38. Power to prohibit work and processes in certain circumstances
Feedback & supportWhere the Director reports to the Minister that any trade effluent which is being discharged from any premises into the public sewerage system, or any drain, river, lake, pond or reservoir, is dangerous to health or safety or will cause damage to the public sewerage system, the Minister may by order direct the occupier of the premises —
Director
“Director” means the Director of Water Pollution Control and Drainage appointed under section 3 and includes a Deputy Director and an Assistant Director of Water Pollution Control and Drainage;
to cease forthwith the discharge of such trade effluent into the public sewerage system or any drain, river, lake, pond or reservoir;
to take such steps as may be specified in the order to treat the trade effluent which is complained of; and
to cease forthwith the carrying on of any process or work which produces the trade effluent either indefinitely or until such steps have been taken, as is specified in the order, and to treat such trade effluent before it is discharged into the public sewerage system or any drain, river, lake, pond or reservoir.
The occupier of any premises who fails to comply with an order under subsection (1) 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 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
occupier
“occupier”, in relation to any premises, means the person in occupation of any premises or having the charge, management or control thereof and, in relation to any part of any premises different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;
Where the occupier of any premises has failed to comply with an order under subsection (1), the Director may at all reasonable times enter upon the premises and take such measures and execute such work as may be necessary to comply with the order.
premises
“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;
Any person who is aggrieved by an order made by the Minister under subsection (1) may within 28 days from the date of the order appeal to the High Court which may rescind or vary the order.
Notwithstanding that an appeal has been made under subsection (4), an aggrieved person shall comply with the order pending the outcome of the appeal to the High Court and the Director may exercise the powers conferred under subsection (3).[37