Singapore legislation
Section 20
Section 20
Prohibition against dumping and disposing
(1)
Any person who —
dumps or disposes of any refuse, waste or any other article from a vehicle in a public place; or
uses a vehicle for the purpose of dumping or disposing of any refuse, waste or any other article in a public place,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 —
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
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.
(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.
(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.
(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 licence granted by the Director‑General under section 23(1) 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.
(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) —
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
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 —
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
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.