Singapore legislation

Section 15

of Miscellaneous Offences(Public Order and Nuisance) Act 1906

Section 15

Relief for occupier of premises from nuisance

(1)

A Magistrate’s Court may act under this section on a complaint made by the occupier of any premises on the ground that the occupier of the premises is aggrieved by noise amounting to a nuisance.

(2)

If the Magistrate’s Court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises, the Court is to make an order for either or both of the following purposes:

(a)

requiring the defendant to abate the nuisance, within a time specified in the order and to execute any works necessary for that purpose;

(b)

prohibiting a recurrence of the nuisance, and requiring the defendant, within a time specified in the order, to execute any works necessary to prevent the recurrence.

(3)

Proceedings under this section are to be brought against the person responsible for the nuisance or, if that person cannot be found, against the owner or occupier of the premises from which the noise is emitted or would be emitted.

(4)

A person who without reasonable excuse contravenes any requirement of an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(5)

In any proceedings for an offence under this section in respect of noise caused in the course of a trade or business, it is a defence to prove that the best practicable means have been used for preventing, or for counteracting the effect of, the noise.

(6)

In this section —

Definition

“noise” includes vibration;

Definition

“person responsible”, in relation to the emission of noise, means the person to whose act, default or sufferance the noise is attributable; and where more than one person is responsible for the noise, this section applies to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance, or would result in a level of noise justifying any proceedings under this section;

Definition

“practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications.

Section 15 — Miscellaneous Offences(Public Order and Nuisance) Act 1906