Singapore legislation
Section 35
Section 35
Discharge from unmanned aircraft
(1)
If —
a person operates an unmanned aircraft to fly indoors or at any height over any area in Singapore; and
the unmanned aircraft when so flying discharges anything (whether gaseous, liquid or solid),the person shall be guilty of an offence.
(2)
A person who is guilty of an offence under subsection (1) shall be liable on conviction —
to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but(b)where the person is a repeat offender, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(3)
A person is a repeat offender in relation to an offence under subsection (1) if the person has been convicted or found guilty (whether before, on or after 21 December 2019) on at least one other earlier occasion of an offence under subsection (1).
(4)
In proceedings for an offence under subsection (1), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the unmanned aircraft discharged anything while in flight, but it is a defence to the charge if the accused proves, on a balance of probabilities, that —
the accused —
did not intentionally cause the thing to discharge from the unmanned aircraft and the discharge was not due to any want of reasonable care; and
took all reasonably practicable steps to stop or reduce further discharge of that thing from the unmanned aircraft as soon as practicable after discovering the discharge; (b)the thing escaped from the unmanned aircraft operated by the accused in consequence of damage, other than intentional damage, to the unmanned aircraft and all reasonable precautions were taken by the accused after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising further discharge from the unmanned aircraft; or
the accused has in force a discharge permit from the Authority and had caused the thing to be discharged from the unmanned aircraft in accordance with that discharge permit.
(5)
However, it is not a defence to a charge for an offence under subsection (1) if —
no individual dies or is hurt; (b)no property is destroyed or damaged; or
no hazard is caused to another aircraft, to anyone or any property,as a result of anything discharged from an unmanned aircraft in flight.
(6)
For the purposes of subsection (4)(b), damage to an unmanned aircraft or to its equipment is intentional damage if the damage arose in circumstances in which the operator of the unmanned aircraft —
acted with intent to cause the damage; or
acted recklessly and with knowledge that damage would probably result.
(7)
A person who is refused a discharge permit, or whose discharge permit is cancelled by the Authority, may appeal to the Minister against the Authority’s refusal or cancellation (as the case may be) in the manner prescribed under section 8 or 9; and the Minister’s decision on appeal is final.
(8)
In this section, “discharge”, from an unmanned aircraft, includes dropping from an unmanned aircraft but does not include the discharge of exhaust from an unmanned aircraft during flight.
(9)
To avoid doubt, this section does not affect the operation of the Military Manoeuvres Act 1905.[7C