s 38 Failed construction materials
38.—(1) This section applies to any essential construction material the quality of which the Authority determines is not acceptable for use in any building works, street works or railway works in Singapore (called hereafter failed construction material). (2) Where the Authority, after considering the findings of an authorised analyst in relation to any consignment of essential construction material imported by a licensee, is satisfied that the essential construction material is of acceptable quality for use in any building works, street works or railway works in Singapore, the Authority must by written notice to the licensee concerned immediately lift the isolation order (if any) to which the consignment of essential construction material is subject. (3) Where the Authority, after considering the findings of an authorised analyst, is of the view that a consignment of essential construction material imported by a licensee is failed construction material, the Authority may by written notice —(a) refuse to lift any isolation order in respect of the consignment; and (b) require the licensee to comply with subsection (4) or (5), as the case may be. (4) Where the failed construction material is a sample taken for evaluation under section 36(4), the licensee to whom a notice in subsection (3)(b) is given must —(a) at the licensee’s own expense and within the prescribed time, remove from Singapore any remaining failed construction material in the licensee’s possession, and any other essential construction material (whether or not from the same consignment) extracted or won from the same site as that from which the failed construction material was extracted or won, or destroy or otherwise dispose of it in the prescribed manner; and (b) immediately cease to further import, supply or use in any building works, street works or railway works in Singapore the essential construction material extracted or won from the same site as that from which the failed construction material was extracted or won, except under such circumstances, in such manner and within such time as the Authority may approve. (5) Where the failed construction material is a sample taken for evaluation under section 36(6), the licensee to whom a notice in subsection (3)(b) is given must, in addition to complying with the requirements of subsection (4)(a) and (b), at the licensee’s own expense and within the prescribed time, notify in the prescribed manner —(a) every person to whom the licensee has supplied essential construction material between the day the consignment of failed construction material enters into Singapore and the seventh day after the Authority receives the authorised analyst’s certificate relating to that consignment (both days inclusive); and (b) the Authority of the identity and business address of every such person in paragraph (a) so notified. (6) Where a licensee to whom subsection (4) or (5) applies fails to remove the failed construction material and other essential construction material from Singapore or destroy or otherwise dispose of it in accordance with the manner prescribed —(a) an enforcement officer or assisting officer may take such steps as he or she thinks fit to secure the removal, destruction or disposal of the failed construction material and other essential construction material; and (b) the Authority may recover from that licensee (as a debt due to the Authority) any costs and expenses reasonably incurred by the enforcement officer or assisting officer in doing so. (7) Subsection (4)(b) does not prejudice the enforcement by any person of any right or claim against a licensee on whom a direction under that subsection is served or by such a licensee of any right or claim against any person. (8) The licensee concerned must bear the costs of and incidental to any evaluation of any essential construction material required in connection with the licensee seeking the approval of the Authority under subsection (4)(b).[31L