Singapore legislation

Clause 18

of Sewerage and Drainage Bill

Clause 18

Prohibition on discharge of dangerous trade effluent

(1)

Where the Director reports to the Minister that any trade effluent which is being discharged from any premises into the public sewerage system is dangerous to health or safety or will cause damage to the public sewerage system, the Minister may by order direct the occupier of the premises —

(a)

to cease forthwith the discharge of such trade effluent into the public sewerage system;

(b)

to take such steps as may be specified in the order to treat the trade effluent which is complained of; and

(c)

to cease forthwith the carrying on of any process or work which produces the trade effluent either indefinitely or until such steps as are specified in the order have been taken to treat the trade effluent before it is discharged into the public sewerage system.

(2)

Any person who is aggrieved by an order made by the Minister under subsection (1) may, within 28 days from the date of the order, appeal to the High Court which may rescind or vary the order.

(3)

Notwithstanding that an appeal has been made under subsection (2), an aggrieved person shall comply with the order pending the outcome of the appeal to the High Court and the Director may exercise the powers conferred under subsection (5).

(4)

The occupier of any premises who fails to comply with an order under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine of $1,000 for every day or part thereof during which the offence continues after conviction.

(5)

Where the occupier of any premises fails to comply with an order made under subsection (1) within 48 hours of the service of the order, the Director or any authorised officer may at all reasonable times enter upon the premises and take such measures and execute such work as may be necessary to comply with the order without prejudice to any proceedings that may be taken against the occupier of the premises under subsection (4).

(6)

Any expenses reasonably incurred by the Director under subsection (5) may be recovered from the person in default and section 49 and, if that person is the owner of the premises, section 51 shall apply in respect of those expenses.

(7)

Nothing in this section shall be deemed to prohibit the Director from carrying out any works specified in any such order at the request of a person who has been served with the order upon an undertaking by that person to pay the costs and expenses in executing the works.