Licensable aquatic facilities
Open ↗63.—(1) The owner or occupier of any premises in or on which a licensable aquatic facility is located, must not use or operate, or allow the use or operation of, the licensable aquatic facility unless that owner or occupier holds a valid aquatic facility licence for that purpose.[33/2020]
(2) Any person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)
for a first offence, to a fine not exceeding $5,000; and
(b)
for a second or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.[33/2020]
Prohibition of use or operation of aquatic facility
Open ↗64.—(1) The Director-General may, by written notice (called in this section the cessation notice), require the cessation (immediately or within the time specified in the cessation notice) of the use or operation of any aquatic facility or class of aquatic facilities (called in this section the relevant aquatic facility) for all or any of the purposes specified in subsection (2) if —(a)
it appears to the Director‑General that —(i)
the use or operation of the relevant aquatic facility is likely to endanger the health of any person and the cessation is necessary to prevent or manage that risk; or
(ii)
the cessation is necessary to prevent or manage the outbreak or spread of any infectious disease; or
(b)
in the case where the relevant aquatic facility is a licensable aquatic facility, the Director‑General is satisfied that any of the following (called in this section the applicable requirement) has been contravened in respect of the relevant aquatic facility:(i)
any provision of this Part;
(ii)
any regulations made under section 111 in relation to licensable aquatic facilities;
(iii)
any condition of the aquatic facility licence for the relevant aquatic facility.[33/2020]
(2) The purposes mentioned in subsection (1) are —(a)
the taking and analysis of any materials (whether solid, liquid, gaseous or vapour) found in or on the relevant aquatic facility;
(b)
the cleaning or disinfecting of the relevant aquatic facility;
(c)
the conducting of investigations relating to the relevant aquatic facility or any outbreak, suspected outbreak or spread of any infectious disease; and
(d)
the implementation of remedial measures in relation to the relevant aquatic facility.[33/2020]
(3) The cessation notice must be complied with by the owner or occupier of the premises in or on which the relevant aquatic facility is located (called in this section the responsible person).[33/2020]
(4) The Director-General must, by written notice (called in this section the resumption notice), permit the resumption of the use or operation of the relevant aquatic facility when the Director‑General is satisfied that —(a)
where the cessation notice is issued under subsection (1)(a)(i) — the use or operation of the relevant aquatic facility is no longer likely to endanger the health of any person;
(b)
where the cessation notice is issued under subsection (1)(a)(ii) — the cessation of the use or operation of the relevant aquatic facility is no longer necessary to prevent or manage the outbreak or spread of any infectious disease; or
(c)
where the cessation notice is issued under subsection (1)(b) — the Director‑General is satisfied that the responsible person is no longer in contravention of the applicable requirement.[33/2020]
(5) Where the cessation notice or resumption notice applies to or affects a class of responsible persons, it may be published in any manner that the Director‑General thinks necessary for bringing it to the notice of those responsible persons.[33/2020]
(6) Any person that contravenes any notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[33/2020]
Monitoring powers for purposes of this Part
Open ↗65.—(1) The Director-General or an authorised officer appointed under section 3(2) may, by written notice —(a)
inspect any aquatic facility for the purposes of administering or enforcing this Part or ascertaining whether this Part has been complied with; and
(b)
take and retain samples of any materials (whether solid, liquid, gaseous or vapour) found in or on the aquatic facility for analysis.[33/2020]
(2) The Director-General or an authorised officer appointed under section 3(2) may also, by written notice, require the owner or occupier of any premises in or on which any aquatic facility is located to provide, within a reasonable period, and in the form and manner specified in the notice, all documents and information which —(a)
relate to any matter which the Director‑General or authorised officer considers necessary for the purposes of administering or enforcing this Part or ascertaining whether this Part has been complied with; and
(b)
are —(i)
within the knowledge of the owner or occupier; or
(ii)
in the custody or under the control of the owner or occupier.[33/2020]
(3) The power to require an owner or occupier to provide any document or information under subsection (2) includes the power —(a)
to require the owner or occupier to provide an explanation of the document or information;
(b)
if the information is recorded otherwise than in legible form, to require the information to be made available in legible form to the Director‑General or an authorised officer appointed under section 3(2); and
(c)
if the document or information is not provided, to require the owner or occupier to state, to the best of the knowledge and belief of the owner or occupier, where it is and how it may be obtained.[33/2020]
(4) The Director-General or an authorised officer appointed under section 3(2) is entitled without payment to make and retain copies of any document or information provided to the Director‑General or authorised officer under subsection (2).[33/2020]
(5) Any person that, without reasonable excuse, fails to do anything required of the person by a notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[33/2020]
(6) For the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to provide any document or information which the person is required by a notice under subsection (2) to provide if doing so might tend to incriminate that person.[33/2020]
Application to Government
Open ↗66. This Part applies to any aquatic facility owned, managed or operated by the Government.[33/2020]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
