Environmental Public Health (Amendment) Act 1995

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 5]

Friday, February 2

[1996

The following Act was passed by Parliament on 5th December 1995 and assented to by the President on 10th January 1996:—

Environmental Public Health (Amendment) Act 1995

(No. 2 of 1996)

I assent.

ONG TENG CHEONG,

President.

10th January 1996.

Date of Commencement: 2nd February 1996

An Act to amend the Environment Public Health Act (Chapter 95 of the 1988 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Environmental Public Health (Amendment) Act 1995 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Environment Public Health Act (referred to in this Act as the principal Act) is amended —

(a)

by inserting, immediately after the definition of “Commissioner”, the following definition:

“ “dangerous substance” means —

(a)	aquafortis, vitriol, naphtha benzine, gunpowder, lucifer matches, nitroglycerine and petroleum;
(b)	any explosive within the meaning of the Arms and Explosives Act; [Cap 13.]
(c)	any radioactive material within the meaning of the Radiation Protection Act; [Cap 262.]
(d)	any substance which owing to its nature, composition or quantity constitutes a danger to property or human life or health; and
(e)	such other substance which the Minister may, by notification in the Gazette, declare to be dangerous substance for the purpose of this Act;”.

(b)

by inserting, immediately after the word “waste” at the end of the definition of “industrial waste”, the words “and any dangerous substance”;

(c)

by deleting the definition of “market” and substituting the following definition:

“ “market” means any place used for the sale of any meat, fish, fruit, vegetable, poultry, egg or other article of food, whether cooked or uncooked, for human consumption, and includes any premises therein used for the sale of goods or in any way used in conjunction or connection therewith or appurtenant thereto;”.

(d)

by inserting, immediately after the definition of “occupier”, the following definition:

“ “operator”, in relation to a public service vehicle, means the owner, ticket conductor, driver, ticket inspector or person who is in charge or in control of the public service vehicle;”;

(e)

by deleting the definition of “public health officer” and substituting the following definition:

“ “public health officer” means any environment health officer or vector control officer, and includes any senior public health overseer or public health overseer in the service of the Government;”;

(f)

by inserting, immediately after the definition of “public place”, the following definition:

“ “public service vehicle” has the same meaning as in the Road Traffic Act [Cap. 276];”;

(g)

by inserting, immediately after the definition of “public street”, the following definition:

“ “public waste collector licensee” means a person designated by the Commissioner under section 31(3);”;

(h)

by deleting the definition of “stall” and substituting the following definition:

“ “stall” means any table, shed, showboard, vehicle or receptacle or any other means used or intended to be used for the purpose of selling food or goods of any kind and includes any structure affixed thereto by way of roof, support or flooring;”; and

(i)

by inserting, immediately after the definition of “waste”, the following definitions:

“ “waste collector licensee” means any person who is licensed under section 31 to collect and remove refuse and waste;

“waste disposal licensee” means any person who is licensed under section 23 to construct, establish, maintain or operate any disposal facility;”.

Amendment of section 8

3. Section 8 of the principal Act is amended —

(a)

by deleting the words “and Nightsoil” in the sub-heading above the section;

(b)

by deleting the word “nightsoil,” in the forth line of subsection (1); and

(c)

by deleting subsection (2) and substituting the following subsection:

“(2) In any area to which a system for the collection and removal of refuse an waste is applied under subsection (1) —

(a)	no person other than a waste collector licensee whose specified area in its licence includes premises in the area shall collect or remove any refuse or waste; and
(b)	every occupier of such premises as the Commissioner may designate in the area shall use the service of collecting and removing refuse or waste provided by a public waste collector licensee whose specified area in its licence includes those designated premises.”.

Repeal of section 13

4. Section 13 of the principal Act is repealed.

Amendment of section 17

5. Section 17 (2) of the principal Act is amended by deleting the word “public”.

Amendment of section 18

6. Section 18 (1) of the principal Act is amended by deleting the word “mucous” in paragraph (g) and substituting the word “mucus”.

Amendment of section 20

7. Section 20 of the principal Act is amended —

(a)

by deleting the words “or throws” in the first line of subsection (1) and substituting the words “, throws, dumps or dispose of”;

(b)

by deleting subsection (4) and substituting the following subsection:

“(4) Where it is proved to the satisfaction of a court that a vehicle seized under subsection (3) has been used in the commission of an offence of disposing or dumping of refuse, waste or any other article in any public place under subsection (1), the court may on the written application of the Public Prosecutor or the owner of the vehicle, make an order for —

(a)	the forfeiture of the vehicle, notwithstanding that no person may have been convicted of that offence; or
(b)	the release of the vehicle if it thinks fit.”;

(c)

by deleting the words “that subsection” in the second and third lines of subsection (6) and substituting the words “subsection (3)”; and

(d)

by deleting subsection (8) and substituting the following subsection:

“(8) The Magistrate shall, on receipt of an information under subsection (7) or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter and may —

(a)	on proof that the vehicle was used in the commission of an offence of disposing or dumping of refuse, waste or any other article in any public place under subsection (1), order the vehicle to be forfeited; or
(b)	in the absence of such proof or if he thinks fit, order the vehicle to be released.”.

Amendment of section 21

8. Section 21 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:

“(1) Any person who commits an offence under section 18, 19 or 20 may be arrested without warrant by any police officer, public health officer or public officer authorised in writing in that behalf by the Commissioner and taken before a Magistrate’s Court or a District Court, as the case may be, and shall on conviction —

(a)

in the case of an offence of disposing or dumping of refuse, waste or any other article in any public place under section 20(1), be liable 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 second or subsequent conviction, to a fine not exceeding $20,000 and to imprisonment for a term not less than one month and not more than 12 months; and

(b)

in the case of any other offence, be liable to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000.”.

Repeal and re-enactment of section 23

9. Section 23 of the principal Act is repealed and the following section substituted therefor:

“No disposal facility to be constructed, etc., without licence

23.—(1) No person shall construct, establish, maintain or operate any disposal facility without a waste disposal licence granted by the Commissioner under this section.

(2) The Commissioner may grant a licence authorising any person to construct, establish, maintain or operate any disposal facility.

(3) A licence may be granted under this section following a public tender or in such other manner as the Commissioner thinks fit.

(4) Except as otherwise prescribed under section 100(5), the Commissioner may require any waste disposal licensee to render a payment on the grant of a licence under this section such periodic payments during the currency of the licence or both of such amount or amounts as the Commissioner may determine by or under the licence.

(5) Without prejudice to the generality of section 100(1), conditions attached to a licence granted under this section may include —

(a)	a condition requiring the licensee to comply with such standard of service and level of performance as the Commissioner may specify;
(b)	the right of the Commissioner in the public interest to make modifications to any condition of the licence or add new conditions during the period to which the licence relates;
(c)	a condition regulating the charge to be levied by the licensee for the provision of the waste disposal facility; and
(d)	a condition requiring the licensee not to accept any waste which in the opinion of the Commissioner is not suitable for disposal.

(6) The Commissioner may by notice in writing require any owner or occupier of any work place to construct, establish, maintain or operate any disposal facility.

(7) Any person using, working or operating a disposal facility shall use, work or operate such facility in such manner as the Commissioner may require.

(8) Any 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 12 months or to both.

(9) If in any proceedings for a contravention of subsection (1) it is shown that any premises are being used as a disposal facility, it shall be presumed, until the contrary is proved, that the occupier of the premises has constructed, established, maintained or operated the disposal facility.”.

Amendment of section 24

10. Section 24 of the principal Act is amended by deleting subsection (1) and substituting the following subsections:

“(1) No person shall dispose of or cause or permit to be disposed of industrial waste in or at any place except in or at a public disposal facility or a disposal facility established pursuant to a licence granted by the Commissioner under section 23(1).

(1A) Any 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 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 and to imprisonment for a term of not less than one month and not more than 12 months.”.

Amendment of section 28

11. Section 28 of the principal Act is amended by deleting the word “public” in the fourth line.

Repeal and re-enactment of section 29

12. Section 29 of the principal Act is repealed and the following section substituted therefor:

“Dangerous substance or toxic waste not to be brought to disposal facility without permission

29.—(1) No person who owns or is in possession of any dangerous substance or toxic industrial waste or the residue from the treatment thereof shall bring or cause to be brought such substance or waste to any disposal facility for disposal without the written permission of the Commissioner.

(2) An application for the written permission referred to in subsection (1) shall be made to the Commissioner giving details of the nature and composition of the dangerous substance or toxic industrial waste and the residue thereof.

(3) In granting the permission under subsection (1), the Commissioner may, by notice in writing, require the owner or the person in possession of the dangerous substance or toxic industrial waste to treat such substance or waste at his own expense before it is brought to any disposal facility for disposal.

(4) Any 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 12 months or to both.

(5) Any waste disposal licensee who knowingly allows any dangerous substance or any toxic industrial waste or the residue from the treatment thereof to be disposed of at the disposal facility in contravention of 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 12 months or to both.”.

Repeal and re-enactment of section 31

13. Section 31 of the principal Act is repealed and the following section substituted therefor:

“Licensing of persons carrying on business of collecting, removing, etc., of refuse or waste

31.—(1) No person shall carry on the business of collecting, removing, transporting, storing or importing refuse or waste of any description without a waste collector licence granted by the Commissioner under this section.

(2) The Commissioner may grant a licence authorising any person to carry on the business of collecting, removing, transporting, storing or importing refuse or waste of any description.

(3) The Commissioner may designate any person who has been granted a licence under this section as a public waste collector licensee.

(4) A licence may be granted under this section following a public tender or in such other manner as the Commissioner thinks fit.

(5) Except as otherwise prescribed under section 100(5), the Commissioner may require any licensee to render a payment on the grant of a licence under this section or such periodic payments during the currency of the licence or both of such amount or amounts as the Commissioner may determine by or under the licence.

(6) Without prejudice to the generality of section 100(1), conditions attached to a licence granted under this section may include —

(a)	a condition requiring the licensee to comply with such standard of service and level of performance as the Commissioner may specify;
(b)	a condition restricting, in a manner specified in the licence, the provision by the licensee of the service of collecting and removing refuse or waste to premises which are of a class or description so specified and to the area so specified;
(c)	the right of the Commissioner in the public interest to make modifications to any condition of the licence or add new conditions during the period to which the licence relates; and
(d)	a condition regulating the charge to be levied by the licensee for the provision of the service of collecting and removing refuse or waste.

(7) Any person who collects or transports refuse or waste of any description shall ensure that the refuse or waste or liquid from such refuse or waste is not dropped, scattered or spilled onto any public place.

(9) Any licence granted under the repealed section 31 and valid immediately before the commencement of the Environmental Public Health (Amendment) Act 1995 shall, subject to such additional conditions a the Commissioner may impose, continue to be valid until the expiry of its term unless sooner revoked by the Commissioner.”.

Repeal of Part VIII

14. Part VIII of the principal Act is repealed.

Amendment of section 92

15. Section 92 of the principal Act is amended by inserting, immediately after subsection (3), the following subsection:

“(4) Any summons, notice, order or document required or authorised by this Act or any regulations made thereunder to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.”.

Amendment of section 100

16. Section 100 (1) of the principal Act is amended by inserting, immediately after the words “subject to” in the sixth and seventh lines, the words “the payment of a fine of such amount not exceeding $5,000 as the Commissioner thinks fit and to”.

Amendment of section 110A

17. Section 110A of the principal Act is amended —

(a)

by deleting the word “or” at the end of paragraph (b); and

(b)

by deleting the comma at the end of paragraph (c) and substituting the word “; or” and by inserting immediately thereafter the following paragraph:

“(d)	any operator of a public service vehicle,”.

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