Sewerage and Drainage Act 1999

Sewerage and
Drainage Act 1999

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to provide for and regulate the construction, maintenance, improvement, operation and use of sewerage and land drainage systems, to regulate the discharge of sewage and trade effluent and for matters connected therewith.

[10/2012]

[1 April 1999]

PART 1

PRELIMINARY

Short title

1. This Act is the Sewerage and Drainage Act 1999.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“authorised officer” means any person appointed as an authorised officer under section 3(2);

“Board” means the Public Utilities Board continued under section 3 of the Public Utilities Act 2001;

“building” has the meaning given by the Building Control Act 1989;

“competent authority” means an authority appointed under section 5 of the Planning Act 1998;

“drain” includes any canal, culvert, conduit, river or watercourse;

“drain‑line” means any pipe or sewer which is connected to the sewerage system of any premises;

“drainage reserve” means —

(a)	any land set aside for drainage works pursuant to development proposals approved by a competent authority;
(b)	any land vested in the Government under section 29; or
(c)	any State land that is reserved for the purposes of the Board (permanently or temporarily) in connection with drainage works or a storm water drainage system; [Act 42 of 2022 wef 01/11/2024]

“drainage works” includes any engineering works for the construction, alteration and maintenance of any stormwater drainage system;

“earth retaining structure” means any structure, structural system or other means used to maintain the shape of excavation to enable the access to, repair of or replacement of a sewerage system or part thereof;

[Act 38 of 2024 wef 01/03/2025]

“fittings” means any apparatus or parts used for any sanitary facility or drain‑line of any premises;

“flood protection measure” means any measure or system, or any specification required for any premises, for the purpose of —

(a)	preventing stormwater from entering any premises;
(b)	removing from any premises into the stormwater drainage system (such as by pumped drainage systems), stormwater that has entered the premises; or
(c)	regulating or controlling (including by means of detention tanks) the entry of stormwater into the stormwater drainage system from any premises; [Act 38 of 2024 wef 01/03/2025]

“industrial water” means any water reclaimed from the sewage treatment works for use in industries that do not require high grade potable water;

“licensed plumber” means an individual who holds a plumber’s licence as defined in section 2 of the Public Utilities Act 2001;

“Magistrate’s Court limit” has the meaning given by the State Courts Act 1970;

“occupier”, in relation to any premises, includes any person having the charge, management or control of the premises or any part thereof;

“owner”, in relation to —

(a)

any premises, includes —

(i)	the person for the time being receiving the rent of the premises, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the rent if the premises were let to a tenant; and
(ii)	the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960;

(b)

the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes —

(i)	the management corporation having control of the building;
(ii)	a managing agent appointed by a management corporation or by the Commissioner of Buildings under the Building (Strata Management) Act 2004^*; and [Act 12 of 2020 wef 01/10/2025]
(iii)	a liquidator appointed for that management corporation; and

(c)

the limited common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes —

(i)	the subsidiary management corporation having control of that limited common property;
(ii)	a managing agent appointed by a subsidiary management corporation or by the Commissioner of Buildings under the Building (Strata Management) Act 2004^*; and [Act 12 of 2020 wef 01/10/2025]
(iii)	a liquidator appointed for that subsidiary management corporation;

“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built or not, whether public or private, and whether maintained under statutory authority or not;

“public sewerage system” includes —

(a)	sewerage systems which were vested in the Government before 1 April 1999 under the repealed Water Pollution Control and Drainage Act (Cap. 348, 1985 Revised Edition) or any other written law;
(b)	sewerage systems with respect to which a declaration of vesting has been made under section 8;
(c)	sewerage systems constructed by the Government or the Board on behalf of the Government on any private property at the expense of the Government or acquired by the Government;
(d)	sewerage systems constructed on any private property and maintained by the Board; and
(e)	sewerage systems owned or managed by the Board;

“public sewers” includes —

(a)	sewers which were vested in the Government before 1 April 1999 under the repealed Water Pollution Control and Drainage Act (Cap. 348, 1985 Revised Edition) or any other written law;
(b)	sewers with respect to which a declaration of vesting has been made under section 9;
(c)	sewers constructed by the Government or the Board on behalf of the Government on any private property at the expense of the Government or acquired by the Government; and
(d)	sewers constructed on any private property and maintained by the Board;

“qualified person” means a person who is registered as —

(a)	an architect under the Architects Act 1991 and has in force a practising certificate issued under that Act; or
(b)	a professional engineer under the Professional Engineers Act 1991 and has in force a practising certificate issued under that Act; [Act 38 of 2024 wef 01/03/2025]

“reclaimed water” means treated water which has been recovered from a public sewerage system;

“Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act 1988;

“Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act 1993;

“reservoir” means a body of water maintained as a reservoir by the Board in any Catchment Area Park or Central Water Catchment Area (as defined in regulations made under section 72 of the Public Utilities Act 2001);

[Act 38 of 2024 wef 01/03/2025]

“sanitary appliances” includes washbasins, bathtubs, sinks, urinals, toilet bowls, bidets and other similar fixtures;

“sanitary facilities” includes bathrooms, toilets, facilities for washing and sanitary appliances, together with the associated pipework, whether above or below the ground, which connect, directly or otherwise, to a private sewage treatment plant or a public sewerage system;

“sanitary works” means —

(a)	constructing, altering, repairing, replacing, discontinuing or closing up any discharge pipe, ventilating pipe, drain‑line, fitting, floor trap, inspection chamber, grease trap, pump or any other appurtenance related to the conveyance of sewage or sullage water from any sanitary appliance or sanitary facility to a sewerage system; and
(b)	installing, fixing, altering, repairing or removing a sanitary appliance or sanitary facility, and any other connected works;

“sewage” includes waterborne domestic waste and trade effluent;

“sewerage system” means a system of sewers, pipes, drain-lines, pumping systems, sumps, tanks, flow control systems, sensors, odour control and ventilating systems, chambers, manholes, sewage treatment systems or water reclamation facilities, or other appurtenances, for use in connection with one or both of the following purposes:

(a)	the collection, treatment and disposal of sewage;
(b)	the recovery and treatment of water which is supplied to the Board or by the Board,

and includes any pipes and tanks for the temporary collection of sewage that do not connect downstream to or empty into any sewer;

[Act 38 of 2024 wef 01/03/2025]

“sewerage works” includes engineering works for the construction, alteration and maintenance of any sewerage system or any part thereof;

[Act 38 of 2024 wef 01/03/2025]

“stormwater” means rainwater and surface water but does not include sewage;

“stormwater drainage system” means a system of drains for the conveyance or storage of stormwater and includes —

(a)	any weir, grating, float, boom, gauge, tidegate, sump, storage pond, pumping station, maintenance access, and debris interception and removal facility related to such system;
(b)	any structure constructed to convey, store or measure stormwater or for flood alleviation; and
(c)	any bridge over or railing for any such drain or any appurtenance thereof;

“temporary building” has the meaning given by the Building Control Act 1989;

“Town Council” means any Town Council established under section 4 of the Town Councils Act 1988;

“trade effluent” means any liquid, including particles of matter and other substances in suspension in the liquid, which is the outflow from any trade, business or manufacture or of any works of engineering or building construction;

“works” has the same meaning as “building works” in the Building Control Act 1989 and includes sewerage works, drainage works and sanitary works.

[Act 38 of 2024 wef 01/03/2025]

[*Updated to be consistent with the 2020 Revised Edition]

(2) For the purposes of the definition of “sewerage system” in subsection (1), regulations made under section 74 may provide —

(a)	for any thing to be excluded from the definition; or
(b)	for any thing to be included in the definition. [9/2002; 47/2004; 10/2012; 5/2014; 11/2018] [Act 38 of 2024 wef 01/03/2025]

PART 2

ADMINISTRATION

Administration of Act

3.—(1) The Board is responsible for the administration of this Act subject to the general and special directions of the Minister.

(2) The Board may in writing appoint any public officer or any officer of the Board or of any other statutory authority to be an authorised officer for the purposes of this Act.

(3) The functions, duties and powers which are imposed or conferred upon the Board under this Act may be performed or exercised by any authorised officer subject to the direction and control of the Board.

(4) Every authorised officer is deemed to be a public servant within the meaning of the Penal Code 1871.

(5) The Board may appoint and authorise in writing any person to perform any particular function or duty or to exercise any particular power under this Act, subject to such conditions or limitations as the Board may specify.

[10/2012]

PART 3

SEWERAGE

Construction and maintenance of public sewerage systems

4.—(1) The Board —

(a)	may cause to be made and constructed any public sewerage system;
(b)	must maintain and keep in repair every public sewerage system; and
(c)	may enlarge, alter or otherwise improve or discontinue, close up or destroy any public sewerage system which the Board thinks is useless or unnecessary.

(2) For the purposes of subsection (1), the Board may —

(a)	lay pipes in, under or over any premises, street or building and keep the pipes there;
(b)	tunnel or bore under any premises, street or building;
(c)	carry the sewerage system across, through, along or under any premises or the cellar, basement or vault of any building; and
(d)	carry out any works requisite for, or incidental to, the purposes of subsection (1).

(3) Unless section 43(2) applies, an authorised officer may enter any premises for the purposes of subsection (1) only after giving notice in accordance with section 44.

[12/2015]

[Act 38 of 2024 wef 01/03/2025]

(4) In carrying out any works under this section, the Board must cause as little damage as possible, and must make reasonable compensation for any damage done to any premises, street or building affected by those works.

[10/2012]

(5) If by reason of the alteration or closing up of any public sewerage system any person is deprived of the lawful use of any sewer, the Board must with due diligence provide some other sewer as effectual as the one the person is so deprived of.

(6) The Board may serve a notice on the owner or supplier of any gas, electricity, water or telecommunication services to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post, structure or other apparatus which belongs to that owner or is maintained by that owner or supplier and to repair any road surface thereby disturbed if, in the opinion of the Board, such alteration is required for the purposes of subsection (1).

(7) The Board may give notice to the owner or occupier of any premises requiring the owner or occupier to remove any object or structure described in the notice which is erected on or attached to, or projects from, the land or building, if in the opinion of the Board the removal of the object or structure is required for the purposes of subsection (1).

(8) Any costs and expenses incurred by an owner, supplier or occupier under subsection (6) or (7) must be borne by the Board.

Sewers may be emptied into sea

5. The Board may —

(a)	cause any sewer to be emptied into the sea or other fit place;
(b)	cause the sludge from any sewer to be conveyed by a proper channel to the most convenient site for its deposit; and
(c)	sell or otherwise dispose of the sludge for agricultural or any other purpose deemed most expedient so long as it does not become a nuisance.

Premises not provided with adequate sewerage system

6.—(1) If it appears to the Board that any premises are not provided with an adequate sewerage system, the Board may, by written notice, require the owner or occupier of the premises to construct such sewerage system, or to make such alteration to the existing sewerage system as the Board considers necessary.

(2) The Board may, at any time by written notice, require the owner or occupier of any premises served by any sewerage system or any part thereof to make a sufficient drain‑line emptying into any public sewerage system and to disconnect and demolish at the owner’s or occupier’s own expense any sewerage system or any part thereof rendered useless or unnecessary thereby.

[Act 38 of 2024 wef 01/03/2025]

(3) The Board may, by written notice, require the owner or occupier of any premises to cause all sewage from those premises to be discharged into such sewerage system as the Board may direct.

Board may take over control, etc., of private sewerage systems

7.—(1) The Board may take over the control, supervision, maintenance and repair of any private sewerage system or any part thereof to such extent as the Board thinks fit and may charge fees therefor.

[Act 38 of 2024 wef 01/03/2025]

(2) The Board may, at any time, vary or rescind any decision to control, supervise, maintain and repair a private sewerage system or part thereof.

[Act 38 of 2024 wef 01/03/2025]

(3) Fees charged by the Board for the control, supervision, maintenance and repair of a private sewerage system under subsection (1) are payable by any user of the sewerage system.

[Act 38 of 2024 wef 01/03/2025]

Vesting of sewerage systems in Government

8.—(1) Where any premises have been set aside or are being used for any sewerage system pursuant to any development proposals approved by the competent authority and the owner of the premises has agreed to surrender the premises to the Government, the Board may, by an instrument in the form approved by the Registrar of Titles or the Registrar of Deeds (as the case may be), declare that the premises vest in the Government.

(2) Any plan prepared by the Board under subsection (1) must comply with the requirements of the Land Titles Act 1993 in respect of registered land and of the Registration of Deeds Act 1988 in respect of other land and must show on the plan the premises which will vest in the Government.

(3) Any declaration made by the Board under subsection (1) must be published in the Gazette.

(4) Where any premises that are to be vested in the Government under this section consist of premises included in separate lots already set aside for a sewerage system, the declaration must be registered against those lots under the provisions of the Land Titles Act 1993 in respect of registered land and under the provisions of the Registration of Deeds Act 1988 in respect of other land.

(5) Where any premises that are to be vested in the Government under this section consist of premises included in an existing lot or lots, those premises forming the sewerage system must be excised from the existing lot or lots and the declaration must be registered in respect of the excised portions under the provisions of the Land Titles Act 1993 in respect of registered land and under the provisions of the Registration of Deeds Act 1988 in respect of other land.

(6) Upon the registration of a declaration made under subsection (1), the premises including every sewerage system installed therein vest in the Government free from all encumbrances and, where the premises are held under a statutory land grant, such vesting is not to be deemed to create a subdivision within the meaning of the State Lands Act 1920.

(7) No compensation is payable for any premises that are vested in the Government under this section.

(8) When any premises are vested in the Government under this section, the Board may take possession of the premises and proceed to demolish and remove any building or portion of any building forming part thereof.

Vesting of private sewers in Government

9.—(1) The Board may, at any time, declare that any private sewer vests, as from the date specified in the declaration, in the Government.

(2) Before the Board makes a declaration under subsection (1), it must give written notice of its intention to do so to the owner of the sewer in question.

(3) Any owner who is aggrieved by a notice issued by the Board under subsection (2) may appeal to the Minister within 28 days from the date of service of the notice.

(4) Upon the hearing of an appeal under this section, the Minister may allow the appeal and the Board must not take any further action on the matter.

(5) Where no appeal has been filed within the time specified in subsection (3) or an appeal has been dismissed by the Minister, the Board may proceed to make the declaration.

(6) Where a declaration has been made in respect of a private sewer under this section, the Board must maintain the sewer and, if it sees fit, enlarge, alter or otherwise improve the sewer and may discontinue, close up or destroy the sewer as it thinks necessary as if it were a sewer constructed by the Board.

(7) If by reason of the alteration, discontinuation, closing up or destruction of any private sewer vested in the Government under this section any person is deprived of the lawful use of the sewer, the Board must with due diligence provide some other sewer as effectual as the one the person is so deprived of.

(8) The declaration under subsection (1) must be registered against those lands under the provisions of the Land Titles Act 1993 in respect of registered land and under the provisions of the Registration of Deeds Act 1988 in respect of other land.

Sewerage systems to be kept in proper order at cost of owners

10.—(1) Every sewerage system at any premises (but not any public sewerage system) must be altered, repaired and kept in proper order at the cost and expense of the owner of the premises.

[Act 38 of 2024 wef 01/03/2025]

(1A) Without affecting subsection (1), where the sewerage system under that subsection or any part thereof —

(a)	is connected to any other premises; and
(b)	serves the sewerage needs of the other premises,

then the owner of the other premises must also at that owner’s own cost and expense alter, repair and keep in proper order the system or part thereof (as the case may be) at the premises under subsection (1).

[Act 38 of 2024 wef 01/03/2025]

(2) The Board may, by written notice, require any of the owners of any premises mentioned in subsections (1) and (1A) to do one or both of the following at the owner’s own cost and expense:

(a)	to have the sewerage system or part thereof inspected and tested in such manner and at such intervals as the Board may require, to ensure that the sewerage system or part thereof is kept in proper order; [Act 38 of 2024 wef 01/03/2025]
(b)	to alter, repair or put in proper order the sewerage system or part thereof in such manner as the Board may require. [10/2012] [Act 38 of 2024 wef 01/03/2025]

(3) Where the Board is satisfied that it is immediately necessary to alter, repair or put in proper order any sewer, drain‑line, privy, cesspool, septic or other tank, toilet, urinal, water closet, sink, bath or lavatory or any appurtenance thereof, any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out any alterations, repairs, works, acts or things that are necessary for any of those purposes.

[10/2012]

[Act 38 of 2024 wef 01/03/2025]

(4) The Board may, as it thinks just —

(a)	recover the costs and expenses reasonably and necessarily incurred in carrying out the works under subsection (3) from any owner of the premises mentioned in subsections (1) and (1A); or
(b)	apportion such costs and expenses among all or any of the owners of the premises mentioned in subsections (1) and (1A) and recover the sums apportioned from those owners. [Act 38 of 2024 wef 01/03/2025]

(5) Any person who contravenes subsection (1) or (1A) shall be guilty of an offence.

[Act 38 of 2024 wef 01/03/2025]

(6) Nothing in this section prevents any owner of the premises mentioned in subsection (1) and any owner of any other premises in subsection (1A) from agreeing on an apportionment between them of any costs of altering, repairing or keeping in proper order the sewerage system or part thereof mentioned in subsection (1A); but the Board is not, for the purposes of subsection (4)(b), bound by any such agreement.

[Act 38 of 2024 wef 01/03/2025]

Sewerage systems, etc., not to be constructed or altered without Board’s certificate or approval

11.—(1) A person must not —

(a)	construct, alter, discontinue or close up any sewerage system or any part thereof or any earth retaining structure; or [Act 38 of 2024 wef 01/03/2025]
(b)	carry out any sanitary works,

unless the person obtains a clearance certificate or the approval of the Board under section 33 for those works.

[11/2018]

(2) Where any sewerage system or any part thereof or any earth retaining structure is constructed, altered, discontinued or closed up, or any sanitary works are carried out, in contravention of subsection (1) or any condition of a clearance certificate or approval granted pursuant to subsection (1), the Board may do one or both of the following:

(a)	serve on any person specified in subsection (3) a notice requiring the person to demolish or make good the sewerage system or part thereof, earth retaining structure or sanitary facilities (as the case may be) to its original condition within the time specified in the notice;
(b)	revoke the clearance certificate or approval given, or suspend the clearance certificate or approval for such period as the Board considers reasonable. [Act 38 of 2024 wef 01/03/2025]

(3) The notice mentioned in subsection (2)(a) may be served on all or any of the following persons:

(a)	any person who does or causes or permits to be done any of the acts mentioned in subsection (1);
(b)	the owner or occupier of the premises at which the sewerage system or part thereof, earth retaining structure or sanitary facilities mentioned in subsection (2) are situated; [Act 38 of 2024 wef 01/03/2025]
(ba)	the owner or occupier of any other premises to which the sewerage system or part thereof, earth retaining structure or sanitary facilities mentioned in subsection (2) are connected and which serve the sewerage needs of the other premises; [Act 38 of 2024 wef 01/03/2025]
(c)	any person having power to construct, alter or demolish the sewerage system or part thereof, earth retaining structure or sanitary facilities mentioned in subsection (2). [Act 38 of 2024 wef 01/03/2025]

(4) Any person who —

(a)	contravenes subsection (1); or
(b)	carries out any works after the clearance certificate or approval relating to those works has been revoked or during the period that the clearance certificate or approval is suspended under subsection (2)(b),

shall be guilty of an offence and shall be liable —

(c)	on the first conviction to a fine not exceeding $50,000; and
(d)	on a second or subsequent conviction to a fine not exceeding $100,000. [Act 38 of 2024 wef 01/03/2025]

(5) Any contravention of subsection (1) in respect of any sanitary works must not be dealt with by the Board under section 40Q of the Public Utilities Act 2001.

[11/2018]

(6) Where the Board is satisfied that it is immediately necessary to demolish or make good the sewerage system or part thereof or sanitary facilities to its original condition, any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out any alterations, repairs, works, acts or things that are necessary for that purpose.

[Act 38 of 2024 wef 01/03/2025]

(7) The Board may, as it thinks just —

(a)	recover the costs and expenses reasonably and necessarily incurred in carrying out the works under subsection (6) from any of the persons mentioned in subsection (3); or
(b)	apportion such costs and expenses among all or any of the persons mentioned in subsection (3) and recover the sums apportioned from those persons. [Act 38 of 2024 wef 01/03/2025]

Buildings without adequate sanitary facilities

12.—(1) If it appears to the Board that any building or part thereof is without adequate sanitary facilities, it may by written notice require the owner or occupier of the building —

(a)	to provide or install such sanitary facilities as the Board may consider adequate; or
(b)	to alter, improve, demolish or resite any sanitary facilities in such manner as the Board may require,

within the time specified in the notice.

(2) All sanitary facilities provided or installed in any building must be maintained, repaired and renewed to the satisfaction of the Board by the owner or occupier of the building.

(3) All costs and expenses incurred for the provision, installation, alteration, demolition or re‑siting of sanitary facilities under this section must be borne by the owner or occupier of the building or the relevant part of the building.

Power to inspect sewerage systems and sanitary facilities

13.—(1) Any authorised officer may inspect any sewerage system or sanitary facilities and may, for that purpose, at any time enter upon any premises under section 44 or section 43(2) (as the case may be) and cause the ground to be opened.

[Act 38 of 2024 wef 01/03/2025]

(2) In carrying out any inspection under this section, the authorised officer must cause as little damage as possible, and the Board must make reasonable compensation for any damage done to any premises, sewerage system or sanitary facilities affected by the inspection.

[10/2012]

[Act 38 of 2024 wef 01/03/2025]

Duty to enquire before excavation

13A.—(1) Any person who digs, bores, trenches, grades, excavates, tunnels or breaks any ground with any mechanical equipment, tool or explosive, or allows the person’s employee or agent to do so, without first —

(a)	obtaining from the Board the relevant drainage plan or sewerage plan or other plans or records to ascertain the location of any public sewerage system or part thereof that may be interfered with by such works;
(b)	carrying out trial trenches to physically ascertain the location of any public sewerage system or part thereof that may be interfered with by such works; and
(c)	complying with such other requirements as the Board may specify to protect any public sewerage system or part thereof within the vicinity of such works,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.

[10/2012]

(2) For the purposes of subsection (1)(a), any person may, upon payment of the prescribed fee, be permitted to inspect and take copies of the relevant plans or records maintained by or on behalf of the Board.

[10/2012]

Works likely to affect sewer or sewerage system not to be carried out without Board’s certificate or approval

14.—(1) A person must not —

(a)	erect or cause or permit to be erected any object, building or structure over, across or adjacent to any sewer or sewerage system; or
(b)	carry out or cause to be carried out any other works which adversely affect or are likely to adversely affect any sewer or sewerage system, directly or indirectly,

without obtaining, in respect of those works, a clearance certificate or the approval of the Board under section 33.

[10/2012]

(2) Where any object, building or structure is erected or any other works are carried out in contravention of subsection (1), the Board may, by written notice, require any person specified in subsection (3) to do one or more of the following:

(a)	to immediately cease the carrying out of those works, either indefinitely or for such period as the Board may specify;
(b)	to carry out any works that the Board may think necessary to protect the sewer or sewerage system within the time specified in the notice;
(c)	to demolish and remove the object, building or structure within the time specified in the notice. [10/2012]

(3) The notice mentioned in subsection (2) may be served on all or any of the following persons:

(a)	the person who does or causes or permits to be done any of the acts referred to in subsection (1);
(b)	the owner or occupier of the premises where the object, building or structure referred to in subsection (1)(a) is erected;
(c)	the owner or occupier of the premises where the works referred to in subsection (1)(b) are being carried out;
(d)	any person having power to demolish the object, building or structure referred to in subsection (1)(a). [10/2012]

(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.

[10/2012]

(5) In this section, “works”, in addition to its meaning in section 2, includes —

(a)

any act of excavating earth, rock or other material (by any means) in connection with —

(i)	any work for or relating to the construction, reconstruction, extension, renovation, alteration, demolition or repair of any building, structure, road, railway, bridge, viaduct, flyover, drain or sewer;
(ii)	any work for or relating to the laying, inspecting, repairing or renewing of any main, pipe, cable, fittings or other apparatus; or
(iii)	any soil investigation work;

(b)

any act of boring, dredging, jacking, levelling, piling or tunnelling on or under any premises or street by any mechanical means;

(c)

the driving or sinking of any earth rod, casing or tube into the ground; and

(d)

any storage or placement of large construction equipment, construction materials and stockpiling of earth or heavy objects.

[10/2012]

Sanitary facilities, sewerage system and sewage removal for farms

15.—(1) The Board may, by written notice, direct the owner or occupier of any premises used as a farm —

(a)	to install, operate and maintain such sanitary facilities and sewerage system; and
(b)	to provide and maintain such facilities for the removal, treatment and disposal of waste matter,

as the Board may require.

(2) The Board may at any time apply such system of sewage removal as the Board thinks fit to any premises used as a farm.

[Act 38 of 2024 wef 01/03/2025]

Trade effluent not to be discharged into public sewerage system without Board’s approval

16.—(1) A person must not discharge, or cause or permit to be discharged, any trade effluent into any public sewerage system or any drain‑line or sewer connected to a public sewerage system, except —

(a)	with the prior written approval of the Board; and
(b)	in accordance with the conditions of that approval (if any) and any regulations under this Act providing for the control of such discharge. [10/2012] [Act 38 of 2024 wef 01/03/2025]

(2) Subsection (1) does not apply to the discharge of any dangerous or hazardous substance or any trade effluent containing any dangerous or hazardous substance under section 16A.

[10/2012]

(3) Where any trade effluent has been discharged from any premises into any public sewerage system or any drain‑line or sewer connected to a public sewerage system, it is presumed, until the contrary is proved, that the occupier of the premises has discharged, or caused or permitted to be discharged, the trade effluent in contravention of subsection (1).

[10/2012]

[Act 38 of 2024 wef 01/03/2025]

(4) The presumption under subsection (3) is not rebutted unless the occupier of the premises proves that the occupier had taken all reasonable precautions and exercised due diligence to prevent the contravention of subsection (1).

[10/2012]

(5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable —

(a)	on the first conviction, to a fine of at least $4,000 and not more than $20,000 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 or part of a day during which the offence continues after conviction; and
(b)	on a second or subsequent conviction, to a fine of at least $10,000 and not more than $50,000 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 $2,000 for every day or part of a day during which the offence continues after conviction. [Act 38 of 2024 wef 01/03/2025]

(6) A person shall not be guilty of an offence under this section if the person proves that —

(a)	the discharge of trade effluent was made in an emergency to avoid danger to life or property; and
(b)	the person informed the Board of the discharge in writing as soon as was reasonably practicable.

(7) The court may order any person who is convicted of an offence under this section to pay the cost incurred by the Board, or by the owner or occupier of any premises, in carrying out any work to restore the public sewerage system to its original condition, or to clear the public sewerage system of the trade effluent so discharged.

[10/2012]

Prohibition on discharge of dangerous or hazardous substance or trade effluent containing dangerous or hazardous substance

16A.—(1) A person must not discharge, or cause or permit to be discharged, any dangerous or hazardous substance or any trade effluent containing any dangerous or hazardous substance into any public sewerage system or any drain‑line or sewer connected to a public sewerage system, except —

(a)	with the prior written approval of the Board; and
(b)	in accordance with the conditions of that approval (if any) and any regulations under this Act providing for the control of such discharge. [10/2012] [Act 38 of 2024 wef 01/03/2025]

(2) Where any dangerous or hazardous substance or any trade effluent containing any dangerous or hazardous substance has been discharged from any premises into any public sewerage system or any drain‑line or sewer connected to a public sewerage system in contravention of subsection (1), it is presumed, until the contrary is proved, that the occupier of the premises has discharged, or caused or permitted to be discharged, the substance or trade effluent.

[10/2012]

[Act 38 of 2024 wef 01/03/2025]

(3) The presumption under subsection (2) is not rebutted unless the occupier of the premises proves that the occupier had taken all reasonable precautions and exercised due diligence to prevent the contravention of subsection (1).

[10/2012]

(4) Where, in any proceedings for an offence under subsection (5) or (6), it is proved that the accused had committed any act referred to in subsection (1), it is presumed, unless the contrary is proved, that the accused knew that the substance discharged was a dangerous or hazardous substance or that the trade effluent discharged contained a dangerous or hazardous substance, as the case may be.

[10/2012]

(5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable —

(a)	on the first conviction, to a fine of at least $10,000 and not more than $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction; and [Act 38 of 2024 wef 01/03/2025]
(b)	on a second or subsequent conviction, to a fine of at least $20,000 and not more than $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction. [10/2012] [Act 38 of 2024 wef 01/03/2025]

(6) Any person who contravenes subsection (1) and thereby causes —

(a)	injury or death to any person;
(b)	damage to any public sewerage system which renders the sewerage system inoperable; or
(c)	severe disruption to the process of treating sewage or the process of water reclamation,

shall be guilty of an offence and shall be liable —

(d)	on the first conviction, to a fine of at least $40,000 and not more than $200,000 or to imprisonment for a term not exceeding 2 years or to both; and
(e)	on a second or subsequent conviction, to a fine of at least $80,000 and not more than $400,000 or to imprisonment for a term not exceeding 2 years or to both. [Act 38 of 2024 wef 01/03/2025]

(7) The court may order any person who is convicted of an offence under this section to pay the cost incurred by the Board, or by the owner or occupier of any premises, in carrying out any work —

(a)	to restore the public sewerage system to its original condition;
(b)	to resume the process of treating sewage or the process of water reclamation; or [Act 38 of 2024 wef 01/03/2025]
(c)	to clear the public sewerage system of the dangerous or hazardous substance or the trade effluent containing the dangerous or hazardous substance so discharged. [10/2012]

(8) The Board may, with the approval of the Minister, by regulations provide for the control or prohibition of the discharge of dangerous or hazardous substances or trade effluent containing dangerous or hazardous substances into any public sewerage system or any drain‑line or sewer connected to a public sewerage system.

[10/2012]

[Act 38 of 2024 wef 01/03/2025]

(9) For the purposes of this section and section 17, a substance is a dangerous or hazardous substance if —

(a)

it is of a nature that is likely, either alone or in combination with or by interaction with another substance —

(i)

to pose a health hazard to or cause danger to the safety and health of any person at work at, on or in any part of any public sewerage system;

(ii)

to cause a fire or an explosion in any public sewerage system;

(iii)

to damage any public sewerage system to the extent that would render the sewerage system inoperable; or

(iv)

to severely disrupt —

(A)	the proper working of any public sewerage system, or any facility, machinery or equipment related or connected to the sewerage system;
(B)	any process of treating sewage or other waste for reuse; [Act 38 of 2024 wef 01/03/2025]
(C)	any process of water reclamation; or
(D)	the proper working of any facility, machinery or equipment used for any process mentioned in sub‑paragraph (B) or (C); or

(b)

it is prescribed as a dangerous or hazardous substance.

[10/2012]

Order to stop discharge of dangerous or hazardous substance or trade effluent containing dangerous or hazardous substance

17.—(1) Where it appears to the Board that any dangerous or hazardous substance or any trade effluent containing any dangerous or hazardous substance is being or has been discharged into any public sewerage system or any drain‑line or sewer connected to a public sewerage system, the Board may, by order, direct the occupier of any premises from which the substance or trade effluent is being or has been discharged or any other person who, in the opinion of the Board, has caused or permitted the discharge —

(a)	to immediately cease the discharge of the substance or trade effluent into the public sewerage system or the drain‑line or sewer connected to a public sewerage system; [Act 38 of 2024 wef 01/03/2025]
(b)	to take such steps as may be specified in the order to treat the substance or trade effluent which is complained of; and
(c)	to immediately cease the carrying on of any process or work which produces the substance or trade effluent, either indefinitely or until such steps as are specified in the order have been taken to treat the substance or trade effluent before it is discharged into the public sewerage system or the drain‑line or sewer connected to a public sewerage system. [10/2012] [Act 38 of 2024 wef 01/03/2025]

(2) Any person who is aggrieved by an order made by the Board under subsection (1) may, within 14 days from the date of service of the order, appeal in writing to the Minister, who may confirm, vary or rescind the order.

[10/2012]

(3) Even though an appeal has been made under subsection (2), an aggrieved person must comply with the order pending the outcome of the appeal to the Minister and the Board may exercise the powers conferred under subsection (5).

[10/2012]

(4) If any person to whom an order under subsection (1) is directed fails to comply with the order (called in this section the person in default), that person shall be guilty of an offence and shall be liable on conviction to a fine of at least $20,000 and not more than $100,000 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 of $2,000 for every day or part of a day during which the offence continues after conviction.

[10/2012]

[Act 38 of 2024 wef 01/03/2025]

(5) Where the person in default fails to comply with the order made under subsection (1), an authorised officer may, at all reasonable hours in the day or night, or at such other time as may be agreed with the owner or occupier of the premises to which the order relates, enter the premises and take such measures and execute such work as may be necessary to secure compliance with the order but without affecting any proceedings that may be taken against the person in default under subsection (4).

[10/2012]

(6) Any expenses reasonably incurred by the Board under subsection (5) may be recovered from the person in default and section 48 and, if that person is the owner of the premises, section 50 applies in respect of those expenses.

(7) Nothing in this section is deemed to prohibit the Board from carrying out any works specified in any such order at the request of a person who has been served with the order upon an undertaking by that person to pay the costs and expenses in executing the works.

Discharge of sewage, etc.

18.—(1) Any person who, without the written approval of the Board, discharges or causes or permits the discharge of any sewage, waste matter or effluent into any public sewerage system or any drain‑line or sewer connected to a public sewerage system —

(a)	directly or indirectly, from any conveyance or mobile toilet; or
(b)	by opening a manhole or an inspection chamber or any other means of access to the public sewerage system,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.

[10/2012]

[Act 38 of 2024 wef 01/03/2025]

(2) Subsection (1) does not apply to any discharge from a conveyance or mobile toilet which may be lawfully made into any public sewer or public sewerage system under any regulations made under this Act.

[10/2012]

(3) In this section —

“conveyance” includes any vessel, train, aircraft, vehicle or trailer, and any fixed or floating platform in a marine environment;

“mobile toilet” means a sanitary convenience which is not part of a sewerage system, including a sanitary convenience which is mobile or in a conveyance.

Restrictions on use of public sewerage system

19.—(1) A person must not throw, empty or pass, or allow or permit to be thrown or emptied or passed, into any public sewerage system, or into any drain‑line or sewer connected to a public sewerage system —

(a)	any matter or other substance likely to injure the public sewerage system, sewer or drain‑line, to interfere with the free flow of its contents or to affect prejudicially the treatment and disposal of its contents; or
(b)	any sand, earth, gravel, cement, cement grout, brick, timber, wood or other building materials. [10/2012] [Act 38 of 2024 wef 01/03/2025]

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.

(3) The court may order any person who is convicted of an offence under this section to pay the cost incurred by the Board or the owner or occupier of any premises who has carried out any work to restore the sewerage system to its original condition, or to clear the sewerage system of any obstruction to the free flow of its contents.

Damage caused to public sewerage system, etc.

20.—(1) Any person who —

(a)

causes any damage to —

(i)	any public sewerage system or any part thereof;
(ii)	any drain-line or sewer connected to a public sewerage system; or
(iii)	any earth retaining structure; or

(b)

renders any public sewerage system or any part thereof or any private sewer a nuisance,

shall be guilty of an offence and shall be liable —

(c)	on the first conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 months or to both; and
(d)	on a second or subsequent conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 months or to both. [Act 38 of 2024 wef 01/03/2025]

(2) Any person who —

(a)	does any act which renders any public sewerage system or any part thereof or any private sewer dangerous or injurious to health;
(b)	causes any damage to a pipe of 0.9 metres or greater in diameter that is part of or connected to the public sewerage system; or
(c)	does any act which disrupts the operation of or causes damage to any sewage treatment plant, sewage treatment works or water reclamation facility,

shall be guilty of an offence and shall be liable —

(d)	on the first conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and
(e)	on a second or subsequent conviction to a fine not exceeding $400,000 or to imprisonment for a term not exceeding 2 years or to both. [Act 38 of 2024 wef 01/03/2025]

(3) In any proceedings for an offence under subsection (1) or (2), it is a defence for the person charged under either of those subsections to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence, but this defence is not available to a person who may be liable by virtue of section 67A.

[10/2012]

(4) If it appears to the Board that there has been a contravention of subsection (1) or (2), the Board may, by written notice, require any person who has caused the damage or done any of the acts mentioned in subsection (1) or (2), or any other person who may be liable under either of those subsections by virtue of section 67A, to carry out any works that may be necessary to restore the public sewerage system, private sewer or earth retaining structure to its original condition within the time specified in the notice.

[Act 38 of 2024 wef 01/03/2025]

(5) Where the Board is satisfied that it is immediately necessary to carry out any works that may be necessary to restore the public sewerage system to its original condition, any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out those works.

[Act 38 of 2024 wef 01/03/2025]

(6) The Board may, as it thinks just —

(a)	recover the costs and expenses reasonably and necessarily incurred in carrying out the works under subsection (5) from any person mentioned in subsection (4) on whom the Board could have served a written notice to restore the public sewerage system to its original condition; or
(b)	apportion such costs and expenses among all or any of the persons mentioned in subsection (4) and recover the sums apportioned from those persons. [Act 38 of 2024 wef 01/03/2025]