s 24 Drains, drainage reserves and reservoirs not to be interfered with
24.—(1) A person must not —(a) erect or place any fence, partition, structure or object in, above or across, or enclosing, the whole or any part of, any drain or reservoir;[Act 38 of 2024 wef 01/03/2025] (b) cause any obstruction to the flow of any stormwater drainage system; or (c) erect, construct or lay within any drainage reserve any fence, retaining wall, foundation, manhole, pipe, cable, mains or any obstruction or structure (whether temporary or permanent),[Act 38 of 2024 wef 01/03/2025] without obtaining in respect of those works a clearance certificate or the approval of the Board under section 33. (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 drain or drainage reserve;[Act 38 of 2024 wef 01/03/2025] (b) park or leave any vehicle on any drainage reserve; [Act 38 of 2024 wef 01/03/2025] (c) clear, dig up or cultivate, or interfere with any substance on, in or forming part of, any drain or drainage reserve; or[Act 38 of 2024 wef 01/03/2025] (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 whole or any part of, the drain or reservoir; or[Act 38 of 2024 wef 01/03/2025] (ii) within the drainage reserve; (b) to move or remove from the drain, drainage reserve or reservoir, any object or obstruction, including vehicles, soil, building material or components, construction or renovation debris or other like matter;[Act 38 of 2024 wef 01/03/2025] (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, drainage reserve or reservoir as a result of; or[Act 38 of 2024 wef 01/03/2025] (ii) to restore the drain, drainage reserve or reservoir to its state before,[Act 38 of 2024 wef 01/03/2025] any unlawful activity mentioned in subsection (1) or (1A) done by the person, or caused or permitted by the person. [Act 42 of 2022 wef 01/11/2024] (2A) Without affecting subsection (2), if any condition of a clearance certificate or approval granted pursuant to subsection (1) or (1A) is contravened, the Board may revoke the clearance certificate or approval given, or suspend the clearance certificate or approval for such period as the Board considers reasonable.[Act 38 of 2024 wef 01/03/2025] (3) The notice mentioned in subsection (2) may be served on all or any of the following persons:(a) any person who does or causes or permits to be done any of the acts mentioned in subsection (1) or (1A)(a), (b) or (c);[Act 42 of 2022 wef 01/11/2024] (b) the owner or occupier of the premises where the fence, partition, structure, object or obstruction mentioned in subsection (2) are located;[Act 42 of 2022 wef 01/11/2024] (c) any other person having power to remove the fence, partition, structure, object or obstruction mentioned in subsection (2).[Act 42 of 2022 wef 01/11/2024] (4) Any person who —(a) contravenes subsection (1) or (1A); or (b) carries out any works after the clearance certificate or approval relating to those works has been revoked or during the period that the clearance certificate or approval is suspended under subsection (2A), shall be guilty of an offence and shall be liable — (c) on the first conviction to a fine not exceeding $50,000; and (d) on a second or subsequent conviction to a fine not exceeding $100,000.[Act 38 of 2024 wef 01/03/2025] (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.[Act 42 of 2022 wef 01/11/2024] (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.[Act 42 of 2022 wef 01/11/2024] (6A) Where the Board is satisfied that it is immediately necessary to remove the structure, object or obstruction and make good the drain, drainage reserve or reservoir to its original condition, any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out any alterations, repairs, works, acts or things that are necessary for that purpose.[Act 38 of 2024 wef 01/03/2025] (6B) The Board may, as it thinks just —(a) recover the costs and expenses reasonably and necessarily incurred in carrying out the works under subsection (6A) from any of the persons mentioned in subsection (3); or (b) apportion such costs and expenses among all or any of the persons mentioned in subsection (3) and recover the sums apportioned from those persons.[Act 38 of 2024 wef 01/03/2025] (7) Unless subsection (8) applies, any fence, partition, structure, object, vehicle, material, article, thing or resulting debris removed under subsection (5) or (6A) —(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.[Act 42 of 2022 wef 01/11/2024] [Act 38 of 2024 wef 01/03/2025] (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) or (6A) —(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.[Act 42 of 2022 wef 01/11/2024] [Act 38 of 2024 wef 01/03/2025] (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) or (6A), 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. [Act 42 of 2022 wef 01/11/2024] [Act 38 of 2024 wef 01/03/2025] (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.[Act 42 of 2022 wef 01/11/2024] (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) or (6A) by an authorised officer does not affect any proceedings that may be taken against a person for an offence under subsection (4).[Act 42 of 2022 wef 01/11/2024] [Act 38 of 2024 wef 01/03/2025]