PART 4 | Prohibition on creating conditions favourable to vectors |
15.—(1) A person must not create, or cause or permit to be created, any condition favourable to the propagation or harbouring of vectors.| (2) Every person must comply with all such reasonable directions as may be given by the Director‑General or an authorised officer with a view to ensuring that such a condition does not arise or with a view to terminating the condition. |
| (3) The directions may be given to the owner or occupier of any premises, vessel or aircraft and to any person therein, including the agents and servants of the owner or occupier. |
| (4) If in any proceedings for a contravention of subsection (1) it is shown that the condition on any premises, vessel or aircraft is favourable to the propagation or harbouring of vectors, it is presumed, unless the contrary is proved, that the condition is created, or caused or permitted to be created, by the owner or occupier of the premises, vessel or aircraft. |
|
| Prohibition on breeding, etc., of vectors without Director‑General’s permission |
16.—(1) A person must not breed, keep, collect, distribute, sell, import or export any vectors without the written permission of the Director‑General.| (2) An application for the Director-General’s permission to breed, keep, collect, distribute, sell, import or export any vectors must be made in such form and must state such particulars as the Director‑General may require. |
| (3) The Director-General may refuse the application without giving any reason. |
(4) The Director-General must not grant permission to any person to breed, keep, collect, distribute, sell, import or export any vectors unless the Director-General is satisfied that the application has been made for — | (a) | a scientific purpose; | | (b) | purposes of education or research; or | | (c) | any other purpose that is acceptable to the Director‑General. |
|
| (5) The Director-General may, in granting permission to any person to breed, keep, collect, distribute, sell, import or export any vectors, impose any conditions that the Director‑General thinks fit. |
| (6) The Director-General may revoke his or her permission granted under this section at any time without giving any reason. |
|
| Powers of Director-General to direct taking of measures |
17.—(1) Where it appears to the Director-General that any premises, vessel or aircraft or anything therein is or may become favourable to the propagation or harbouring of vectors, the Director‑General may make a written order addressed to the owner or occupier of the premises, vessel or aircraft.| (2) The order made under subsection (1) may direct the owner or occupier to carry out such vector control work or to take such measure, as may be specified in the order, with regard to the premises, vessel or aircraft for the treatment, destruction or removal of anything on the premises, vessel or aircraft, so as to bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors. |
(3) The Director-General may, in the order, direct that —| (a) | the vector control work or any other specified measure must be commenced on or before a specified date and must be completed within a specified period; | | (b) | the vector control work must be carried out or any other specified measure must be taken at specified intervals over a specified period of time; | | (c) | the vector control work or any other specified measure must be commenced within a specified period of time and continued until the premises, vessel or aircraft or anything on the premises, vessel or aircraft is no longer favourable to the propagation or harbouring of vectors; | | (d) | any work being carried out on the premises, vessel or aircraft must be stopped either indefinitely or until the vector control work has been carried out or the specified measure has been taken to bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors; or | | (e) | the vector control work must be carried out or any other specified measure must be taken by a registered vector control operator or a licensed vector control technician. |
|
| (4) The Director-General may, by written order, direct the occupier of any premises, vessel or aircraft to cover, within a specified time, and keep continuously covered, any specified tank, cistern, receptacle or any manner of container in or appertaining to the premises, vessel or aircraft, so that vectors are unable to enter therein, and where any premises, vessel or aircraft is unoccupied, the order may be addressed to the owner thereof as if the owner were the occupier. |
(5) In particular and without limiting the powers under this section, the Director‑General may, in the order, direct the owner or occupier of any premises to —| (a) | drain any land in accordance with the specifications or in the manner specified in the order; or | | (b) | fill up inequalities in the surface of any land to a specified level, |
| so as to prevent the breeding of vectors or so as to keep the land permanently free from standing water to an extent specified in the order. |
|
| (6) Despite subsections (1), (4) and (5), the Director‑General may, if in his or her opinion the circumstances so warrant, himself or herself cause any work or measure specified in those subsections to be carried out or taken and recover the costs and expenses incurred from the owner or occupier of the premises, vessel or aircraft, as the case may be. |
| (7) Where an order served under subsection (1) requires that any work being carried out on the premises, vessel or aircraft must be stopped, and the owner or occupier of the premises, vessel or aircraft on whom the order was served fails to comply with such requirements, the Director‑General may make a complaint to a Magistrate’s Court. |
| (8) The Magistrate’s Court may, upon application by the Director‑General, make a summary order for the ejectment of any person found carrying out or likely to carry out such work on the premises, vessel or aircraft. |
| (9) Any person aggrieved by any order made by the Director‑General under this section may, within 3 days of the order, appeal in writing to the Minister. |
| (10) Even though any appeal under subsection (9) is pending, an order made by the Director‑General under this section takes effect from the date stated in the order, unless the Minister otherwise directs. |
| (11) The Minister may, on an appeal made under subsection (9), confirm, vary or rescind the order or make any other order which the Director‑General is competent to make under this Act, and the decision of the Minister is final. |
|
| Enforcement of order under section 17 |
18. If the owner or occupier of any premises, vessel or aircraft on whom an order made under section 17 has been served fails to comply with the terms of the order, the Director‑General or an authorised officer may —| (a) | enter the premises, vessel or aircraft with such assistants and things as are necessary; and | | (b) | do anything necessary or required by the order to be done and recover the costs and expenses incurred (if any) from the owner or occupier of the premises, vessel or aircraft. |
|
| Prohibition on clearing undergrowth or vegetation under certain circumstances |
| 19. Where on any land there is any stream or seepage or running or standing water to which shade may be afforded by the development of undergrowth or other vegetation, a person must not cut down or clear, or cause or permit to be cut down or cleared, any undergrowth or vegetation within 6 metres of the stream or seepage or running or standing water without the prior approval of the Director‑General. |
| Medical examination of persons suspected of being infected with vector-borne diseases |
| 20. The Director-General may, by written notice, require any person suspected of being infected with any vector‑borne disease to submit to medical examination and have his or her blood sample taken for examination within the time specified in the notice, and if the person is found to be infected, the Director‑General may require the person to undergo treatment. |
| Spraying or fogging with pesticide |
21.—(1) The Director-General may, by written notice, require the owner or occupier of any premises, vessel or aircraft or any pond, well, pool or other body of water, to carry out the spraying or fogging thereof with any form of pesticide within the time specified in the notice.| (2) Despite subsection (1), the Director-General may, if he or she considers it necessary, himself or herself carry out the spraying or fogging and recover any costs or expenses incurred from the owner or occupier of the premises, vessel or aircraft or pond, well, pool or other body of water, as the case may be. |
| (3) A person must not remove or render less effective any pesticide sprayed or fogged under subsection (1) or (2). |
|
| Power to require information |
| 22. If, in the opinion of the Director-General, there is reasonable ground for suspecting that any person possesses information relating to the propagation of vectors or of the occurrence of any vector‑borne disease, the Director‑General may require that the information be produced, whether immediately or within the time specified by the Director‑General. |
23. Any person who fails to comply with any notice or order made under this Part, or contravenes any of the provisions of this Part, shall be guilty of an offence and shall be liable on conviction —| (a) | in the case of an offence under section 17, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and | | (b) | in any other case, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
|
|
