s 23 Stormwater drainage system not to be constructed or altered without Board’s certificate or approval
23.—(1) A person must not construct, alter, discontinue or close up, or cause or permit to be constructed, altered, discontinued or closed up, any stormwater drainage system or drain without obtaining in respect of those works, a clearance certificate or the approval of the Board under section 33.[Act 8 of 2026 wef 29/05/2026] (2) Where any stormwater drainage system or drain has been constructed, altered, discontinued or closed up in contravention of subsection (1) or any condition of a clearance certificate or approval granted pursuant to subsection (1), the Board may do one or both of the following:(a) serve on any person specified in subsection (3) a notice requiring the person to demolish or make good the stormwater drainage system or drain to its original condition within the time specified in the notice; (b) 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)(a) 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); (b) the owner or occupier of the premises at which the stormwater drainage system or drain mentioned in subsection (2) are situated;[Act 38 of 2024 wef 01/03/2025] (ba) the owner or occupier of any other premises to which the stormwater drainage system or drain mentioned in subsection (2) or any part thereof are connected and which serve the drainage needs of the other premises;[Act 38 of 2024 wef 01/03/2025] (c) any person having power to construct, alter or demolish the stormwater drainage system or drain mentioned in subsection (2).[Act 38 of 2024 wef 01/03/2025] (4) Any person who —(a) contravenes subsection (1); or (b) carries out any works after the clearance certificate or approval relating to those works has been revoked or during the period that the clearance certificate or approval is suspended under subsection (2)(b), shall be guilty of an offence and shall be liable — (c)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 Board is satisfied that it is immediately necessary to demolish or make good the stormwater drainage system or drain 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] (6) The Board may, as it thinks just —(a) recover the costs and expenses reasonably and necessarily incurred in carrying out the works under subsection (5) 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]