Singapore legislation

Clause 42

of Environmental Pollution Control Bill

Clause 42

Appeal against notice or order

(1)

Where a person on whom a notice or order referred to in section 41(1) is served is aggrieved by the notice or order —

(a)

he may, within 14 days from the date of service of the notice or order and in the prescribed form and manner, appeal to the Minister; and

(b)

no liability to a fine under section 41(1)(a) shall arise nor, except as provided for in this section, shall any proceedings be taken or work done under the notice or order until after the determination or abandonment of the appeal.

(2)

Where an appeal is brought under this section, the Minister may dismiss or allow the appeal unconditionally or subject to such conditions as he considers fit, and any decision made by the Minister on the appeal shall be final.

(3)

Where an appeal has been brought under this section, and the Minister is of the opinion that the non-execution of the notice or order will be injurious or dangerous to public health and that the immediate execution of the notice or order will not cause any injury to the person against whom the notice or order was made which cannot be compensated by damages, the Minister may authorise the Director immediately to execute the work.

(4)

The Director shall, if he carries out the work and the appeal is successful, pay the costs and expenses of the work and any damages sustained by the appellant by reason of the work.

(5)

The Director may, if he carries out the work and the appeal is dismissed or abandoned, recover the costs and expenses of the work from the appellant and section 51 and, if the appellant is the owner of the premises in respect of which the notice or order was made, section 53 shall apply to any sum recoverable from him hereunder.