Symbol or representation of Agency
Open ↗40.—(1) The Agency has the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit that symbol or representation in connection with its activities or affairs.
(2) Any person who uses a symbol or representation identical with that of the Agency, or which so resembles the Agency’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, 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 6 months or to both.
Power to enter land to set up meteorological observation station
Open ↗41.—(1) Where, in any emergency, the chief executive is of the opinion that the public health or the safety of the public may be adversely affected, the chief executive may direct any officer or employee of the Agency to enter upon any land, after giving reasonable notice, to set up a meteorological observation station and to operate the station in such manner as may be reasonably necessary.
(2) The Agency must pay compensation to the owner of the land for any permanent damage caused to the land in the exercise of the powers conferred by subsection (1).
(3) If any dispute arises as to the amount of compensation payable to the owner of such land, the dispute may be summarily determined by a District Court or a Magistrate’s Court.
(4) Except as provided in subsection (2), no action may be brought against the Agency for any compensation in respect of any damage caused arising out of the exercise of the powers conferred by subsection (1).
Powers of enforcement, etc.
Open ↗42.—(1) In addition to the powers conferred on an officer or employee of the Agency by this Act or any environmental written law, the officer or employee may —(a)
on declaration of the officer’s or employee’s office, and production of such identification card as the chief executive may direct to be carried by an officer or employee of the Agency —(i)
require any person whom the officer or employee reasonably believes to have committed any offence under this Act or that environmental written law to provide evidence of that person’s identity;
(ii)
for the purposes of this Act or that environmental written law —(A)
require any person to provide any information or produce any book, document or copy of a book or document in the possession of that person; and
(B)
without fee or reward inspect, copy or make extracts from that book, document or copy; and
(iii)
when conducting any investigation under this Act or that environmental written law, require, by order in writing, the attendance before the officer or employee of any person within the limits of Singapore who, from any information given or otherwise obtained by the officer or employee, appears to be acquainted with the circumstances of the case; and
(b)
photograph or otherwise record the scene of any offence under this Act or that environmental written law, and any thing or individual in the scene.[4/2016]
(2) Any person who —(a)
refuses to give access to, or assaults, obstructs, hinders or delays, an officer or employee of the Agency in the discharge of the duties by such officer or employee under this Act or any environmental written law;
(b)
wilfully misstates or without lawful excuse refuses to give any information or produce any book, document or copy thereof required of him or her by an officer or employee of the Agency under subsection (1)(a); or
(c)
fails to comply with a lawful demand of an officer or employee of the Agency in the discharge of the duties by such officer or employee under this Act or any environmental written law,
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 6 months or to both.
[4/2016]
(3) In this section —“photograph” includes making a digital image or a moving visual record;
“scene”, in relation to an offence under this Act or any environmental written law, means —(a)
any place or vehicle where the offence was committed, is reasonably suspected to have been committed, or is about to be committed; or
(b)
any place or vehicle associated with, or relevant to, the commission or suspected commission of the offence.[4/2016]
Authorisation of auxiliary officers to exercise powers of enforcement
Open ↗42A.—(1) The chief executive must, in writing, issue to each auxiliary officer an authorisation specifying the powers mentioned in subsection (3) that the auxiliary officer may exercise, and no other powers.[4/2016]
(2) The powers that an auxiliary officer may be authorised under this section to exercise may be exercised only to the extent authorised by the chief executive under this section and directed by an officer or employee of the Agency.[4/2016]
(3) An auxiliary officer may be authorised under this section to exercise all or any of the powers conferred on an officer or employee of the Agency by this Act or any environmental written law, in relation to any offence under this Act or that environmental written law.[4/2016]
(4) The authorisation of the chief executive under subsection (1) issued to an auxiliary officer may also do all or any of the following:(a)
limit the powers in subsection (3) that the auxiliary officer may exercise;
(b)
limit when, and where in Singapore, the auxiliary officer may exercise those powers or any of them;
(c)
limit the circumstances in which the auxiliary officer may exercise those powers or any of them.[4/2016]
(5) An auxiliary officer who is authorised under subsection (1) to exercise any power in subsection (3) —(a)
must obey all lawful directions (general or specific) of the chief executive and an officer or employee of the Agency when exercising that power; and
(b)
is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising that power.[4/2016]
(6) Without affecting subsection (5), where any law or written law protects an officer or employee of the Agency from liability for the officer’s or employee’s acts or omissions, that law or written law is taken to operate as if those acts or omissions included an auxiliary officer’s acts or omissions when acting in the course of the auxiliary officer’s duty as an auxiliary officer in accordance with —(a)
the written authorisation of the chief executive under subsection (1); and
(b)
the lawful directions (general or specific) of the chief executive and an officer or employee of the Agency.[4/2016]
(7) To avoid doubt, an auxiliary officer does not cease to be acting on the direction of an officer or employee of the Agency by reason only that the officer or employee is not present at all times.[4/2016]
Corporate offenders and unincorporated associations
Open ↗43.—(1) Where an offence under this Act committed by a body corporate is proved —(a)
to have been committed with the consent or connivance of an officer of the body corporate; or
(b)
to be attributable to any neglect on the part of an officer of the body corporate,
the officer as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of the body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on the part of a partner,
the partner as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of an officer of the association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —“officer” —(a)
in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body or person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary and members of the committee of the association and includes persons holding positions analogous to those of president, secretary or member of a committee;
“partner” includes a person purporting to act as a partner.
Jurisdiction of court
Open ↗44. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of the offence.
Evidence
Open ↗45.—(1) Subject to subsection (3), a document or certificate purporting to be a report under the hand of the chief executive or any officer authorised by the chief executive upon any matter or thing in connection with the administration or enforcement of this Act or with an investigation carried out under this Act is admissible as evidence in any proceedings under this Act and is prima facie evidence of the facts stated therein.
(2) For the purposes of this section, a document purporting to be a certificate mentioned in subsection (1) on its production by the prosecution is, until the contrary is proved, deemed to be such a certificate.
(3) A certificate mentioned in subsection (1) shall not be received in evidence under that subsection unless the person charged has been given —(a)
a copy of the certificate; and
(b)
notice of the intention of the prosecution to produce the certificate as evidence in the proceedings,
at least 10 clear days before the commencement of the proceedings.
(4) Where a certificate of the chief executive or any officer authorised by him or her is admitted in evidence under subsection (1), the person charged may require the chief executive or such officer to be called as a witness for the prosecution and be cross-examined as if he or she had given evidence of the matters stated in the certificate.
Composition of offences
Open ↗46.—(1) The chief executive or any officer authorised by him or her may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $1,000.
(2) On payment of the sum of money, no further proceedings are to be taken against such person in respect of the offence.
(3) The Agency may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded and the method and procedure by which those offences may be compounded under this section.
(4) All composition sums collected under this section must be paid into the Consolidated Fund.[11/2019]
Preservation of secrecy
Open ↗47.—(1) Except for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or where required or allowed by the provisions of any written law, a person who is or has been —(a)
a member, an officer, an employee, an auxiliary officer or an agent of the Agency; or
(b)
a member of a committee of the Agency,
must not disclose any information relating to the affairs of the Agency or of any other person which has been obtained by him or her in the performance of his or her duties or the exercise of his or her functions.
[4/2016; 5/2018]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
Regulations
Open ↗48.—(1) The Agency may, with the approval of the Minister, make regulations for all or any of the following purposes:(a)
regulating the proceedings of the Agency or of the committees of the Agency;
(b)
prescribing the form and duration of certificates and accreditation, certification and inspection marks for use in relation to any function of the Agency, the terms and conditions upon which and the circumstances in which —(i)
the certificates may be granted, suspended or cancelled; or
(ii)
the accreditation, certification and inspection marks may be affixed, used or removed,
and the fees payable in respect thereof;
(c)
prescribing any matter which is necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.
(2) The regulations may provide that a contravention thereof shall be punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
References in other written laws and documents
Open ↗49. Insofar as is necessary for preserving the effect of any written law or document on or after 1 July 2002 —(a)
a reference therein to the Commissioner of Public Health is to be read as a reference to the Director‑General of Public Health appointed under the Environmental Public Health Act 1987;
(b)
a reference therein to the Director of Environmental Pollution Control is to be read as a reference to the Director‑General of Environmental Protection; and
(c)
a reference therein to the Director of Meteorological Service is to be read as a reference to the Director‑General of Meteorological Service.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
