Board may construct stormwater drainage systems
Open ↗21.—(1) The Board may —(a)
cause to be made, constructed and maintained any stormwater drainage system or drain; and
(b)
enlarge and alter or otherwise improve any stormwater drainage system or drain.[Act 38 of 2024 wef 01/03/2025]
(2) For the purposes of subsection (1), the Board may —(a)
carry the drainage system across, through, along or under any premises or any cellar, basement or vault of any building; and
(b)
carry out any works requisite for, or incidental to, the purposes of subsection (1).[Act 38 of 2024 wef 01/03/2025]
(3) Unless section 43(2) applies, an authorised officer may enter any premises to execute any work necessary for the purposes of subsection (1) only after giving notice in accordance with section 44.[12/2015]
[Act 38 of 2024 wef 01/03/2025]
(4) In carrying out any works under this section, the Board must cause as little damage as possible, and must make reasonable compensation for any damage done to any affected premises or building.[10/2012]
Board may take over control, etc., of stormwater drainage systems and drains
Open ↗21A.—(1) The Board may take over the control, supervision, maintenance and repair of any stormwater drainage system or drain not already under its control or supervision or maintained by it, to such extent as the Board thinks fit and may charge fees therefor.
(2) The Board may, at any time, vary or rescind any decision to control, supervise, maintain and repair a stormwater drainage system or drain.
(3) Fees charged by the Board for the control, supervision, maintenance and repair of a stormwater drainage system or drain under subsection (1) are payable by any user thereof.[Act 38 of 2024 wef 01/03/2025]
Vesting of private drains in Government
Open ↗22.—(1) The Board may at any time declare that any private drain vests, as from the date specified in the declaration, in the Government.
(2) Before the Board makes a declaration under subsection (1), it must give notice of its intention to do so to the owner of the drain in question.
(3) Any owner who is aggrieved by a notice issued by the Board under subsection (2) may appeal to the Minister within 28 days from the date of service of the notice.
(4) Upon the hearing of an appeal under this section, the Minister may allow the appeal and the Board must not take any further action on the matter.
(5) Where no appeal has been filed within the time specified in subsection (3), or an appeal has been dismissed by the Minister, the Board may proceed to make the declaration.
(6) Where a declaration has been made in respect of a private drain under this section, the Board —(a)
must maintain the drain and, if it sees fit, enlarge, alter or otherwise improve the drain; and
(b)
may discontinue, close up or destroy the drain as it thinks necessary as if it were a drain constructed by the Board.
(7) If by reason of the alteration, discontinuation, closing up or destruction of any drain vested in the Government under this section, any person is deprived of the lawful use of the drain, the Board must with due diligence provide some other drain as effectual as the one the person so deprived of.
(8) The declaration under subsection (1) must be registered against those lands under the provisions of the Land Titles Act 1993 in respect of registered land and under the provisions of the Registration of Deeds Act 1988 in respect of other land.
Drains, etc., to be kept in proper order at cost of owners
Open ↗22A.—(1) Every stormwater drainage system or drain at any premises (but not any such system or drain under the control or supervision of the Board or maintained by the Board) must be altered, repaired and kept in proper order at the cost and expense of the owner of the premises.
(2) Without affecting subsection (1), where the stormwater drainage system or drain under that subsection or any part thereof —(a)
is connected to any other premises; and
(b)
serves the drainage needs of the other premises,
then the owner of the other premises must also at that owner’s own cost and expense alter, repair and keep in proper order the system or drain or part thereof (as the case may be) at the premises under subsection (1).
(3) The Board may, by written notice, require any of the owners mentioned in subsections (1) and (2) to do one or both of the following at the owner’s own cost and expense:(a)
to have the stormwater drainage system or drain or part thereof inspected and tested in such manner and at such intervals as the Board may require, to ensure that the system or drain or part thereof is kept in proper order;
(b)
to alter, repair or put in proper order the stormwater drainage system or drain or part thereof in such manner as the Board may require.
(4) Where the Board is satisfied that it is immediately necessary to alter, repair or put in proper order any or any part of a stormwater drainage system or drain under subsection (1) or (2), any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out any alterations, repairs, works, acts or things that are necessary for any of those purposes.
(5) The Board may, as it thinks just —(a)
recover the costs and expenses reasonably and necessarily incurred in carrying out the works under subsection (4) from any owner of the premises mentioned in subsections (1) and (2); or
(b)
apportion such costs and expenses among all or any of the owners of the premises mentioned in subsections (1) and (2) and recover the sums apportioned from those owners.
(6) Any person who contravenes subsection (1) or (2) shall be guilty of an offence.
(7) Nothing in this section prevents any owner of the premises mentioned in subsection (1) and any owner of any other premises in subsection (2) from agreeing on an apportionment between them of any costs of altering, repairing or keeping in proper order the stormwater drainage system or drain or part thereof mentioned in subsection (2); but the Board is not, for the purposes of subsection (5)(b), bound by any such agreement.[Act 38 of 2024 wef 01/03/2025]
Flood protection measures to be kept in proper order at cost of owners
Open ↗22B.—(1) The owner of any premises must alter, repair and keep in proper order every flood protection measure at the premises.
(2) The Board may, by written notice, require the owner mentioned in subsection (1) to do one or both of the following at the owner’s own cost and expense:(a)
to have the flood protection measure inspected and tested in such manner and at such intervals as the Board may require, to ensure that the flood protection measure is kept in proper order;
(b)
to alter, repair or put in proper order the flood protection measure in such manner as the Board may require.
(3) Where the Board is satisfied that it is immediately necessary to alter, repair or put in proper order any flood protection measure, any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out any alterations, repairs, works, acts or things that are necessary for any of those purposes.
(4) Any expenses reasonably and necessarily incurred in carrying out the works referred to in subsection (3) may be recovered from the owner mentioned in subsection (1).
(5) Any person who contravenes subsection (1) shall be guilty of an offence.[Act 38 of 2024 wef 01/03/2025]
Stormwater drainage system not to be constructed or altered without Board’s certificate or approval
Open ↗23.—(1) A person must not construct, alter, discontinue or close up any stormwater drainage system or drain without obtaining in respect of those works, a clearance certificate or the approval of the Board under section 33.
(2) Where any stormwater drainage system or drain has been constructed, altered, discontinued or closed up in contravention of subsection (1) or any condition of a clearance certificate or approval granted pursuant to subsection (1), the Board may do one or both of the following:(a)
serve on any person specified in subsection (3) a notice requiring the person to demolish or make good the stormwater drainage system or drain to its original condition within the time specified in the notice;
(b)
revoke the clearance certificate or approval given, or suspend the clearance certificate or approval for such period as the Board considers reasonable.[Act 38 of 2024 wef 01/03/2025]
(3) The notice mentioned in subsection (2)(a) may be served on all or any of the following persons:(a)
any person who does or causes or permits to be done any of the acts mentioned in subsection (1);
(b)
the owner or occupier of the premises at which the stormwater drainage system or drain mentioned in subsection (2) are situated;[Act 38 of 2024 wef 01/03/2025]
(ba)
the owner or occupier of any other premises to which the stormwater drainage system or drain mentioned in subsection (2) or any part thereof are connected and which serve the drainage needs of the other premises;[Act 38 of 2024 wef 01/03/2025]
(c)
any person having power to construct, alter or demolish the stormwater drainage system or drain mentioned in subsection (2).[Act 38 of 2024 wef 01/03/2025]
(4) Any person who —(a)
contravenes subsection (1); or
(b)
carries out any works after the clearance certificate or approval relating to those works has been revoked or during the period that the clearance certificate or approval is suspended under subsection (2)(b),
shall be guilty of an offence and shall be liable —
(c)
on the first conviction to a fine not exceeding $50,000; and
(d)
on a second or subsequent conviction to a fine not exceeding $100,000.[Act 38 of 2024 wef 01/03/2025]
(5) Where the Board is satisfied that it is immediately necessary to demolish or make good the stormwater drainage system or drain to its original condition, any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out any alterations, repairs, works, acts or things that are necessary for that purpose.[Act 38 of 2024 wef 01/03/2025]
(6) The Board may, as it thinks just —(a)
recover the costs and expenses reasonably and necessarily incurred in carrying out the works under subsection (5) from any of the persons mentioned in subsection (3); or
(b)
apportion such costs and expenses among all or any of the persons mentioned in subsection (3) and recover the sums apportioned from those persons.[Act 38 of 2024 wef 01/03/2025]
Drains, drainage reserves and reservoirs not to be interfered with
Open ↗24.—(1) A person must not —(a)
erect or place any fence, partition, structure or object in, above or across, or enclosing, the whole or any part of, any drain or reservoir;[Act 38 of 2024 wef 01/03/2025]
(b)
cause any obstruction to the flow of any stormwater drainage system; or
(c)
erect, construct or lay within any drainage reserve any fence, retaining wall, foundation, manhole, pipe, cable, mains or any obstruction or structure (whether temporary or permanent),[Act 38 of 2024 wef 01/03/2025]
without obtaining in respect of those works a clearance certificate or the approval of the Board under section 33.
(1A) A person must not, except with the prior approval of the Board —(a)
deposit or leave any soil, building material or components, construction or renovation debris or other like matter within any drain or drainage reserve;[Act 38 of 2024 wef 01/03/2025]
(b)
park or leave any vehicle on any drainage reserve; [Act 38 of 2024 wef 01/03/2025]
(c)
clear, dig up or cultivate, or interfere with any substance on, in or forming part of, any drain or drainage reserve; or[Act 38 of 2024 wef 01/03/2025]
(d)
cause or allow any activity mentioned in paragraph (a), (b) or (c) to be carried out.
(2) Where any fence, partition, structure or object is erected or placed, or any obstruction is caused, in contravention of subsection (1) or an act is carried out in contravention of subsection (1A), the Board may by notice, direct the person to whom the notice is given, to do all or any of the following and within the time as are specified in the notice:(a)
to demolish or remove any fence, partition, structure or object erected or placed —(i)
in, above or across, or enclosing, the whole or any part of, the drain or reservoir; or[Act 38 of 2024 wef 01/03/2025]
(ii)
within the drainage reserve;
(b)
to move or remove from the drain, drainage reserve or reservoir, any object or obstruction, including vehicles, soil, building material or components, construction or renovation debris or other like matter;[Act 38 of 2024 wef 01/03/2025]
(c)
to do, or to refrain from doing, any work that is specified in the notice in order —(i)
to rectify any damage to the drain, drainage reserve or reservoir as a result of; or[Act 38 of 2024 wef 01/03/2025]
(ii)
to restore the drain, drainage reserve or reservoir to its state before,[Act 38 of 2024 wef 01/03/2025]
any unlawful activity mentioned in subsection (1) or (1A) done by the person, or caused or permitted by the person.
[Act 42 of 2022 wef 01/11/2024]
(2A) Without affecting subsection (2), if any condition of a clearance certificate or approval granted pursuant to subsection (1) or (1A) is contravened, the Board may revoke the clearance certificate or approval given, or suspend the clearance certificate or approval for such period as the Board considers reasonable.[Act 38 of 2024 wef 01/03/2025]
(3) The notice mentioned in subsection (2) may be served on all or any of the following persons:(a)
any person who does or causes or permits to be done any of the acts mentioned in subsection (1) or (1A)(a), (b) or (c);[Act 42 of 2022 wef 01/11/2024]
(b)
the owner or occupier of the premises where the fence, partition, structure, object or obstruction mentioned in subsection (2) are located;[Act 42 of 2022 wef 01/11/2024]
(c)
any other person having power to remove the fence, partition, structure, object or obstruction mentioned in subsection (2).[Act 42 of 2022 wef 01/11/2024]
(4) Any person who —(a)
contravenes subsection (1) or (1A); or
(b)
carries out any works after the clearance certificate or approval relating to those works has been revoked or during the period that the clearance certificate or approval is suspended under subsection (2A),
shall be guilty of an offence and shall be liable —
(c)
on the first conviction to a fine not exceeding $50,000; and
(d)
on a second or subsequent conviction to a fine not exceeding $100,000.[Act 38 of 2024 wef 01/03/2025]
(5) Where the person on whom a notice mentioned in subsection (2) is served fails to comply with the notice, an authorised officer may, at all reasonable hours in the day or night, or at any other time that may be agreed with an owner or occupier of the premises to which the notice relates, enter the premises and take such measures and execute such work as may be necessary to secure compliance with the notice, including —(a)
by cutting or breaking open any lock, seal, fastener or other device on or connected to the fence, partition, structure, object, vehicle, material, article or thing concerned using reasonable force;
(b)
by towing away the object, vehicle, material, article or thing concerned; or
(c)
by removing or demolishing any fence, partition, structure or object concerned and removing any resulting debris.[Act 42 of 2022 wef 01/11/2024]
(6) Any expenses reasonably incurred by the Board under subsection (5) may be recovered from the person who failed to comply with the notice served on the person under subsection (2), and section 48 applies in respect of those expenses.[Act 42 of 2022 wef 01/11/2024]
(6A) Where the Board is satisfied that it is immediately necessary to remove the structure, object or obstruction and make good the drain, drainage reserve or reservoir to its original condition, any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out any alterations, repairs, works, acts or things that are necessary for that purpose.[Act 38 of 2024 wef 01/03/2025]
(6B) The Board may, as it thinks just —(a)
recover the costs and expenses reasonably and necessarily incurred in carrying out the works under subsection (6A) from any of the persons mentioned in subsection (3); or
(b)
apportion such costs and expenses among all or any of the persons mentioned in subsection (3) and recover the sums apportioned from those persons.[Act 38 of 2024 wef 01/03/2025]
(7) Unless subsection (8) applies, any fence, partition, structure, object, vehicle, material, article, thing or resulting debris removed under subsection (5) or (6A) —(a)
must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the fence, partition, structure, object, vehicle, material, article, thing or debris is to be produced in any criminal trial in connection with an offence under this Act;
(b)
is deemed to be forfeited to the Board where any owner of the fence, partition, structure, object, vehicle, material, article, thing or debris consents to its disposal; or
(c)
in any other case, must be —(i)
returned to the owner; or
(ii)
reported to a Magistrate’s Court, in which event sections 370, 371 and 372 of the Criminal Procedure Code 2010 then apply with the necessary modifications.[Act 42 of 2022 wef 01/11/2024]
[Act 38 of 2024 wef 01/03/2025]
(8) Where it appears to the Board that any fence, partition, structure, object, vehicle, material, article, thing or resulting debris removed by an authorised officer under subsection (5) or (6A) —(a)
is perishable;
(b)
may rapidly depreciate in value; or
(c)
is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Board to retain custody of the fence, partition, structure, object, vehicle, material, article, thing or debris,
the Board may cause the fence, partition, structure, object, vehicle, material, article, thing or debris (called in this section the removed material) —
(d)
to be sold (by public auction or otherwise) at once and the proceeds of sale to be paid into the funds of the Board; or
(e)
to be destroyed or otherwise disposed of at such time and in such manner as the Board thinks fit.[Act 42 of 2022 wef 01/11/2024]
[Act 38 of 2024 wef 01/03/2025]
(9) If a person who appears, to the satisfaction of the Board, to be the owner of any removed material and not to be a person in default with complying with the relevant notice in subsection (2), claims —(a)
after that removed material has been sold, destroyed or disposed of under subsection (8); but
(b)
before the end of one year starting the date the removed material was removed under subsection (5) or (6A),
the Board may compensate, out of the funds of the Board, the person for the loss of the removed material, less reasonable costs and expenses incurred by the Board in storing and selling, destroying or disposing of the removed material.
[Act 42 of 2022 wef 01/11/2024]
[Act 38 of 2024 wef 01/03/2025]
(10) Subject to any order to the contrary by the Magistrate’s Court under the Criminal Procedure Code 2010, any removed material deemed forfeited under this section may be disposed of by the Board in any manner that the Board thinks fit.[Act 42 of 2022 wef 01/11/2024]
(11) To avoid doubt —(a)
this section does not prohibit the Board from carrying out any works specified in any notice under subsection (2) at the request of a person who has been served with the notice upon an undertaking by that person to pay the costs and expenses in executing the works; and
(b)
any measures taken or work executed under subsection (5) or (6A) by an authorised officer does not affect any proceedings that may be taken against a person for an offence under subsection (4).[Act 42 of 2022 wef 01/11/2024]
[Act 38 of 2024 wef 01/03/2025]
Trees and plants encroaching into drainage reserve
Open ↗24A.—(1) Where the Board is satisfied that any tree or plant (whether or not dead or dying) on any premises adjoining a drainage reserve or any part of a drainage reserve is likely, by falling or otherwise —(a)
to cause any obstruction to the flow of any storm water drainage system or the maintenance of any drain in the drainage reserve; or
(b)
to hinder the efficient operation of any storm water drainage system or drain in the drainage reserve,
the Board may serve a notice requiring the occupier of the premises to take any measures (including cutting the tree or plant or any part of it) that the Board thinks fit within the time specified in the notice.
(2) Any person on whom a notice mentioned in subsection (1) is served who, without reasonable excuse, fails to comply with the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(3) Where the person on whom the notice mentioned in subsection (1) is served fails to comply with the notice, an authorised officer may, at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises to which the notice relates, enter the premises and take such measures and execute such work as may be necessary to secure compliance with the notice.
(4) Any expenses reasonably incurred by the Board under subsection (3) may be recovered from the person who failed to comply with the notice served on the person under subsection (1), and section 48 and, if that person is the owner of the premises, section 50 apply in respect of those expenses.
(5) To avoid doubt —(a)
this section does not prohibit the Board from carrying out any works specified in any notice under subsection (1) at the request of a person who has been served with the notice upon an undertaking by that person to pay the costs and expenses in executing the works; and
(b)
any measures taken or work executed under subsection (3) by an authorised officer does not affect any proceedings that may be taken against a person for an offence under subsection (2).[Act 42 of 2022 wef 01/11/2024]
Premises without proper drainage
Open ↗25. If it appears to the Board that any premises are without proper drainage, it may by written notice require the owner or occupier of the premises to remedy the defect within the time specified in the notice.
Works affecting stormwater drainage system, etc.
Open ↗26.—(1) A person must not carry out or cause to be carried out —(a)
any works which affect or are likely to affect any stormwater drainage system, drain, drainage reserve or reservoir, directly or indirectly; or[Act 38 of 2024 wef 01/03/2025]
(b)
any works that could lead to the discharge of silt directly or indirectly into any stormwater drainage system, drain, drainage reserve or reservoir,[Act 38 of 2024 wef 01/03/2025]
without obtaining, in respect of those works, a clearance certificate or the approval of the Board under section 33.
[10/2012]
[Act 38 of 2024 wef 01/03/2025]
(1A) A person must not carry out or cause to be carried out —(a)
any activity (not being works) which affects or is likely to affect any stormwater drainage system, drain or drainage reserve, directly or indirectly; or
(b)
any activity (not being works) that could lead to the discharge of silt directly or indirectly into any stormwater drainage system, drain, drainage reserve or reservoir.[Act 38 of 2024 wef 01/03/2025]
(2) Every person given a clearance certificate or approval by the Board to carry out any works under subsection (1) must —(a)
notify the Board in writing before the commencement of the works;
(b)
provide adequate silt control measures in accordance with any standards or guidelines issued by the Board before the commencement and for the duration of the works; and
(c)
comply with the conditions of the clearance certificate or approval, if any.[10/2012]
(3) The Board may prescribe standards and limits in respect of any discharge of silt into any stormwater drainage system, drain, drainage reserve or reservoir.[10/2012]
[Act 38 of 2024 wef 01/03/2025]
(4) Where any works are or have been carried out in contravention of subsection (1) or (2), or as a result of which silt is discharged which exceeds the standards or limits prescribed under subsection (3), the Board may do all or any of the following:(a)
by written notice require the person who carried out or caused to be carried out the works, or the owner or occupier of any premises in respect of which the works were carried out, to do one or more of the following:(i)
to immediately cease the carrying out of those works, either indefinitely or for such period as the Board may specify;
(ii)
to carry out any works that the Board may think necessary to restore the stormwater drainage system, drain, drainage reserve or reservoir to its original condition or to protect the stormwater drainage system, drain, drainage reserve or reservoir, within the time specified in the notice;[Act 38 of 2024 wef 01/03/2025]
(iii)
to take any measures that the Board may think necessary to comply with subsection (2)(b) or (c) or adhere to the standards or limits prescribed under subsection (3);
(b)
revoke the clearance certificate or approval given, or suspend the clearance certificate or approval for such period as the Board considers reasonable.[10/2012]
(4A) Where any activity is or has been carried out in contravention of subsection (1A), or as a result of which silt is discharged which exceeds the standards or limits prescribed under subsection (3), the Board may by written notice require the person who carried out or caused to be carried out the activity, or the owner or occupier of any premises where the activity was carried out, to do one or more of the following:(a)
to immediately cease the carrying out of the activity, either indefinitely or for such period as the Board may specify;
(b)
to carry out any works that the Board thinks necessary to restore the stormwater drainage system, drain, drainage reserve or reservoir to its original condition or to protect the stormwater drainage system, drain, drainage reserve or reservoir, within the time specified in the notice;
(c)
to take any measures that the Board thinks necessary to adhere to the standards or limits prescribed under subsection (3).[Act 38 of 2024 wef 01/03/2025]
(5) Any person who —(a)
contravenes subsection (1), (1A) or (2);
(b)
without reasonable excuse, fails to comply with a notice of the Board under subsection (4)(a) or (4A); or
(c)
carries out any works after the clearance certificate or approval relating to those works has been revoked or during the period that the clearance certificate or approval is suspended under subsection (4)(b),
shall be guilty of an offence and shall be liable —
(d)
on the first conviction to a fine not exceeding $50,000; and
(e)
on a second or subsequent conviction to a fine not exceeding $100,000.[Act 38 of 2024 wef 01/03/2025]
(6) Where the person on whom the notice is served under subsection (4)(a) or (4A) fails to comply with the notice, an authorised officer may, at all reasonable hours in the day or night, or at such other time as may be agreed with the owner or occupier of the premises to which the notice relates, enter the premises and take such measures and execute such work as may be necessary to secure compliance with the notice but without affecting any proceedings that may be taken against that person under subsection (5).[10/2012]
[Act 38 of 2024 wef 01/03/2025]
(7) Any expenses reasonably incurred by the Board under subsection (6) may be recovered from the person who failed to comply with the notice served on the person under subsection (4)(a) or (4A), and section 48 and, if that person is the owner of the premises, section 50 applies in respect of those expenses.[10/2012]
[Act 38 of 2024 wef 01/03/2025]
(7A) Where the Board is satisfied that it is immediately necessary to take any measure or carry out any works —(a)
to stop the works or activity carried out in contravention of subsection (1), (1A) or (2);
(b)
to restore the stormwater drainage system, drain, drainage reserve or reservoir to its original condition or to protect the stormwater drainage system, drain, drainage reserve or reservoir; or
(c)
without affecting paragraph (a) or (b), to prevent any silt resulting from any works or activity mentioned in subsection (1) or (1A) from discharging directly or indirectly into any stormwater drainage system, drain, drainage reserve or reservoir,
any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out the measures or works.
[Act 38 of 2024 wef 01/03/2025]
(7B) The Board may, as it thinks just —(a)
recover the costs and expenses reasonably and necessarily incurred in carrying out the measures or works under subsection (7A) from any of the persons mentioned in subsection (4)(a) or (4A), as the case may be; or
(b)
apportion such costs and expenses among all or any of the persons mentioned in subsection (4)(a) or (4A) (as the case may be) and recover the sums apportioned from those persons.[Act 38 of 2024 wef 01/03/2025]
(8) Nothing in this section is to be construed as prohibiting the Board from carrying out any works specified in any notice under subsection (4)(a) or (4A) at the request of a person who has been served with the notice upon an undertaking by that person to pay the costs and expenses in executing the works.[10/2012]
[Act 38 of 2024 wef 01/03/2025]
Construction and maintenance of private drains
Open ↗27.—(1) The Board may authorise any person to construct any drain through, across or under any private property or to alter, repair or otherwise deal with the drain as the Board thinks fit.
(2) Any authorisation given under subsection (1) may be subject to any conditions that the Board thinks fit.
(3) Before authorising any person to construct any drain under subsection (1), the Board must serve a notice on the owner and occupier of the premises —(a)
describing the nature of the works to be carried out; and
(b)
stating that if no objection is received within 28 days from the date of service of the notice, the works will commence on the date specified in the notice.
(4) A person served with a notice under subsection (3) must submit any objections to the Board within the prescribed time and the Board may allow or disallow the objections or allow the objections in part.
Areas not provided with effectual drainage
Open ↗28.—(1) If it appears to the Board that any area is not provided with effectual drainage, the Board may cause to be executed any drainage works that it considers necessary to provide for the desired drainage of the area.
(2) The Board may, as it thinks just, apportion the costs and expenses of such drainage works among the owners of the premises in such area and recover the sums apportioned from the owners.
Vesting of drainage reserves in Government
Open ↗29.—(1) The Board may by an instrument in the form approved by the Registrar of Titles or the Registrar of Deeds (as the case may be) declare that a drainage reserve that is not within State land and described in the instrument vests in the Government.[Act 42 of 2022 wef 01/11/2024]
(2) Any plan prepared by the Board for the purposes of subsection (1) must comply with the requirements of the Land Titles Act 1993 in respect of registered land and of the Registration of Deeds Act 1988 in respect of other land and must show on the plan the drainage reserve which will vest in the Government.
(3) Any declaration made by the Board under subsection (1) must be published in the Gazette.
(4) Where any drainage reserve that is to be vested in the Government under this section consists of premises included in separate lots already set aside as part of the drainage reserve, the declaration must be registered against those lots under the provisions of the Land Titles Act 1993 in respect of registered land and under the provisions of the Registration of Deeds Act 1988 in respect of other land.
(5) Where any drainage reserve that is to be vested in the Government under this section consists of premises included in an existing lot or lots, those premises forming the drainage reserve must be excised from the existing lot or lots and the declaration must be registered in respect of the excised portions under the provisions of the Land Titles Act 1993 in respect of registered land and under the provisions of the Registration of Deeds Act 1988 in respect of other land.
(6) Upon the registration of the declaration made under subsection (1), the premises forming the drainage reserve vest in the Government free from all encumbrances.
(7) Where the premises are held under a statutory land grant, such vesting under this section is not to be deemed to create a subdivision within the meaning of the State Lands Act 1920.
(8) No compensation is payable for any premises that are vested in the Government under this section.
(9) When any drainage reserve is vested in the Government under this section, the Board may take possession of the drainage reserve and proceed to demolish and remove any building or portion of any building forming part of the drainage reserve.
Damage caused to stormwater drainage system, etc.
Open ↗30.—(1) A person must not cause any damage to any stormwater drainage system or drain.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable —(a)
on the first conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 months or to both; and
(b)
on a second or subsequent conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 months or to both.
(3) Where a person has caused any damage to any stormwater drainage system or drain in contravention of subsection (1), the Board may, by written notice, require the person to carry out any works to restore the stormwater drainage system or drain to its original condition within the time specified in the notice.
(4) Where the Board is satisfied that it is immediately necessary to restore the stormwater drainage system or drain to its original condition, any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out any alterations, repairs, works, acts or things that are necessary for that purpose.
(5) Any expenses reasonably and necessarily incurred in carrying out the works under subsection (4) may be recovered from the person who contravened subsection (1).[Act 38 of 2024 wef 01/03/2025]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
