Appointment of Director-General and authorised officers
3.—(1) The Minister may appoint any person to be the Director‑General of Environmental Protection who is to be responsible for the administration of this Act and any other written law, subject to the general or special directions of the Minister.[Act 5 of 2025 wef 09/03/2025]
(1A) An appointment under subsection (1) must be published in the Gazette.[Act 5 of 2025 wef 09/03/2025]
(2) The Director-General may in writing appoint any of the following persons to be an authorised officer for the purposes of this Act:(a)
a public officer;
(b)
an officer or auxiliary officer of the Agency;
(c)
an officer of any statutory authority;
(d)
a member or an employee of any Town Council;
(e)
an auxiliary police officer appointed under the Police Force Act 2004.[4/2016]
(3) The Director-General may, with the approval of the Minister, delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by this Act to any authorised officer, subject to such conditions or limitations as the Director‑General may specify.
Public servants
4. Any authorised officer who is generally or specially authorised under section 3(2) to perform or exercise all or any of the functions, duties or powers which are imposed or conferred by this Act upon the Director‑General is deemed to be a public servant for the purposes of the Penal Code 1871.
Protection from personal liability
5.—(1) No liability shall lie against any authorised officer by reason of the fact that —(a)
any works are carried out in accordance with the provisions of this Act; or
(b)
such works or plans of the works are subject to inspection, approval or certification by the Director‑General or an authorised officer.[12/2011]
(2) Nothing in this Act makes it obligatory for the Director‑General or any authorised officer to inspect any building or works or the site of any proposed works to ascertain whether the provisions of this Act are complied with or whether any plans, certificates, reports, notices or other documents submitted to him or her are accurate.
(3) No matter or thing done by the Director‑General or by any authorised officer, if it were done with reasonable care and in good faith for the purpose of carrying out the provisions of this Act, subjects the Director‑General or any authorised officer personally to any liability whatsoever.[12/2011]
(4) Where the Director-General or any authorised officer provides any information to any person in respect of any building or works by electronic or other means, neither the Agency, the Director‑General nor any authorised officer shall be liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature or howsoever caused, including any defect or breakdown in the equipment used for providing the information, if such error or omission is made in good faith and in the ordinary course of duties of the Director‑General or authorised officer.
