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Singapore legislation

Regulation 22

of Building and Construction Authority (Importers’ Licensing) Regulations 2011

Regulation 22

Re-test of other samples

Subregulation 1

Where —

(a)

a sample of essential construction material is taken under section 31J(6) of the Act from a consignment that is not subject to an isolation order, or under section 31Q(1)(c) or (g) of the Act;

(b)

the part of the sample referred to in regulation 19(1)(d) or 20(1)(d) or (2)(d), as the case may be, is evaluated by an authorised analyst;

(c)

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 or person from whose essential construction material the sample was taken —

(i)

of the Authority’s preliminary determination as to the quality of the essential construction material from which the sample was taken;

(ii)

that the licensee or person may, within a period of 48 hours after receiving the notice, request the Authority to submit the other part of the sample referred to in regulation 19(1)(c)(ii) or 20(1)(c) or (2)(c), as the case may be, for evaluation by the same authorised analyst or, where that is not practicable, another authorised analyst; and

(iii)

of the cost of such an evaluation by the authorised analyst, if requested, and that the licensee or person must pay that cost.

Subregulation 2

The licensee or person concerned may, not later than 48 hours 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)(ii) or 20(1)(c) or (2)(c), as the case may be, 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)(ii) or 20(1)(c) or (2)(c), as the case may be, 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 —

(a)

consider the findings of the authorised analyst and make its final determination whether the quality of the 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

(b)

issue to the licensee or person concerned one of the following, whichever is applicable:

(i)

a notice in writing stating that the quality of the 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;

(ii)

in the case of a sample of essential construction material taken under section 31J(6) of the Act from a consignment that is not subject to an isolation order —

(A)

a notice of failed construction materials in respect of the essential construction material; and

(B)

a notice under section 31L(3)(b) of the Act requiring the licensee concerned to comply with section 31L(4) and (5) of the Act;

(iii)

in the case of a sample of essential construction material taken under section 31Q(1)(c) or (g) of the Act —

(A)

a notice of failed construction material in respect of the essential construction material; and

(B)

a notice requiring the person concerned, at his own expense, to notify —

(BA)not later than 5 days after receiving the notice of failed construction materials, every person to whom the person has supplied essential construction material between the date of entry into Singapore of the consignment of failed construction material and the 7th day after the authorised analyst’s certificate relating to that consignment is received by the Authority (both days inclusive), the information prescribed in paragraph (5); and

(BB)not later than 5 days after serving the information prescribed in paragraph (5) on any person referred to in sub-paragraph (BA), the Authority the identity and business address of the person.

Subregulation 5

For the purposes of paragraph (4)(b)(iii)(B), the information that must be notified shall be —

(a)

the determination of the Authority with respect to the sample taken from that consignment; and

(b)

such other information as the Authority may direct in relation to that particular consignment.

Subregulation 6

If the person from whose essential construction material a sample was taken —

(a)

does not, within 48 hours after receiving the notice under paragraph (1) in respect of a part of the sample referred to in regulation 19(1)(d) or 20(1)(d) or (2)(d), as the case may be, request the Authority in writing to submit the other part of the sample referred to in regulation 19(1)(c)(ii) or 20(1)(c) or (2)(c), as the case may be, to the same authorised analyst or, where that is not practicable, to another authorised analyst, for evaluation;

(b)

makes such a request without a cheque or other form of payment of the cost of such evaluation; or

(c)

before the expiry of that period of 48 hours 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 48 hours, be deemed to be the Authority’s final determination as to the quality of the essential construction material, and paragraph (4)(b)(i) or (ii) shall apply in respect of those materials.

Subregulation 7

If a licensee or person from whose essential construction material the sample was taken fails to comply with any notice issued to him by the Authority under paragraph (4)(b)(iii)(B), the licensee or person, as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.