National Environment Agency Act 2002

“accreditation, certification or inspection mark” means any accreditation, certification or inspection mark of the Agency specified under section 12(b);

“Agency” means the National Environment Agency established under section 3;

“auxiliary officer” means an individual who is appointed as an auxiliary officer under section 16A(1);

“Chairperson” means the Chairperson of the Agency and includes a temporary Chairperson of the Agency;

“chief executive” means the chief executive of the Agency, and includes any individual acting in that capacity;

“Deputy Chairperson” means the Deputy Chairperson of the Agency and includes a temporary Deputy Chairperson of the Agency;

“environmental written law” means a written law administered by any of the following:

“member” means a member of the Agency and includes a temporary member of the Agency.

The Agency must have a common seal that may be broken, changed, altered or made anew as the Agency thinks fit.

All deeds and other documents requiring the seal of the Agency must be sealed with the common seal of the Agency.

All instruments to which the common seal is affixed must be signed by —

The Agency may, by resolution or otherwise in writing, appoint any officer of the Agency or any other agent either generally or in any particular case to execute or sign on behalf of the Agency any agreement or other instrument not under seal in relation to any matter coming within the powers of the Agency.

All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Agency affixed to any document and presume that it was duly affixed.

The Agency consists of —

The Minister may appoint the chief executive to be a member.

A member holds office on such conditions and for such term, not exceeding 3 years, as the Minister specifies in the member’s appointment.

Any member may at any time by written notice to the Minister resign from his or her office.

The Minister may at any time revoke the appointment of any member without giving any reason.

If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the remainder of the term for which the vacating member was appointed.

The Agency must pay to the Chairperson, the Deputy Chairperson and other members such salaries, fees and allowances as the Minister may determine.

The quorum at every meeting of the Agency is the higher of the following:

The Chairperson or, in his or her absence, the Deputy Chairperson presides at all meetings of the Agency and, in the absence of the Chairperson and the Deputy Chairperson, the members present must elect one of their number to preside.

Meetings of the Agency must be held at such times and places as the Chairperson may determine.

All questions arising at any meeting must be decided by a majority of votes of the members present and voting.

At any meeting of the Agency, the Chairperson or, in his or her absence, the Deputy Chairperson has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote.

The validity of any proceedings of the Agency is not affected by any vacancy amongst its members or by any defect in the appointment of any member.

Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Agency may regulate its own proceedings.

Subject to the provisions of this Act, the functions and duties of the Agency are as follows:

The Agency may undertake any other functions that the Minister may assign to the Agency and in so doing, the Agency is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Agency in respect of those functions.

Nothing in this section is to be construed as imposing on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

The Agency may appoint, alter or discharge committees, consisting of one or more persons (whether members or not), and define or vary the terms of reference of those committees.

Subject to the provisions of this Act and the Public Sector (Governance) Act 2018 and to the control of the Agency, each committee appointed under this section may regulate its procedure in such manner as the committee thinks fit.

The Agency may in respect of a specified matter or class of matters, by writing, delegate to any member, officer or committee of the Agency any of its powers under this Act or under any other written law.

Every member, officer or committee purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

There must be a chief executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.

The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive —

The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.

The Agency may in writing appoint an individual (who may or may not be a public officer) to be an auxiliary officer to assist the officers and employees of the Agency in the performance of any function of the Agency.

The Agency may, for any reason that appears to the Agency to be sufficient, at any time revoke an individual’s appointment as an auxiliary officer.

An auxiliary officer is to be issued with such equipment, or such description of equipment, as the chief executive may determine necessary for the effectual discharge of the duties of an auxiliary officer.

An auxiliary officer is not an officer or employee of the Agency.

An individual who is appointed as an auxiliary officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Agency.

No suit or other legal proceedings shall lie personally against any member, officer or employee of the Agency or other person acting under the direction of the Agency for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law.

A claim against the Agency or Government does not arise solely on the ground that —

Where the Agency provides a service to the public by which information is supplied to the public, neither the Agency nor any of its employees involved in the supply of that information is liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith and in the ordinary course of the discharge of the duties of such employees.

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Agency, be sent without delay to the Minister.

The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.

The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Agency, and the Agency is bound by the Minister’s decision.

Despite any provision of this section, the Agency may transfer all or any part of moneys assigned to one item of expenditure to any item under the same head of expenditure in any estimates approved by the Minister.

The Agency cannot raise loans for the performance of its functions under this Act or any other Act administered by the Agency except in accordance with this section.

Subject to subsection (3), the Agency may raise loans by —

The Agency may raise loans —

For the purposes of this section, the power to raise loans includes the power to make any financial agreement under which credit facilities are granted to the Agency for the purchase of goods, materials or things.

The Agency must open and maintain an account with such bank or banks as the Agency thinks fit.

Every such account must be operated by such person authorised to do so by the Agency.

As from 1 July 2002, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by any of the departments specified in the Schedule and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to any such department are transferred to and vest in the Agency without further assurance, act or deed.

If any question arises as to whether any particular property, or whether any particular asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Agency under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested.

Any immovable property to be transferred to and vested in the Agency under subsection (1) is held by the Agency upon such tenure and subject to such terms and conditions as the President may determine.

All proceedings in respect of the transferred properties by or against the Government which are pending on 1 July 2002 may be continued, completed and enforced by or against the Agency.

Every agreement relating to any of the transferred properties to which the Government was a party immediately before 1 July 2002, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if —

As from 1 July 2002, such persons or categories of persons as the Minister may determine who, immediately before that date, were employed by the Government and posted to any of the departments specified in the Schedule are transferred to the service of the Agency on terms no less favourable than those enjoyed by them immediately prior to their transfer.

If any question arises as to whether any person or category of persons has been transferred to the service of the Agency under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the person or category of persons was or was not so transferred.

Until such time as terms and conditions of service are drawn up by the Agency, the scheme and terms and conditions of the Government continue to apply to every person transferred to the service of the Agency under subsection (1) as if the person were still in the employment of the Government.

The terms and conditions to be drawn up by the Agency must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Agency under section 33 while in the employment of the Government.

Any term or condition relating to the length of service with the Agency must recognise the length of service of the persons so transferred while in the employment of the Government to be service with the Agency.

Nothing in the terms and conditions to be drawn up by the Agency adversely affects the conditions that would have been applicable to persons transferred to the service of the Agency as regards any pension, gratuity or allowance payable under the Pensions Act 1956.

Where a person has been transferred to the service of the Agency under section 33, the Government is liable to pay to the Agency such portion of any pension, gratuity or allowance payable to the person on his retirement as the same bears to the proportion which the aggregate amount of the person’s pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Agency.

Where any person in the service of the Agency, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Agency or is discharged from such service, the Agency may grant to him or her or to such other person wholly or partly dependent on him or her, as the Agency thinks fit, such allowance or gratuity as the Agency may determine.

Where, on 1 July 2002, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Agency, the proceedings must be carried on and completed by the Agency.

Where, on 1 July 2002, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or direction had been made thereon, the committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date.

Any order, ruling or direction made by a committee under this section is treated as an order, a ruling or a direction of the Agency and has the same force or effect as if it had been made by the Agency pursuant to the authority vested in the Agency under this Act.

All proceedings or causes of action pending or existing immediately before 1 July 2002 by or against the Government in respect of any of the departments specified in the Schedule may be continued, completed and enforced by or against the Agency.

As from 1 July 2007, such movable and immovable property vested in the Health Sciences Authority as may be determined by the Minister for Finance and used or managed by the Centre for Radiation Protection and all assets, interests, rights, privileges, liabilities and obligations of the Health Sciences Authority relating to the Centre for Radiation Protection are transferred to and vest in the Agency without further assurance, act or deed.

As from 1 July 2007, all persons employed immediately before that date by the Health Sciences Authority and posted to the Centre for Radiation Protection are transferred to the service of the Agency on terms no less favourable than those enjoyed by them immediately prior to their transfer.

All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 July 2007 to which the Health Sciences Authority is a party and relating to the Centre for Radiation Protection or to any person transferred to the service of the Agency under subsection (2) continue in force on and after that date and are enforceable by or against the Agency as if the Agency had been named therein or had been a party thereto instead of the Health Sciences Authority.

Section 32(2) to (5) applies, with the necessary modifications, to the transfer of property, assets, interests, rights, privileges, liabilities and obligations mentioned in subsection (1).

Sections 33(2), 34, 35, 37 and 38 apply, with the necessary modifications, to the transfer of persons mentioned in subsection (2).

The Agency has the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit that symbol or representation in connection with its activities or affairs.

Any person who uses a symbol or representation identical with that of the Agency, or which so resembles the Agency’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

Where, in any emergency, the chief executive is of the opinion that the public health or the safety of the public may be adversely affected, the chief executive may direct any officer or employee of the Agency to enter upon any land, after giving reasonable notice, to set up a meteorological observation station and to operate the station in such manner as may be reasonably necessary.

The Agency must pay compensation to the owner of the land for any permanent damage caused to the land in the exercise of the powers conferred by subsection (1).

If any dispute arises as to the amount of compensation payable to the owner of such land, the dispute may be summarily determined by a District Court or a Magistrate’s Court.

Except as provided in subsection (2), no action may be brought against the Agency for any compensation in respect of any damage caused arising out of the exercise of the powers conferred by subsection (1).

In addition to the powers conferred on an officer or employee of the Agency by this Act or any environmental written law, the officer or employee may —

Any person who —

In this section —

“photograph” includes making a digital image or a moving visual record;

“scene”, in relation to an offence under this Act or any environmental written law, means —

The chief executive must, in writing, issue to each auxiliary officer an authorisation specifying the powers mentioned in subsection (3) that the auxiliary officer may exercise, and no other powers.

The powers that an auxiliary officer may be authorised under this section to exercise may be exercised only to the extent authorised by the chief executive under this section and directed by an officer or employee of the Agency.

An auxiliary officer may be authorised under this section to exercise all or any of the powers conferred on an officer or employee of the Agency by this Act or any environmental written law, in relation to any offence under this Act or that environmental written law.

The authorisation of the chief executive under subsection (1) issued to an auxiliary officer may also do all or any of the following:

An auxiliary officer who is authorised under subsection (1) to exercise any power in subsection (3) —

Without affecting subsection (5), where any law or written law protects an officer or employee of the Agency from liability for the officer’s or employee’s acts or omissions, that law or written law is taken to operate as if those acts or omissions included an auxiliary officer’s acts or omissions when acting in the course of the auxiliary officer’s duty as an auxiliary officer in accordance with —

To avoid doubt, an auxiliary officer does not cease to be acting on the direction of an officer or employee of the Agency by reason only that the officer or employee is not present at all times.

Where an offence under this Act committed by a body corporate is proved —

Where the affairs of the body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

Where an offence under this Act committed by a partnership is proved —

Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —

In this section —

“officer” —

“partner” includes a person purporting to act as a partner.

Subject to subsection (3), a document or certificate purporting to be a report under the hand of the chief executive or any officer authorised by the chief executive upon any matter or thing in connection with the administration or enforcement of this Act or with an investigation carried out under this Act is admissible as evidence in any proceedings under this Act and is prima facie evidence of the facts stated therein.

For the purposes of this section, a document purporting to be a certificate mentioned in subsection (1) on its production by the prosecution is, until the contrary is proved, deemed to be such a certificate.

A certificate mentioned in subsection (1) shall not be received in evidence under that subsection unless the person charged has been given —

Where a certificate of the chief executive or any officer authorised by him or her is admitted in evidence under subsection (1), the person charged may require the chief executive or such officer to be called as a witness for the prosecution and be cross-examined as if he or she had given evidence of the matters stated in the certificate.

The chief executive or any officer authorised by him or her may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $1,000.

On payment of the sum of money, no further proceedings are to be taken against such person in respect of the offence.

The Agency may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded and the method and procedure by which those offences may be compounded under this section.

All composition sums collected under this section must be paid into the Consolidated Fund.

Except for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or where required or allowed by the provisions of any written law, a person who is or has been —

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

The Agency may, with the approval of the Minister, make regulations for all or any of the following purposes:

The regulations may provide that a contravention thereof shall be punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.