Environmental Public Health Act 1987 · 2020 Revised Edition · Part 3B · District Pneumatic Waste Conveyance System
31Q. Damage to DPWCS
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Any person who, whether wilfully or otherwise —
removes, destroys or damages or causes or permits to be removed, destroyed or damaged, any part of a DPWCS; or
hinders or prevents a DPWCS from being used or operated in the manner in which it is intended to be used or operated,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 months or to both.
In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
If it appears to the Agency that there has been a contravention of subsection (1), the Agency may, by written notice, require any person who has done any of the acts mentioned in that subsection or any other person who may be liable under that subsection by virtue of section 103A (called in this section the person in default) to carry out any works that may be necessary to restore the DPWCS to its original condition, use or operation, or to replace it, within such time as may be specified in the notice.
Agency
“Agency” means the National Environment Agency established under the National Environment Agency Act 2002;
If the Agency is of the opinion that immediate action is necessary or expedient, or that the DPWCS cannot be restored by the person in default, the Agency may, instead of issuing the notice under subsection (3) —
DPWCS
“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;
carry out any works that are necessary to restore the DPWCS to its original condition, use or operation, or to replace it; and
recover in a court of competent jurisdiction as a debt due to the Agency all expenses reasonably incurred in doing so from the person in default.
If the person to whom a notice is given under subsection (3) fails to comply with the notice within the time specified, the Agency may carry out the works specified in the notice in any manner that the Agency thinks fit and recover in a court of competent jurisdiction as a debt due to it all expenses reasonably incurred in doing so from the person in default.
Without affecting the right of the Agency to exercise its powers under subsection (5), any person who fails to comply with a notice given to the person under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.
In proceedings for an offence under subsection (6), it is a defence for the accused to prove, on a balance of probabilities, that the accused had a reasonable excuse for failing to comply.