Smoking (Prohibition in Certain Places) (Amendment) Notification 2017

No. S 538

Smoking (Prohibition in Certain Places) Act

(CHAPTER 310)

Smoking
(Prohibition in Certain Places)
(Amendment) Notification 2017

In exercise of the powers conferred by section 3(1) of the Smoking (Prohibition in Certain Places) Act, the National Environment Agency, with the approval of the Minister for the Environment and Water Resources, makes the following Notification:

Citation and commencement

1. This Notification is the Smoking (Prohibition in Certain Places) (Amendment) Notification 2017 and comes into operation on 1 October 2017.

Amendment of paragraph 2

2. Paragraph 2 of the Smoking (Prohibition in Certain Places) Notification (N 1) (called in this Notification the principal Notification) is amended —

(a)

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

“ “child care centre” means a child care centre licensed under the Child Care Centres Act (Cap. 37A);”;

(b)

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

“ “Government school” means a school organised and conducted directly by the Government;

“Government-aided school” means a school (not being an independent school) which —

(a)	is established by a person other than the Government; and
(b)	is conducted by a committee of management in respect of a grant‑in‑aid from the Government to defray the costs and expenses of conducting the school;”;

(c)

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

“ “independent school” means a school which is specified in —

(a)	any order made under section 3(1) of the School Boards (Incorporation) Act (Cap. 284A); or
(b)	Part I of the Schedule to the Education Endowment and Savings Schemes (Edusave Pupils Fund) Regulations (Cap. 87A, Rg 1);

“Institute of Technical Education” means the Institute of Technical Education, Singapore established under section 3 of the Institute of Technical Education Act (Cap. 141A);”;

(d)

by inserting, immediately after the definition of “Jurong Town Corporation”, the following definitions:

“ “kindergarten” means a kindergarten registered under section 23 of the Education Act (Cap. 87);

“language centre” means —

(a)	any educational institution organised and conducted directly by the Government and bearing the name “Ministry of Education Language Centre”; or
(b)	the Umar Pulavar Tamil Language Centre;”;

(e)

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

“ “polytechnic” means a polytechnic established by a public Act;

“private education” has the same meaning as in the Private Education Act (Cap. 247A);

“privately-funded school” means a school specified in the Private Education (Excluded Private Education Institutions) Notification 2010 (G.N. No. S 249/2010);”;

(f)

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

“ “registered private education (degree) institution” means a registered private education institution that provides any education leading to the award of a degree;

“registered private education institution” has the same meaning as in the Private Education Act;

“registered private education (non-degree) institution” means a registered private education institution that does not provide any education leading to the award of a degree;

“relevant premises”, in relation to a registered private education (degree) institution or a registered private education (non‑degree) institution, means any building, enclosure, ground, open‑air space or other place used by the registered private education (degree) institution or the registered private education (non‑degree) institution, as the case may be, in connection with the provision of private education;

“relevant school” means any of the following:

(a)	a Government school;
(b)	a Government-aided school;
(c)	an independent school;
(d)	the Institute of Technical Education;
(e)	a language centre;
(f)	a polytechnic;
(g)	a privately-funded school;
(h)	a special education school;
(i)	a specified educational institution;
(j)	the Mountbatten Vocational School;
(k)	the Alsagoff Arabic School;
(l)	the Madrasah Al-Arabiah Al-Islamiah;
(m)	the Madrasah Al-Irsyad Al-Islamiah;
(n)	the Madrasah Aljunied Al-Islamiah;
(o)	the Madrasah Al-Ma’arif Al-Islamiah;
(p)	the Madrasah Wak Tanjong Al-Islamiah;”;

(g)

by deleting the definition of “school” and substituting the following definitions:

“ “special education school” means a school which is set out in Part II of the Schedule to the Education Endowment and Savings Schemes (Edusave Pupils Fund) Regulations;

“specified educational institution” means an educational institution set out in Part III of the Schedule to the Education Endowment and Savings Schemes (Edusave Pupils Fund) Regulations;”; and

(h)

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

“ “university” means —

(a)	the Nanyang Technological University;
(b)	the National University of Singapore;
(c)	the Singapore Management University;
(d)	the Singapore University of Technology and Design;
(e)	the Singapore Institute of Technology; or
(f)	the Singapore University of Social Sciences;”.

Amendment of First Schedule

3. The First Schedule to the principal Notification is amended —

(a)

by deleting the words “and Small Claims Tribunals” in item 16 and substituting the words “Building, the Family Justice Courts Building, and the office of the Tribunal for the Maintenance of Parents at Family Link@Lengkok Bahru”;

(b)

by deleting items 23 and 24 and substituting the following items:

“23. The following premises:

(a)	any child care centre or kindergarten (including any area within its compound), excluding any staff quarters that are residential premises;
(b)	any relevant school (including any area within its compound), excluding any staff quarters that are residential premises;
(c)	any relevant premises of a registered private education (non‑degree) institution (including any area within its compound), excluding any staff quarters that are residential premises;
(d)	any area used for commercial, industrial or recreational purposes or to which members of the public or a section of the public has or ordinarily would have access (whether on payment of a fee or otherwise) that is within a radius of 5 metres from the outer edge of the compound of any child care centre, kindergarten, relevant school or relevant premises of a registered private education (non‑degree) institution.

24. The following premises:

(a)

any area within the compound of a university (called in this item the university premises) or any area within the compound of any relevant premises of a registered private education (degree) institution, excluding —

(i)

any staff quarters that are residential premises; or

(ii)

any area designated by the manager of the university premises or the manager of the relevant premises of the registered private education (degree) institution, as the case may be, for smoking —

(A)	by demarcated boundaries on the ground;
(B)	by a display of a sign bearing the words “Designated Smoking Area”; and
(C)	by the provision of at least one receptacle suitable for the disposal of cigarette butts or any waste from smoking any other tobacco product;

(b)

any area used for commercial, industrial or recreational purposes or to which members of the public or a section of the public has or ordinarily would have access (whether on payment of a fee or otherwise) that is within a radius of 5 metres from the outer edge of the compound of a university or the relevant premises of a registered private education (degree) institution.”;

(c)

by deleting the words “items 1 to 36” in item 37 and substituting the words “items 1 to 36 (except items 23 and 24)”; and

(d)

by deleting item 43 and substituting the following item:

“43. The following amenities, facilities or areas managed by the Public Utilities Board:

(a)	any gravel track, turf area, fishing deck, seating gallery or floating platform within Bedok Reservoir Park, or any embankment along the perimeter of Bedok Reservoir;
(b)	Lower Seletar Family Bay and Fishing Jetty;
(c)	any seating gallery overlooking Punggol Reservoir;
(d)	any amenity centre, dyke, fishing jetty, shelter, turf area, or floating deck for fishing, radio control boating or boat launching, along the perimeter of Pandan Reservoir;
(e)	any boardwalk, shelter, seating gallery or turf area along the perimeter of Jurong Lake.”.

Deletion and substitution of Second Schedule

4. The Second Schedule to the principal Notification is deleted and the following Schedule substituted therefor:

“SECOND SCHEDULE

Paragraph 3(b)

1. The public service vehicles mentioned in paragraph 3(b) are as follows:

(a)	any excursion bus;
(b)	any omnibus;
(c)	any private bus;
(d)	any private hire bus;
(e)	any school bus;
(f)	any private hire car, when it is being hired under a contract (express or implied) for use as a whole with a driver for the purpose of conveying one or more passengers in that car;
(g)	any taxi;
(h)	any trishaw.

2. In this Schedule —

“bus” means a public service vehicle of a design approved by the Registrar and having a seating capacity for not less than 9 persons (excluding the driver);

“excursion bus” means any bus that is used on any unscheduled service and in which passengers are charged separate and distinct fares;

“omnibus” means any bus that is used on any scheduled service and in which passengers are charged separate and distinct fares;

“private bus” means any bus owned by any person and used exclusively for the conveyance of the employees of the person or for the conveyance of any other passenger in connection with the person’s business, where any charge made for the conveyance does not result in any profit to the person;

“private hire bus” means any bus that does not ply for hire on any road but is hired under a contract (express or implied) for use as a whole;

“private hire car” means any motor car that does not ply for hire on any road but is hired, or made available for hire, under a contract (express or implied) for use as a whole with a driver for the purpose of conveying one or more passengers in that car;

“Registrar” means the Registrar of Vehicles or the Deputy Registrar or an assistant registrar appointed under section 9 of the Road Traffic Act (Cap. 276);

“school bus” means any bus that is used for carrying children to and from any school and that is hired under a contract (express or implied), at a fixed or agreed rate or sum;

“taxi” means any motor car having a seating capacity for not more than 8 persons (including the driver), which plies for hire on any road and is hired under a contract (express or implied) for use as a whole or for the use of 2 or more persons who pay separate fares;

“trishaw” means any three-wheeled pedal cycle constructed or adapted for the carriage of any passenger.”.

[G.N. Nos. S 621/2005; S 345/2006; S 268/2007; S 706/2008; S 2/2013; S 137/2014; S 259/2016]

Made on 25 September 2017.

LIAK TENG LIT

Chairman,
National Environment Agency,
Singapore.

[NEA/LD/39/5 V. 2; AG/LEGIS/SL/310/2015/1 Vol. 2]

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