Public Utilities Act 2001

“AMI meter” or “Advanced Metering Infrastructure meter” means —

“apparatus” means any water apparatus, equipment or accessory and includes all apparatus, devices and fittings in which pipes are used or of which they form a part;

“approved person” means a person given written approval under section 41 to supply piped water suitable for drinking;

“authorised officer” means an officer or employee of the Board, or an officer of any other statutory authority, authorised by the Board;

“Board” means the Public Utilities Board reconstituted under the Public Utilities Act (Cap. 261, 1996 Revised Edition) in force before 1 April 2001 and continued by section 3;

“Chairperson” means the Chairperson of the Board and includes any temporary Chairperson of the Board;

“Chief Executive” means the Chief Executive of the Board, and includes any individual acting in that capacity;

“Coastal and Flood Protection Fund” means the fund of that name established under section 18;

“coastal hazard” means any of the following:

“coastal management” includes the protection, conservation, rehabilitation and management of the coastal zone to mitigate current and future risks from coastal hazards, taking into account the effects of climate change;

“coastal zone” means any of the following in Singapore:

“connecting pipe” means a pipe from a water main to the meter position;

“consumer” means a person who is supplied with water or whose premises are for the time being connected for the purpose of a supply of water with any system of supply;

“Deputy Chairperson” means the Deputy Chairperson of the Board and includes any temporary Deputy Chairperson of the Board;

“discharge pipe” means a pipe that enables any sewage or sullage water to be conveyed from a sanitary appliance or floor trap to a drain-line;

“drain-line” has the meaning given by section 2 of the Sewerage and Drainage Act 1999;

“foreshore” means the land lying between the high‑water mark and low‑water mark of the sea as is ordinarily covered and uncovered by the flow and ebb of the tide at spring tides;

“installation” includes any plant or apparatus designed for the collection, conveyance, production, supply or use of water;

“licensed plumber” means an individual who holds a plumber’s licence;

“limited WSI design works” means the designing of any water service installation that is to be installed downstream of a meter, where the water service installation being designed does not include any pumping equipment or storage tank;

“main” means a pipe through which water is or can be supplied or conveyed, whether the pipe is in use or not;

“master meter” means a meter registering water, all or part of which is subsequently registered by one or more sub-meters;

“member” means any member of the Board;

“meter” —

“occupier” means the person in occupation of any premises and includes the person having the charge, management or control of the premises either on the person’s own account or as agent of another person, but does not include a lodger;

“plumber’s licence” means a licence granted under section 40J;

“premises” includes buildings, structures, streets, lands, waters, tenements, easements of any tenure, whether State land or not, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;

“professional engineer” means an individual who is registered as a professional engineer under the Professional Engineers Act 1991 and has in force a practising certificate issued under that Act;

“regulated works” means any sanitary works, limited WSI design works or WSI works, but does not include any of such works as the Minister may, after consulting the Board, prescribe by order in the Gazette;

“sanitary appliances” and “sanitary facilities” have the meanings given by section 2 of the Sewerage and Drainage Act 1999;

“sanitary works” means —

“sewage” and “sewerage system” have the meanings given by section 2 of the Sewerage and Drainage Act 1999;

“storage tank” means any tank or storage cistern that has a free water surface under atmospheric pressure, but does not include —

“street” includes —

“telecommunications” has the meaning given by section 2 of the Telecommunications Act 1999;

“ventilating pipe” means a pipe provided to limit the pressure fluctuations in any discharge pipe;

“vessel” means —

“water fitting” means —

“water installation” means any water-retaining structure, pumping station, pipe, water fitting, apparatus or appliance used for the supply or conveyance of water;

“water main” means any pipe used or to be used for the conveyance of water, other than a connecting pipe;

“water service installation” —

“water suitable for drinking” means —

“waterway” means a navigable river, conduit or drain;

“WSI design works” means the designing of any water service installation that is to be installed downstream of a meter, and includes any limited WSI design works;

“WSI works” means any works on any water service installation including constructing, erecting, installing, maintaining, altering, repairing or replacing the water service installation.

As from 1 April 2001, the Board continues to have a common seal and the seal may be broken, altered or made anew as the Board thinks fit.

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

The Board consists of the following members:

The First Schedule has effect as respects the Board, its members and proceedings.

Subject to the provisions of this Act, it is the function and duty of the Board to —

(da)collect and treat used water;

(ea)manage and administer the Coastal and Flood Protection Fund in accordance with this Act subject to the directions of the Minister;

(eb)carry out coastal management; (ec)ensure coordination of the policies and activities of the Government and other public authorities relating to the coastal zone so as to facilitate decisions about land use and support or restrict development and activities in Singapore so as to safeguard against coastal hazards, taking into account the effects of climate change;

(ed)support public participation in coastal management and greater public awareness, education and understanding of coastal management activities;

(fa)act as an agent of the Government in the restoration, planting or conservation of any mangroves, littoral forest or other vegetation that is necessary or expedient for coastal management on unalienated State land within the coastal zone;

In addition to the functions and duties imposed by this section, the Board may undertake any other functions that the Minister may assign to the Board, by notification in the Gazette, and, in so doing —

Nothing in this section imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject.

In this section, “public sewerage system”, “public sewers”, “stormwater drainage system”, “drain” and “drainage reserve” have the meanings given by the Sewerage and Drainage Act 1999.

Subject to the provisions of this Act, the Board may carry on any activities that appear to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act or other written law and, in particular, the Board may exercise any of the powers specified in the Second Schedule.

This section does not limit any power of the Board conferred by or under any written law.

The Board must provide the Minister with information with respect to its property and activities in the manner and at the times that the Minister may require.

The Minister may, after consultation with the Board, give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.

In addition to the power mentioned in subsection (1), if it appears to the Minister to be requisite or expedient to do so —

The Board must give effect to any direction given to it under subsection (1) or (2) despite any other duty imposed on the Board by or under this Act or other written law.

The Board must not disclose any direction given to it under subsection (1) or (2) if the Minister notifies the Board that the Minister is of the opinion that the disclosure of the direction is against the public interest.

If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister is conclusive evidence of the matters stated in the certificate.

The Board or any person authorised by the Board may by notice require any other person to furnish to the Board or the person so authorised, within the period specified in the notice, all such documents or information relating to all such matters as may be required by the Board for the purposes of this Act and as are within the knowledge of that other person or in that other person’s custody or under that other person’s control.

Any person who, on being required by notice under subsection (1) to furnish any document or information, fails to comply with any requirement of the notice shall be guilty of an offence.

Any person who —

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

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

For the discharge of its functions or duties under this Act or any other written law, the Board may raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from such source as the Minister may direct by —

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

The Coastal and Flood Protection Fund is established consisting of —

On 1 April 2020, the Government must pay into the Coastal and Flood Protection Fund such sum as the Minister for Finance may determine out of moneys to be provided by Parliament for the Coastal and Flood Protection Fund.

For the purposes of subsection (1)(d), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Coastal and Flood Protection Fund, any gain derived or loss sustained, realised or unrealised (as the case may be) from those investments.

Upon the dissolution of the Coastal and Flood Protection Fund during any term of office of the Government (within the meaning of the Constitution), the balance then remaining in that Fund must be transferred to the Consolidated Fund and added to the reserves of the Government not accumulated by it during that term of office.

The moneys in the Coastal and Flood Protection Fund may be withdrawn by the Board only for the following purposes:

However, no investment paid for with money from the Coastal and Flood Protection Fund may be written-off by the Board without the prior approval of the Minister.

To avoid doubt, no money may be withdrawn from the Coastal and Flood Protection Fund for the purposes of land reclamation by or on behalf of the Government.

The Board has the exclusive right to the use of any symbol or representation that the Board may select or devise and to 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 Board, or which so resembles the Board’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.

The prices to be charged for the supply of water by the Board and the hire of apparatus must be in accordance with such tariffs as may be prescribed.

Subject to section 14, for the purpose of determining the price to be charged for the supply of water by it, the Board may take into consideration all costs incurred in enabling it to supply the water, including (but not limited to) the following:

In determining the price to be charged for the supply of water by the Board, subsection (2) does not permit the Board to take into consideration —

For the purposes of subsection (1), the Board may prescribe different prices for persons differently situated, including different prices for different volumes of water supplied.

Nothing in this section prevents the Board from —

The Board must, in fixing tariffs and making agreements for the supply of water, neither show undue preference as between consumers similarly situated nor exercise undue discrimination as between persons similarly situated, having regard to the place and time of supply, the quantity supplied, and the purpose for which the supply is taken.

A waterborne tax must be paid to the Board for the discharge of the Board’s functions in relation to used water (including sewage, waste matter and effluent) and sewerage, and the waterborne tax must be of such amount and payable at such times as the Minister may, by order in the Gazette, prescribe.

The waterborne tax is payable by —

In determining the amount of the waterborne tax payable by any person, the Minister may base the calculation of the tax on all or any of the following: (a)the number of sanitary appliances which are installed in the premises;

For the purposes of subsection (7), the Minister may prescribe different amounts of waterborne tax for persons differently situated, including different amounts of waterborne tax for different volumes of water supplied and estimates of different volumes of used water (including sewage, waste matter and effluent) disposed of.

The waterborne tax collected under this section must be paid into the funds of the Board.

Without affecting section 25, any waterborne tax payable under this section may be recovered by the Board as a civil debt due to the Board.

The Board may, with the approval of the Minister, grant any person or class of persons such amount of rebate on the waterborne tax as the Board may determine.

Subject to the provisions of this Act, the Board may supply water to any person who undertakes to enter into an agreement with the Board for the supply on such terms and conditions as the Board may determine.

The Board may require any person who requires a supply of water to accept in respect of the supply —

The Board may refuse to give, or may discontinue, a supply of water to any premises which —

Without affecting subsection (3), the Board may —

The Board shall not be liable for any loss or damage caused to any person by —

Subject to this section, the Board may require any person who requires a supply of water to give the Board reasonable security for the payment to it of all moneys which may become due to the Board —

If that person fails to give the security, the Board may, if it thinks fit, refuse to give the supply or to provide any water installation for so long as the failure continues.

Where any person has not given the security mentioned in subsection (1), or the security given by any person has become invalid or insufficient —

The Board shall not be liable for any loss or damage caused to any person by the discontinuance of the supply of water to the person under subsection (3).

If any person entitled to a supply of water under any agreement under section 21 makes default in payment of any sum payable by the person under the agreement, the Board may discontinue the supply of water by severing or disconnecting any pipe (whether or not belonging to or under the control or management of the Board) or other work through which water is supplied and may, until any sum payable under the agreement together with the expenses incurred by the Board in so discontinuing the supply are fully paid, discontinue the supply of water to that person.

If, in the opinion of the Board, any person is responsible for the misuse or waste of any water supplied by the Board, the Board may give written notice to that person calling upon that person to cause the misuse or waste to be discontinued within the period specified in the notice and, if the misuse or waste continues after the expiry of that period, the Board may discontinue the supply of water to that person by severing or disconnecting the service pipe or by such other means as it thinks fit.

The Board shall not be liable for any loss or damage caused to any person by the discontinuance of the supply of water to the person under subsection (1) or (2).

The Board may, for the purposes of this Act, by its employees, agents or contractors, enter any premises at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises, for the purpose of making any survey or inspection and for the purpose of executing any work authorised by this Act to be executed by the Board without being liable to pay any person any fee, charge or expense or to any legal proceedings or molestation on account of such entry or of anything done in any part of the premises under this Act.

Subject to subsection (3), the Board must not by its employees, agents or contractors enter any dwelling house in actual occupation, except with the consent of the occupier of the house, without 6 hours’ previous notice to the occupier.

The Minister may declare that any class of premises for the control and supervision of which regulations may be made under this Act are liable to inspection at any time of the day or night, and upon the declaration any employee, agent or contractor duly authorised in writing by the Board to do so may, at any time of the day or night and without notice, enter using such force as may be necessary and search or inspect any premises of the class specified in the declaration.

The Board may, for the purposes of this Act, by its employees, agents or contractors, enter any premises at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises, for all or any of the following purposes:

Except as provided under Part 3A, the Board shall not be liable to pay any person any fee, charge or expense on account of any entry to any premises or of anything done to the premises under this section.

However, the Board must not enter any premises for the purposes specified in subsection (1) unless the Board has given at least 14 days’ written notice of intention to enter to every owner and occupier of the premises.

A notice mentioned in subsection (3) must —

The Board may serve a notice on the owner or supplier of any gas, electricity, water or telecommunication services —

The Board may give notice to the owner or occupier of any premises requiring the owner or occupier to remove any object or structure described in the notice which is erected on or attached to, or projects from, the premises if, in the opinion of the Board, the removal of the object or structure is required for any of the purposes specified in subsection (1).

Any costs and expenses reasonably incurred by the owner, supplier or occupier in complying with any notice under subsection (5) or (6) must be borne by the Board.

If the amount of any tax under this Act or the amount of any moneys which is due from any person for —

If the amount and fee are not paid within the period of 7 days, a warrant may be issued by the Board to any employee of the Board named in the warrant, directing him or her to levy the same and the costs of recovery by seizure and sale of the movable property of the defaulter.

The person to whom any such warrant is addressed may break open in the daytime any house or building for the purpose of seizing property pursuant to the warrant.

Such fees as may be prescribed are payable by way of costs in the case of the issue of a warrant for the recovery of any debts under this section.

The person to whom any such warrant is addressed must make an inventory of the property seized under the warrant and must at the same time give written notice to the person in possession of the property at the time of seizure that the property will be sold.

The property seized by virtue of any such warrant is to be sold by public auction by the person to whom the warrant is addressed or by some other person appointed by the Board at any time after the end of 7 days from the date of the seizure, unless in the meantime the amount of the debt and the costs mentioned in the warrant have been paid.

The surplus (if any) accruing from the sale, after deducting the amount of the debt and the costs, must be paid to the owner of the property so sold.

Any surplus remaining unclaimed for a period of 12 months from the date of the sale must be paid to the credit of the Board’s fund and no person thereafter is entitled to demand and receive it.

The Board may, despite any agreement made with any consumer for the supply of water, stop, turn off or divert in part or wholly the water in any main or other works under its control or management —

The Board shall not be liable in respect of any loss or damage caused to any person by reason of —

The Board may by its employees, agents or contractors, at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises, enter any premises to which water is or has been supplied by the Board for all or any of the following purposes:

The Board may by its employees, agents or contractors, at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises, enter upon or pass through any premises into, through, by, along or under which any of its mains, pipes or other works or any main, pipe or work connected therewith passes or is located —

The Board shall not be liable to pay any person any fee, charge or expense or to any legal proceedings or molestation on account of such entry or of anything done to the premises under this section.

The Board may, by its employees, agents or contractors, enter any premises adjoining to or being within the distance of 100 metres of any works by this Act authorised to be made —

However, the Board must not enter any premises for the purposes specified in subsection (1) unless the Board has given at least 7 days’ written notice of its intention to enter to every owner and occupier of the premises.

A notice mentioned in subsection (2) must —

Where the Board is of the opinion that any structure, object or any accumulation of any substance that exists above or in the vicinity of any water main, connecting pipe or meter belonging to the Board hinders or obstructs or is likely to hinder or obstruct access to the water main, connecting pipe or meter, the Board may by written notice direct —

Where the person on whom a notice under subsection (1) has been served fails to comply with it —

Where any pipe or other apparatus placed in or upon any premises for the use or supply of water to the occupier of the premises becomes obstructed or in any way damaged so as to cause a waste of water, the occupier must, immediately on the same coming to the occupier’s knowledge, give notice thereof to the Board.

Any such occupier who neglects to give such notice after acquiring such knowledge shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and the supply may be summarily discontinued by the order of the Board until the necessary repairs are effected.

Where the Government considers it necessary for water supply to be provided in any area, whether for domestic or non-domestic purposes, and where the Board considers it uneconomical to provide the supply without a contribution from the Government, the Government may make such contribution towards the capital outlay necessary to provide the supply as may be estimated by the Board and agreed by the Government.

Where the owner of any land proposes to erect on the land buildings for which water supply will be needed, whether for domestic or non-domestic purposes, and it is uneconomical for the Board to provide the supply, the Board may require the owner to make such contribution towards the capital outlay necessary to provide the supply as may be estimated by the Board and agreed by the owner.

A supply of water for domestic purposes does not include a supply of water —

If, at any time after the supply of water to any premises has been discontinued by the Board under any provision of this Act, it is found that the supply has been reinstated without the authority of the Board and the water is being used by any person on the premises, the occupier of the premises is deemed, until the contrary is proved, to have authorised such user and shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.

Where the Board has discontinued the supply of water to any premises under this Act, the Board may resume the supply within a reasonable time if the person in default —

The Board in executing any works directed or authorised to be made must provide and make a sufficient number of convenient ways, watercourses, drains and channels in the place of such as are interrupted, damaged or rendered useless by reason of the execution of the works.

The Board must make reasonable compensation to any person who suffers damage by reason of the same.

Despite any written law, a person must not enter or use any premises belonging to the Board, or reserved for the Board for laying of a main, without the prior written consent of the Board.

The Board may, by written notice, require any person whose cable, pipe, main or other property of whatever description is located under, over, in, on, along or across the premises mentioned in subsection (1) to remove the cable, pipe, main or property from the premises within the period specified in the notice.

All costs and expenses incurred by the person in complying with the notice must be borne by the person.

Any person who contravenes subsection (1) shall be guilty of an offence.