Singapore legislation

Clause 19

of Public Utilities (Amendment) Bill

Clause 19

Consequential and related amendments to Environmental Public Health Act

Part IX of the Environmental Public Health Act (Cap. 95, 2002 Ed.) is repealed and the following Part substituted therefor:“PART IXPROVISION OF WATER SUITABLE FOR DRINKING Interpretation of this Part

78. In this Part —“general appearance”, in relation to water suitable for drinking, includes the colour and clarity of the water;“provide”, in relation to water suitable for drinking, means to convey, distribute, produce, supply, offer to provide or otherwise make available, in the course of business and whether or not carried on for profit, the water —

(a)

to the public, or a section of the public, at a public place, any common area of any residential premises, or any other place, premises or area; and

(b)

by using any reticulation system, storage tank, container, hose, water fitting, generator, tanker, truck or any other system, facility, equipment or vehicle,but does not include —

(i)

any sale of water suitable for drinking that is regulated under the Sale of Food Act (Cap. 283);

(ii)

any supply to a vessel of water suitable for drinking that is regulated under the Maritime and Port Authority of Singapore Act (Cap. 170A);

(iii)

any provision to a Singapore ship of water suitable for drinking that is regulated under the Merchant Shipping Act (Cap. 179);

(iv)

any provision of water suitable for drinking solely to the Public Utilities Board; and

(v)

any other provision of water prescribed by the Minister by order in the Gazette, as not being the provision of water suitable for drinking;“Public Utilities Board” means the Public Utilities Board continued under section 3 of the Public Utilities Act (Cap. 261);“water provider” means a person who provides water suitable for drinking;“water suitable for drinking” means —

(a)

potable water; and

(b)

any water held out by a water provider as potable water,but does not include any water intended for consumption solely by animals.Provision of water suitable for drinking79.—

(1)

A water provider must not provide water suitable for drinking unless the water is unpolluted and wholesome.(2) For the purposes of subsection (1), water is unpolluted and wholesome if the water —

(a)

conforms to the prescribed requirements concerning the quality, purity and general appearance of water suitable for drinking; and

(b)

does not, based on any prescribed methodology or assessment, contain any contaminant, substance or organism, either alone or in any combination, at a concentration or value that constitutes a potential danger to human health.(3) The regulations prescribing the methodology or assessment mentioned in subsection (2)(b) may —

(a)

incorporate by reference any document relating to such methodology or assessment that is —

(i)

issued or approved; and

(ii)

in force or published at a particular time, or from time to time,by any organisation or other person whose purposes relate to public health; and

(b)

provide for the Director‑General to specify any other methodology or assessment.(4) A water provider who provides, or intends to provide, water suitable for drinking must comply with the prescribed duties of a water provider, which may include the duty to —

(a)

comply with the requirements relating to the composition, type and specifications of any container or other package in which the water is provided or is to be provided (called in this section the water packaging);

(b)

comply with the requirements relating to the way in which the water provided or to be provided is presented, including requirements relating to the labels that may be affixed on the water packaging and information that must accompany the water packaging (whether on the label, printed on the water packaging or on an accompanying document);

(c)

comply with the requirements relating to the risk assessment and risk management measures that are or are to be used in order to minimise the likelihood of the water becoming polluted and unwholesome;

(d)

comply with the requirements relating to the sampling and testing of the water;

(e)

provide, to the Director‑General, such information as the Director‑General may require relating to the water provided or to be provided;

(f)

carry out such remedial measures as the Director‑General may require; and

(g)

comply with any other requirement, as may be prescribed, for the purposes of keeping the water unpolluted and wholesome.(5) Where the Director‑General is of the opinion that any water provider has contravened any requirement under subsection (1) or (4), the Director‑General may by notice in writing require the water provider to stop the provision of such water, and the water provider must comply with such notice.(6) Any person who contravenes subsection (1), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.Power to enter and investigate80.—

(1)

An authorised officer may, at any time without notice, enter any premises and do all or any of the following for the specified purposes:

(a)

search the premises and take possession of any thing found in those premises;

(b)

require the production of, and take and retain extracts from or copies of, records, certificates, notices and documents (wherever and by whoever they are kept);

(c)

take and retain samples of any materials (whether solid, liquid, gaseous or vapour) found for the purpose of analysis;

(d)

take such photographs or video recordings as the authorised officer thinks necessary;

(e)

require any person whom the authorised officer finds in the premises to produce the person’s identity card or other identification papers for inspection.(2) In subsection (1), “specified purposes” means one or both of the following purposes:

(a)

to ascertain whether the requirements imposed by or under this Part are complied with;

(b)

to investigate a suspected offence under this Part.”.