Singapore legislation

Section 47

of Public Utilities Act 2001

Section 47

Damage to property of Board

Amended by9/20129/20129/20129/20129/20129/2012

(1)

Any person who, whether wilfully or otherwise —

(a)

removes, destroys or damages any property belonging to or under the management or control of the Board; or

(b)

hinders or prevents the property from being used or operated in the manner in which it is intended to be used or operated,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

Amended by9/2012

(2)

In any proceedings for an offence under subsection (1), it is a defence for the person charged under that subsection to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence, but this defence is not available to any person who may be liable by virtue of section 56A.

Amended by9/2012

(3)

If it appears to the Board that there has been a contravention of subsection (1), the Board may, by written notice, require any person who has done any of the acts referred to in that subsection or any other person who may be liable under that subsection by virtue of section 56A (called in this section the person in default) to carry out such works as may be necessary to restore the property to its original condition, or to replace it, within the time specified in the notice.

Amended by9/2012

(4)

If the Board is of the opinion that immediate action is necessary or expedient or that the property cannot be restored by the person in default, the Board may, instead of issuing the notice under subsection (3) —

(a)

carry out such works as are necessary to restore the property to its original condition, or replace the property; and (b)recover in a court of competent jurisdiction as a debt due to it all expenses reasonably incurred in doing so from the person in default.

Amended by9/2012

(5)

If the person to whom a notice is given under subsection (3) fails to comply with the notice within the time specified, the Board may carry out the works specified in the notice in such manner as it thinks fit and recover in a court of competent jurisdiction as a debt due to it all expenses reasonably incurred in doing so from the person in default.

Amended by9/2012

(6)

Without affecting the Board’s right to exercise its powers under subsection (5), any person who, without reasonable excuse, fails to comply with a notice given to the person under subsection (3) shall be guilty of an offence.

Amended by9/2012