Resource Sustainability Act 2019

Sections (82)

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• § 1 — Short title and commencement

  1.—(1) This Act is the Resource Sustainability Act 2019.(2) [Deleted by Act 14 of 2023 wef 12/07/2024] —(1) This Act is the Resource Sustainability Act 2019. (2) [Deleted by Act 14 of 2023 wef 12/07/2024]

• § 10 — Duration, cancellation and revocation of registration

  10.—(1) A registration of a producer of a regulated product under section 9(2) remains valid unless cancelled or revoked under this section.(2) The Agency may cancel a registration under section 9(2) of a producer of a regulated product if —(a) the producer of the regulated product applies to the Ag

• § 11 — Register of registered producers

  11.—(1) The Agency must maintain a register in which is entered such particulars of every registered producer of a regulated product as the Agency determines.(2) Where the registration of a producer of a regulated product has been cancelled or revoked (as the case may be), the Agency may —(a) remove

• § 12 — Certain registered producers must join licensed scheme

  12.—(1) A registered producer of a regulated product must not supply any regulated consumer product in any compliance year if the registered producer —(a) has, on average for each year in the relevant period immediately preceding the compliance year, supplied more than the threshold prescribed for t

• § 13 — Collection and disposal of unwanted regulated non‑consumer products

  13.—(1) Where a person, on or after 1 July 2021, presents a regulated non‑consumer product to the producer of the regulated non‑consumer product (whether or not registered) for the purposes of disposal, or requests that producer to dispose of the regulated non‑consumer product, the producer —(a) mus

• § 14 — Retailers must collect and dispose of unwanted products

  14.—(1) Where a retailer —(a) supplies a regulated consumer product (called in this section the supplied product) to a consumer; and (b) in the course of such supply, delivers, or causes the delivery of, the supplied product to any premises specified by the consumer, the consumer may require the r

• § 15 — Large retailers must offer in-store collection of certain e-waste

  15.—(1) This section applies only in relation to —(a) regulated consumer products that are prescribed as designated regulated consumer products for the purposes of this section; and (b) a retailer who owns or occupies any premises with a floor area of or more than 300 sqm (or such other area prescr

• § 16 — Restriction of public collection of e‑waste

  16.—(1) Except where otherwise authorised by this Act and despite section 31 of the Environmental Public Health Act 1987, a person, other than an individual, must not, whether or not for reward, provide a receptacle in a public place, or a service to the public, for the collection of any regulated p

• § 17 — Proper disposal of regulated products

  17.—(1) Except where section 13, 14 or 15 applies, a person, other than an individual, commits an offence if the person disposes of a regulated product other than by presenting it to, or by depositing it at a place directed or designated by, an approved person.(2) In a prosecution for an offence und

• § 18 — Keeping of records

  18.—(1) A registered producer of any regulated product must keep and maintain complete and accurate records of —(a) the weight and number of all regulated products the producer has supplied in Singapore; and (b) if the registered producer supplies regulated non‑consumer products, the weight and num

• § 19 — Interpretation of this Part

  19.—(1) In this Part, unless the context otherwise requires —“franchise” means a written agreement or arrangement between 2 or more persons by which —(a) a party (called in this definition the franchisor) to the agreement or arrangement authorises or permits another party (called in this definition

• § 2 — Interpretation

  2.—(1) In this Act, unless the context otherwise requires —“Agency” means the National Environment Agency established under the National Environment Agency Act 2002; “authorised officer” means an authorised officer appointed under section 5(2); “consumer”, in relation to any regulated goods or reg

• § 20 — Reporting of specified packaging imported or used

  20.—(1) A producer of any specified packaging who fulfils the prescribed threshold criteria in any year (T) must, in year T + 2, submit to the Agency a report relating to the specified packaging that is imported or used in year T + 1.(2) Where a producer is the franchisor of a franchise —(a) the ann

• § 21 — Submission of 3R plan

  21.—(1) A producer required by section 20 to submit a report under that section must also submit to the Agency a plan to reduce, re‑use or recycle packaging in Singapore (whether or not the packaging is imported or used by the producer).(2) Without affecting section 52, a plan to reduce, re‑use or r

• § 22 — Requirements for reports and plans

  22.—(1) A requirement to submit a report or a plan under this Part to the Agency is a requirement to do so in accordance with any requirements prescribed under section 52 for the report or plan, including its preparation and submission.(2) The Agency may, in respect of any incomplete or inaccurate r

• § 23 — Keeping of records

  23.—(1) A producer of specified packaging who is required under this Part to submit any report or plan to the Agency must keep and maintain complete and accurate records containing such information, and in accordance with such other requirements, as may be prescribed under section 52, relating to —(

• § 23A — Interpretation of this Part

  23A. In this Part, unless the context otherwise requires —“annual turnover”, in relation to a regulated retailer, means the gross revenue received by the regulated retailer in respect of the regulated retailer’s trade or business in Singapore in a year, whether in relation to the supply of goods or

• § 23B — Obligation to apply for registration

  23B.—(1) A regulated retailer (X) who has an annual turnover for any trigger year that exceeds the prescribed annual turnover for the class of regulated retailers to which X belongs must, unless X is already a registered retailer for that class of regulated retailers, apply to the Agency before the

• § 23C — Applications for registration

  23C.—(1) An application for registration under section 23B must —(a) be made before —(i) where the trigger year (T) is 2021 — the prescribed date; and (ii) where year T is 2022 or a subsequent year —30 June of year T + 1; (b) identify the regulated retailer in question; (c) contain any informatio

• § 23D — Entitlement to apply to deregister as registered retailer

  23D.—(1) A registered retailer may apply to the Agency to be deregistered in respect of a class of regulated retailers for which the registered retailer is registered if —(a) the registered retailer ceases to be a regulated retailer of that class; or (b) the annual turnover of the registered retail

• § 23E — Applications for deregistration

  23E.—(1) An application for deregistration under section 23D must —(a) identify the registered retailer in question; (b) contain any information prescribed for assessing applications made under this section, and any other information required by the Agency to assess the particular application; and

• § 23F — Registered retailer must impose and collect charge for disposable carrier bags

  23F.—(1) Subject to subsection (2), a registered retailer must impose and collect a charge of an amount no less than the prescribed amount for each disposable carrier bag that the registered retailer provides to a customer who purchases any goods from the registered retailer.(2) Subsection (1) does

• § 23G — Preventing circumvention of charge

  23G.—(1) A registered retailer must not provide any reimbursement for a charge mentioned in section 23F(1), whether in money or in kind.(2) A registered retailer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to impri

• § 23H — Communication and recording of charge

  23H.—(1) A registered retailer must —(a) inform the registered retailer’s customers of the charge imposed for the provision of each disposable carrier bag, in the manner prescribed; and (b) where a receipt is given to a customer, set out the charge mentioned in paragraph (a) as a separate item in t

• § 23I — Submission of prescribed information

  23I.—(1) A person who is or was a registered retailer must submit to the Agency, in relation to any reportable year, a report containing the following information:(a) the number of disposable carrier bags provided to customers in the reportable year in respect of which the person is required under s

• § 23J — Keeping of records

  23J.—(1) A person required to submit a report under section 23I(1) must keep and maintain complete and accurate records of the following:(a) the total amount of charge collected (including any amount collected in excess of the prescribed amount) by the person under section 23F for the provision of d

• § 23K — Publication of information

  23K.—(1) A person who is or was a registered retailer must —(a) in accordance with this section, publish the information mentioned in sections 23I(1)(a) and 23J(1)(a) and (b) in relation to each reportable year of the person; and (b) cause the information mentioned in paragraph (a) to be audited be

• § 23L — Direction to rectify incomplete or inaccurate information

  23L.—(1) The Agency may, in respect of any incomplete or inaccurate information published by a person under section 23K(1), in writing direct the person to do the following within the time period specified in the direction (or any longer time that the Agency may allow in any particular case):(a) rec

• § 23M — Interpretation of this Part

  23M.—(1) In this Part, unless the context otherwise requires —“beverage container” means a container that is —(a) designed to contain a beverage and to be sealed (when filled with the beverage), before the beverage is sold or delivered for its use or consumption; (b) made of a prescribed material;

• § 23N — Prescribed deposit mark

  23N. The Minister may prescribe any logo, marking or text, or any combination thereof, as a deposit mark for the purpose of being affixed on a beverage container so as to identify the beverage container as one for which a deposit will be refunded upon acceptance of the beverage container at a return

• § 23O — Producers must join licensed scheme

  23O.—(1) A producer of a beverage product must not supply, or offer to supply, in Singapore any beverage product affixed with a deposit mark unless the producer is a member of a licensed scheme for beverage containers.(2) A producer who, without reasonable excuse, contravenes subsection (1) shall be

• § 23P — Beverage containers must display deposit mark and barcode

  23P.—(1) Subject to subsection (2), any person (including a producer of a beverage product) must not, on or after the prescribed date, supply or offer to supply in Singapore any beverage product, unless the beverage container for the beverage product is affixed with —(a) a deposit mark; and (b) a b

• § 23Q — Deposit for beverage product

  23Q.—(1) For the purpose of ensuring or otherwise encouraging the return of beverage containers for recycling, there is to be a deposit in respect of every beverage product affixed with a deposit mark, to be provided for in accordance with this section and section 23R, and which is refundable upon t

• § 23R — Producers must provide deposit to scheme licensee

  23R.—(1) A producer of a beverage product who supplies in Singapore to any person any beverage product affixed with a deposit mark, must provide the amount of the deposit in respect of the beverage product to the scheme licensee of the licensed scheme for beverage containers that the producer is a m

• § 23S — Provision of return points

  23S.—(1) A person prescribed for the purpose of this section must operate a return point in accordance with any requirement prescribed under section 52, unless the person is prohibited from operating a return point under section 23T.(2) A person who contravenes subsection (1) shall be guilty of an o

• § 23T — Prohibition against operating return points

  23T.—(1) The Agency may, by written order, prohibit any person from operating a return point —(a) where the person has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that the person acted fraudulently or d

• § 23U — Refunds of deposits by return point operators

  23U.—(1) Subject to subsection (2), if a person presents an empty beverage container affixed with a deposit mark and barcode required under section 23P at a return point, the return point operator operating the return point must accept the beverage container and refund the deposit for the beverage c

• § 23V — Keeping of records

  23V.—(1) A producer of a beverage product must keep and maintain complete and accurate records of —(a) the name, type, number of units, volume and form of each beverage product supplied by the producer; (b) the materials and weight of the beverage container used for each beverage product supplied b

• § 23W — Producers must submit information to scheme licensee

  23W.—(1) A producer of a beverage product who is required under section 23O to be a member of a licensed scheme for beverage containers must provide the information mentioned in section 23V(1)(a), (b) or (c) to the scheme licensee of the licensed scheme that the producer is a member of, within the t

• § 23X — Unauthorised use of deposit mark

  23X.—(1) Unless authorised in writing by a scheme licensee, a person must not affix a deposit mark on any container that is not a beverage container.(2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not e

• § 24 — Interpretation of this Part

  24.—(1) In this Part, unless the context otherwise requires —“building manager”, in relation to a prescribed building, means —(a) where the prescribed building is occupied by only one person — the owner or occupier of the building; or (b) where the prescribed building is occupied by more than one p

• § 25 — Prescribed buildings

  25.—(1) The Minister may prescribe any building to be a prescribed building for the purposes of this Part.(2) A prescription under subsection (1) may be specific or by way of any class, type or description of buildings.[Act 14 of 2023 wef 08/03/2024] —(1) The Minister may prescribe any building to

• § 26 — Occupiers of prescribed buildings to segregate food waste

  26.—(1) An occupier of a prescribed building, or a part of a prescribed building, must, as from and including the date prescribed for the building, in relation to any food waste generated by the occupier in the prescribed building or within the premises on which the prescribed building is situated —

• § 27 — Approved alternative food waste disposal or treatment arrangements

  27.—(1) Despite section 26(1)(b), the occupier of a prescribed building or any part of a prescribed building may, with the written approval of the Agency —(a) treat the segregated food waste in the prescribed building or within the premises on which the prescribed building is situated; or (b) engag

• § 27A — Provision of segregated waste disposal facilities

  27A.—(1) The building manager of a prescribed building must provide, in the prescribed building or within the premises on which the prescribed building is situated, one or more facilities to enable occupiers of the prescribed building or any part of the prescribed building to segregate and dispose o

• § 27B — Treatment of food waste

  27B.—(1) The building manager of a prescribed building must, in relation to any food waste disposed of at a facility mentioned in section 27A(1) —(a) where the prescribed building is erected pursuant to a relevant written permission — treat the food waste, or cause the food waste to be treated, in t

• § 27C — Reporting of food waste treated

  27C.—(1) A person must submit to the Agency, in relation to each year or part of a year for which the person is or was a building manager of a prescribed building (each such year or part of a year called in this section a reportable period of the building manager), a report containing the following

• § 27D — Requirements for reports

  27D.—(1) A requirement to submit a report under this Part to the Agency or a building manager is a requirement to do so in accordance with any requirements prescribed under section 52 for the report, including its preparation and submission.(2) The Agency may, in respect of any incomplete or inaccur

• § 27E — Keeping of records

  27E.—(1) A person who is required under this Part to submit any report to the Agency or a building manager, must keep and maintain complete and accurate records containing such information and documents, and in accordance with such other requirements, as may be prescribed under section 52, relating

• § 28 — Licence required to operate producer responsibility scheme

  28.—(1) A person must not operate, or advertise or otherwise hold out that the person is operating, a producer responsibility scheme unless the person is authorised to do so by a licence under this Part.(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on

• § 29 — Producer responsibility scheme licence

  29.—(1) An application for a licence to operate a producer responsibility scheme must be made to the Agency in the form and manner the Agency requires.(2) After considering an application for the grant of a licence, the Agency may —(a) grant the licence for such duration as the Agency may specify in

• § 29A — Requirements relating to key appointment holders

  29A.—(1) The Minister may, by regulations made under section 52 —(a) subject to subsection (2), prescribe requirements relating to persons appointed as a licensee’s key appointment holders; and (b) require a licensee to obtain the Agency’s approval for the appointment of a key appointment holder in

• § 3 — Purposes of Act

  3. The purposes of this Act are —(a) to implement a framework where persons who profit from the supply of products bear the cost of collecting and treating these products when they become waste; (b) to encourage producers of packaging to reduce, re‑use or recycle packaging; [Act 14 of 2023 wef 26/0

• § 30 — Licence conditions

  30.—(1) A licence is subject to such conditions as the Agency may specify.(2) The conditions may include the following:(a) requirements relating to the fees payable by members of the producer responsibility scheme; (b) requirements relating to the waste collection operations of the licensee, to ens

• § 31 — Revocation of licence

  31.—(1) The Agency may, at any time, revoke a licence if the licensee —(a) provides or causes to be provided to the Agency any information (including information in connection with the application for a licence) that is false or misleading in any material particular; (b) contravenes any provision o

• § 32 — Financial penalty

  32.—(1) This section applies where a licensee —(a) contravenes a provision of this Part, which contravention is not an offence under this Act; or (b) fails to comply with any condition imposed by the Agency on the licence. (2) On the occurrence of a contravention or failure to comply mentioned in

• § 33 — Recovery of financial penalties

  33.—(1) Any person who fails to pay a financial penalty by the date the person is required to do so under this Act is liable to pay, after that date, interest on the amount unpaid at the same rate as for a judgment debt.(2) Any financial penalty and any interest on the financial penalty payable by a

• § 34 — Keeping of records

  34.—(1) A licensee must keep and maintain complete and accurate records of the following, in accordance with such requirements as may be prescribed under section 52:(a) details of the licensee’s collection activities; (b) the quantity of specified waste the licensee has sent for treatment or recycl

• § 35 — Submission of annual report

  35. A licensee must submit an audited annual report on such matters as may be prescribed relating to the operation of the producer responsibility scheme in respect of which the licensee is licensed.

• § 36 — Disclosure of information

  36.—(1) A licensee or former licensee —(a) must not disclose any information received from the Agency under section 43(4)(c); and (b) must make reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification or disposal, of any information receive

• § 37 — Entering non-residential premises, etc., to monitor compliance

  37. For the purposes of administering or enforcing this Act or determining whether this Act has been complied with, an authorised officer may, upon declaring his or her office and producing to an occupier of any premises (other than any residential premises) such identification card as the Agency ma

• § 38 — Powers of authorised officers in monitoring compliance

  38.—(1) An authorised officer may exercise all or any of the following powers in relation to premises under section 37:(a) search the premises for any thing that may relate to compliance with this Act; (b) examine any activity conducted on the premises that may relate to information provided for th

• § 39 — Authorised officer may require persons to provide information and produce documents

  39.—(1) For the purposes of administering or enforcing this Act or determining whether this Act has been complied with, an authorised officer may (in connection with section 38 or otherwise) —(a) require any person to provide the authorised officer any information within the knowledge of that person

• § 4 — Application of Act to Government

  4.—(1) Except as provided in subsection (2), this Act binds the Government.(2) Nothing in this Act renders the Government liable to prosecution for an offence. (3) To avoid doubt, a person is not immune from prosecution for any offence under this Act by reason only that the person is engaged to pro

• § 40 — Power to demand names and addresses

  40.—(1) An authorised officer may require any person found on the premises under section 37 to —(a) give the person’s name and address and such other proof of identity; and (b) provide such other particulars, as the authorised officer may require for the purposes of this Act. (2) A person commits

• § 41 — Penalty for obstructing authorised officer in his or her duty

  41. A person who at any time hinders or obstructs an authorised officer in the performance or execution of his or her duty or of any thing which the authorised officer is empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction —(a) to a fine not exc

• § 42 — Giving false information

  42.—(1) A person commits an offence if the person makes a statement or gives any information or document required to be made or given under this Act that the person knows or ought reasonably to know to be —(a) false in a material particular; or (b) misleading by reason of the omission of a material

• § 43 — Restriction on disclosure of confidential information

  43.—(1) This section applies if —(a) any information or document is given by a person to the Agency under this Act; and (b) at the time the information or document is given, the person giving it notifies the Agency in writing that it is of a confidential or commercially sensitive nature. (2) The A

• § 44 — Appeal to Minister

  44.—(1) Every appeal to the Minister under this Act must be made in such form and manner as the Minister may require.(2) Despite any appeal made under this Act, the decision appealed against takes effect and must be complied with unless otherwise provided in this Act or ordered by the Minister. (3)

• § 45 — Minister may designate others to hear appeals

  45.—(1) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal under this Act:(a) the Second Minister (if any) for his or her Ministry; (b) a Minister of State (which includes a Senior Minister of State) for his or her Ministry; (c) a Par

• § 46 — Offences by corporations

  46.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent

• § 47 — Offences by unincorporated associations or partnerships

  47.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a) an employee or agent of the unincorporated association or partnership engaged in that con

• § 48 — Service of documents, etc.

  48.—(1) A document that is permitted or required by this Act to be served on a person 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 prepaid

• § 49 — Composition of offences

  49.—(1) An authorised officer may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a) one half of the amount of the maximum fine that is pr

• § 5 — Administration of Act

  5.—(1) The Agency is responsible for the administration and enforcement of this Act, subject to the general or special directions of the Minister.(2) The Agency may appoint, by name or office, any officer or employee of the Agency to be an authorised officer to carry out any function or duty, or exe

• § 50 — Exemption

  50. The Minister may, by order in the Gazette, exempt any person or any class of persons from all or any of the provisions of this Act, subject to the conditions as may be specified in the order.

• § 51 — Amendment of Schedule

  51.—(1) The Minister may, by order in the Gazette, amend the Schedule.(2) The Minister may, in an order under subsection (1), make such provisions of a saving or transitional nature consequent on the enactment of the order as the Minister may consider necessary or expedient. (3) All orders made und

• § 52 — Regulations

  52.—(1) The Minister may make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) Without limiting subsection (1), the Minister may make regulations for or with respect to al

• § 6 — Application to regulated products

  6. This Part applies only to a class or type of electrical or electronic product (including an electrical or electronic product supplied as a component of another product) that is prescribed to be a regulated product.

• § 7 — Interpretation of this Part

  7.—(1) In this Part, unless the context otherwise requires —“e-waste” means any regulated product that is intended for disposal and not for re‑use; “registered” means registered under section 9(2); “regulated consumer product” means any regulated product prescribed as such under section 12(2); “r

• § 8 — Unauthorised supply of regulated products

  8.—(1) A producer of a regulated product must not supply the regulated product or any other regulated product in Singapore if the producer is not registered under section 9(2).(2) A producer of a regulated product who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offen

• § 9 — Registration of producers

  9.—(1) A producer of a regulated product in Singapore may apply to the Agency to be registered under subsection (2).(2) The Agency may register, subject to such conditions as the Agency thinks fit to impose, or refuse to register, any applicant under subsection (1). (3) Any registration under subse