Occupier to maintain and operate air pollution control equipment
Open ↗10.—(1) The occupier of any industrial or trade premises must maintain any fuel burning equipment and any air pollution control equipment installed in or on the premises in an efficient condition.
(2) The occupier of any industrial or trade premises must ensure that any air pollution control equipment installed in or on the premises is working in a proper and efficient manner whenever the industrial plant or fuel burning equipment is being used.
(3) Any occupier who fails to comply with subsection (1) or (2) shall be guilty of an offence.
Prohibition of dark smoke from chimney
Open ↗11.—(1) Any owner or occupier of any industrial or trade premises who causes, permits or allows the emission of dark smoke from a chimney of, or used in connection with, those premises shall be guilty of an offence.
(2) This section does not apply to the emission of dark smoke from any chimney lasting for not longer than any periods that may be prescribed and subject to any prescribed limitations.
Control of air impurities
Open ↗12.—(1) Any owner or occupier of any industrial or trade premises who carries on any trade or industrial process, or operates any fuel burning equipment or industrial plant in or on the premises in any manner that causes, permits or allows the emission of air impurities in excess of the standard of concentration or rate of emission prescribed in respect of that industry, process, fuel burning equipment or industrial plant shall be guilty of an offence.
(2) Where any such standard has not been so prescribed, it is the duty of the owner or occupier of any industrial or trade premises to carry on any trade or industrial process or operate any fuel burning equipment or industrial plant in or on the premises by the best practicable means available as may be necessary to prevent or minimise air pollution.
(3) Any dispute that arises as to the best practicable means available for the purposes of subsection (2) is to be determined by the Director‑General.
(4) The Director-General may, in respect of a specified period of time, by written notice require the owner or occupier of any industrial or trade premises to ensure that any air impurity exceeding a specified amount is not emitted during that period.
(5) The Agency may, with the approval of the Minister, by regulations provide for the control or prohibition of the emission of air impurities from any other source.
Power of Director-General to require work on any premises
Open ↗13.—(1) Where, in the opinion of the Director‑General, any air impurities are being or are likely to be emitted from any industrial or trade premises, the Director‑General may by written notice require the owner or occupier of the premises —(a)
to install and operate any industrial plant, air pollution control equipment or additional air pollution control equipment, in or on the premises;
(b)
to repair, alter or replace any industrial plant, fuel burning equipment or air pollution control equipment installed in or on the premises;
(c)
to erect or alter the height or dimension of any chimney through which air impurities may be discharged from the premises;
(d)
to alter or cease the method of operation or process used in or on the premises to prevent, cease or reduce air pollution;
(e)
to use a specified type of fuel to prevent or reduce air pollution;
(f)
to dismantle or disconnect any industrial plant, fuel burning equipment, air pollution control equipment or chimney installed in or on the premises; or
(g)
to install and operate such instruments and carry out such tests and keep records thereof,
within such time and in such manner as may be specified in the notice.
[12/2011]
(2) The owner or occupier of any industrial or trade premises to whom a written notice is given under this section must comply with all the requirements set out in the notice.
Power to prohibit use of combustible materials, fuel burning equipment or industrial plants in designated areas
Open ↗14.—(1) The Agency may, with the approval of the Minister, by order in the Gazette —(a)
prohibit or restrict the use of any or any class of combustible material, fuel burning equipment or industrial plant as may be specified in the order; or
(b)
prohibit or restrict the burning of any or any class of material as may be specified in the order,
within such area or premises as may be designated and at such times as may be specified in the order.
(2) Any occupier or owner of any premises or any other person who contravenes an order made under subsection (1) shall be guilty of an offence.
(3) If, in any proceedings for a contravention or non‑compliance of an order made under subsection (1), it is shown that any combustible material, fuel burning equipment or industrial plant was found or that the burning of any material was carried out in or on any premises, it is presumed, until the contrary is proved, that —(a)
the combustible material, fuel burning equipment or industrial plant was used; or
(b)
the burning of any material was carried out,
by the occupier of the premises, other than a principal contractor to which section 35 applies.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
