Default in compliance with notice or order
41.—(1) Where a person on whom a notice or order under this Act is served fails to comply with the notice or order within the time specified in the notice or order —(a)
the person shall, unless the person satisfies the court that the person has used all due diligence to comply with the notice or order, be guilty of an offence and shall, where no penalty is provided for such default, be liable on conviction to a fine not exceeding $20,000; and
(b)
the Director-General or any authorised officer may enter the premises under section 47 and execute the works specified in the notice or order.
(2) Any expenses reasonably incurred by the Director‑General under subsection (1)(b) may be recovered from the person in default, and section 51 and, if that person is the owner of the premises, section 53 apply in respect of those expenses.
(3) Nothing in this section is to be construed as prohibiting the Director‑General from carrying out any works specified in the notice or order at the request of a person who has been served with the notice or order upon an undertaking by that person to pay the costs and expenses in executing the works.
Appeal against notice or order
42.—(1) Where a person on whom a notice or order mentioned in section 28A(1) or 41(1) is served is aggrieved by the notice or order —(a)
the person may, within 14 days from the date the notice or order is served and in the prescribed form and manner, appeal to the Minister; and
(b)
no liability to a fine under section 41(1)(a) arises nor, except as provided for in this section, may any proceedings be taken or work done under the notice or order until after the appeal is determined or abandoned.[Act 24 of 2021 wef 01/10/2022]
(2) Where an appeal is brought under this section, the Minister may dismiss or allow the appeal unconditionally or subject to any conditions that the Minister considers fit, and any decision the Minister makes on the appeal is final.
(3) Where an appeal has been brought under this section, and the Minister is of the opinion that —(a)
the non-execution of the notice or order will be injurious or dangerous to public health; and
(b)
the immediate execution of the notice or order will not cause any injury to the person against whom the notice or order was made which cannot be compensated by damages,
the Minister may authorise the Director‑General immediately to execute the work.
(4) The Director-General must, if he or she carries out the work and the appeal is successful, pay the costs and expenses of the work and any damages sustained by the appellant by reason of the work.
(5) The Director-General may, if he or she carries out the work and the appeal is dismissed or abandoned, recover the costs and expenses of the work from the appellant, and section 51 and, if the appellant is the owner of the premises in respect of which the notice or order was made, section 53 apply to any sum recoverable from the appellant under this section.
Power to demand names and addresses
43.—(1) The Director-General or any authorised officer may require any owner or occupier of any premises or any principal contractor mentioned in section 35 to —(a)
give his or her name and address and any other proof of identity; and
(b)
furnish any other particulars,
that the Director-General or authorised officer may require for the purposes of this Act.
(2) Any person who, upon being required by the Director‑General or any authorised officer to give his or her name and address or other proof of identity or to furnish any particulars under subsection (1) —(a)
refuses to do so;
(b)
wilfully misstates his or her name and address or proof of identity; or
(c)
furnishes false particulars,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(3) The Director-General may, by written notice, require any person to furnish any other information that may be necessary for the purposes of this Act.
(4) Any person who fails without reasonable excuse to comply with any requirement of subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Powers of Director-General to examine and secure attendance
44.—(1) The Director-General or any authorised officer may —(a)
examine orally any person supposed to be acquainted with the facts and circumstances of matters under this Act, and reduce to writing any statement made by the person so examined; and
(b)
require by written order the attendance before himself or herself of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Act, and that person must attend as so required.
(2) The person mentioned in subsection (1)(a) is bound to state truly the facts and circumstances with which he or she is acquainted concerning matters under this Act, except only that he or she may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose him or her to a criminal charge, penalty or forfeiture.
(3) A statement made under this section by any person must be read over to the person and must after correction (if necessary) be signed by the person.
(4) If any person fails to attend as required by an order under subsection (1)(b), the Director‑General may report the failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order.
Power to obtain information
44A.—(1) The Director-General or an authorised officer may by written notice require any licensee or other person to furnish, within a reasonable period specified in the notice, and in the form and manner that may be specified in the notice, all documents and information which relate to any matter that the Director-General or authorised officer considers necessary for the purposes of administering, enforcing or monitoring compliance with any provision of this Act, and which are within the knowledge of that person or in that person’s custody or under that person’s control.[12/2011]
[Act 24 of 2021 wef 28/02/2022]
(2) The power to require a person to furnish any document or information under subsection (1) includes the power —(a)
to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information;
(b)
if the document or information is not furnished, to require that person to state, to the best of that person’s knowledge and belief, where it is; and
(c)
if the information is recorded otherwise than in legible form, to require the information to be made available to the Director-General or any authorised officer in legible form.[12/2011]
[Act 24 of 2021 wef 28/02/2022]
(3) Any person who, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[12/2011]
(4) Any person who —(a)
intentionally alters, suppresses or destroys any document or information which the person has been required by a notice under subsection (1) to furnish; or
(b)
in furnishing any document or information required under subsection (1), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both.
[12/2011]
(5) If any person fails to comply with a notice under subsection (1), the court may, on the application of the Director-General, make any order that the court thinks fit to secure compliance with the notice and the order may provide that all the costs or expenses of and incidental to the application must be borne by the person or by any officer of a company or other association who is responsible for the failure.[12/2011]
[Act 24 of 2021 wef 28/02/2022]
(6) Where a notice under subsection (1) is issued in connection with investigations into a suspected offence under this Act, the Director-General or any authorised officer may, at any time after the expiry of the period specified in the notice, enter any building or place where the Director-General or authorised officer has reason to believe that any document or information, in respect of which it has given the notice, may be found, and seize or take extracts or copies of that document or information.[12/2011]
[Act 24 of 2021 wef 28/02/2022]
(7) The Director-General or any authorised officer is entitled without payment to keep any document or information, or any copy or extract thereof, furnished under subsection (1) or obtained under subsection (6).[12/2011]
[Act 24 of 2021 wef 28/02/2022]
Powers of arrest
45.—(1) The Director-General, an authorised officer or a police officer may arrest any person whom the Director‑General or officer has reason to believe has committed an offence under this Act, if the name and address of the person are unknown to him or her and —(a)
the person declines to give his or her name and address; or
(b)
there is reason to doubt the accuracy of the name and address, if given.
(2) A person arrested under this section may be detained until his or her name and address are correctly ascertained.
(3) No person so arrested may be detained longer than is necessary for bringing him or her before a court.
Director-General may act in cases of emergency
46.—(1) Where the Director-General considers it necessary in the case of an emergency, he or she may direct the immediate execution of any work or the doing of any act being any work or act authorised under this Act which is in his or her opinion necessary to prevent injury or danger to public health or serious pollution of the environment.[12/2011]
(2) Any expenses reasonably incurred by the Director‑General under subsection (1) may be recovered from the person whose act or omission resulted in the emergency or the owner of the premises where the emergency originated, and section 51 and, if that person is the owner of the premises, section 53 apply in respect of those expenses.[12/2011]
Power of entry
47.—(1) The Director-General or any authorised officer may, for the purposes of this Act, enter at all reasonable hours in the daytime any premises with any assistants and workmen that are necessary for the purpose of making any survey, inspection or investigation and executing any work authorised by this Act or exercising any power under section 40T.[Act 24 of 2021 wef 01/10/2022]
(2) Unless the consent of the occupier has been obtained therefor, a person must not enter into any dwelling house in actual occupation under this section without 6 hours’ previous notice to the occupier.
(3) For the purposes of this section, the Agency may, with the approval of the Minister, declare that any class of premises is liable to night inspection.
(4) The Director-General or any authorised officer, with any assistants and workmen that are necessary, may, at any time of the day or night and without notice, enter using such force as may be necessary and search or inspect any premises of the class specified in the declaration mentioned in subsection (3).
Power to enter on land adjacent to works
48.—(1) The Director-General or any authorised officer, with such assistants and workmen as are necessary, may enter upon any land, adjoining or being within 100 metres of any works by this Act authorised to be executed —(a)
for the purpose of depositing upon that land any soil, gravel, sand, lime, brick, stone or other materials; or
(b)
for any other purposes connected with the formation of those works,
without making any previous payment, tender or deposit and doing as little damage as may be in the exercise of the powers under this subsection.
(2) The Director-General must compensate —(a)
the owner and the occupier for any temporary occupation or temporary damage of the land from time to time and as often as the temporary occupation is taken or the temporary damage done; and
(b)
the owner for the permanent injury (if any) to the land.
(3) Before the Director-General makes any use of any land under subsection (1), he or she must give 7 days’ notice of his or her intention to the owner and the occupier of the land.
Penalty for obstructing Director-General in his or her duty
49. Any person who at any time —(a)
hinders or obstructs the Director‑General or any authorised officer in the performance or execution of his or her duty or of any thing which he or she is empowered or required to do under this Act;
(b)
interferes with any work authorised to be executed under this Act; or
(c)
fails to facilitate by all reasonable means the entry and inspection of any premises by the Director‑General or any authorised officer or the examination of any equipment, industrial plant, container or the making of any tests which the Director‑General or any authorised officer is empowered under this Act to make,
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 3 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 months or to both.
Powers of search and seizure
50. If the Director-General has reason to believe that any hazardous substance or toxic substance is being kept, stored, processed, treated, discharged or deposited, or air impurities are being emitted, or any hazardous substance or toxic substance or trade effluent is being discharged without his or her consent, the Director‑General or any authorised officer may —(a)
search the premises and take possession of any substance found in the premises and reasonably believed to be or contain hazardous substances;
(b)
require the production of records, certificates, notices and documents relating or reasonably believed to relate to any dealing in or with hazardous substances or toxic substances, emission of air impurities or discharge of trade effluent or toxic substance wherever and by whomsoever kept and whether kept under the provisions of this Act or otherwise and take extracts therefrom;
(c)
take samples of any materials whether solid, liquid, gaseous or vapour found in the premises;
(d)
seal the samples and require the owner of the materials to send the samples to an analyst for analysis and bear any costs and expenses arising therefrom;
(e)
require the owner or analyst to submit the results of the analysis to the Director‑General;
(f)
take such photographs as he or she thinks necessary for the purposes of this Act; and
(g)
require any person whom he or she finds in the premises to produce his or her identity card or other identification papers for inspection for the purpose of an investigation or inquiry under this Act.
Power to examine motor vehicles
50A.—(1) Where the Director-General or any authorised officer has reason to suspect that an offence under this Act or the regulations made under this Act has been committed in connection with the use of a motor vehicle, the Director‑General or authorised officer may —(a)
examine the motor vehicle;
(b)
require the owner or driver of the motor vehicle to provide his or her name and address and such other proof of identity; and
(c)
order the owner or driver of the motor vehicle to produce the same for an examination of vehicle emissions at any time and place that may be specified.[12/2011]
(2) Any person who without reasonable excuse fails to comply with any requirement under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[12/2011]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
