s 31DB Monitoring powers
31DB.—(1) Subject to subsection (2), the Director-General or any authorised officer appointed under section 3(2) may, for the purpose of monitoring a licensee’s compliance with any provision of this Part or any condition of a waste collector licence or waste disposal licence, by written notice —(a) require the licensee to produce any records, accounts and documents kept by the licensee in relation to —(i) the business that the licensee is authorised to carry on under the waste collector licence or waste disposal licence; or (ii) the payment of remuneration to the licensee’s waste management workers, within such reasonable time as may be specified in the notice; (b) inspect, examine and make copies of any such records, accounts and documents so produced; and (c) make any inquiry that may be necessary to ascertain whether any provision of this Part or any condition of the waste collector licence or waste disposal licence, is complied with. (2) Where the Director-General or any authorised officer appointed under section 3(2) has received information or has reasonable cause to believe that an offence under this Part or a failure to comply with any condition of a waste collector licence or waste disposal licence has occurred, or is occurring or about to occur, the Director-General or authorised officer may exercise all or any of the powers mentioned in subsection (1) without having to issue any written notice. (3) Where the records, accounts and documents mentioned in subsection (1) are kept in electronic form —(a) the power of the Director-General or authorised officer under subsection (1)(a) to require any such records, accounts or documents to be produced for inspection includes power to require a copy of the records, accounts or documents to be made available for inspection in legible form and subsection (1)(b) applies accordingly in relation to any copy so made available; and (b) the power of the Director-General or authorised officer under subsection (1)(b) to inspect any such records, accounts or documents includes power to require the licensee or the person who produced the records, accounts or documents on behalf of the licensee or (where the records, accounts or documents are kept at any premises) any person on those premises to give the Director-General or authorised officer any assistance that the Director-General or authorised officer may reasonably require to enable him or her to inspect and make copies of the records, accounts or documents in legible form or to make records of information contained in them. (4) Any person who fails, without reasonable excuse, to comply with any requirement imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (5) In this section, “licensee” means a waste collector licensee or waste disposal licensee.[Act 5 of 2023 wef 01/07/2023]