In forceAmended2020 Revised Edition

Contents

Environmental Public Health Act 1987 · 2020 Revised Edition · Part 3B · District Pneumatic Waste Conveyance System

31K. Works by DPWCS licensee

Amended

Last amended by an amending law of 2018.

(1)

Subject to the provisions of this Part, a DPWCS licensee may, in order to carry out the activities which it is authorised or required by its DPWCS licence to do —

(a)

install in, on, over, under, along or across any premises or street and inspect, maintain, adjust, repair, alter, restore, replace or remove any valve, cable, pipe, regulator, apparatus, equipment, plant or station which is or is to be part of the DPWCS; and

(b)

carry out any activities that are necessary or incidental to the activities falling within paragraph (a), including —

(i)

excavating any premises, street, sewer or drain;

(ii)

tunnelling or boring under any premises, street, sewer or drain;

(iii)

removing or using all earth and materials in or under any premises, street, sewer or drain;

(iv)

erecting or placing any valve, cable, pipe, regulator, apparatus, equipment, plant or station in or under any land or street; and

(v)

taking any other action that may be necessary to render any valve, cable, pipe, regulator, apparatus, equipment, plant or station safe and efficient.

(2)

A DPWCS licensee must pay to any person who has suffered damage or loss of value to the person’s property caused by any activity of the DPWCS licensee mentioned in subsection (1) such sum as may be agreed between the DPWCS licensee and the person by way of compensation.

(3)

Any person who —

(a)

hinders, obstructs or delays a DPWCS licensee in the performance of its duties or anything which the DPWCS licensee is authorised, empowered or required to do under subsection (1); or

(b)

interferes with any works authorised, empowered or required to be done by a DPWCS licensee under subsection (1),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 3 months or to both.

(4)

Except in the case of an emergency arising from any fault in the DPWCS, a DPWCS licensee must not carry out or cause to be carried out works mentioned in subsection (1) without first giving 14 days’ notice to the owner or occupier of the premises stating as fully and accurately as possible the nature and extent of the acts intended to be done.

(5)

In this section, a reference to a DPWCS licensee includes a reference to any employee, agent or contractor authorised by the DPWCS licensee for the purposes of this section.

(6)

To avoid doubt, nothing in subsection (1) derogates from any requirement imposed on the DPWCS licensee by or under any written law to obtain approval from the Government or a statutory authority to carry out any activity mentioned in that subsection.

Terms defined in this Act

DPWCS
Defined · s 31E
“District Pneumatic Waste Conveyance System” or “DPWCS” means a pneumatic waste conveyance system that is established, or required to be established, for a DPWCS area;
Open s 31E
DPWCS licence
Defined · s 31E
“DPWCS licence” means a licence granted under section 31J to —(a)establish, operate or maintain a pneumatic waste conveyance system for a DPWCS area; or(b)do any combination of 2 or more things in paragraph (a);
Open s 31E
DPWCS licensee
Defined · s 31E
“DPWCS licensee” means a person to whom a DPWCS licence is granted under this Act;
Open s 31E
occupier
Defined · s 2
“occupier” means the person in occupation of any premises or having the charge, management or control thereof either on that person’s own account or as agent of another person; and, in relation to any part of any premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;
Open s 2
premises
Defined · s 2
“premises” means messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof used or intended to be used for human habitation or for any other purpose whatsoever;
Open s 2
street
Defined · s 2
“street” includes any road, flyover, square, footway, backlane or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and also includes any road, car park, field, grass verge, footway or passage, open court or open alley used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; and all channels, drains, ditches and reserves at the side of any street are deemed to be part of the street;
Open s 2