Singapore legislation
Section 39
Section 39
Power to prohibit work and processes in certain circumstances
(1)
Where the Agency has reason to believe that the emission of air impurities, the discharge of trade effluent or the emission or discharge of any hazardous substance or toxic substance from any premises is likely to cause pollution of the environment or be injurious to public health or safety, the Agency may by order direct the owner or occupier of the premises —
to cease immediately the carrying on of any trade or industrial process, or operation of any fuel burning equipment or industrial plant, in or on the premises which produces the air impurities, trade effluent, hazardous substance or toxic substance in or for the period that may be specified in the order;
to cease immediately the emission of air impurities, discharge of trade effluent, emission or discharge of hazardous substance or toxic substance into the atmosphere or any land, drain or inland waters; or
to take steps that may be specified in the order to collect, store and treat the trade effluent, hazardous substance or toxic substance either indefinitely or until the steps specified in the order have been taken and to treat the trade effluent, hazardous substance or toxic substance before it is discharged into any public sewerage system, drain or inland waters.
(2)
The owner or occupier of any premises who fails to comply with an order made under subsection (1) 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 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.
(3)
Where the owner or occupier of any premises has failed to comply with an order made under subsection (1), the Director‑General may, at all reasonable times, enter upon the premises and take such measures and execute such work as may be necessary to comply with the order.
(4)
Any person who is aggrieved by an order made under subsection (1) may, within 30 days from the date of the order, appeal to the General Division of the High Court which may rescind or vary the order.
(5)
Even though an appeal has been made under subsection (4), an aggrieved person must comply with the order pending the outcome of the appeal to the General Division of the High Court and the Director‑General may exercise the powers conferred under subsection (3).