Environmental Public Health Act 1987 - Singapore Statutes Online

PART 5

PUBLIC NUISANCES

Public nuisances to be abated

43. The Director‑General may take any steps that he or she may consider necessary to remove or abate all nuisances of a public nature and may, if he or she considers that the circumstances so warrant, proceed at law against any person committing any such nuisance.

Nuisances liable to be dealt with summarily

44. For the purposes of this Act, the following are nuisances liable to be dealt with summarily under this Act:

(a)	any premises or part of the premises of such a construction or in such a state as to be a nuisance or injurious or dangerous to health;
(b)	any pool, gutter, watercourse, earth closet, cesspool, sewer, drain or sanitary conveniences in a foul state or so situate as to be a nuisance or injurious or dangerous to health;
(c)	the keeping of any animal, bird, poultry or carcase in such place or manner or in such numbers as to be a nuisance or injurious or dangerous to health;
(d)	any dust, effluvium, accumulation or deposit which is a nuisance or injurious or dangerous to health;
(e)	the issue of any fumes, vapours, gases, heat, radiation or smells in any premises which is a nuisance or injurious or dangerous to health;
(f)	any well, pool or other source, the water from which is used or likely to be used for human consumption and which is so polluted or is likely to become so polluted as to be injurious or dangerous to health;
(g)	any tank or receptacle or article capable of containing water or any well, pool, watercourse, ditch or low marshy ground which is injurious to health or offensive to the neighbourhood;
(h)	any factory or work place which is not kept in a clean state and free from effluvia arising from any sewer, drain, privy, latrine, earth closet, urinal or other nuisance;
(i)	any place where there exists, or is likely to exist, any condition giving rise, or capable of giving rise to the breeding of flies or mosquitoes;
(j)	any furnace, chimney, fireplace or other place from which is emitted smoke or other unconsumed combustible matter in such quantity or in such a manner as to be a nuisance or injurious or dangerous to health;
(k)	any brickfield, sandpit or any other kind of excavation which is injurious to health or offensive to the neighbourhood or is used for any purpose likely to be injurious to health;
(l)	any machinery, plant or any method or process used in any premises which causes a nuisance or is dangerous to public health or safety;
(m)	any place where there occurs, or from which there emanates noise or vibration as to amount to a nuisance; or
(n)	any other matter declared by this Act to be a nuisance liable to be dealt with summarily.

Nuisance order

45.—(1) On receipt of any information with respect to the existence of a nuisance liable to be dealt with summarily under this Act, the Director‑General may, if satisfied of the existence of a nuisance, serve a nuisance order on the person by whose act, default or sufferance the nuisance arises or continues, or if the person cannot be found, on the owner or occupier of the premises on which the nuisance arises.

(2) A nuisance order may —

(a)	require works to be executed or things to be done that are necessary to abate the nuisance;
(b)	require works to be executed or things to be done that are necessary to prevent the recurrence of the nuisance even though the nuisance has for the time being been abated;
(c)	require the stoppage of any work either indefinitely or until such time as the steps which may be specified in the order have been taken to abate or prevent the recurrence of the nuisance; or
(d)	prohibit a dwelling house from being used for human habitation.

(3) A nuisance order must, if the Director‑General thinks it desirable, specify the works to be executed by any person under subsection (2).

(4) Where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the occupier or the owner of the premises, the Director‑General may cause the nuisance to be abated and may do what is necessary to prevent the recurrence of the nuisance.

(5) Where a nuisance order prohibits a dwelling house from being used for human habitation, the Director‑General may, when satisfied that it has been rendered fit for human habitation, cancel the nuisance order.

(6) Where a nuisance order prohibiting a dwelling house from being used for human habitation has not been cancelled, the Director‑General may make a complaint to a Magistrate’s Court if he or she is of the opinion that —

(a)	the dwelling house has not been rendered fit for human habitation;
(b)	the necessary steps are not being taken with all due diligence to render it so fit; or
(c)	the continuance of the dwelling house is dangerous or injurious to the health of the public or of the occupants of the neighbouring dwelling houses.

(7) A Magistrate’s Court after hearing the complaint may make on the owner a summary order for the demolition of the dwelling house within the time and date specified in the order.

(8) The order may also contain a direction that the materials of the dwelling house or any part of the materials must be destroyed.

(9) Where a nuisance order prohibits a dwelling house from being used for human habitation, the Director‑General must serve notice of the order on every occupier of the dwelling house.

(10) Within the period specified in the order being at least 7 days (except in case of immediate danger) after the service of the order under subsection (9), the order must be obeyed by the occupier and the occupier and his or her family must cease to inhabit the dwelling house, and in default the occupier shall be guilty of an offence and the Magistrate’s Court is, upon application by the Director‑General, to make a summary order for the ejectment of the occupier and the order may be carried into effect by any police officer.

(11) Any person who fails to comply with a nuisance order served on the person under subsection (1) shall be guilty of an offence and shall be liable —

(a)	in the case of a first conviction, to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and
(b)	in the case of a second or subsequent conviction, 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 continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

Execution of order for demolition

46.—(1) Where an order for the demolition of a dwelling house has been made under section 45(7), the owner of the dwelling house must, within the time mentioned in the order, take down and remove the dwelling house and, if the order for demolition so directs and to the extent mentioned in the order, destroy the materials thereof.

(2) If the owner fails to comply with subsection (1), the Director‑General or any authorised officer must proceed to take down and remove the building and (if necessary) destroy the materials, and may recover the costs of such work from the owner.

(3) Section 93 applies to any sum recoverable from any owner under this section.

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