§ 42 — Amendment of Sewerage and Drainage Act 1999

42. The Sewerage and Drainage Act 1999 is amended —(a)

by deleting the definition of “drainage reserve” in section 2 and substituting the following definition:“ “drainage reserve” means —(a)

any land set aside for drainage works pursuant to development proposals approved by a competent authority;

(b)

any land vested in the Government under section 29; or

(c)

any State land that is reserved for the purposes of the Board (permanently or temporarily) in connection with drainage works or a storm water drainage system;”;

(b)

by deleting paragraph (a) of section 24(1) and substituting the following paragraph:“(a)

erect or place any fence, partition, structure or object in, above or across, or enclosing, any drain;”;

(c)

by deleting subsection (2) of section 24 and substituting the following subsections:“(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 drainage reserve that is State land;

(b)

park or leave any vehicle on any drainage reserve that is State land;

(c)

clear, dig up or cultivate, or interfere with any substance on, in or forming part of, any drainage reserve that is State land; or

(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 drain; or

(ii)

within the drainage reserve;

(b)

to move or remove from the drainage reserve, any object or obstruction, including vehicles, soil, building material or components, construction or renovation debris or other like matter;

(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 or drainage reserve as a result of; or

(ii)

to restore the drain or drainage reserve to its state before,

any unlawful activity mentioned in subsection (1) or (1A) done by the person, or caused or permitted by the person.”;

(d)

by inserting, immediately after the words “subsection (1)” in section 24(3)(a), the words “or (1A)(a), (b) or (c)”;

(e)

by deleting the words “structure, object or obstruction” in section 24(3)(b) and (c) and substituting in each case the words “fence, partition, structure, object or obstruction”;

(f)

by inserting, immediately after the words “subsection (1)” in section 24(4), the words “or (1A)”;

(g)

by inserting, immediately after subsection (4) of section 24, the following subsections:“(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.

(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.

(7) Unless subsection (8) applies, any fence, partition, structure, object, vehicle, material, article, thing or resulting debris removed under subsection (5) —(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.

(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) —(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.

(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),

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.

(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.

(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) by an authorised officer does not affect any proceedings that may be taken against a person for an offence under subsection (4).”;

(h)

by inserting, immediately after section 24, the following section:“Trees and plants encroaching into drainage reserve

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).”; and

(i)

by inserting, immediately after the words “drainage reserve” in section 29(1), the words “that is not within State land and”.

“(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 drainage reserve that is State land;

(b)

park or leave any vehicle on any drainage reserve that is State land;

(c)

clear, dig up or cultivate, or interfere with any substance on, in or forming part of, any drainage reserve that is State land; or

(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 drain; or

(ii)

within the drainage reserve;

(b)

to move or remove from the drainage reserve, any object or obstruction, including vehicles, soil, building material or components, construction or renovation debris or other like matter;

(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 or drainage reserve as a result of; or

(ii)

to restore the drain or drainage reserve to its state before,

any unlawful activity mentioned in subsection (1) or (1A) done by the person, or caused or permitted by the person.”;

“(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.

(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.

(7) Unless subsection (8) applies, any fence, partition, structure, object, vehicle, material, article, thing or resulting debris removed under subsection (5) —(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.

(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) —(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.

(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),

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.

(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.

(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) by an authorised officer does not affect any proceedings that may be taken against a person for an offence under subsection (4).”;

—(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).”; and