Singapore legislation
Section 35
Section 35
Principal contractor to prevent pollution from construction site
(1)
A principal contractor of a construction site who has control of the construction site must not permit any person to commit an offence specified under section 14, 15 or 17 (called in this section the offence).
(2)
Where there is a contravention of section 14, 15 or 17 at any construction site, it is presumed, until the contrary is proved, that the principal contractor of the construction site —
had control of the construction site;
had knowledge of the commission of the offence at the construction site; and
had permitted the commission of the offence at the construction site.
(3)
The presumptions provided for in subsection (2)(b) and (c) are not rebutted unless the defendant proves that the defendant had exercised due diligence to prevent the commission of the offence at the construction site.
(4)
For the purposes of subsection (3), a defendant is not to be presumed to have exercised due diligence unless the defendant had taken all reasonable measures to prevent the offence from being committed at the construction site, including all the measures prescribed under subsection (5) in respect of the construction site.
(5)
For the purposes of subsection (4), the Agency may, with the approval of the Minister, by notification in the Gazette, prescribe the measures that the principal contractor of the construction site is required to take.
(6)
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to the same punishment for an offence under section 14, 15 or 17, as the case may be.
(7)
In this section, “principal contractor” means a person who has entered into a contract with an owner, a developer or a lessee of a property or agent of the owner, developer or lessee for the purpose of carrying out any construction works on the property.