Water Pollution Control and Drainage (Amendment) Bill

Bill No. 11/1983

Read the first time on 30th August 1983.

An Act to amend the Water Pollution Control and Drainage Act, 1975 (No. 29 of 1975).

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

Short title

1. This Act may be cited as the Water Pollution Control and Drainage (Amendment) Act 1983.

Repeal and re-enactment of section 14

2. Section 14 of the Water Pollution Control and Drainage Act, 1975 (referred to in this Act as the principal Act) is repealed and the following sections substituted therefor:

“Conservation, quality and use of inland water

14.—(1) The Minister may make such regulations as he considers necessary or desirable with respect to —

(a)	the conservation, quality and use of inland water; and
(b)	the enhancement and preservation of amenity in connection with inland water.

(2) In this section, “inland water” includes any river, stream, reservoir, lake or pond, whether natural or artificial.

Penalties for discharging toxic substances into inland water

14A.—(1) Every person who discharges or causes or permits to be discharged any toxic substance into any inland water so as to be likely to give rise to an environmental hazard shall be guilty of an offence and shall be liable on conviction —

(a)	for a first offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and
(b)	for a second or subsequent offence, to imprisonment for a term of not less than one month and not more than one year and in addition to a fine not exceeding $20,000.

(2) Where a person carrying on any trade or business has been convicted of a third offence under this section for the discharge of, or for causing or permitting the discharge of, any toxic substance which is produced by any process or work in connection with that trade or business, the Minister may by order direct that person to cease forthwith to carry on that process or work either indefinitely or for any such period as may be specified in the order; and if that person fails to comply with any such order the Director may take such steps or measures as are necessary to ensure that the order is complied with and shall be entitled to recover from that person the costs and expenses incurred by the Director.

(3) In this section —

“inland water” has the same meaning as in section 14;

“toxic substance” means any trade effluent, chemical, oil or any other substance which is noxious, injurious or polluting.

(4) For the purposes of this section —

(a)	a person shall be deemed to have discharged toxic substance into any inland water if he places the substance or causes it to be placed in a position where it is liable to fall or descend or be washed or to percolate or be blown into the water;
(b)	the discharge of a toxic substance shall be deemed to give rise to an environmental hazard if the substance has been discharged or placed in such a manner or in such quantity (whether by itself or with any other substance) as to subject persons or animals to a material risk of death, injury or impairment of health or as to threaten the pollution (whether on the surface or underground) of any inland water; and
(c)	the fact that the toxic substance is placed in containers shall not of itself be taken to exclude any environmental hazard which might be expected to arise if the substance were not in containers.

(5) No prosecution shall be instituted under this section without the written consent of the Public Prosecutor.”.

New sections 65A and 65B

3. The principal Act is amended by inserting, immediately after section 65, the following sections:

“Offence by body corporate

65A. Where a body corporate is guilty of an offence under this Act, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Jurisdiction of courts

65B. A District Court or a Magistrate’s Court shall have jurisdiction to hear and determine all proceedings under this Act and shall, notwithstanding anything to the contrary contained in the Criminal Procedure Code (Cap. 113), have power to impose the full punishment in respect of any offence under this Act.”.

Amendment of section 68

4. Section 68 of the principal Act is amended by deleting subsection (3) and substituting the following subsection:

“(3) The Minister may in making any regulations provide that any contravention of or failure to comply with the regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 6 months or with both; and in the case of a continuing offence, with a fine not exceeding $100 for every day during which the offence is continued after conviction.”.

Amendment of First Schedule

5. The First Schedule to the principal Act is amended by inserting, immediately after paragraph 8, the following paragraph:

“8A. The control, by licensing or otherwise, of the storage, removal and disposal of toxic trade waste and trade effluent.”.

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