s 23 No disposal facility to be constructed, etc., without waste disposal licence
23.—(1) A person must not construct, establish, maintain or operate any disposal facility without a waste disposal licence granted by the Director‑General under this section. (1A) Without limiting section 99(2), an application for the grant or renewal of a waste disposal licence must —(a) be in the form and manner specified by the Director-General; (b) be accompanied by an application fee, if prescribed; and (c) be accompanied by any prescribed information that the Director-General requires to decide on the application, including but not limited to the following:(i) a progressive wage plan for the waste disposal workers that the applicant employs who are citizens or permanent residents of Singapore, that complies with the prescribed requirements; (ii) evidence that such proportion of the waste disposal workers that the applicant employs, have attended such training and at such frequency, as the Director-General may specify.[Act 5 of 2023 wef 01/07/2023] (1B) The Director-General may refuse to consider an application that is incomplete or not made in accordance with subsection (1A).[Act 5 of 2023 wef 01/07/2023] (2) The Director‑General may grant a waste disposal licence authorising any person to construct, establish, maintain or operate any disposal facility.[Act 5 of 2023 wef 01/07/2023] (3) A waste disposal licence may be granted under this section following a public tender or in any other manner that the Director‑General thinks fit.[Act 5 of 2023 wef 01/07/2023] (3A) The Director-General may subdivide waste disposal licences into classes, such as according to the type of waste that may be received, stored, sorted, treated or processed at the disposal facility maintained or operated by the waste disposal licensee, and may grant or renew a waste disposal licence accordingly for one or more such classes.[Act 5 of 2023 wef 01/07/2023] (4) Except as otherwise prescribed under section 99(9), the Director‑General may require any waste disposal licensee to render a payment on the grant of a waste disposal licence under this section or such periodic payments during the currency of the waste disposal licence or both of such amount or amounts as the Director‑General may determine by or under the waste disposal licence.[Act 5 of 2023 wef 01/07/2023] (5) Without limiting section 99(1), conditions attached to a waste disposal licence granted under this section may include —(a) a condition requiring the waste disposal licensee to comply with any standard of service and level of performance that the Director‑General may specify;[Act 5 of 2023 wef 01/07/2023] (b) [Deleted by Act 5 of 2023 wef 01/07/2023] (c) a condition regulating the charge to be levied by the waste disposal licensee for the provision of the waste disposal facility; and[Act 5 of 2023 wef 01/07/2023] (d) a condition requiring the waste disposal licensee not to accept any waste which in the opinion of the Director‑General is not suitable for disposal.[Act 5 of 2023 wef 01/07/2023] [Act 5 of 2023 wef 01/07/2023] (5A) The Director-General may —(a) under section 99(1)(c), impose different conditions for different classes of waste disposal licences or waste disposal licensees under different circumstances; and (b) despite section 99(13), modify any condition or add any new condition during the period to which a waste disposal licence relates, if the Director-General is satisfied that it is in the public interest to do so, except that any such condition or modification must not be inconsistent with any prescribed condition referred to in section 23A(1) or (2). [Act 5 of 2023 wef 01/07/2023] (6) The Director-General may by written notice require any owner or occupier of any work place to construct, establish, maintain or operate any disposal facility. (7) Any person using, working or operating a disposal facility must use, work or operate the disposal facility in any manner that the Director‑General may require. (8) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both. (9) If in any proceedings for a contravention of subsection (1) it is shown that any premises are being used as a disposal facility, it is presumed, until the contrary is proved, that the occupier of the premises has constructed, established, maintained or operated the disposal facility.[Act 5 of 2023 wef 01/07/2023]