s 47 Damage to property of Board
47.—(1) Any person who, whether wilfully or otherwise —(a) removes, destroys or damages any property belonging to or under the management or control of the Board; or (b) hinders or prevents the property from being used or operated in the manner in which it is intended to be used or operated, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [9/2012] (2) In any proceedings for an offence under subsection (1), it is a defence for the person charged under that subsection to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence, but this defence is not available to any person who may be liable by virtue of section 56A.[9/2012] (3) If it appears to the Board that there has been a contravention of subsection (1), the Board may, by written notice, require any person who has done any of the acts referred to in that subsection or any other person who may be liable under that subsection by virtue of section 56A (called in this section the person in default) to carry out such works as may be necessary to restore the property to its original condition, or to replace it, within the time specified in the notice.[9/2012] (3A) All costs and expenses incurred by a person in complying with the notice mentioned in subsection (3) must be borne by the person.[Act 27 of 2023 wef 01/01/2024] (4) If the Board is of the opinion that immediate action is necessary or expedient or that the property cannot be restored by the person in default, the Board may, instead of issuing the notice under subsection (3) —(a) carry out such works as are necessary to restore the property to its original condition, or replace the property; and (b) recover as a debt due to it all expenses reasonably incurred in doing so from the person in default.[9/2012] [Act 27 of 2023 wef 01/01/2024] (5) If the person to whom a notice is given under subsection (3) fails to comply with the notice within the time specified, the Board may carry out the works specified in the notice in such manner as it thinks fit and recover as a debt due to it all expenses reasonably incurred in doing so from the person in default.[9/2012] [Act 27 of 2023 wef 01/01/2024] (6) Without affecting the Board’s right to exercise its powers under subsection (5), any person who, without reasonable excuse, fails to comply with a notice given to the person under subsection (3) shall be guilty of an offence.[9/2012] (7) Nothing in this section prohibits the Board from carrying out any works specified in a notice under subsection (3) at the request of a person on whom the notice has been served, upon the person undertaking to pay the Board’s costs and expenses in carrying out the works.[Act 27 of 2023 wef 01/01/2024] (8) Nothing in subsection (7) imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to carry out the works mentioned in that subsection.[Act 27 of 2023 wef 01/01/2024]