Singapore legislation
Section 24B
Section 24B
Duties of qualified persons appointed to supervise development or works
(1)
Every qualified person who is appointed under section 19A to supervise the carrying out of any development or works must —
take all reasonable steps and exercise due diligence in supervising and inspecting the development or works (as the case may be) to ensure that the development or works are carried out in accordance with —
the provisions of this Act;
the conditions and requirements imposed by the competent authority in the planning permission or conservation permission, as the case may be; and
the relevant plans approved by the competent authority in the grant of planning permission for the development or conservation permission for the works, as the case may be;
notify the competent authority of any contravention of or non‑compliance with any provision, condition, requirement or plans mentioned in paragraph (a)(i), (ii) or (iii);
take all reasonable steps to immediately stop or cease the contravention or non‑compliance mentioned in paragraph (b); and
submit to the competent authority such reports and declarations as the competent authority may require (other than a declaration required under this section).
(2)
A qualified person —
who fails to comply with the requirement mentioned in subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; or
who fails to comply with the requirement mentioned in subsection (1)(b), (c) or (d) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(3)
In any prosecution for an offence under subsection (2)(b) for failing to notify or stop the contravention or non‑compliance mentioned in subsection (1)(b) or (c), it is a defence for the qualified person charged to prove to the satisfaction of the court that the qualified person did not know and could not reasonably have discovered the contravention or non‑compliance.
(4)
A qualified person appointed under section 19A must, within such period as the competent authority may specify in the planning permission or conservation permission or within such extended time as the competent authority may give in writing, submit the qualified person’s declaration to the competent authority that, to the best of the qualified person’s knowledge and belief, the development or works are carried out in accordance with —
the provisions of this Act;
the conditions and requirements imposed by the competent authority in the planning permission or conservation permission, as the case may be; and
the relevant plans approved by the competent authority in the grant of planning permission for the development or conservation permission for the works, as the case may be.
(5)
Where any qualified person appointed under section 19A becomes unwilling to act or unable, whether by reason of the termination of the qualified person’s appointment or for any other reason, to carry out the qualified person’s duties under this Act, the qualified person must, within 14 days after ceasing to carry out the qualified person’s duties —
notify the competent authority of that fact; and
submit the qualified person’s declaration to the competent authority that, to the best of the qualified person’s knowledge and belief, the development or works carried out during the period of the qualified person’s appointment are in accordance with —
the provisions of this Act;
the conditions and requirements imposed by the competent authority in the planning permission or conservation permission, as the case may be; and
the relevant plans approved by the competent authority in the grant of planning permission for the development or conservation permission for the works, as the case may be.
(6)
A qualified person —
who fails to comply with the requirement mentioned in subsection (4) or (5)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or
who fails to comply with the requirement mentioned in subsection (5)(a) 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 6 months or to both.
(7)
In relation to a continuing failure to comply with the requirement mentioned in subsection (1), (4) or (5) —
the qualified person convicted of an offence under subsection (2) or (6) (as the case may be) for that failure shall be liable to an additional fine not exceeding $1,000 for each day or part of a day the qualified person fails to comply with the requirement mentioned in subsection (1), (4) or (5), as the case may be; and
if the failure to comply continues after the conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the failure to comply continues after conviction.