Singapore legislation
Clause 6
Clause 6
New sections 62A to 62E
The principal Act is amended by inserting, immediately after section 62, the following sections:“Appointment of Environmental Control Coordinator or Environmental Control Officer for specified premises62A.—
This section applies to premises for which an environmental sanitation programme is required (called specified premises).(2) The Agency may, with the approval of the Minister, by order in the Gazette —
designate as specified premises any publicly accessible premises (or class of publicly accessible premises);
designate as specified premises any of the following premises (or class of premises) that are not publicly accessible:
any premises (or class of premises) owned, managed or occupied by the Government or a statutory body;
any premises (or class of premises) used, or intended to be used, for a commercial or an industrial purpose, or for mixed purposes the predominant purpose of which is either a commercial or an industrial purpose;
any recreational facility or class of recreational facilities;
any common property (or class of common property) of any residential premises (or class of residential premises), or of any premises (or class of premises) mentioned in sub‑paragraph (ii);
any premises (or class of premises) for which an environmental sanitation programme is assessed to be necessary to minimise or alleviate the risk of, or to prevent or manage, an outbreak or a spread of any infectious disease;
designate any class, description or type of specified premises for which an Environmental Control Coordinator must be appointed; and
designate any class, description or type of specified premises for which an Environmental Control Officer must be appointed.(3) The manager of any specified premises must —
where the specified premises are of a class, description or type for which an Environmental Control Coordinator must be appointed — appoint a registered Environmental Control Coordinator as the Environmental Control Coordinator for that specified premises; or
where the specified premises are of a class, description or type for which an Environmental Control Officer must be appointed — appoint a registered Environmental Control Officer as the Environmental Control Officer for that specified premises.(4) For the purposes of subsection (3), the manager of the specified premises may appoint himself as the Environmental Control Coordinator or Environmental Control Officer (as the case may be) for the specified premises in accordance with that subsection if the manager is registered as such under this Act.(5) Any person that contravenes subsection (3)(a) or (b) shall be guilty of an offence and shall be liable on conviction —
for a first offence, to a fine not exceeding $5,000; and
for a second or subsequent offence, to a fine not exceeding $10,000.Environmental sanitation programme for specified premises62B.—
The Environmental Control Coordinator or Environmental Control Officer for any specified premises must, in accordance with the applicable codes of practice and standards of performance and any regulations made under section 111 —
develop an environmental sanitation programme for the specified premises;
where the Director-General requires the environmental sanitation programme to be amended, amend that environmental sanitation programme in the manner directed by the Director‑General in writing;
review and update the environmental sanitation programme in the manner required by the applicable codes of practice or standards of performance;
submit the developed, amended or updated (as the case may be) environmental sanitation programme to the manager of the specified premises;
monitor the implementation of the developed, amended or updated (as the case may be) environmental sanitation programme;
identify and notify the manager of any default in the implementation of the environmental sanitation programme; and
recommend remedial measures to address any default in the implementation of the environmental sanitation programme.(2) The manager of the specified premises must, in accordance with any regulations made under section 111 —
endorse and submit to the Director-General the environmental sanitation programme mentioned in subsection (1)(d) (or, where section 62A(4) applies, the environmental sanitation programme developed, amended or updated (as the case may be) by the manager in his capacity as the Environmental Control Coordinator or Environmental Control Officer for the specified premises);
implement that environmental sanitation programme upon endorsing it; and
implement any remedial measures recommended under subsection (1)(g).(3) Any manager that contravenes subsection (2)(a), (b) or (c) shall be guilty of an offence and shall be liable on conviction —
for a first offence, to a fine not exceeding $5,000; and
for a second or subsequent offence, to a fine not exceeding $10,000.(4) In this section, “implement”, in relation to an environmental sanitation programme or remedial measures, includes the carrying out of activities and measures specified in the environmental sanitation programme or remedial measures (as the case may be), and “implementation” is to be construed accordingly.Power to give directives62C.—
The Director-General may, with the approval of the Minister, give a directive in such form and manner as the Director‑General thinks fit, in respect of any premises or class of premises (called in this section the relevant premises), or any public service vehicle or class of public service vehicles (called in this section the relevant vehicle) if it appears to the Director‑General that —
the use of the relevant premises or the operation of the relevant vehicle is likely to endanger the health of any person and the directive is necessary to prevent or manage that risk; or
the directive is necessary to prevent or manage the outbreak or spread of any infectious disease.(2) A directive given under subsection (1) must be complied with by the following persons (called in this section the responsible person):
where the directive applies to any relevant premises — the manager of those premises;
where the directive applies to any relevant vehicle — the operator of that vehicle.(3) Without limiting subsection (1), a directive given under that subsection may require the responsible person to do all or any of the following:
close the relevant premises, or any part of the relevant premises, for a period not exceeding 14 days for the purpose of cleaning or disinfecting the relevant premises, or any part of the relevant premises;
clean or disinfect the relevant premises or the relevant vehicle in the manner and within the time specified in the directive;
provide every individual who is to carry out the cleaning or disinfecting of the relevant premises or relevant vehicle with appropriate personal protective equipment, and ensure that the individual wears the personal protective equipment when carrying out the cleaning or disinfecting work.(4) The Director-General may, with the approval of the Minister, by written notice, renew any directive mentioned in subsection (3)(a) for any period (not exceeding 14 days each time) specified in the notice.(5) Where a directive under subsection (1) or a notice of renewal under subsection (4) applies to or affects a class of responsible persons, it may be published in any manner that the Director‑General thinks necessary for bringing it to the notice of those responsible persons.(6) Any responsible person that fails to comply with a directive given under subsection (1) shall be guilty of an offence and shall be liable on conviction —
for a first offence, to a fine not exceeding $5,000; and
for a second or subsequent offence, to a fine not exceeding $10,000.(7) Without affecting any proceedings under subsection (6), if a responsible person fails to comply with any directive given under subsection (1) —
the Director-General may without warrant and with such force as may be necessary, enter the relevant premises or the relevant vehicle and take or cause to be taken any steps which the Director‑General considers to be necessary to secure compliance with the directive; and
the responsible person is liable for any costs and expenses incurred by the Director‑General in exercise of the powers conferred under paragraph (a).(8) A reference in this section to a directive given under subsection (1) includes, where subsection (4) applies, a reference to the renewed directive under subsection (4).Monitoring powers for purposes of sections 62A, 62B and 62C62D.—
The Director-General or an authorised officer appointed under section 3(2) may, by written notice —
inspect any specified premises, for the purposes of administering or enforcing section 62A or 62B or ascertaining whether that section has been complied with; or
inspect any premises or public service vehicle in respect of which a directive is given under section 62C(1), for the purpose of ascertaining whether the directive has been complied with.(2) The Director-General or an authorised officer appointed under section 3(2) may also, by written notice, require the Environmental Control Coordinator or Environmental Control Officer for any specified premises to provide, within a reasonable period, and in the form and manner specified in the notice, all documents and information which —
relate to any matter which the Director‑General or authorised officer considers necessary for the purposes of administering or enforcing section 62A or 62B or ascertaining whether that section has been complied with; and
are —
within the knowledge of the Environmental Control Coordinator or Environmental Control Officer; or
in the custody or under the control of the Environmental Control Coordinator or Environmental Control Officer.(3) The power to require an Environmental Control Coordinator or an Environmental Control Officer to provide any document or information under subsection (2) includes the power —
to require the Environmental Control Coordinator or Environmental Control Officer to provide an explanation of the document or information;
if the information is recorded otherwise than in legible form, to require the information to be made available in legible form to the Director‑General or an authorised officer appointed under section 3(2); and
if the document or information is not provided, to require the Environmental Control Coordinator or Environmental Control Officer to state, to the best of his knowledge and belief, where it is and how it may be obtained.(4) The Director-General or an authorised officer appointed under section 3(2) is entitled without payment to make and retain copies of any document or information provided to the Director‑General or authorised officer under subsection (2).(5) Any individual who, without reasonable excuse, fails to do anything required of the individual by a notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.(6) For the purposes of subsection (5), it is a reasonable excuse for an individual to refuse or fail to provide any document or information which the individual is required by a notice under subsection (2) to provide if doing so might tend to incriminate that individual.Application to Government62E. Sections 60 to 62D apply to any premises owned, managed or occupied by the Government and any public service vehicle owned or operated by the Government.”.