Clean Air (Amendment) Bill

Bill No. 6/1975

Read the first time on 25th February 1975.

An Act to amend the Clean Air Act, 1971 (No. 29 of 1971).

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 Clean Air (Amendment) Act, 1975, 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 Clean Air Act, 1971 (hereinafter in this Act referred to as “the principal Act”) is hereby amended —

(a)

by inserting immediately after the definition of “chimney” appearing therein the following definition: —

“ “construction sites” means any premises on or in which the construction, alteration or demolition of any building or structure is carried on;”; and

(b)

by inserting immediately after the word “premises” appearing at the end of the definition of “industrial or trade premises” therein the words “and construction sites”.

Amendment of section 5

3. Section 5 of the principal Act is hereby amended by deleting paragraph (a) thereof and substituting therefor the following: —

“(a)

requiring the occupier —

(i)	to repair, alter or replace any industrial plant, fuel burning equipment or control equipment installed in or on the scheduled premises;
(ii)	to install and operate industrial plant, fuel burning equipment or control equipment in or on the scheduled premises;
(iii)	to erect or alter the height or dimension of any chimney through which air impurities may be discharged from the scheduled premises;
(iv)	to alter the method of operation or process used in or on the scheduled premises to prevent or reduce air pollution;
(v)	to install and operate instruments and carry out tests and keep records of any such tests and any method of operation or supervision as may be required;
(vi)	to use a specified type of fuel to prevent or reduce air pollution;
(vii)	to carry out any of the requirements imposed on him under the foregoing provisions of this paragraph within such period as may be specified in such conditions;”.

Repeal and re-enactment of section 6

4. Section 6 of the principal Act is hereby repealed and the following substituted therefor: —

“Certain work on scheduled premises to have written permission

6.—(1) The occupier of any scheduled premises shall not without the written permission of the Director —

(a)	alter the method of operation of any trade, industry, process, fuel burning equipment or control equipment or industrial plant in or on the premises;
(b)	install, alter or replace any fuel burning equipment or control equipment or industrial plant in or on the premises;
(c)	erect or alter the height or dimension of any chimney through which air impurities may be emitted from the premises; or
(d)	use any fuel other than the type of fuel specified by the Director.

(2) An application for permission under subsection (1) of this section shall contain details of the proposed installation, alteration, replacement or erection.

(3) The Director may —

(a)	require an applicant to furnish such information as the Director may consider necessary;
(b)	grant permission in respect of the application either subject to conditions or unconditionally, or refuse to grant permission if he is of the opinion that the occupier is likely to cause or increase air pollution from such premises or increase air pollution in the area; and
(c)	at any time vary whether by way of addition or substitution the conditions attached to any permission.”.

Amendment of section 11

5. Section 11 of the principal Act is hereby amended by deleting subsection (1) thereof and substituting therefor the following: —

“(1) Where in the opinion of the Director any air impurities are being or are likely to be emitted from any industrial or trade premises, the Director may in writing require the occupier of the premises to —

(a)	install and operate any industrial plant, control equipment or additional control equipment, in or on the premises;
(b)	repair, alter, or replace any industrial plant, fuel burning equipment or control equipment installed in or on the premises;
(c)	erect or alter the height or dimension of any chimney through which air impurities may be discharged from the premises;
(d)	alter the method of operation or process used in or on the premises to prevent or reduce air pollution;
(e)	use a specified type of fuel to prevent or reduce air pollution;
(f)	dismantle or disconnect any industrial plant, fuel burning equipment, control equipment or chimney installed in or on the premises;
(g)	install and operate such instruments and carry out tests and keep records of any such tests and any method of operation or supervision as may be required,

within such time and in such manner as may be specified in the notice.”.

Amendment of section 15

6. Section 15 of the principal Act is hereby amended —

(a)

by renumbering the section as subsection (1) thereof; and

(b)

by inserting immediately thereafter the following subsections: —

“(2) Any person who contravenes or fails to comply with an order made under subsection (1) of this section shall be guilty of an offence under this Act.

(3) If in any proceedings for a contravention or non-compliance of an order made under subsection (1) of this section it is shown that any combustible material, fuel burning equipment or industrial plant was found or that the burning of any material was done in or on any premises, it shall be presumed unless the contrary is proved that —

(a)	the combustible material, fuel burning equipment or industrial plant was used; or
(b)	the burning of any material was done,

by the occupier of such premises.”.

New section 23A

7. The principal Act is hereby amended by inserting immediately after section 23 thereof the following section: —

“Jurisdiction of District and Magistrate’s Courts

23A. Notwithstanding anything to the contrary contained in the Criminal Procedure Code, a District Court or Magistrate’s Court shall have jurisdiction to try any offence under this Act (Cap. 113) or any regulations made thereunder and to impose the full penalty or punishment in respect of any such offence.”.

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