Certain sewers and drains not fixtures and not subject to distress
Open ↗60A.—(1) This section applies to —(a)
any public sewerage system which is situated at premises that are not in the possession of the Government or the Board; and
(b)
any stormwater drainage system or drain that —(i)
is vested in the Government and which is situated in or upon premises not being in the possession of the Government; or
(ii)
is constructed, owned or managed by the Board and which is situated at premises that are not in the possession of the Board.
(2) The public sewerage system, stormwater drainage system or drain —(a)
is deemed not to be a fixture, and does not vest in the owner of the premises; and
(b)
is not to be subject to distress or be liable to be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it is.[Act 38 of 2024 wef 01/03/2025]
Notices, orders and other documents may be given by authorised officer
Open ↗61. All notices, orders, receipts, warrants and other documents of any nature which the Board is empowered to give by this Act may, subject to the direction of the Board, be given by any authorised officer on behalf of the Board.
Service of documents
Open ↗62.—(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
Open ↗62A.—(1) The Board may permit an application to it mentioned in section 33 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]
General penalties
Open ↗63. Unless a penalty has otherwise been expressly provided, any person who —(a)
contravenes any of the provisions of this Act; or
(b)
fails to comply with any condition subject to which any clearance certificate is issued or approval is granted by the Board under section 33,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 3 months or to both, and in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.
Furnishing of deposits
Open ↗64.—(1) Where any clearance certificate is issued or approval is granted by the Board under section 33 for the execution of any works, the Board may require a deposit to be furnished by the person applying for the certificate or approval to secure the execution of the works.
(2) Where any such works are not executed to the satisfaction of the Board, it may utilise the whole or any part of the deposit to make good the defects.
Inaccuracies in document
Open ↗65.—(1) No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act in any way affects the operation of this Act as respects that person or place if that person or place is so designated in the document as to be identifiable.
(2) No proceedings taken under or by virtue of this Act are invalid for want of form.[Act 38 of 2024 wef 01/03/2025]
Evidence of analyst
Open ↗66.—(1) The Board may appoint persons who in its opinion are qualified to be analysts for the purposes of this Act.
(2) Subject to subsection (3), a certificate of an analyst appointed under subsection (1) stating that the analyst has analysed or examined a substance and stating the result of his or her analysis or examination is admissible in evidence in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination.
(3) A certificate of an analyst mentioned in subsection (2) must not be received in evidence pursuant to that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.
(4) Where a certificate of an analyst appointed under subsection (1) is admitted in evidence under subsection (2), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if the analyst had given evidence of the matters stated in the certificate.
(5) For the purposes of this section, a document purporting to be a certificate mentioned in subsection (2) on its production by the prosecution is, unless the contrary is proved, deemed to be such a certificate.
Offence by body corporate
Open ↗67. Where a body corporate is guilty of an offence under this Act, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, any director, manager, secretary or other similar officer of that body corporate, or any person who was purporting to act in any such capacity, he or she as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Liability for offence committed by agent or employee
Open ↗67A. Where an offence under this Act is committed by any person —(a)
acting as an agent or employee of another person; or
(b)
being otherwise subject to the supervision or instruction of another person for the purposes of any employment in the course of which the offence was committed,
that other person shall, without prejudice to the liability of the firstmentioned person, be liable for that offence in the same manner and to the same extent as if that other person had personally committed the offence unless that other person proves to the satisfaction of the court that the offence was committed without that other person’s consent or connivance and that it was not attributable to any neglect on that other person’s part.
[10/2012]
Jurisdiction of court
Open ↗68. A District Court or a Magistrate’s Court has jurisdiction to hear and determine all proceedings under this Act and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full punishment in respect of any offence under this Act.
Saving of prosecutions under other written laws
Open ↗69. Nothing in this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act, except that no person shall be punished twice for the same offence.
Composition of offences
Open ↗70.—(1) The Board may compound any offence under this Act that may be prescribed as an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum of money not exceeding $5,000.
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of that offence except that any compensation, damages, fees, costs or expenses which are provided to be paid under this Act remain payable.
(2A) All sums collected under this section must be paid into the Consolidated Fund.[Act 38 of 2024 wef 01/04/2025]
(3) Nothing in this section prevents the Board from issuing any further notice referred to in section 41 in respect of the same matter to the person who has paid the sum of money.
Protection from liability
Open ↗71.—(1) No liability shall lie against the Government, the Board or any authorised officer by reason of the fact that any works are carried out in accordance with the provisions of this Act or that such works or plans of the works are subject to inspection, approval or certification by the Board or any authorised officer.
(2) Nothing in this Act makes it obligatory for the Board or any authorised officer to inspect any building or works or the site of any proposed works to ascertain whether the provisions of this Act are complied with or whether any plans, certificates, reports, notices or other documents submitted to the Board are accurate.
(3) No matter or thing done by any authorised officer shall, if it is done in good faith for the purpose of carrying out the provisions of this Act, subject him or her personally to any action, liability, claim or demand.
(4) Where the Board or any authorised officer provides any information to any person in respect of any building or works by electronic or other means, neither the Board nor any authorised officer shall be liable for any loss or damage suffered by any person by reason of any error or omission of any nature or in any way caused, including any defect or breakdown in the equipment used for providing the information, if such error or omission is made in good faith and in the ordinary course of duties of the Board or authorised officer.
Exemption
Open ↗73. The Board may, with the approval of the Minister, by notification in the Gazette, exempt, either generally or for such time as it may specify, any person, thing, premises or works or any class of person, thing, premises or works from any provision of this Act.
Administrative exemption
Open ↗73A.—(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 32A); or
(b)
any specifications or codes of practice mentioned in section 32,
if the Board is satisfied that all of the following apply:
(c)
the particular person has undertaken safeguards to mitigate flooding, health and safety risks;
(d)
the exemption does not detrimentally affect the public sewerage system, stormwater drainage system or drain in question, as the case may be;
(e)
the particular person has undertaken safeguards to mitigate risks to the Board’s operations and maintenance of the public sewerage system, stormwater drainage system or drain in question, 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).[Act 38 of 2024 wef 01/03/2025]
Regulations
Open ↗74.—(1) The Board may, with the approval of the Minister, make regulations for or in respect of every purpose which the Board considers necessary or convenient for carrying out the provisions of this Act and, in particular, may —(a)
prescribe the standards and specifications for, and the requirements for the use of, private sewers and sewerage systems (including drain‑lines and their connections to the public sewerage system), the public sewerage system, water reclamation facilities, sanitary appliances, sanitary facilities, stormwater drainage systems and flood protection measures;[Act 38 of 2024 wef 01/03/2025]
(aa)
require owners or occupiers of premises to implement and maintain any flood protection measures at the premises that may be prescribed;[Act 38 of 2024 wef 01/03/2025]
(b)
prescribe matters relating to the requirement for a clearance certificate or the approval of the Board under section 33 in respect of the works mentioned in section 11(1)(a) and (b), including —(i)
the persons who are required to submit applications for the clearance certificate or approval (as the case may be), the qualifications required of those persons and the duties of those persons in submitting the applications;
(ii)
the types of works that require the clearance certificate or approval (as the case may be); and
(iii)
the persons who are required to carry out works that require the clearance certificate or approval (as the case may be) and the duties of those persons in carrying out such works;
(c)
regulate the discharge of trade effluent into sewers;
(ca)
require —(i)
any conveyance transporting used water, sewage, waste matter or effluent to be fitted with any tracking device or locking device approved by the Board; and
(ii)
the information or data collected by the device to be kept, and provided to the Board, for or in such time (including as and when the Board requires) and in such manner as may be prescribed;[Act 38 of 2024 wef 01/03/2025]
(cb)
require —(i)
any mechanical equipment or tool used in the course of any works mentioned in section 14 to be fitted with any tracking device that is approved by the Board; and
(ii)
the information or data collected by the device to be kept, and provided to the Board, for or in such time (including as and when the Board requires) and in such manner as may be prescribed;[Act 38 of 2024 wef 01/03/2025]
(d)
prohibit the discharge of silt or debris into stormwater drainage systems and reservoirs;[Act 38 of 2024 wef 01/03/2025]
(e)
prescribe additional requirements for the protection of the public sewerage system and any proposed public sewerage system that has been or is being constructed;[Act 38 of 2024 wef 01/03/2025]
(ea)
provide for the issue of an order by the Board to stop any works or other activity (including discharging or causing the discharge of any used water, sewage, waste matter or effluent) that has caused damage, or is likely to cause damage, to any or any part of the public sewerage system or a proposed public sewerage system that has been or is being constructed, or which may disrupt any process of treating the used water, sewage, waste matter or effluent or any process of water reclamation;[Act 38 of 2024 wef 01/03/2025]
(f)
prescribe fees and charges for the purposes of this Act, including for —(i)
the disposal (including any treatment necessary or incidental to the disposal) of any used water, sewage, waste matter or effluent discharged from any premises that fails to meet the standards imposed by the Board under or pursuant to this Act on such used water, sewage, waste matter or effluent; and
(ii)
the late payment of prescribed fees and charges;
(g)
prescribe such service relating to sewage provided by the Board for which the Board may charge prices by way of agreement with the person to whom the service is provided in lieu of prescribing such prices; and
(h)
prescribe anything required or permitted to be prescribed under this Act.[10/2012; 11/2018]
(2) The Board may, in making any regulations, provide that any contravention of the regulations shall be an offence —(a)
punishable with a fine not exceeding $15,000 or with imprisonment for a term not exceeding 3 months or with both and, in the case of a continuing offence, with a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction; or
(b)
punishable —(i)
on the first conviction, with a fine not exceeding $15,000 or with imprisonment for a term not exceeding 3 months or with both and, in the case of a continuing offence, with a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction; and
(ii)
on a second or subsequent conviction, with a fine not exceeding $30,000 or with imprisonment for a term not exceeding 3 months or with both and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.[Act 38 of 2024 wef 01/03/2025]
(3) Any regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
