PART 6 | PRODUCER RESPONSIBILITY SCHEMES |
| Licence required to operate producer responsibility scheme |
28.—(1) A person must not operate, or advertise or otherwise hold out that the person is operating, a producer responsibility scheme unless the person is authorised to do so by a licence under this Part.| (2) A person who contravenes subsection (1) 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 months or to both. |
| (3) In a prosecution for an offence under subsection (2), it is not necessary for the prosecution to prove that the defendant intended to commit the offence. |
| (4) The offence under subsection (2) is a strict liability offence. |
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| Producer responsibility scheme licence |
29.—(1) An application for a licence to operate a producer responsibility scheme must be made to the Agency in the form and manner the Agency requires.(2) After considering an application for the grant of a licence, the Agency may —| (a) | grant the licence for such duration as the Agency may specify in the licence; or | | (b) | refuse the application. |
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| (3) The Minister may from time to time, by notification in the Gazette, prescribe a limit on the number of licences to be granted by the Agency under subsection (2) for a type of specified waste. |
| (4) A person who is to be granted a licence may be selected by the Agency from among those who submit tenders in response to an invitation to tender for the right to operate a producer responsibility scheme under that licence. |
| (5) Any invitation to tender under this section must specify that an applicant who tenders for a licence must state the amount (by reference to quantity or method or otherwise) that the applicant will charge members of the producer responsibility scheme if the applicant is granted a licence. |
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| Requirements relating to key appointment holders |
29A.—(1) The Minister may, by regulations made under section 52 —| (a) | subject to subsection (2), prescribe requirements relating to persons appointed as a licensee’s key appointment holders; and | | (b) | require a licensee to obtain the Agency’s approval for the appointment of a key appointment holder in relation to whom any requirement mentioned in paragraph (a) is imposed. |
| (2) The requirements mentioned in subsection (1)(a) must not be imposed in relation to more than one-third of the number of persons (rounded up to the next whole number) appointed as the licensee’s key appointment holders. [Act 14 of 2023 wef 12/07/2024] |
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30.—(1) A licence is subject to such conditions as the Agency may specify.(2) The conditions may include the following:| (a) | requirements relating to the fees payable by members of the producer responsibility scheme; | | (b) | requirements relating to the waste collection operations of the licensee, to ensure comprehensive and regular collection, removal and transport of waste; | | (c) | minimum specified waste collection amounts; | | (d) | requirements to conduct programmes or events to educate the public on waste management and resource sustainability. |
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| (3) The Agency may, at any time, modify the conditions of a licence in accordance with this section. |
(4) Before modifying any conditions of a licence, the Agency must give notice to the licensee concerned —| (a) | stating that the Agency proposes to make the modification in the manner as specified in the notice; and | | (b) | specifying the time within which the licensee may make written representations to the Agency with respect to the proposed modification. |
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| (5) The time specified by the Agency in the notice given under subsection (4) must not be less than 14 days after the date of the notice. |
| (6) A licensee who is aggrieved by the Agency’s decision to modify a licence condition may, within 14 days after receiving notice of the Agency’s decision, appeal to the Minister. |
| (7) In this section, “modification” and “modify”, in relation to the conditions of a licence, include deleting or varying and substituting a condition, and adding a condition. |
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31.—(1) The Agency may, at any time, revoke a licence if the licensee —| (a) | provides or causes to be provided to the Agency any information (including information in connection with the application for a licence) that is false or misleading in any material particular; | | (b) | contravenes any provision of this Part; | | (c) | contravenes any condition of the licence; or | | (d) | ceases to be, in the opinion of the Agency, a fit and proper person to hold a licence. |
| (2) The Agency must, before revoking a licence under subsection (1), give the licensee a written notice of its intention to do so and an opportunity to submit reasons, within such period as the Agency may specify in that notice, as to why the licence should not be revoked. |
| (3) A licensee who is aggrieved by the Agency’s decision to revoke the licence may, within 14 days after receiving notice of the Agency’s decision, appeal to the Minister. |
(4) Any decision of the Agency to revoke a licence does not take effect until —| (a) | the expiry of the period allowed under subsection (3) for the licensee to appeal to the Minister against the decision; or | | (b) | the determination or rejection of the appeal by the Minister or his or her designate under section 45, |
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| (5) The Agency may cancel a licence at the request of the licensee. |
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32.—(1) This section applies where a licensee —| (a) | contravenes a provision of this Part, which contravention is not an offence under this Act; or | | (b) | fails to comply with any condition imposed by the Agency on the licence. |
| (2) On the occurrence of a contravention or failure to comply mentioned in subsection (1) (except one mentioned in subsection (2A)), the Agency may, in addition to or instead of taking any action under section 31(1), order the licensee to pay a financial penalty of an amount not exceeding $10,000 for each contravention or failure to comply, but not exceeding in the aggregate $50,000, by the date specified in the order. [Act 14 of 2023 wef 12/07/2024] |
| (2A) Where a licensee of a licensed scheme for beverage containers mentioned in section 23O fails to comply with a licence condition relating to minimum specified waste collection amounts, the Agency may, in addition to or instead of taking any action under section 31(1), order the licensee to pay a financial penalty of an amount not exceeding $500,000, by the date specified in the order. [Act 14 of 2023 wef 12/07/2024] |
| (3) The Agency must, before making an order under subsection (2) or (2A), give the licensee a written notice of its intention to do so and an opportunity to submit reasons, within such period as the Agency may specify in that notice, as to why the order should not be made. [Act 14 of 2023 wef 12/07/2024] |
| (4) A licensee who is aggrieved by the Agency’s decision to make an order under subsection (2) or (2A) may, within 14 days after receiving notice of the Agency’s decision, appeal to the Minister. [Act 14 of 2023 wef 12/07/2024] |
(5) Where an appeal is made to the Minister within the period mentioned in subsection (4), the order mentioned in subsection (2) or (2A) does not take effect unless —| (a) | the appeal is for any reason dismissed by the Minister; or | | (b) | the appellant withdraws the appeal. [Act 14 of 2023 wef 12/07/2024] |
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(6) The Agency must, in determining the amount of a financial penalty imposed under subsection (2) or (2A), have regard, and give such weight as the Agency considers appropriate, to all of the following matters:| (a) | the nature, gravity and duration of the non-compliance by the licensee; | | (b) | whether the licensee, as a result of the non-compliance, gained any financial benefit or avoided any financial loss; | | (c) | whether the licensee took any action to mitigate the effects and consequences of the non-compliance, and the timeliness and effectiveness of that action; | | (d) | whether the licensee had, despite the non-compliance, implemented adequate and appropriate measures for compliance with the requirements under this Part; | | (e) | whether the licensee had previously failed to comply with the provisions of this Part or any condition of the licence; | | (f) | whether the financial penalty to be imposed is proportionate and effective, having regard to achieving compliance and deterring non-compliance with the provisions of this Part or any condition of the licence; | | (g) | the likely impact of the imposition of the financial penalty on the licensee, including the ability of the licensee to continue with its usual activities; | | (h) | any other matter that may be relevant. [Act 14 of 2023 wef 12/07/2024] |
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| (7) In this section, a reference to “this Part” includes a reference to any regulations made under section 52 that apply to a person issued a licence to operate a producer responsibility scheme granted under section 29(2). [Act 14 of 2023 wef 12/07/2024] |
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| Recovery of financial penalties |
33.—(1) Any person who fails to pay a financial penalty by the date the person is required to do so under this Act is liable to pay, after that date, interest on the amount unpaid at the same rate as for a judgment debt.| (2) Any financial penalty and any interest on the financial penalty payable by any person under this Act must be paid to the Agency and is recoverable by the Agency as a debt due to the Agency from that person; and the person’s liability to pay is not affected by the person’s licence ceasing, for any reason, to be in force. |
| (3) The Agency may, in any case it thinks fit, waive, remit or refund, wholly or in part, any financial penalty or any interest on the financial penalty payable under this Act. |
| (4) All financial penalties and interest on the financial penalties collected by the Agency under this Act must be paid into the Consolidated Fund. |
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34.—(1) A licensee must keep and maintain complete and accurate records of the following, in accordance with such requirements as may be prescribed under section 52:| (a) | details of the licensee’s collection activities; | | (b) | the quantity of specified waste the licensee has sent for treatment or recycling; | | (c) | the fees charged to members of the producer responsibility scheme that the licensee operates. |
(2) A licensee must —| (a) | retain the records mentioned in subsection (1) for the prescribed period or longer; | | (b) | during the prescribed period mentioned in paragraph (a), make available for inspection by any authorised officer, the records mentioned in that subsection when so requested by any authorised officer; and | | (c) | submit to the Agency the records mentioned in subsection (1), and such other record, document or information relevant to monitoring or evaluating compliance with this Act as the Agency may require, in the time or at such frequency, specified by the Agency. |
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(3) A licensee who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and | | (b) | 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. |
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| (4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence. |
| (5) The offence under subsection (3) is a strict liability offence. |
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| Submission of annual report |
| 35. A licensee must submit an audited annual report on such matters as may be prescribed relating to the operation of the producer responsibility scheme in respect of which the licensee is licensed. |
| Disclosure of information |
36.—(1) A licensee or former licensee —| (a) | must not disclose any information received from the Agency under section 43(4)(c); and | | (b) | must make reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification or disposal, of any information received from the Agency under section 43(4)(c). |
| (2) A person who contravenes subsection (1)(a) 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 months or to both. |
| (3) In a prosecution for an offence under subsection (2), it is not necessary for the prosecution to prove that the defendant intended to commit the offence. |
| (4) The offence under subsection (2) is a strict liability offence. |
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