Singapore legislation

Section 42

of Environmental Protection and Management Act 1999

Section 42

Appeal against notice or order

(1)

Where a person on whom a notice or order mentioned in section 41(1) is served is aggrieved by the notice or order —

(a)

the person may, within 14 days from the date the notice or order is served and in the prescribed form and manner, appeal to the Minister; and

(b)

no liability to a fine under section 41(1)(a) arises nor, except as provided for in this section, may any proceedings be taken or work done under the notice or order until after the appeal is determined or abandoned.

(2)

Where an appeal is brought under this section, the Minister may dismiss or allow the appeal unconditionally or subject to any conditions that the Minister considers fit, and any decision the Minister makes on the appeal is final.

(3)

Where an appeal has been brought under this section, and the Minister is of the opinion that —

(a)

the non-execution of the notice or order will be injurious or dangerous to public health; and

(b)

the immediate execution of the notice or order will not cause any injury to the person against whom the notice or order was made which cannot be compensated by damages,the Minister may authorise the Director‑General immediately to execute the work.

(4)

The Director-General must, if he or she carries out the work and the appeal is successful, pay the costs and expenses of the work and any damages sustained by the appellant by reason of the work.

(5)

The Director-General may, if he or she carries out the work and the appeal is dismissed or abandoned, recover the costs and expenses of the work from the appellant, and section 51 and, if the appellant is the owner of the premises in respect of which the notice or order was made, section 53 apply to any sum recoverable from the appellant under this section.