PART V
OFFENCES
Maintenance of water service installation
45.—(1)  Any person responsible for the maintenance of any water service installation shall ensure that the water service installation is properly maintained, kept in a fit and safe condition, and free from any defect.
(2)  Any person responsible for the maintenance of any water service installation in any residential, commercial or industrial premises having any master meter and water storage cistern shall engage, once in every 60 months, a water service worker who is a professional engineer registered under the Professional Engineers Act (Cap. 253) to inspect and certify that —
(a)the water service installation is fit and safe to use;
(b)the water service installation is properly maintained and there is no contamination or pollution or likelihood of such contamination or pollution to the water in the water service installation; and
(c)there is no leakage and no likelihood of leakage in the water service installation.
(3)  Every professional engineer engaged under subsection (2) shall ensure that the requirements set out in that subsection are complied with.
(4)  If any of the requirements set out in subsection (2) is not complied with, the professional engineer shall immediately notify —
(a)the person responsible for the maintenance of the water service installation; and
(b)the Board,
of such non-compliance and the remedial measures that have to be taken by that person.
(5)  Upon notification by the professional engineer, the person referred to in subsection (4)(a) shall immediately take the remedial measures.
(6)  The professional engineer shall issue a certificate of inspection and fitness to the person responsible for the maintenance of the water service installation if he is satisfied that the water service installation complies with all the requirements set out in subsection (2).
(7)  Any person who contravenes any of the provisions of this section shall be guilty of an offence.
Duties of person laying pipes
46.—(1)  Any person who lays any pipe in the vicinity of another pipe shall, if one of the pipes is or is to be used to convey water for human consumption and the other pipe is or is to be used to convey water for any other purpose, or any other substance or thing, clearly mark the pipes such that they can be distinguished from each other.
(2)  A person who lays, repairs, modifies or replaces any pipe in the vicinity of another pipe shall, if one of the pipes is or is to be used to convey water for human consumption and the other pipe is or is to be used to convey water for any other purpose, or any other substance or thing, ensure that the pipes do not become connected or cross-connected to each other.
(3)  Any person who contravenes subsection (1) or (2) shall be guilty of an offence.
Damage to property of Board
47.  Any person who wilfully removes, destroys or damages any property belonging to or under the management or control of the Board or hinders or prevents the property from being used or operated in the manner in which it is intended to be used or operated shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
Compensation for damaging property of Board
48.—(1)  Any person who removes, destroys or damages, whether wilfully or otherwise, any property belonging to the Board or hinders or prevents the property from being used or operated in the manner in which it is intended to be used or operated shall, in addition to any penalty for which he is liable for an offence under this Act, be liable to pay compensation for the damage he has done and the compensation shall be recoverable by civil action before any court of competent jurisdiction.
(2)  Any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for payment of the same.
(3)  Any order made under subsection (2) may be enforced as if it were a judgment in a civil action.
Falsely pretending to be employee of Board
49.  Any person who seeks to obtain entry to any premises by falsely pretending to be an employee of the Board shall be guilty of an offence.
Unauthorised connection with main, contamination, wastage, etc.
50.—(1)  Any person who —
(a)lays or causes to be laid any pipe or line to communicate with any main, pipe, standpipe, hydrant or line belonging to or under the management or control of the Board without the consent of the Board;
(b)wastes any water;
(c)causes contamination to water supplied by the Board; or
(d)wilfully does any act which interferes with or disrupts the supply of the water of the Board,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
(2)  Any person who —
(a)dishonestly or fraudulently abstracts, uses or consumes, or dishonestly or fraudulently diverts or causes to be diverted, any water supplied by the Board;
(b)without the written consent of the Board, supplies for consideration any other person with any water supplied to the first-mentioned person for any purpose by the Board; or
(c)alters or tampers with any meter supplied by the Board,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction.
(3)  Where any person is prosecuted for an offence under subsection (2)(c) —
(a)the possession by him of any device for altering the index of any meter or for preventing any meter from duly registering the quantity of water supplied by the Board;
(b)the existence of any hole on the meter cover of any meter supplied by the Board; or
(c)the existence of any damage to the seal of any meter,
when the meter is in the custody or under the control of the person, shall be prima facie evidence that the person has altered or tampered with the meter.
Penalty for obstructing Board in performance of duties
51.  Any person who at any time hinders, obstructs or molests any employee, agent or contractor of the Board in the performance and execution of his duty under this Act shall be guilty of an offence.
Making of false statements, etc.
52.—(1)  Any person who, when giving any information to the Board or making any application under or for the purposes of any provision of this Act, makes any statement which he knows to be false in a material particular, or who recklessly makes any statement which is false in a material particular, shall be guilty of an offence.
(2)  Any person who —
(a)wilfully or fraudulently procures or attempts to procure for himself or for any other person any licence or approval under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration either verbally or in writing; or
(b)knowingly aids or assists therein,
shall be guilty of an offence.
Certificate of Chief Executive to be evidence of certain facts
53.  In any proceedings for an offence under this Act, a certificate purporting to be signed by the Chief Executive and stating that any person described in the certificate is or is not granted a licence or approval under this Act, shall be sufficient evidence of the matters stated in the certificate.
Jurisdiction of court
54.  Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court and a Magistrate’s Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of any offence under this Act.
Police officer or authorised officer may require evidence of identity in certain cases
55.—(1)  Any police officer or authorised officer who reasonably believes that any person has committed an offence under this Act may require that person to furnish evidence of his identity and the person shall thereupon furnish such evidence of his identity as may be required by the police officer or authorised officer.
(2)  The occupier of any premises shall, if required by any police officer or authorised officer, furnish his name and the name and address of the owner of the premises, if known.
(3)  Any person who —
(a)refuses to furnish any information required of him by any police officer or authorised officer under this section; or
(b)wilfully mis-states such information,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Offences committed by bodies corporate, etc.
56.  Where an offence under this Act has been committed by a company, firm, society or other body of persons, and that offence is proved to have been committed with the authority, consent or connivance of any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in any such capacity, that person shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Duty to enquire before excavation
57.  Any person who digs, bores, trenches, grades, excavates or breaks any ground with any mechanical equipment or explosive or allows his employee or agent to do so without first ascertaining the location of any main or pipe belonging to or under the management or control of the Board that may be interfered with shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.
General penalties
58.  Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part thereof during which the offence continues after conviction.
Composition of offences
59.—(1)  The Board may, in its discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $3,000 or, in the case of a compoundable offence under paragraph 10 of the Third Schedule, a sum not exceeding $500.
(2)  The Board may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.
(3)  All sums collected under this section shall be paid to the Board.