National Environment Agency Act 2002

National Environment Agency
Act 2002

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 establish and incorporate the National Environment Agency, to provide for its functions and powers, and for matters connected therewith.

[1 July 2002]

PART 1

PRELIMINARY

Short title

1.  This Act may be cited as the National Environment Agency Act 2002.

Interpretation

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

“accreditation, certification or inspection mark” means any accreditation, certification or inspection mark of the Agency specified under section 12(b);

“Agency” means the National Environment Agency established under section 3;

“auxiliary officer” means an individual who is appointed as an auxiliary officer under section 16A(1);

“Chairperson” means the Chairperson of the Agency and includes a temporary Chairperson of the Agency;

“chief executive” means the chief executive of the Agency, and includes any individual acting in that capacity;

“Deputy Chairperson” means the Deputy Chairperson of the Agency and includes a temporary Deputy Chairperson of the Agency;

“environmental written law” means a written law administered by any of the following:

(a) the Agency;

(b) the Director-General of Environmental Protection appointed under section 3(1) of the Environmental Protection and Management Act 1999;

(c) the Director-General of Public Health appointed under section 3(1) of the Environmental Public Health Act 1987;

“member” means a member of the Agency and includes a temporary member of the Agency.

[4/2016; 5/2018]

PART 2

ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AGENCY

Establishment and incorporation of National Environment Agency

3.  A body called the National Environment Agency is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of —

(a) suing and being sued;

(b) acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and

(c) doing and suffering all other acts or things that a body corporate may lawfully do and suffer.

Common seal

4.—(1)  The Agency must have a common seal that may be broken, changed, altered or made anew as the Agency thinks fit.

(2)  All deeds and other documents requiring the seal of the Agency must be sealed with the common seal of the Agency.

(3)  All instruments to which the common seal is affixed must be signed by —

(a) any 2 members generally or specially authorised by the Agency for the purpose; or

(b) one member and the chief executive.

(4)  The Agency may, by resolution or otherwise in writing, appoint any officer of the Agency or any other agent either generally or in any particular case to execute or sign on behalf of the Agency any agreement or other instrument not under seal in relation to any matter coming within the powers of the Agency.

(5)  All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Agency affixed to any document and presume that it was duly affixed.

Membership of Agency

5.—(1)  The Agency consists of —

(a) a Chairperson;

(b) a Deputy Chairperson; and

(c) not less than 5 but not more than 12 other members,

all of whom must be appointed by the Minister.

(2)  The Minister may appoint the chief executive to be a member.

Chairperson may delegate functions

6.  The Chairperson may in writing authorise any member to exercise any power or perform any function conferred on the Chairperson by or under this Act.

Term of office of members

7.—(1)  A member holds office on such conditions and for such term, not exceeding 3 years, as the Minister specifies in the member’s appointment.

(2)  Any member may at any time by written notice to the Minister resign from his or her office.

(3)  The Minister may at any time revoke the appointment of any member without giving any reason.

(4)  If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the remainder of the term for which the vacating member was appointed.

(5)  The Agency must pay to the Chairperson, the Deputy Chairperson and other members such salaries, fees and allowances as the Minister may determine.

Temporary Chairperson, etc.

8.  The Minister may appoint any person to be a temporary Chairperson, temporary Deputy Chairperson or temporary member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson, Deputy Chairperson or any member, as the case may be.

Meetings and proceedings of Agency

9.—(1)  The quorum at every meeting of the Agency is the higher of the following:

(a) one‑third of the total number of members in office;

(b) 4 members.

[2/2012]

(2)  The Chairperson or, in his or her absence, the Deputy Chairperson presides at all meetings of the Agency and, in the absence of the Chairperson and the Deputy Chairperson, the members present must elect one of their number to preside.

(3)  Meetings of the Agency must be held at such times and places as the Chairperson may determine.

(4)  All questions arising at any meeting must be decided by a majority of votes of the members present and voting.

(5)  At any meeting of the Agency, the Chairperson or, in his or her absence, the Deputy Chairperson has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote.

(6)  The validity of any proceedings of the Agency is not affected by any vacancy amongst its members or by any defect in the appointment of any member.

(7)  Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Agency may regulate its own proceedings.

[5/2018]

10.  [Repealed by Act 5 of 2018]

PART 3

FUNCTIONS, DUTIES AND POWERS OF AGENCY

Functions and duties of Agency

11.—(1)  Subject to the provisions of this Act, the functions and duties of the Agency are as follows:

(a) to identify, undertake research into, and conduct investigations and surveillance of environmental health concerns and vectors of infectious agents, and to develop strategies of prevention and control in connection with such matters;

(b) to undertake licensing, provision of consultancy services, and promotion of professionalism in relation to pest control, environmental and other related industries;

(c) to coordinate the implementation and management of upgrading programmes for hawker centres and the review of hawker policies;

(d) to ensure cleanliness of public areas through the supervision of cleansing services and the prevention of littering;

(e) to ensure adequate provision of cremation, columbaria and burial services and facilities;

(f) to manage and regulate air emissions from industrial premises, trade premises and vehicles;

(g) to monitor and assess the water quality of inland and coastal waters, and to manage and regulate the discharge of trade effluent, oil, chemicals, sewage and any other polluting matter into water courses or on land;

(h) to construct, develop, manage and regulate refuse treatment and disposal facilities and to regulate refuse collection and disposal;

(i) to control land contamination and regulate the remediation of contaminated land;

(j) to regulate the fumigation of premises and articles with hydrogen cyanide or any other fumigant;

(k) to regulate the import, export, possession, storage, transportation, sale and use of hazardous substances and the import, export, storage, transportation, collection, treatment and disposal of toxic industrial waste;

(l) to manage and regulate environmental noise, and to monitor and assess ambient air and noise levels;

(m) to promote energy efficiency, the use of clean energy, the use of clean technologies, the use of efficient pollution control technologies and waste recycling;

(n) to manage on behalf of the Government any land, building or other property of the Government used in connection with waste recycling;

(o) to embark on educational programmes to promote and encourage public awareness of and participation in environmental matters;

(p) to provide advice on environmental pollution threats and disasters, and to develop and review standards and policies on environmental protection and environmental health;

(q) to provide meteorological services for users, including government agencies, aviation and shipping communities and the general public;

(r) to conduct meteorological observations, maintain reliable climatological records of Singapore and provide advice on meteorological matters;

(s) to monitor and maintain records of seismological activities affecting Singapore;

(t) to advise and make recommendations to the Government on matters, measures and regulations related to or connected with the environment, radiation, meteorology and seismology;

(u) to represent the Government internationally on matters related to or connected with the environment, radiation, meteorology and seismology;

(v) to control and regulate the import, export, possession, storage, transportation, sale and use of radioactive materials and irradiating apparatus;

(w) to carry out any other functions imposed upon the Agency by or under this Act or any other written law.

[27/2007; 11/2019]

(2)  The Agency may undertake any other functions that the Minister may assign to the Agency and in so doing, the Agency is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Agency in respect of those functions.

(3)  Nothing in this section is to be construed as imposing on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

Powers of Agency

12.  The Agency has power to do anything for the purpose of discharging its functions under this Act, or which is incidental or conducive to the discharge of those functions and, in particular, may —

(a) prescribe and implement regulatory policies, strategies, measures, standards or any other requirements on any matter related to or connected with environmental health, environmental protection, radiation control, resource conservation, waste minimisation, waste recycling, waste collection and disposal and any other subject matter that may be necessary for the performance of the functions of the Agency;

(b) specify, by notification in the Gazette, all the accreditation, certification or inspection marks of the Agency for use in relation to any function of the Agency, and control the use of those marks;

(c) regulate, accredit or certify any person to carry out any test, study, activity or service related to or connected with environmental pollution control, radiation control, resource conservation, waste minimisation, waste recycling and waste collection and disposal;

(d) request information from and collaborate or cooperate with any person, whether in Singapore or elsewhere, on matters related to or connected with weather, climate, environmental health, environmental protection, radiation control, resource conservation, waste minimisation, waste recycling, waste collection and disposal and any other subject matter that may be necessary for the performance of the functions of the Agency;

(e) collect, analyse, compile, publish or disseminate information of a statistical nature related to or connected with weather, climate, environmental health, environmental protection, radiation control, resource conservation, waste minimisation, waste recycling, waste collection and disposal and any other subject matter that may be necessary for the performance of the functions of the Agency;

(f) prescribe training requirements for matters related to or connected with environmental health, environmental protection, radiation control, resource conservation, waste minimisation, waste recycling and waste collection and disposal, and provide training, conduct tests or award certificates of proficiency;

(g) establish meteorological offices and observation stations, arrange with any agency, authority or person to take and record meteorological observations and transmit meteorological reports and information;

(h) with the Minister’s approval, form or participate in the formation of any company, partnership or joint venture as a shareholder or partner or in any other capacity;

(i) enter into such contracts as may be necessary or expedient for the purpose of discharging its functions or duties;

(j) become a member or an affiliate of any international body the functions or duties of which are similar to those of the Agency;

(k) receive grants, donations or contributions from any source, or raise funds by all lawful means and apply those funds for any of its functions or duties;

(l) charge fees for the issuance of any licence or approval, and fees, charges or commissions for services rendered by the Agency or for the use of any facilities of the Agency; and

(m) do anything incidental or necessary to any of its functions or powers.

[27/2007]

Directions by Minister

13.  The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018.

[5/2018]

Committees

14.—(1)  The Agency may appoint, alter or discharge committees, consisting of one or more persons (whether members or not), and define or vary the terms of reference of those committees.

(2)  Subject to the provisions of this Act and the Public Sector (Governance) Act 2018 and to the control of the Agency, each committee appointed under this section may regulate its procedure in such manner as the committee thinks fit.

[5/2018]

Delegation of powers

15.—(1)  The Agency may in respect of a specified matter or class of matters, by writing, delegate to any member, officer or committee of the Agency any of its powers under this Act or under any other written law.

[5/2018]

(2)  Every member, officer or committee purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

PART 4

PROVISIONS RELATING TO STAFF

Chief executive, officers and employees, etc.

16.—(1)  There must be a chief executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.

[5/2018]

(2)  The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive —

(a) is absent from duty or Singapore; or

(b) is, for any reason, unable to perform the duties of the office.

[5/2018]

(3)  The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.

[5/2018]

Appointment of auxiliary officers

16A.—(1)  The Agency may in writing appoint an individual (who may or may not be a public officer) to be an auxiliary officer to assist the officers and employees of the Agency in the performance of any function of the Agency.

[4/2016]

(2)  The Agency may, for any reason that appears to the Agency to be sufficient, at any time revoke an individual’s appointment as an auxiliary officer.

[4/2016]

(3)  An auxiliary officer is to be issued with such equipment, or such description of equipment, as the chief executive may determine necessary for the effectual discharge of the duties of an auxiliary officer.

[4/2016]

(4)  An auxiliary officer is not an officer or employee of the Agency.

[4/2016]

(5)  An individual who is appointed as an auxiliary officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Agency.

[4/2016]

Protection from personal liability

17.—(1)  No suit or other legal proceedings shall lie personally against any member, officer or employee of the Agency or other person acting under the direction of the Agency for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law.

(2)  A claim against the Agency or Government does not arise solely on the ground that —

(a) a product or process conforms to or is alleged to conform to a standard accepted by the Agency; or

(b) a certificate, brand, marking or any other thing is issued for use or is used by the Agency in connection with, in respect of or in relation to, a product or process.

(3)  Where the Agency provides a service to the public by which information is supplied to the public, neither the Agency nor any of its employees involved in the supply of that information is liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith and in the ordinary course of the discharge of the duties of such employees.

18.  [Repealed by Act 5 of 2018]