Singapore legislation

Section 62D

of Environmental Public Health Act 1987

Section 62D

Monitoring powers for purposes of sections 62A, 62B and 62C

Amended by33/202033/202033/202033/202033/202033/2020

(1)

The Director-General or an authorised officer appointed under section 3(2) may, by written notice —

(a)

inspect any specified premises, for the purposes of administering or enforcing section 62A or 62B or ascertaining whether that section has been complied with; or

(b)

inspect any premises or public service vehicle in respect of which a directive is given under section 62C(1), for the purpose of ascertaining whether the directive has been complied with.

Amended by33/2020

(2)

The Director-General or an authorised officer appointed under section 3(2) may also, by written notice, require the Environmental Control Coordinator or Environmental Control Officer for any specified premises to provide, within a reasonable period, and in the form and manner specified in the notice, all documents and information which —

(a)

relate to any matter which the Director‑General or authorised officer considers necessary for the purposes of administering or enforcing section 62A or 62B or ascertaining whether that section has been complied with; and

(b)

are —

(i)

within the knowledge of the Environmental Control Coordinator or Environmental Control Officer; or

(ii)

in the custody or under the control of the Environmental Control Coordinator or Environmental Control Officer.

Amended by33/2020

(3)

The power to require an Environmental Control Coordinator or an Environmental Control Officer to provide any document or information under subsection (2) includes the power —

(a)

to require the Environmental Control Coordinator or Environmental Control Officer to provide an explanation of the document or information;

(b)

if the information is recorded otherwise than in legible form, to require the information to be made available in legible form to the Director‑General or an authorised officer appointed under section 3(2); and

(c)

if the document or information is not provided, to require the Environmental Control Coordinator or Environmental Control Officer to state, to the best of his or her knowledge and belief, where it is and how it may be obtained.

Amended by33/2020

(4)

The Director-General or an authorised officer appointed under section 3(2) is entitled without payment to make and retain copies of any document or information provided to the Director‑General or authorised officer under subsection (2).

Amended by33/2020

(5)

Any individual who, without reasonable excuse, fails to do anything required of the individual by a notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amended by33/2020

(6)

For the purposes of subsection (5), it is a reasonable excuse for an individual to refuse or fail to provide any document or information which the individual is required by a notice under subsection (2) to provide if doing so might tend to incriminate that individual.

Amended by33/2020