Singapore legislation

Section 53

of Environmental Protection and Management Act 1999

Section 53

Recovery of costs and expenses payable by owners

(1)

All sums payable by or recoverable from an owner of any premises in respect of costs and expenses incurred by the Agency in connection with the execution of any work which are under this Act recoverable from an owner of any premises are, subject to and without affecting any other rights of the Agency, a first charge on the premises in respect of which the costs and expenses were incurred.

(2)

In addition to any other remedies conferred by this Act, the sum may be recovered in the manner provided in this section, and the person or persons liable to pay are the owner or owners at the time when the work was completed.

(3)

If the sum remains unpaid at the expiry of the prescribed time, a notice must be served upon the person or any one of the persons (if more than one) liable to pay it, calling on the person or persons to pay that sum together with a fee of any amount that may be prescribed for the cost of the notice, within 15 days of the date the notice is served.

(4)

Without affecting section 66, if no person liable to pay the sum can be found, such notice is deemed to have been duly served —

(a)

by posting the notice at the office of the Director‑General; and

(b)

by fixing a copy of the notice on some conspicuous part of the premises in respect of which the costs and expenses were incurred.

(5)

At the expiry of the period of 15 days or any further period that the Director‑General may allow, if the sum or part of the sum remains due and unpaid, it is deemed to be arrears and may be recovered as provided in section 55.

(6)

The charge mentioned in subsection (1) attaches, and the powers and remedies conferred by subsections (2) to (5) become exercisable, as from the date the work is completed.

(7)

Despite any change in the ownership or occupation of the premises after the work is completed, the charge and the powers and remedies mentioned in subsection (6) may be exercised against the premises or against any movable property or crops for the time being found thereon.

(8)

An occupier who, when requested by or on behalf of the Director‑General to state the name of the owner of the premises, refuses or wilfully omits to disclose or wilfully misstates the name shall, unless the occupier shows cause to the satisfaction of the court for the occupier’s refusal or misstatement, be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.