Sewerage and Drainage (Protection of Public Sewerage System) Regulations 2017

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 public sewerage system running through the public sewer corridor;

such other plan, information, technical report, certificate and document as the Board may require.

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.

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); or

if the plan does not require the Commissioner’s approval, is verified by the person mentioned in sub‑paragraph (b).

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 5(3), 12(1)(a) or 15(2)(a) in relation to the approved plan;

in accordance with regulation 10; or

upon the revocation by the Board of the approval for the plan.

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 5;

any application for permission to amend the plan under regulation 6;

any application for an extension of the commencement window period for the activity under regulation 8;

any measure imposed by the Board under regulation 12(1)(b) has not been complied with.

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.

does not require the Commissioner’s approval; and

is prepared and submitted in accordance with regulation 5(1)(b)(ii)(B).

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).

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 5(3), 12(1)(a) or 15(2)(a);

notify the Board of any contravention of —

the Act;

these Regulations; or

any condition or requirement imposed by the Board under regulation 5(3), 12(1)(a) or 15(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.

does not require the Commissioner’s approval; and

is prepared and submitted in accordance with regulation 5(1)(b)(ii)(B).

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 9(4), and make an application under regulation 5 (as modified under paragraph (4)) to the Board for approval of the plan for the activity.

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).

carry out or cause to be carried out a construction survey to establish whether the public sewerage system which runs through that part of the public sewer corridor is damaged or adversely affected by the activity; and

submit a copy of the report of the construction survey to the Board within the time specified in paragraph (2).

such time as may be specified by the Board; or

where the Board does not specify any time —

in the case of a specified activity with a plan requiring the Commissioner’s approval and in respect of which an application is made for the issue of a compliance certificate under section 33(8) of the Act, when the application is made; and (ii)in any other case, when the declaration and certificate of completion of works is submitted under regulation 9(4)(f).

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 public sewerage system.

the owner or occupier of the premises at which the specified activity is carried out; or

a responsible person of the specified activity.

any specified activity carried out outside any public sewer corridor which appears to the Board to adversely affect or is likely to adversely affect any public sewerage system, directly or indirectly; or

any specified activity carried out in a part of a public sewer corridor.

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.

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.

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.

regulation 4(2), 6(4), 12(2), 13(2) or 14(4);

regulation 9(3) in respect of a contravention of regulation 9(2)(a).

regulation 9(3) in respect of a contravention of regulation 9(2)(b);

regulation 9(5) or 11(3).