PART IVA
WATER EFFICIENCY MANAGEMENT PRACTICES
[S 826/2014 wef 01/01/2015]
Division 1 — General
Definitions for this Part
40B.  In this Part, unless the context otherwise requires —
“appointed qualifying consumer”, in relation to qualifying consumers under regulation 40C(4), means an appointed qualifying consumer under regulation 40CA;
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“business activity” means an activity, or a series of activities (including ancillary activities), that involves the use of water in the course of business operations;
“business activity indicator” means a measure of business activity that takes into account the business operations of a qualifying consumer;
“chief executive”, in relation to a consumer or person proposing to build a facility, means any individual, however described, who is in the direct employment of, or acting for or by arrangement with, the consumer or person (as the case may be), and is principally responsible for the management and conduct of the business operations of the consumer or person in relation to the facility;
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[Deleted by S 112/2019 wef 01/03/2019]
“construction site” means any premises where the business activity of the consumer comprises wholly of construction, being any one or more of the following:
(a)the erection, construction, alteration, repair or maintenance of buildings, structures or roads;
(b)the breaking up, opening or boring under any road or adjacent land in connection with the construction, inspection, maintenance or removal of works;
(c)piling, demolition or dredging works;
(d)any other work of engineering construction;
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“new facility” has the meaning given by section 40(12) of the Act;
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“private meter” means any appliance or device, whether or not supplied by the Board, which is used to measure, ascertain or regulate the amount of water taken or used from a supply of water, but is not used for the purposes of calculating any water rates or charges payable to the Board;
“projected water balance chart” has the meaning given by section 40(12) of the Act;
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“qualifying consumer” means —
(a)in relation to any year before the year 2019, a consumer that satisfied the requirements specified in regulation 40C(1) as in force immediately before 1 March 2019; and
(b)in relation to the year 2019 or any subsequent year, a qualifying consumer under regulation 40C;
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[Deleted by S 112/2019 wef 01/03/2019]
[Deleted by S 112/2019 wef 01/03/2019]
“specified consumer” means a specified consumer under regulation 40BA;
[S 112/2019 wef 01/03/2019]
“water balance chart” means a chart showing —
(a)the amount of water entering a site at which a business activity is carried out;
(b)the amount of water used for each business activity at the site; and
(c)the amount of water leaving the site;
“water efficiency manager”, in relation to a qualifying consumer, means a person appointed by the qualifying consumer as its water efficiency manager under regulation 40GA;
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“water usage area” means any area within a site at which a business activity is carried out, and includes an area specified in the Fourth Schedule;
“water use threshold” means 60,000 cubic metres.
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Division 2 — Specified consumers
Specified consumer
40BA.—(1)  A consumer is, for any year (T), a specified consumer in accordance with this regulation.
(2)  A consumer is, for year T, a specified consumer for a site if —
(a)at any time in year T – 1, the consumer held one or more water accounts with the Board for water supplied by the Board to the site;
(b)the water was used in connection with any business activity carried out at the site (whether or not by the consumer); and
(c)in year T – 1, the volume in aggregate of water supplied at the site under the water account or water accounts attained the water use threshold (or higher).
(3)  A consumer is, for year T, a specified consumer for 2 or more sites if —
(a)at any time in year T – 1, the consumer held 2 or more water accounts with the Board for water supplied by the Board to those sites;
(b)the water was used in connection with the same type of business activity carried out at the sites by the consumer (whether or not the consumer carried on any other type of business activity at any of those sites); and
(c)in year T – 1, the volume in aggregate of water supplied at the sites under the water accounts attained the water use threshold (or higher).
(4)  Each of 2 or more consumers is, for year T, a specified consumer for a site if —
(a)at any time in year T – 1, the consumers each held one or more water accounts with the Board for water supplied by the Board to the site;
(b)the water was used in connection with the same type of business activity carried out at the site by each of the consumers (whether or not any of the consumers carried on any other type of business activity at the site);
(c)in year T – 1, the volume in aggregate of water supplied at the site under the water accounts to the consumers attains the water use threshold (or higher); and
(d)the Board notifies the consumers in writing that sub‑paragraphs (a), (b) and (c) apply to them for year T – 1.
(5)  Where (but for this paragraph) paragraph (2), and paragraph (3) or (4), apply to a consumer, then the consumer is a specified consumer only under paragraph (3) or (4), as the case may be.
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Submission of information and documents by specified consumer
40BB.—(1)  Where regulation 40BA(2) or (3) applies, the specified consumer mentioned in those paragraphs must submit to the Board, in accordance with paragraph (6), the information and documents mentioned in that paragraph for the site or sites (as the case may be), if —
(a)the consumer was not, for year T – 1, a qualifying consumer for the site or sites; or
(b)the consumer supplied water in year T – 1 to another person at the site or at any of the sites.
(2)  Paragraph (1) does not apply if, before 1 April of year T, the consumer ceases the business activity at the site or all the sites in respect of which the consumer is a specified consumer.
(3)  Where regulation 40BA(4) applies, all the specified consumers mentioned in that paragraph must appoint, for year T, one from among them as the appointed specified consumer to submit to the Board on their behalf the information and documents required of them under paragraph (4).
(4)  The specified consumers mentioned in regulation 40BA(4) must each submit to the Board, through the appointed specified consumer and in accordance with paragraph (6), the information and documents mentioned in that paragraph for the site, if —
(a)any one of the consumers was not a qualifying consumer in year T – 1; or
(b)any one of the consumers supplied water in the year T – 1 to another person at the site.
(5)  Paragraph (4) does not apply if, before 1 April of year T, all the consumers cease the business activity at the site in respect of which the consumers are specified consumers for year T.
(6)  The information and documents mentioned in paragraph (1) or (4) must —
(a)be submitted to the Board —
(i)before 1 April of year T (or such later date as the Board may allow in any particular case);
(ii)through the Board’s website at https://www.pub.gov.sg; and
(iii)in the form specified by the Board; and
(b)comprise the following:
(i)the bills and other records (if any) showing the volume of each type of water supplied to the specified consumer at the site or sites in question for year T – 1 (whether or not the water was supplied by the Board);
(ii)if applicable, for water supplied by the specified consumer to another person at the site or sites in question —
(A)the particulars of the other person; and
(B)the volume of each type of water supplied to the other person;
(iii)such other information or documents required by the Board relating to the water used at the site or sites in question;
(iv)such particulars (including contact details and a business profile) relating to the specified consumer and site or sites in question, as may be specified in the form;
(v)a signed statement from the chief executive of the specified consumer in question, that the information and documents submitted are accurate and complete.
(7)  A consumer that, without reasonable excuse, contravenes paragraph (1), (3) or (4) shall be guilty of an offence.
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Division 3 — Qualifying consumers
Qualifying consumer
40C.—(1)  A consumer is, for any year (T), a qualifying consumer in accordance with this regulation.
(2)  A consumer is, for year T, a qualifying consumer for a site if —
(a)at any time in year T – 1, T – 2 or T – 3, the consumer used water (whether or not supplied by the Board) in carrying out any of the consumer’s business activities at the site; and
(b)in any one of the years mentioned in sub‑paragraph (a), the volume of water used at the site attained the water use threshold (or higher),
unless, at any time in year T – 1, the consumer ceased all the business activities at the site in connection with which the water was used.
(3)  A consumer is, for year T, a qualifying consumer for 2 or more sites if —
(a)at any time in year T – 1, T – 2 or T – 3, the consumer used water (whether or not supplied by the Board) in carrying out the same type of business activity at those sites (whether or not the consumer carried on any other type of business activity at any of those sites); and
(b)in any one of those years mentioned in sub‑paragraph (a), the volume in aggregate of water used by the consumer for that type of business activity at those sites attained the water use threshold (or higher),
unless, at any time in year T – 1, the consumer ceased that type of business activity at all those sites.
(4)  Each of 2 or more consumers is, for year T, a qualifying consumer for a site if —
(a)at any time in year T – 1, T – 2 or T – 3, the consumers used water (whether or not supplied by the Board) in carrying out the same type of business activity at the site (whether or not any of the consumers carried on any other type of business activity at the site);
(b)in any one of the years mentioned in sub‑paragraph (a), the volume in aggregate of the water used by the consumers for that type of business activity at the site attained the water use threshold (or higher); and
(c)the Board notifies the consumers in writing that sub‑paragraphs (a) and (b) apply to them.
(5)  Where (but for this paragraph) paragraph (2), and paragraph (3) or (4), apply to a consumer, then the consumer is a qualifying consumer only under paragraph (3) or (4), as the case may be.
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Appointed qualifying consumer
40CA.—(1)  Where 2 or more consumers are, for any year (T) —
(a)qualifying consumers for a site under regulation 40C(4); and
(b)not specified consumers under regulation 40BA(4) for the site,
all the qualifying consumers mentioned in regulation 40C(4) must appoint, for year T, one from among them as the appointed qualifying consumer to submit to the Board on their behalf the information and documents required of them under regulations 40D(3) and 40H(2)(a) and the water efficiency plan mentioned in regulation 40H(2)(c).
(2)  Where 2 or more consumers are, for any year (T) —
(a)qualifying consumers for a site under regulation 40C(4); and
(b)specified consumers under regulation 40BA(4) for the site,
then, the appointed specified consumer for those consumers under regulation 40BB(3) is, for year T, the appointed qualifying consumer for the purposes of this Part.
(3)  A consumer that, without reasonable excuse, contravenes paragraph (1) shall be guilty of an offence.
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Submission of information and documents by qualifying consumer
40D.—(1)  Where regulation 40C(2) or (3) (as the case may be) applies, the consumer must submit to the Board, in accordance with paragraph (5), the information and documents mentioned in that paragraph for the site or sites if the consumer —
(a)is not required, under regulation 40BB(1) or (2), to submit information or documents for the site or sites in year T; and
(b)was not a qualifying consumer for year T – 1.
(2)  Paragraph (1) does not apply if, before 1 May of year T, the consumer ceases the business activity at the site or all the sites in respect of which the consumer is a qualifying consumer.
(3)  Where regulation 40C(4) applies, the consumers must each submit to the Board, through the appointed qualifying consumer and in accordance with paragraph (5), the information and documents mentioned in that paragraph for the site, if —
(a)the consumers are not required, under regulation 40BB(4), to submit information or documents for the site in year T; and
(b)any one of the consumers was not a qualifying consumer for the site in year T – 1.
(4)  Paragraph (3) does not apply if, before 1 May of year T, all the consumers cease the business activity at the site in respect of which the consumers are qualifying consumers for year T.
(5)  The information and documents mentioned in paragraph (1) or (3) must —
(a)be submitted to the Board —
(i)before 1 May of year T (or such later date as the Board may allow in any particular case);
(ii)through the Board’s website at https://www.pub.gov.sg; and
(iii)in the form specified by the Board; and
(b)comprise the following:
(i)the bills and other records (if any) showing the volume of each type of water supplied to the qualifying consumer at the site or sites in question for year T – 1 (whether or not the water was supplied by the Board);
(ii)such other information or documents required by the Board relating to the water used at the site or sites in question;
(iii)such particulars (including contact details and a business profile) relating to the qualifying consumer and site or sites in question, as may be specified in the form;
(iv)a signed statement from the chief executive of the qualifying consumer in question, that the information and documents submitted are accurate and complete.
(6)  A consumer that, without reasonable excuse, contravenes paragraph (1) or (3) shall be guilty of an offence.
[S 112/2019 wef 01/03/2019]
Notification of ceasing to be qualifying consumer
40E.—(1)  A consumer who is a qualifying consumer under regulation 40C(2) or (3) for any year and is not or will not be such a qualifying consumer for the next year (called in this regulation the year of cessation) must notify the Board of that fact in accordance with paragraphs (3) and (4).
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(2)  [Deleted by S 112/2019 wef 01/03/2019]
(3)  A notification under paragraph (1) must —
(a)be given —
(i)using the relevant form provided in the electronic service at the Board’s Internet website at https://www.pub.gov.sg; and
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(ii)in the manner specified by the Board;
(b)be accompanied by the information and documents specified in the form mentioned in sub‑paragraph (a)(i) or as may be required by the Board and —
(i)bills and other records (if any) showing the volume of each type of water supplied for the 3 consecutive years preceding the year of cessation; or
(ii)if the consumer is not or will not be a qualifying consumer in the year of cessation due to the consumer having ceased (in the preceding year) the business activities at the site or sites in connection with which water was used, documentary evidence that the consumer so ceased the business activity; and
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(c)be made —
(i)before 1 April of the year of cessation; or
(ii)if sub‑paragraph (b)(ii) applies, within 3 months after the consumer ceases the business activities.
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(4)  The relevant form referred to in paragraph (3)(a)(i) must be endorsed by the chief executive of the consumer.
(5)  Without prejudice to paragraph (1) —
(a)a consumer which intends to cease its business operations may notify the Board in writing of the consumer’s intention to do so; and
(b)the notification must be accompanied by documentary proof that the consumer intends to cease its business operations.
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(6)  A consumer which contravenes paragraph (1) shall be guilty of an offence.
[S 112/2019 wef 01/03/2019]
40F.  [Deleted by S 112/2019 wef 01/03/2019]
Board may ascertain whether consumer is qualifying consumer
40G.—(1)  The Board may, for the purposes of ascertaining whether any consumer is a qualifying consumer, do all or any of the following:
(a)by notice in writing, require that consumer —
(i)to carry out such inspections within such time as the Board may specify in the notice; or
(ii)to furnish to the Board, in respect of any business activity of that consumer, such reports, information or documents within such time as the Board may specify in the notice;
(b)by its employees, agents or contractors enter the premises of that consumer at reasonable hours and carry out such inspections to ascertain the source of water and the amount of each type of water used at each water usage area, as the Board may think necessary.
(2)  A consumer which, without reasonable excuse, fails to comply with a requirement under paragraph (1)(a) shall be guilty of an offence.
[S 826/2014 wef 01/01/2015]
Appointment of water efficiency manager
40GA.—(1)  A qualifying consumer must appoint at least one water efficiency manager to assist the qualifying consumer with the following functions:
(a)to prepare the information and documents and water efficiency plan for submission under regulation 40H;
(b)to maintain the records required under regulation 40J;
(c)generally to comply with the provisions of this Part.
(2)  A water efficiency manager need not be an employee of the qualifying consumer.
(3)  The qualifying consumer must not appoint any person as the qualifying consumer’s water efficiency manager unless the person has obtained a Certificate of Proficiency issued by the Board for the Water Efficiency Manager course.
(4)  The qualifying consumer must, before 1 July of the year for which the qualifying consumer is a qualifying consumer (or such later date as the Board may allow in any particular case) —
(a)appoint a water efficiency manager; and
(b)notify the Board of the appointment through the Board’s website at https://www.pub.gov.sg.
(5)  If any person ceases for any reason to be a water efficiency manager of a qualifying consumer and the person was, immediately before the cessation, the qualifying consumer’s only water efficiency manager, the qualifying consumer must —
(a)within 30 days after the cessation, notify the Board of that fact through the Board’s website at https://www.pub.gov.sg; and
(b)within 90 days after the cessation (or such later date as the Board may allow in any particular case) —
(i)appoint under paragraph (1) another water efficiency manager in substitution of the firstmentioned water efficiency manager; and
(ii)notify the Board of that substitute appointment through the Board’s website at https://www.pub.gov.sg.
(6)  The Board may, at any time, require a qualifying consumer to submit documentary proof that a water efficiency manager of the qualifying consumer fulfils the requirements mentioned in paragraph (3).
(7)  A consumer that, without reasonable excuse, contravenes this regulation shall be guilty of an offence.
[S 112/2019 wef 01/03/2019]
Submission of water efficiency plan, etc.
40H.—(1)  Where regulation 40C(2) or (3) (as the case may be) applies, the qualifying consumer must —
(a)submit, in accordance with paragraph (3), the information and documents mentioned in that paragraph; and
(b)prepare and submit, in accordance with paragraph (4), a water efficiency plan for the site or sites,
unless, before 1 July of year T, the qualifying consumer ceases the business activity at all the sites in respect of which the consumer is a qualifying consumer for year T.
(2)  Where regulation 40C(4) applies, the consumers —
(a)must submit, through the appointed qualifying consumer and in accordance with paragraph (3), the information and documents mentioned in that paragraph;
(b)must jointly prepare, in accordance with paragraph (4), one water efficiency plan for the site; and
(c)must submit, through the appointed qualifying consumer and in accordance with paragraph (4), the water efficiency plan,
unless, before 1 July of year T, all the qualifying consumers for the site cease the business activity at the site in respect of which the consumers are qualifying consumers for year T.
(3)  The information and documents mentioned in paragraph (1)(a) or (2)(a) must —
(a)be submitted to the Board —
(i)together with the water efficiency plan;
(ii)before 1 July of year T (or such later date as the Board may allow in writing in any particular case);
(iii)through the Board’s website at https://www.pub.gov.sg; and
(iv)in the form specified by the Board; and
(b)comprise the following relating to year T – 1, in respect of each business activity carried out by the qualifying consumer at the site:
(i)the number of days in that year during which the business activity was carried out;
(ii)the plant recycling rate and process recycling rate, if applicable;
(iii)the total amount of each type of water supplied by the Board that is used in the business activity;
(iv)the total amount of each type of water not supplied by the Board that is used in the business activity;
(v)the amount of each type of water (whether or not supplied by the Board) used at each water usage area, including the amount recorded by any private meter;
(vi)for each reused or recycled stream, the type and amount of that stream, the type of treatment used for recycling, and the water usage area that uses that stream;
(vii)every business activity indicator;
(viii)any information regarding the water efficiency of any cooling system used at the site or sites;
(ix)a water balance chart;
(x)such other information or documents required by the Board relating to the water used at the site or sites in question;
(xi)a signed statement from the chief executive and the water efficiency manager of the qualifying consumer in question, that the information and documents submitted are accurate and complete.
(4)  The water efficiency plan must —
(a)be submitted to the Board —
(i)by a water efficiency manager of the qualifying consumer or appointed qualifying consumer, as the case may be;
(ii)before 1 July of year T (or such later date as the Board may allow in writing in any particular case);
(iii)through the Board’s website at https://www.pub.gov.sg; and
(iv)in the form specified by the Board;
(b)describe the following:
(i)the water conservation measures used or intended to be used at the site or sites;
(ii)the date for the implementation or intended date of implementation of each of those measures;
(iii)the estimated cost of implementing each of those measures;
(iv)the implementation status of those measures;
(v)the projected annual water savings for each type of water used at the site or sites; and
(c)be endorsed by —
(i)for a water efficiency plan under paragraph (1) — the chief executive and water efficiency manager of the qualifying consumer; and
(ii)for a water efficiency plan under paragraph (2) — the chief executive and water efficiency manager of the appointed qualifying consumer.
(5)  A qualifying consumer that, without reasonable excuse, contravenes paragraph (1) or (2) shall be guilty of an offence.
[S 112/2019 wef 01/03/2019]
Board may give directions in relation to submissions under this Part
40I.—(1)  Where a consumer submits —
(a)information or documents that do not conform to the requirements under regulation 40BB(6)(b), 40D(5)(b), 40E(3)(b) or 40H(3)(b), as the case may be; or
(b)a water efficiency plan that does not conform to the requirements under regulation 40H(4),
the Board may, by notice in writing, direct the consumer to carry out such rectifications or re‑computations, and to resubmit the information or documents, or water efficiency plan (as the case may be) to the Board, within such time and in such manner as the Board may specify in the notice.
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(2)  A consumer which fails to comply with a direction under paragraph (1) shall be guilty of an offence.
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[S 112/2019 wef 01/03/2019]
Records to be kept by specified consumer
40IA.—(1)  A specified consumer for a site or sites must keep and maintain complete and accurate records of the following information:
(a)the total amount of each type of water supplied by the Board that is used by the specified consumer at the site;
(b)the total amount of each type of water not supplied by the Board that is used by the specified consumer at the site or sites;
(c)if applicable, for water supplied by the specified consumer to another person at the site or sites in question —
(i)the particulars of the other person; and
(ii)the volume of each type of water supplied to the other person.
(2)  A specified consumer must —
(a)retain each record mentioned in paragraph (1) for at least 5 years after the date of creation or receipt of that record; and
(b)during that period, make that record available for inspection by the Board or an authorised officer, or furnish that record to the Board, whenever required by the Board to do so.
(3)  The records mentioned in paragraph (1) may be kept and maintained in electronic form.
(4)  A specified consumer that contravenes paragraph (1) or (2) shall be guilty of an offence.
[S 112/2019 wef 01/03/2019]
Records to be kept by qualifying consumer
40J.—(1)  A qualifying consumer must keep and maintain complete and accurate records of the information specified in paragraph (2).
(2)  The information referred to in paragraph (1) is as follows:
(a)information on —
(i)the total amount of each type of water supplied by the Board that is used; and
(ii)the total amount of each type of water not supplied by the Board that is used;
(b)information used for computing plant recycling rates and process recycling rates, if applicable;
(c)water balance charts;
(d)information on the amount of each type of water (whether or not supplied by the Board) used at each water usage area, including the amount recorded by any private meter;
(e)for each reused or recycled stream, the type and amount of that stream, the type of treatment used for recycling, and the water usage area that uses that stream; and
(f)any other information relied on by the qualifying consumer for the purposes of preparing the submissions required under regulation 40H.
[S 112/2019 wef 01/03/2019]
(3)  A qualifying consumer must —
(a)retain each record referred to in paragraph (1) for at least 5 years after the date of creation or receipt of that record; and
(b)during that period, make that record available for inspection by the Board or an authorised officer, or furnish that record to the Board, whenever required by the Board to do so.
(4)  The records referred to in paragraph (1) may be kept and maintained in electronic form.
(5)  A qualifying consumer which contravenes paragraph (1) or (3) shall be guilty of an offence.
Installation of private meter and measurement of water consumption
40K.—(1)  This regulation shall apply to a consumer (referred to in this regulation as a relevant consumer) if —
(a)the consumer is a qualifying consumer; or
(b)at the time the consumer applies to be supplied with water by the Board, the consumer estimates, in consultation with the Board, the consumer’s average monthly amount of water use (whether or not the water is supplied by the Board) at a site to be at least 5,000 cubic metres.
[S 112/2019 wef 01/03/2019]
(2)  If paragraph (1)(a) applies, a relevant consumer must, for such time the relevant consumer is a qualifying consumer, ensure that one or more private meters are installed to measure and monitor the amount of water use at each water usage area specified in the second column of the Fourth Schedule within each site for which the relevant consumer is a qualifying consumer.
[S 112/2019 wef 01/03/2019]
(2A)  For the purposes of paragraph (2), the private meter or meters must be installed before 1 July of the year for which the consumer is a qualifying consumer (or such later date as the Board may allow in writing in any particular case).
[S 112/2019 wef 01/03/2019]
(3)  Despite paragraph (2), where a relevant consumer belongs to a sector specified in the first column of item 5 or 6 of the Fourth Schedule, and the supply of water to that consumer by the Board immediately before 1 January 2015 is intended to be temporary, that consumer is not required to install any private meter to measure and monitor the amount of water use at any water usage area specified opposite in the second column of that Schedule.
(4)  If paragraph (1)(b) applies, a relevant consumer must install, before a licensed plumber submits to the Board a certificate of satisfactory completion under the Public Utilities (Regulated Works and WSI Design Works) Regulations 2018 (G.N. No. S 163/2018) on completion of the WSI works for the supply of water by the Board, one or more private meters to measure and monitor the amount of water use at each water usage area specified in the second column of the Fourth Schedule within each site the supply of water to which the consumer estimates will attain the monthly amount of water use specified in paragraph (1)(b).
[S 112/2019 wef 01/03/2019]
(5)  The Board may, by notice in writing, require a relevant consumer to install, within such time as the Board may specify in the notice, one or more private meters to measure and monitor the amount of water use at any water usage area (not being a water usage area specified in the second column of the Fourth Schedule) if the Board is satisfied that there are good reasons to do so.
(6)  A relevant consumer which contravenes paragraph (2) or (4), or fails to comply with a requirement under paragraph (5), shall be guilty of an offence.
Division 4 — New facilities
[S 904/2023 wef 01/01/2024]
Prescribed matters for purposes of section 40
40KA.  For the purpose of section 40 of the Act —
(a)a prescribed industry is an industry specified in the first column of Part 1 of the Fifth Schedule; and
(b)the prescribed threshold in relation to an annual water use is 60,000 cubic metres, determined in accordance with the method set out in the PUB S&R Standard for Water Efficiency.
[S 904/2023 wef 01/01/2024]
Board’s approval of projected water balance chart
40KB.  An application for the Board’s approval under section 40(2) of the Act for a projected water balance chart for a new facility must —
(a)be submitted to the Board by the person proposing to build the new facility in the form specified by the Board;
(b)be prepared by a person who has obtained a Certificate of Proficiency issued by the Board for the Water Efficiency Manager course;
(c)be accompanied by —
(i)the projected water balance chart; and
(ii)a declaration by the person mentioned in paragraph (b) that the person prepared the application; and
(d)be endorsed by the chief executive of the person proposing to build the new facility.
[S 904/2023 wef 01/01/2024]
Water efficiency requirements for new facility
40KC.—(1)  For the purpose of section 40(7) of the Act, the prescribed water efficiency requirements applicable to a new facility in a prescribed industry are specified in the second column of Part 1 of the Fifth Schedule opposite the prescribed industry.
(2)  The prescribed water efficiency requirements apply in relation to each year for which the following requirements are satisfied:
(a)the year is the fourth or subsequent year after the year in which the temporary occupation permit for the new facility is granted under section 12(3) of the Building Control Act 1989;
Illustration
A temporary occupation permit is granted in respect of a new facility in 2025. The year that is the fourth year after the year in which the temporary occupation permit is granted is 2029.
(b)the occupier of the new facility is a qualifying consumer for the new facility for that year.
[S 904/2023 wef 01/01/2024]
Waiver or modification of prescribed water efficiency requirements
40KD.—(1)  An application under section 40(8) of the Act for a waiver or modification of any prescribed water efficiency requirement for a new facility must —
(a)be in the form specified by the Board;
(b)state the reasons why the new facility is unable to comply with the prescribed water efficiency requirement; and
(c)include or be accompanied by any documents and information supporting the reasons.
(2)  The Board may grant a waiver or modification for any prescribed water efficiency requirement generally or for a specified period.
[S 904/2023 wef 01/01/2024]
Division 5 — Exceptions
[S 904/2023 wef 01/01/2024]
Exceptions
40L.—(1)  This Part does not apply in relation to a vessel.
(2)  Regulations 40BA and 40C do not apply in relation to construction sites.
(3)  Regulations 40BA and 40C do not apply in relation to a consumer who proves to the satisfaction of the Board that the consumer attained the water use threshold at a site or sites only by reason of any of the following events:
(a)a water leakage at the site;
(b)water usage due to an activity that does not occur on a regular basis.
(4)  Regulation 40K does not apply in relation to a water usage area at a site if the consumer that is supplied with water at the water usage area proves to the satisfaction of the Board that it is not reasonably practicable to install a private meter.
[S 112/2019 wef 01/03/2019]