45. Amendment of section 64

In the EVCA, in section 64 —

in subsection (1), replace paragraph (b) with —“(b)in the parking places of the development, any number of charging points that draw a minimum aggregate amount of electrical load (called in this section the minimum active electrical load).”;

replace subsection (2) with —“(2) The minimum electrical load mentioned in subsection (1)(a) and the minimum active electrical load mentioned in subsection (1)(b) are each to be determined in accordance with a formula each to be prescribed by the Minister by order in the Gazette.

The developer of those building works must engage a qualified person to prepare the prescribed documents (called in this section the developer’s proposals and plans) for complying with the requirements imposed under subsection (1).”;

in subsection (3), delete “for approval”;

in subsection (3)(a), delete “and” at the end;

in subsection (3), after paragraph (a), insert —“(aa)a certificate by the qualified person who prepared the developer’s proposals and plans mentioned in paragraph (a), certifying that those proposals and plans comply with the requirements under subsection (1); and”;

replace subsection (4) with —“(4) The LTA may, at any time, carry out all necessary checks on the developer’s proposals and plans relating to any particular building works that have been submitted to the LTA under subsection (3) to determine whether the developer’s proposals and plans comply with the requirements under subsection (1).

If the LTA is not satisfied that the developer’s proposals and plans comply with the requirements under subsection (1), the LTA may issue a written direction to the developer directing the developer to rectify the proposals and plans and thereafter submit to the LTA the rectified developer’s proposals and plans and the documents and information mentioned in subsection (3)(aa) and (b) in respect of the rectified developer’s proposals and plans.”;

in subsection (5), replace “proposals and plans approved under subsection (3) have been completed, the developer of those building works must, before the relevant date for those works, give” with “developer’s proposals and plans submitted to the LTA under subsection (3) or (if the LTA has issued a written direction to the developer under subsection (4A)) the rectified developer’s proposals and plans submitted to the LTA under subsection (4A) have been completed, the developer of those building works must, before the relevant date for those works, submit”;

in subsection (5), before paragraph (a), insert —“(aa)a certificate by a qualified person certifying that —

the works covered by the developer’s proposals and plans or rectified developer’s proposals and plans have been completed in compliance with those proposals and plans and subsection (1); or

where the works are not completed in accordance with the developer’s proposals and plans or rectified developer’s proposals and plans — the works have been completed in compliance with subsection (1) despite not being completed in accordance with those proposals and plans;”;

replace subsections (6) and (7) with —“(6) A person who, without reasonable excuse, fails to comply with subsection (3) or (5) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $10,000; and

in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.

A person who —

intentionally alters, suppresses or destroys any prescribed information or document mentioned in subsection (3) or (5); or

intentionally provides to the LTA any information that is false or misleading in a material particular,shall be guilty of an offence.

A qualified person who makes a false or misleading certification for the purposes of subsection (3)(aa) or (5)(aa) shall be guilty of an offence.

A person who is guilty of an offence under subsection (7) or (7A) 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.

If, after considering all the information and documents submitted under subsection (5) in relation to any particular building works, the LTA is of the view that subsection (1) has been complied with in relation to the building works, the LTA may issue a certificate to the developer of the building works stating this view.

For the purpose of issuing a certificate under subsection (7C), the LTA may give any weight that the LTA considers appropriate to any information or document submitted under subsection (5).

Without affecting subsection (7C), where any works covered by —

any developer’s proposals and plans submitted to the LTA under subsection (3); or

if the LTA has issued a written direction to the developer under subsection (4A), the rectified developer’s proposals and plans submitted to the LTA under subsection (4A),have been carried out at a particular development, the LTA may, at any time, conduct all necessary checks on the development (including causing any inspection to be carried out by an authorised officer of the development) to determine whether the works were in fact completed in compliance with subsection (1).

If, on carrying out the necessary checks under subsection (7E), the LTA is not satisfied that the works covered by the developer’s proposals and plans submitted to the LTA under subsection (3) or the rectified developer’s proposals and plans submitted to the LTA under subsection (4A) (as the case may be) were in fact completed in compliance with subsection (1), the LTA may issue a remedial notice to the developer of the building works mentioned in subsection (1) requiring the developer —

to take any step specified in the remedial notice that the LTA thinks fit to rectify any non‑compliance with subsection (1); and

to do so within the period specified in the remedial notice, or any extension of that period that the LTA may allow in any particular case.”; and

in subsection (8), replace “a remedial notice” with “subsection (1), a written direction issued under subsection (4A) or a remedial notice issued under subsection (7F)”.