Water Pollution Control and Drainage (Amendment) Bill

The Minister may make such regulations as he considers necessary or desirable with respect to —

the conservation, quality and use of inland water; and

the enhancement and preservation of amenity in connection with inland water.(2) In this section, “inland water” includes any river, stream, reservoir, lake or pond, whether natural or artificial.Penalties for discharging toxic substances into inland water14A.—

Every person who discharges or causes or permits to be discharged any toxic substance into any inland water so as to be likely to give rise to an environmental hazard shall be guilty of an offence and shall be liable on conviction —

for a first offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and

for a second or subsequent offence, to imprisonment for a term of not less than one month and not more than one year and in addition to a fine not exceeding $20,000.(2) Where a person carrying on any trade or business has been convicted of a third offence under this section for the discharge of, or for causing or permitting the discharge of, any toxic substance which is produced by any process or work in connection with that trade or business, the Minister may by order direct that person to cease forthwith to carry on that process or work either indefinitely or for any such period as may be specified in the order; and if that person fails to comply with any such order the Director may take such steps or measures as are necessary to ensure that the order is complied with and shall be entitled to recover from that person the costs and expenses incurred by the Director.(3) In this section —“inland water” has the same meaning as in section 14;“toxic substance” means any trade effluent, chemical, oil or any other substance which is noxious, injurious or polluting.(4) For the purposes of this section —

a person shall be deemed to have discharged toxic substance into any inland water if he places the substance or causes it to be placed in a position where it is liable to fall or descend or be washed or to percolate or be blown into the water;

the discharge of a toxic substance shall be deemed to give rise to an environmental hazard if the substance has been discharged or placed in such a manner or in such quantity (whether by itself or with any other substance) as to subject persons or animals to a material risk of death, injury or impairment of health or as to threaten the pollution (whether on the surface or underground) of any inland water; and

the fact that the toxic substance is placed in containers shall not of itself be taken to exclude any environmental hazard which might be expected to arise if the substance were not in containers.(5) No prosecution shall be instituted under this section without the written consent of the Public Prosecutor.”.