Singapore legislation
Section 31L
Section 31L
Failed construction materials
(1)
This section shall apply to any essential construction material the quality of which the Authority determines is not acceptable for use in any building works, street works or railway works in Singapore (referred to hereafter as failed construction material).
(2)
Where the Authority, after considering the findings of an authorised analyst in relation to any consignment of essential construction material imported by a licensee, is satisfied that the essential construction material is of acceptable quality for use in any building works, street works or railway works in Singapore, the Authority shall by notice in writing to the licensee concerned immediately lift the isolation order (if any) to which the consignment of essential construction material is subject.
(3)
Where the Authority, after considering the findings of an authorised analyst, is of the view that a consignment of essential construction material imported by a licensee is failed construction material, the Authority may by notice in writing —
refuse to lift any isolation order in respect of the consignment; and
require the licensee to comply with subsection (4) or (5), as the case may be.
(4)
Where the failed construction material is a sample taken for evaluation under section 31J(4), the licensee to whom a notice in subsection (3)(b) is given shall —
at his own expense and within the prescribed time, remove from Singapore any remaining failed construction material in his possession, and any other essential construction material (whether or not from the same consignment) extracted or won from the same site as that from which the failed construction material was extracted or won, or destroy or otherwise dispose of it in the prescribed manner; and
immediately cease to further import, supply or use in any building works, street works or railway works in Singapore the essential construction material extracted or won from the same site as that from which the failed construction material was extracted or won, except under such circumstances, in such manner and within such time as may be approved by the Authority.
(5)
Where the failed construction material is a sample taken for evaluation under section 31J(6), the licensee to whom a notice in subsection (3)(b) is given shall, in addition to complying with the requirements of subsection (4)(a) and (b), at his own expense and within the prescribed time, notify in the prescribed manner —
every person to whom the licensee has supplied essential construction material between the date of entry into Singapore of the consignment of failed construction material and the 7th day after the authorised analyst’s certificate relating to that consignment is received by the Authority (both days inclusive); and
the Authority of the identity and business address of every such person in paragraph (a) so notified.
(6)
Where a licensee to whom subsection (4) or (5) applies fails to remove the failed construction material and other essential construction material from Singapore or destroy or otherwise dispose of it in accordance with the manner prescribed —
an enforcement officer or assisting officer may take such steps as he thinks fit to secure the removal, destruction or disposal of the failed construction material and other essential construction material; and
the Authority may recover from that licensee (as a debt due to the Authority) any costs and expenses reasonably incurred by the enforcement officer or assisting officer in doing so.
(7)
Subsection (4)(b) shall not prejudice the enforcement by any person of any right or claim against a licensee on whom a direction under that subsection is served or by such a licensee of any right or claim against any person.
(8)
The licensee concerned shall bear the costs of and incidental to any evaluation of any essential construction material required in connection with the licensee seeking the approval of the Authority under subsection (4)(b).