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Property of Board not fixtures
67. All works, apparatus, fixtures and fittings executed, erected on or affixed to any premises by the Board, or acquired by the Board, continue to remain the property of the Board and do not vest in the owner of the premises.[9/2012]
Powers of arrest
68.—(1) Any police officer or any person authorised in writing by the Chief Executive generally or in any particular case may arrest any person committing within his or her view or who he or she has reason to believe has committed any offence punishable under this Act if —(a) the name and address of the person are unknown to him or her; (b) the person declines to give his or her name and address; or (c) there is reason to doubt the accuracy of the name and address given. (2) A person arrested under this section may be detained until his or her name and address are correctly ascertained. (3) A person arrested under this section must not be detained longer than is necessary for bringing him or her before a court unless the order of a court for his or her continued detention is obtained.
Compensation, damages, costs and expenses to be determined by Magistrate’s Court or District Court
68A.—(1) Except as otherwise provided, in all cases where compensation, damages, fees, costs or expenses are provided under this Act to be paid, the amount and (if necessary) the apportionment of the amount and any question of liability are, in case of dispute, or failure to pay, to be summarily ascertained and determined by a Magistrate’s Court or, if the amount claimed exceeds the Magistrate’s Court limit, by a District Court.[9/2012] (2) In any proceeding under subsection (1), the Magistrate’s Court or District Court may —(a) inquire whether those expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings; (b) make any order concerning the expenses or their apportionment that appears to the Court to be just; and (c) where those expenses were incurred by the Board in carrying out any works under section 33(2)(b), 47(4) or (5) or 47A(5) or (6), inquire whether it was reasonable to carry out those works.[9/2012] (3) A Magistrate’s Court or District Court is not to order the expenses or any part of the expenses to be borne by any person other than the defendant in the proceedings unless the Court is satisfied that the other person has had due notice of the proceedings and an opportunity of being heard.[9/2012] (4) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay it within 7 days after demand, that amount may be reported to a Magistrate’s Court or District Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court or District Court, as the case may be.[9/2012] (5) An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals.[9/2012; 40/2019]
Claims for fees, charges and taxes overpaid or erroneously paid
68B.—(1) Except as provided in this section, a person is not entitled to a refund or return of any money that was overpaid or erroneously paid by the person, or erroneously collected from the person, as a fee or charge (including any price mentioned in section 20(1)) or tax under this Act, whether the payment or collection was made before, on or after the date of commencement of section 15 of the Public Utilities (Amendment) Act 2023. (2) A person who overpaid or erroneously paid, or who was the subject of an erroneous collection of, any money mentioned in subsection (1) may make a claim to the Board for the refund or return of any money overpaid, erroneously paid or erroneously collected. (3) A refund or return under subsection (2) may be made only if —(a) the person makes the claim within 5 years starting on the date of the overpayment, erroneous payment or erroneous collection; (b) the claim is in the form and manner required by the Board; and (c) the Board is satisfied that there was an overpayment, erroneous payment or erroneous collection.[Act 27 of 2023 wef 01/01/2025]
General exemption
69. The Board may, with the approval of the Minister, either permanently or for any period that it thinks fit, exempt any person or premises or any class of persons or premises from all or any of the provisions of this Act.
Administrative exemption
69A.—(1) The Board may, upon the application of a particular person, exempt the particular person from the operation of any of the provisions of —(a) this Act (including any material incorporated by reference under section 72A); or (b) any standards or codes of practice mentioned in paragraph 11 of the Second Schedule, if the Board is satisfied that all of the following apply: (c) the exemption does not detrimentally affect the quality, pressure or efficient supply of water by the Board; (d) the exemption does not cause or permit waste, undue consumption, misuse, erroneous measurement or contamination of water supplied by the Board; (e) the exemption does not interfere with, interrupt or obstruct the operation of any meter supplied by the Board; (f) the particular person has undertaken safeguards to mitigate risks to the Board’s operations and maintenance of the water installations belonging to or under the management or control of the Board, as the case may be. (2) The Board may grant an exemption under subsection (1) generally or for a period specified in the exemption, and subject to any conditions that the Board thinks necessary. (3) The Board may at any time add any condition to, or modify or remove any condition of, an exemption under subsection (1). (4) An exemption under subsection (1) —(a) must be in writing and given to the particular person concerned; and (b) need not be published in the Gazette. (5) The Board may at any time revoke any exemption under subsection (1). (6) This section does not apply to any matter to which section 20(13), 20A(7), 35(2) or 40(8) relates.[Act 38 of 2024 wef 01/03/2025]
Service of documents
70.—(1) Where a document that is permitted or required by this Act to be served on a person (whether the expression “serve” or “give” or any other expression is used), the document may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served —(a) by giving it to the individual personally; (b) by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; (c) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; (d) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; (e) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or (f) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served —(a) by giving it to any partner, secretary or other similar officer of the partnership; (b) by leaving it at, or by sending it by post to, the partnership’s business address; (c) by sending it by fax to the fax number used at the partnership’s business address; or (d) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —(a) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; (b) by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; (c) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or (d) by sending it by email to the last email address of the body corporate or unincorporated association. (5) In addition, a document permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served —(a) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; or (b) by any other method authorised by any regulations for the service of documents of that kind if the addressee consents in the manner provided in the regulations to service of a document of that kind in that way. (6) Service of a document takes effect —(a) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; (b) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; or (c) if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered). (7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior written consent to service in that way. (8) This section does not apply to documents to be served in proceedings in court. (9) In this section —“business address” means —(a) in the case of an individual, the individual’s usual or last known place of business in Singapore; or (b) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee; “document” includes a notice or an order permitted or required by this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.[Act 27 of 2023 wef 01/01/2024]
Use of electronic service for making applications
70A.—(1) The Board may permit an application to it under Part 3B to be made through the electronic service described in section 42AA of the Building Control Act 1989. (2) Where a person uses the electronic service mentioned in subsection (1) to make an application to the Board, the Board may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application, by sending it to the person’s account with the electronic service. (3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service. (4) This section applies despite anything to the contrary in this Act. (5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.[Act 27 of 2023 wef 01/01/2024]
Evidence
71.—(1) The contents of any document prepared, issued or served under or for the purposes of this Act are, until the contrary is proved, presumed to be correct and the production of any book purporting to contain any apportionment made under this Act is, without any other evidence, to be received as prima facie proof of the making and validity of the apportionment mentioned in the book. (2) All records, registers and other documents kept by the Board or by any authorised officer for the purposes of this Act are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for their custody to be true copies or extracts (as the case may be) and subscribed by that officer with his or her name and his or her official title are admissible in evidence as proof of the contents of the documents or extracts therefrom.
Regulations
72.—(1) The Board may, with the approval of the Minister, make regulations for or in respect of every purpose which is considered by the Board necessary or convenient to be prescribed for carrying out the provisions of this Act. (2) Without limiting subsection (1), the Board may, with the approval of the Minister, make regulations for or in respect of all or any of the following matters:(a) the prescribing of anything that is required or permitted to be prescribed under this Act; (b) the prescribing of purposes for which the supply of water may be used; (c) the prevention and suppression of pollution, contamination, waste, misuse or use of water; (d) the prevention of misuse of, or damage to, apparatus and works belonging to the Board in connection with the collection, production or supply of water; (e) the regulation and use of meters and the prohibition of interference with or damage to the meters or seals affixed on the meters; (f) the prohibition of interference with, or damage to, water appliances supplied by the Board and plates or marks on the appliances; (g) the protection, preservation and conservation of water catchment areas and of any property in those areas; (h) the regulation of the installation of water supplies and alterations thereto and the submission of plans and specifications in respect thereof; (i) the prescribing of materials of which pipes and other apparatus and fittings for use in connection with the supply, conveyance or distribution of water, must be made, and of the size, shape, fitting, arrangement, connection, workmanship, examination, testing, position and method of cleaning them; (ia) the regulation of the supply and use of water fittings and equipment requiring water for their use or operation (called in this paragraph water equipment), including —(i) the registration of suppliers of water fittings and water equipment;[Act 27 of 2023 wef 01/01/2024] (ii) the requirements for water fittings and water equipment, the imposition of water efficiency practices for water fittings and water equipment, and the labelling of water fittings and water equipment; and[Act 27 of 2023 wef 01/01/2024] (iii) the recall of water fittings and water equipment;[Act 27 of 2023 wef 01/01/2024] (j) the prescribing of the types of apparatus or water appliances to be used and the prohibition of the use of certain types thereof; (k) the regulation of the installation of apparatus or water appliances and the maintenance, removal or transfer thereof; (l) the prescribing of the methods of charging consumers for water used in the event of any meter becoming out of order;[Act 27 of 2023 wef 01/01/2024] (la) the prescribing of the matters concerning price that a person supplying extracted water or water derived from extracted water to a customer must inform the customer of, and the manner in which the customer must be informed of such matters;[Act 27 of 2023 wef 01/01/2024] (lb) the duties and obligations of a person mentioned in section 40(2), including the form and manner of the submission to the Board of the projected water balance chart for the new facility;[Act 27 of 2023 wef 01/01/2024] (m) in relation to the regulation of regulated works or WSI design works —(i) the process for an application for a plumber’s licence, the form of a plumber’s licence, and the replacement of a plumber’s licence; (ii) the duties of licensed plumbers in respect of any regulated works; and (iii) the duties of professional engineers in respect of any WSI design works; (n) in relation to the regulation of activities in and around reservoirs and waterways maintained by the Board —(i) the manner in which reservoirs and waterways may be used, and the designating of areas and granting of permits for such uses; (ii) the types of vessels which may be operated in the reservoirs and waterways, the permits required for such operation, the terms and conditions on which, and the circumstances in which, those permits may be granted, held, suspended, cancelled, altered, extended, renewed or replaced, and the fees payable in respect of the permits; (iia) (in consultation with the Maritime and Port Authority of Singapore established by the Maritime and Port Authority of Singapore Act 1996) the requirements relating to the use, stowage, storage, conveyance, loading or unloading of dangerous cargoes on such vessels, including the requirement to obtain the Board’s approval and the fees payable for such approval;[Act 8 of 2026 wef 29/05/2026] (iii) the equipment to be carried on such vessels and the insurance and safety requirements for such vessels; (iv) the qualifications for operators of such vessels; (v) the safety of navigation, the prevention of collisions and the reporting of accidents in reservoirs and waterways; and (vi) the use of any boat transfer facility in or connecting to any reservoir or waterway and the fees payable in respect of the use; (na) the issue of an order by the Board to stop any activity that has caused damage, or is likely to cause damage, to any apparatus, appliance, fittings, pipes and works belonging to the Board used in connection with the collection, production, conveyance or supply of water; (nb) the recovery by the Board (as a debt due to it) of any costs and expenses incurred by the Board to rectify or otherwise mitigate the effects of any failure by a person to carry out any obligation imposed on the person under this Act;[Act 8 of 2026 wef 29/05/2026] (nc) the prescribing of any rate of interest for any provision of this Act by way of a formula or other method, and for this purpose the regulations may incorporate by reference any formula or method of another body or organisation, as may be amended from time to time;[Act 8 of 2026 wef 29/05/2026] (o) the prescribing of fees and charges for the purposes of this Act or any other written law administered by the Board or for the carrying out of any function of the Board.[9/2012; 11/2018; 13/2020] (3) The Board may in making any regulations provide that any person who contravenes the regulations 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 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. (4) All such regulations must be presented to Parliament as soon as possible after publication in the Gazette.
Incorporation by reference
72A.—(1) The regulations made under section 72 may apply, adopt or incorporate by reference —(a) wholly or partially; (b) with or without any addition, omission or substitution; or (c) specifically or by reference, any code of practice, standard, requirement, specification or other document that relates to any subject matter of any regulations made under section 72 (called in this section the material), as in force or published at a particular time or as in force or published from time to time. [11/2018] (2) The material mentioned in subsection (1) may be material issued by the Board, or material issued by any standards setting organisation, or other organisation or person.[11/2018] (3) Any material applied, adopted or incorporated in the regulations by reference under subsection (1) is to be treated for all purposes as forming part of the regulations.[11/2018] (4) Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the organisation or person originating the material is to be treated as being a part of those regulations.[11/2018] (5) Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Board must give notice in the Gazette stating —(a) that the material is incorporated in the regulations, and the date on which the relevant provision in the regulations was made; (b) that the material is available for inspection, free of charge, and the place at which the material may be inspected; (c) that copies of the material can be purchased, and the place where the material can be purchased; and (d) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.[11/2018] (6) In addition, the Board must cause a copy of every material applied, adopted or incorporated in the regulations by reference under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours.[11/2018] (7) To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference under subsection (1) has no legislative effect.[11/2018]
Advisory guidelines
72B.—(1) The Board may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act.[11/2018] (2) The advisory guidelines may —(a) be of general or specific application; or (b) specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons.[11/2018] (3) The Board may amend or revoke the whole or part of any advisory guidelines issued under subsection (1).[11/2018] (4) Advisory guidelines issued or amended under this section do not have any legislative effect.[11/2018]
Transitional provisions
73.—(1) All acts done by the Board before 1 April 2001 continue to remain valid and applicable as though done by the Board under this Act, until such time as invalidated, revoked, cancelled or otherwise determined by the Board. (2) Where anything has been commenced by or on behalf of the Board before 1 April 2001, such thing may be carried on and completed by or under the authority of the Board. (3) Subject to subsection (5), any scheme, contract, document, licence, permission or resolution prepared, made, granted or approved by the Board under the repealed Public Utilities Act (Cap. 261, 1996 Revised Edition) continues, so far as it is not inconsistent with the provisions of this Act, and is deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act. (4) Any subsidiary legislation made under the repealed Public Utilities Act (Cap. 261, 1996 Revised Edition) and in force immediately before 1 April 2001 continues in force, so far as it is not inconsistent with the provisions of this Act, as if made under this Act until it is revoked or repealed by subsidiary legislation made under this Act. (5) Despite the repeal of the Public Utilities Act (Cap. 261, 1996 Revised Edition), as from 1 April 2001 and for such period as the Minister for Trade and Industry may determine —(a) section 2, Parts IV, V, VII, VIII, IX and X of that Act and the subsidiary legislation made under section 130 of that Act for or in relation to the supply or use of electricity and gas continue in force, with the necessary modifications, as if that Act has not been repealed; (b) all licences granted before 1 April 2001 under section 38 and Part VIII of that Act continue to be valid and in force; (c) for the purposes of this subsection, the references to the Minister and the Board in —(i) section 2, Parts IV, V, VII, VIII, IX and X of that Act and the subsidiary legislation made under section 130 of that Act for or in relation to the supply or use of electricity and gas; and (ii) the licences granted before 1 April 2001 under section 38 and Part VIII of that Act, are to be read as references to the Minister for Trade and Industry and the Energy Market Authority of Singapore respectively; and (d) for the purposes of this subsection, the Minister for Trade and Industry may make regulations to provide for any other transitional, incidental and consequential matters arising from the repeal of the Public Utilities Act (Cap. 261, 1996 Revised Edition). (6) Despite the repeal of the Public Utilities Act (Cap. 261, 1996 Revised Edition), as from 1 April 2001, sections 62 to 65 of that Act continue in force and apply to the successor companies mentioned in those sections as if that Act had not been repealed. (7) All acts done by or on behalf of the Director of Sewerage and Drainage before 1 April 2001 under the Sewerage and Drainage Act 1999 in force before that date continue to remain valid and applicable as though done by the Board under that Act, until such time as invalidated, revoked, cancelled or otherwise determined by the Board. (8) Where anything has been commenced by or on behalf of the Director of Sewerage and Drainage before 1 April 2001, such thing may be carried on and completed by or under the authority of the Board. (9) Any notice, order, decision, direction, certificate or approval made or granted by the Director of Sewerage and Drainage before 1 April 2001 under the Sewerage and Drainage Act 1999 in force before that date continues and is deemed to have been made or granted by the Board under that Act, until such time as invalidated, revoked, cancelled or otherwise determined by the Board.
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