PART 2 RECONSTITUTION, FUNCTIONS,
DUTIES AND POWERS OF BOARD |
3. As from 1 April 2001, the Board continues in existence and continues to be a body corporate with perpetual succession and capable of —| (a) | suing and being sued in its corporate name; | | (b) | acquiring, owning, holding and developing or disposing of property, both movable and immovable; and | | (c) | doing and suffering any other acts or things that bodies corporate may lawfully do and suffer. |
|
4.—(1) 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. | (2) 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. |
|
5.—(1) The Board consists of the following members:| (a) | a Chairperson; | | (b) | such other members, not being less than 5 or more than 13, as the Minister may determine. [Act 31 of 2022 wef 01/11/2022] |
| (2) The First Schedule has effect as respects the Board, its members and proceedings. |
|
| Functions and duties of Board |
6.—(1) Subject to the provisions of this Act, it is the function and duty of the Board to —| (a) | provide, construct and maintain such catchment areas, reservoirs and other works as may be required or necessary for the collection, supply and use of water for public and private purposes; | | (b) | manage and work the water installations of the Board and any other installations that may be acquired by the Board under the provisions of this Act; | | (c) | secure and provide an adequate supply of water at reasonable prices; | | (d) | regulate the supply of piped water suitable for drinking; | | (da) | collect and treat used water; | | (e) | promote water conservation; | | (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; | | (f) | act as an agent of the Government in the construction, management and maintenance of all or any part of any of the following which belongs to the Government:| (i) | public sewerage systems; | | (ii) | public sewers; | | (iii) | stormwater drainage systems, drains and drainage reserves; | | (iv) | any boat transfer facility or barrage in or connecting to any reservoir; | | (v) | any structure or installation designed to stop, reduce or mitigate the impact or risk of coastal hazards on the coastal zone, including (but not limited to) a seawall, revetment, groyne, weir or dyke, and drains or other channels for the interaction of tidal waters with catchment floodwaters; |
| | (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; | | (g) | regulate the construction, maintenance, improvement, operation and use of sewerage and land drainage systems and coastal protection systems; | | (h) | regulate the discharge of sewage and trade effluent; | | (i) | advise the Government on all matters —| (i) | relating to the collection, production and supply of water; | | (ii) | relating to sewerage, drainage and coastal management; and | | (iii) | appertaining to the Board generally; |
| | (j) | whether by itself or in association with any other person or organisation, provide to any person in Singapore or elsewhere consultancy, advisory, technical, managerial or other specialist services relating to sewerage, drainage, coastal management, or the collection, production and supply of water; | | (ja) | regulate and manage activities in and around reservoirs, catchment areas and waterways maintained by the Board; [Act 36 of 2018 wef 01/01/2024] | | (jb) | cooperate with the Transport Safety Investigation Bureau of Singapore in relation to investigations under the Transport Safety Investigations Act 2018; and [Act 36 of 2018 wef 01/01/2024] | | (k) | carry out any other functions imposed upon the Board by or under this Act or any other written law. [9/2012; 11/2018; 13/2020] |
(2) 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 —| (a) | the Board is deemed to be fulfilling the purposes of this Act; and | | (b) | the provisions of this Act apply to the Board in respect of those functions. [13/2020] |
|
| (3) 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. [13/2020] |
| (4) 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. |
|
7.—(1) 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.| (2) This section does not limit any power of the Board conferred by or under any written law. |
| (3) 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. |
|
| Considerations by Board in carrying out functions and duties and exercising powers |
7A. The Board may —| (a) | in carrying out any function or duty or exercising any power under this Act, have regard to any matter that is necessary for or which facilitates the carrying out of any function or duty or the exercising of any power of the Board under the Sewerage and Drainage Act 1999; and | | (b) | in carrying out any function or duty or exercising any power under the Sewerage and Drainage Act 1999, have regard to any matter that is necessary for or which facilitates the carrying out of any function or duty or the exercising of any power of the Board under this Act. [Act 27 of 2023 wef 01/01/2024] |
|
| 8.—(1) The Minister may, after consultation with the Board, give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) In addition to the power mentioned in subsection (1), if it appears to the Minister to be requisite or expedient to do so —| (a) | on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or | | (b) | in order —| (i) | to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement; | | (ii) | to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of such an organisation or a party to such an agreement; or | | (iii) | to enable the Government to become a member of such an organisation or a party to such an agreement, |
|
| the Minister may, after consultation with the Board, give such directions to the Board as are necessary in the circumstances of the case. |
[5/2018] |
| (3) 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. |
| (4) 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. |
| (5) 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. |
|
| Furnishing of documents and information to Board |
9.—(1) 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.| (2) 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. |
(3) Any person who —| (a) | intentionally alters, suppresses or destroys any document which the person has been required by any notice under subsection (1) to furnish; or | | (b) | in furnishing any estimate, return or other information required of the person under any notice under subsection (1), makes any statement which the person knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, |
| shall be guilty of an offence. |
|
|
| Chief Executive, officers and employees, etc. |
| 10.—(1) 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. [5/2018] (2) 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 —| (a) | is absent from duty or Singapore; or | | (b) | is, for any reason, unable to perform the duties of the office. [5/2018] |
|
| (3) 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. [5/2018] |
|
| 11. [Repealed by Act 5 of 2018] |
| Protection from personal liability |
| 12. No liability shall lie personally against any member, officer or employee of the Board or other person acting under the direction of the Board who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. [11/2018] |
13.—(1) 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 —| (a) | mortgage, overdraft or other means, with or without security; | | (b) | charge, whether legal or equitable, on any property vested in the Board or on any other revenue receivable by the Board under this Act or any other written law; or | | (c) | the creation and issue of bonds or any other instrument as the Minister may approve. [39/2004] |
| (2) 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. [39/2004] |
|
13A. As a consequence of —| (a) | the vesting of any property, rights or liabilities of the Government in the Board under this Act; or | | (b) | any capital injection or other investment by the Government in the Board in accordance with any other written law, |
| the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct. |
|
| Duty of Board in financial matters |
| 14. It is the duty of the Board to exercise and perform its functions under this Act so as to secure that the total revenues of the Board are sufficient, taking one financial year with another, to meet its total outgoings properly chargeable to revenue account, including depreciation and interest on capital and to meet a reasonable proportion of the cost of the development of the services of the Board. |
| 15. A summary of the annual estimates and supplementary estimates adopted by the Board must be published in the Gazette. |
| 16. The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. |
| 17. The financial provisions set out in the Third Schedule have effect with respect to the Board. |
| Coastal and Flood Protection Fund |
18.—(1) The Coastal and Flood Protection Fund is established consisting of —| (a) | all moneys from time to time appropriated from the Consolidated Fund or Development Fund and authorised to be paid into the Coastal and Flood Protection Fund by Supply law; | | (b) | all moneys authorised by or under any other written law to be paid into the Coastal and Flood Protection Fund; | | (c) | any gifts or donations made by any person for the purposes of the Coastal and Flood Protection Fund; and | | (d) | all investments out of moneys in the Coastal and Flood Protection Fund authorised to be made by this Act and the proceeds of any such investment, including the net income from such investments. [13/2020] |
| (2) 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. [13/2020] |
| (3) 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. [13/2020] |
| (4) 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. [13/2020] |
|
| Purposes of Coastal and Flood Protection Fund |
18A.—(1) The moneys in the Coastal and Flood Protection Fund may be withdrawn by the Board only for the following purposes:| (a) | for the Board to carry on any coastal management activity consisting of —| (i) | the construction, improvement or extension, or any demolition and replacement, of any structure or installation within the coastal zone —| (A) | to stop or reduce the impact of coastal hazards on land adjacent to tidal waters, including (but not limited to) a seawall, revetment, groyne, weir or dyke, and drains or other channels for the interaction of tidal waters with catchment floodwaters; or | | (B) | to mitigate current and future risks from coastal hazards, taking into account the effects of climate change; or |
| | (ii) | the restoration or planting within the coastal zone of mangroves, littoral forest or other vegetation that is necessary or expedient for coastal management; |
| | (b) | for the Board to carry on any construction, improvement or extension, or any demolition and replacement, of any structure or installation that is part of the stormwater drainage systems, drains and drainage reserves within the meaning of the Sewerage and Drainage Act 1999; | | (c) | for the acquisition by the Board of capital machinery or equipment required for or in connection with —| (i) | the start of operations of any structure or installation the construction, improvement or extension, or demolition and replacement, of which (as the case may be) was paid for with money from the Coastal and Flood Protection Fund; or | | (ii) | the operations of any structure or installation that is part of the stormwater drainage systems, drains and drainage reserves within the meaning of the Sewerage and Drainage Act 1999, the construction, improvement or extension, or demolition and replacement, of which was completed before, on or after 1 April 2020; |
| | (d) | for the Board to carry on any associated design, investigative and engineering studies or survey preparatory to the undertaking of any activity, work or acquisition mentioned in paragraph (a), (b) or (c); | | (e) | to pay any of the following which is incurred or payable (as the case may be) for the purposes of any activity or work in paragraph (a) or (b):| (i) | the costs incurred by the Collector of Land Revenue in the acquisition of any land under the Land Acquisition Act 1966; | | (ii) | the compensation payable for the acquisition of any land under the Land Acquisition Act 1966; |
| | (f) | to pay insurance premiums on capital equipment or other investments acquired, and land (including structures and installations) acquired and constructed, replaced, improved or extended using moneys of the Coastal and Flood Protection Fund; | | (g) | for the Board to undertake (solely or in collaboration with other persons) scientific, engineering or other studies to develop plans or strategies to improve the resilience of the coastal zone to the impact of an uncertain climate future, including the impact of extreme weather events; | | (h) | to pay all amounts relating to the sale, disposal or write-off of any investments paid for with money from the Coastal and Flood Protection Fund; | | (i) | to invest in accordance with section 16; | | (j) | to pay any expenses properly attributable to the setting up of the Coastal and Flood Protection Fund and the administration, management and investment of moneys in that Fund. [13/2020] |
| (2) 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. [13/2020] |
| (3) 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. [13/2020] |
|
| Symbol or representation of Board |
19.—(1) 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.| (2) 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. |
|
|