Power to demand names and addresses
Open ↗38.—(1) Any police officer, authorised officer or such other person as may be authorised by the Board for the purposes of this section (called in this section an authorised person) who reasonably believes that any person has committed an offence under this Act may require that person to provide evidence of his or her identity, and the person must then provide any evidence of his or her identity that the police officer, authorised officer or authorised person (as the case may be) may require.[10/2012]
(2) Any police officer, authorised officer or authorised person may require any owner or occupier of any premises to provide the owner’s or occupier’s name and address and any other proof of identity or particulars that the police officer, authorised officer or authorised person may require for the purposes of this Act.[10/2012]
(3) Any person who, upon being required by any police officer, authorised officer or authorised person to give the person’s name and address or provide any particulars under subsection (1) or (2), refuses to do so or wilfully mis‑states the person’s name and address or gives false particulars shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[10/2012]
Powers of Board to examine and secure attendance
Open ↗39.—(1) Any authorised officer may —(a)
examine orally any person who appears to be acquainted with the facts and circumstances of matters under this Act —(i)
whether before or after that person or anyone else is charged with an offence in connection with the matter; and
(ii)
whether or not that person is to be called as a witness in any inquiry, trial, or other proceeding in connection with the matter;
(b)
require any person to provide any information or produce any document or footage recorded by any video surveillance system in the possession of that person in connection with the matter, and may, without payment, inspect, keep, copy or make extracts from the document or footage; and[Act 38 of 2024 wef 01/03/2025]
(c)
require by written order the attendance before the authorised officer of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Act and that person must attend as so required.[10/2012]
(2) Any person examined under this section is bound to state truly what he or she knows of the facts and circumstances concerning matters under this Act, except that he or she need not say anything that might expose him or her to a criminal charge, penalty or forfeiture.[10/2012]
(3) A statement made by any person examined under this section must —(a)
be reduced to writing;
(b)
be read over to the person;
(c)
if the person does not understand English, be interpreted in a language that the person understands; and
(d)
after correction (if necessary) be signed by the person.[10/2012]
(4) If any person fails to attend as required by an order under subsection (1)(c), the Board may report the failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order.
Powers of arrest
Open ↗40.—(1) The Board, an authorised officer or a police officer may arrest any person, whom the Board or officer has reason to believe has committed an offence under this Act, if the name and address of the person are unknown to the Board or officer and —(a)
the person declines to give his or her name and address; or
(b)
there is reason to doubt the accuracy of the name and address, if given.
(2) A person arrested under this section may be detained until his or her name and address are correctly ascertained.
(3) A person so arrested must not be detained longer than is necessary for bringing the person before a court.
Default in compliance with notice
Open ↗41.—(1) Where a person on whom a notice under section 4(6) or (7), 6, 10, 11, 12, 14, 15, 20, 22A, 22B, 23, 24, 25 or 30 is served fails to comply with the notice within the time specified in the notice —(a)
the person shall, unless the person satisfies the court that the person has used all due diligence to comply with the notice, be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000; and
(b)
any authorised officer may enter the premises under section 44 and execute the works specified in the notice.[10/2012]
[Act 38 of 2024 wef 01/03/2025]
(1A) To avoid doubt, an authorised officer may exercise his or her power under subsection (1)(b) whether or not any proceedings have been started, or any conviction has been obtained, pursuant to subsection (1)(a).[Act 27 of 2023 wef 01/01/2024]
(2) Any expenses reasonably incurred by the Board under subsection (1)(b) may be recovered from the person in default and section 48 and, if that person is the owner of the premises, section 50 applies in respect of those expenses.
(3) Nothing in this section is to be construed as prohibiting the Board from carrying out any works specified in any such notice 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.
Appeal against notice
Open ↗42.—(1) Where a person is aggrieved by a notice mentioned in section 26(4)(a), 33(7B) or 41(1) served on the person —(a)
the person may, within 14 days from the date of service of the notice and in the prescribed form and manner, appeal to the Minister; and
(b)
until after the determination or abandonment of the appeal —(i)
no liability to a fine under section 26(5)(b), 33(7D) or 41(1)(a) (as the case may be) shall arise except as provided for in this section; or[Act 38 of 2024 wef 01/03/2025]
(ii)
no proceedings may be taken or work done under the notice.[10/2012]
[Act 38 of 2024 wef 01/03/2025]
(2) Where an appeal is brought under this section, the Minister may dismiss or allow the appeal unconditionally or subject to any conditions that he or she considers fit, and any decision made by the Minister on the appeal is final.
(3) Where an appeal has been brought under this section, and the Minister is of the opinion that —(a)
the non‑execution of the notice will be injurious or dangerous to the public health; and
(b)
the immediate execution of the notice will not cause any injury to the person against whom the notice was made which cannot be compensated by damages,
the Minister may authorise the Board immediately to execute the work.
(4) The Board must, if it carries out the work and the appeal is successful, pay the costs and expenses of the work and any damages sustained by the appellant by reason of the work.
(5) The Board may, if it carries out the work and the appeal is dismissed or abandoned, recover the costs and expenses of the work from the appellant, and section 48 and, if the appellant is the owner of the premises in respect of which the notice was made, section 50 apply to any sum recoverable from the appellant under this section.[Act 38 of 2024 wef 01/03/2025]
Board may act in cases of emergency
Open ↗43.—(1) Where the Board considers it necessary in the case of an emergency, the Board may direct the immediate execution of any work or the doing of any act being any work or act authorised under this Act which is in its opinion necessary for the service and safety of the public.[Act 38 of 2024 wef 01/03/2025]
(2) Despite anything in section 44, where the Board has reason to believe that any public sewerage system or stormwater drainage system, or any part thereof, is damaged or obstructed, the Board may immediately and without notice enter any premises and carry out, or direct the immediate execution of, any work or the doing of any act to repair the public sewerage system or stormwater drainage system, or the part thereof, or remove the obstruction, which is in the opinion of the Board necessary for the service or safety of the public.[Act 38 of 2024 wef 01/03/2025]
Power of entry
Open ↗44.—(1) Any authorised officer may, for the purposes of this Act, enter any premises 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, with such assistants and workmen as are necessary for the purpose of making any survey, inspection or soil investigation and executing any work authorised by this Act.[10/2012]
(2) Unless otherwise provided in this Act, any authorised officer must, before entering any premises under subsection (1), give at least 14 days’ written notice of intention to enter to every owner or occupier of the premises.[12/2015]
(3) A notice mentioned in subsection (2) must —(a)
state the estimated period (if any) during which the Board intends to temporarily occupy or take possession of the premises;
(b)
give a brief description of the works (if any) which are to be carried out in or on the premises;
(c)
describe the area or extent of the land and the subterranean space needed for the carrying out of the works mentioned in paragraph (b); and
(d)
state that the owner or occupier of the premises may serve on the Board a claim of compensation for the items of loss, damage or cost set out in the first column of the Schedule to the extent of the loss, damage or cost suffered or incurred by the owner or occupier of the premises.[12/2015]
(4) Unless the consent of the occupier has been obtained, a person must not enter any dwelling house in actual occupation under this section without giving 6 hours’ previous notice to the occupier.
(5) For the purposes of this section, the Minister may declare that any class of premises is liable to inspection at any time of the day or night, and thereupon any authorised officer may, with such assistants and workmen as are necessary, at any time of the day or night and without notice, enter using such force as may be necessary and search or inspect any premises of the class specified in the declaration.[10/2012]
(6) The Board shall not be liable to pay any person any fee, charge or expense on account of such entry to any premises or of anything done in any part of the premises under this Act.[10/2012]
Power to enter and investigate
Open ↗44A. Despite section 44, if an authorised officer has reasonable grounds to suspect that an offence under this Act has been committed, he or she may, at any time without notice, enter any premises and do all or any of the following for the purpose of investigating the suspected offence under this Act:(a)
search the premises and take possession of anything found on the premises and reasonably believed to be or to contain dangerous or hazardous substances or to be otherwise connected to the commission of the offence;
(b)
require the production of records, certificates, notices, documents and footage recorded by any video surveillance system, relating or reasonably believed to relate to any dealing in or with dangerous or hazardous substances or the discharge of trade effluent containing dangerous or hazardous substances or to the offence, wherever and by whomever kept, and take and retain extracts or copies thereof;[Act 38 of 2024 wef 01/03/2025]
(c)
take and retain samples of any materials (whether solid, liquid, gaseous or vapour) found for the purpose of analysis;
(d)
take any photographs or video recordings that the authorised officer thinks necessary for the purposes of the investigation;[Act 38 of 2024 wef 01/03/2025]
(e)
require any person whom the authorised officer finds in the premises to produce his or her identity card or other identification papers for inspection for the purpose of the investigation.[10/2012]
Power to enter on land adjacent to works
Open ↗45.—(1) Any authorised officer may, with such assistants and workmen as are necessary, enter upon any land, adjoining or being within 100 metres of any works authorised to be executed by this Act —(a)
for the purpose of depositing upon that land any soil, gravel, sand, lime, brick, stone or other materials; or
(b)
for any other purposes connected with the formation of those works,
without making any previous payment, tender or deposit and doing as little damage as may be in the exercise of the powers under this subsection.
(2) However, an authorised officer must not enter any land for the purposes specified in subsection (1) unless the Board has given at least 7 days’ written notice of intention to enter to every owner and occupier of the land.[12/2015]
(3) A notice mentioned in subsection (2) must —(a)
state the estimated period (if any) during which the Board intends to temporarily occupy or take possession of the land;
(b)
give a brief description of the works (if any) which are to be carried out in or on the land;
(c)
describe the area or extent of the land and the subterranean space needed for the carrying out of the works mentioned in paragraph (b); and
(d)
state that the owner or occupier of the land may serve on the Board a claim of compensation for the items of loss, damage or cost set out in the first column of the Schedule to the extent of the loss, damage or cost suffered or incurred by the owner or occupier of the land.[12/2015]
Penalty for obstructing Board in its duty
Open ↗46. Any person who —(a)
hinders or obstructs the Board, any authorised officer or other person authorised by the Board in the performance or execution of its or his or her duty or of anything which it or he or she is empowered or required to do under this Act; or
(b)
interferes with any work authorised to be done under this Act,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.
[10/2012]
Making of false statements, etc.
Open ↗46A.—(1) Any person who, when giving any information to the Board or making any application under or for the purposes of any provision of this Act, makes any statement which the person knows to be false in a material particular, or who recklessly makes any statement which is false in a material particular, shall be guilty of an offence.[10/2012]
(2) Any person who —(a)
wilfully or fraudulently procures or attempts to procure for the person or for any other person any licence or approval under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration either verbally or in writing; or
(b)
knowingly aids or assists anything under paragraph (a),
shall be guilty of an offence.
[10/2012]
Appeal to Minister against notices, orders, directions, etc.
Open ↗47.—(1) Any person who is aggrieved by any notice, order, direction, authorisation or declaration by the Board under this Act or, unless otherwise expressly provided, any regulations made under this Act may appeal in writing to the Minister within 14 days from the date of service of the notice, order, direction or authorisation or within 28 days from the date of service of the declaration.
(2) Upon any appeal under subsection (1), the execution of the notice or the doing of the thing required to be done must be stayed.
(3) The Minister may confirm, vary or rescind the notice, order, direction, authorisation or declaration or direct that the thing must be proceeded with, varied or abandoned (as the case may be), or make any order which the Board is competent to make under this Act and the decision of the Minister is final.
(4) This section does not apply to —(a)
a notice or declaration under section 9, 22 or 52(1)(b);[Act 38 of 2024 wef 01/03/2025]
(b)
an authorisation under section 27;
(c)
an order under section 17 or 39(1)(c); or[Act 38 of 2024 wef 01/03/2025]
(d)
a notice under section 4, 6, 10, 11, 12, 14, 15, 20, 21, 23, 24, 25, 26, 30, 33(7B), 44, 45 or 50(3).[10/2012; 12/2015]
[Act 38 of 2024 wef 01/03/2025]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
