Environmental Public Health (Amendment) Bill

Bill No. 11/1999

Read the first time on 8th March 1999.

An Act to amend the Environmental 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 1999 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 Environmental 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:

“ “construction site” means any premises on which works of the following description are being or are going to be carried out:

(a)	the erection, construction, alteration, repair or maintenance of buildings, structures or roads;
(b)	the breaking up or opening of, or boring under, any road or adjacent land in connection with the construction, inspection, maintenance or removal of works;
(c)	demolition or dredging works; or
(d)	any other work of engineering construction;”;

(b)

by inserting, immediately after the word “includes” in the 1st line of the definition of “disposal facility”, the words “a recycling facility,”; and

(c)

by inserting, immediately after the definition of “public waste collector licensee”, the following definition:

“ “recycling facility” means any premises used for the sorting, segregation, processing or treatment of refuse, waste or any other material or thing for the primary purpose of recycling or reuse;”.

Amendment of section 18

3. Section 18(1) of the principal Act is amended —

(a)

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

(b)

by inserting, immediately after the word “spit” in paragraph (g), the words “any substance”; and

(c)

by deleting the full-stop at the end of paragraph (g) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:

“(h)	discard or abandon in any public place any motor vehicle whose registration has been cancelled under section 27 of the Road Traffic Act (Cap. 276), any furniture or any other bulky article.”.

Repeal and re-enactment of section 20 and new section 20A

4. Section 20 of the principal Act is repealed and the following sections substituted therefor:

“Prohibition against dropping, scattering, etc., certain substances in public place

20.—(1) Any person who —

(a)	drops, scatters, spills or throws any noxious liquid, dirt, sand, earth, gravel, clay, loam, manure, refuse, sawdust, shavings, stone, straw or any other similar matter or thing; or
(b)	causes or permits any noxious liquid, dirt, sand, earth, gravel, clay, loam, manure, refuse, sawdust, shavings, stone, straw or any other similar matter or thing to be dropped, scattered, spilled or thrown,

in any public place (whether from a moving or stationary vehicle or in any other manner) shall be guilty of an offence.

(2) The Commissioner may, by notice in writing, require any person carrying out any construction or earth works to provide or construct any device or facilities as the Commissioner may think fit for the removal of dirt, earth, sand or other particles from any vehicle used in connection with the construction or earth works.

(3) For the purposes of subsection (1) —

(a)

where the matter or thing is dropped, scattered, spilt or thrown from a vehicle, the driver or person having charge or control of the vehicle shall be deemed to have committed the offence, unless the offence is committed by a person other than the driver or person having charge or control of the vehicle and the identity of the person who committed the offence can be established; and

(b)

where the driver of a motor vehicle is alleged or is suspected to be guilty of the offence under this section —

(i)

the owner of the motor vehicle shall give such information as he may be required to give by a police officer, public health officer or by a public officer authorised in writing in that behalf by the Commissioner as to the identity and address of the person who was driving the motor vehicle at or about the time of the alleged offence and such other information as the police officer, public health officer or public officer may require; and

(ii)

any other person who was or should have been in charge or in control of the motor vehicle shall, if so required, give any information which it is in his power to give, and which may lead to the identification of the driver.

(4) Any person who fails to comply with subsection (3)(b)(i) or (ii) within 14 days of the date on which the information was required from him shall be guilty of an offence unless he proves to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained the information required.

Prohibition against dumping and disposing

20A.—(1) Any person who —

(a)	dumps or disposes of any refuse, waste or any other article from a vehicle in a public place; or
(b)	uses a vehicle for the purpose of dumping or disposing of any refuse, waste or any other article in a public place,

shall be guilty of an offence.

(2) Any vehicle used in dumping or disposing of refuse, waste or any other article in any public place (other than a disposal facility established with a licence granted by the Commissioner under section 23(1) or a public disposal facility) may be seized by any police officer, or any public health officer authorised in writing in that behalf by the Commissioner, and removed to and detained in any police station or Government depot or other place as may be approved by the Commissioner at the risk of the owner for the purposes of proceedings under this Act.

(3) Where, upon an application by the Public Prosecutor, it is proved to the satisfaction of a court that a vehicle seized under subsection (2) has been used in the commission of an offence of dumping or disposing of refuse, waste or any other article in any public place under subsection (1), the court shall make an order for the forfeiture of the vehicle, notwithstanding that no person may have been convicted of that offence.

(4) An order for the forfeiture of a vehicle under subsection (3) may be made by the court before which the prosecution with regard to an offence under subsection (1) has been or will be held.

(5) If there is no prosecution with regard to an offence under subsection (1) —

(a)	the vehicle seized under subsection (2) shall be forfeited at the expiry of 3 months from the date of the seizure unless a claim thereto is made before that date; and
(b)	any person asserting that he is the owner of such vehicle may personally, or by his agent authorised in writing, give written notice to the Commissioner that he claims the vehicle.

(6) Upon receipt of a notice under subsection (5), the Commissioner may direct that the vehicle be released or may refer the matter by information to a Magistrate.

(7) The Magistrate shall, on receipt of an information under subsection (6), hold an inquiry and proceed to determine the matter and shall —

(a)	on proof that the vehicle was used in the commission of an offence of dumping or disposing 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, order the vehicle to be released.

(8) No person shall, in any proceedings in any court in respect of the seizure of any vehicle seized in exercise or the purported exercise of any power conferred under subsection (2), be entitled to the costs of such proceedings or to any damages or other relief, other than an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause.”.

Amendment of section 21

5. 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, 20 or 20A 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 be liable on conviction —

(a)

in the case of an offence under section 20A(1), to a fine not exceeding $50,000 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 $100,000 and to imprisonment for a term of not less than one month and not more than 12 months;

(b)

in the case of an offence under section 18(1)(h), to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and

(c)

in the case of any other offence, to a fine not exceeding —

(i)	in the case of a first conviction, $1,000;
(ii)	in the case of a second conviction, $2,000; and
(iii)	in the case of a third and subsequent conviction, $5,000.”.

Amendment of section 21A

6. Section 21A of the principal Act is amended —

(a)	by inserting, immediately after the words “in lieu of” in the 9th and 10th lines of subsection (1), the words “or in addition to”; and
(b)	by deleting the words “3 hours” in subsection (2) and substituting the words “12 hours”.

Amendment of section 21B

7. Section 21B of the principal Act is amended by deleting subsection (3) and substituting the following subsection:

“(3) A supervision officer shall not require an offender to work under one or more corrective work orders for a continuous period exceeding 3 hours in a day.”.

Amendment of section 23

8. Section 23(8) of the principal Act is amended —

(a)	by deleting “$10,000” in the 4th line and substituting “$50,000”; and
(b)	by inserting, immediately after the word “both” at the end thereof, the words “and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both”.

Amendment of section 45

9. Section 45 of the principal Act is amended by inserting, immediately after subsection (8), the following subsection:

“(9) Any person who fails to comply with a nuisance order served on him 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 thereof 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 thereof during which the offence continues after conviction.”.

New section 65

10. The principal Act is amended by inserting, immediately after section 64, the following section:

“Appointment of Environmental Control Officer in construction site

65.—(1) This section shall apply to such class or description of construction sites as the Minister may, by order published in the Gazette, specify.

(2) The occupier of any construction site to which this section applies shall employ a competent person to act as an Environmental Control Officer in the construction site.

(3) The Environmental Control Officer employed under this section shall be employed on a full-time or part-time basis, as may be specified in the order under subsection (1), for the purpose of exercising general supervision within the construction sites of the observance of the provisions of this Act, the Control of Vectors and Pesticides Act 1998 (Act 24 of 1998), the Environmental Pollution Control Act 1999 (Act 9 of 1999) and the Sewerage and Drainage Act 1999 (Act 10 of 1999), and any regulations made thereunder.

(4) The Environmental Control Officer shall possess such qualifications or have received such training as the Minister may from time to time, by notification in the Gazette, prescribe.”.

Amendment of section 82

11. Section 82(1) of the principal Act is amended —

(a)

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

(b)

by deleting the full-stop at the end of paragraph (c) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:

“(d)	by the Commissioner for the purpose of using the place where the corpse is buried for the burial of another corpse.”.

Amendment of section 94

12. Section 94(1) of the principal Act is amended by deleting “$2,000” in the last line and substituting “$5,000”.

Amendment of section 100

13. Section 100 of the principal Act is amended —

(a)

by inserting, immediately after subsection (2), the following subsections:

“(2A) The Commissioner may, before granting or renewing any licence, require the applicant to give security, either in the form of a cash deposit or by entering into a bond, that the provisions of this Act and of the conditions of the licence will be duly observed.

(2B) Where an applicant is required to enter into a bond, the Commissioner may require not more than 2 sureties to enter into the bond with the applicant.

(2C) Any sum deposited or bond entered into under this section shall be liable to forfeiture in whole or in part at the discretion of the Commissioner on cancellation of the licence.”; and

(b)

by inserting, immediately after the word “licence” in the 4th line of subsection (9), the words “or by the forfeiture of any sum deposited or bond entered into under this section”.

New section 102A

14. The principal Act is amended by inserting, immediately after section 102, the following section:

“Power of investigating offences under sections 20A and 23

102A.—(1) For the purpose of investigating any offence under section 20A or 23, the Commissioner or any public officer authorised in writing in that behalf by the Commissioner may —

(a)	examine orally any person supposed to be acquainted with the facts and circumstances of the case, and to reduce to writing any statement made by the person so examined; and
(b)	require by order in writing the attendance before himself of any person who, from information given or otherwise, appears to be acquainted with the facts and circumstances concerning the case and that person shall attend as so required.

(2) The person mentioned in subsection (1)(a) shall be bound to state truly the facts and circumstances with which he is acquainted concerning the case except only that he may decline to make with regard to any fact or circumstance a statement which would have a tendency to expose him to a criminal charge or to penalty or forfeiture.

(3) A statement made under this section by any person shall be read over to him and shall, after correction, if necessary, be signed by him.

(4) If any person fails to attend as required by an order under subsection (1)(b), the Commissioner or any public officer authorised in writing in that behalf may report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order.”.

Amendment of section 108

15. Section 108 of the principal Act is amended by deleting “$2,000” in the 4th line and “$4,000” in the 6th line and substituting “$5,000” and “$10,000”, respectively.

Amendment of section 109

16. Section 109(1) of the principal Act is amended by inserting, immediately after “$500” in the last line, the words “in the case of an offence punishable on conviction with a fine not exceeding $5,000 (whether with or without imprisonment); or a sum of money not exceeding $5,000 in the case of an offence punishable on conviction with a fine exceeding $5,000 (whether with or without imprisonment)”.

Repeal and re-enactment of section 110A

17. Section 110A of the principal Act is repealed and the following section substituted therefor:

“Persons who may be authorised to exercise powers of Commissioner

110A. The Commissioner may, with the approval of the Minister in writing in that behalf, authorise any person set out in the first column of the Fifth Schedule to exercise all or any of the powers under this Act and any regulations made thereunder that are set out in the second column of that Schedule, subject to such conditions or limitations as the Commissioner may specify.”.

Amendment of section 114

18. Section 114(3) of the principal Act is amended by deleting “$2,000” in the 6th line and “$100” in the 7th line and substituting “$10,000” and “$500”, respectively.

New Fifth Schedule

19. The principal Act is amended by inserting, immediately after the Fourth Schedule, the following Schedule:

“FIFTH SCHEDULE

Private Persons Who Can be Authorised
to Exercise Powers under the Act
OR REGULATIONS and powers IN RESPECT OF
Which Persons May Act

First column

Second column

Private persons who may be authorised to exercise powers under the Act and regulations made thereunder

Powers under the Act and regulations which the person may be authorised to exercise

(1)	Any member or employee of a Town Council established under the Town Councils Act (Cap. 329A)

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Powers of a public health officer under —

(a)	section 21 of the Act; and

(b)	sections 102 and 104 of the Act in relation to any offence under section 18 of the Act and regulation 15(1) of the Environmental Public Health (Public Cleansing) Regulations (Rg 3).

(2)	Any member of any committee of a Town Council

(3)	Any employee of an agent of a Town Council

(4)	Any operator of a public service vehicle

Powers of a public health officer under —

(a)	section 21 of the Act; and

(b)	sections 102 and 104 of the Act in relation to any offence under section 18 of the Act

(5)	Any employee of PSA Corporation Limited

Powers of a public health officer under —

(a)	sections 21 and 42 of the Act;

(b)	section 102 of the Act in relation to any offence under section 18, 19 or 20 of the Act, Part IV of the Act or to any offence under regulations 4, 8(2), 9, 14, 15(1) or (3), 25, 26(1)(a) and (b) of the Environmental Public Health (Public Cleansing) Regulations (Rg 3); and

(c)	section 104 of the Act in relation to any offence under regulations 4, 8(2), 9, 14, 15(1) or (3), 25, 26(1)(a) and (b) of the Environmental Public Health (Public Cleansing) Regulations (Rg 3).

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