Singapore legislation
Section 38
Section 38
Power to prohibit work and processes in certain circumstances
(1)
Where the Director reports to the Minister that any trade effluent which is being discharged from any premises into the public sewerage system, or any drain, river, lake, pond or reservoir, is dangerous to health or safety or will cause damage to the public sewerage system, the Minister may by order direct the occupier of the premises —
to cease forthwith the discharge of such trade effluent into the public sewerage system or any drain, river, lake, pond or reservoir;
to take such steps as may be specified in the order to treat the trade effluent which is complained of; and
to cease forthwith the carrying on of any process or work which produces the trade effluent either indefinitely or until such steps have been taken, as is specified in the order, and to treat such trade effluent before it is discharged into the public sewerage system or any drain, river, lake, pond or reservoir.
(2)
The occupier of any premises who fails to comply with an order 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 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
(3)
Where the occupier of any premises has failed to comply with an order under subsection (1), the Director may at all reasonable times enter upon the premises and take such measures and execute such work as may be necessary to comply with the order.
(4)
Any person who is aggrieved by an order made by the Minister under subsection (1) may within 28 days from the date of the order appeal to the High Court which may rescind or vary the order.
(5)
Notwithstanding that an appeal has been made under subsection (4), an aggrieved person shall comply with the order pending the outcome of the appeal to the High Court and the Director may exercise the powers conferred under subsection (3).[37