s 26 Works affecting stormwater drainage system, etc.
26.—(1) A person must not carry out or cause to be carried out —(a) any works which affect or are likely to affect any stormwater drainage system, drain, drainage reserve or reservoir, directly or indirectly; or[Act 38 of 2024 wef 01/03/2025] (b) any works that could lead to the discharge of silt directly or indirectly into any stormwater drainage system, drain, drainage reserve or reservoir,[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. [10/2012] [Act 38 of 2024 wef 01/03/2025] (1A) A person must not carry out or cause to be carried out —(a) any activity (not being works) which affects or is likely to affect any stormwater drainage system, drain or drainage reserve, directly or indirectly; or (b) any activity (not being works) that could lead to the discharge of silt directly or indirectly into any stormwater drainage system, drain, drainage reserve or reservoir.[Act 38 of 2024 wef 01/03/2025] (2) Every person given a clearance certificate or approval by the Board to carry out any works under subsection (1) must —(a) notify the Board in writing before the commencement of the works; (b) provide adequate silt control measures in accordance with any standards or guidelines issued by the Board before the commencement and for the duration of the works; and (c) comply with the conditions of the clearance certificate or approval, if any.[10/2012] (3) The Board may prescribe standards and limits in respect of any discharge of silt into any stormwater drainage system, drain, drainage reserve or reservoir.[10/2012] [Act 38 of 2024 wef 01/03/2025] (4) Where any works are or have been carried out in contravention of subsection (1) or (2), or as a result of which silt is discharged which exceeds the standards or limits prescribed under subsection (3), the Board may do all or any of the following:(a) by written notice require the person who carried out or caused to be carried out the works, or the owner or occupier of any premises in respect of which the works were carried out, to do one or more of the following:(i) to immediately cease the carrying out of those works, either indefinitely or for such period as the Board may specify; (ii) to carry out any works that the Board may think necessary to restore the stormwater drainage system, drain, drainage reserve or reservoir to its original condition or to protect the stormwater drainage system, drain, drainage reserve or reservoir, within the time specified in the notice;[Act 38 of 2024 wef 01/03/2025] (iii) to take any measures that the Board may think necessary to comply with subsection (2)(b) or (c) or adhere to the standards or limits prescribed under subsection (3); (b) revoke the clearance certificate or approval given, or suspend the clearance certificate or approval for such period as the Board considers reasonable.[10/2012] (4A) Where any activity is or has been carried out in contravention of subsection (1A), or as a result of which silt is discharged which exceeds the standards or limits prescribed under subsection (3), the Board may by written notice require the person who carried out or caused to be carried out the activity, or the owner or occupier of any premises where the activity was carried out, to do one or more of the following:(a) to immediately cease the carrying out of the activity, either indefinitely or for such period as the Board may specify; (b) to carry out any works that the Board thinks necessary to restore the stormwater drainage system, drain, drainage reserve or reservoir to its original condition or to protect the stormwater drainage system, drain, drainage reserve or reservoir, within the time specified in the notice; (c) to take any measures that the Board thinks necessary to adhere to the standards or limits prescribed under subsection (3).[Act 38 of 2024 wef 01/03/2025] (5) Any person who —(a) contravenes subsection (1), (1A) or (2); (b) without reasonable excuse, fails to comply with a notice of the Board under subsection (4)(a) or (4A); or (c) 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 (4)(b), shall be guilty of an offence and shall be liable — (d) on the first conviction to a fine not exceeding $50,000; and (e) on a second or subsequent conviction to a fine not exceeding $100,000.[Act 38 of 2024 wef 01/03/2025] (6) Where the person on whom the notice is served under subsection (4)(a) or (4A) fails to comply with the notice, an authorised officer may, at all reasonable hours in the day or night, or at such other time as may be agreed with the 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 but without affecting any proceedings that may be taken against that person under subsection (5).[10/2012] [Act 38 of 2024 wef 01/03/2025] (7) Any expenses reasonably incurred by the Board under subsection (6) may be recovered from the person who failed to comply with the notice served on the person under subsection (4)(a) or (4A), and section 48 and, if that person is the owner of the premises, section 50 applies in respect of those expenses.[10/2012] [Act 38 of 2024 wef 01/03/2025] (7A) Where the Board is satisfied that it is immediately necessary to take any measure or carry out any works —(a) to stop the works or activity carried out in contravention of subsection (1), (1A) or (2); (b) to restore the stormwater drainage system, drain, drainage reserve or reservoir to its original condition or to protect the stormwater drainage system, drain, drainage reserve or reservoir; or (c) without affecting paragraph (a) or (b), to prevent any silt resulting from any works or activity mentioned in subsection (1) or (1A) from discharging directly or indirectly into any stormwater drainage system, drain, drainage reserve or reservoir, any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out the measures or works. [Act 38 of 2024 wef 01/03/2025] (7B) The Board may, as it thinks just —(a) recover the costs and expenses reasonably and necessarily incurred in carrying out the measures or works under subsection (7A) from any of the persons mentioned in subsection (4)(a) or (4A), as the case may be; or (b) apportion such costs and expenses among all or any of the persons mentioned in subsection (4)(a) or (4A) (as the case may be) and recover the sums apportioned from those persons.[Act 38 of 2024 wef 01/03/2025] (8) Nothing in this section is to be construed as prohibiting the Board from carrying out any works specified in any notice under subsection (4)(a) or (4A) 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.[10/2012] [Act 38 of 2024 wef 01/03/2025]