Singapore legislation
Clause 35
Clause 35
Principal contractor to prevent pollution from construction site
(1)
No principal contractor of a construction site who has control of the construction site shall permit any person to commit an offence specified under section 14, 15 or 17 (referred to in this section as the offence).
(2)
Where there is a contravention of section 14, 15 or 17 at any construction site, it shall be presumed, until the contrary is proved, that the principal contractor of the construction site —
had control of the construction site;
had knowledge of the commission of the offence at the construction site; and
had permitted the commission of the offence at the construction site.
(3)
The presumptions provided for in subsection (2)(b) and (c) shall not be rebutted unless the defendant proves that he had exercised due diligence to prevent the commission of the offence at the construction site.
(4)
For the purposes of subsection (3), a defendant shall not be presumed to have exercised due diligence unless he had taken all reasonable measures to prevent the offence from being committed at the construction site, including all the measures prescribed under subsection (5) in respect of the construction site.
(5)
For the purposes of subsection (4), the Minister may, by notification in the Gazette, prescribe the measures that are required to be taken by the principal contractor of the construction site.
(6)
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to the same punishment for an offence under section 14, 15 or 17, as the case may be.
(7)
In this section, “principal contractor” means a person who has entered into a contract with an owner, a developer or a lessee of a property or his agent for the purpose of carrying out any construction works on the property.