Regulation 1
Citation and commencement
These Regulations are the Public Utilities (Protection of Water Pipes Infrastructure) Regulations 2017 and come into operation on 30 June 2017.
/akn/sg/act/sub_leg/2001/PUA-S337-2017
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Quick answer
Public Utilities (Protection of Water Pipes Infrastructure) Regulations 2017 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation PUA-S337-2017 2001, currently marked in force and first recorded in 2001.
Part 1
Citation and commencement
These Regulations are the Public Utilities (Protection of Water Pipes Infrastructure) Regulations 2017 and come into operation on 30 June 2017.
General definitions
In these Regulations, unless the context otherwise requires —“approved plan”, in relation to a specified activity, means a plan for the activity —
that is approved by the Board pursuant to an application under regulation 6, as may be amended with the permission of the Board under regulation 8; and
that has not ceased to be an approved plan under regulation 9;“commencement window period”, in relation to a specified activity, means the period mentioned in regulation 10 during which the activity must commence;“construction survey” means a survey of —
the part of the water pipe corridor in which a specified activity is proposed to be or has been carried out; and
such other part of the water pipe corridor as the Board considers may be affected by the carrying out of the specified activity,for the purpose of establishing the location, depth and structural condition of the water supply system in that part of the water pipe corridor;“contractor”, in relation to a specified activity, means a person who carries out the activity for the person’s own account, or for another person (whether or not for any reward), but does not include a person who carries out the activity under a contract of service;“plan”, in relation to any specified activity, includes any drawing, detail, diagram, calculation, and structural detail and calculation, showing or relating to the activity;“qualified person” has the same meaning as in section 2(1) of the Building Control Act (Cap. 29);“registered professional engineer” means a person who is registered under the Professional Engineers Act (Cap. 253) as a professional engineer in respect of one or more of the following:
civil engineering;
structural engineering;
geotechnical engineering;“responsible person”, in relation to any specified activity, means any of the following:
the contractor of the activity;
the qualified person or registered professional engineer appointed for the purpose of —
preparing and submitting the application for the approval of the plan for the activity under regulation 6; or
preparing and submitting the notice of the plan for the activity under regulation 7;“supervisor” means the person appointed as such under regulation 11(2);“the Commissioner’s approval”, in relation to any plan for any specified activity, means the approval of the Commissioner of Building Control for the plan under section 5 of the Building Control Act;“water pipe corridor” means the land and space bounded by 2 vertical planes as illustrated in the First Schedule, through which any pipe of a water supply system runs (whether under, on or above ground);“water supply system” means apparatus, appliance, fittings, pipes and works belonging to the Board used in connection with the collection, production, conveyance or supply of water.
“approved plan”, in relation to a specified activity, means a plan for the activity —
that is approved by the Board pursuant to an application under regulation 6, as may be amended with the permission of the Board under regulation 8; and
that has not ceased to be an approved plan under regulation 9;
“commencement window period”, in relation to a specified activity, means the period mentioned in regulation 10 during which the activity must commence;
“construction survey” means a survey of —
the part of the water pipe corridor in which a specified activity is proposed to be or has been carried out; and
such other part of the water pipe corridor as the Board considers may be affected by the carrying out of the specified activity,for the purpose of establishing the location, depth and structural condition of the water supply system in that part of the water pipe corridor;
“contractor”, in relation to a specified activity, means a person who carries out the activity for the person’s own account, or for another person (whether or not for any reward), but does not include a person who carries out the activity under a contract of service;
“plan”, in relation to any specified activity, includes any drawing, detail, diagram, calculation, and structural detail and calculation, showing or relating to the activity;
“qualified person” has the same meaning as in section 2(1) of the Building Control Act (Cap. 29);
“registered professional engineer” means a person who is registered under the Professional Engineers Act (Cap. 253) as a professional engineer in respect of one or more of the following:
civil engineering;
structural engineering;
geotechnical engineering;
“responsible person”, in relation to any specified activity, means any of the following:
the contractor of the activity;
the qualified person or registered professional engineer appointed for the purpose of —
preparing and submitting the application for the approval of the plan for the activity under regulation 6; or
preparing and submitting the notice of the plan for the activity under regulation 7;
“supervisor” means the person appointed as such under regulation 11(2);
“the Commissioner’s approval”, in relation to any plan for any specified activity, means the approval of the Commissioner of Building Control for the plan under section 5 of the Building Control Act;
“water pipe corridor” means the land and space bounded by 2 vertical planes as illustrated in the First Schedule, through which any pipe of a water supply system runs (whether under, on or above ground);
“water supply system” means apparatus, appliance, fittings, pipes and works belonging to the Board used in connection with the collection, production, conveyance or supply of water.
Meaning of “specified activity”
In these Regulations, “specified activity” means one or more of the following activities:
the carrying out of any earthwork for site formation, whether by excavation, filling or backfilling;
the excavation of any trench, well, pond or pool, or excavation for any underground structure which is more than 0.5 metre in depth;
the excavation of earth, rock or other material by means of explosives;
the carrying out of any ground exploratory or testing work, including through soil boreholes and geological surveys;
the installation of any foundation, sheet‑pile, piled foundation, earth retaining or stabilising structure, ground anchor, horizontal tie‑back, or any other similar installation;
the carrying out of any ground stabilising work, including jet grouting, soil compacting and ground freezing;
the carrying out of any tunnelling, excavation work or jacking work;
the erection of any temporary or permanent structure, including any site office or showflat;
the installation of any heavy construction machine or plant, including the stacking and installation of any concrete block for pile testing;
the installation of any container box;
the planting of any tree or vegetation, or the carrying out of any landscaping activity;
the stacking or transportation of any heavy material.
Purpose of Regulations
The purpose of these Regulations is to help prevent any damage caused by any specified activity to apparatus belonging to the Board used in connection with the collection, production, conveyance or supply of water.
Part 2
Obligations relating to specified activity
A contractor who is engaged in or is to carry out any specified activity within a part of a water pipe corridor through which a water pipe with a diameter of at least 300 millimetres runs must ensure that the activity is carried out in accordance with an approved plan (including any amendment permitted to the plan) for the activity.
A contractor who is engaged in or is to carry out any specified activity within a part of a water pipe corridor through which a water pipe with a diameter of less than 300 millimetres runs must —
ensure that the activity is carried out in accordance with a plan for the activity (including any amendment to it) notice of which has been given to the Board under regulation 7 or 8(4) (as the case may be); and
ensure that at least 28 days have elapsed starting from the date on which the notice was given to the Board, before the activity is carried out.
Any person who contravenes paragraph (1) or (2) shall be guilty of an offence.
Application for approval of plan for specified activity
An application to the Board for the approval of the plan for any specified activity within a water pipe corridor that is required for the purpose of regulation 5(1) must —
be made by the contractor of the activity;
be prepared and submitted —
if the plan requires the Commissioner’s approval, by a qualified person appointed for the purposes of this regulation; or
if the plan does not require the Commissioner’s approval —
by a registered professional engineer appointed for the purposes of this regulation; or
if the Board permits in any particular case, by the contractor;
be accompanied by the plan; and
unless the Board otherwise permits in any particular case for a plan that does not require the Commissioner’s approval, be accompanied by one or more of the following documents as the Board may require:
a report of a construction survey;
a method statement detailing how the specified activity is proposed to be carried out;
an impact assessment report on the water supply system running through the water pipe corridor;
such other plan, information, technical report, certificate and document as the Board may require.
The documents mentioned in paragraph (1)(c) and (d) must —
if they relate to a plan that requires the Commissioner’s approval, be prepared by the qualified person that prepared the application; or
if they relate to a plan that does not require the Commissioner’s approval, be verified by —
the registered professional engineer that prepared the application; or
if the Board permits in any particular case, the contractor.
The Board may, in granting any permission under paragraph (1)(b)(ii)(B) or (d) or (2)(b)(ii), impose such conditions (including conditions subsequent) on the contractor as the Board thinks fit.
Notice to Board of specified activity
A notice to the Board of a plan for any specified activity within a water pipe corridor that is required for the purpose of regulation 5(2) must —
be made by the contractor of the activity;
be prepared and submitted —
if the plan requires the Commissioner’s approval, by a qualified person appointed for the purposes of this regulation; or
if the plan does not require the Commissioner’s approval —
by a registered professional engineer appointed for the purposes of this regulation; or
if the Board permits in any particular case, by the contractor;
be accompanied by the plan; and
unless the Board otherwise permits in any particular case for a plan that does not require the Commissioner’s approval, be accompanied by one or more of the following documents as the Board may require:
a report of a construction survey;
a method statement detailing how the activity is proposed to be carried out;
an impact assessment report on the water supply system running through the water pipe corridor;
such other plan, information, technical report, certificate and document as the Board may require.
The documents mentioned in paragraph (1)(c) and (d) must —
if they relate to a plan that requires the Commissioner’s approval, be prepared by the qualified person that prepared the notice; or
if they relate to a plan that does not require the Commissioner’s approval, be verified by —
the registered professional engineer that prepared the notice; or
if the Board permits in any particular case, the contractor.
The Board may, in granting any permission under paragraph (1)(b)(ii)(B) or (d) or (2)(b)(ii), impose such conditions (including conditions subsequent) on the contractor as the Board thinks fit.
Amendments to approved plan or notified plan
The contractor of any specified activity with an approved plan may apply to the Board for permission to amend the approved plan.
An application under paragraph (1) must —
be made by the contractor;
be prepared by the person who prepared the application for approval for the plan; and
be accompanied by the approved plan with the amendment sought indicated on it, which —
if the plan requires the Commissioner’s approval, is prepared by the person mentioned in sub‑paragraph (b); and
if the plan does not require the Commissioner’s approval, is verified by the person mentioned in sub‑paragraph (b).
Where the Board permits an amendment to an approved plan under this regulation and the contractor fails to comply with any condition imposed under regulation 17(2)(a) in relation to the amendment, then, upon the non‑compliance, the permission for the amendment lapses and the contractor may continue carrying out the specified activity only in accordance with the plan without the amendment.
The contractor of any specified activity the plan for which is notified to the Board under regulation 7 must notify the Board of any amendment to the plan at least 14 days before the commencement of any works relating to the amendment.
The contractor must ensure that the following are satisfied in respect of the notice under paragraph (4):
the notice is made by the contractor;
the notice is prepared by the person who prepared the notice for the plan under regulation 7;
the notice must be accompanied by the plan with the amendment sought indicated on it, which —
if the plan requires the Commissioner’s approval, is prepared by the person mentioned in sub‑paragraph (b); and
if the plan does not require the Commissioner’s approval, is verified by the person mentioned in sub‑paragraph (b).
Any person who contravenes paragraph (3), (4) or (5) shall be guilty of an offence.
Cessation of approval for plan
A plan for any specified activity ceases to be an approved plan —
if the activity does not start before the end of the commencement window period for that activity;
upon the failure of the contractor to comply with any condition or requirement imposed by the Board under regulation 6(3), 14(1)(a) or 17(2)(a) in relation to the approved plan;
in accordance with regulation 12; or
upon the revocation by the Board of the approval for the plan.
For the purpose of paragraph (1)(d), the Board may revoke the approval for any plan upon being satisfied of any of the following:
any information or document submitted to the Board in connection with any of the following is false or misleading:
the application for approval of the plan under regulation 6;
any application for permission to amend the plan under regulation 8;
any application for an extension of the commencement window period for the activity under regulation 10;
any measure imposed by the Board under regulation 14(1)(b) has not been complied with.
The Board must, before revoking the approval for any plan, give the contractor concerned notice in writing of the Board’s intention to do so specifying a date, not less than 7 days after the date of the notice, on which such revocation is to be made and calling on the contractor to show cause to the Board why the approval should not be revoked.
Time for commencement of specified activity
The contractor for any specified activity with an approved plan must ensure that the activity is commenced before the end of the period of 12 months after the date on which the Board approves the plan, including any extension of that period under this regulation.
The contractor may apply to the Board for an extension of the commencement window period not later than 14 days before the expiry of the commencement window period.
If the contractor of the specified activity fails to comply with any condition imposed under regulation 17(2)(a) in relation to the extension of a commencement window period applicable to the activity, then —
if the non‑compliance occurs before the commencement window period (without the extension) expires, the extension ceases to apply; and
if the non‑compliance occurs during the extension, the commencement window period expires upon the non‑compliance.
Supervision of specified activities
This regulation does not apply to any specified activity with an approved plan, if the plan —
does not require the Commissioner’s approval; and
is prepared and submitted in accordance with regulation 6(1)(b)(ii)(B).
A contractor of any specified activity with an approved plan to be carried out in a water pipe corridor must —
appoint the following person as a supervisor to supervise the carrying out of the activity:
if the plan for the activity requires the Commissioner’s approval, the qualified person who prepared the application for the approval of the plan;
if the plan for the activity does not require the Commissioner’s approval, the registered professional engineer who prepared the application for the approval of the plan; and
ensure at all times when the activity is carried out, that it is supervised by the supervisor appointed under sub‑paragraph (a).
A contractor who contravenes paragraph (2) shall be guilty of an offence.
The supervisor must —
exercise due diligence in supervising and inspecting the carrying out of the activity;
take all reasonable steps when supervising and inspecting the carrying out of the activity, to ensure that the activity is carried out in accordance with —
the Act;
these Regulations;
the approved plan for the activity; and
any condition or requirement imposed by the Board under regulation 6(3), 14(1)(a) or 17(2)(a);
notify the Board of any contravention of —
the Act;
these Regulations; or
any condition or requirement imposed by the Board under regulation 6(3), 14(1)(a) or 17(2)(a);
keep and maintain at the premises at which the activity is carried out, such document, book or record as the Board may require;
carry out the inspection of the activity in such manner as the Board may require;
submit to the Board a declaration and certificate of completion of works relating to the activity in such form and at such time as the Board specifies; and
submit such other document to the Board at such time as the Board may specify.
Any supervisor who contravenes paragraph (4) shall be guilty of an offence.
In any prosecution against a person for failing to comply with paragraph (4)(c), it is a defence for the person to prove to the satisfaction of the court that he or she could not reasonably have discovered the contravention mentioned in the charge.
Resignation or termination of appointment of supervisor, etc.
This regulation does not apply to any specified activity with an approved plan, if the plan —
does not require the Commissioner’s approval; and
is prepared and submitted in accordance with regulation 6(1)(b)(ii)(B).
Where, at any time after the plan for a specified activity is approved, an event specified in the first column of the Second Schedule occurs, the person specified opposite in the second column of that Schedule for the event must notify the Board in writing of that event within 14 days after the date specified opposite in the third column of that Schedule for the event.
Where at any time after the plan for a specified activity is approved, an event specified in the first column of the Second Schedule occurs —
subject to paragraph (5), the approved plan for the specified activity ceases to be an approved plan at the end of the period of 14 days after the date specified opposite in the third column of that Schedule for the event; and
if the contractor wishes to continue with the specified activity, the contractor must ensure that another qualified person or registered professional engineer is appointed as a supervisor to carry out the duties in regulation 11(4), and make an application under regulation 6 (as modified under paragraph (4)) to the Board for approval of the plan for the activity.
For the purpose of paragraph (3)(b), the application must (in addition to the requirements of regulation 6) include the following:
the details of the part of the specified activity carried out under the supervision of the previous supervisor;
the details of the part of the specified activity to be carried out under the supervision of the supervisor appointed under paragraph (3)(b).
Despite paragraph (3)(a), if the application mentioned in paragraph (3)(b) is made before the expiry of the period mentioned in paragraph (3)(a), the approved plan for the specified activity mentioned in paragraph (3)(a) ceases to be an approved plan on the day the Board grants or refuses to grant the application, as the case may be.
Construction survey following completion of specified activity
Upon the completion of any specified activity in a part of a water pipe corridor, the contractor of the activity must within such time as may be specified by the Board —
carry out or cause to be carried out a construction survey to establish whether the water supply system which runs through that part of the water pipe corridor is damaged or adversely affected by the activity; and
submit a copy of the report of the construction survey to the Board.
A contractor who contravenes paragraph (1) shall be guilty of an offence.
Part 3
Power to impose additional conditions, etc.
Where the carrying out in a part of a water pipe corridor of any specified activity is, in the opinion of the Board, likely to damage any part of the water supply system which runs through that corridor, the Board may, by notice in writing, require a responsible person of the activity to —
comply with such requirements as the Board thinks fit to impose; and
take such measures as may be necessary,to prevent, stop or remedy any damage to the water supply system.
Any person who fails to comply with a notice given by the Board under paragraph (1) shall be guilty of an offence.
Power to require stoppage of specified activity
Without prejudice to regulation 14, where the carrying out in a part of a water pipe corridor of any specified activity has caused damage or, in the opinion of the Board, is likely to cause damage to any part of the water supply system which runs through that corridor, the Board may, by notice in writing, require the responsible person of the activity to stop carrying out, or causing or permitting to be carried out, the activity indefinitely or for such period as the Board may specify.
Any person who fails to comply with a notice given under paragraph (1) shall be guilty of an offence.
Power to require information, etc., on specified activity
The Board may at any time, by notice in writing, require any person mentioned in paragraph (2) to furnish such information and documents as the Board may specify in respect of any specified activity mentioned in paragraph (3) in such form and manner and within such time as the Board may specify.
For the purposes of paragraph (1), the persons are —
the owner or occupier of the premises at which the specified activity is carried out; or
a responsible person of the specified activity.
For the purpose of paragraph (1), the specified activity is —
any specified activity carried out outside any water pipe corridor which appears to the Board to adversely affect or is likely to adversely affect any water supply system, directly or indirectly; or
any specified activity carried out in a part of a water pipe corridor.
Any person who, without reasonable excuse, fails to comply with the Board’s requirement under paragraph (1) shall be guilty of an offence.
Part 4
Applications to Board
An application made to the Board under these Regulations must be in such form and manner as the Board may specify.
The Board must consider every application received by it, and may do any of the following:
grant the application, with or without conditions (including conditions subsequent);
direct the contractor to comply with such requirements as the Board may specify with respect to the subject matter of the application and resubmit the application within such period as may be specified in the direction;
refuse to grant the application.
Where the application mentioned in paragraph (2)(a) is an application to extend a commencement window period, the Board must, in granting the application, also fix the period of the extension.
False or misleading information, etc.
Where any application made under these Regulations, or any document accompanying the application —
is false or misleading;
was not made, prepared or verified by the person by whom it purports to have been made; or
was altered or tampered with,then the contractor, and any qualified person or registered professional engineer involved with the application who knows or has reason to believe that the application is false or misleading, was not made, prepared or verified by the person by whom it purports to have been made, or was altered or tampered with, shall each be guilty of an offence and shall each 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 any person provides to the Board under regulation 16 any information or document which —
in the case of any information or document, is false or misleading; and
in the case of any document —
was not made by the person by whom it purports to have been made; or
was altered or tampered with,and the person knows or has reason to believe that the information or document is false or misleading, or the document was not made by the person mentioned in sub‑paragraph (b)(i), or was altered or tampered with, then the firstmentioned person 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.
Penalty
Any person who is guilty of an offence under any of the following provisions 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 the day during which the offence continues after conviction:
regulation 5(3) in respect of a contravention of regulation 5(1) or (2)(a);
regulation 8(6) in respect of a contravention of regulation 8(3);
regulation 11(3) in respect of a contravention of regulation 11(2)(a);
regulation 14(2), 15(2) or 16(4).
Any person who is guilty of an offence under any of the following provisions shall be liable on conviction to a fine not exceeding $10,000:
regulation 5(3) in respect of a contravention of regulation 5(2)(b);
regulation 8(6) in respect of a contravention of regulation 8(4) or (5);
regulation 11(3) in respect of a contravention of regulation 11(2)(b);
regulation 11(5) or 13(2).
Water pipe corridor
FIRST SCHEDULERegulation 2Water pipe corridor1.—
Where “X” is the distance of each of Plane 1 and Plane 2 from the centreline of the water pipe and is —
in the case of a water pipe with a diameter that is less than 900 millimetres, 10 metres;
in the case of a water pipe with a diameter that is equal or more than 900 millimetres, 20 metres; and
in the case of a pipe tunnel or a tunnelled mains, 40 metres.(2) In paragraph (1) —“pipe tunnel” means a passage that is built under or above ground for the purpose of carrying utility lines such as water supply pipes and sewer pipes;“tunnelled main” means a pipe that is constructed by manual or mechanical tunnelling.
SECOND SCHEDULERegulation 12 First columnEventSecond columnPerson to notify the BoardThird columnDate1.Resignation by the person appointed as supervisor (S)SThe date on which the resignation becomes effective 2.S ceasing to be a qualified person or a registered professional engineer (as the case may be)SThe date of the cessation3.Cancellation of the appointment of S by the contractor The contractor The date on which the cancellation becomes effective4.Death of SThe contractor The date on which the contractor first learnt of S’s death5.S becomes unable to carry out the duties of a supervisor for any other reasonThe contractor The date on which the contractor first learnt of S’s inability to carry out the duties of a supervisor