Control of Plants (Cultivation of Plants) (Licensing and Certification) (Amendment No. 2) Rules 2004

No. S 296

Control of Plants Act

Chapter 57A

Control of Plants (Cultivation of Plants) (Licensing and Certification) (Amendment No. 2) Rules 2004

In exercise of the powers conferred by section 49 of the Control of Plants Act, the Minister for National Development hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Control of Plants (Cultivation of Plants) (Licensing and Certification) (Amendment No. 2) Rules 2004 and shall come into operation on 1st June 2004.

New rule 3A

2. Part II of the Control of Plants (Cultivation of Plants) (Licensing and Certification) Rules (R 2) (referred to in these Rules as the principal Rules) is amended by inserting, immediately above rule 4, the following rule:

“Keeping or maintenance of farm

3A. No person shall keep or maintain a farm except in accordance with a valid licence issued by the Director-General under section 31 of the Act and in accordance with the conditions, if any, of that licence.”.

Deletion and substitution of rule 5

3. Rule 5 of the principal Rules is deleted and the following rule substituted therefor:

“Application for and issue or renewal of licence

5.—(1) In determining whether to issue or refuse to issue a licence to an applicant, the Director-General may consider the suitability of the land or premises to be licensed for use as a farm.

(2) For the purposes of paragraph (1), the Director-General may, at any time —

(a)	enter and inspect the land or premises in respect of which the application for a licence is made, or cause such land or premises to be inspected by an authorised officer;
(b)	require the applicant to make available any relevant documentation for inspection and copying; and
(c)	require the applicant, at his own expense, to make such alteration or improvement to such land or premises or to provide, fix or install such facilities or structures as the Director-General may specify.

(3) The Director-General may refuse to issue a licence to an applicant if —

(a)

the applicant or one of his partners or, if the applicant is a body corporate, one of its directors —

(i)	had previously been convicted of an offence under the Act; or
(ii)	had previously held a licence issued under the Act and the licence or permit, as the case may be, was subsequently revoked or suspended under section 32 of the Act; or

(b)

in the opinion of the Director-General —

(i)	the applicant is not a fit and proper person to be granted a licence; or
(ii)	the land or premises in respect of which the licence is being applied for is or are not suitable for use as a farm.

(4) Paragraphs (1), (2) and (3) shall apply, with the necessary modifications, to an application for the renewal of a licence.”.

Deletion of rule 7

4. Rule 7 of the principal Rules is deleted.

New rules 11A and 11B

5. The principal Rules are amended by inserting, immediately after rule 11, the following rules:

“Power to waive or refund fees

11A. Subject to rule 8(5), the Director-General may, if he thinks fit, waive or refund the whole or any part of the licence fee payable under these Rules.

Directives

11B.—(1) The Director-General may, at any time, issue to any licensee such written directives as he thinks necessary for the proper management and operation of a farm.

(2) Where a licence is revoked or suspended under section 32 of the Act, the Director-General may issue to the person whose licence was revoked or suspended such written directives as he thinks necessary for the proper care and handling of the plants in the farm to which the licence relates.

(3) Every licensee or person to whom any written directive is issued by the Director-General under paragraph (1) or (2) shall comply with such written directive.”.

Amendment of rule 13

6. Rule 13 of the principal Rules is amended by inserting, immediately after paragraph (2), the following paragraph:

“(3) Any applicant who does not successfully complete any test referred to in paragraph (1)(b) may apply to the Director-General for a re-test and the date of the re-test shall be decided by the Director-General.”.

Deletion and substitution of rule 18

7. Rule 18 of the principal Rules is deleted and the following rule substituted therefor:

“Disposal of pesticide and waste material

18.—(1) Every licensee shall ensure that any pesticide and waste material arising from the cultivation of plants on his farm is properly disposed of in accordance with —

(a)	the requirements specified in the Second Schedule; and
(b)	such directions as the Director-General may give from time to time.

(2) Where any licensee or pesticide operator has disposed of any pesticide or pesticide container under rule 23(1)(fa), the licensee or pesticide operator, as the case may be, shall furnish to the Director-General, within a period of 7 days of the disposal, a letter from a chemical disposal company acknowledging the receipt and disposal of the pesticide.”.

Amendment of rule 19

8. Rule 19 of the principal Rules is amended —

(a)

by inserting, immediately after the words “cultivation of plants” in paragraph (1), the words “or kept or stored on any farm”; and

(b)

by deleting the rule heading and substituting the following rule heading:

“Use and storage of pesticide”.

Amendment of rule 20

9. Rule 20(1) of the principal Rules is amended by inserting, immediately after the words “stored in the farm” in sub-paragraph (d), the words “, or disposed of,”.

Amendment of rule 23

10. Rule 23 of the principal Rules is amended —

(a)

by deleting the words “applied or used” in paragraph (1)(b) and substituting the words “applied, kept, stored or used”; and

(b)

by deleting the word “and” at the end of sub-paragraph (f) of paragraph (1), and by inserting immediately thereafter the following sub-paragraph:

“(c)	require any licensee or pesticide operator to dispose of, in accordance with the requirements specified in the Second Schedule, any pesticide or pesticide container that is found on the farm; and”.

Deletion and substitution of rule 25

11. Rule 25 of the principal Rules is deleted and the following rule substituted therefor:

“Offences

25. Any person who contravenes rule 3A, 9, 11(1), 11B(3), 18(1) or (2), 19(1) or (2), 20(1) or (2), 21 or 22(3)(b) shall be guilty of an offence.”.

Amendment of Second Schedule

12. The Second Schedule to the principal Rules is amended —

(a)

by inserting, immediately after the word “STORAGE” in the Schedule heading, the words “AND DISPOSAL”;

(b)

by inserting, immediately after paragraph (3) of item 2, the following paragraph:

“(4) The disposal of any container used to contain any pesticide shall be carried out by a chemical disposal company approved by the Director-General.”; and

(c)

by inserting, immediately after item 2, the following item:

“3. Requirements for the disposal of pesticide

No pesticide, including unused or unfinished concentrates or spray solutions, shall be discharged directly into any watercourse, watersource or drain, or in a manner that may contaminate the environment or pose a hazard to livestock, wildlife or human health.

The disposal of any pesticide shall be carried out by a chemical disposal company approved by the Director-General.”.

Miscellaneous amendments

13. The principal Rules are amended —

(a)

by deleting the word “Government” in rule 27 and substituting the word “Authority”; and

(b)

by deleting the word “Director” wherever it appears in the following provisions and substituting in each case the word “Director-General”:

Rules 2 (definitions of “licence” and “pesticide operator’s certificate”), 8(1) to (5), 9, 11(1) and (2), 12, 13(1) and (2) and rule heading, 14(1) to (4), 19(1) and (2), 20(1)(a) and (g) and (2), 22(7) and 27 and rule 1(1) and (2) of the Second Schedule.

[G.N. Nos. S 90/2000; S 151/2004]

Made this 17th day of May 2004.

TAN TEE HOW

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 202/1-41 Vol. 30; AG/LEG/SL/57A/2003/1 Vol. 1]

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