In force2020 Revised Edition

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Building and Construction Authority Act 1999 · 2020 Revised Edition · Part 7 · Supply of Essential Construction Materials

36. Isolation of imported essential construction material upon entry

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(1)

The Authority may issue an isolation order in respect of any imported consignment of essential construction material upon its entry into Singapore.

(2)

Except as provided in subsection (3), every consignment of essential construction material imported (whether or not under an import permit) is, upon its entry into Singapore, deemed subject to an isolation order until the Authority lifts the isolation order in accordance with section 38.

(3)

Despite subsection (2), the Authority or an enforcement officer may, before the entry into Singapore of a consignment of essential construction material, by written notice to the licensee importing the consignment waive the application of subsection (2) in respect of that consignment.

(4)

Upon the entry into Singapore of the consignment of essential construction material that is subject to an isolation order, the licensee importing that consignment must, before doing any of the following:

(a)

use or permit to be used the essential construction material or any part thereof in any building works, street works or railway works in Singapore;

(b)

supply or permit to be supplied to another person the essential construction material, knowing or having reasonable cause to believe that the essential construction material is to be used in any building works, street works or railway works in Singapore,isolate the consignment of the essential construction material at premises in respect of which a storage permit is granted, and arrange for a sample to be taken as soon as practicable from that consignment by any person acting by or under the authority of the Authority and for the sample to be evaluated by an authorised analyst for the purposes of this Part.

(5)

Where a licensee who has imported any essential construction material fails to comply with subsection (4), the licensee shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(6)

An enforcement officer or assisting officer or any other person acting by or under the authority of the Authority may at any time take, without payment, sufficient samples of any essential construction material from a consignment thereof imported by a licensee (whether in any premises or in any conveyance that is being used to transport the consignment) for the purpose of evaluation by an authorised analyst for the purposes of this Part, regardless of whether that consignment is subject to an isolation order.

(7)

All samples of any material taken in accordance with subsection (4) or (6) must be taken and dealt with as prescribed.

(8)

The costs of and incidental to the evaluation of any essential construction material required by this section must be borne by the Authority.[31J

Terms defined in this Act

assisting officer
Defined · s 27
“assisting officer” means a public officer or an employee of a public authority who is not a police officer, an officer of customs or an immigration officer, but who has been authorised by the Authority by name to assist an enforcement officer;
Open s 27
authorised analyst
Defined · s 27
“authorised analyst” means any person (who is not an employee of the Authority) or body of persons designated by the Authority under section 39 as authorised to carry out any inspection, examination and certification of any essential construction material under this Part and includes any enforcement officer;
Open s 27
Authority
Defined · s 2
“Authority” means the Building and Construction Authority established under section 3;
Open s 2
building works
Defined · s 27
“building works” has the meaning given by the Building Control Act 1989;
Open s 27
consignment
Defined · s 27
“consignment”, in relation to any essential construction material, means essential construction material of a particular kind that comprises a single lot imported by the same owner at the same time;
Open s 27
conveyance
Defined · s 27
“conveyance” means any vessel, vehicle or aircraft;
Open s 27
enforcement officer
Defined · s 27
“enforcement officer” means —(a)the Chief Executive; or(b)an employee of the Authority appointed by the Chief Executive to be an enforcement officer for the purposes of this Part;
Open s 27
essential construction material
Defined · s 27
“essential construction material” means any of the following materials which are suitable for use in any building works, street works or railway works in Singapore and the domestic supply of which is short:(a)granite;(b)sand;(c)such rocks, minerals or other construction materials (whether manufactured or otherwise) as the Minister may, by notification in the Gazette, declare to be essential construction material;
Open s 27
import permit
Defined · s 27
“import permit” means an import permit granted under section 34 to import a particular consignment of essential construction material;
Open s 27
isolation order
Defined · s 27
“isolation order” means an order issued or deemed to be issued under section 36 in respect of a consignment of essential construction material;
Open s 27
licensee
Defined · s 27
“licensee” means a person who holds a valid licence;
Open s 27
railway works
Defined · s 27
“railway works” means any works for the construction, reconstruction or realignment, or the permanent improvement of a railway;
Open s 27
storage permit
Defined · s 27
“storage permit” means any storage permit granted under section 35 in respect of such premises as may be specified in the storage permit;
Open s 27
street works
Defined · s 27
“street works” has the meaning given by the Street Works Act 1995;
Open s 27
supply
Defined · s 27
“supply”, in relation to any essential construction material, means to transfer possession of the essential construction material by any means whether or not for reward, and includes ––(a)to sell the essential construction material, whether by retail, wholesale or auction;(b)to transfer possession of the essential construction material by exchange, gift, lease or loan;(c)to supply the essential construction material in connection with a contract for the provision of any goods or the performance of any service; and(d)to offer, agree or attempt to supply the essential construction material in any of the ways described in paragraph (a), (b) or (c) or to cause or permit the essential construction material to be so supplied;
Open s 27

Report

Read on from s 37

Part 8

Miscellaneous

Read on from Part 8