Environmental Public Health Act 1987

Environmental Public Health
Act 1987

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to consolidate the law relating to environmental public health and to provide for matters connected therewith.

[1 July 1987]

PART 1

PRELIMINARY

Short title

1.  This Act is the Environmental Public Health Act 1987.

Interpretation

2.  In this Act, unless the context otherwise requires —

“aerosol-generating system” means any device or system that is capable of producing a suspension of fine liquid droplets in air or other type of gas;

“Agency” means the National Environment Agency established under the National Environment Agency Act 2002;

“aquatic facility” means any pool, device or facility used or intended to be used for any recreational or therapeutic activity in, on or involving the use of water;

“aquatic facility licence” means a licence granted under this Act for a licensable aquatic facility;

“authorised officer” means any person appointed by the Director‑General under sections 3(2) and 4(2) to be an authorised officer;

“auxiliary officer” means an individual who is appointed as an auxiliary officer under section 16A(1) of the National Environment Agency Act 2002;

“baseline wage”, in relation to a waste management worker —

(a) means the total amount of money (including wage adjustments and increments) to which the waste management worker is entitled under his or her contract of service —

(i) for working for a period of time, that is, for one hour, one day, one week, one month or for any other period that may be stated or implied in his or her contract of service; or

(ii) for each completed piece or task of work;

(b) includes any payment that is prescribed as being part of the baseline wage; and

(c) excludes all of the following:

(i) additional payments by way of overtime payments;

(ii) additional payments by way of bonus payments or annual wage supplements;

(iii) any sum paid to the waste management worker to reimburse him or her for special expenses incurred by him or her in the course of his or her employment;

(iv) any payment that may be prescribed as not being part of the baseline wage;

[Act 5 of 2023 wef 01/07/2023]

“basic rate of pay” means the total amount of money (including wage adjustments and increments) to which an employee is entitled under his or her contract of service for working for a period of time, that is, for one hour, one day, one week, one month or for any other period that may be stated or implied in his or her contract of service, or for each completed piece or task of work, but does not include —

(a) additional payments by way of overtime payments;

(b) additional payments by way of bonus payments or annual wage supplements;

(c) any sum paid to the employee to reimburse him or her for special expenses incurred by him or her in the course of his or her employment;

(d) productivity incentive payments; and

(e) any allowance however described;

[Act 5 of 2023 wef 01/07/2023]

“basic wage”, in relation to a cleaner, means wage calculated at the cleaner’s basic rate of pay —

(a) for one hour, one day, one week, one month or for any other period that may be stated or implied in his or her contract of service; or

(b) for each completed piece or task of work;

[Act 5 of 2023 wef 01/07/2023]

“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and any structure, support or foundation connected to the foregoing;

“cleaner” means an individual who is engaged, whether as a full‑time employee, part-time employee or casual employee and whether or not at piece rates —

(a) to perform cleaning work for a person other than the individual’s employer; or

(b) to supervise other individuals performing cleaning work for a person other than the individual’s employer, whether or not the individual is known as a supervisor or leader or by any other title,

and includes any individual who is declared by the Minister, by notification in the Gazette, to be a cleaner;

“cleaning business” means a business, whether or not the business is carried on for profit —

(a) in which a person carries out cleaning work for other persons through the services of cleaners engaged or employed by that person; or

(b) of supplying cleaners to other persons;

[Act 5 of 2023 wef 01/07/2023]

“cleaning business licence” means a licence granted under section 80G(1);

“cleaning contract”, in relation to a person, means a contract for the provision of cleaning work to other persons by cleaners, or for the supply to other persons of cleaners, who are engaged or employed by the person;

[Act 5 of 2023 wef 01/07/2023]

“cleaning work” means work carried out in Singapore that has, as its main or only component, the bringing of premises or any public place into, or keeping of premises or any public place in, a clean condition, and includes supervising the carrying out of that work but excludes any work that the Minister declares, by notification in the Gazette, not to be cleaning work;

“code of practice” means any code of practice issued or approved under section 99A(1), and includes such code of practice as amended from time to time;

“Commissioner for Labour” means the Commissioner for Labour appointed under section 3(1) of the Employment Act 1968;

“common property” has the meaning given by section 2(1) of the Building Maintenance and Strata Management Act 2004;

“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;

(d) any other work of engineering construction;

“dangerous substance” means —

(a) aquafortis, vitriol, naphtha benzine, gunpowder, lucifer matches, nitroglycerine and petroleum;

(b) any explosive within the meaning of the Guns, Explosives and Weapons Control Act 2021;

[Act 3 of 2021 wef 01/07/2025]

(c) any radioactive material within the meaning of the Radiation Protection Act 2007;

(d) any substance which owing to its nature, composition or quantity constitutes a danger to property or human life or health; and

(e) such other substance which the Agency may, with the approval of the Minister, by notification in the Gazette, declare to be a dangerous substance for the purpose of this Act;

“Director-General” means the Director-General of Public Health appointed under section 3(1);

“Director-General, Food Administration” means the Director‑General, Food Administration appointed under section 277(1) of the Food Safety and Security Act 2025;

[Act 7 of 2025 wef 28/11/2025]

“disposal facility” includes a recycling facility, a refuse disposal ground, any place used for the deposit of refuse or waste, an incinerator or any plant, machinery or apparatus used for the processing or treatment of refuse or waste;

“dwelling house” includes any building or tenement or any part thereof which is used, constructed or adapted for use for human habitation;

“environmental sanitation programme” means any environmental sanitation programme developed under section 62B, and includes such environmental sanitation programme as amended from time to time;

“flat” means a horizontal stratum of any building or part thereof, whether the stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose, and which may be comprised in a “lot”, or in part of any “subdivided building” not shown in a registered “strata title plan” (the last 3 expressions within quotation marks having the meanings given by the Land Titles (Strata) Act 1967);

“food” has the meaning given by section 4 of the Food Safety and Security Act 2025;

[Act 7 of 2025 wef 28/11/2025]

“food establishment” means any place or any premises or part thereof used for the sale, or for the preparation or manufacture for sale, or for the storage or packing for sale, of food, whether cooked or not, intended for human consumption;

“footway” includes footways and verandah‑ways at the sides of streets;

“funeral parlour” means any premises where corpses are received for the purpose of preparation for burial or cremation or for the carrying out of funeral rites or ceremonies prior to burial or cremation, and includes any premises used for such purpose by whatever name called;

“garden refuse” means the refuse from garden and agricultural operations;

“house” includes dwelling house, warehouse, office, shop, school and any other building in which persons are employed;

“industrial waste” means any waste whether solid, liquid or gaseous produced, or removed or recovered, in the course of or is the waste product of any trade, business, manufacture or building construction, and includes toxic industrial waste and any dangerous substance;

[Act 24 of 2021 wef 01/04/2022]

“infectious diseases” means —

(a) any disease set out in the First or Second Schedule to the Infectious Diseases Act 1976; and

(b) any skin disease which is likely to be contagious;

“itinerant hawker” means any person who, with or without a vehicle, goes from place to place or from house to house carrying for sale or exposing for sale any food or goods of any kind;

“latrine” includes bucket latrines, bore-hole latrines, water seal latrines and pit latrines;

“licensable aquatic facility” means any aquatic facility of the description or type prescribed by the Agency, with the approval of the Minister, by order in the Gazette;

“limited common property” has the meaning given by section 2(1) of the Building Maintenance and Strata Management Act 2004;

“manager”, in relation to any premises, means the occupier of the premises, and where there is no occupier, the owner of the premises;

“market” means any place used for the sale of any meat, fish, fruit, vegetable, poultry, egg or other article of food, whether cooked or uncooked, for human consumption, and includes any premises therein used for the sale of goods or in any way used in conjunction or connection therewith or appurtenant thereto;

“nuisance” means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing, or which is or is likely to be injurious or dangerous to health or property;

“occupier” means the person in occupation of any premises or having the charge, management or control thereof either on that person’s own account or as agent of another person; and, in relation to any part of any premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;

“operator”, in relation to a public service vehicle, means the owner, ticket conductor, driver, ticket inspector or person who is in charge or in control of the public service vehicle;

“owner”, in relation to —

(a) any premises — means the person for the time being receiving the rent of the premises, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the rent if the premises were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960;

(b) any premises where building works are carried out — includes the developer;

(c) the common property of any subdivided building — includes the management corporation established under the Building (Strata Management) Act 2004^* having control of the building, or the person receiving any rent or charge for the maintenance of that common property; and

[Act 12 of 2020 wef 01/10/2025]

(d) the limited common property of any subdivided building — includes the subsidiary management corporation established under the Building (Strata Management) Act 2004^* having control of the limited common property, or the person receiving any rent or charge for the maintenance of that limited common property;

[Act 12 of 2020 wef 01/10/2025]

“place of public resort” means a building or a defined or an enclosed place used or constructed or adapted to be used either ordinarily or occasionally as a church, mosque, temple or other place where public worship is or religious ceremonies are performed, not being merely a dwelling house so used, or as a cinema, theatre, public hall, or as a public place of assembly for persons admitted thereto by ticket or otherwise, or used or constructed or adapted to be used either ordinarily or occasionally for any other public purpose;

“premises” means messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof used or intended to be used for human habitation or for any other purpose whatsoever;

“private market” means a market other than a public market;

“private street” means any street not being a public street;

“progressive wage model bonus”, for a cleaner or waste management worker —

(a) means a discretionary amount of money payable to a cleaner or waste management worker (as the case may be) that is in addition to all of the following paid to the cleaner or waste management worker:

(i) any basic wage (for a cleaner) or baseline wage (for a waste management worker);

(ii) any overtime payment;

(iii) any sum to reimburse the cleaner or waste management worker for special expenses incurred during his or her employment;

(iv) any allowance however described;

(b) includes any component that is prescribed as being part of the progressive wage model bonus for a cleaner or waste management worker, as the case may be; and

(c) excludes any component that is prescribed as not being part of the progressive wage model bonus for a cleaner or waste management worker, as the case may be;

[Act 5 of 2023 wef 01/07/2023]

“progressive wage plan” means —

(a) in relation to an applicant for a cleaning business licence — a plan that relates to the basic wage and progressive wage model bonus that the applicant pays or intends to pay to the cleaners who are the applicant’s employees; or

(b) in relation to an applicant for a waste collector licence or waste disposal licence — a plan that relates to the baseline wage, overtime payment and progressive wage model bonus that the applicant pays or intends to pay to the waste management workers who are the applicant’s employees;

[Act 5 of 2023 wef 01/07/2023]

“public market” means a market owned, leased or maintained by the Government;

“public park” has the meaning given by section 2 of the Parks and Trees Act 2005;

“public place” includes any place whether privately owned or not to which the public has access;

“public service vehicle” has the meaning given by the Road Traffic Act 1961;

“public street” means any street over which the public has a right of way and any street vested in the Government;

“public waste collector licensee” means a person designated by the Director‑General under section 31(3);

“publicly accessible premises” means any premises to which the public or a section of the public has access as of right, or by virtue of any express or implied permission with or without payment of a fee and whether or not access to the premises may be restricted at particular times or for particular purposes, and includes any part of those premises, and “publicly accessible” is to be construed accordingly;

“recyclable” means any refuse, waste or other material or thing that the Agency may prescribe, with the approval of the Minister, to be capable of being recycled or reused;

“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;

“registered aerosol-generating system” means any registrable aerosol‑generating system that is registered under this Act;

“registered Environmental Control Coordinator” means any individual who is registered under this Act as an Environmental Control Coordinator;

“registered Environmental Control Officer” means any individual who is registered under this Act as an Environmental Control Officer;

“registrable aerosol-generating system” means any aerosol‑generating system of the description or type prescribed by the Agency, with the approval of the Minister, by order in the Gazette;

“residential premises” means any premises which are permitted to be used under the Planning Act 1998 or any other written law as a dwelling house or which is lawfully so used;

“sale” includes barter, exchange, import and export, and also includes offering or attempting to sell, or causing or allowing to be sold, or exposing for sale, or receiving or sending or delivering for sale, or supplying any food, drink or goods where consideration is to be received by the supplier for such supply either specifically or as part of a service contracted for, or having in possession for sale or having in possession any food, drink or goods knowing that the same is likely to be sold or offered or exposed for sale, and “sell” is to be construed accordingly;

“sanitary conveniences” includes latrines, toilets, urinals and water closets;

“showboard” includes showcase and any description of container used for the display of any article or thing;

“Singapore Food Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019;

[Deleted by Act 5 of 2023 wef 01/07/2023]

“specified premises”, in relation to Part 6, has the meaning given by section 62A;

“stable refuse” means the dung or urine of birds, poultry or animals and the sweepings or refuse or drainage from any stables or cattle sheds or places for keeping animals, birds or poultry;

“stall” means any table, shed, showboard, vehicle or receptacle or any other means used or intended to be used for the purpose of selling food or goods of any kind, and includes any structure affixed thereto by way of roof, support or flooring;

“standard of performance” means any standard of performance issued or approved under section 99A(1), and includes such standard of performance as amended from time to time;

“statutory body” means a body corporate established by or under a public Act for a public purpose;

“street” includes any road, flyover, square, footway, backlane or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and also includes any road, car park, field, grass verge, footway or passage, open court or open alley used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; and all channels, drains, ditches and reserves at the side of any street are deemed to be part of the street;

“toilet” means a facility for urinating and defecating which is water flushed, and which connects, directly or otherwise, with a private sewage disposal system or with the public sewage disposal system;

“toxic industrial waste” means any industrial waste which owing to its nature, composition or quantity constitutes a danger to human health or the environment or which contains or may produce pathogens of transmissible diseases;

“vehicle” means any vehicle whether mechanically propelled or otherwise, and includes a barrow and a cart;

“waste” includes —

(a) any substance which constitutes a scrap material or an effluent or other unwanted surplus substance arising from the application of any process; and

(b) any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoiled,

and anything which is discarded or otherwise dealt with as if it were waste is presumed to be waste unless the contrary is proved;

[Deleted by Act 5 of 2023 wef 01/07/2023]

[Deleted by Act 5 of 2023 wef 01/07/2023]

“waste collection work” —

(a) means work carried out in Singapore that has, as its main or only component, the collection, removal, transport, storage or import of refuse or waste;

(b) includes supervising the carrying out of that work; and

(c) excludes any work that the Minister declares, by notification in the Gazette, not to be waste collection work;

[Act 5 of 2023 wef 01/07/2023]

“waste collection worker” means an individual who is engaged, whether as a full-time employee, part-time employee or casual employee and whether or not at piece rates —

(a) to perform waste collection work; or

(b) to supervise other individuals performing waste collection work, whether or not the individual is known as a supervisor or leader or by any other title,

and includes any individual who is declared by the Minister, by notification in the Gazette, to be a waste collection worker;

[Act 5 of 2023 wef 01/07/2023]

“waste collector licence” means a licence granted under section 31(2);

[Act 5 of 2023 wef 01/07/2023]

“waste disposal licence” means a licence granted under section 23(2);

[Act 5 of 2023 wef 01/07/2023]

“waste disposal work” —

(a) means work carried out in Singapore that has, as its main or only component, the construction, establishment, maintenance or operation of a disposal facility;

(b) includes supervising the carrying out of that work; and

(c) excludes any work that the Minister declares, by notification in the Gazette, not to be waste disposal work;

[Act 5 of 2023 wef 01/07/2023]

“waste disposal worker” means an individual who is engaged, whether as a full-time employee, part-time employee or casual employee and whether or not at piece rates —

(a) to perform waste disposal work; or

(b) to supervise other individuals performing waste disposal work, whether or not the individual is known as a supervisor or leader or by any other title,

and includes any individual who is declared by the Minister, by notification in the Gazette, to be a waste disposal worker;

[Act 5 of 2023 wef 01/07/2023]

“waste management worker” means a waste collection worker or waste disposal worker;

[Act 5 of 2023 wef 01/07/2023]

“waterway” means a navigable river, conduit or drain;

“work place” means any premises or place used for any industrial, trade, commercial or manufacturing purposes and includes all construction sites, work sites and farms.

[47/2004; 27/2007; 26/2008; 15/2014; 4/2016; 48/2018; 11/2019; 33/2020; 4/2021]

[*Updated to be consistent with the 2020 Revised Edition]

PART 2

ADMINISTRATION

Appointment of Director-General and authorised officers

3.—(1)  The Minister may appoint any person to be the Director-General of Public Health who is responsible for the administration of this Act except where expressly provided otherwise, subject to the general or special directions of the Minister.

[11/2019]

[Act 5 of 2025 wef 09/03/2025]

(1A)  An appointment under subsection (1) must be published in the Gazette.

[Act 5 of 2025 wef 09/03/2025]

(2)  The Director-General may in writing appoint any of the following persons to be an authorised officer for the purposes of this Act:

(a) a public officer;

(b) an officer or auxiliary officer of the Agency;

(c) an officer of any statutory authority;

(d) an auxiliary police officer appointed under the Police Force Act 2004.

[4/2016]

Delegation of power by Director-General

4.—(1)  The Director-General may, with the approval of the Minister, delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by this Act to any authorised officer, subject to any conditions or limitations that the Director‑General may specify.

(2)  The Director-General may, with the approval of the Minister, appoint any person set out in the first column of the Fourth Schedule as an authorised officer for the purposes of exercising all or any of the powers under this Act that are set out in the second column of that Schedule, subject to any conditions or limitations that the Director‑General may specify.

PART 3

PUBLIC CLEANSING

Cleaning of streets, etc.

[15/2014]

Director-General to cause public streets, etc., to be cleansed

5.—(1)  The Director-General must cause public streets, including the footways thereof, and public parks, beaches, foreshores, canals, waterways and unoccupied State land, to be properly swept and cleansed and watered so far as is reasonably practicable, and refuse and filth of every sort found thereon to be collected and removed.

[15/2014]

(2)  Nothing in subsection (1) derogates from the effect of any other written law.

[15/2014]

Duty of owner and occupier to keep clean private streets, etc., abutting on their premises

6.—(1)  The owner and the occupier of any premises abutting upon any private street to which they have access or the right of access from their premises must cause any portion of the street that fronts, adjoins or abuts on their premises and up to the centre thereof including the footways to be properly swept and cleansed and watered so far as is reasonably practicable, and refuse and filth of every sort found thereon to be collected and removed.

(2)  The owner and the occupier of any premises must cause the immediate vicinity of their premises, including the footways and backyards abutting thereon, and the airwells, courtyards and quadrangles thereof to be kept clean and free of refuse, filth or other matter or any accumulation of water.

(3)  The Director-General may, by written notice, require any person upon whom any duty is cast under subsection (1) or (2) to sweep and cleanse and water such street and to collect and remove the refuse, filth and other matter found thereon at such time or times as are stated in the notice.

Dustbins in streets

7.—(1)  The Director-General may —

(a) cause any number of dustbins or other convenient receptacles in which refuse may be temporarily deposited to be provided and placed in proper and convenient locations in public streets and private streets and in any other places that the Director‑General may think fit; and

(b) cause vehicles to go round to collect the refuse.

(2)  A person must not deposit, or cause or permit to be deposited any dung, nightsoil, human excreta, industrial waste, stable refuse or garden refuse in any such dustbin or receptacle, except that such garden refuse comprising grass, small twigs and the like as may be reasonably accommodated in those dustbins or receptacles may be placed therein.

Removal of refuse

Director-General may apply systems for collection and removal of refuse, etc.

8.—(1)  The Director-General may at any time apply to all premises within any area that he or she may determine any system which he or she thinks fit for the collection and removal of refuse and waste of every description from those premises.

(2)  In any area to which a system for the collection and removal of refuse and waste is applied under subsection (1) —

(a) no person other than a waste collector licensee whose specified area in its licence includes premises in the area may collect or remove any refuse or waste; and

(b) every occupier of any premises that the Director‑General may designate in the area must use the service of collecting and removing refuse or waste provided by a public waste collector licensee whose specified area in its licence includes those designated premises.

Removal of industrial waste, stable refuse, etc.

9.—(1)  The Director‑General may, by written notice, require any person carrying on a trade, manufacture or business or occupying any stable, cattle shed or place for keeping sheep, goats, swine or poultry, to remove periodically industrial waste or stable refuse to a disposal facility for disposal.

(2)  Any person upon whom a notice has been served under subsection (1) must, if so required by the Director‑General, provide evidence that the person has complied with the notice.

Director-General may require owner and occupier to provide dustbins and refuse bins, etc.

10.—(1)  The Director-General may, by written notice, require the owner or occupier of any premises to provide, construct or reconstruct at the expense of the owner or occupier and within the period that may be specified in the notice —

(a) dustbins or other convenient receptacles, which must conform to any specifications that the Director‑General may require, to be placed in appropriate locations within the premises of the owner or occupier as the Director‑General thinks fit for the deposit of refuse and rubbish from those premises;

(b) refuse bin centres or refuse bin compartments, which must conform to any specifications that the Director‑General may require, to be sited in appropriate locations within the premises as the Director‑General thinks fit, and in or on which must be placed the dustbins and other receptacles mentioned in paragraph (a); and

(c) receptacles which must conform to such specifications as the Director‑General may require, to be placed in appropriate locations within the premises of the owner or occupier as the Director‑General thinks fit for the deposit of recyclables.

[26/2008]

(2)  Where any dustbins or receptacles have been provided under subsection (1), the Director‑General may, by written notice, require the owner or occupier of any premises concerned to convey, as often as may be necessary, refuse from such premises to a disposal facility.

Maintenance of refuse equipment or facility in buildings

11.—(1)  The owner of a building or part of a building served by any refuse equipment or facility is responsible for the maintenance, repair or replacement of the refuse equipment or facility.

(2)  The Director-General may, by written notice, require the owner of a building or part of a building served by any refuse equipment or facility to —

(a) maintain, repair or replace the refuse equipment or facility; or

(b) make any modification to the refuse equipment or facility that the Director-General considers necessary for the protection of the environment or environmental public health.

(3)  In this section —

“refuse equipment or facility” means any of the following:

(a) a refuse or waste chute;

(b) a refuse or waste chute chamber;

(c) a refuse or waste chute hopper;

(d) a refuse or waste lift that is wholly or partly used for the conveyance of refuse or waste;

(e) a standalone pneumatic waste conveyance system;

“standalone pneumatic waste conveyance system” —

(a) means an automated waste collection system that —

(i) conveys or transports refuse or waste by air suction through a network of pipes to the refuse bin centre;

(ii) consists of the following that are used for, or for purposes connected with, conveying or transporting refuse or waste by air suction to the refuse bin centre:

(A) all air and ventilation networks;

(B) all valves, cables, pipes, regulators, apparatus, equipment, plants, stations, sensors and receptacles for the temporary storage of refuse or waste; and

(iii) is not located in a DPWCS area declared under section 31G(1); and

(b) excludes any disposal facility.

[Act 5 of 2023 wef 01/07/2023]

Occupier of house to remove refuse

12.—(1)  The occupier of any dwelling house or premises who —

(a) keeps or allows to be kept otherwise than in some proper receptacle, refuse or any noxious or offensive matter in any part of such house or premises;

(b) allows such receptacle to be in a filthy or noxious state; or

(c) neglects or fails to remove the refuse or noxious or offensive matter from such receptacle and to cleanse the same,

shall be guilty of an offence.

(2)  The receptacle mentioned in subsection (1) must be placed at such times and places as the Director‑General may direct.

Prohibition on use of nightsoil or human excreta as manure

13.—(1)  No land may be manured with nightsoil or human excreta.

(2)  If any nightsoil or human excreta is found in any place collected in pits or receptacles of any kind that would in the ordinary course be used for preparing the nightsoil or human excreta for purposes of manuring, this is deemed conclusive evidence that the land on which the pits or receptacles are situated or land in the same occupation adjoining or contiguous thereto has been manured with nightsoil or human excreta.

(3)  The owner and the occupier of any land which is manured with nightsoil or human excreta shall both be guilty of an offence.

(4)  The Director-General may, by written notice, require the owner or occupier of the land to remove the nightsoil or receptacles or to fill up the pits, as the case may be.

Prohibition on use of nightsoil or human excreta for manuring earth in pots, etc.

14.  A person must not use any nightsoil or human excreta for the purpose of manuring any earth, soil or other substance contained in any pot, box, container or other receptacle.

Prohibition of cultivation or use of manure or irrigation which is nuisance

15.  If at any time it appears to the Director‑General that the method of cultivation of any description of crop or the use or storing or method of preparing or dealing with any kind of manure (including prawn dust, prawn shell, chicken droppings and stable refuse) or the irrigation of land in any specific manner in any premises or area is a nuisance, the Director‑General may —

(a) prohibit the method of cultivation or the use or storing or method of preparing or dealing with the manure or the manner of irrigation within the premises or area; or

(b) regulate any of the matters referred to in paragraph (a) by imposing any conditions thereon that the Director‑General may think necessary for the prevention of the nuisance.

All refuse, etc., collected to be property of Agency

16.—(1)  All refuse, waste and filth of every sort and any matter or thing collected by the employees, contractors or agents of the Agency from streets, buildings or any premises or place or brought by any person to any public disposal facility are the property of the Agency which may sell or dispose of the refuse, waste and filth as it thinks fit.

(2)  Despite subsection (1), any refuse, waste and filth of every sort, and any other matter or thing, that is conveyed within the refuse pipeline networks of any DPWCS established under Part 3B is also the property of the Agency which the Agency may sell or dispose of as the Agency thinks fit.

[48/2018]

[Act 5 of 2023 wef 01/07/2023]

(3)  A person must not, without the written permission of the Director‑General, remove any refuse, waste or filth or any other matter or thing brought into any disposal facility for disposal or treatment.

Offences in respect of uncleanliness in public places

Prohibition against throwing refuse, etc., in any public place

17.—(1)  A person must not —

(a) deposit, drop, place or throw any dust, dirt, paper, ash, carcase, refuse, box, barrel, bale or any other article or thing in any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish;

(b) keep or leave any article or thing in any place where it or particles therefrom have passed or are likely to pass into any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish;

(c) dry any article of food or any other article or thing in any public place;

(d) place, scatter, spill or throw any blood, brine, noxious liquid, swill or any other offensive or filthy matter of any kind in such manner as to run or fall into any public place;

(e) beat, clean, shake, sieve or otherwise agitate any ash, hair, feathers, lime, sand, waste paper or other substance in such manner that it is carried or likely to be carried by the wind to any public place;

(f) throw or leave behind any bottle, can, food container, food wrapper, glass, particles of food or any other article or thing in any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish;

(g) spit any substance or expel mucus from the nose upon or onto any street or any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish; or

(h) discard or abandon in any public place any motor vehicle whose registration has been cancelled under section 27 of the Road Traffic Act 1961, any furniture or any other bulky article.

[48/2018]

(2)  A person must not drop, deposit or throw any refuse or any other matter or thing in any channel, drain, lake, reservoir, river, stream or watercourse or upon the bank of any of the same or in any part of the sea abutting on the foreshore.

(3)  Any person who contravenes subsection (1) or (2) shall be guilty of an offence.

(4)  Where the driver or a passenger of a motor vehicle is alleged or suspected to be guilty of an offence under this section —

(a) the owner of the motor vehicle must give any information that he or she may be required to give by a police officer or an authorised officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver or a passenger of the motor vehicle; and

(b) any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must (if so required) give any information which it is in that person’s power to give and which may lead to the identification of the driver and passengers.

[15/2014]

(5)  Where an offence under this section is alleged or suspected to be in connection with throwing, dropping or scattering of refuse or any other matter or thing from a flat used for residential purpose (including a flat which is leased for residential purpose) —

(a) any owner of that flat must give any information that the owner may be required to give by a police officer or an authorised officer as to the identity of every person who, at or about the time of the alleged offence, was an occupier of that flat; and

(b) any occupier of that flat at or about the time of the alleged offence, or any owner of that flat in the case where that flat was unoccupied at or about that time, must (if so required) give any information which it is in the occupier’s or owner’s power to give and which may lead to the identification of the alleged offender.

[15/2014]

(6)  Any person who, without reasonable excuse, fails to comply with subsection (4) or (5) within 14 days after the date on which the information was required from the person shall be guilty of an offence.

[15/2014]

(7)  A person is not excused from giving any information required of the person by subsection (4) or (5) on the ground that the disclosure of the information might tend to incriminate the person.

[15/2014]

Presumptions in respect of littering, etc., from residential flats

17A.—(1)  Where in any proceedings for a contravention of section 17(1)(a), (d) or (f), it is proved that any refuse or any other article, matter or thing that is the subject of the charge, had been deposited, dropped, placed, thrown, scattered or spilled in or into any public place from a residential flat, it is presumed, until the contrary is proved, that the refuse, article, matter or thing was deposited, dropped, placed, thrown, scattered or spilled in or into the public place from the residential flat, as the case may be —

(a) where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or

(b) in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat.

(2)  Where in any proceedings for a contravention of section 17(1)(b), it is proved that an article or a thing, or particles from an article or a thing, that is the subject of the charge, had passed into any public place from a residential flat, it is presumed, until the contrary is proved, that the article or thing was kept or left in the residential flat —

(a) where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or

(b) in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat.

(3)  Where in any proceedings for a contravention of section 17(1)(e), it is proved that any ash, hair, feathers, lime, sand, waste paper or other substance that is the subject of the charge, had been carried by the wind to any public place due to the beating, cleaning, shaking, sieving or agitating thereof by a person in a residential flat, it is presumed, until the contrary is proved, that the act was done —

(a) where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or

(b) in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat.

(4)  Where in any proceedings for a contravention of section 17(1)(g), it is proved that any substance or mucus that is the subject of the charge, had been spat by, or expelled from the nose of, a person in a residential flat upon or onto any street or public place, it is presumed, until the contrary is proved, that the substance or mucus was spat or expelled —

(a) where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or

(b) in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat.

(5)  The presumption in subsection (1), (2), (3) or (4) against a person (called in this subsection the presumed offender) is rebutted if it is proved that —

(a) the contravention mentioned in subsection (1), (2), (3) or (4) (as the case may be) was committed by a person other than the presumed offender;

(b) the presumed offender was not present in the residential flat at the time the contravention was committed; or

(c) the presumed offender provided the identity of the person whom the presumed offender reasonably believes to have committed the contravention, to a police officer or an authorised officer within 14 days after being required to do so by the police officer or authorised officer.

(6)  The presumptions in subsections (1), (2), (3) and (4), respectively, only apply in respect of an alleged contravention committed on or after the date of commencement of section 5 of the Environmental Public Health (Amendment) Act 2023.

(7)  For the purposes of this section, the whole residential flat may be leased to 2 or more tenants by —

(a) a single agreement with those tenants; or

(b) separate agreements with one or more of those tenants.

(8)  In this section, “residential flat” means a flat used for residential purposes, including a flat that is leased for residential purposes.

[Act 5 of 2023 wef 01/07/2023]

Building works constituting danger to life, health, etc.

18.  Any person who, during the erection, alteration, construction or demolition of any building or at any time, fails to take reasonable precautions to prevent danger to the life, health or wellbeing of persons using any public place from flying dust or falling fragments or from any other material, thing or substance shall be guilty of an offence.

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

19.—(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 Director‑General may, by written notice, require any person carrying out any construction or earth works to provide or construct any device or facility that the Director‑General 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, spilled or thrown from a vehicle, the driver or person having charge or control of the vehicle is 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 must give any information that the owner may be required to give by a police officer or an authorised officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver of the motor vehicle and such other information as the police officer or authorised officer may require; and

(ii) any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must (if so required) give any information which it is in that person’s power to give, and which may lead to the identification of the driver.

[15/2014]

(4)  Any person who, without reasonable excuse, fails to comply with subsection (3)(b) within 14 days after the date on which the information was required from the person shall be guilty of an offence.

[15/2014]

(5)  A person is not excused from giving any information required of the person by subsection (3)(b) on the ground that the disclosure of the information might tend to incriminate the person.

[15/2014]

Prohibition against dumping and disposing

20.—(1)  Any person who —

(a) dumps or disposes, or causes or permits the dumping or disposal, of any refuse, waste or any other article from a vehicle in a public place; or

[Act 5 of 2023 wef 01/07/2023]

(b) uses, or permits the use of, a vehicle for the purpose of dumping or disposing of any refuse, waste or any other article in a public place,

[Act 5 of 2023 wef 01/07/2023]

shall be guilty of an offence.

(2)  Where the driver or a passenger of a motor vehicle is alleged or suspected to be guilty of an offence under this section —

(a) the owner of the motor vehicle must give any information that the owner may be required to give by a police officer or an authorised officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver or a passenger of the motor vehicle; and

(b) any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must (if so required) give any information which it is in that person’s power to give and which may lead to the identification of the driver and passengers.

[15/2014]

(3)  Any person who, without reasonable excuse, fails to comply with subsection (2) within 14 days after the date on which the information was required from the person shall be guilty of an offence.

[15/2014]

(4)  A person is not excused from giving any information required of the person by subsection (2) on the ground that the disclosure of the information might tend to incriminate the person.

[15/2014]

(5)  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 waste disposal licence granted by the Director-General under section 23(2) or a public disposal facility) may be seized by any police officer, or any authorised officer, and removed to and detained in any police station or Government depot or other place as may be approved by the Director‑General at the risk of the owner for the purposes of proceedings under this Act.

[Act 5 of 2023 wef 01/07/2023]

(6)  Where, upon an application by the Public Prosecutor, it is proved to the satisfaction of a court that a vehicle seized under subsection (5) 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 is to make an order for the forfeiture of the vehicle, even though no person may have been convicted of that offence.

(7)  An order for the forfeiture of a vehicle under subsection (6) may be made by the court before which the prosecution with regard to an offence under subsection (1) has been or will be held.

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

(a) the vehicle seized under subsection (5) is to 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 the person is the owner of the vehicle may personally, or by the person’s agent authorised in writing, give written notice to the Director‑General that the person claims the vehicle.

(9)  Upon receipt of a notice under subsection (8), the Director‑General may direct that the vehicle be released or may refer the matter by information to a Magistrate.

(10)  The Magistrate is to, on receipt of any information under subsection (9), hold an inquiry and proceed to determine the matter and is to —

(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.

(11)  No person is, 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 (5), 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.

Notice to attend Court

21.—(1)  Any person who commits an offence under section 17, 18, 19 or 20 may be arrested without warrant by any police officer or authorised officer, 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 20(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 17(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, $2,000;

(ii) in the case of a second conviction, $4,000; and

(iii) in the case of a third or subsequent conviction, $10,000.

[15/2014]

(2)  Despite subsection (1) or any other written law, any police officer or authorised officer who, having effected an arrest in accordance with this section, is satisfied as to the identity, name and place of residence of the person arrested, may, instead of taking that person before a Court or to a police station, serve upon that person a notice in such form as may be prescribed under section 108 requiring the person to attend at the Court described at the hour and on the date specified in the notice.

(3)  For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or authorised officer may require the person to provide any evidence of identity that he or she may consider necessary.

(4)  A duplicate of the notice mentioned in subsection (2) must be prepared by the police officer or authorised officer (as the case may be) and produced by him or her to a Court, if so required by the Court.

(5)  On an accused person appearing before a Court pursuant to such a notice, the Court is to take cognizance of the offence alleged and is to proceed as though the accused were produced before it under subsection (1).

(6)  If a person upon whom a notice under subsection (2) has been served fails to appear before a Court in accordance therewith, the Court is to thereupon issue a warrant for the arrest of that person.

(7)  Upon a person arrested pursuant to a warrant of arrest issued under subsection (6) being produced before a Court, the Court is to proceed as though the person were produced before it under subsection (1).

[Act 31 of 2022 wef 01/11/2022]

(8)  Upon the conviction of any person under subsection (1), the Director‑General may, in the manner provided in section 89, recover from the person the costs and expenses incurred by the Director‑General in cleaning the public place except that where an offence was committed by any person in the course of his or her employment, the Director‑General may recover the costs and expenses in the manner provided in section 89 from the employer of the person.

(9)  This section applies, with the necessary modifications, to any person who contravenes any regulations made under this Act in respect of public cleansing.

Corrective work order

21A.—(1)  Where a person who is 16 years of age or above is convicted of an offence under section 17 or 19, and if the Court by or before which the person is convicted is satisfied that it is expedient with a view to his or her reformation and the protection of the environment and environmental public health that he or she should be required to perform unpaid work in relation to the cleaning of any premises, the Court is to, in lieu of or in addition to any other order, punishment or sentence and unless it has special reasons for not so doing, make a corrective work order requiring the person to perform that work under the supervision of a supervision officer and in accordance with the provisions of this section and section 21B.

(2)  The number of hours which a person may be required to work under a corrective work order must be specified in the order and must not in the aggregate exceed 12 hours.

(3)  Despite section 307(1) of the Criminal Procedure Code 2010, where a Court makes corrective work orders in respect of 2 or more offences of which the offender has been convicted by or before the Court, the Court may direct that the hours of work specified in any of those orders must be concurrent with or additional to the hours specified in any other of those orders, but so that the total number of hours which are not concurrent do not exceed the maximum specified in subsection (2).

[15/2010]

(4)  In making a corrective work order, the Court is to consider the physical and mental condition of the offender and his or her suitability for carrying out the requirements of that order.

(5)  Before making a corrective work order, the Court is to explain to the offender in ordinary language —

(a) the purpose and effect of the order and in particular the requirements of the order as specified in section 21B or any regulations made under that section;

(b) the consequences which may follow under section 21C if the offender fails to comply with any of those requirements; and

(c) that the Court has under section 21D the power to review the order on the application of the offender or the Director‑General.

(6)  The Minister may, by order in the Gazette, amend subsection (2) by varying the maximum number of hours for the time being specified in that subsection.

Obligations of person subject to corrective work order

21B.—(1)  An offender in respect of whom a corrective work order is in force must —

(a) report to the supervision officer and subsequently from time to time notify him or her of any change of address; and

(b) perform for the number of hours specified in the order such work at such places and times and in such manner as the offender may be instructed by the supervision officer.

(2)  The work required to be performed under a corrective work order must be performed during the period of 12 months beginning with the date of the order; but unless revoked, the order remains in force until the offender has worked under it for the number of hours specified in the order.

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

(4)  The Agency may, with the approval of the Minister, make regulations, not inconsistent with the provisions of this section, to make further provisions for the manner in which a corrective work order may be carried out including the imposition of additional requirements and the service of any instructions or notice on a person in respect of whom that order has been made.

Breach of corrective work order

21C.—(1)  If, at any time while a corrective work order is in force in respect of an offender, it appears to the Court on the application of the Director‑General that the offender has failed to comply with any of the requirements of section 21B or any regulations made under that section (including any failure to perform satisfactorily the work which the offender has been instructed to do), the Court may —

(a) issue a summons requiring the offender to appear before the Court at the place and time specified in the summons; or

(b) issue a warrant for the arrest of the offender.

(2)  If it is proved to the satisfaction of the Court that the offender has, without reasonable excuse, failed to comply with any of the requirements of section 21B or any regulations made under that section, the Court may, without prejudice to the continuance of the corrective work order, order the offender to pay a fine not exceeding $5,000 or may commit the offender to imprisonment for a term not exceeding 2 months.

(3)  A fine or term of imprisonment imposed under this section is deemed to be a fine imposed or a sentence of imprisonment passed on conviction.

Variation and revocation of corrective work order

21D.—(1)  Where a corrective work order is in force in respect of any offender and, on the application of the offender or the Director‑General, it appears to the Court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the Court may in relation to the order —

(a) reduce the number of hours of work which has been specified in the order under section 21A(2); or

(b) extend the period of 12 months mentioned in section 21B(2).

(2)  Where such an order is in force and on any such application it appears to the Court that, having regard to such circumstances, it would be in the interests of justice that the order should be revoked or that the offender should be dealt with in some other manner for the offence in respect of which the order was made, the Court may revoke the order or revoke it and deal with the offender as if the offender had just been convicted of that offence in any manner in which the offender could have been dealt with for that offence by the Court which made the order had the order not been made.

Interpretation of sections 21 to 21D

21E.  In sections 21, 21A, 21B, 21C and 21D —

“corrective work order” means a corrective work order made by a Court under section 21A;

“Court” means a Magistrate’s Court or a District Court;

“offender” means a person who is 16 years of age or above who is convicted of an offence under section 17 or 19;

“supervision officer” means an authorised officer or any other person as the Agency may, with the approval of the Minister, by notification in the Gazette, specify to be a supervision officer for the purpose of supervising the performance of work by an offender under a corrective work order.

PART 3A

WASTE MANAGEMENT

Disposal facilities

Provision of public disposal facilities

22.—(1)  The Director-General may —

(a) provide, acquire, construct and maintain any disposal facility (called in this Act a public disposal facility) for the deposit, disposal and treatment of refuse or waste as he or she may consider necessary; and

(b) make available the facility to any person upon payment of any fees or charges as may be prescribed.

(2)  The Director-General may —

(a) refuse to accept any refuse or waste brought to any public disposal facility without giving any reason; or

(b) accept refuse or waste of any description or kind upon any terms and conditions that he or she may consider necessary.

No disposal facility to be constructed, etc., without waste disposal licence

23.—(1)  A person must not construct, establish, maintain or operate any disposal facility without a waste disposal licence granted by the Director‑General under this section.

(1A)  Without limiting section 99(2), an application for the grant or renewal of a waste disposal licence must —

(a) be in the form and manner specified by the Director-General;

(b) be accompanied by an application fee, if prescribed; and

(c) be accompanied by any prescribed information that the Director-General requires to decide on the application, including but not limited to the following:

(i) a progressive wage plan for the waste disposal workers that the applicant employs who are citizens or permanent residents of Singapore, that complies with the prescribed requirements;

(ii) evidence that such proportion of the waste disposal workers that the applicant employs, have attended such training and at such frequency, as the Director-General may specify.

[Act 5 of 2023 wef 01/07/2023]

(1B)  The Director-General may refuse to consider an application that is incomplete or not made in accordance with subsection (1A).

[Act 5 of 2023 wef 01/07/2023]

(2)  The Director‑General may grant a waste disposal licence authorising any person to construct, establish, maintain or operate any disposal facility.

[Act 5 of 2023 wef 01/07/2023]

(3)  A waste disposal licence may be granted under this section following a public tender or in any other manner that the Director‑General thinks fit.

[Act 5 of 2023 wef 01/07/2023]

(3A)  The Director-General may subdivide waste disposal licences into classes, such as according to the type of waste that may be received, stored, sorted, treated or processed at the disposal facility maintained or operated by the waste disposal licensee, and may grant or renew a waste disposal licence accordingly for one or more such classes.

[Act 5 of 2023 wef 01/07/2023]

(4)  Except as otherwise prescribed under section 99(9), the Director‑General may require any waste disposal licensee to render a payment on the grant of a waste disposal licence under this section or such periodic payments during the currency of the waste disposal licence or both of such amount or amounts as the Director‑General may determine by or under the waste disposal licence.

[Act 5 of 2023 wef 01/07/2023]

(5)  Without limiting section 99(1), conditions attached to a waste disposal licence granted under this section may include —

(a) a condition requiring the waste disposal licensee to comply with any standard of service and level of performance that the Director‑General may specify;

[Act 5 of 2023 wef 01/07/2023]

(b) [Deleted by Act 5 of 2023 wef 01/07/2023]

(c) a condition regulating the charge to be levied by the waste disposal licensee for the provision of the waste disposal facility; and

[Act 5 of 2023 wef 01/07/2023]

(d) a condition requiring the waste disposal licensee not to accept any waste which in the opinion of the Director‑General is not suitable for disposal.

[Act 5 of 2023 wef 01/07/2023]

[Act 5 of 2023 wef 01/07/2023]

(5A)  The Director-General may —

(a) under section 99(1)(c), impose different conditions for different classes of waste disposal licences or waste disposal licensees under different circumstances; and

(b) despite section 99(13), modify any condition or add any new condition during the period to which a waste disposal licence relates, if the Director-General is satisfied that it is in the public interest to do so,

except that any such condition or modification must not be inconsistent with any prescribed condition referred to in section 23A(1) or (2).

[Act 5 of 2023 wef 01/07/2023]

(6)  The Director-General may by written notice require any owner or occupier of any work place to construct, establish, maintain or operate any disposal facility.

(7)  Any person using, working or operating a disposal facility must use, work or operate the disposal facility in any manner that the Director‑General may require.

(8)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction 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 or to imprisonment for a term not exceeding 12 months or to both.

(9)  If in any proceedings for a contravention of subsection (1) it is shown that any premises are being used as a disposal facility, it is presumed, until the contrary is proved, that the occupier of the premises has constructed, established, maintained or operated the disposal facility.

[Act 5 of 2023 wef 01/07/2023]

Prescribed conditions relating to progressive wage model for waste disposal industry

23A.—(1)  For the purpose of regulating and upgrading the standards and productivity in the waste disposal industry in Singapore, regulations may be made under section 111 to impose conditions on waste disposal licensees for the training of waste disposal workers and the payment of progressive wages to waste disposal workers that ensure a more engaged waste disposal workforce and the retention of a core of waste disposal workers who are citizens or permanent residents of Singapore (called in this section resident waste disposal workers).

(2)  Without limiting subsection (1), the prescribed conditions referred to in that subsection may include —

(a) conditions requiring the waste disposal licensee to enter into a contract of service in writing with each waste disposal worker employed by the waste disposal licensee;

(b) conditions requiring every contract of service entered into between the waste disposal licensee and every resident waste disposal worker to provide for the payment of a baseline wage, a progressive wage model bonus or an overtime payment to the resident waste disposal worker, that —

(i) is not less than the amount; and

(ii) in the case of a progressive wage model bonus, is to be paid at the frequency,

specified by order under section 31DA(1) for the class of waste disposal workers that the resident waste disposal worker belongs to;

(c) conditions requiring the waste disposal licensee to ensure that every waste disposal worker employed by the waste disposal licensee satisfies the training requirements as may be specified by the Director-General for the class of waste disposal workers that the waste disposal worker belongs to;

(d) conditions prohibiting the waste disposal licensee from deploying any individual who is not employed by the waste disposal licensee to carry out any waste disposal work, unless the individual is a waste disposal worker employed by another waste disposal licensee; and

(e) conditions requiring the waste disposal licensee to keep such records, accounts or documents relating to the business or activities that the waste disposal licensee is authorised to carry out under the waste disposal licence, as may be prescribed, and retain those records, accounts or documents for a prescribed period.

(3)  The Director-General must not exercise his or her powers under section 99(15)(c) or (d) in relation to a waste disposal licensee for failing to comply with any condition mentioned in subsection (2)(b) unless the Director-General has first consulted the Commissioner for Labour.

[Act 5 of 2023 wef 01/07/2023]

Disposal and treatment of industrial waste

Prohibition against disposal of industrial waste in unauthorised places

24.—(1)  A person must not dispose of or cause or permit to be disposed of industrial waste in or at any place except in or at a public disposal facility or a disposal facility established pursuant to a waste disposal licence granted by the Director-General under section 23(2).

[Act 5 of 2023 wef 01/07/2023]

(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 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 $20,000 and to imprisonment for a term of not less than one month and not more than 12 months.

(3)  For the purposes of this Act, a person is said to dispose of industrial waste if the person burns, sells, gives away, discards, dumps, incinerates, deposits, processes, recycles, throws or treats such waste and “disposal” is to be construed accordingly.

Proper storage of industrial waste

25.  The occupier of any work place where industrial waste is being produced must keep or store the waste before disposal in a proper and efficient manner so as not to create a nuisance or to cause any risk, harm or injury to persons or animals or is likely to pollute the environment.

Notice requiring periodic removal of industrial waste from premises

26.—(1)  The Director-General may, by written notice, require the occupier of any work place to remove periodically industrial waste from such premises to a disposal facility.

(2)  The Director-General may, by written notice, require any occupier upon whom a notice has been served under subsection (1) to provide evidence that the industrial waste from the premises has been disposed of at a disposal facility in accordance with the notice.

27.  [Repealed by Act 15 of 2014]

Industrial waste brought to disposal facility to be recycled or treated

28.  The Director-General may, by written notice, require the occupier of any work place to recycle or treat any industrial waste found or produced in those premises at the occupier’s own expense before it is brought to any disposal facility for disposal.

Dangerous substance or toxic industrial waste not to be brought to disposal facility without permission

29.—(1)  A person who owns or is in possession of any dangerous substance or toxic industrial waste or the residue from the treatment thereof must not bring or cause to be brought the substance or waste to any disposal facility for disposal without the written permission of the Director‑General.

(2)  An application for the written permission mentioned in subsection (1) must be made to the Director‑General giving details of the nature and composition of the dangerous substance or toxic industrial waste and the residue thereof.

(3)  In granting the permission under subsection (1), the Director‑General may, by written notice, require the owner or the person in possession of the dangerous substance or toxic industrial waste to treat such substance or waste at the owner’s or person’s own expense before it is brought to any disposal facility for disposal.

(4)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(5)  Any waste disposal licensee who knowingly allows any dangerous substance or any toxic industrial waste or the residue from the treatment thereof to be disposed of at the disposal facility in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Excessive production of toxic industrial waste

30.  Where in the opinion of the Director‑General the quantity of toxic industrial waste produced in any work place is or is likely to be excessive or unduly toxic, he or she may by notice require the occupier of the work place to —

(a) alter the method of operation or process used in the work place;

(b) alter, install, repair or replace any device, equipment or plant used in the work place;

(c) use other materials or substances other than those used in the work place; or

(d) take any other steps that may be necessary to reduce the quantity or toxicity of such waste.

General

Furnishing of information and keeping, etc., of records on waste and submission of waste reduction plan

30A.—(1)  The Director‑General may, by written notice from time to time, require any owner, occupier or lessee of a work place to do all or any of the following:

(a) to furnish the Director‑General with any information on the amount, type and nature of any waste produced in that work place and any other particulars that may be specified in the notice;

(b) to keep and maintain records containing any information on any waste produced in that work place that may be specified in the notice and retain those records for the period that may be specified in the notice;

(c) to submit to the Director‑General any waste reduction plan for the period and containing information on the targets for waste reduction, measures to reduce waste and the progress of any waste reduction measure contained in any waste reduction plan previously submitted to the Director‑General, and any other particulars relating to waste reduction, that may be specified in the notice.

[15/2014]

(2)  Any person who fails to comply with any notice under subsection (1) shall be guilty of an offence and shall be liable on conviction 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.

[15/2014]

Collection, removal, etc., of waste

[Act 5 of 2023 wef 01/07/2023]

Licensing of persons carrying on business of collecting, removing, etc., of refuse or waste

31.—(1)  A person must not carry on the business of collecting, removing, transporting, storing or importing refuse or waste of any description without a waste collector licence granted by the Director‑General under this section.

(1A)  Without limiting section 99(2), an application for the grant or renewal of a waste collector licence must —

(a) be in the form and manner specified by the Director-General;

(b) be accompanied by an application fee, if prescribed; and

(c) be accompanied by any prescribed information that the Director-General requires to decide on the application, including but not limited to the following:

(i) a progressive wage plan for the waste collection workers that the applicant employs who are citizens or permanent residents of Singapore, that complies with the prescribed requirements;

(ii) evidence that such proportion of the waste collection workers that the applicant employs, have attended such training and at such frequency, as the Director-General may specify.

[Act 5 of 2023 wef 01/07/2023]

(1B)  The Director-General may refuse to consider an application that is incomplete or not made in accordance with subsection (1A).

[Act 5 of 2023 wef 01/07/2023]

(2)  The Director‑General may grant a waste collector licence authorising any person to carry on the business of collecting, removing, transporting, storing or importing refuse or waste of any description.

[Act 5 of 2023 wef 01/07/2023]

(3)  The Director‑General may designate any person who has been granted a waste collector licence under this section as a public waste collector licensee.

[Act 5 of 2023 wef 01/07/2023]

(4)  A waste collector licence may be granted under this section following a public tender or in any other manner that the Director‑General thinks fit.

[Act 5 of 2023 wef 01/07/2023]

(4A)  The Director-General may subdivide waste collector licences, whether granted or renewed before, on or after the date of commencement of section 13(c) of the Environmental Public Health (Amendment) Act 2023, into classes, such as according to the type of refuse or waste that may be collected, removed, transported, stored or imported by the waste collector licensee, and may grant or renew a waste collector licence accordingly for one or more such classes.

[Act 5 of 2023 wef 01/07/2023]

(5)  Except as otherwise prescribed under section 99(9), the Director‑General may require any waste collector licensee to render a payment on the grant of a waste collector licence under this section or such periodic payments during the currency of the waste collector licence or both of such amount or amounts as the Director‑General may determine by or under the waste collector licence.

[Act 5 of 2023 wef 01/07/2023]

(6)  Without limiting section 99(1), conditions attached to a waste collector licence granted under this section may include —

(a) a condition requiring the waste collector licensee to comply with such standard of service and level of performance as the Director‑General may specify;

[Act 5 of 2023 wef 01/07/2023]

(b) a condition restricting, in a manner specified in the waste collector licence, the provision by the waste collector licensee of the service of collecting and removing refuse or waste to premises which are of a class or description so specified and to the area so specified; and

[Act 5 of 2023 wef 01/07/2023]

(c) [Deleted by Act 5 of 2023 wef 01/07/2023]

(d) a condition regulating the charge to be levied by the waste collector licensee for the provision of the service of collecting and removing refuse or waste.

[Act 5 of 2023 wef 01/07/2023]

[Act 5 of 2023 wef 01/07/2023]

(6A)  The Director-General may —

(a) under section 99(1)(c), impose different conditions for different classes of waste collector licences or waste collector licensees under different circumstances; and

(b) despite section 99(13), modify any condition or add any new condition during the period to which a waste collector licence relates, if the Director-General is satisfied that it is in the public interest to do so,

except that any such condition or modification must not be inconsistent with any prescribed condition referred to in section 31AA(1) or (2).

[Act 5 of 2023 wef 01/07/2023]

(7)  Any person who collects or transports refuse or waste of any description must ensure that the refuse or waste or liquid from the refuse or waste is not dropped, scattered or spilled onto any public place.

(8)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Prescribed conditions relating to progressive wage model for waste collection industry

31AA.—(1)  For the purpose of regulating and upgrading the standards and productivity in the waste collection industry in Singapore, regulations may be made under section 111 to impose conditions on waste collector licensees for the training of waste collection workers and the payment of progressive wages to waste collection workers that ensure a more engaged waste collection workforce and the retention of a core of waste collection workers who are citizens or permanent residents of Singapore (called in this section resident waste collection workers).

(2)  Without limiting subsection (1), the prescribed conditions referred to in that subsection may include —

(a) conditions requiring the waste collector licensee to enter into a contract of service in writing with each waste collection worker employed by the waste collector licensee;

(b) conditions requiring every contract of service entered into between the waste collector licensee and every resident waste collection worker to provide for the payment of a baseline wage, a progressive wage model bonus or an overtime payment to the resident waste collection worker, that —

(i) is not less than the amount; and

(ii) in the case of a progressive wage model bonus, is to be paid at the frequency,

specified by order under section 31DA(1) for the class of waste collection workers that the resident waste collection worker belongs to;

(c) conditions requiring the waste collector licensee to ensure that every waste collection worker employed by the waste collector licensee satisfies the training requirements as may be specified by the Director-General for the class of waste collection workers that the waste collection worker belongs to;

(d) conditions prohibiting the waste collector licensee from deploying any individual who is not employed by the waste collector licensee to carry out any waste collection work, unless the individual is a waste collection worker employed by another waste collector licensee; and

(e) conditions requiring the waste collector licensee to keep such records, accounts or documents relating to the business or activities that the waste collector licensee is authorised to carry out under the waste collector licence, as may be prescribed, and retain those records, accounts or documents for a prescribed period.

(3)  The Director-General must not exercise his or her powers under section 99(15)(c) or (d) in relation to a waste collector licensee for failing to comply with any condition mentioned in subsection (2)(b) unless the Director-General has first consulted the Commissioner for Labour.

[Act 5 of 2023 wef 01/07/2023]

Special administration order, etc., made on application by Agency

31A.—(1)  If, on an application made to the Minister by the Agency, the Minister is satisfied, in relation to any public waste collector licensee, that any one or more of the grounds specified in subsection (2) is satisfied, the Minister may make any one or more of the following orders:

(a) a special administration order in relation to that public waste collector licensee;

(b) an order requiring the public waste collector licensee immediately to take action or to do or not to do any act or thing in relation to that part of its business or undertaking to which its licence relates as the Minister may consider necessary;

(c) an order appointing a person to advise the public waste collector licensee on the proper conduct of that part of its business or undertaking to which its licence relates.

[15/2014]

(2)  The grounds mentioned in subsection (1) are —

(a) there has been, is or is likely to be, a contravention by the public waste collector licensee of the conditions of its licence that is serious enough to make it inappropriate for the public waste collector licensee to continue to be designated a public waste collector licensee;

(b) the public waste collector licensee is or is likely to be unable to pay its debts;

(c) a public emergency has occurred;

(d) the Minister considers it in the interest of the security and reliability of waste collection and removal services to the public; or

(e) the Minister otherwise considers it in the public interest.

[15/2014]

(3)  The Agency must immediately give notice of any application under subsection (1) to such persons and in such manner as the Agency may determine.

[15/2014]

(4)  Any order made by the Minister under subsection (1) must be published in a manner that will secure adequate publicity.

[15/2014]

(5)  Any decision of the Minister under subsection (1) is final.

[15/2014]

(6)  For the purposes of this section, in the case of a public waste collector licensee which is a company, the public waste collector licensee is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.

[15/2014; 40/2018]

Meaning and effect of special administration orders

31B.—(1)  A special administration order is an order of the Minister made in accordance with section 31A directing that, during the period for which the order is in force, the affairs, business and property of the public waste collector licensee must be managed directly or indirectly by the Agency —

(a) for securing one or more of the purposes of such an order set out in subsection (2); and

(b) in a manner which protects the respective interests of the members, creditors and customers of that public waste collector licensee.

[15/2014]

(2)  The purposes mentioned in subsection (1)(a) are —

(a) the security and reliability of the supply of waste collection and removal services in any specified area to the public;

(b) the survival of the public waste collector licensee, or the whole or part of its business for which it is authorised by its licence to carry on, as a going concern;

(c) the transfer to another person, or (as respects different parts of its undertaking) to 2 or more different persons, as a going concern, of so much of the public waste collector licensee’s undertaking as it is necessary to transfer in order to ensure that the functions which have been vested in the public waste collector licensee by virtue of its licence may be properly carried out; or

(d) the carrying out of those functions and duties which have been vested in the public waste collector licensee pending the making of the transfer and the vesting of those functions and duties in other person or persons.

[15/2014]

(3)  The Minister may, by rules in the Gazette, give effect to this section and section 31A, including making provision for applying, omitting or modifying provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018 where a special administration order is made.

[15/2014; 40/2018]

[Act 31 of 2022 wef 01/11/2022]

Remuneration and expenses of Agency and others

31C.—(1)  Where a special administration order has been made under section 31A(1)(a), the Agency may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the public waste collector licensee to the Agency.

[15/2014]

(2)  The Agency may, at any time, fix the remuneration and expenses to be paid by a public waste collector licensee to any person appointed by the Minister under section 31A(1)(c), whether or not the appointment of the person has terminated.

[15/2014]

Restrictions on voluntary winding up, etc.

31D.—(1)  Despite the provisions of any other written law —

(a) a public waste collector licensee must not be wound up voluntarily without the consent of the Agency;

(b) no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a public waste collector licensee;

(c) no step may be taken by any person to enforce any security over a public waste collector licensee’s property, except where that person has served on the Agency 14 days’ notice of the person’s intention to take that step;

(d) no step may be taken by any person to enforce a judgment or an order of court obtained against a public waste collector licensee, except where that person has served on the Agency 14 days’ notice of the person’s intention to take that step; and

[Act 25 of 2021 wef 01/04/2022]

(e) no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to a public waste collector licensee, unless that person has served 14 days’ written notice of that person’s intention to make the application on the Agency.

[15/2014; 40/2018]

(2)  The Agency must be a party to —

(a) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a public waste collector licensee; or

(b) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a public waste collector licensee.

[40/2018]

Provisions applicable in respect of
waste disposal licences and waste collector licences

[Act 5 of 2023 wef 01/07/2023]

Amounts specified by Commissioner for Labour for waste management industry

31DA.—(1)  For the purposes of the prescribed conditions referred to in sections 23A(2)(b) and 31AA(2)(b), the Commissioner for Labour must, by order, specify the following that must be paid to every waste management worker who is a citizen or permanent resident of Singapore:

(a) the minimum amount of baseline wage and the date that minimum amount takes effect;

(b) the minimum amount of overtime payment, or the manner of calculating that minimum amount, and the date that minimum amount or manner of calculation (as the case may be) takes effect;

(c) the minimum amount of progressive wage model bonus and the frequency at which the progressive wage model bonus is to be paid, and the date that minimum amount and frequency take effect.

(2)  An order under subsection (1) may specify —

(a) different minimum amounts mentioned in subsection (1)(a);

(b) different minimum amounts or different manner of calculating the minimum amount mentioned in subsection (1)(b); and

(c) different minimum amounts and different frequency of payments mentioned in subsection (1)(c),

for different classes of waste management workers, and may be varied from time to time.

(3)  In making an order under subsection (1), the Commissioner for Labour must consider the recommendations by the Tripartite Cluster for Waste Management on remuneration for waste management workers, if any.

(4)  The Commissioner for Labour must publish every order he or she makes under subsection (1) in any way he or she thinks appropriate to bring the order to the notice of persons who, in his or her opinion, ought to have notice of the order, except that failure to comply with this subsection in respect of any order does not invalidate the order.

(5)  The amount specified under subsection (1)(a) takes effect for the purposes of the prescribed conditions referred to in sections 23A(2)(b) and 31AA(2)(b) even though the baseline wage that would have been payable to a waste management worker under any collective agreement, as defined in section 2 of the Industrial Relations Act 1960, is lower than that amount.

(6)  The amount specified under subsection (1)(b) takes effect for the purposes of the prescribed conditions referred to in sections 23A(2)(b) and 31AA(2)(b) even though the overtime payment as provided for under the Employment Act 1968 that would have been payable to a waste management worker is lower than that amount.

(7)  The Director-General may, by written notice to waste disposal licensees or waste collector licensees (as the case may be), postpone the effective date specified by an order under subsection (1)(a), (b) or (c) —

(a) in relation to waste management workers employed (whether or not exclusively) to carry out waste collection work or waste disposal work before that effective date; and

(b) where the Commissioner for Labour varies the order — in relation to waste management workers employed (whether or not exclusively) to carry out waste collection work or waste disposal work before the variation otherwise takes effect.

(8)  In this section, “Tripartite Cluster for Waste Management” means the body, comprising the representatives from employers, the trade unions of employees, and the Government, which is responsible for making recommendations on progressive wages for waste management workers.

[Act 5 of 2023 wef 01/07/2023]

Monitoring powers

31DB.—(1)  Subject to subsection (2), the Director-General or any authorised officer appointed under section 3(2) may, for the purpose of monitoring a licensee’s compliance with any provision of this Part or any condition of a waste collector licence or waste disposal licence, by written notice —

(a) require the licensee to produce any records, accounts and documents kept by the licensee in relation to —

(i) the business that the licensee is authorised to carry on under the waste collector licence or waste disposal licence; or

(ii) the payment of remuneration to the licensee’s waste management workers,

within such reasonable time as may be specified in the notice;

(b) inspect, examine and make copies of any such records, accounts and documents so produced; and

(c) make any inquiry that may be necessary to ascertain whether any provision of this Part or any condition of the waste collector licence or waste disposal licence, is complied with.

(2)  Where the Director-General or any authorised officer appointed under section 3(2) has received information or has reasonable cause to believe that an offence under this Part or a failure to comply with any condition of a waste collector licence or waste disposal licence has occurred, or is occurring or about to occur, the Director-General or authorised officer may exercise all or any of the powers mentioned in subsection (1) without having to issue any written notice.

(3)  Where the records, accounts and documents mentioned in subsection (1) are kept in electronic form —

(a) the power of the Director-General or authorised officer under subsection (1)(a) to require any such records, accounts or documents to be produced for inspection includes power to require a copy of the records, accounts or documents to be made available for inspection in legible form and subsection (1)(b) applies accordingly in relation to any copy so made available; and

(b) the power of the Director-General or authorised officer under subsection (1)(b) to inspect any such records, accounts or documents includes power to require the licensee or the person who produced the records, accounts or documents on behalf of the licensee or (where the records, accounts or documents are kept at any premises) any person on those premises to give the Director-General or authorised officer any assistance that the Director-General or authorised officer may reasonably require to enable him or her to inspect and make copies of the records, accounts or documents in legible form or to make records of information contained in them.

(4)  Any person who fails, without reasonable excuse, to comply with any requirement imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(5)  In this section, “licensee” means a waste collector licensee or waste disposal licensee.

[Act 5 of 2023 wef 01/07/2023]

PART 3B

DISTRICT PNEUMATIC WASTE CONVEYANCE SYSTEM

[Act 23 of 2023 wef 18/12/2023]

[Act 5 of 2023 wef 01/07/2023]

Interpretation of this Part

31E.  In this Part, unless the context otherwise requires —

“air and ventilation networks” means —

(a) all air and ventilation transmission pipelines or interconnected transmission pipelines; and

(b) other devices and equipment (including pressure regulating and control valves),

used or intended for, or for purposes connected with, conveying or transporting refuse or waste by air suction;

“connection point” means a point situated in, or in immediate proximity to, any premises in a DPWCS area where the refuse pipeline networks are connected to the related internal assets;

“District Pneumatic Waste Conveyance System” or “DPWCS” means a pneumatic waste conveyance system that is established, or required to be established, for a DPWCS area;

“DPWCS area” means an area declared under section 31G(1);

“DPWCS licence” means a licence granted under section 31J to —

(a) establish, operate or maintain a pneumatic waste conveyance system for a DPWCS area; or

(b) do any combination of 2 or more things in paragraph (a);

“DPWCS licensee” means a person to whom a DPWCS licence is granted under this Act;

“pneumatic waste conveyance system” means an automated waste collection system that conveys or transports refuse or waste by air suction from individual premises through a network of pipes to a central location for collection and that consists of —

(a) air and ventilation networks;

(b) refuse pipeline networks; and

(c) related internal assets,

but does not include any disposal facility;

“refuse pipeline networks”  —

(a) means all valves, cables, pipes, regulators, apparatus, equipment or plant or station used for, or for purposes connected with, conveying or transporting refuse or waste by air suction; and

(b) includes any connection point, but does not include any related internal assets;

“related internal assets” means all receptacles (including screw tanks that are used for the temporary storage of refuse or waste), refuse chutes, chute chambers, pipes, valves, control cables and sensors within any premises up to but not including any connection point, that are used for, or for purposes connected with, conveying or transporting refuse or waste by air suction from within any premises to the refuse pipeline networks.

[48/2018]

[Act 5 of 2023 wef 01/07/2023]

Application of this Part

31F.  This Part does not apply to any premises controlled or managed by a Town Council constituted under the Town Councils Act 1988.

[48/2018]

Declaration of DPWCS areas

31G.—(1)  The Minister may, from time to time, by notice in the Gazette, declare an area to be a DPWCS area where a pneumatic waste conveyance system is established, and operated or maintained, for that area under this Part.

[48/2018]

(2)  A notice under subsection (1) must —

(a) define the limits of the DPWCS area; or

(b) state that a plan of the DPWCS area may be inspected at a place and within such time as is specified in the notice.

[48/2018]

(3)  The owner or occupier of every premises within a DPWCS area declared under subsection (1) must use the pneumatic waste conveyance system established, and operated or maintained by the DPWCS licensee for the area.

[48/2018]

(4)  Any person who fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.

[48/2018]

(5)  In proceedings for an offence under subsection (4), it is a defence for the accused to prove, on a balance of probabilities, that the accused had a reasonable excuse for failing to comply.

[48/2018]

Changes affecting DPWCS areas

31H.—(1)  The Minister may, by notice in the Gazette —

(a) revoke any declaration made under section 31G; or

(b) modify an area declared as a DPWCS area under section 31G.

[48/2018]

(2)  A notice under subsection (1)(b) modifying an area declared as a DPWCS area must —

(a) define the part of the DPWCS area that is modified; or

(b) state that a plan of the modification of the DPWCS area may be inspected at a place and within such time as is specified in the notice.

[48/2018]

Notice of declaration, etc.

31I.—(1)  Before making any declaration under section 31G(1) or revoking or modifying a declaration under section 31H, the Minister must give advance notice in the Gazette of the Minister’s intention to make, revoke or modify (as the case may be) the declaration.

[48/2018]

(2)  The notice mentioned in subsection (1) must —

(a) contain either of the following unless the declaration relates to the revocation of a declaration under section 31H:

(i) a definition of the area that is proposed to be declared as a DPWCS area or the part of the DPWCS area that is proposed to be modified; or

(ii) particulars as to where and when a plan of the proposed DPWCS area or of the part of the DPWCS area proposed to be modified may be inspected; and

(b) specify the time (being at least 28 days after the publication of the notice in the Gazette) within which written representations with respect to the intended declaration, or intended revocation or modification of the declaration, may be made.

[48/2018]

(3)  The decision of the Minister after considering any written representation made within the time specified in the notice under subsection (2)(b) is final.

[48/2018]

(4)  If no written representation is received by the Minister within the time specified under subsection (2)(b), or if a written representation made under that subsection is subsequently withdrawn, the Minister may immediately carry out the proposed matters specified in the notice under subsection (1).

[48/2018]

No collection of waste or waste through DPWCS, etc., without licence

31J.—(1)  A person must not —

(a) establish, operate or maintain; or

(b) convey or transport refuse or waste through,

any DPWCS without a DPWCS licence.

[48/2018]

(2)  Without limiting section 99 —

(a) a DPWCS licence may be granted following a public tender or in any other manner that the Director‑General thinks fit;

(b) the Director‑General may require any DPWCS licensee to render a payment on the grant of a DPWCS licence or such periodic payments during the currency of the licence or both of such amount or amounts as the Director‑General may determine by or under the licence; and

(c) the conditions attached to a DPWCS licence may include —

(i) a condition requiring the DPWCS licensee to connect, at its own cost, any premises or part thereof within the DPWCS area covered by its DPWCS licence to the DPWCS in accordance with any specifications that the Director‑General may specify;

(ii) a condition requiring the DPWCS licensee to comply with any code of practice, standard of service and level of performance that the Director‑General may specify;

(iii) a condition requiring the DPWCS licensee to enter into interconnection or sharing agreements in respect of any infrastructure and facilities relating to the DPWCS upon any terms and conditions that the Director‑General may consider necessary; and

(iv) the right of the Director‑General in the public interest to make modifications to any condition of the DPWCS licence or add new conditions during the period to which the licence relates.

[48/2018]

(3)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction 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 or to imprisonment for a term not exceeding 12 months or to both.

[48/2018]

Works by DPWCS licensee

31K.—(1)  Subject to the provisions of this Part, a DPWCS licensee may, in order to carry out the activities which it is authorised or required by its DPWCS licence to do —

(a) install in, on, over, under, along or across any premises or street and inspect, maintain, adjust, repair, alter, restore, replace or remove any valve, cable, pipe, regulator, apparatus, equipment, plant or station which is or is to be part of the DPWCS; and

(b) carry out any activities that are necessary or incidental to the activities falling within paragraph (a), including —

(i) excavating any premises, street, sewer or drain;

(ii) tunnelling or boring under any premises, street, sewer or drain;

(iii) removing or using all earth and materials in or under any premises, street, sewer or drain;

(iv) erecting or placing any valve, cable, pipe, regulator, apparatus, equipment, plant or station in or under any land or street; and

(v) taking any other action that may be necessary to render any valve, cable, pipe, regulator, apparatus, equipment, plant or station safe and efficient.

[48/2018]

(2)  A DPWCS licensee must pay to any person who has suffered damage or loss of value to the person’s property caused by any activity of the DPWCS licensee mentioned in subsection (1) such sum as may be agreed between the DPWCS licensee and the person by way of compensation.

[48/2018]

(3)  Any person who —

(a) hinders, obstructs or delays a DPWCS licensee in the performance of its duties or anything which the DPWCS licensee is authorised, empowered or required to do under subsection (1); or

(b) interferes with any works authorised, empowered or required to be done by a DPWCS licensee under subsection (1),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.

[48/2018]

(4)  Except in the case of an emergency arising from any fault in the DPWCS, a DPWCS licensee must not carry out or cause to be carried out works mentioned in subsection (1) without first giving 14 days’ notice to the owner or occupier of the premises stating as fully and accurately as possible the nature and extent of the acts intended to be done.

[48/2018]

(5)  In this section, a reference to a DPWCS licensee includes a reference to any employee, agent or contractor authorised by the DPWCS licensee for the purposes of this section.

[48/2018]

(6)  To avoid doubt, nothing in subsection (1) derogates from any requirement imposed on the DPWCS licensee by or under any written law to obtain approval from the Government or a statutory authority to carry out any activity mentioned in that subsection.

[48/2018]

Director-General may require owner or occupier to connect to DPWCS

31L.—(1)  The Director‑General may, by written notice, require the owner or occupier of any premises within a DPWCS area to —

(a) reconstruct, rebuild, retrofit or modify, at the owner’s or occupier’s expense, any refuse lift, refuse chute, refuse chamber, refuse bin centre or refuse bin compartment (or any part or component of the foregoing) within the premises to conform to such specifications of the related internal assets as may be prescribed, or if not prescribed, as the Director‑General may require for the good working of the DPWCS;

(b) maintain or operate, at the owner’s or occupier’s expense, any related internal assets according to such specifications as the Director‑General may require;

(c) make or maintain, at the owner’s or occupier’s expense, the connection of the related internal assets to the refuse pipeline networks according to such specifications, and for such period as the Director‑General may require; and

(d) employ or engage only persons that the Director‑General may approve to construct, reconstruct, connect, maintain the connection of, maintain or operate any related internal assets.

[48/2018]

(2)  An owner or occupier who fails to comply with a notice of the Director‑General under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.

[48/2018]

(3)  In proceedings for an offence under subsection (2), it is a defence for the accused to prove, on a balance of probabilities, that the accused had a reasonable excuse for failing to comply.

[48/2018]

Connection charge

31M.—(1)  The owner of any premises within a DPWCS area which is connected to the DPWCS for that DPWCS area must pay to the Agency a charge known as a connection charge of such amount and payable at such time or times as the Agency may, with the approval of the Minister, by order in the Gazette, prescribe.

[48/2018]

(2)  For the purpose of determining the amount of the connection charge under subsection (1), all the costs incurred in the construction of the DPWCS for the DPWCS area, including (but not limited to) the cost of constructing the air and ventilation networks and refuse pipeline networks, but excluding the cost of constructing the related internal assets, may be taken into consideration.

[48/2018]

(3)  For the purposes of subsection (1), the Agency may, with the Minister’s approval, prescribe different amounts of connection charge and different times of payment for persons differently situated, including different amounts of connection charge for premises with different gross floor areas and generating different amounts of refuse.

[48/2018]

(4)  Where the premises mentioned in subsection (1) are comprised in a strata title plan under the Land Titles (Strata) Act 1967, a reference in that subsection to the owner or occupier of the premises is deemed to refer to the management corporation constituted under that strata title plan under that Act.

[48/2018]

Tariff

31N.—(1)  The owner or occupier of any premises within a DPWCS area which is connected to the DPWCS for that DPWCS area must pay to the DPWCS licensee a tariff for, or in respect of, operating or maintaining the DPWCS.

[48/2018]

(2)  The tariff mentioned in subsection (1) —

(a) is of such amount; and

(b) is payable at such time or times,

as the Agency may, with the approval of the Minister, by order in the Gazette, prescribe.

[48/2018]

(3)  For the purpose of determining the amount of the tariff under subsection (2)(a), the following factors may be taken into consideration:

(a) the amount of refuse conveyed from the premises;

(b) the cost of storage of the refuse conveyed from the premises;

(c) the cost of operating, maintaining and replacing the air and ventilation networks and refuse pipeline networks of the DPWCS;

(d) the cost of treatment of exhaust air generated by the pneumatic waste conveyance system to minimise any environmental nuisance.

[48/2018]

(4)  For the purposes of subsection (2), the Agency may, with the approval of the Minister, prescribe different amounts of tariffs and different times of payment for persons differently situated, including different amounts of tariff for premises with different gross floor areas and generating different amounts of refuse.

[48/2018]

(5)  Where the premises mentioned in subsection (1) are comprised in a strata title plan under the Land Titles (Strata) Act 1967, a reference to the owner or occupier of the premises is deemed to refer to the management corporation constituted under that strata title plan under that Act.

[48/2018]

Recovery of connection charge and tariff

31O.—(1)  The connection charge that is payable under section 31M may be recovered by the Agency as a civil debt due to the Agency.

[48/2018]

(2)  The tariff that is payable under section 31N may be recovered as a civil debt due to the DPWCS licensee mentioned in that section.

[48/2018]

Duty to enquire before excavation

31P.  Any person who digs, bores, trenches, grades, excavates, tunnels or breaks any ground with any mechanical equipment, tool or explosive within a DPWCS area or allows the person’s employee or agent to do so, without first ascertaining the location of any refuse pipeline networks that may be interfered with, shall be guilty of an offence and shall be liable on conviction 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.

[48/2018]

Damage to DPWCS

31Q.—(1)  Any person who, whether wilfully or otherwise —

(a) removes, destroys or damages or causes or permits to be removed, destroyed or damaged, any part of a DPWCS; or

(b) hinders or prevents a DPWCS from being used or operated in the manner in which it is intended to be used or operated,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 months or to both.

[48/2018]

(2)  In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

[48/2018]

(3)  If it appears to the Agency that there has been a contravention of subsection (1), the Agency may, by written notice, require any person who has done any of the acts mentioned in that subsection or any other person who may be liable under that subsection by virtue of section 103A (called in this section the person in default) to carry out any works that may be necessary to restore the DPWCS to its original condition, use or operation, or to replace it, within such time as may be specified in the notice.

[48/2018]

(4)  If the Agency is of the opinion that immediate action is necessary or expedient, or that the DPWCS cannot be restored by the person in default, the Agency may, instead of issuing the notice under subsection (3) —

(a) carry out any works that are necessary to restore the DPWCS to its original condition, use or operation, or to replace it; and

(b) recover in a court of competent jurisdiction as a debt due to the Agency all expenses reasonably incurred in doing so from the person in default.

[48/2018]

(5)  If the person to whom a notice is given under subsection (3) fails to comply with the notice within the time specified, the Agency may carry out the works specified in the notice in any manner that the Agency thinks fit and recover in a court of competent jurisdiction as a debt due to it all expenses reasonably incurred in doing so from the person in default.

[48/2018]

(6)  Without affecting the right of the Agency to exercise its powers under subsection (5), any person who fails to comply with a notice given to the person under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.

[48/2018]

(7)  In proceedings for an offence under subsection (6), it is a defence for the accused to prove, on a balance of probabilities, that the accused had a reasonable excuse for failing to comply.

[48/2018]

Relocation, etc., of pneumatic waste conveyance system

31R.—(1)  Where a pneumatic waste conveyance system has been laid in, on, over, under, along or across any land within a DPWCS area and the owner or occupier of the land desires to use the land in a manner which renders it necessary or convenient that the pneumatic waste conveyance system should be moved, the owner or occupier may request the Agency to move, or cause to be moved, the pneumatic waste conveyance system accordingly.

[48/2018]

(2)  The Agency may, at the request of the owner or occupier under subsection (1), relocate the pneumatic waste conveyance system, or cause the pneumatic waste conveyance system to be relocated, if —

(a) the Agency is satisfied that the relocation is reasonable; and

(b) the owner or occupier complies with any terms and conditions that the Agency may impose, including terms and conditions relating to the payment by the owner or occupier of all reasonable costs and expenses (including compensation for any loss that may be incurred by the DPWCS licensee) necessary for the relocation.

[48/2018]

(3)  Where a pneumatic waste conveyance system has been laid in, on, over, under, upon, along or across any land within a DPWCS area and the pneumatic waste conveyance system is no longer in use by the occupier or any other person for the purposes of conveying or transporting refuse or waste by air suction, the DPWCS licensee may of its own volition or must at the reasonable request of the owner, remove the pneumatic waste conveyance system from the land at its own expense.

[48/2018]

(4)  In this section —

“owner” includes any person having a leasehold interest with an unexpired term of at least 7 years;

“pneumatic waste conveyance system” means any part or section of the pneumatic waste conveyance system, other than the related internal assets.

[48/2018]

DPWCS connections not fixtures

31S.  No works, apparatus, fixture, fitting or other equipment used for, for the purposes of, or in connection with, connecting, affixing or fastening the refuse pipeline networks or any part of the refuse pipeline networks to the related internal assets is deemed to be a fixture or vest in the owner of the premises on or within which the related internal assets are constructed or placed.

[48/2018]

Exemption from distress and attachment, etc.

31T.  The air and ventilation networks and refuse pipeline networks of a DPWCS licensee are not subject to distress and are not liable to be taken in execution under any process of a court in any bankruptcy or insolvency proceedings against any person, or under or pursuant to any enforcement order, without the prior written approval of the Minister.

[48/2018]

[Act 25 of 2021 wef 01/04/2022]

Exclusion from requirement for waste collector licence

31U.  A DPWCS licensee is not, by reason only of the fact that the DPWCS licensee is in the business of conveying or transporting refuse or waste through the DPWCS under a DPWCS licence, required to hold a waste collector licence under section 31.

[48/2018]

Application of sections 31A to 31D in relation to DPWCS licensee

31V.  Sections 31A to 31D apply in relation to a DPWCS licensee in the same manner as those sections apply in relation to a public waste collector licensee.

[48/2018]

PART 4

FOOD ESTABLISHMENTS, MARKETS AND HAWKERS

Administration of this Part and Part 9

31W.—(1)  The Director‑General, Food Administration is responsible for the administration of this Part and Part 9, subject to the general or special directions of the Minister charged with the responsibility for food safety.

[11/2019]

(2)  The Director‑General, Food Administration may, subject to the directions of the Minister charged with the responsibility for food safety, appoint any of the following individuals to be an authorised officer for the purpose of assisting the Director‑General, Food Administration in administering and carrying out the provisions of this Part and Part 9:

(a) an employee of the Singapore Food Agency;

(b) an employee of another statutory authority;

(c) a public officer;

(d) an auxiliary police officer appointed under the Police Force Act 2004.

[11/2019]

(3)  The Director‑General, Food Administration may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General, Food Administration by any provision of this Act (except the power of delegation conferred by this subsection) to an authorised officer appointed under subsection (2); and any reference in any provision of this Act to the Director‑General, Food Administration includes a reference to such an authorised officer.

[11/2019]

(4)  Any delegation under subsection (3) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Minister charged with the responsibility for food safety may specify.

[11/2019]

(5)  The Director‑General, Food Administration may, for any reason that appears to him or her to be sufficient, at any time revoke a person’s appointment under subsection (2) as an authorised officer.

[11/2019]

(6)  An individual mentioned in subsection (2)(d) who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Singapore Food Agency.

[11/2019]

Food establishments to be licensed

32.—(1)  A person must not operate or use or knowingly permit a food establishment to be used for any of the purposes specified in the First Schedule without first obtaining a licence from the Director‑General, Food Administration.

[11/2019]

(2)  Upon any conviction for contravening subsection (1), the Director‑General, Food Administration may, by written order addressed to the convicted person, require that the place or premises or any part of the place or premises where the offence took place must no longer be operated or used as a food establishment as from such date as the Director‑General, Food Administration must specify in the order.

[11/2019]

(3)  Where the convicted person fails to comply with any order under subsection (2), the Director‑General, Food Administration —

(a) may take any steps or measures that are necessary to ensure that the order is complied with; and

(b) is entitled to recover from that person the costs and expenses incurred by the Director‑General, Food Administration in doing so.

[11/2019]

Licensing of hawkers operating from stalls, etc.

33.  A person must not —

(a) hawk, sell or expose for sale any food or goods of any kind; or

(b) set up or use any stall, table, showboard, vehicle or receptacle for the purpose of hawking, selling or exposing for sale any food or goods of any kind,

in any street or part of the street or in any premises or public place without first obtaining a licence from the Director‑General, Food Administration.

[11/2019]

Licensing of itinerant hawkers

34.—(1)  A person must not act as an itinerant hawker without first obtaining a licence from the Director‑General, Food Administration.

[11/2019]

(2)  The Director‑General, Food Administration may, subject to any conditions that he or she may think fit, permit licensed itinerant hawkers to occupy stationary positions for any period that he or she may think fit on any site or sites that may from time to time be approved by him or her for this purpose.

[11/2019]

(3)  The Director‑General, Food Administration may prohibit itinerant hawkers from hawking in any place or places that he or she may think fit.

[11/2019]

Director‑General, Food Administration may issue temporary permits

35.  A person must not promote, organise or stage any temporary fair or other such function or activity without first obtaining a permit from the Director‑General, Food Administration.

[11/2019]

Licences for private markets

36.  A person must not use any building, situation or place as a private market without first obtaining a licence from the Director‑General, Food Administration.

[11/2019]

Persons with infectious diseases not to carry on business

37.—(1)  The Director‑General, Food Administration may require any person to whom a licence has been issued under this Part (called in this Part a licensee) or any assistant or employee of the licensee or any applicant for a licence under this Part to submit to medical examination.

[11/2019]

(2)  If the licensee, assistant, employee or applicant is suffering from or is suspected to be suffering from an infectious disease or is suspected to be a carrier of the infectious disease, the Director‑General, Food Administration may require him or her to undergo treatment.

[11/2019]

(3)  The Director‑General, Food Administration may require that treatment to be obtained at any hospital as he or she may think fit.

[11/2019]

(4)  The Director‑General, Food Administration may require any licensee or any assistant or employee of the licensee to submit to immunisation against any infectious disease.

[11/2019]

(5)  Every licensee must ensure that the licensee’s assistant or any person employed by the licensee is immunised against any infectious disease as required by the Director‑General, Food Administration.

[11/2019]

(6)  The Director‑General, Food Administration may, at any time, revoke or suspend any licence issued under this Part if —

(a) the licensee is suffering from an infectious disease;

(b) the licensee knowingly employs any person who is suffering from or is suspected to be suffering from an infectious disease;

(c) the licensee or the licensee’s assistant or employee refuses to comply with any requisition made by the Director‑General, Food Administration under subsection (1), (2) or (3); and

(d) the licensee does not comply with subsection (5).

[11/2019]

Unauthorised structures

38.—(1)  A licensee, stall-holder or other person must not erect any extension or effect any extension to any stall, shed or other place in or out of any food establishment without the permission of the Director‑General, Food Administration or cause any obstruction in any of the passageways or other places therein.

[11/2019]

(2)  The Director‑General, Food Administration may, by written notice, require any person who contravenes subsection (1) to remove any erection, structure or obstruction within a period specified in the notice.

[11/2019]

Cleanliness of markets and stalls

39.—(1)  Every licensee of a private market must keep the market in a clean and sanitary condition.

(2)  Every licensee of a stall must keep the stall and the immediate vicinity of the stall in a clean and sanitary condition.

(3)  Where, in the opinion of the Director‑General, Food Administration, a licensee of a private market or a stall‑holder has failed to comply with subsection (1) or (2) (as the case may be), the Director‑General, Food Administration may, by written notice, require the licensee, within the period that may be specified in the notice, to take any steps that the Director‑General, Food Administration may think fit for the purpose of complying with those subsections.

[11/2019]

Articles of food unfit for human consumption

40.—(1)  A person must not, without lawful excuse, have in the person’s possession for sale by retail any article of food intended for human consumption which is unsound or unfit for human consumption.

(2)  The Director‑General, Food Administration or an authorised officer may at all reasonable times —

(a) enter into and inspect any place which is used, or which he or she has reasonable grounds for believing to be used —

(i) for the sale by retail of articles of food intended for human consumption; or

(ii) for the preparation or storage of such articles intended for sale; and

(b) search any cart or vehicle or any basket, sack, bag, parcel or receptacle which he or she has reasonable grounds for believing to contain for sale by retail articles of food intended for human consumption and may examine any such articles therein.

[11/2019]

(3)  If it appears to the Director‑General, Food Administration or an authorised officer that any such article of food is unsound or unfit for human consumption, the article may be seized by the Director‑General, Food Administration or authorised officer.

[11/2019]

(4)  Any article of food seized may be kept or stored in the place or premises where it was seized or may at the direction of the Director‑General, Food Administration or an authorised officer be removed to any other place or, where the article is likely to decay or is deleterious to health, be destroyed.

[11/2019]

(5)  A certificate signed by the Director‑General, Food Administration is to be accepted by a Magistrate’s Court as sufficient evidence that any article of food seized was unsound or unfit for human consumption at the time of seizure.

[11/2019]

(6)  A person claiming any article of food seized under this section may, within 48 hours after the seizure, complain of the seizure to a Magistrate’s Court.

(7)  The complaint may be heard and determined by the Magistrate’s Court, which may either confirm or disallow the seizure wholly or in part, or may order any article of food seized to be returned to the owner and may order payment to be made to the owner of the article of any amount that the Court considers will compensate the owner for any loss or depreciation resulting from the seizure.

(8)  If within 48 hours after the seizure no complaint has been made, or if the seizure is confirmed, every article of food seized becomes the property of the Singapore Food Agency and must be destroyed or otherwise disposed of so as to prevent the article from being used for human consumption.

[11/2019]

(9)  A person must not obstruct the Director‑General, Food Administration or an authorised officer in the exercise of his or her powers under this section or tamper with any article of food kept or stored in any place or premises under subsection (4).

[11/2019]

Cleanliness of vehicles, equipment, etc.

41.—(1)  Any person who uses a vehicle for the transportation of food must ensure that the surface of the vehicle with which the food is likely to come into contact is kept in a state of cleanliness, good order and condition so as to prevent any risk of contamination of the food.

(2)  The Director-General, Food Administration may, by written notice, require any person who uses a vehicle to transport food to use or install in or on the vehicle any device or equipment as he or she thinks fit to ensure that the food carried in or on the vehicle will not be contaminated.

[11/2019]

Penalties for offences under this Part

41A.—(1)  Any person who contravenes section 32(1), 33, 34(1), 35, 36, 37(5), 38(1), 39(1) or (2), 40(1) or (9) or 41(1) shall be guilty of an offence and —

(a) in the case of any contravention of section 33, 34(1), 37(5), 39(2) or 41(1) —

(i) the person shall be liable on conviction to a fine not exceeding $5,000; and

(ii) where the person is a repeat offender, the person shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and

(b) in the case of any contravention of section 32(1), 35, 36, 38(1), 39(1) or 40(1) or (9) —

(i) the person shall be liable on conviction to a fine not exceeding $10,000; and

(ii) where the person is a repeat offender, the person shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.

[15/2014]

(2)  For the purposes of subsection (1), a person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted, or found guilty, of an offence under that subsection (called the current offence) for contravening section 32(1), 33, 34(1), 35, 36, 37(5), 38(1), 39(1) or (2), 40(1) or (9) or 41(1) —

(a) has been convicted or found guilty on at least one other earlier occasion of an offence under that subsection for contravening the same provision as the current offence; or

(b) has (whether before, on or after 1 April 2014) been convicted or found guilty on at least one other earlier occasion of an offence under section 42(1) in force immediately before that date for contravening the same provision as the current offence.

[15/2014]

Notice to attend Court

42.—(1)  Any person who contravenes any of the provisions of this Part may be arrested without warrant by any police officer or authorised officer and taken before a Magistrate’s Court.

[15/2014]

(2)  Despite subsection (1) or any other written law for the time being in force, any police officer or authorised officer, who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and place of residence of the person arrested, may, instead of taking that person before a Magistrate’s Court or to a police station serve upon that person a notice in any form that may be prescribed under section 108 requiring that person to attend at the Court described at the hour and on the date specified in the notice.

(3)  For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or authorised officer may require the person arrested to furnish such evidence of identity as the officer may consider necessary.

(4)  A duplicate of the notice served under subsection (2) must be prepared by the police officer or authorised officer (as the case may be) and produced by him or her to a Magistrate’s Court if so required by the Court.

(5)  On an accused person appearing before a Magistrate’s Court pursuant to the notice, the Court is to take cognizance of the offence alleged and is to proceed as though he or she were produced before it under subsection (1).

(6)  If a person upon whom a notice under subsection (2) has been served fails to appear before a Magistrate’s Court in accordance with the notice, the Court is to thereupon issue a warrant for the arrest of that person.

(7)  Upon a person arrested pursuant to a warrant issued under subsection (6) being produced before it, a Magistrate’s Court is to proceed as though the person were produced before it under subsection (1).

[Act 31 of 2022 wef 01/11/2022]

(8)  Any stall, together with any appliances and utensils relating thereto and the food or goods intended or exposed for sale, whether or not they appear to be abandoned, belonging or appearing to belong to or in the possession of a person appearing to be committing or to have committed an offence under this Part may be seized by any police officer or authorised officer and removed to and detained in any police station or any other place that may be approved by the Director‑General, Food Administration at the risk of the owner, to abide the directions of a Magistrate’s Court.

[11/2019]

(9)  If any money is found, together with any food, articles, appliances or utensils seized under subsection (8), the money is deemed to be lawfully seized.

(10)  Any money seized under subsection (9) if it is claimed within 48 hours after the seizure by the owner of the money must be returned to the owner whether or not the owner is licensed under this Part.

(11)  Any cooked or uncooked food or perishable articles or goods, seized and removed under subsection (8) and likely to decay may be disposed of immediately.

(12)  If any abandoned articles or goods so seized and detained, other than cooked or uncooked food or perishable articles or goods already disposed of, are claimed within 48 hours after the seizure by the owner thereof (being a person licensed or otherwise lawfully entitled to set up or sell the articles or goods at the place at which the articles or goods were seized), the abandoned articles or goods must be returned to the owner.

(13)  Every seizure must, except when the articles, goods or money have been returned to the owner, be reported to a Magistrate’s Court.

(14)  The Magistrate’s Court is, on convicting any person of an offence under section 41A(1) or on receiving a report in respect of any abandoned articles which were apparently being used in connection with the sale of food or goods, to order the property seized under subsection (8) to be forfeited and to be disposed of in any manner that the Court may think fit.

[15/2014]

(15)  The Magistrate’s Court may, on receiving a report in respect of any abandoned articles which were not apparently being used in connection with the sale of food or goods, order the property seized under subsection (8) to be forfeited and to be disposed of in any manner that the Court thinks fit.

(16)  If the Magistrate’s Court directs the sale of any article, the proceeds or such part of the proceeds as the Court may think fit must be paid to the Singapore Food Agency and the balance (if any) paid to the owner.

[11/2019]

(17)  The Magistrate’s Court may, on convicting any person for an offence under section 41A(1), order any money seized under subsection (9) to be returned to the person if the person satisfies the Court that the person is the owner of the money.

[15/2014]

(18)  The Magistrate’s Court —

(a) on convicting any person for an offence under section 41A(1) and where the person does not satisfy the Court that the person is the owner of any money seized under subsection (9); or

(b) on receiving a report in respect of any abandoned money,

is to order that money to be forfeited and paid to the Singapore Food Agency.

[15/2014; 11/2019]

(19)  This section applies, with the necessary modifications, to any person who contravenes any regulations made under this Act for the control of matters under this Part.

Regulations for this Part

42A.—(1)  The Minister charged with the responsibility for food safety may make regulations for or in respect of every purpose which the Minister considers necessary or expedient for carrying out the provisions of this Part, and in particular —

(a) the control, regulation and supervision of markets (and anything in a market and places in the vicinity of a market) and of persons engaged or employed in a market;

(b) the seizure and disposal of unwholesome meat, fish, fruit, vegetables or other food or drink exposed or intended for sale;

(c) the use and management of stalls, tables or showboards set up for the sale of any goods in public streets or places of public resort;

(d) specifying of streets, places and areas (or parts thereof) at which hawkers are prohibited;

(e) prescribing the articles, or types or classes of articles, that may be sold from or exposed for sale in or on any stall, vehicle or other receptacle in any public street or place or by any itinerant hawker, and premises where any such article is prepared or stored and the manner in which any such article is prepared or transported;

(f) the form and manner in which, and the time within which, an application for a licence or permit or an application to renew a licence or permit may be made, and the information and evidence required to be provided in connection with the application; and

(g) the fees to be paid to the Singapore Food Agency in respect of applications for and the grant and renewal or late renewal of any licence or permit, and otherwise in connection with the administration of this Part, and the waiver, reduction or refund of fees charged.

[11/2019]

(2)  In addition, the regulations made under subsection (1) may —

(a) prescribe the offences under this Part that may be compounded, designate the officers of the Singapore Food Agency who may compound those offences and the maximum sum for which any such offence may be compoundable, which must not exceed one half of the amount of the maximum fine that is prescribed for the offence or $5,000, whichever is lower;

(b) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $20,000 and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and

(c) provide for any transitional, saving and other consequential, incidental and supplemental provisions that are necessary or expedient.

[11/2019]

(3)  All regulations made under this section must be published in the Gazette and be presented to Parliament as soon as possible after publication.

[11/2019]

PART 5

PUBLIC NUISANCES

Public nuisances to be abated

43.  The Director‑General may take any steps that he or she may consider necessary to remove or abate all nuisances of a public nature and may, if he or she considers that the circumstances so warrant, proceed at law against any person committing any such nuisance.

Nuisances liable to be dealt with summarily

44.  For the purposes of this Act, the following are nuisances liable to be dealt with summarily under this Act:

(a) any premises or part of the premises of such a construction or in such a state as to be a nuisance or injurious or dangerous to health;

(b) any pool, gutter, watercourse, earth closet, cesspool, sewer, drain or sanitary conveniences in a foul state or so situate as to be a nuisance or injurious or dangerous to health;

(c) the keeping of any animal, bird, poultry or carcase in such place or manner or in such numbers as to be a nuisance or injurious or dangerous to health;

(d) any dust, effluvium, accumulation or deposit which is a nuisance or injurious or dangerous to health;

(e) the issue of any fumes, vapours, gases, heat, radiation or smells in any premises which is a nuisance or injurious or dangerous to health;

(f) any well, pool or other source, the water from which is used or likely to be used for human consumption and which is so polluted or is likely to become so polluted as to be injurious or dangerous to health;

(g) any tank or receptacle or article capable of containing water or any well, pool, watercourse, ditch or low marshy ground which is injurious to health or offensive to the neighbourhood;

(h) any factory or work place which is not kept in a clean state and free from effluvia arising from any sewer, drain, privy, latrine, earth closet, urinal or other nuisance;

(i) any place where there exists, or is likely to exist, any condition giving rise, or capable of giving rise to the breeding of flies or mosquitoes;

(j) any furnace, chimney, fireplace or other place from which is emitted smoke or other unconsumed combustible matter in such quantity or in such a manner as to be a nuisance or injurious or dangerous to health;

(k) any brickfield, sandpit or any other kind of excavation which is injurious to health or offensive to the neighbourhood or is used for any purpose likely to be injurious to health;

(l) any machinery, plant or any method or process used in any premises which causes a nuisance or is dangerous to public health or safety;

(m) any place where there occurs, or from which there emanates noise or vibration as to amount to a nuisance; or

(n) any other matter declared by this Act to be a nuisance liable to be dealt with summarily.

Nuisance order

45.—(1)  On receipt of any information with respect to the existence of a nuisance liable to be dealt with summarily under this Act, the Director‑General may, if satisfied of the existence of a nuisance, serve a nuisance order on the person by whose act, default or sufferance the nuisance arises or continues, or if the person cannot be found, on the owner or occupier of the premises on which the nuisance arises.

(2)  A nuisance order may —

(a) require works to be executed or things to be done that are necessary to abate the nuisance;

(b) require works to be executed or things to be done that are necessary to prevent the recurrence of the nuisance even though the nuisance has for the time being been abated;

(c) require the stoppage of any work either indefinitely or until such time as the steps which may be specified in the order have been taken to abate or prevent the recurrence of the nuisance; or

(d) prohibit a dwelling house from being used for human habitation.

(3)  A nuisance order must, if the Director‑General thinks it desirable, specify the works to be executed by any person under subsection (2).

(4)  Where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the occupier or the owner of the premises, the Director‑General may cause the nuisance to be abated and may do what is necessary to prevent the recurrence of the nuisance.

(5)  Where a nuisance order prohibits a dwelling house from being used for human habitation, the Director‑General may, when satisfied that it has been rendered fit for human habitation, cancel the nuisance order.

(6)  Where a nuisance order prohibiting a dwelling house from being used for human habitation has not been cancelled, the Director‑General may make a complaint to a Magistrate’s Court if he or she is of the opinion that —

(a) the dwelling house has not been rendered fit for human habitation;

(b) the necessary steps are not being taken with all due diligence to render it so fit; or

(c) the continuance of the dwelling house is dangerous or injurious to the health of the public or of the occupants of the neighbouring dwelling houses.

(7)  A Magistrate’s Court after hearing the complaint may make on the owner a summary order for the demolition of the dwelling house within the time and date specified in the order.

(8)  The order may also contain a direction that the materials of the dwelling house or any part of the materials must be destroyed.

(9)  Where a nuisance order prohibits a dwelling house from being used for human habitation, the Director‑General must serve notice of the order on every occupier of the dwelling house.

(10)  Within the period specified in the order being at least 7 days (except in case of immediate danger) after the service of the order under subsection (9), the order must be obeyed by the occupier and the occupier and his or her family must cease to inhabit the dwelling house, and in default the occupier shall be guilty of an offence and the Magistrate’s Court is, upon application by the Director‑General, to make a summary order for the ejectment of the occupier and the order may be carried into effect by any police officer.

(11)  Any person who fails to comply with a nuisance order served on the person 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 of a day 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 of a day during which the offence continues after conviction.

Execution of order for demolition

46.—(1)  Where an order for the demolition of a dwelling house has been made under section 45(7), the owner of the dwelling house must, within the time mentioned in the order, take down and remove the dwelling house and, if the order for demolition so directs and to the extent mentioned in the order, destroy the materials thereof.

(2)  If the owner fails to comply with subsection (1), the Director‑General or any authorised officer must proceed to take down and remove the building and (if necessary) destroy the materials, and may recover the costs of such work from the owner.

(3)  Section 93 applies to any sum recoverable from any owner under this section.