Singapore legislation

Clause 30

of Hazardous Waste (Control of Export, Import and Transit) Bill

Clause 30

Power to control movement of vessels and aircraft, etc.

(1)

This section shall apply if the Director or an authorised officer has reasonable grounds for suspecting that there is in or on —

(a)

a Singapore vessel or Singapore aircraft; or

(b)

a vessel or an aircraft that is within the jurisdiction of Singapore,hazardous or other waste that is to be, or that has been, imported, exported or the subject of a transit proposal.

(2)

If this section applies in relation to a vessel, the Director or an authorised officer may require the master or the person in command or charge, or who appears to be in command or charge, of the vessel to do one or more of the following things:

(a)

ensure that the vessel does not remain within, or does not come within, as the case requires, the jurisdiction of Singapore;

(b)

ensure that the vessel is brought to a specified place to which it is safe and practicable to bring the vessel;

(c)

ensure that the vessel remains at a specified place until the Director or the authorised officer permits the vessel to leave;

(d)

arrange for goods being carried on the vessel to be unloaded;

(e)

ensure that goods being carried on the vessel are not unloaded until the Director or the authorised officer permits their unloading.

(3)

If this section applies in relation to an aircraft, the Director or an authorised officer may require the person in command or control, or who appears to be in command or control, of the aircraft to do one or more of the following things:

(a)

ensure that the aircraft does not remain within, or does not come within, as the case requires, the jurisdiction of Singapore;

(b)

ensure that the aircraft is landed at a specified airport at which it is safe and practicable to land the aircraft;

(c)

ensure that the aircraft remains at a specified airport until the Director or the authorised officer permits the aircraft to leave;

(d)

arrange for goods being carried on the aircraft to be unloaded;

(e)

ensure that goods being carried on the aircraft are not unloaded until the Director or the authorised officer permits their unloading.

(4)

The Director or an authorised officer may communicate a requirement under this section by means of —

(a)

an international signal code;

(b)

if the requirement relates to a vessel, any other internationally recognised means of communication with a vessel; or

(c)

if the requirement relates to an aircraft, any other internationally recognised means of communication with an aircraft.

(5)

Any person who refuses or fails, without reasonable excuse, to comply with a requirement made under this section 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 12 months or to both.

(6)

It is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would have endangered the person or any other person.

Clause 30 — Hazardous Waste (Control of Export, Import and Transit) Bill