Singapore legislation
Regulation 21
of Building and Construction Authority (Importers’ Licensing) Regulations 2011
Regulation 21
Re-test of samples from consignment under isolation order
Subregulation 1
Where —
a sample of essential construction material is taken under section 31J(4) or (6) of the Act from a consignment that is subject to an isolation order;
the part of the sample referred to in regulation 19(1)(d) is evaluated by an authorised analyst; and
the Authority, after considering the certificate stating the findings of the authorised analyst in relation to that sample, is not satisfied that the sample of essential construction material is of acceptable quality for use in any building works, street works or railway works in Singapore,the Authority shall, as soon as practicable, in writing, notify the licensee who imported the consignment of the essential construction material from which the sample was taken —
of the Authority’s preliminary determination as to the quality of the consignment of the imported essential construction material from which the sample was taken;
that the licensee may, within a period of 2 weeks after receiving the notice, request the Authority to submit the other part of the sample referred to in regulation 19(1)(c)(i) for evaluation by the same authorised analyst or, where that is not practicable, another authorised analyst; and
of the cost of such an evaluation by the authorised analyst, if requested, and that the licensee must pay that cost.
Subregulation 2
The licensee concerned may, not later than 2 weeks after receiving the notice under paragraph (1), request the Authority in writing to submit the other part of the sample referred to in regulation 19(1)(c)(i) to the same authorised analyst for evaluation or, where that is not practicable, to another authorised analyst, and that request must be accompanied by a cheque or other form of payment of the cost of such evaluation.
Subregulation 3
Upon receipt of such a request under paragraph (2) and payment of the cost of such evaluation, the Authority shall, as soon as practicable, submit the other part of the sample referred to in regulation 19(1)(c)(i) to the same authorised analyst or, where that is not practicable, to another authorised analyst, for evaluation.
Subregulation 4
Upon receiving the certificate of the authorised analyst stating his findings relating to the other part of the sample of essential construction material submitted for evaluation under paragraph (3), the Authority shall, as soon as practicable —
consider the findings of the authorised analyst and make its final determination whether the quality of the consignment of essential construction material from which that sample was taken is of acceptable quality for use in any building works, street works or railway works in Singapore; and
issue to the licensee concerned one of the following, whichever is applicable:
a notice of failed construction materials in respect of that consignment and a notice under section 31L(3)(b) of the Act requiring the licensee to comply with section 31L(4) of the Act; or
a notice in writing lifting the isolation order relating to that consignment.
Subregulation 5
If a licensee who imported a consignment of essential construction material from which a sample was taken —
does not, within 2 weeks after receiving the notice under paragraph (1) in respect of a part of the sample referred to in regulation 19(1)(d), request the Authority in writing to submit the other part of the sample referred to in regulation 19(1)(c)(i) to the same authorised analyst or, where that is not practicable, another authorised analyst, for evaluation;
makes such a request without a cheque or other form of payment of the cost of such evaluation; or
before the expiry of that period of 2 weeks informs the Authority that the licensee accepts the Authority’s preliminary determination referred to in paragraph (1)(i),the Authority’s preliminary determination referred to in paragraph (1)(i) shall, at the end of that period of 2 weeks, be deemed to be the Authority’s final determination as to the quality of the consignment of the imported essential construction material, and paragraph (4)(b)(i) shall apply in respect of that consignment.