Singapore legislation
Clause 20
Clause 20
Prohibition against dumping refuse, etc., in any public place
(1)
Any person who drops, scatters, spills or throws any dirt, sand, earth, gravel, clay, loam, manure, refuse, sawdust, shavings, stone, straw or any other thing or matter in any public place, whether from a moving or stationary vehicle or in any other manner shall be guilty of an offence.
(2)
The Commissioner may, by notice in writing, require any person carrying out any construction or earth works to provide or construct any device or facilities as the Commissioner may think fit for the removal of dirt, earth, sand or other particles from any vehicle used in connection with the construction and earth works.
(3)
Where any vehicle is used in disposing or dumping of refuse, waste or any other article in any public place, other than a public disposal facility or a disposal facility established with the permission of the Commissioner under section 23(1), such vehicle may be seized by any police officer or any public health officer authorised in writing in that behalf by the Commissioner and removed to and detained in any police station or Government depot or other place as may be approved by the Commissioner at the risk of the owner for the purposes of proceedings under this Act.
(4)
The court on convicting any person of an offence under subsection (3) shall, on the written application of the Public Prosecutor, make an order for the forfeiture of the vehicle which has been used in the commission of the offence notwithstanding that no person may have been convicted of that offence.
(5)
An order for the forfeiture or for the release of a vehicle liable to forfeiture under subsection (4) may be made by the court before which the prosecution with regard to an offence under subsection (3) has been or will be held.
(6)
If there be no prosecution with regard to an offence under subsection (3), the vehicle seized under that subsection shall be forfeited at the expiry of 3 months from the date of the seizure unless a claim thereto is made before that date. Any person asserting that he is the owner of such vehicle may personally, or by his agent authorised in writing, give written notice to the Commissioner that he claims the vehicle.
(7)
Upon receipt of a notice under subsection (6), the Commissioner may direct that the vehicle be released or may refer the matter by information to a Magistrate.
(8)
The Magistrate shall, on receipt of an information under subsection (7), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter and shall, on proof that the vehicle was used in the commission of an offence under subsection (3), order the vehicle to be forfeited, or may in the absence of such proof order its release.
(9)
No person shall, in any proceedings in any court in respect of the seizure of any vehicle seized in exercise or the purported exercise of any power conferred under subsection (3) be entitled to the costs of such proceedings or to any damages or other relief, other than an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause.
(10)
For the purposes of subsection (1) —
where the thing or matter is dropped, scattered, spilt or thrown from a vehicle, the driver or person having charge or control of the vehicle shall be deemed to have committed the offence, unless the offence is committed by a person other than the driver or person having charge or control of the vehicle and the identity of the person who committed the offence can be established; and
where the driver of a motor vehicle is alleged or is suspected to be guilty of the offence —
the owner of the motor vehicle shall give such information as he may be required to give by a police officer, public health officer or by a public officer authorised in writing in that behalf by the Commissioner as to the identity and address of the person who was driving the motor vehicle at or about the time of the alleged offence and such other information as the police officer, public health officer or public officer may require, and if he fails to do so within 14 days of the date on which the information was required from him, he shall be guilty of an offence unless he proves to the satisfaction of the Court that he did not know and could not with reasonable diligence have ascertained the information required; and
any other person who was or should have been in charge or in control of the motor vehicle shall, if so required as aforesaid, give any information which it is in his power to give, and which may lead to the identification of the driver, and if, within 14 days of the date on which the information was required from him, he fails to do so, he shall be guilty of an offence.