought the substance or waste to any disposal facility for disposal without the written permission of the Director‑General.
(2) An application for the written permission mentioned in subsection (1) must be made to the Director‑General giving details of the nature and composition of the dangerous substance or toxic industrial waste and the residue thereof.
(3) In granting the permission under subsection (1), the Director‑General may, by written notice, require the owner or the person in possession of the dangerous substance or toxic industrial waste to treat such substance or waste at the owner’s or person’s own expense before it is brought to any disposal facility for disposal.
(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(5) Any waste disposal licensee who knowingly allows any dangerous substance or any toxic industrial waste or the residue from the treatment thereof to be disposed of at the disposal facility in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
Excessive production of toxic industrial waste
Open ↗30. Where in the opinion of the Director‑General the quantity of toxic industrial waste produced in any work place is or is likely to be excessive or unduly toxic, he or she may by notice require the occupier of the work place to —(a)
alter the method of operation or process used in the work place;
(b)
alter, install, repair or replace any device, equipment or plant used in the work place;
(c)
use other materials or substances other than those used in the work place; or
(d)
take any other steps that may be necessary to reduce the quantity or toxicity of such waste.
Furnishing of information and keeping, etc., of records on waste and submission of waste reduction plan
Open ↗30A.—(1) The Director‑General may, by written notice from time to time, require any owner, occupier or lessee of a work place to do all or any of the following:(a)
to furnish the Director‑General with any information on the amount, type and nature of any waste produced in that work place and any other particulars that may be specified in the notice;
(b)
to keep and maintain records containing any information on any waste produced in that work place that may be specified in the notice and retain those records for the period that may be specified in the notice;
(c)
to submit to the Director‑General any waste reduction plan for the period and containing information on the targets for waste reduction, measures to reduce waste and the progress of any waste reduction measure contained in any waste reduction plan previously submitted to the Director‑General, and any other particulars relating to waste reduction, that may be specified in the notice.[15/2014]
(2) Any person who fails to comply with any notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.[15/2014]
Licensing of persons carrying on business of collecting, removing, etc., of refuse or waste
Open ↗31.—(1) A person must not carry on the business of collecting, removing, transporting, storing or importing refuse or waste of any description without a waste collector licence granted by the Director‑General under this section.
(1A) Without limiting section 99(2), an application for the grant or renewal of a waste collector licence must —(a)
be in the form and manner specified by the Director-General;
(b)
be accompanied by an application fee, if prescribed; and
(c)
be accompanied by any prescribed information that the Director-General requires to decide on the application, including but not limited to the following:(i)
a progressive wage plan for the waste collection workers that the applicant employs who are citizens or permanent residents of Singapore, that complies with the prescribed requirements;
(ii)
evidence that such proportion of the waste collection workers that the applicant employs, have attended such training and at such frequency, as the Director-General may specify.[Act 5 of 2023 wef 01/07/2023]
(1B) The Director-General may refuse to consider an application that is incomplete or not made in accordance with subsection (1A).[Act 5 of 2023 wef 01/07/2023]
(2) The Director‑General may grant a waste collector licence authorising any person to carry on the business of collecting, removing, transporting, storing or importing refuse or waste of any description.[Act 5 of 2023 wef 01/07/2023]
(3) The Director‑General may designate any person who has been granted a waste collector licence under this section as a public waste collector licensee.[Act 5 of 2023 wef 01/07/2023]
(4) A waste collector licence may be granted under this section following a public tender or in any other manner that the Director‑General thinks fit.[Act 5 of 2023 wef 01/07/2023]
(4A) The Director-General may subdivide waste collector licences, whether granted or renewed before, on or after the date of commencement of section 13(c) of the Environmental Public Health (Amendment) Act 2023, into classes, such as according to the type of refuse or waste that may be collected, removed, transported, stored or imported by the waste collector licensee, and may grant or renew a waste collector licence accordingly for one or more such classes.[Act 5 of 2023 wef 01/07/2023]
(5) Except as otherwise prescribed under section 99(9), the Director‑General may require any waste collector licensee to render a payment on the grant of a waste collector licence under this section or such periodic payments during the currency of the waste collector licence or both of such amount or amounts as the Director‑General may determine by or under the waste collector licence.[Act 5 of 2023 wef 01/07/2023]
(6) Without limiting section 99(1), conditions attached to a waste collector licence granted under this section may include —(a)
a condition requiring the waste collector licensee to comply with such standard of service and level of performance as the Director‑General may specify;[Act 5 of 2023 wef 01/07/2023]
(b)
a condition restricting, in a manner specified in the waste collector licence, the provision by the waste collector licensee of the service of collecting and removing refuse or waste to premises which are of a class or description so specified and to the area so specified; and [Act 5 of 2023 wef 01/07/2023]
(c)
[Deleted by Act 5 of 2023 wef 01/07/2023]
(d)
a condition regulating the charge to be levied by the waste collector licensee for the provision of the service of collecting and removing refuse or waste.[Act 5 of 2023 wef 01/07/2023]
[Act 5 of 2023 wef 01/07/2023]
(6A) The Director-General may —(a)
under section 99(1)(c), impose different conditions for different classes of waste collector licences or waste collector licensees under different circumstances; and
(b)
despite section 99(13), modify any condition or add any new condition during the period to which a waste collector licence relates, if the Director-General is satisfied that it is in the public interest to do so,
except that any such condition or modification must not be inconsistent with any prescribed condition referred to in section 31AA(1) or (2).
[Act 5 of 2023 wef 01/07/2023]
(7) Any person who collects or transports refuse or waste of any description must ensure that the refuse or waste or liquid from the refuse or waste is not dropped, scattered or spilled onto any public place.
(8) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
Special administration order, etc., made on application by Agency
Open ↗31A.—(1) If, on an application made to the Minister by the Agency, the Minister is satisfied, in relation to any public waste collector licensee, that any one or more of the grounds specified in subsection (2) is satisfied, the Minister may make any one or more of the following orders:(a)
a special administration order in relation to that public waste collector licensee;
(b)
an order requiring the public waste collector licensee immediately to take action or to do or not to do any act or thing in relation to that part of its business or undertaking to which its licence relates as the Minister may consider necessary;
(c)
an order appointing a person to advise the public waste collector licensee on the proper conduct of that part of its business or undertaking to which its licence relates.[15/2014]
(2) The grounds mentioned in subsection (1) are —(a)
there has been, is or is likely to be, a contravention by the public waste collector licensee of the conditions of its licence that is serious enough to make it inappropriate for the public waste collector licensee to continue to be designated a public waste collector licensee;
(b)
the public waste collector licensee is or is likely to be unable to pay its debts;
(c)
a public emergency has occurred;
(d)
the Minister considers it in the interest of the security and reliability of waste collection and removal services to the public; or
(e)
the Minister otherwise considers it in the public interest.[15/2014]
(3) The Agency must immediately give notice of any application under subsection (1) to such persons and in such manner as the Agency may determine.[15/2014]
(4) Any order made by the Minister under subsection (1) must be published in a manner that will secure adequate publicity.[15/2014]
(5) Any decision of the Minister under subsection (1) is final.[15/2014]
(6) For the purposes of this section, in the case of a public waste collector licensee which is a company, the public waste collector licensee is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.[15/2014; 40/2018]
Prescribed conditions relating to progressive wage model for waste collection industry
Open ↗31AA.—(1) For the purpose of regulating and upgrading the standards and productivity in the waste collection industry in Singapore, regulations may be made under section 111 to impose conditions on waste collector licensees for the training of waste collection workers and the payment of progressive wages to waste collection workers that ensure a more engaged waste collection workforce and the retention of a core of waste collection workers who are citizens or permanent residents of Singapore (called in this section resident waste collection workers).
(2) Without limiting subsection (1), the prescribed conditions referred to in that subsection may include —(a)
conditions requiring the waste collector licensee to enter into a contract of service in writing with each waste collection worker employed by the waste collector licensee;
(b)
conditions requiring every contract of service entered into between the waste collector licensee and every resident waste collection worker to provide for the payment of a baseline wage, a progressive wage model bonus or an overtime payment to the resident waste collection worker, that —(i)
is not less than the amount; and
(ii)
in the case of a progressive wage model bonus, is to be paid at the frequency,
specified by order under section 31DA(1) for the class of waste collection workers that the resident waste collection worker belongs to;
(c)
conditions requiring the waste collector licensee to ensure that every waste collection worker employed by the waste collector licensee satisfies the training requirements as may be specified by the Director-General for the class of waste collection workers that the waste collection worker belongs to;
(d)
conditions prohibiting the waste collector licensee from deploying any individual who is not employed by the waste collector licensee to carry out any waste collection work, unless the individual is a waste collection worker employed by another waste collector licensee; and
(e)
conditions requiring the waste collector licensee to keep such records, accounts or documents relating to the business or activities that the waste collector licensee is authorised to carry out under the waste collector licence, as may be prescribed, and retain those records, accounts or documents for a prescribed period.
(3) The Director-General must not exercise his or her powers under section 99(15)(c) or (d) in relation to a waste collector licensee for failing to comply with any condition mentioned in subsection (2)(b) unless the Director-General has first consulted the Commissioner for Labour.[Act 5 of 2023 wef 01/07/2023]
Meaning and effect of special administration orders
Open ↗31B.—(1) A special administration order is an order of the Minister made in accordance with section 31A directing that, during the period for which the order is in force, the affairs, business and property of the public waste collector licensee must be managed directly or indirectly by the Agency —(a)
for securing one or more of the purposes of such an order set out in subsection (2); and
(b)
in a manner which protects the respective interests of the members, creditors and customers of that public waste collector licensee.[15/2014]
(2) The purposes mentioned in subsection (1)(a) are —(a)
the security and reliability of the supply of waste collection and removal services in any specified area to the public;
(b)
the survival of the public waste collector licensee, or the whole or part of its business for which it is authorised by its licence to carry on, as a going concern;
(c)
the transfer to another person, or (as respects different parts of its undertaking) to 2 or more different persons, as a going concern, of so much of the public waste collector licensee’s undertaking as it is necessary to transfer in order to ensure that the functions which have been vested in the public waste collector licensee by virtue of its licence may be properly carried out; or
(d)
the carrying out of those functions and duties which have been vested in the public waste collector licensee pending the making of the transfer and the vesting of those functions and duties in other person or persons.[15/2014]
(3) The Minister may, by rules in the Gazette, give effect to this section and section 31A, including making provision for applying, omitting or modifying provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018 where a special administration order is made.[15/2014; 40/2018]
[Act 31 of 2022 wef 01/11/2022]
Remuneration and expenses of Agency and others
Open ↗31C.—(1) Where a special administration order has been made under section 31A(1)(a), the Agency may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the public waste collector licensee to the Agency.[15/2014]
(2) The Agency may, at any time, fix the remuneration and expenses to be paid by a public waste collector licensee to any person appointed by the Minister under section 31A(1)(c), whether or not the appointment of the person has terminated.[15/2014]
Restrictions on voluntary winding up, etc.
Open ↗31D.—(1) Despite the provisions of any other written law —(a)
a public waste collector licensee must not be wound up voluntarily without the consent of the Agency;
(b)
no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a public waste collector licensee;
(c)
no step may be taken by any person to enforce any security over a public waste collector licensee’s property, except where that person has served on the Agency 14 days’ notice of the person’s intention to take that step;
(d)
no step may be taken by any person to enforce a judgment or an order of court obtained against a public waste collector licensee, except where that person has served on the Agency 14 days’ notice of the person’s intention to take that step; and[Act 25 of 2021 wef 01/04/2022]
(e)
no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to a public waste collector licensee, unless that person has served 14 days’ written notice of that person’s intention to make the application on the Agency.[15/2014; 40/2018]
(2) The Agency must be a party to —(a)
any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a public waste collector licensee; or
(b)
any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a public waste collector licensee.[40/2018]
Amounts specified by Commissioner for Labour for waste management industry
Open ↗31DA.—(1) For the purposes of the prescribed conditions referred to in sections 23A(2)(b) and 31AA(2)(b), the Commissioner for Labour must, by order, specify the following that must be paid to every waste management worker who is a citizen or permanent resident of Singapore:(a)
the minimum amount of baseline wage and the date that minimum amount takes effect;
(b)
the minimum amount of overtime payment, or the manner of calculating that minimum amount, and the date that minimum amount or manner of calculation (as the case may be) takes effect;
(c)
the minimum amount of progressive wage model bonus and the frequency at which the progressive wage model bonus is to be paid, and the date that minimum amount and frequency take effect.
(2) An order under subsection (1) may specify —(a)
different minimum amounts mentioned in subsection (1)(a);
(b)
different minimum amounts or different manner of calculating the minimum amount mentioned in subsection (1)(b); and
(c)
different minimum amounts and different frequency of payments mentioned in subsection (1)(c),
for different classes of waste management workers, and may be varied from time to time.
(3) In making an order under subsection (1), the Commissioner for Labour must consider the recommendations by the Tripartite Cluster for Waste Management on remuneration for waste management workers, if any.
(4) The Commissioner for Labour must publish every order he or she makes under subsection (1) in any way he or she thinks appropriate to bring the order to the notice of persons who, in his or her opinion, ought to have notice of the order, except that failure to comply with this subsection in respect of any order does not invalidate the order.
(5) The amount specified under subsection (1)(a) takes effect for the purposes of the prescribed conditions referred to in sections 23A(2)(b) and 31AA(2)(b) even though the baseline wage that would have been payable to a waste management worker under any collective agreement, as defined in section 2 of the Industrial Relations Act 1960, is lower than that amount.
(6) The amount specified under subsection (1)(b) takes effect for the purposes of the prescribed conditions referred to in sections 23A(2)(b) and 31AA(2)(b) even though the overtime payment as provided for under the Employment Act 1968 that would have been payable to a waste management worker is lower than that amount.
(7) The Director-General may, by written notice to waste disposal licensees or waste collector licensees (as the case may be), postpone the effective date specified by an order under subsection (1)(a), (b) or (c) —(a)
in relation to waste management workers employed (whether or not exclusively) to carry out waste collection work or waste disposal work before that effective date; and
(b)
where the Commissioner for Labour varies the order — in relation to waste management workers employed (whether or not exclusively) to carry out waste collection work or waste disposal work before the variation otherwise takes effect.
(8) In this section, “Tripartite Cluster for Waste Management” means the body, comprising the representatives from employers, the trade unions of employees, and the Government, which is responsible for making recommendations on progressive wages for waste management workers.[Act 5 of 2023 wef 01/07/2023]
Monitoring powers
Open ↗31DB.—(1) Subject to subsection (2), the Director-General or any authorised officer appointed under section 3(2) may, for the purpose of monitoring a licensee’s compliance with any provision of this Part or any condition of a waste collector licence or waste disposal licence, by written notice —(a)
require the licensee to produce any records, accounts and documents kept by the licensee in relation to —(i)
the business that the licensee is authorised to carry on under the waste collector licence or waste disposal licence; or
(ii)
the payment of remuneration to the licensee’s waste management workers,
within such reasonable time as may be specified in the notice;
(b)
inspect, examine and make copies of any such records, accounts and documents so produced; and
(c)
make any inquiry that may be necessary to ascertain whether any provision of this Part or any condition of the waste collector licence or waste disposal licence, is complied with.
(2) Where the Director-General or any authorised officer appointed under section 3(2) has received information or has reasonable cause to believe that an offence under this Part or a failure to comply with any condition of a waste collector licence or waste disposal licence has occurred, or is occurring or about to occur, the Director-General or authorised officer may exercise all or any of the powers mentioned in subsection (1) without having to issue any written notice.
(3) Where the records, accounts and documents mentioned in subsection (1) are kept in electronic form —(a)
the power of the Director-General or authorised officer under subsection (1)(a) to require any such records, accounts or documents to be produced for inspection includes power to require a copy of the records, accounts or documents to be made available for inspection in legible form and subsection (1)(b) applies accordingly in relation to any copy so made available; and
(b)
the power of the Director-General or authorised officer under subsection (1)(b) to inspect any such records, accounts or documents includes power to require the licensee or the person who produced the records, accounts or documents on behalf of the licensee or (where the records, accounts or documents are kept at any premises) any person on those premises to give the Director-General or authorised officer any assistance that the Director-General or authorised officer may reasonably require to enable him or her to inspect and make copies of the records, accounts or documents in legible form or to make records of information contained in them.
(4) Any person who fails, without reasonable excuse, to comply with any requirement imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(5) In this section, “licensee” means a waste collector licensee or waste disposal licensee.[Act 5 of 2023 wef 01/07/2023]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
