Public Utilities Act 2001

THE STATUTES OF THE REPUBLIC OF SINGAPORE
PUBLIC UTILITIES ACT 2001
2020 REVISED EDITION
This revised edition incorporates all amendments up to and

including 1 December 2021 and comes into operation on 31 December 2021.
Prepared and Published by

THE LAW REVISION COMMISSION
UNDER THE AUTHORITY OF
THE REVISED EDITION OF THE LAWS ACT 1983
Informal Consolidation – version in force from 1/11/2022

2020 Ed.
Public Utilities Act 2001

ARRANGEMENT OF SECTIONS
PART 1
PRELIMINARY
Section
1. Short title
2. Interpretation
PART 2
RECONSTITUTION, FUNCTIONS,
DUTIES AND POWERS OF BOARD
3. Reconstitution of Board
4. Common seal
5. Constitution of Board
6. Functions and duties of Board
7. Powers of Board
8. Directions by Minister
9. Furnishing of documents and information to Board
10. Chief Executive, officers and employees, etc.
11. [Repealed]
12. Protection from personal liability
13. Power to borrow
13A. Issue of shares, etc.
14. Duty of Board in financial matters
15. Annual estimates
16. Power of investment
17. Financial provisions
18. Coastal and Flood Protection Fund
18A. Purposes of Coastal and Flood Protection Fund
19. Symbol or representation of Board
PART 3
WATER UNDERTAKING OF BOARD
20. Tariffs for supply of water and apparatus, etc., payable to Board
1

2020 Ed. Public Utilities Act 2001 2
Section
21. Board may supply water
22. Board may require security
23. Board may cut off supply of water in default of payment
24. Power to enter upon premises for survey, inspection, etc.
24A. Power to enter premises for installation of pipes, water
installations, etc.
24B. Board may act in cases of emergency
25. Recovery of moneys due to Board
26. Relocation of water installation
27. Board may stop or interrupt supply of water
28. Board may reduce supply of water
29. Property of Board not to be subject to distress or taken under or
pursuant to enforcement order
30. Apparatus, appliances, etc., let for hire by Board not to be
subject to distress or taken under or pursuant to enforcement
order
31. Power to enter premises to examine pipes, etc.
32. Power to enter upon premises adjacent to works
33. Removal of obstruction over existing water main, connecting
pipe or meter
34. Notice of obstruction of pipe or other apparatus to be given to
Board
35. Penalty or late payment charge
36. Contribution towards capital outlay to provide water supply
37. General provisions relating to discontinuation of supply of water
38. Board in executing works to provide convenient ways, etc.
39. Entry into Board’s premises without consent, etc.
40. [Repealed]
PART 3A
COMPENSATION FOR TEMPORARY OCCUPATION OF
PREMISES AND OWNER-INITIATED ACQUISITION
40A. Compensation for temporary occupation of premises
40B. Time for, and manner of, claiming for compensation
40C. Disqualification as to certain compensation
40D. Bar to other proceedings
40E. Owners who suffer substantial impairment in rights in premises
may require their premises to be acquired
40F. Owner-initiated acquisition

3 Public Utilities Act 2001 2020 Ed.
PART 3B
REGULATED WORKS AND WSI DESIGN WORKS
Division 1 — Prohibitions relating to regulated works
and WSI design works
Section
40G. Prohibitions against carrying out of regulated works, etc.
40H. Prohibition against engagement of persons to carry out certain
WSI design works
Division 2 — Licensing of plumbers
40I. Application for plumber’s licence
40J. Grant of plumber’s licence
40K. Grounds for suspension or cancellation of plumber’s licence
40L. Proceedings for suspension or cancellation of plumber’s licence
40M. Surrender of plumber’s licence
Division 3 — General provisions
40N. Training requirements for licensed plumbers
40O. Duties of licensed plumbers in relation to regulated works
40P. Duties of professional engineers in relation to WSI design works
40Q. Directions to licensed plumbers, professional engineers, etc.
PART 4
SUPPLY OF PIPED WATER SUITABLE FOR DRINKING
41. Supply of piped water suitable for drinking with approval of
Board
42. Compliance with requirements by approved person, etc.
43. Suspension of approval
44. Exclusion of liability for Board
PART 4A
CONTROL OF DESIGNATED ENTITIES, DESIGNATED
BUSINESS TRUSTS AND DESIGNATED TRUSTS
Division 1 — Preliminary
44A. Interpretation of this Part
44B. What holding an equity interest means
44C. Meaning of “associate”

Division 2 — Designation and controllers of designated
entities, designated business trusts and designated trusts
Section
44D. Designation of designated entity, designated business trust and
designated trust
44E. Notice to Board by 5% controller
44F. Approvals of Board in relation to equity interests and control of
voting power in certain cases
44G. Remedial directions
44H. Effect of remedial directions, etc.
44I. Restrictions on voluntary winding up, etc.
44J. Penalties under this Division
Division 3 — Special administration order
44K. Meaning and effect of special administration order
44L. Power to make special administration order, etc.
44M. Transfer of property, etc., under special administration order
PART 5
OFFENCES
45. Maintenance of water service installation
45A. Security of water service installation having certain storage tank
46. Duties of person laying pipes
47. Damage to property of Board
47A. Damage to water mains and installations, etc.
48. Compensation for damaging property of Board
49. Falsely pretending to be employee of Board
50. Unauthorised connection with main, contamination, wastage,
etc.
51. Penalty for obstructing Board in its duty
52. Making of false statements, etc.
53. Certificate of Chief Executive to be evidence of certain facts
54. Jurisdiction of court
55. Police officer, authorised officer or authorised person may
require evidence of identity in certain cases
55A. Power to examine and secure attendance
55B. Power to enter and investigate
56. Offences committed by bodies corporate, etc.
56A. Liability for offence committed by agent or employee
57. Duty to enquire before excavation

Section
58. General penalties
59. Composition of offences
PART 6
TRANSFER TO BOARD OF PROPERTY,
LIABILITIES AND EMPLOYEES
60. Transfer to Board of property, assets and liabilities
61. Transfer of employees
62. Pension rights, etc., of Government employees to be preserved
63. No benefits in respect of abolition or reorganisation of office
64. Existing contracts
65. Continuation and completion of disciplinary proceedings
66. Misconduct or neglect of duty by employee before transfer
PART 7
MISCELLANEOUS
67. Property of Board not fixtures
68. Powers of arrest
68A. Compensation, damages, costs and expenses to be determined
by Magistrate’s Court or District Court
69. General exemption
70. Service of documents
71. Evidence
72. Regulations
72A. Incorporation by reference
72B. Advisory guidelines
73. Transitional provisions
First Schedule — Constitution and proceedings of Board
Second Schedule — Powers of Board
Third Schedule — Financial provisions
Fourth Schedule — Compensation for temporary occupation
of premises
An Act to reconstitute the Public Utilities Board and for matters

connected therewith.
[1 April 2001]

PART 1
PRELIMINARY
Short title
1. This Act is the Public Utilities Act 2001.
Interpretation
2. In this Act, unless the context otherwise requires —
“AMI meter” or “Advanced Metering Infrastructure meter”
means —
(a) a meter that can transmit information to the Board by
means of telecommunications; and
(b) a meter, and a device which is associated with or
ancillary to that meter and which —
(i) is capable of converting mechanical readings to
digital data, where applicable; and
(ii) enables information to be transmitted to the
Board, or received by the meter, by means of
telecommunications;
“apparatus” means any water apparatus, equipment or accessory
and includes all apparatus, devices and fittings in which pipes
are used or of which they form a part;
“approved person” means a person given written approval under
section 41 to supply piped water suitable for drinking;
“authorised officer” means an officer or employee of the Board,
or an officer of any other statutory authority, authorised by
the Board;
“Board” means the Public Utilities Board reconstituted under
the Public Utilities Act (Cap. 261, 1996 Revised Edition) in
force before 1 April 2001 and continued by section 3;
“Chairperson” means the Chairperson of the Board and includes
any temporary Chairperson of the Board;

“Chief Executive” means the Chief Executive of the Board, and

includes any individual acting in that capacity;
“Coastal and Flood Protection Fund” means the fund of that
name established under section 18;
“coastal hazard” means any of the following:
(a) beach or foreshore erosion;
(b) coastal slope instability;
(c) coastal inundation;
(d) tidal inundation;
(e) erosion and inundation of the coastal zone caused by
tidal waters and the action of waves, including the
interaction of those waters with catchment
floodwaters;
“coastal management” includes the protection, conservation,
rehabilitation and management of the coastal zone to mitigate
current and future risks from coastal hazards, taking into
account the effects of climate change;
“coastal zone” means any of the following in Singapore:
(a) littoral beaches, foreshores, tidal wetlands, estuaries,
coastal swamps, mangrove areas, littoral forests or
minor coastal streams, whether or not of a saline,
freshwater or brackish nature;
(b) all other areas at risk of being affected by coastal
hazards, taking into account the effects of climate
change;
“connecting pipe” means a pipe from a water main to the meter
position;
“consumer” means a person who is supplied with water or
whose premises are for the time being connected for the
purpose of a supply of water with any system of supply;

“Deputy Chairperson” means the Deputy Chairperson of the
Board and includes any temporary Deputy Chairperson of the
Board;
“discharge pipe” means a pipe that enables any sewage or
sullage water to be conveyed from a sanitary appliance or
floor trap to a drain-line;
“drain-line” has the meaning given by section 2 of the Sewerage
and Drainage Act 1999;
“foreshore” means the land lying between the high-water mark
and low-water mark of the sea as is ordinarily covered and
uncovered by the flow and ebb of the tide at spring tides;
“installation” includes any plant or apparatus designed for the
collection, conveyance, production, supply or use of water;
“licensed plumber” means an individual who holds a plumber’s
licence;
“limited WSI design works” means the designing of any water
service installation that is to be installed downstream of a
meter, where the water service installation being designed
does not include any pumping equipment or storage tank;
“main” means a pipe through which water is or can be supplied
or conveyed, whether the pipe is in use or not;
“master meter” means a meter registering water, all or part of
which is subsequently registered by one or more sub-meters;
“member” means any member of the Board;
“meter” —
(a) means any appliance or device to measure, ascertain
or regulate the amount of water taken from a supply
or conveyance of water to any place; and
(b) includes an AMI meter;
“occupier” means the person in occupation of any premises and
includes the person having the charge, management or
control of the premises either on the person’s own account
or as agent of another person, but does not include a lodger;

“plumber’s licence” means a licence granted under section 40J;

“premises” includes buildings, structures, streets, lands, waters,
tenements, easements of any tenure, whether State land or
not, whether open or enclosed, whether built on or not,
whether public or private, and whether maintained or not
under statutory authority;
“professional engineer” means an individual who is registered as
a professional engineer under the Professional Engineers
Act 1991 and has in force a practising certificate issued under
that Act;
“regulated works” means any sanitary works, limited WSI
design works or WSI works, but does not include any of such
works as the Minister may, after consulting the Board,
prescribe by order in the Gazette;
“sanitary appliances” and “sanitary facilities” have the
meanings given by section 2 of the Sewerage and Drainage
Act 1999;
“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” and “sewerage system” have the meanings given by
section 2 of the Sewerage and Drainage Act 1999;
“storage tank” means any tank or storage cistern that has a free
water surface under atmospheric pressure, but does not
include —
(a) a flushing cistern; or

(b) a drinking-trough or drinking-bowl for animals
(including poultry);
“street” includes —
(a) any road, highway, square, footway or passage,
whether a thoroughfare or not, over which the
public has a right of way;
(b) the way over any public bridge;
(c) any road, footway or passage, open court or open
alley, used or intended to be used as a means of access
to 2 or more holdings, whether the public has a right
of way over it or not; and
(d) all channels, sewers, drains, tunnels, ditches and
reserves at the side of a street;
“telecommunications” has the meaning given by section 2 of the
Telecommunications Act 1999;
“ventilating pipe” means a pipe provided to limit the pressure
fluctuations in any discharge pipe;
“vessel” means —
(a) a ship, boat, an air-cushioned vehicle or any other
similar craft used in any reservoir or waterway,
however moved or propelled; or
(b) a barge, lighter, rig, platform or any other floating
structure, that may or may not be moved or propelled;
“water fitting” means —
(a) any pipe that is not a water main;
(b) any pipe fitting, tap, cock, valve or ferrule;
(c) any meter; or
(d) any flushing cistern,
and any other similar apparatus used in connection with the
supply or conveyance, and use, of water;

“water installation” means any water-retaining structure,

pumping station, pipe, water fitting, apparatus or appliance
used for the supply or conveyance of water;
“water main” means any pipe used or to be used for the
conveyance of water, other than a connecting pipe;
“water service installation” —
(a) in relation to water supplied by the Board, means any
installation within any premises including any pipe,
water fitting, apparatus or appliance, connecting a
meter to the premises and used for the supply of the
Board’s water to the premises, but does not include
any installation for the disposal of any waste, sullage
water or sewage; and
(b) in relation to water supplied by an approved person,
means —
(i) any installation within any premises including
any pipe, water fitting, apparatus or appliance
used for the supply of the approved person’s
water to the premises; or
(ii) if a meter is provided, any installation within
any premises including any pipe, water fitting,
apparatus or appliance, connecting the meter to
the premises and used for the supply of the
approved person’s water to the premises,
but does not include any installation for the disposal
of any waste, sullage water or sewage, or any
installation or water installation of the Board;
“water suitable for drinking” means —
(a) potable water; and
(b) any water held out by a person who supplies it as
potable water,
but does not include any water intended for consumption
solely by animals;

“waterway” means a navigable river, conduit or drain;
“WSI design works” means the designing of any water service
installation that is to be installed downstream of a meter, and
includes any limited WSI design works;
“WSI works” means any works on any water service installation
including constructing, erecting, installing, maintaining,
altering, repairing or replacing the water service installation.
[9/2012; 5/2018; 11/2018; 13/2020; 4/2021]
PART 2
RECONSTITUTION, FUNCTIONS,
DUTIES AND POWERS OF BOARD
Reconstitution 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.
Common seal
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.
Constitution of Board
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;
and
(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.
Powers of Board
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.
Directions by Minister
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]
Power to borrow
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]
Issue of shares, etc.

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.
Annual estimates
15. A summary of the annual estimates and supplementary
estimates adopted by the Board must be published in the Gazette.

Power of investment
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.
Financial provisions
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.
PART 3
WATER UNDERTAKING OF BOARD
[11/2018]

Tariffs for supply of water and apparatus, etc., payable to
Board
20.—(1) The prices to be charged for the supply of water by the
Board and the hire of apparatus must be in accordance with such
tariffs as may be prescribed.
[9/2012]
(2) Subject to section 14, for the purpose of determining the price to
be charged for the supply of water by it, the Board may take into
consideration all costs incurred in enabling it to supply the water,
including (but not limited to) the following:
(a) the collection of water from any source, whether water
from any natural source, used water (including sewage,
waste matter and effluent) or otherwise;
(b) the purchase of water from any source;
(c) the storage of water;
(d) the treatment of water to the standards necessary for the
use for which the water is required;
(e) the supply of water to any premises;
(f) the maintenance of any system employed in the collection,
storage, treatment or supply of water;
(g) ensuring the quality, safety and security of the water
supply.
[9/2012]
(3) In determining the price to be charged for the supply of water by

the Board, subsection (2) does not permit the Board to take into
consideration —
(a) the costs in connection with any activity referred to in that
subsection if an amount of tax is payable in relation to that
same activity under subsection (7) (whether by the same
person paying the price or otherwise); or
(b) any costs borne by the Government or by the Board on
behalf of the Government.
[9/2012]

(4) For the purposes of subsection (1), the Board may prescribe
different prices for persons differently situated, including different
prices for different volumes of water supplied.
[9/2012]
(5) Nothing in this section prevents the Board from —

(a) charging other prices by special agreement which need not
be prescribed; or
(b) fixing, with the approval of the Minister, different tariffs
for consumers similarly situated for a temporary period.
(6) The Board must, in fixing tariffs and making agreements for the
supply of water, neither show undue preference as between
consumers similarly situated nor exercise undue discrimination as
between persons similarly situated, having regard to the place and
time of supply, the quantity supplied, and the purpose for which the
supply is taken.
(7) A waterborne tax must be paid to the Board for the discharge of
the Board’s functions in relation to used water (including sewage,
waste matter and effluent) and sewerage, and the waterborne tax must
be of such amount and payable at such times as the Minister may, by
order in the Gazette, prescribe.
[9/2012]
(8) The waterborne tax is payable by —

(a) an occupier of premises (including the Government); or
(b) where the premises are vacant, the owner of the premises
(including the Government).
[9/2012]
(9) In determining the amount of the waterborne tax payable by any

person, the Minister may base the calculation of the tax on all or any
of the following:
(a) the number of sanitary appliances which are installed in the
premises;
(b) the volume of water supplied to the premises;

(c) any estimate of the volume of used water (including
sewage, waste matter and effluent) disposed of.
[9/2012; 11/2018]
(10) For the purposes of subsection (7), the Minister may prescribe
different amounts of waterborne tax for persons differently situated,
including different amounts of waterborne tax for different volumes
of water supplied and estimates of different volumes of used water
(including sewage, waste matter and effluent) disposed of.
[11/2018]
(11) The waterborne tax collected under this section must be paid
into the funds of the Board.
[9/2012]
(12) Without affecting section 25, any waterborne tax payable

under this section may be recovered by the Board as a civil debt due
to the Board.
[9/2012]
(13) The Board may, with the approval of the Minister, grant any
person or class of persons such amount of rebate on the waterborne
tax as the Board may determine.
[9/2012]
Board may supply water

21.—(1) Subject to the provisions of this Act, the Board may
supply water to any person who undertakes to enter into an agreement
with the Board for the supply on such terms and conditions as the
Board may determine.
[9/2012]
(2) The Board may require any person who requires a supply of
water to accept in respect of the supply —
(a) any condition requiring the person to provide sufficient
premises, and to construct rooms, buildings or structures,
as may be considered necessary by the Board for the
purposes of the supply; and
(b) any condition giving the Board the right to use the
premises, rooms, buildings or structures provided or
constructed under paragraph (a) as the Board thinks fit.
[9/2012]

(3) The Board may refuse to give, or may discontinue, a supply of

water to any premises which —
(a) has been erected in contravention of any written law;
(b) is in a ruinous or dangerous condition; or
(c) has a water service installation that is in an unsatisfactory
condition.
[9/2012]
(4) Without affecting subsection (3), the Board may —

(a) refuse to enter into an agreement for the supply; or
(b) enter into an agreement for a reduced supply,
of water that is not for human consumption to any premises, where
the Board is of the opinion that it is impracticable or uneconomical to
supply the water to those premises.
[9/2012]
(5) The Board shall not be liable for any loss or damage caused to
any person by —
(a) any refusal or discontinuance of the supply of water under
subsection (3); or
(b) any refusal to enter into an agreement for the supply of
water, or entering into an agreement for a reduced supply
of water, under subsection (4).
[9/2012]
Board may require security

22.—(1) Subject to this section, the Board may require any person
who requires a supply of water to give the Board reasonable security
for the payment to it of all moneys which may become due to the
Board —
(a) in respect of the supply; or
(b) in respect of the provision of any water installation.
(2) If that person fails to give the security, the Board may, if it thinks
fit, refuse to give the supply or to provide any water installation for so
long as the failure continues.

(3) Where any person has not given the security mentioned in
subsection (1), or the security given by any person has become
invalid or insufficient —
(a) the Board may by notice require that person, within 7 days
after the service of the notice, to give the Board reasonable
security for the payment of all moneys which may become
due to the Board in respect of the supply; and
(b) if that person fails to give the security, the Board may if it
thinks fit discontinue the supply for so long as the failure
continues.
any person by the discontinuance of the supply of water to the person
under subsection (3).
Board may cut off supply of water in default of payment

23.—(1) If any person entitled to a supply of water under any
agreement under section 21 makes default in payment of any sum
payable by the person under the agreement, the Board may
discontinue the supply of water by severing or disconnecting any
pipe (whether or not belonging to or under the control or management
of the Board) or other work through which water is supplied and may,
until any sum payable under the agreement together with the
expenses incurred by the Board in so discontinuing the supply are
fully paid, discontinue the supply of water to that person.
(2) If, in the opinion of the Board, any person is responsible for the
misuse or waste of any water supplied by the Board, the Board may
give written notice to that person calling upon that person to cause the
misuse or waste to be discontinued within the period specified in the
notice and, if the misuse or waste continues after the expiry of that
period, the Board may discontinue the supply of water to that person
by severing or disconnecting the service pipe or by such other means
as it thinks fit.
any person by the discontinuance of the supply of water to the person
under subsection (1) or (2).

Power to enter upon premises for survey, inspection, etc.

24.—(1) The Board may, for the purposes of this Act, by its
employees, agents or contractors, enter any premises at all reasonable
hours in the day or night, or at any other time that may be agreed with
the owner or occupier of the premises, for the purpose of making any
survey or inspection and for the purpose of executing any work
authorised by this Act to be executed by the Board without being
liable to pay any person any fee, charge or expense or to any legal
proceedings or molestation on account of such entry or of anything
done in any part of the premises under this Act.
[9/2012]
(2) Subject to subsection (3), the Board must not by its employees,
agents or contractors enter any dwelling house in actual occupation,
except with the consent of the occupier of the house, without 6 hours’
previous notice to the occupier.
(3) The Minister may declare that any class of premises for the
control and supervision of which regulations may be made under this
Act are liable to inspection at any time of the day or night, and upon
the declaration any employee, agent or contractor duly authorised in
writing by the Board to do so may, at any time of the day or night and
without notice, enter using such force as may be necessary and search
or inspect any premises of the class specified in the declaration.
[9/2012]
Power to enter premises for installation of pipes, water

installations, etc.
24A.—(1) The Board may, for the purposes of this Act, by its
employees, agents or contractors, enter any premises at all reasonable
hours in the day or night, or at any other time that may be agreed with
the owner or occupier of the premises, for all or any of the following
purposes:
(a) to lay or install under, over, in, on or through the premises,
any mains, pipes, water installations or water service
installations that the Board considers necessary for the
supply of water to those or other premises;

(b) to lay or install under, over, in, on or through the premises
any meters that the Board considers necessary to measure,
ascertain or regulate the supply of water to those or other
premises;
(c) to inspect, maintain, adjust, repair or alter —
(i) any main, pipe, water installation or water service
installation mentioned in paragraph (a) or any meter
mentioned in paragraph (b); and
(ii) any other main, water installation or pipe that is
acquired by the Board and immediately leased back
to another person, and is used for the supply of water
to those or other premises;
(d) to carry out any works requisite for, or incidental to, the
purposes of any works falling within paragraph (a), (b) or
(c), including —
(i) excavating any premises, sewer or drain;
(ii) tunnelling or boring under any premises, sewer or
drain;
(iii) removing or using all earth and materials in or under
any premises, sewer or drain; and
(iv) erecting, placing or installing any equipment or
apparatus in or under any premises.
[9/2012; 11/2018; 13/2020]
(2) Except as provided under Part 3A, the Board shall not be liable
to pay any person any fee, charge or expense on account of any entry
to any premises or of anything done to the premises under this
section.
[9/2012; 12/2015]
(3) However, the Board must not enter any premises for the
purposes specified in subsection (1) unless the Board has given at
least 14 days’ written notice of intention to enter to every owner and
occupier of the premises.
[9/2012; 12/2015]

(4) A notice mentioned in subsection (3) must —

(a) state the estimated period (if any) during which the Board
intends to temporarily occupy or take possession of the
premises;
(b) give a brief description of the works (if any) which are to
be carried out in or on the premises;
(c) describe the area or extent of the land and the subterranean
space needed for the carrying out of the works mentioned
in paragraph (b); and
(d) state that the owner or occupier of the premises may serve
on the Board a claim of compensation for the items of loss,
damage or cost set out in the first column of the Fourth
Schedule to the extent of the loss, damage or cost suffered
or incurred by the owner or occupier of the premises.
[12/2015]
(5) The Board may serve a notice on the owner or supplier of any
gas, electricity, water or telecommunication services —
(a) 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 supplier or is maintained by that
owner or supplier if, in the opinion of the Board, such
alteration is required for the purposes of subsection (1);
and
(b) to repair any premises thereby disturbed,
and where any approval of a statutory authority is required for that
alteration, to do so in accordance with that approval.
[9/2012]
(6) 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 premises if, in the opinion of the Board, the
removal of the object or structure is required for any of the purposes
specified in subsection (1).
[9/2012]

(7) Any costs and expenses reasonably incurred by the owner,
supplier or occupier in complying with any notice under
subsection (5) or (6) must be borne by the Board.
[9/2012]
Board may act in cases of emergency

24B. Despite anything in section 24, 24A, 31, 32 or 33, where the
Board considers that immediate action is necessary —
(a) upon the occurrence of an emergency, fire or excessive
drought;
(b) because the quality of water supplied fails to meet the
standards required by the Board;
(c) to facilitate the repair, alteration, replacement or
maintenance of any main, installation or water installation;
(d) to avoid undue interference with the supply of water to
consumers;
(e) to conserve water supply; or
(f) in the interests of public safety or for other reasons
affecting public interest,
the Board may immediately and without notice enter any premises
and carry out, or direct the immediate execution of, any work or the
doing of any act, being any work or act authorised under any of those
sections, which is in the opinion of the Board necessary for the
service or safety of the public.
[9/2012]
Recovery of moneys due to Board

25.—(1) If the amount of any tax under this Act or the amount of
any moneys which is due from any person for —
(a) the supply of water by the Board to any premises owned or
occupied by the person;
(b) work done or materials provided in connection with the
work; or

(c) the supply or hire by the Board of any water fitting,

apparatus, appliance, accessory or appurtenance thereof,
is not paid within the time allowed for such payment to be made, a
notice may be issued requiring the defaulter to pay the same, together
with a fee of such amount as may be prescribed for the cost of issuing
the notice, within 7 days from the date of the notice.
[9/2012]
(2) If the amount and fee are not paid within the period of 7 days, a
warrant may be issued by the Board to any employee of the Board
named in the warrant, directing him or her to levy the same and the
costs of recovery by seizure and sale of the movable property of the
defaulter.
(3) The person to whom any such warrant is addressed may break
open in the daytime any house or building for the purpose of seizing
property pursuant to the warrant.
(4) Such fees as may be prescribed are payable by way of costs in
the case of the issue of a warrant for the recovery of any debts under
this section.
(5) The person to whom any such warrant is addressed must make
an inventory of the property seized under the warrant and must at the
same time give written notice to the person in possession of the
property at the time of seizure that the property will be sold.
(6) The property seized by virtue of any such warrant is to be sold
by public auction by the person to whom the warrant is addressed or
by some other person appointed by the Board at any time after the end
of 7 days from the date of the seizure, unless in the meantime the
amount of the debt and the costs mentioned in the warrant have been
paid.
(7) The surplus (if any) accruing from the sale, after deducting the
amount of the debt and the costs, must be paid to the owner of the
property so sold.
(8) Any surplus remaining unclaimed for a period of 12 months
from the date of the sale must be paid to the credit of the Board’s fund
and no person thereafter is entitled to demand and receive it.

Relocation of water installation
26. The Board may, at the request of the owner or occupier of any
premises under or upon which any water installation is situated,
relocate the water installation if the Board is satisfied that the
relocation is reasonable and the owner or occupier complies with
such terms and conditions as the Board may impose, including terms
and conditions relating to the payment by the owner or occupier of all
costs and expenses necessary for the relocation.
Board may stop or interrupt supply of water

27.—(1) The Board may, despite any agreement made with any
consumer for the supply of water, stop, turn off or divert in part or
wholly the water in any main or other works under its control or
management —
(a) upon the occurrence of an emergency, fire, or excessive
drought;
(b) if the quality of water supplied fails to meet the standards
required by the Board;
(c) if this is necessary to facilitate the repair or replacement of
any main, installation or water installation, construction of
new works, alteration to or maintenance of existing works,
or the installation, changing or removal of any meter;
(d) if this is necessary to avoid inconvenience to other
consumers or undue interference with the water supply
to other consumers;
(e) if this is necessary to conserve water supply; or
(f) if it is in the interests of public safety or in the public
interest to do so.
[9/2012]
(2) The Board shall not be liable in respect of any loss or damage
caused to any person by reason of —
(a) any failure to provide or delay in providing any supply of
water or any apparatus associated with the supply of water;
or

(b) any failure, interruption, suspension or restriction of any

supply of water.
Board may reduce supply of water

28. The Board may, without incurring any liability for so doing
other than the liability to make a proportionate abatement in the sum
agreed to be paid for the supply of water, reduce as the Board thinks
fit the quantity of water supplied in any case, if at any time it is of the
opinion that its supply of water is insufficient for purposes of normal
supply to the public.
Property of Board not to be subject to distress or taken under

or pursuant to enforcement order
29. When any pipe or other apparatus belonging to the Board is
placed in or upon premises not being in the possession of the Board
for the purpose of supplying water, the pipe or other apparatus is not
subject to distress and is not to be taken under or pursuant to an
enforcement order under any process of any court or in any
proceedings in bankruptcy against the person in whose possession
it is.
[Act 25 of 2021 wef 01/04/2022]
Apparatus, appliances, etc., let for hire by Board not to be

subject to distress or taken under or pursuant to enforcement
order
30. Any apparatus, appliance, accessory, fitting and appurtenance
let for hire by the Board and placed in or upon any premises not being
in the possession of the Board is not subject to distress and is not to be
taken under or pursuant to an enforcement order under any process of
any court or in any proceedings in bankruptcy against the person in
whose possession it is.
[Act 25 of 2021 wef 01/04/2022]
Power to enter premises to examine pipes, etc.

31.—(1) The Board may by its employees, agents or contractors, at
all reasonable hours in the day or night, or at any other time that may
be agreed with the owner or occupier of the premises, enter any

premises to which water is or has been supplied by the Board for all or
any of the following purposes:
(a) to examine and if necessary repair, renew or replace the
pipes, meters, fittings, works or apparatus for, or in respect
of, the supply of water belonging to or which are supplied
from mains belonging to the Board;
(b) to ascertain the quantity of water consumed or supplied;
(c) when the Board is authorised to discontinue the supply of
water from any premises, to remove any pipe, fitting,
meter, work or apparatus belonging to the Board;
(d) to repair any damage caused by such entry, inspection or
removal.
[9/2012; 13/2020]
(2) The Board may by its employees, agents or contractors, at all

reasonable hours in the day or night, or at any other time that may be
agreed with the owner or occupier of the premises, enter upon or pass
through any premises into, through, by, along or under which any of
its mains, pipes or other works or any main, pipe or work connected
therewith passes or is located —
(a) to inspect and, if necessary, to repair, alter, take up, relay,
rearrange or otherwise deal with them as the circumstances
may require; and
(b) to repair any damage caused by such entry or anything
done under paragraph (a).
[9/2012]
(3) The Board shall not be liable to pay any person any fee, charge
or expense or to any legal proceedings or molestation on account of
such entry or of anything done to the premises under this section.
Power to enter upon premises adjacent to works

32.—(1) The Board may, by its employees, agents or contractors,
enter any premises adjoining to or being within the distance of
100 metres of any works by this Act authorised to be made —
(a) for the purpose of depositing upon the premises any soil,
gravel, sand, lime, brick, stone or other materials; or

(b) for any other purpose connected with those works,

without making any previous payment, tender or deposit.
(2) However, the Board must not enter any premises for the
purposes specified in subsection (1) unless the Board has given at
least 7 days’ written notice of its intention to enter to every owner and
occupier of the premises.
[12/2015]
(3) A notice mentioned in subsection (2) must —

(a) state the estimated period (if any) during which the Board
intends to temporarily occupy or take possession of the
premises;
(b) give a brief description of the works (if any) which are to
be carried out in or on the premises;
(c) describe the area or extent of the land and the subterranean
space needed for the carrying out of the works mentioned
in paragraph (b); and
(d) state that the owner or occupier of the premises may serve
on the Board a claim of compensation for the items of loss,
damage or cost set out in the first column of the Fourth
Schedule to the extent of the loss, damage or cost suffered
or incurred by the owner or occupier of the premises.
[12/2015]
Removal of obstruction over existing water main, connecting

pipe or meter
33.—(1) Where the Board is of the opinion that any structure,
object or any accumulation of any substance that exists above or in
the vicinity of any water main, connecting pipe or meter belonging to
the Board hinders or obstructs or is likely to hinder or obstruct access
to the water main, connecting pipe or meter, the Board may by written
notice direct —
(a) the person to whom the structure, object or accumulation
of substance belongs;
(b) the person who caused the structure, object or
accumulation of substance to be where it exists; or

(c) the owner or occupier of the premises on which the
structure, object or accumulation of substance exists,
to remove the structure, object or accumulation of substance within
the time specified in the notice.
[11/2018; 13/2020]
(2) Where the person on whom a notice under subsection (1) has
been served fails to comply with it —
(a) the 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 12 months or to
both; and
(b) the Board may —
(i) take all steps as it thinks necessary to secure the
removal of the structure, object or accumulation of
substance; or
(ii) relocate or divert the water main, connecting pipe or
meter,
and recover any costs reasonably incurred by it from the
person.
[13/2020]
Notice of obstruction of pipe or other apparatus to be given to

Board
34.—(1) Where any pipe or other apparatus placed in or upon any
premises for the use or supply of water to the occupier of the premises
becomes obstructed or in any way damaged so as to cause a waste of
water, the occupier must, immediately on the same coming to the
occupier’s knowledge, give notice thereof to the Board.
(2) Any such occupier who neglects to give such notice after
acquiring such knowledge shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding $5,000, and the supply
may be summarily discontinued by the order of the Board until the
necessary repairs are effected.

Penalty or late payment charge

35. The Board may, with the approval of the Minister, prescribe a
penalty or late payment charge (such penalty or late payment charge,
if unpaid, to constitute a debt due to the Board and be recoverable as
such) to be paid by a consumer to the Board for late payment of any
fee, charge or tax payable under this Act.
[9/2012]
Contribution towards capital outlay to provide water supply

36.—(1) Where the Government considers it necessary for water
supply to be provided in any area, whether for domestic or non-
domestic purposes, and where the Board considers it uneconomical to
provide the supply without a contribution from the Government, the
Government may make such contribution towards the capital outlay
necessary to provide the supply as may be estimated by the Board and
agreed by the Government.
(2) Where the owner of any land proposes to erect on the land
buildings for which water supply will be needed, whether for
domestic or non-domestic purposes, and it is uneconomical for the
Board to provide the supply, the Board may require the owner to
make such contribution towards the capital outlay necessary to
provide the supply as may be estimated by the Board and agreed by
the owner.
(3) A supply of water for domestic purposes does not include a
supply of water —
(a) for cattle or horses or for washing vehicles where the cattle,
horses or vehicles are kept for sale or hire or kept by a
common carrier;
(b) where the supply is used substantially for watering lands or
gardens or for fountains or for any ornamental purpose; or
(c) to any premises any part of which is used for the purpose of
any trade, manufacture or business.

General provisions relating to discontinuation of supply of
water
37.—(1) If, at any time after the supply of water to any premises has
been discontinued by the Board under any provision of this Act, it is
found that the supply has been reinstated without the authority of the
Board and the water is being used by any person on the premises, the
occupier of the premises is deemed, until the contrary is proved, to
have authorised such user and shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $10,000 and to a
further fine not exceeding $250 for every day or part of a day during
which the offence continues after conviction.
(2) Where the Board has discontinued the supply of water to any
premises under this Act, the Board may resume the supply within a
reasonable time if the person in default —
(a) has made good the default; and
(b) has paid the reasonable expenses of disconnecting and re-
connecting the supply.
Board in executing works to provide convenient ways, etc.

38.—(1) The Board in executing any works directed or authorised
to be made must provide and make a sufficient number of convenient
ways, watercourses, drains and channels in the place of such as are
interrupted, damaged or rendered useless by reason of the execution
of the works.
(2) The Board must make reasonable compensation to any person
who suffers damage by reason of the same.
Entry into Board’s premises without consent, etc.

39.—(1) Despite any written law, a person must not enter or use any
premises belonging to the Board, or reserved for the Board for laying
of a main, without the prior written consent of the Board.
(2) The Board may, by written notice, require any person whose
cable, pipe, main or other property of whatever description is located
under, over, in, on, along or across the premises mentioned in

subsection (1) to remove the cable, pipe, main or property from the
premises within the period specified in the notice.
(3) All costs and expenses incurred by the person in complying with
the notice must be borne by the person.
(4) Any person who contravenes subsection (1) shall be guilty of an
offence.
40. [Repealed by Act 11 of 2018]
PART 3A
COMPENSATION FOR TEMPORARY OCCUPATION OF
PREMISES AND OWNER-INITIATED ACQUISITION
Compensation for temporary occupation of premises
40A.—(1) Subject to sections 40B and 40C, every owner and
occupier of premises of which temporary possession is taken under
section 24A or 32 is entitled to claim compensation for the items of
loss, damage or cost set out in the first column of the Fourth Schedule
to the extent of the loss, damage or cost suffered or incurred by the
owner or occupier, as the case may be.
[12/2015]
(2) A claim for compensation for an item of loss, damage or cost set
out in the first column of the Fourth Schedule is to be assessed by the
Board —
(a) on the basis of the matters specified opposite in the second
column of the Fourth Schedule; and
(b) by not taking into consideration any of the matters
specified in subsection (3).
[12/2015]
(3) No account is to be taken of the following in the assessment of

any claim for compensation by any owner or occupier of premises of
which temporary possession is taken under section 24A or 32:
(a) the financial loss resulting from the interruption of or
interference with any trade or business carried on any
premises;

(b) any increase or decrease in the value of the premises to
which the compensation relates which is attributable to the
purpose for which the premises are occupied and used;
(c) any building, object or structure within those premises
which was erected and maintained in the contravention of
any written law in force on the date of the notice under
section 24A(3) or 32(2) (as the case may be) relating to
those premises;
(d) any building or part of a building within those premises
which has been constructed or modified or on which
building works have been carried out so as to amount to a
contravention of the Building Control Act 1989 within the
meaning of that Act.
[12/2015]
(4) On receiving a claim for compensation from any owner or

occupier of premises of which temporary possession is taken under
section 24A or 32, the Board must inquire into that claim and must, as
soon as is possible, pay to the owner or occupier (as the case may be)
compensation for such loss, damage or cost arising from the exercise
of the powers under that section as is determined in accordance with
this section.
[12/2015]
(5) To avoid doubt, nothing in this section prevents the Board from
restoring premises of which temporary possession is taken under
section 24A or 32 to the reasonable satisfaction of the owner or
occupier of the premises before returning those premises to the owner
or occupier, in lieu of compensation for any item of loss, damage or
cost set out in the first column of the Fourth Schedule.
[12/2015]
Time for, and manner of, claiming for compensation

40B.—(1) Every claim for compensation under this Part must be in
writing.
[12/2015]
(2) Subject to subsection (4), if a claim for compensation for an

item of loss, damage or cost set out in the first column of the Fourth
Schedule is not served on the Board before the expiry of the relevant

period specified in subsection (3) for that item, the right to claim
compensation for that item is barred and any late claim may be
disregarded.
[12/2015]
(3) The period within which a claim for compensation for an item of
loss, damage or cost set out in the first column of the Fourth Schedule
must be served on the Board is as follows:
(a) for a claim for loss due to displacement of any person in
lawful occupation of the premises on the date of the notice
under section 24A(3) or 32(2) — 2 years starting from the
date of that notice;
(b) for a claim for structural damage to any building resulting
from the occupation and use of the premises under
section 24A(1) or 32(1) — 6 years starting from the date
those premises are returned;
(c) for a claim for other damage to any premises — 6 years
starting from the date those premises are returned;
(d) for a claim for removal of any object or structure which
was erected and maintained without contravention of any
written law — one year from the date of removal, or the
date of reinstatement or replacement, whichever is
applicable.
[12/2015]
(4) The Board may extend the period referred to in subsection (3)
within which a claim must be served upon it if an application for the
extension is made to the Board, either before or after the expiry of that
period, and the Board considers —
(a) that the delay in serving the claim was occasioned by
mistake of fact or mistake of any matter of law (other than
this Act) or by any other reasonable cause; or
(b) that the Board is not materially prejudiced by the delay.
[12/2015]
(5) An extension may be granted by the Board under subsection (4)

with or without conditions, and for such period as the Board thinks fit,

but in no case exceeding 6 years from the time when the right to
compensation first arose.
[12/2015]
Disqualification as to certain compensation

40C. If an owner of any premises of which temporary possession is
or has been taken in accordance with section 24A or 32 gives to the
Board any notice under section 40E(1) in relation to those premises
within the claim period referred to in section 40F(2)(d), the owner is
entitled to claim only for loss due to displacement of any person in
lawful occupation of the premises on the date of the notice under
section 24A(3) or 32(2) (as the case may be) and no other item in the
Fourth Schedule.
[12/2015]
Bar to other proceedings

40D. Except as provided in this Part, no action, claim or other
proceeding shall lie against the Board, or any employee, agent or
contractor of the Board —
(a) to restrain the doing of anything which is authorised by or
under section 24A or 32, or to compel the doing of
anything which may be omitted to be done under
section 24A or 32; or
(b) to recover damages, compensation or costs for —
(i) damage or disturbance to or loss of or in the value of
any land, chattel, trade or business;
(ii) personal disturbance or inconvenience;
(iii) extinguishment, modification or restriction of rights;
or
(iv) effecting or complying with any requirement or
condition imposed by the Board or its employee,
agent or contractor,
which is authorised by or under section 24A or 32 or arises
from any act or omission so authorised.
[12/2015]

Owners who suffer substantial impairment in rights in

premises may require their premises to be acquired
40E.—(1) The owner of any premises of which temporary
possession is or has been taken in accordance with section 24A or
32 may, by written notice given to the Board, request the Government
to acquire under the Land Acquisition Act 1966 —
(a) the premises; and
(b) any other premises of the owner related to the premises in
paragraph (a),
if the owner considers that the owner suffers substantial impairment
of the owner’s rights in the premises in paragraphs (a) and (b) because
of the taking of that temporary possession.
[12/2015]
(2) If there is more than one owner of the premises concerned, the
notice under this section must be given by all the owners.
[12/2015]
(3) Any notice under this section is irrevocable once given to the
Board.
[12/2015]
(4) For the purposes of this section and section 40F, premises
(called A premises) are related to other premises temporary
possession of which is or has been taken in accordance with
section 24A or 32 (in this section and section 40F called temporarily
occupied premises) if the A premises are the remainder of a parcel of
land part of which are the temporarily occupied premises.
[12/2015]
(5) In this section and section 40F —

“owner”, in relation to any premises, means —
(a) a person who has the fee simple estate in the
premises;
(b) a person who is the grantee or lessee under a State
title for the premises;
(c) a person who has become entitled to exercise a power
of sale of the premises; or

(d) a person in occupation of the premises under a
tenancy the term of which exceeds 7 years;
“parcel of land” means the whole area of land that —
(a) is the subject of a separate certificate of title
registered under the Land Titles Act 1993; or
(b) is a lot in a lawful division of land and capable of
being separately held by any owner,
and where a single building is erected on 2 or more such
adjoining lands or lots referred to in paragraph (a) or (b),
includes the area comprised in those lands or lots, as the case
may be.
[12/2015]
Owner-initiated acquisition
40F.—(1) Upon the Board receiving a notice under section 40E(1)
in relation to any temporarily occupied premises and any other
premises related to the temporarily occupied premises, the President
is to proceed under the Land Acquisition Act 1966 to acquire those
premises as if those premises were the subject of a notice under
section 49 of that Act.
[12/2015]
(2) The provisions of sections 49 and 49A of the Land Acquisition

Act 1966 apply (so far as relevant) to any premises that are the subject
of a notice under section 40E with the following exceptions,
modifications and adaptations:
(a) any reference in those sections to any land that is the
subject of a notice under section 49(1) of the Land
Acquisition Act 1966 is to be read as a reference to the
premises that are the subject of a notice under section 40E;
(b) any reference in those sections to land temporary
possession of which is or has been taken under
section 42 of the Land Acquisition Act 1966 is to be
read as a reference to any premises temporary possession
of which is or has been taken in accordance with
section 24A or 32;

(c) any reference in those sections to an owner of land is to be

read as a reference to an owner of premises referred to in
section 40E;
(d) any reference in section 49A of the Land Acquisition
Act 1966 to a claim period for any land temporary
possession of which is or has been taken in accordance
with a direction under section 42 of the Land Acquisition
Act 1966 is to be read as a reference to one year starting
from either of the following dates:
(i) the date of the notice under section 24A(3) or 32(2)
(as the case may be) relating to those premises;
(ii) the date of the expiry of the term of temporary
possession in a notice under section 24A(3) or 32(2)
(as the case may be) for the temporary occupation
and use of those premises, or the date the premises
are returned to the owner if earlier;
(e) such other exceptions, modifications and adaptations as the
differences between them necessarily require.
[12/2015]
PART 3B
REGULATED WORKS AND WSI DESIGN WORKS
Division 1 — Prohibitions relating to regulated works
and WSI design works
Prohibitions against carrying out of regulated works, etc.
40G.—(1) An individual must not carry out, or offer or undertake
to carry out, any regulated works unless the individual —
(a) is a licensed plumber; or
(b) acts under the direct supervision of a licensed plumber.
[11/2018]
(2) An individual must not hold himself or herself out (whether by

an advertisement or any other means) as authorised under this Act to

carry out any regulated works, unless the individual is a licensed
plumber.
[11/2018]
(3) A person must not in the course of business (whether or not

carried on for profit) provide, or offer or undertake to provide, the
carrying out of any regulated works unless the person ensures that
those works are carried out by —
(a) one or more licensed plumbers; or
(b) one or more individuals acting under the direct supervision
of one or more licensed plumbers.
[11/2018]
(4) A person must not hold out (whether by an advertisement or any

other means) that the person is authorised under this Act to provide in
the course of business the carrying out of any regulated works, unless
the person ensures that those works are carried out by the individuals
mentioned in subsection (3)(a) or (b).
[11/2018]
(5) An owner or occupier of any premises who wishes to have any

sanitary works or WSI works carried out at the premises must only
engage a person permitted under subsection (1) or (3) to carry out
those works or provide the carrying out of those works, as the case
may be.
[11/2018]
(6) An owner or occupier of any premises who wishes to have any

limited WSI design works carried out on a water service installation
situated at the premises must only engage —
(a) a person permitted under subsection (1) or (3) to carry out
those works or provide the carrying out of those works, as
the case may be; or
(b) a professional engineer to carry out those works.
[11/2018]
(7) Any person who contravenes subsection (1), (2), (3) or (4) 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 years or to both.
[11/2018]

(8) Any person who contravenes subsection (5) or (6) shall be

guilty of an offence.
[11/2018]
(9) Subsections (1), (2), (3) and (4) do not apply to a professional
engineer in respect of any limited WSI design works.
[11/2018]
Prohibition against engagement of persons to carry out certain

WSI design works
40H.—(1) An owner or occupier of any premises who wishes to
have any WSI design works carried out on a water service installation
situated at the premises must, where the WSI design works are not
limited WSI design works, only engage a professional engineer to
carry out those works.
[11/2018]

offence.
[11/2018]
Division 2 — Licensing of plumbers

Application for plumber’s licence
40I.—(1) An application to the Board for a plumber’s licence
must —
(a) be in such form and manner as the Board may require;
(b) be accompanied by an application fee (if prescribed); and
(c) be accompanied by the documents and information
required by the Board to consider the application.
[11/2018]
(2) In considering an application under subsection (1), the Board

may carry out such inquiries and investigations in relation to the
application as the Board considers necessary.
[11/2018]
(3) The Board may refuse to consider an application for a plumber’s

licence that is incomplete or not made in accordance with this section.
[11/2018]

Grant of plumber’s licence
40J.—(1) An applicant is ineligible for a plumber’s licence if the
applicant —
(a) has not completed any course, training, assessment,
examination or test on any regulated works as the Board
may require;
(b) does not, in the Board’s opinion, have the necessary
qualifications or experience to be a licensed plumber;
(c) does not, in the Board’s opinion, have an acceptable
knowledge of the requirements imposed by or under this
Act or the Sewerage and Drainage Act 1999 on a licensed
plumber; and
(d) does not satisfy other eligibility requirements (if
prescribed) to be a licensed plumber.
[11/2018]
(2) In deciding whether an applicant has an acceptable knowledge

of the requirements mentioned in subsection (1)(c), the Board may
have regard to —
(a) the results of any assessment, examination or test
mentioned in subsection (1)(a) completed by the
applicant; and
(b) if the Board considers relevant, the results of any other
assessment, examination or test on any regulated works
completed by the applicant, whether before, on or after
1 April 2018.
[11/2018]
(3) The Board may, after considering the matters mentioned in

subsections (1) and (2) and on payment of a licence fee (if
prescribed), grant a plumber’s licence to an individual.
[11/2018]
(4) A plumber’s licence granted under subsection (3) —

(a) authorises a licensed plumber to carry out any regulated
works; and

(b) is subject to any conditions that the Board may impose.

[11/2018]
(5) A plumber’s licence continues in force —

(a) for the life of the holder of a plumber’s licence; or
(b) for such period as the Board may specify in the licence,
unless the licence is earlier suspended or cancelled under section 40L
or earlier surrendered under section 40M.
[11/2018]
(6) A plumber’s licence is neither transferable nor assignable, and

any purported transfer or assignment of the licence is void.
[11/2018]
Grounds for suspension or cancellation of plumber’s licence

40K.—(1) The Board may suspend or cancel the plumber’s licence
of an individual who —
(a) has obtained the plumber’s licence by making or
producing, or causing to be made or produced, any false
or fraudulent declaration, certification or representation,
whether in writing or otherwise;
(b) has, in the Board’s opinion, contravened any requirement
imposed by or under this Act or the Sewerage and
Drainage Act 1999 applicable to the individual, for
which the individual is not liable for an offence;
(c) has, in the Board’s opinion, failed to comply with any
condition of the plumber’s licence;
(d) has been charged with or convicted of an offence, under
this Act or any other written law, such that it is undesirable,
in the Board’s opinion, that the individual should continue
to hold the plumber’s licence;
(e) if required by section 40N to complete any refresher
course, training, assessment, examination or test, has failed
to do so;

(f) is, for any reason, no longer suitable in the Board’s opinion
to hold a plumber’s licence having regard to any of the
matters mentioned in section 40J(1)(a) to (d); or
(g) in the Board’s opinion, has carried out or is carrying out
any regulated works in a manner that adversely affects or is
likely to adversely affect the health or safety of any
individual, or of the public or a section of the public.
[11/2018]
(2) The suspension or cancellation of a plumber’s licence under this

Act does not prejudice the enforcement —
(a) by any person of any right or claim against the licensed
plumber or former licensed plumber; or
(b) by the licensed plumber or former licensed plumber of any
right or claim against any person.
[11/2018]
(3) The Board does not have to —

(a) pay any compensation to any individual whose plumber’s
licence is suspended or cancelled; or
(b) refund any fee or part of the fee paid to the Board, in
respect of any unexpired period of a plumber’s licence that
is cancelled.
[11/2018]
Proceedings for suspension or cancellation of plumber’s licence

40L.—(1) Before suspending or cancelling the plumber’s licence
of an individual, the Board must give a written notice to the
individual —
(a) stating that the Board intends to suspend or cancel the
plumber’s licence; and
(b) specifying the time within which written representations
may be made to the Board with respect to the proposed
suspension or cancellation, that must not be less than any
time prescribed for the making of those representations.
[11/2018]

(2) The Board may, after considering any written representation

under subsection (1)(b) from an individual —
(a) suspend his or her plumber’s licence for a period not
exceeding 12 months or any longer period that may be
prescribed in substitution; or
(b) cancel his or her plumber’s licence.
[11/2018]
(3) Where the Board has made any decision under subsection (2)
against an individual, the Board must serve on the individual
concerned a notice of the decision.
[11/2018]
(4) The Board’s decision under subsection (2) takes effect from the
date that the notice under subsection (3) is given, or on a later date
specified in the notice.
[11/2018]
Surrender of plumber’s licence

40M.—(1) Subject to subsection (2), an individual may at any time
surrender his or her plumber’s licence to the Board for cancellation.
[11/2018]
(2) The Board may refuse the surrender of a plumber’s licence

under subsection (1) if —
(a) the Board is investigating whether there is any
circumstance that may result in the suspension or
cancellation of the plumber’s licence; or
(b) the Board has started proceedings under section 40L with a
view to suspending or cancelling the plumber’s licence.
[11/2018]
Division 3 — General provisions

Training requirements for licensed plumbers
40N. A licensed plumber must —
(a) complete any refresher course or training on any regulated
works as required by the Board; and

(b) complete to the Board’s satisfaction any assessment,
examination or test on any regulated works as required
by the Board.
[11/2018]
Duties of licensed plumbers in relation to regulated works

40O.—(1) A licensed plumber must, in respect of any regulated
works that the licensed plumber carries out, or directly supervises
another individual to carry out —
(a) ensure that the carrying out of the regulated works
complies with the requirements imposed by or under this
Act;
(b) for any prescribed regulated works —
(i) notify the Board, in accordance with any prescribed
requirements, before the start of those works; and
(ii) submit to the Board, in accordance with any
prescribed requirements, certifications for
completion of those works; and
(c) comply with any other requirements that may be
prescribed.
[11/2018]
(2) Any licensed plumber who fails to comply with subsection (1)
[11/2018]
Duties of professional engineers in relation to WSI design

works
40P.—(1) A professional engineer must, in respect of any WSI
design works that the professional engineer carries out —
(a) ensure that the carrying out of the WSI design works
complies with the requirements imposed by or under this
Act;
(b) for any prescribed WSI design works —
(i) notify the Board, in accordance with any prescribed
requirements, before the start of those works; and

(ii) submit to the Board, in accordance with any

prescribed requirements, certifications for
completion of those works; and
(c) comply with any other requirements that may be
prescribed.
[11/2018]
(2) Any professional engineer who fails to comply with

subsection (1) shall be guilty of an offence.
[11/2018]
Directions to licensed plumbers, professional engineers, etc.

40Q.—(1) Where the Board is of the opinion that —
(a) a licensed plumber has failed, or is likely to have failed, to
comply with a condition of his or her plumber’s licence in
carrying out any regulated works;
(b) a licensed plumber has contravened, or is likely to have
contravened, any requirement imposed by or under this Act
or the Sewerage and Drainage Act 1999, in relation to any
regulated works that the licensed plumber is responsible
for;
(c) a professional engineer has contravened, or is likely to
have contravened, any requirement imposed by or under
this Act, in relation to any WSI design works that the
professional engineer is responsible for;
(d) any water service installation does not conform to any
requirement set out in the regulations made under
section 72; or
(e) any sanitary works are not or were not carried out in
conformity with any requirement imposed by or under the
Sewerage and Drainage Act 1999,
the Board may give a direction, verbally or in writing, to any person
specified in subsection (2), and the person must comply with the
direction.
[11/2018]

(2) The persons specified for the purposes of subsection (1) are —
(a) for a direction under subsection (1)(a) or (b) —
(i) the licensed plumber mentioned in subsection (1)(a)
or (b); or
(ii) if the Board is of the opinion that the licensed
plumber mentioned in sub-paragraph (i) is incapable
of carrying out any requirement specified in the
Board’s direction, another licensed plumber;
(b) for a direction under subsection (1)(c) —
(i) the professional engineer mentioned in
subsection (1)(c); or
(ii) if the Board is of the opinion that the professional
engineer mentioned in sub-paragraph (i) is incapable
Board’s direction, another professional engineer;
(c) for a direction under subsection (1)(d) —
(i) the licensed plumber reasonably believed to have last
carried out, or directly supervised the carrying out of,
any limited WSI design works or WSI works on the
water service installation that resulted in its non-
conformity;
(ii) the professional engineer reasonably believed to
have last carried out any WSI design works on the
water service installation that resulted in its non-
conformity;
(iii) if the Board is of the opinion that the licensed
plumber or professional engineer mentioned in
sub-paragraph (i) or (ii) is incapable of carrying
out any requirement specified in the Board’s
direction, another licensed plumber or professional
engineer, as the case may be;
(iv) the owner or occupier of the premises where the
water service installation is situated; or

(v) the consumer who is supplied water through the

water service installation; and
(d) for a direction under subsection (1)(e) —
(i) the licensed plumber reasonably believed to have last
carried out, or directly supervised the carrying out of,
the non-conforming sanitary works;
(ii) if the Board is of the opinion that the licensed
plumber mentioned in sub-paragraph (i) is incapable
Board’s direction, another licensed plumber; or
(iii) the owner or occupier of the premises where the non-
conforming sanitary works are or were carried out.
[11/2018]
(3) A direction given under subsection (1) —

(a) may require the person specified in subsection (2) to do, or
to refrain from doing, such things as are specified in the
direction or are of a description as specified in the
direction;
(b) is to take effect at such time, being the earliest practicable
time, as is determined by or under that direction; and
(c) may be revoked at any time by the Board.
[11/2018]
(4) The Board is not liable for any cost or expense incurred by any
person specified in subsection (2) in complying with any direction
given by the Board under this section.
[11/2018]
(5) Where a licensed plumber or professional engineer receives a

direction from the Board under this section —
(a) the licensed plumber or professional engineer (as the case
may be) must notify the affected owner, occupier or
consumer specified in subsection (2)(c)(iv) or (v) or (d)(iii)
(as the case may be) of the direction; and
(b) the Board may disconnect or refuse to supply water
through the water service installation until such time that

the requirements of the Board specified in the direction
have been complied with.
[11/2018]
(6) Any person to whom a direction is given under this section who
fails to comply with the direction shall be guilty of an offence.
[11/2018]
(7) To avoid doubt, this section does not affect the application of
section 11(2) of the Sewerage and Drainage Act 1999.
[11/2018]
PART 4
SUPPLY OF PIPED WATER SUITABLE FOR DRINKING
[11/2018]
Supply of piped water suitable for drinking with approval of

Board
41.—(1) A person other than the Board must not supply piped
water suitable for drinking except with the written approval of the
Board.
[11/2018]

offence and shall be liable on conviction to a fine not exceeding
$50,000 or to imprisonment for a term not exceeding 5 years or to
both.
(3) Every written approval given by the Board must be in such form
and for such period and may contain such terms and conditions as the
(4) No written approval given by the Board is transferable without
the prior written consent of the Board.
(5) Any purported transfer of any written approval is void.
(6) If a person who has been given written approval contravenes
any of the terms and conditions of the approval or section 42, the
Board may require that person to show cause in writing why the
Board should not do any of the following:

(a) require that person to provide security in such form and of

such amount as the Board considers appropriate for
securing compliance with the terms and conditions of the
approval or section 42;
(b) impose on that person a financial penalty not exceeding
$50,000; or
(c) revoke the approval or suspend it for such period as the
Board considers appropriate.
(7) If the Board is not satisfied with any written representation or
explanation of the person required to show cause under
subsection (6), the Board may —
(a) require that person to provide security in such form and of
such amount as the Board considers appropriate for
securing compliance with the terms and conditions of the
approval or section 42;
(b) impose on that person a financial penalty not exceeding
$50,000; or
(c) revoke the approval or suspend it for such period as the
Board considers appropriate.
(8) The financial penalty imposed on a person under subsection (7)
and any interest payable under subsection (9) —
(a) must be collected, and may be sued for and recovered, by
the Board;
(b) are to be treated as a debt due to the Government for the
purposes of section 397 of the Insolvency, Restructuring
and Dissolution Act 2018 and section 10 of the
Government Proceedings Act 1956; and
(c) must be paid into the Consolidated Fund upon such
collection or recovery,
and the person’s liability to pay is not affected by the person’s written
approval under this section ceasing, for any reason, to be in force.
[11/2018; 40/2018]
(9) Where the financial penalty imposed on a person under

subsection (7) is not paid in full by the due date for payment

(called in this section the outstanding sum), the person concerned is
liable to pay interest at the prescribed rate on the outstanding sum.
[11/2018]
(10) The Board may recover, as a debt in a court of competent

jurisdiction, the outstanding sum and any interest payable under
subsection (9).
[11/2018]
(11) Any person who is aggrieved by a decision of the Board under

subsection (7) may, within 14 days of the receipt by the person of the
decision, appeal to the Minister whose decision is final.
(12) Any decision of the Board appealed against under
subsection (11) must be complied with until the determination of
the appeal, except that any security or financial penalty that is the
subject of the appeal need not be paid until the determination of the
appeal.
[11/2018]
(13) This section does not apply to the supply of piped water
suitable for drinking solely to the Board.
[11/2018]
Compliance with requirements by approved person, etc.

42.—(1) Every person given written approval under section 41
must —
(a) comply with the requirements imposed by or under this Act
relating to the supply of piped water suitable for drinking,
and any other written law relating to the provision of piped
water suitable for drinking;
(b) ensure that any installation, water installation and water
service installation used by the person for the supply of
piped water suitable for drinking conforms to the
requirements set out in the regulations made under
section 72;
(c) take all reasonable steps to safeguard the health and safety
of persons employed by the person in carrying out the
supply of piped water suitable for drinking;

(d) ensure that consumers of the piped water suitable for

drinking supplied by the person are protected against
dangers of contamination or pollution in the piped water
suitable for drinking;
(e) not do any act which renders the piped water suitable for
drinking supplied by the person injurious to the health of
the consumers; and
(f) in carrying out the supply of piped water suitable for
drinking, take all reasonable steps to safeguard the health
and interests of the consumers.
[11/2018]
(2) Where the Board considers that immediate action is necessary

due to any contravention or likely contravention of a requirement
under subsection (1) by an approved person that endangers the health
or safety of consumers, the Board may —
(a) immediately and without notice enter any premises and
carry out, or direct the immediate execution of, any work
or the doing of any act that is necessary to safeguard the
health or safety of consumers; and
(b) on completion of the work or act mentioned in
paragraph (a), recover from the approved person any
costs reasonably incurred by the Board in carrying out that
work or act.
[11/2018]
Suspension of approval
43.—(1) The Board may suspend any approval given under
section 41 for such period as it considers reasonable if it is of the
opinion that the suspension is in the public interest or in the interests
of public safety.
any person by such suspension.
Exclusion of liability for Board

44. Despite any written approval given by the Board under
section 41, the Board shall not be liable in any circumstances for

any loss, damage or cost sustained by any person as a result of any
default, negligence, breach or other wrongful act or omission of any
approved person or any agent or employee of the approved person.
PART 4A
CONTROL OF DESIGNATED ENTITIES, DESIGNATED
BUSINESS TRUSTS AND DESIGNATED TRUSTS
Division 1 — Preliminary
Interpretation of this Part
44A.—(1) In this Part, unless the context otherwise requires —
“5% controller”, in relation to a designated entity, designated
business trust or designated trust, means a person who, alone
or together with the person’s associates —
(a) holds 5% or more, but less than 12%, of the total
equity interests in; or
(b) is in a position to control 5% or more, but less than
12%, of the voting power in,
the designated entity, designated business trust or designated
trust, as the case may be;
(a) holds 12% or more, but less than 30%, of the total
equity interests in; or
(b) is in a position to control 12% or more, but less than
30%, of the voting power in,
(a) holds 30% or more of the total equity interests in; or

(b) is in a position to control 30% or more of the voting

power in,
“acquisition” includes an agreement to acquire, but does not
include —
(a) an acquisition by will or by operation of law; or
(b) an acquisition by way of enforcement of a security
for any loan or other debt;
“arrangement” includes any formal or informal scheme,
arrangement or understanding, and any trust whether
express or implied;
“business trust” has the meaning given by section 2 of the
Business Trusts Act 2004;
“control” includes control as a result of, or by means of, any
trust, agreement, arrangement, understanding or practice,
whether or not having legal or equitable force and whether or
not based on legal or equitable rights;
“corporation” has the meaning given by section 4(1) of the
Companies Act 1967;
“designated business trust” means a business trust that has been
designated under section 44D as a designated business trust;
“designated entity” means an entity that has been designated
under section 44D as a designated entity;
“designated trust” means a trust that has been designated under
section 44D as a designated trust;
“director” has the meaning given by section 4(1) of the
Companies Act 1967;
“entity” means any sole proprietorship, partnership, corporation
or other body of persons, whether corporate or unincorporate;

“equity interest” means —
(a) in relation to a corporation — a voting share in that
corporation;
(b) in relation to an entity other than a corporation — any
right or interest, whether legal or equitable, in that
entity (by whatever name called) which gives the
holder of that right or interest voting power in that
entity;
(c) in relation to a business trust — a unit in that business
trust; and
(d) in relation to a trust other than a business trust — any
right or interest, whether legal or equitable, in that
trust (by whatever name called) which gives the
holder of that right or interest voting power in that
trust;
“indirect controller”, in relation to a designated entity,
designated business trust or designated trust, means any
person, whether acting alone or together with any other
person, and whether with or without holding equity interests
or controlling the voting power in the designated entity,
designated business trust or designated trust, as the case may
be —
(a) whose directions, instructions or wishes the directors
or other officers of the designated entity, the trustee-
manager of the designated business trust, or the
trustee of the designated trust (as the case may be) is
accustomed or under an obligation, whether formal
or informal, to act in accordance with; or
(b) who is in a position to determine the policy of the
designated entity, designated business trust or
designated trust, as the case may be,
but does not include —
(c) any person who is a director or other officer of the
designated entity, the trustee-manager of the

designated business trust or the trustee of the

designated trust, as the case may be; or
(d) any person whose directions, instructions or wishes
the directors or other officers of the designated entity,
the trustee-manager of the designated business trust
or the trustee of the designated trust (as the case may
be) is accustomed to act in accordance with by reason
only that they act on advice given by the person in
that person’s professional capacity;
“limited liability partnership” has the meaning given by
section 2(1) of the Limited Liability Partnerships Act 2005;
“liquidator” includes the Official Receiver when acting as the
liquidator of a corporation;
“officer”, in relation to a corporation, includes —
(a) a director or secretary of, or a person employed in an
executive capacity by, the corporation;
(b) any receiver or manager, or any receiver and
manager, of any part of the undertaking of the
corporation, appointed under a power contained in
any instrument or by the General Division of the
High Court or by creditors;
(c) any liquidator of the corporation appointed in a
voluntary winding up or by the General Division of
the High Court or by creditors; and
(d) any judicial manager of the corporation appointed by
the General Division of the High Court under Part 7
of the Insolvency, Restructuring and Dissolution
Act 2018;
“Official Receiver” means the Official Receiver as defined in
section 2(1) of the Insolvency, Restructuring and Dissolution
Act 2018;
“related corporation”, in relation to a corporation, means another
corporation that is deemed under section 44C(2) to be related
to that corporation;

“share”, in relation to a corporation, means a share in the share
capital of the corporation and includes stock into which all or
any of the share capital of the corporation has been
converted;
“treasury share” has the meaning given by section 4(1) of the
Companies Act 1967;
“trustee-manager” has the meaning given by section 2 of the
Business Trusts Act 2004;
“unit” has the meaning given by section 2 of the Business Trusts
Act 2004;
“unitholder” means a person who holds units in a business trust;
“unregistered company” has the meaning given by section 245
of the Insolvency, Restructuring and Dissolution Act 2018;
“voting share” has the meaning given by section 4(1) of the
Companies Act 1967 but does not include a treasury share.
[13/2020]
(2) A reference in this Part to the control of a percentage of the

voting power in a designated entity, designated business trust or
designated trust is a reference to the control, whether direct or
indirect, of that percentage of the total number of votes that might be
cast in a general meeting of the designated entity, a general meeting of
the unitholders of the designated business trust, or a general meeting
of the beneficiaries of the designated trust, as the case may be.
[13/2020]
(3) In ascertaining a person’s control of the percentage of the total

number of votes that might be cast at a general meeting mentioned in
subsection (2), the number of votes that the person is entitled to cast at
the meeting by reason of having been appointed a proxy or
representative to vote at the meeting is to be disregarded.
[13/2020]
(4) In this Part —

(a) a reference to the business or undertaking of a designated
business trust means the business or undertaking carried on
by the trustee-manager of the designated business trust on
behalf of the designated business trust; and

(b) a reference to the business or undertaking of a designated

trust means the business or undertaking carried on by the
trustee of the designated trust on behalf of the designated
trust.
[13/2020]
What holding an equity interest means

44B.—(1) A person holds an equity interest under this Part if the
person —
(a) has or is deemed to have an equity interest in accordance
with subsections (2) to (8); or
(b) otherwise has a legal or equitable interest in that equity
interest,
except for any interest prescribed by regulations made under
section 72 as an interest that is to be disregarded.
[13/2020]
(2) Subject to subsection (3), a person has an equity interest if the

person has authority (whether formal or informal, or express or
implied) to dispose of, or to exercise control over the disposal of, that
equity interest.
[13/2020]
(3) It is immaterial that the authority of a person to dispose of, or to

exercise control over the disposal of, the equity interest mentioned in
subsection (2) is, or is capable of being made, subject to restraint or
restriction.
[13/2020]
(4) It is immaterial, for the purposes of determining whether a

person has an equity interest, that the interest cannot be related to a
particular share, an interest or a right that gives its holder voting
power, or a unit of a business trust, as the case may be.
[13/2020]
(5) A person is deemed to have an equity interest if —

(a) any property held in trust consists of or includes the equity
interest; and

(b) the person knows, or has reasonable grounds for believing,
that the person has an interest under that trust.
[13/2020]
(6) A person is also deemed to have an equity interest if that

person —
(a) has entered into a contract to purchase the equity interest;
(b) has a right, otherwise than by reason of having an interest
under a trust, to have the equity interest transferred to (or to
the order of) that person, whether the right is exercisable
presently or in the future and whether on the fulfilment of a
condition or not;
(c) has the right to acquire the equity interest under an option,
whether the right is exercisable presently or in the future
and whether on the fulfilment of a condition or not; or
(d) is entitled (otherwise than by reason of having been
appointed a proxy or representative to vote (as the case
may be) at a general meeting of the entity, a general
meeting of the unitholders of the designated business trust,
or a general meeting of the beneficiaries of the designated
trust in question) to exercise or control the exercise of a
right attached to the equity interest, not being an equity
interest in which that person has a legal or equitable
interest.
[13/2020]
(7) A person is not to be deemed as not having an equity interest by

reason only that the person has the equity interest jointly with another
person.
[13/2020]
(8) An equity interest is not to be disregarded by reason only of —

(a) its remoteness;
(b) the manner in which it arose; or
(c) the fact that the exercise of a right conferred by the equity
interest is, or is capable of being made, subject to restraint
or restriction.
[13/2020]

(9) Regulations made under section 72 may provide that any equity
interest is to be disregarded for the purposes of this section or any
subsection of this section.
[13/2020]
Meaning of “associate”
44C.—(1) In this Part, a person (A) is an associate of another
person (B) if —
(a) A is the spouse, or a parent, step-parent or remoter lineal
ancestor, or a son, stepson, daughter, stepdaughter or
remoter issue, or a brother or sister, of B;
(b) A is a partner of B in a partnership or limited liability
partnership;
(c) A is a corporation of which B is an officer;
(d) B is a corporation of which A is an officer;
(e) A and B are officers of the same corporation;
(f) A is an employee of B;
(g) B is an employee of A;
(h) A and B are employees of the same employer;
(i) A is the trustee of a discretionary trust where B (or another
person who is an associate of B by virtue of any paragraph,
except this paragraph and paragraphs (j) and (r)) benefits,
or is capable (whether by exercise of a power of
appointment or otherwise) of benefitting, under the trust,
either directly or through interposed entities or trusts;
(j) B is the trustee of a discretionary trust where A (or another
person who is an associate of A by virtue of any paragraph,
except this paragraph and paragraphs (i) and (r)) benefits,
or is capable (whether by exercise of a power of
appointment or otherwise) of benefitting, under the trust,
either directly or through interposed entities or trusts;
(k) A is a corporation whose directors are accustomed or under
an obligation, whether formal or informal, to act in

accordance with the directions, instructions or wishes of B
or, where B is a corporation, of the directors of B;
(l) B is a corporation whose directors are accustomed or under
an obligation, whether formal or informal, to act in
accordance with the directions, instructions or wishes of
A or, where A is a corporation, of the directors of A;
(m) A is a person who is accustomed or under an obligation,
whether formal or informal, to act in accordance with the
directions, instructions or wishes of B or, where B is a
corporation, of the directors of B;
(n) B is a person who is accustomed or under an obligation,
whether formal or informal, to act in accordance with the
directions, instructions or wishes of A or, where A is a
corporation, of the directors of A;
(o) A is a related corporation of B or B is a related corporation
of A;
(p) A is a corporation in which B, alone or together with other
associates of B as described in paragraphs (b) to (o), is in a
position to control at least 20% of the voting power in A;
(q) B is a corporation in which A, alone or together with other
associates of A as described in paragraphs (b) to (o), is in a
position to control at least 20% of the voting power in B;
(r) A is a person with whom B enters, or proposes to enter, into
an agreement or arrangement (whether oral or in writing
and whether express or implied) that relates to any of the
following matters:
(i) A and B being in a position, by acting together, to
control any of the voting power in a designated
entity, designated business trust or designated trust;
(ii) A and B acting together with respect to the
acquisition, holding or disposal of equity interests
or other interests in a designated entity, designated
business trust or designated trust;

(iii) the power of A and B, by acting together, to appoint

or remove a director of a designated entity, a director
of the trustee-manager of a designated business trust
or, where the trustee of a designated trust is a
corporation, a director of the trustee;
(iv) the situation where one or more of the directors of —
(A) a designated entity;
(B) the trustee-manager of a designated business
trust; or
(C) the trustee of a designated trust, where the
trustee is a corporation,
is or are accustomed or under an obligation (whether
formal or informal) to act in accordance with the
directions, instructions or wishes of A and B acting
together;
(s) A controls more than half of the voting power of a holding
company of B;
(t) B controls more than half of the voting power of a holding
company of A; or
(u) A is related to B in such other manner as may be prescribed
by regulations made under section 72.
[13/2020]
(2) A corporation (A) and another corporation (B) are deemed to be

related to each other for the purposes of this section where A is —
(a) the holding company of B;
(b) a subsidiary of B; or
(c) a subsidiary of the holding company of B.
[13/2020]
(3) For the purposes of this section, a corporation (A) is, subject to
subsection (5), deemed to be a subsidiary of another corporation (B)
if —
(a) B controls the composition of the board of directors of A;
(b) B controls more than half of the voting power of A; or

(c) A is a subsidiary of any corporation which is B’s subsidiary.
[13/2020]
(4) For the purposes of subsection (3), the composition of A’s board
of directors is deemed to be controlled by B if, by the exercise of some
power exercisable by B without the consent or concurrence of any
other person, B can appoint or remove all or a majority of the
directors, and for the purposes of this provision, B is deemed to have
power to make such an appointment if —
(a) a person cannot be appointed as a director without the
exercise in the person’s favour by B of such a power; or
(b) a person’s appointment as a director follows necessarily
from that person being a director or other officer of B.
[13/2020]
(5) In determining whether one corporation (A) is the subsidiary of

another corporation (B) —
(a) any shares held or power exercisable by B in a fiduciary
capacity is treated as not held or exercisable by B;
(b) subject to paragraphs (c) and (d), any shares held or power
exercisable —
(i) by any person as a nominee for B (except where B is
concerned only in a fiduciary capacity); or
(ii) by, or by a nominee for, a subsidiary of B, not being a
subsidiary which is concerned only in a fiduciary
capacity,
is to be treated as being held or exercisable by B;
(c) any shares held or power exercisable by any person by
virtue of the provisions of any debentures of A, or of a trust
deed for securing any issue of such debentures, is to be
disregarded; and
(d) any shares held or power exercisable by, or by a nominee
for, B or its subsidiary (not being held or exercisable as
mentioned in paragraph (c)) is to be treated as not held or
exercisable by B if the ordinary business of B or its
subsidiary (as the case may be) includes the lending of

money and the shares are so held or power is so exercisable

by way of security only for the purposes of a transaction
entered into in the ordinary course of that business.
[13/2020]
(6) A reference in this section to the holding company of a company

or other corporation is to be read as a reference to a corporation of
which the last mentioned company or corporation is a subsidiary.
[13/2020]
(7) For the purposes of this section, the Depository is not to be

regarded as a holding company of a corporation by reason only of the
shares it holds in that corporation as a bare trustee.
[13/2020]
(8) Regulations made under section 72 may provide that any person
or class of persons is not an associate of another person for the
purposes of any provision of this Part.
[13/2020]
(9) In this section —

“Depository” has the meaning given by section 81SF of the
Securities and Futures Act 2001;
“officer”, in relation to a corporation, means a director or
secretary of, or any person employed in an executive capacity
by, the corporation.
[13/2020]
Division 2 — Designation and controllers of designated

entities, designated business trusts and designated trusts
Designation of designated entity, designated business trust and
designated trust
44D.—(1) The Board may, after consultation with the Minister —
(a) designate as a designated entity any entity that has a
contract with the Board —
(i) to supply water to the Board; or
(ii) to collect, treat, recover or dispose of used water
(including sewage, waste matter and effluent);

(b) designate as a designated business trust a business trust that
is established wholly or partly in respect of —
(i) the supply of water to the Board; or
(ii) the collection, treatment, recovery or disposal of
used water (including sewage, waste matter and
effluent); and
(c) designate as a designated trust a trust that is established
wholly or partly in respect of —
(i) the supply of water to the Board; or
(ii) the collection, treatment, recovery or disposal of
used water (including sewage, waste matter and
effluent),
if the Board considers that such designation is necessary in the public
interest.
[13/2020]
(2) Any designation under subsection (1) must be notified in the

Gazette.
[13/2020]
Notice to Board by 5% controller

44E.—(1) If a person becomes, on or after 1 April 2020, a 5%
controller of a designated entity, designated business trust or
designated trust, that person must, within 7 days after becoming
the 5% controller, give written notice to the Board of that fact.
[13/2020]

offence.
[13/2020]
(3) In any proceedings for an offence in relation to a contravention

of subsection (1), it is a defence for the accused to prove that the
accused —
(a) was not aware of the contravention when it occurred; and
(b) notified the Board of the contravention within a period of
14 days after becoming aware of the contravention.
[13/2020]


of subsection (1), it is also a defence for the accused to prove that
even though the accused was aware of the contravention —
(a) the contravention occurred as a result of an increase in the
holding of equity interest, or in the voting power
controlled, by any of the associates of the accused, in the
designated entity, designated business trust or designated
(b) the accused has no agreement or arrangement (whether
oral or in writing and whether express or implied) with that
associate with respect to the acquisition, holding or
disposal of equity interests or other interests, or under
which they act together in exercising their voting power, in
relation to the designated entity, designated business trust
or designated trust, as the case may be; and
(c) the accused notified the Board of the contravention within
a period of 7 days after the contravention.
[13/2020]
(5) Except as provided in subsections (3) and (4), it is not a defence

in any proceedings for an offence in relation to a contravention of
subsection (1) to prove that the accused did not intend to or did not
knowingly contravene subsection (1).
[13/2020]
Approvals of Board in relation to equity interests and control

of voting power in certain cases
44F.—(1) Except with the prior written approval of the Board, a
person must not become, on or after 1 April 2020, a 12% controller or
30% controller of a designated entity, designated business trust or
designated trust.
[13/2020]
(2) Subsection (1) does not apply where the transaction through
which a person becomes a 12% controller or 30% controller is entered
into before 1 April 2020.
[13/2020]

(3) Except with the prior written approval of the Board, a person
must not become, on or after 1 April 2020, an indirect controller of a
designated entity, designated business trust or designated trust.
[13/2020]
(4) A person must not acquire, on or after 1 April 2020, as a going

concern the business or undertaking, or any part of the business or
undertaking, of a designated entity, a designated business trust or a
designated trust which relates to —
(a) the supply of water to the Board; or
(b) the collection, treatment, recovery or disposal of used
water (including sewage, waste matter and effluent),
unless the person, and the designated entity, the trustee-manager of
the designated business trust, or the trustee of the designated trust (as
the case may be) have obtained the prior written approval of the
Board.
[13/2020]
(5) On an application for approval under subsection (1) or (3), the

Board may approve the application if the Board is satisfied —
(a) that the person who is to become a 12% controller or 30%
controller or an indirect controller of a designated entity,
designated business trust or designated trust (as the case
may be) and every associate of that person, is a fit and
proper person;
(b) that having regard to the influence of —
(i) the person mentioned in paragraph (a); and
(ii) every associate of that person,
the designated entity, designated business trust or
designated trust (as the case may be) will continue to
conduct its business or undertaking prudently and continue
its business or undertaking of supplying water to the Board
or of collecting, treating, recovering or disposing of used
water (including sewage, waste matter and effluent); and
(c) that it is in the public interest to do so.
[13/2020]

(6) On an application for approval under subsection (4), the Board

may approve the application if the Board is satisfied —
(a) that the person acquiring the business or undertaking is a fit
and proper person;
(b) that the acquisition will not affect the security and
reliability of the supply of water in Singapore; and
(c) that it is in the public interest to do so.
[13/2020]
(7) An approval of the Board under this section may be granted

subject to any conditions that the Board considers appropriate to
impose.
[13/2020]
(8) Any condition imposed by the Board under subsection (7) has
effect despite the provisions of any other written law or anything
contained in the memorandum or articles of association, trust deed or
other constitution of the designated entity, designated business trust
or designated trust in relation to which the application for approval
under subsection (1), (3) or (4) is made.
[13/2020]
(9) Any person who is aggrieved by the Board’s refusal to grant an

approval required under subsection (1), (3) or (4) or by the imposition
of any condition under subsection (7) may within 14 days after being
informed of the refusal or the imposition of the condition (as the case
may be) appeal to the Minister whose decision is final.
[13/2020]
(10) Any person who contravenes subsection (1), (3) or (4) shall be
[13/2020]

of subsection (1), it is a defence for the accused to prove that —
(a) the accused was not aware of the contravention when it
occurred;
(b) the accused notified the Board of the contravention within
a period of 14 days after becoming aware of the
contravention; and

(c) where the Board issued any direction under section 44G
relating to the contravention and the holding of equity
interests or the control of voting power by the accused in
designated trust, as the case may be —
(i) the accused complied with the direction within the
period determined by the Board under that section; or
(ii) the period determined by the Board under that
section for the compliance of the direction has not
expired.
[13/2020]

of subsection (1), it is also a defence for the accused to prove that
even though the accused was aware of the contravention —
(a) the contravention occurred as a result of an increase in the
holding of equity interest, or in the voting power
controlled, by any of the associates of the accused, in the
(b) the accused has no agreement or arrangement (whether
oral or in writing and whether express or implied) with that
associate with respect to the acquisition, holding or
disposal of equity interests or other interests, or under
which they act together in exercising their voting power, in
relation to the designated entity, designated business trust
or designated trust, as the case may be;
(c) the accused notified the Board of the contravention within
a period of 7 days after the contravention; and
(d) where the Board issued any direction under section 44G
relating to the contravention and the holding of equity
interests or the control of voting power by the accused in
designated trust, as the case may be —


expired.
[13/2020]

of subsection (3), it is a defence for the accused to prove that —
(a) the accused was not aware of the contravention when it
occurred;
(b) the accused notified the Board of the contravention within
a period of 14 days after the contravention; and
(c) where the Board issued any direction under section 44G
relating to the contravention and the accused becoming an
indirect controller of the designated entity, designated
business trust or designated trust, as the case may be —
expired.
[13/2020]
(14) Except as provided in subsections (11), (12) and (13), it is not a

defence in any proceedings for an offence in relation to a
contravention of subsection (1) or (3) to prove that the accused did
not intend to or did not knowingly contravene subsection (1) or (3), as
the case may be.
[13/2020]
Remedial directions
44G.—(1) This section applies if the Board is satisfied that —
(a) the person mentioned in subsection (2), (3) or (4) has
contravened section 44F(1), (3) or (4), as the case may be;
(b) any condition of approval imposed on a person under
section 44F(7) has not been complied with;

(c) a person has provided false or misleading information or
documents in connection with an application for approval
under section 44F(1), (3) or (4), as the case may be;
(d) in the case of a person who had obtained the Board’s
approval under section 44F(5) —
(i) the person or any associate of the person is not, or has
ceased to be, a fit and proper person;
(ii) that having regard to the influence of the person or of
any associate of the person, the designated entity,
designated business trust or designated trust (as the
case may be) is not, or is no longer likely to continue
to conduct its business or undertaking prudently or is
not, or is no longer likely to continue its business or
undertaking of supplying water to the Board or of
collecting, treating, recovering or disposing of used
water (including sewage, waste matter and effluent);
or
(iii) it is not, or is no longer, in the public interest to allow
the person to continue to be a 12% controller, a 30%
controller or an indirect controller, as the case may
be;
(e) in the case of a person who had obtained the Board’s
approval under section 44F(6) —
(i) the person is not or has ceased to be a fit and proper
person; or
(ii) it is not, or is no longer, in the public interest to allow
the person to continue to own or manage the business
or undertaking or the part of the business or
undertaking that was acquired; or
(f) the Board would not have granted its approval to a person
under section 44F(5) or (6) (as the case may be) if the
Board had been aware, at the time, of circumstances
relevant to the person’s application for the approval.
[13/2020]

(2) Where the person mentioned in subsection (1) is a 12%

controller or 30% controller of a designated entity, designated
business trust or designated trust, the Board may do any one or more
of the following:
(a) direct the person to take such steps as are necessary, within
the period specified by the Board, to cease to be a 12%
controller or 30% controller (as the case may be) of the
(b) direct the transfer or disposal of all or any of the equity
interest in the designated entity, designated business trust
or designated trust (as the case may be) held by the person
or any of the person’s associates (called in this section and
section 44H the specified equity interest), within such time
and subject to such conditions as the Board considers
appropriate;
(c) direct that the transfer or disposal of all or any of the
specified equity interest be restricted, subject to any
conditions that the Board considers appropriate;
(d) make any other direction that the Board considers
appropriate.
[13/2020]
(3) Where the person mentioned in subsection (1) is an indirect

controller of a designated entity, designated business trust or
designated trust, the Board may do one or both of the following:
(a) direct the person, or direct the designated entity, the
trustee-manager of the designated business trust or the
trustee of the designated trust (as the case may be) to take
such steps as are necessary, within the period specified by
the Board, to cease to be such an indirect controller or to
cause the person to cease to be such an indirect controller,
as the case may be;
(b) make any other direction that the Board considers
appropriate.
[13/2020]

(4) Where the person mentioned in subsection (1) has acquired as a
going concern a business or an undertaking mentioned in
section 44F(4), the Board may do one or both of the following:
(a) direct the person to transfer or dispose of all or any part of
the business or undertaking within such time and subject to
any conditions that the Board considers appropriate;
(b) make any other direction that the Board considers
appropriate.
[13/2020]
(5) Before issuing any direction to a person under subsection (2),

(3) or (4), the Board must —
(a) unless the Board decides that it is not practicable or
desirable to do so, give the person written notice of the
Board’s intention to issue the direction and specify a date
by which the person may make written representations
with regard to the direction; and
(b) consider every written representation from the person
received on or before the specified date mentioned in
paragraph (a).
[13/2020]
(6) The Board may, at any time, revoke, vary or discharge any
direction under subsection (2), (3) or (4) or suspend the operation of
any such direction.
[13/2020]
(7) Any person who is aggrieved by the Board’s decision to issue a

direction under subsection (2), (3) or (4) or to vary a direction under
subsection (6) may, within 14 days after being informed of the
decision, appeal to the Minister whose decision is final.
[13/2020]
(8) Despite the fact that any appeal under subsection (7) is pending,
any direction issued by the Board under subsection (2), (3) or (4) and
any variation of a direction under subsection (6) take effect from the
date specified by the Board, unless the Minister otherwise directs.
[13/2020]
(9) Any person who fails to comply with a direction issued by the
Board under subsection (2), (3) or (4) (including a direction that is

varied under subsection (6)) within the period specified by the Board
[13/2020]
Effect of remedial directions, etc.

44H.—(1) Any direction issued to a person, and any condition
imposed, under section 44G(2), (3) or (4) take effect, despite —
(a) the Business Trusts Act 2004, the Companies Act 1967 and
the Limited Liability Partnerships Act 2005;
(b) anything in any listing rules as defined in section 2(1) of
the Securities and Futures Act 2001; and
(c) the provisions of the memorandum or articles of
association, trust deed or other constitution of the
trust in question.
[13/2020]
(2) Without affecting subsection (1), where any direction is issued

under section 44G(2) or (3), then, until the direction is carried out or
is discharged, suspended or revoked —
(a) the voting rights in respect of the specified equity interest
that is subject to the direction are not exercisable unless the
Board expressly permits those rights to be exercised;
(b) the voting power that the person to whom the direction is
issued controls, whether alone or together with that
person’s associates, in the designated entity, designated
business trust or designated trust (as the case may be) is not
exercisable unless the Board expressly permits that power
to be exercised;
(c) no equity interest in the designated entity, designated
business trust, or designated trust is to be issued or offered
(whether by way of dividends or otherwise) in respect of
the specified equity interest that is subject to the direction,
unless the Board expressly permits that issue or offer; and
(d) no amount may be paid (whether by way of profits, income
or otherwise) in respect of the specified equity interest that

is subject to the direction, unless the Board expressly
authorises that payment.
[13/2020]
(3) Subsection (2)(d) does not apply in the event of a winding up,
dissolution or termination of the designated entity, designated
business trust or designated trust, as the case may be.
[13/2020]
Restrictions on voluntary winding up, etc.

44I.—(1) Despite any other written law —
(a) a designated entity that is a corporation or a limited
liability partnership cannot be wound up voluntarily
without the consent of the Board;
(b) a designated entity that is a partnership cannot be
dissolved —
(i) by a partner giving notice to the other partner or other
partners (as the case may be) of the partner’s
intention to dissolve the partnership; or
(ii) by the partners agreeing to dissolve the partnership,
(c) a designated business trust cannot be wound up voluntarily
(d) a designated trust cannot be wound up or terminated
voluntarily without the consent of the Board;
(e) a person must not make any application under section 210
of the Companies Act 1967 or section 71 of the Insolvency,
Restructuring and Dissolution Act 2018 in relation to a
designated entity that is a corporation, unless that person
has served 14 days’ notice in writing of that person’s
intention to make that application on the Board;
(f) no judicial management order under Part 7 of the
Insolvency, Restructuring and Dissolution Act 2018 may
be made in relation to a designated entity that is a
corporation without the consent of the Board;

(g) no interim judicial manager or judicial manager may be

appointed under section 94 of the Insolvency,
Restructuring and Dissolution Act 2018 in respect of a
designated entity that is a corporation without the consent
of the Board;
(h) a person must not take any step to enforce any security over
a designated entity, the trust property of a designated
business trust or the trust property of a designated trust,
unless that person has served 14 days’ notice in writing of
that person’s intention to take that step on the Board; and
(i) a person must not take any step to enforce any judgment or
order of court obtained against a designated entity,
designated business trust or designated trust, unless that
person has served 14 days’ notice in writing of that
person’s intention to take that step on the Board.
[13/2020]
[Act 25 of 2021 wef 01/04/2022]
(2) The Board must be a party to —

(a) any proceedings relating to the making of an order under
section 210 of the Companies Act 1967 or section 71 of the
Insolvency, Restructuring and Dissolution Act 2018 in
relation to a designated entity that is a corporation;
(b) any proceedings relating to the making of a judicial
management order under the Insolvency, Restructuring and
Dissolution Act 2018 in relation to a designated entity that
is a corporation;
(c) any proceedings under the Insolvency, Restructuring and
Dissolution Act 2018 relating to the winding up of the
affairs of a designated entity that is a company or an
unregistered company;
(d) any proceedings under the Limited Liability Partnerships
Act 2005 relating to the winding up of the affairs of a
designated entity that is a limited liability partnership; and
(e) any proceedings before any court for the dissolution,
winding up or termination (as the case may be) of any

designated entity not mentioned in paragraph (c) or (d), or
of any designated business trust or designated trust.
[13/2020]
(3) A court must, when deciding any proceedings mentioned in

subsection (2), take into consideration any representations made by
the Board in those proceedings.
[13/2020]
Penalties under this Division

44J. A person guilty of an offence under this Division shall be
liable on conviction —
(a) in the case of an individual, to a fine not exceeding
$500,000 or to imprisonment for a term not exceeding
3 years or to both and, in the case of a continuing offence,
to a further fine not exceeding $50,000 for every day or
part of a day during which the offence continues after
conviction; or
(b) in any other case, to a fine not exceeding $1 million and, in
the case of a continuing offence, to a further fine not
exceeding $100,000 for every day or part of a day during
[13/2020]
Division 3 — Special administration order

Meaning and effect of special administration order
44K.—(1) A special administration order is an order of the
Minister, made in accordance with section 44L in relation to a
designated entity, designated business trust or designated trust,
directing that, during the period for which the order is in force, the
affairs, business and property of that designated entity, designated
business trust or designated trust (as the case may be) is to be
managed by a person appointed by the Minister (which may include
the Board) —
(a) for securing one or more of the purposes of such order set
out in subsection (2); and

(b) in a manner which protects the respective interests of the

shareholders, unitholders or beneficiaries (as the case may
be) and the creditors of, the designated entity, designated
business trust or designated trust, as the case may be.
[13/2020]
(2) The purposes mentioned in subsection (1)(a) are the following:

(a) the security and reliability of the supply of water in
Singapore;
(b) the survival of the designated entity, designated business
trust or designated trust (as the case may be), or the whole
or any part of its business or undertaking, as a going
concern;
(c) the transfer to another person, or (as respects different parts
of its business or undertaking) to 2 or more different
persons, as a going concern, of so much of the business or
undertaking of a designated entity, designated business
trust or designated trust as it is necessary to transfer in
order to ensure that the obligations of the designated entity,
the trustee-manager of the designated business trust or the
trustee of the designated trust (as the case may be) under or
in respect of any contract with the Board —
(including sewage, waste matter and effluent),
may be properly carried out;
(d) the carrying out of the obligations of the designated entity,
the trustee-manager of the designated business trust or the
trustee of the designated trust (as the case may be) under or
in respect of any contract with the Board —
(including sewage, waste matter and effluent),
pending the making of the transfer, as a going concern, of
the business or undertaking of the designated entity,

designated business trust or designated trust to any other
person or persons.
[13/2020]
(3) The Minister may make regulations under section 72 for giving
effect to this Division, including —
(a) regulations governing the transfer of a business or an
undertaking of a designated entity, designated business
trust or designated trust referred to in subsection (2)(c); and
(b) where a special administration order is made, regulations
for applying, omitting or modifying the provisions of
Part 7 of the Insolvency, Restructuring and Dissolution
Act 2018.
[13/2020]
Power to make special administration order, etc.

44L.—(1) If, on an application made to the Minister by the Board in
relation to a designated entity, designated business trust or designated
trust, the Minister is satisfied that any one or more of the grounds
specified in subsection (2) are satisfied in relation to that designated
entity, designated business trust or designated trust (as the case may
be), the Minister may make any one or more of the following orders:
(a) a special administration order in relation to that designated
entity, designated business trust or designated trust, as the
case may be;
(b) an order requiring the designated entity, the trustee-
manager of the designated business trust or the trustee of
the designated trust (as the case may be) immediately to
take any action or to do or not to do any act or thing in
relation to the business or undertaking of the designated
entity, the designated business trust or the designated trust
as the Minister may consider necessary;
(c) an order appointing a person to advise that designated
entity, the trustee-manager of the designated business trust
or the trustee of the designated trust (as the case may be) in
the proper conduct of the business or undertaking of the

designated entity, the designated business trust or the

designated trust.
[13/2020]
(2) The grounds mentioned in subsection (1) are the following:

(a) the designated entity, the trustee-manager of the designated
business trust or the trustee of the designated trust (as the
case may be) is or is likely to be unable to pay its debts;
(b) the occurrence of a public emergency;
(c) the Minister considers it in the interest of the security and
reliability of the supply of water in Singapore;
(d) the Minister considers it to be in the public interest.
[13/2020]
(3) The Minister may make a special administration order in

relation to a designated entity, designated business trust or designated
trust, despite the commencement of (if applicable) —
(a) any proceedings relating to the making of an order under
section 210 of the Companies Act 1967 or section 71 of the
relation to a designated entity that is a corporation;
(b) any proceedings relating to the making of a judicial
management order under the Insolvency, Restructuring and
Dissolution Act 2018 in relation to a designated entity that
is a corporation;
(c) any meeting convened under section 94(7) of the
respect of a designated entity that is a corporation;
(d) any proceedings under the Insolvency, Restructuring and
Dissolution Act 2018 relating to the winding up of the
affairs of a designated entity that is a company or an
unregistered company;
(e) any proceedings under the Limited Liability Partnerships
Act 2005 relating to the winding up of the affairs of a
designated entity that is a limited liability partnership; or

(f) any proceedings before any court for the dissolution,
winding up or termination (as the case may be) of any
designated entity not mentioned in paragraph (d) or (e), or
of any designated business trust or designated trust.
[13/2020]
(4) Notice of any application under subsection (1) must be given

immediately by the Board to such persons and in such manner as may
be determined by the Board.
[13/2020]
(5) Any order made by the Minister under subsection (1) must be
published in such manner as will secure adequate publicity.
[13/2020]
(6) Any decision of the Minister under subsection (1) is final.

[13/2020]
(7) For the purposes of this section —

(a) a designated entity that is a company is unable to pay its
debts if it is deemed to be unable to pay its debts under
section 125(2) of the Insolvency, Restructuring and
Dissolution Act 2018;
(b) a designated entity that is an unregistered company is
unable to pay its debts if it is deemed to be unable to pay its
debts under section 246(2) of the Insolvency, Restructuring
and Dissolution Act 2018; and
(c) a designated entity that is a limited liability partnership is
unable to pay its debts if it is deemed to be unable to pay its
debts under paragraph 3(2) of the Fifth Schedule to the
Limited Liability Partnerships Act 2005.
[13/2020]
(8) The Minister may at any time (whether or not the appointment
of the person has terminated) fix the remuneration and expenses to be
paid by the designated entity, the trustee-manager of the designated
business trust or the trustee of the designated trust (as the case may
be) to any person appointed by the Minister under subsection (1)(c) to
advise the designated entity, the trustee-manager of the designated
business trust or the trustee of the designated trust (as the case may
be) in the proper conduct of its business or undertaking.
[13/2020]

(9) Where —
(a) the Minister issues an order under subsection (1) to a
designated entity, the trustee-manager of a designated
business trust or the trustee of a designated trust; and
(b) the designated entity, the trustee-manager of the designated
business trust or the trustee of the designated trust (as the
case may be) fails to comply with that order,
the designated entity, the trustee-manager of the designated business
trust or the trustee of the designated trust (as the case may be) shall be
[13/2020]
Transfer of property, etc., under special administration order

44M.—(1) Without limiting sections 44K and 44L, a special
administration order may provide for the following matters:
(a) the transfer of —
(i) the property, rights and liabilities of a designated
entity;
(ii) the trust property of the designated business trust,
and the rights held and the liabilities incurred by the
trustee-manager of the designated business trust in
its capacity as trustee-manager of the designated
business trust; or
(iii) the trust property of the designated trust, and the
rights held and the liabilities incurred by the trustee
of the designated trust in the person’s capacity as
trustee of the designated trust,
as the case may be, to one or more prescribed transferees;
(b) matters that are consequential or related to any such
transfer.
[13/2020]
(2) If the Minister makes a special administration order providing

for any matter mentioned in subsection (1), the Minister must, within
the time specified in subsection (4), by notification in the Gazette,

establish a scheme for determining the amount of any compensation
payable by the prescribed transferee to the designated entity, the
trustee-manager of the designated business trust or the trustee of the
designated trust (as the case may be) for the transfer of the property,
rights and liabilities.
[13/2020]
(3) A scheme established under subsection (2) may provide for —

(a) the manner in which any compensation or consideration is
to be assessed, including methods of calculation, valuation
dates and matters to be taken into account or disregarded
when making valuations;
(b) the assessment to be made by an independent valuer
appointed by the Minister; and
(c) the remuneration and expenses of the independent valuer.
[13/2020]
(4) Subject to subsection (5), the time specified for the purposes of
subsection (2) is within 6 months after the making of the special
administration order mentioned in subsection (2).
[13/2020]
(5) The time specified in subsection (4) may be extended by

agreement of the prescribed transferee and the designated entity, the
trustee-manager of the designated business trust or the trustee of the
designated trust (as the case may be) to which the scheme established
under subsection (2) relates.
[13/2020]
(6) In this section, “prescribed transferee” means —

(a) the Board; or
(b) a person nominated by the Board.
[13/2020]

PART 5
OFFENCES
Maintenance of water service installation
45.—(1) Any person responsible for the maintenance of any water
service installation must ensure that the water service installation is
properly maintained, kept in a fit and safe condition, and free from
any defect.
(2) Any person responsible for the maintenance of any water
service installation in any residential, commercial or industrial
premises having any storage tank must, whenever the Board so
requires, engage a professional engineer to inspect and certify that —
(a) the water service installation is fit and safe to use;
(b) the water service installation is properly maintained and
there is no contamination or pollution or likelihood of any
contamination or pollution to the water in the water service
installation; and
(c) there is no leakage and no likelihood of leakage in the
water service installation.
[9/2012; 11/2018; 13/2020]
(3) Every professional engineer engaged under subsection (2) must

ensure that the requirements set out in that subsection are complied
with.
(4) If any of the requirements set out in subsection (2) is not
complied with, the professional engineer must immediately notify —
(a) the person responsible for the maintenance of the water
service installation; and
(b) the Board,
of the non-compliance and the remedial measures that have to be
taken by that person.
(5) Upon notification by the professional engineer, the person
mentioned in subsection (4)(a) must immediately take the remedial
measures.

(6) The professional engineer must issue a certificate of inspection
and fitness to the person responsible for the maintenance of the water
service installation if the professional engineer is satisfied that the
water service installation complies with all the requirements set out in
subsection (2).
(7) Any person who contravenes any of the provisions of this
section shall be guilty of an offence.
(8) Regulations made under section 72 may specify —
(a) the persons responsible for the matters mentioned in
subsections (1) and (2); and
(b) additional responsibilities of any person responsible in
relation to a water service installation, or any part of the
water service installation.
[11/2018]
Security of water service installation having certain storage

tank
45A.—(1) A person responsible for the security of a water service
installation having a storage tank from which piped water suitable for
drinking (excluding NEWater) is drawn must ensure that —
(a) the storage tank (including any tap fitted to the storage
tank) and its appurtenances; and
(b) the premises where the storage tank and its appurtenances
are located,
are secured against unauthorised access and tampering.
[13/2020]
(2) Subject to subsection (3), a person (A) responsible for the

security of a water service installation having a storage tank from
which piped water suitable for drinking (excluding NEWater) is
drawn must ensure that —
(a) no person, except with A’s authority, has access to —
(i) the storage tank (including any tap fitted to the
storage tank) and its appurtenances; or

(ii) the premises where the storage tank and its

appurtenances are located;
(b) the storage tank (including any tap fitted to the storage
tank) and its appurtenances, and the premises where the
storage tank and its appurtenances are located, are kept
properly locked at all times;
(c) checks are conducted regularly for the purpose of
ascertaining whether paragraph (b) is being complied with;
(d) proper records are kept of —
(i) persons granted access to the storage tank (including
any tap fitted to the storage tank) and its
appurtenances, or the premises where the storage
tank and its appurtenances are located; and
(ii) checks conducted under paragraph (c),
and that those records are made available for inspection by
an authorised officer; and
(e) the Board is notified without delay of any unauthorised
access to the storage tank (including any tap fitted to the
storage tank) or its appurtenances which comes to A’s
knowledge.
[13/2020]
(3) Subsection (2) does not apply to a person responsible for the
security of a water service installation having any storage tank in
residential premises which do not take their water supply through a
master meter.
[13/2020]
(4) A person must not, except with the express permission of the
person responsible for the security of a water service installation
having a storage tank from which piped water suitable for drinking
(excluding NEWater) is drawn —
(a) enter the premises where the storage tank and its
appurtenances are located; or
(b) open or operate the storage tank or its appurtenances.
[13/2020]

(5) Any person who, without reasonable excuse, contravenes
subsection (1), (2) or (4) 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 12 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.
[13/2020]
(6) In this section —

“appurtenances”, in relation to a storage tank, means any
equipment attached or linked to the storage tank that is
necessary to ensure the proper functioning of the storage
tank;
“NEWater” means NEWater supplied through the water
reticulation system of the Board to persons who have
entered into an agreement with the Board for the supply of
NEWater.
[13/2020]
(7) Regulations made under section 72 may specify the person or

persons responsible for the security of a water service installation
having a storage tank.
[13/2020]
Duties of person laying pipes

46.—(1) Any person who lays any pipe in the vicinity of another
pipe must, if one of the pipes is or is to be used to convey water
suitable for drinking and the other pipe is or is to be used to convey
water for any other purpose, or any other substance or thing, clearly
mark the pipes so that they can be distinguished from each other.
[11/2018]
(2) A person who lays, repairs, modifies or replaces any pipe in the
vicinity of another pipe must, if one of the pipes is or is to be used to
convey water suitable for drinking and the other pipe is or is to be
used to convey water for any other purpose, or to convey any other
substance or thing, ensure that the pipes do not become connected or
cross-connected to each other.
[11/2018]

(3) Any person who contravenes subsection (1) or (2) shall be

Damage to property of Board

47.—(1) Any person who, whether wilfully or otherwise —
(a) removes, destroys or damages any property belonging to or
under the management or control of the Board; or
(b) hinders or prevents the property from being used or
operated in the manner in which it is intended to be used or
operated,
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 years or to both.
[9/2012]
(2) In any proceedings for an offence under subsection (1), it is a

defence for the person charged under that subsection 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 any person who may be liable by virtue of section 56A.
[9/2012]
(3) If it appears to the Board that there has been a contravention of

subsection (1), the Board may, by written notice, require any person
who has done any of the acts referred to in that subsection or any
other person who may be liable under that subsection by virtue of
section 56A (called in this section the person in default) to carry out
such works as may be necessary to restore the property to its original
condition, or to replace it, within the time specified in the notice.
[9/2012]
(4) If the Board is of the opinion that immediate action is necessary

or expedient or that the property cannot be restored by the person in
default, the Board may, instead of issuing the notice under
subsection (3) —
(a) carry out such works as are necessary to restore the
property to its original condition, or replace the property;
and

(b) recover in a court of competent jurisdiction as a debt due to
it all expenses reasonably incurred in doing so from the
person in default.
[9/2012]
(5) If the person to whom a notice is given under subsection (3) fails
to comply with the notice within the time specified, the Board may
carry out the works specified in the notice in such manner as it thinks
fit and recover in a court of competent jurisdiction as a debt due to it
all expenses reasonably incurred in doing so from the person in
default.
[9/2012]
(6) Without affecting the Board’s right to exercise its powers under
subsection (5), any person who, without reasonable excuse, fails to
comply with a notice given to the person under subsection (3) shall be
[9/2012]
Damage to water mains and installations, etc.

47A.—(1) Any person who, whether wilfully or otherwise,
removes, destroys or damages or causes or permits to be removed,
destroyed or damaged, any water main or connecting pipe belonging
to or under the management or control of the Board shall be guilty of
an offence and shall be liable on conviction —
(a) to a fine not exceeding $40,000 or to imprisonment for a
term not exceeding 3 months or to both; or
(b) if the water main or connecting pipe is 300 mm or more in
diameter, to a fine not exceeding $200,000 or to
imprisonment for a term not exceeding 3 years or to both.
[9/2012; 11/2018]
(2) Any person who, whether wilfully or otherwise, removes,

destroys or damages or causes or permits to be removed, destroyed or
damaged any part of —
(a) an installation or water installation which supplies water to
the Board; or
(b) an installation or water installation belonging to or under
the management or control of the Board,

and thereby interferes with the production or supply of water by that

installation or water installation, shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $200,000 or to
imprisonment for a term not exceeding 3 years or to both.
[9/2012]
(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 any person who may be liable by virtue of
section 56A.
[9/2012]
(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 done any of the acts referred to in subsection (1) or
(2) or any other person who may be liable under either of those
subsections by virtue of section 56A (called in this section the person
in default) to carry out such works as may be necessary to restore the
water main, connecting pipe, installation or water installation to its
original condition, or to replace it, within the time specified in the
notice.
[9/2012; 11/2018]
(5) If the Board is of the opinion that immediate action is necessary

or expedient or that the water main, connecting pipe, installation or
water installation cannot be restored by the person in default, the
Board may, instead of issuing the notice under subsection (4) —
(a) carry out such works as are necessary to restore the water
main, connecting pipe, installation or water installation to
its original condition, or replace it; and
(b) recover in a court of competent jurisdiction as a debt due to
it all expenses reasonably incurred in doing so from the
person in default.
[9/2012; 11/2018]
(6) If the person to whom a notice is given under subsection (4) fails
to comply with the notice within the time specified, the Board may
carry out the works specified in the notice in such manner as it thinks
fit and recover in a court of competent jurisdiction as a debt due to it

all expenses reasonably incurred in doing so from the person in
default.
[9/2012]
(7) Without affecting the Board’s right to exercise its powers under
subsection (6), any person who, without reasonable excuse, fails to
comply with a notice given to the person under subsection (4) shall be
[9/2012]
(8) In this section, a reference to a “water main” or “connecting

pipe” includes, for a water main or connecting pipe situated beneath
the seabed, any protective armour or casing surrounding the water
main or connecting pipe.
[11/2018]
Compensation for damaging property of Board

48.—(1) Any person who removes, destroys or damages, whether
wilfully or otherwise, any property belonging to the Board or hinders
or prevents the property from being used or operated in the manner in
which it is intended to be used or operated must, in addition to any
penalty for which the person is liable for an offence under this Act, be
liable to pay compensation for the damage the person has done and
the compensation is recoverable by civil action before any court of
competent jurisdiction.
(2) Any court before which a person is charged with an offence
under this Act may assess the compensation payable under this
section and may make an order for payment of the same.
(3) Any order made under subsection (2) may be enforced as if it
were a judgment in a civil action.
Falsely pretending to be employee of Board

49. Any person who seeks to obtain entry to any premises by falsely
pretending to be an employee of the Board shall be guilty of an
offence.

Unauthorised connection with main, contamination, wastage,

etc.
50.—(1) Any person who —
(a) lays or causes to be laid any pipe or line to communicate
with any main, pipe, standpipe, hydrant or line belonging
to or under the management or control of the Board
(b) wastes any water;
(c) causes contamination to water supplied by the Board; or
(d) whether wilfully or otherwise, does any act which
interferes with or disrupts the supply of the water of the
Board,
3 years 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.
[9/2012]

(a) dishonestly or fraudulently abstracts, uses or consumes, or
dishonestly or fraudulently diverts or causes to be diverted,
any water supplied by the Board;
(b) without the written consent of the Board, supplies for
consideration any other person with any water supplied to
the firstmentioned person for any purpose by the Board;
(c) without the consent of the Board, interferes with, interrupts
or obstructs the operation of any meter supplied by the
Board; or
(d) alters or tampers with any meter supplied by the Board,
3 years or to both and, in the case of a continuing offence, to a further

fine not exceeding $2,500 for every day or part of a day during which
the offence continues after conviction.
[13/2020]
(3) Where a person is prosecuted for an offence under

subsection (2)(c) in respect of an AMI meter, the installation,
placement or erection by the person of any device, structure or object
that is designed or is capable of being used to interfere with, interrupt
or obstruct the electromagnetic function of an AMI meter, when the
AMI meter is in the custody or under the control of the person, is
prima facie evidence that the person has interfered with, interrupted
or obstructed the operation of the AMI meter.
[13/2020]
(4) Where any person is prosecuted for an offence under

subsection (2)(d) —
(a) the possession by the person of any device for altering the
index of any meter or for preventing any meter from duly
registering the quantity of water supplied by the Board;
(b) the existence of any hole on the meter cover of any meter
supplied by the Board; or
(c) the existence of any damage to the seal of any meter,
when the meter is in the custody or under the control of the person, is
prima facie evidence that the person has altered or tampered with the
meter.
(5) Without limiting subsection (4), where a person is prosecuted
for an offence under subsection (2)(d) in respect of an AMI meter —
(a) the existence of a cut in the wires leading to or within the
AMI meter;
(b) the disconnection of wires leading to or within the AMI
meter that were connected at the time the AMI meter was
supplied;
(c) the existence of a hole in the body of an AMI meter which
did not exist at the time that the AMI meter was supplied;
or

(d) the removal, modification or displacement of, or damage

to, any seal, screw, component or mechanism of the AMI
meter,
when the AMI meter is in the custody or under the control of the
person, is also prima facie evidence that the person has altered or
tampered with the meter.
[13/2020]
(6) In any proceedings for an offence under subsection (1) or (2)(b)

or (d), it is a defence for the person charged under any of those
provisions (but not by virtue of section 56A) to prove that the person
took all reasonable precautions and exercised all due diligence to
avoid the commission of the offence.
[9/2012]
Penalty for obstructing Board in its duty

51. Any person who —
(a) hinders or obstructs the Board, any employee, agent or
contractor of the Board, any authorised officer or other
person authorised by the Board in the performance or
execution of its, his or her duty, or of anything which it, he
or she is empowered or required to do, under this Act; or
(b) interferes with any work authorised to be done under this
Act,
[9/2012]
Making of false statements, etc.

52.—(1) Any person who, when giving any information to the
Board or making any application under or for the purposes of any
provision of this Act, makes any statement which the person knows to
be false in a material particular, or who recklessly makes any
statement which is false in a material particular, shall be guilty of an
offence.
(a) wilfully or fraudulently procures or attempts to procure for
himself, herself or itself or for any other person any licence

or approval under this Act by making or producing or
causing to be made or produced any false or fraudulent
representation or declaration either verbally or in writing;
or
(b) knowingly aids or assists therein,
Certificate of Chief Executive to be evidence of certain facts

53. In any proceedings for an offence under this Act, a certificate
purporting to be signed by the Chief Executive and stating that any
person described in the certificate is or is not granted a licence or
approval under this Act, is sufficient evidence of the matters stated in
the certificate.
Jurisdiction of court
54. Despite any provision to the contrary in the Criminal Procedure
Code 2010, a District Court and a Magistrate’s Court have
jurisdiction to try any offence under this Act and have power to
impose the full penalty or punishment in respect of any offence under
this Act.
Police officer, authorised officer or authorised person may

require evidence of identity in certain cases
55.—(1) Any police officer, authorised officer or such other person
as may be authorised by the Board for the purposes of this section
(called in this section an authorised person) who reasonably believes
that any person has committed an offence under this Act may require
that person to furnish evidence of his or her identity and the person
must thereupon furnish such evidence of his or her identity as may be
required by the police officer, authorised officer or authorised person,
as the case may be.
[9/2012]
(2) The occupier of any premises must, if required by any police

officer, authorised officer or authorised person, furnish the occupier’s
name and the name and address of the owner of the premises, if
known.
[9/2012]


(a) refuses to furnish any information required of the person
by any police officer, authorised officer or authorised
person under this section; or
(b) wilfully misstates such information,
not exceeding $5,000.
[9/2012]
Power to examine and secure attendance

55A.—(1) An authorised officer may do all or any of the following:
(a) issue a written order requiring anyone within the limits of
Singapore, who appears to be acquainted with any of the
facts and circumstances of matters under this Act, to attend
before him or her, and that person must attend as required;
(b) examine orally any person who appears to be acquainted
with the facts and circumstances of matters under this
Act —
(i) whether before or after that person or anyone else is
charged with an offence in connection with the
matter; and
(ii) whether or not that person is to be called as a witness
in any inquiry, trial, or other proceeding in
connection with the matter;
(c) require any person to furnish any information or produce
any document in the possession of that person in
connection with the matter, and may, without payment,
inspect, keep, copy or make extracts from that document.
[9/2012]
(2) Any person examined under this section is bound to state truly
what the person knows of the facts and circumstances concerning
matters under this Act, except that the person need not say anything
that might expose the person to a criminal charge, penalty or
forfeiture.
[9/2012]

(3) A statement made by any person examined under this section
must —
(a) be reduced to writing;
(b) be read over to the person;
(c) if the person does not understand English, be interpreted
for him or her in a language that the person understands;
and
(d) after correction, if necessary, be signed by the person.
(4) If any person fails to attend as required by an order under
subsection (1), the Board may report the failure to a Magistrate who
may then issue a warrant ordering the person to attend.
[9/2012]
Power to enter and investigate

55B.—(1) An authorised officer may, at any time without notice,
enter any premises or board any vessel in any reservoir or waterway,
and do all or any of the following for the specified purposes:
(a) search the premises or vessel and take possession of
anything found in the premises or vessel;
(b) require the production of, and take and retain extracts from
or copies of, records, certificates, notices and documents
(wherever and by whoever they are kept);
(c) take and retain samples of any materials (whether solid,
liquid, gaseous or vapour) found for the purpose of
analysis;
(d) take any photographs or video recordings that the
authorised officer thinks necessary;
(e) require any individual whom the authorised officer finds in
the premises or vessel to produce his or her identity card or
other identification papers for inspection.
[11/2018]
(2) In subsection (1), “specified purposes” means all or any of the

following purposes:

(a) to ascertain whether the requirements imposed by or under

this Act are complied with;
(b) to investigate a suspected offence under this Act;
(c) to investigate whether there is any circumstance that may
result in the suspension or cancellation of a plumber’s
licence.
[11/2018]
Offences committed by bodies corporate, etc.

56. Where an offence under this Act has been committed by a
company, firm, society or other body of persons, and that offence is
proved to have been committed with the authority, consent or
connivance of any person who, at the time of the commission of the
offence, was a director, manager, secretary or other similar officer or
a partner of the company, firm, society or other body of persons or
was purporting to act in any such capacity, that person shall also be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Liability for offence committed by agent or employee

56A. Where an offence under this Act is committed by any person
acting as an agent or employee of another person, or being otherwise
subject to the supervision or instruction of another person for the
purposes of any employment in the course of which the offence was
committed, that other person shall, without affecting the liability of
the firstmentioned person, be liable for that offence in the same
manner and to the same extent as if that other person had personally
committed the offence unless that other person proves to the
satisfaction of the court that the offence was committed without
the consent or connivance, and that it was not attributable to any
neglect on the part, of that other person.
[9/2012]
Duty to enquire before excavation

57.—(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 plans or records to
ascertain the location of any main or pipe belonging to or
under the management or control of the Board that may be
interfered with by such works;
(b) carrying out trial trenches to physically ascertain the
location of any such main or pipe that may be interfered
with by such works; and
(c) complying with any other requirements that the Board may
specify to protect any such main or pipe within the vicinity
of such works,
3 years or to both.
[9/2012]
(2) For the purpose of subsection (1)(a), any person may, on

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.
[9/2012]
General penalties
58. Any person guilty of an offence under this Act for which no
penalty is expressly provided shall be liable on conviction to a fine
12 months or to both and, in the case of a continuing offence, to a
further fine not exceeding $250 for every day or part of a day during
Composition of offences
59.—(1) The Board may —
(a) compound any offence under section 45A by collecting
from a person reasonably suspected of having committed
the offence a sum not exceeding $10,000; and

(b) compound any other offence under this Act or regulations

made under this Act that is prescribed as a compoundable
offence by collecting from a person reasonably suspected
of having committed the offence a sum not exceeding
$3,000.
[13/2020]
(2) The Board may, with the approval of the Minister, make
regulations to prescribe the offences which may be compounded.
(3) All sums collected under this section must be paid into the
Consolidated Fund.
[11/2018]
PART 6
TRANSFER TO BOARD OF PROPERTY,
LIABILITIES AND EMPLOYEES
Transfer to Board of property, assets and liabilities
60.—(1) As from 1 April 2001, such movable and immovable
property vested in the Government as may be determined by the
Minister for Finance and used or managed by the Sewerage
Department and the Drainage Department and all assets, interests,
rights, privileges, liabilities and obligations of the Government
relating to the Sewerage Department and the Drainage Department
are transferred to and vest in the Board without further assurance, act
or deed.
(2) If any question arises as to whether any particular property,
asset, interest, right, privilege, liability or obligation has been
transferred to or vested in the Board under subsection (1), a
certificate under the hand of the Minister for Finance is conclusive
evidence that the property, asset, interest, right, privilege, liability or
obligation was or was not so transferred or vested.
(3) Any immovable property to be transferred to and vested in the
Board under subsection (1) must be held by the Board upon such
tenure and subject to such terms and conditions as the President may
determine.

(4) Every proceeding by or against the Government relating to the
Sewerage Department or the Drainage Department which is pending
on 1 April 2001 may be continued, completed and enforced by or
against the Board.
(5) Every agreement relating to any of the transferred properties to
which the Sewerage Department or the Drainage Department was a
party immediately before 1 April 2001, whether or not of such nature
that the rights and liabilities under the agreement could be assigned,
has effect as from that date as if —
(a) the Board had been a party to the agreement; and
(b) for any reference to the Sewerage Department or the
Drainage Department there were substituted in respect of
anything to be done on or after 1 April 2001 a reference to
the Board.
Transfer of employees
61.—(1) As from 1 April 2001, all persons employed immediately
before that date by the Sewerage Department and the Drainage
Department are transferred to the service of the Board on terms no
less favourable than those enjoyed by them immediately prior to their
transfer.
(2) Until such time as terms and conditions of service are drawn up
by the Board, the scheme and terms and conditions of service of the
Government continue to apply to every person transferred to the
service of the Board under subsection (1) as if he or she were still in
the employment of the Government.
Pension rights, etc., of Government employees to be preserved

62.—(1) The terms and conditions to be drawn up by the Board
must take into account the salaries and terms and conditions of
service, including any accrued rights to leave, enjoyed by the persons
transferred to the service of the Board under section 61 while in the
employment of the Government.
(2) Any term or condition relating to the length of service with the
Board must provide for the recognition of service of the persons so

transferred while in the employment of the Government to be service

with the Board.
(3) The terms and conditions to be drawn up by the Board must not
adversely affect the conditions that would have been applicable to
persons transferred to the service of the Board as regards any pension,
gratuity or allowance payable under the Pensions Act 1956.
(4) Where a person has been transferred to the service of the Board
under section 61, the Government is liable to pay to the Board such
portion of any pension, gratuity or allowance payable to the person on
his or her retirement as the same bears to the proportion which the
aggregate amount of his or her pensionable emoluments during his or
her service with the Government bears to the aggregate amount of his
or her pensionable emoluments during his or her service under both
the Government and the Board.
(5) Where any person in the service of the Board, whose case does
not fall within the scope of any pension or other schemes established
under this section, retires or dies in the service of the Board or is
discharged from such service, the Board may grant to that person or to
any other person or persons wholly or partly dependent on that
person, as the Board thinks fit, such allowance or gratuity as the
No benefits in respect of abolition or reorganisation of office

63. Despite the provisions of the Pensions Act 1956, a person who
is transferred to the service of the Board under section 61 is not
entitled to claim any benefit under that Act on the ground that he or
she has been retired from the service of the Government on account of
abolition or reorganisation of office in consequence of the
reconstitution of the Board.
Existing contracts
64. All deeds, schemes, bonds, agreements, instruments and
arrangements subsisting immediately before 1 April 2001 to which
the Government is a party and relating to the Sewerage Department or
the Drainage Department or to any person transferred to the service of
the Board under section 61 continue in force on and after that date and

are enforceable by or against the Board as if the Board had been
named therein or had been a party thereto instead of the Government.
Continuation and completion of disciplinary proceedings

65.—(1) Where on 1 April 2001 any disciplinary proceedings were
pending against any employee of the Government transferred to the
service of the Board under section 61, the proceedings must be
carried on and completed by the Board.
(2) Where on 1 April 2001 any matter was in the course of being
heard or investigated or had been heard or investigated by a
committee acting under due authority but no order, ruling or
decision had been made on the matter, the committee must
complete the hearing or investigation and must make such order,
ruling or direction as it could have made under the authority vested in
it before that date.
(3) Any order, ruling or direction made by a committee under this
section is treated as an order, a ruling or a direction of the Board and
has the same force or effect as if it had been made by the Board
pursuant to the authority vested in the Board under this Act.
Misconduct or neglect of duty by employee before transfer

66. The Board may reprimand, reduce in rank, retire, dismiss or
punish in some other manner a person who, while he or she was in the
employment of the Government, had been guilty of any misconduct
or neglect of duty which would have rendered him or her liable to be
reprimanded, reduced in rank, retired, dismissed or punished in some
other manner if he or she had continued to be in the employment of
the Government and if this Act had not been enacted.
PART 7
MISCELLANEOUS
Property of Board not fixtures
67. All works, apparatus, fixtures and fittings executed, erected on
or affixed to any premises by the Board, or acquired by the Board,

continue to remain the property of the Board and do not vest in the
owner of the premises.
[9/2012]
Powers of arrest
68.—(1) Any police officer or any person authorised in writing by
the Chief Executive generally or in any particular case may arrest any
person committing within his or her view or who he or she has reason
to believe has committed any offence punishable under this Act if —
(a) the name and address of the person are unknown to him or
her;
(b) the person declines to give his or her name and address; or
(c) there is reason to doubt the accuracy of the name and
address given.
(2) A person arrested under this section may be detained until his or
her name and address are correctly ascertained.
(3) A person arrested under this section must not be detained longer
than is necessary for bringing him or her before a court unless the
order of a court for his or her continued detention is obtained.
Compensation, damages, costs and expenses to be determined

by Magistrate’s Court or District Court
68A.—(1) Except as otherwise provided, in all cases where
compensation, damages, fees, costs or expenses are provided under
this Act to be paid, the amount and (if necessary) the apportionment
of the amount and any question of liability are, in case of dispute, or
failure to pay, to be summarily ascertained and determined by a
Magistrate’s Court or, if the amount claimed exceeds the Magistrate’s
Court limit, by a District Court.
[9/2012]
(2) In any proceeding under subsection (1), the Magistrate’s Court

or District Court may —
(a) inquire whether those expenses ought to be borne wholly
or in part by some person other than the defendant in the
proceedings;

(b) make any order concerning the expenses or their
apportionment that appears to the Court to be just; and
(c) where those expenses were incurred by the Board in
carrying out any works under section 33(2)(b), 47(4) or (5)
or 47A(5) or (6), inquire whether it was reasonable to carry
out those works.
[9/2012]
(3) A Magistrate’s Court or District Court is not to order the

expenses or any part of the expenses to be borne by any person other
than the defendant in the proceedings unless the Court is satisfied that
the other person has had due notice of the proceedings and an
opportunity of being heard.
[9/2012]
(4) If the amount of compensation, damages, fees, costs or expenses

is not paid by the party liable to pay it within 7 days after demand, that
amount may be reported to a Magistrate’s Court or District Court and
recovered in the same way as if it were a fine imposed by a
Magistrate’s Court or District Court, as the case may be.
[9/2012]
(5) An appeal lies to the General Division of the High Court from
any decision of a Magistrate’s Court or District Court under this
section, and the provisions of the Criminal Procedure Code 2010
apply, with the necessary modifications, to all such appeals.
[9/2012; 40/2019]
General exemption
69. The Board may, with the approval of the Minister, either
permanently or for any period that it thinks fit, exempt any person or
premises or any class of persons or premises from all or any of the
provisions of this Act.
Service of documents
70.—(1) Any notice, order or document required or authorised by
this Act to be given or served on any person, and any summons issued
by a court in connection with any offence under this Act, may be
served on the person —

(a) by delivering it to the person or to an adult member or

employee of his or her family at his or her last known place
of residence;
(b) by leaving it at the person’s usual or last known place of
residence or business in an envelope addressed to the
person;
(c) by affixing it to a conspicuous part of the person’s last
known place of residence;
(d) by sending it by registered post addressed to the person at
the person’s usual or last known place of residence or
business; or
(e) where the person to be served is a body corporate —
(i) by delivering it to the secretary or other similar
officer of the body corporate at its registered or
principal office; or
(ii) by sending it by registered post addressed to the body
corporate at its registered or principal office.
(2) Any notice, order, document or summons sent by registered post
to any person in accordance with subsection (1) is deemed to be duly
served on the person at the time when the notice, order, document or
summons would, in the ordinary course of post, be delivered and in
proving service of the notice, order, document or summons, it is
sufficient to prove that the envelope containing the same was
properly addressed, stamped and posted by registered post.
Evidence
71.—(1) The contents of any document prepared, issued or served
under or for the purposes of this Act are, until the contrary is proved,
presumed to be correct and the production of any book purporting to
contain any apportionment made under this Act is, without any other
evidence, to be received as prima facie proof of the making and
validity of the apportionment mentioned in the book.
(2) All records, registers and other documents kept by the Board or
by any authorised officer for the purposes of this Act are deemed to be
public documents, and copies thereof or extracts therefrom certified

by the officer responsible for their custody to be true copies or
extracts (as the case may be) and subscribed by that officer with his or
her name and his or her official title are admissible in evidence as
proof of the contents of the documents or extracts therefrom.
Regulations
72.—(1) The Board may, with the approval of the Minister, make
regulations for or in respect of every purpose which is considered by
the Board necessary or convenient to be prescribed for carrying out
the provisions of this Act.
(2) Without limiting subsection (1), the Board may, with the
approval of the Minister, make regulations for or in respect of all or
any of the following matters:
(a) the prescribing of anything that is required or permitted to
be prescribed under this Act;
(b) the prescribing of purposes for which the supply of water
may be used;
(c) the prevention and suppression of pollution,
contamination, waste, misuse or use of water;
(d) the prevention of misuse of, or damage to, apparatus and
works belonging to the Board in connection with the
collection, production or supply of water;
(e) the regulation and use of meters and the prohibition of
interference with or damage to the meters or seals affixed
on the meters;
(f) the prohibition of interference with, or damage to, water
appliances supplied by the Board and plates or marks on
the appliances;
(g) the protection, preservation and conservation of water
catchment areas and of any property in those areas;
(h) the regulation of the installation of water supplies and
alterations thereto and the submission of plans and
specifications in respect thereof;

(i) the prescribing of materials of which pipes and other

apparatus and fittings for use in connection with the
supply, conveyance or distribution of water, must be made,
and of the size, shape, fitting, arrangement, connection,
workmanship, examination, testing, position and method
of cleaning them;
(ia) the regulation of the supply and use of water fittings,
including —
(i) the registration of suppliers of water fittings;
(ii) the requirements for water fittings, the imposition of
water efficiency practices for water fittings, and the
labelling of water fittings; and
(iii) the recall of water fittings;
(j) the prescribing of the types of apparatus or water
appliances to be used and the prohibition of the use of
certain types thereof;
(k) the regulation of the installation of apparatus or water
appliances and the maintenance, removal or transfer
thereof;
(l) the prescribing of the methods of charging consumers for
water consumed in the event of any meter becoming out of
order;
(m) in relation to the regulation of regulated works or WSI
design works —
(i) the process for an application for a plumber’s
licence, the form of a plumber’s licence, and the
replacement of a plumber’s licence;
(ii) the duties of licensed plumbers in respect of any
regulated works; and
(iii) the duties of professional engineers in respect of any
WSI design works;
(n) in relation to the regulation of activities in and around
reservoirs and waterways maintained by the Board —

(i) the manner in which reservoirs and waterways may
be used, and the designating of areas and granting of
permits for such uses;
(ii) the types of vessels which may be operated in the
reservoirs and waterways, the permits required for
such operation, the terms and conditions on which,
and the circumstances in which, those permits may
be granted, held, suspended, cancelled, altered,
extended, renewed or replaced, and the fees
payable in respect of the permits;
(iia) the requirements relating to the use, stowage,
storage, conveyance, loading or unloading of
dangerous cargoes on such vessels, including the
requirement to obtain the Board’s approval and the
fees payable for such approval;
(iii) the equipment to be carried on such vessels and the
insurance and safety requirements for such vessels;
(iv) the qualifications for operators of such vessels;
(v) the safety of navigation, the prevention of collisions
and the reporting of accidents in reservoirs and
waterways; and
(vi) the use of any boat transfer facility in or connecting
to any reservoir or waterway and the fees payable in
respect of the use;
(na) the issue of an order by the Board to stop any activity that
has caused damage, or is likely to cause damage, to any
apparatus, appliance, fittings, pipes and works belonging
to the Board used in connection with the collection,
production, conveyance or supply of water;
(o) the prescribing of fees and charges for the purposes of this
Act or any other written law administered by the Board or
for the carrying out of any function of the Board.
[9/2012; 11/2018; 13/2020]
(3) The Board may in making any regulations provide that any
person who contravenes the regulations 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 12 months or to both and, in
the case of a continuing offence, to a further fine not exceeding $250
for every day or part of a day during which the offence continues after
conviction.
(4) All such regulations must be presented to Parliament as soon as
possible after publication in the Gazette.
Incorporation by reference
72A.—(1) The regulations made under section 72 may apply, adopt
or incorporate by reference —
(a) wholly or partially;
(b) with or without any addition, omission or substitution; or
(c) specifically or by reference,
any code of practice, standard, requirement, specification or other
document that relates to any subject matter of any regulations made
under section 72 (called in this section the material), as in force or
published at a particular time or as in force or published from time to
time.
[11/2018]
(2) The material mentioned in subsection (1) may be material

issued by the Board, or material issued by any standards setting
organisation, or other organisation or person.
[11/2018]
(3) Any material applied, adopted or incorporated in the regulations

by reference under subsection (1) is to be treated for all purposes as
forming part of the regulations.
[11/2018]
(4) Unless otherwise provided in the regulations, where the

material is applied, adopted or incorporated by reference as in
force or published from time to time, every amendment to the
material that is made by the organisation or person originating the
material is to be treated as being a part of those regulations.
[11/2018]

(5) Where any material is applied, adopted or incorporated by
reference in any provision of any regulations, the Board must give
notice in the Gazette stating —
(a) that the material is incorporated in the regulations, and the
date on which the relevant provision in the regulations was
made;
(b) that the material is available for inspection, free of charge,
and the place at which the material may be inspected;
(c) that copies of the material can be purchased, and the place
where the material can be purchased; and
(d) if copies of the material are available in other ways, the
details of where or how the material can be accessed or
obtained.
[11/2018]
(6) In addition, the Board must cause a copy of every material

applied, adopted or incorporated in the regulations by reference under
subsection (1), to be made available for inspection by members of the
public without charge at any of its offices during normal office hours.
[11/2018]
(7) To avoid doubt, any part of the material that is not applied,
adopted or incorporated by reference under subsection (1) has no
legislative effect.
[11/2018]
Advisory guidelines
72B.—(1) The Board may issue advisory guidelines for the
purposes of providing practical guidance or certainty in respect of
any one or more requirements imposed by or under this Act.
[11/2018]
(2) The advisory guidelines may —

(a) be of general or specific application; or
(b) specify that different provisions of the advisory guidelines
apply to different circumstances, or are applicable to
different persons or classes of persons.
[11/2018]

(3) The Board may amend or revoke the whole or part of any
advisory guidelines issued under subsection (1).
[11/2018]
(4) Advisory guidelines issued or amended under this section do

not have any legislative effect.
[11/2018]
Transitional provisions
73.—(1) All acts done by the Board before 1 April 2001 continue to
remain valid and applicable as though done by the Board under this
Act, until such time as invalidated, revoked, cancelled or otherwise
determined by the Board.
(2) Where anything has been commenced by or on behalf of the
Board before 1 April 2001, such thing may be carried on and
completed by or under the authority of the Board.
(3) Subject to subsection (5), any scheme, contract, document,
licence, permission or resolution prepared, made, granted or
approved by the Board under the repealed Public Utilities Act
(Cap. 261, 1996 Revised Edition) continues, so far as it is not
inconsistent with the provisions of this Act, and is deemed to have
been prepared, made, granted or approved under the corresponding
provisions of this Act.
(4) Any subsidiary legislation made under the repealed Public
Utilities Act (Cap. 261, 1996 Revised Edition) and in force
immediately before 1 April 2001 continues in force, so far as it is
not inconsistent with the provisions of this Act, as if made under this
Act until it is revoked or repealed by subsidiary legislation made
under this Act.
(5) Despite the repeal of the Public Utilities Act (Cap. 261,
1996 Revised Edition), as from 1 April 2001 and for such period as
the Minister for Trade and Industry may determine —
(a) section 2, Parts IV, V, VII, VIII, IX and X of that Act and
the subsidiary legislation made under section 130 of that
Act for or in relation to the supply or use of electricity and
gas continue in force, with the necessary modifications, as
if that Act has not been repealed;

(b) all licences granted before 1 April 2001 under section 38
and Part VIII of that Act continue to be valid and in force;
(c) for the purposes of this subsection, the references to the
Minister and the Board in —
(i) section 2, Parts IV, V, VII, VIII, IX and X of that Act
and the subsidiary legislation made under
section 130 of that Act for or in relation to the
supply or use of electricity and gas; and
(ii) the licences granted before 1 April 2001 under
section 38 and Part VIII of that Act,
are to be read as references to the Minister for Trade and
Industry and the Energy Market Authority of Singapore
respectively; and
(d) for the purposes of this subsection, the Minister for Trade
and Industry may make regulations to provide for any other
transitional, incidental and consequential matters arising
from the repeal of the Public Utilities Act (Cap. 261,
1996 Revised Edition).
(6) Despite the repeal of the Public Utilities Act (Cap. 261,
1996 Revised Edition), as from 1 April 2001, sections 62 to 65 of that
Act continue in force and apply to the successor companies
mentioned in those sections as if that Act had not been repealed.
(7) All acts done by or on behalf of the Director of Sewerage and
Drainage before 1 April 2001 under the Sewerage and Drainage
Act 1999 in force before that date continue to remain valid and
applicable as though done by the Board under that Act, until such
time as invalidated, revoked, cancelled or otherwise determined by
the Board.
(8) Where anything has been commenced by or on behalf of the
Director of Sewerage and Drainage before 1 April 2001, such thing
may be carried on and completed by or under the authority of the
Board.
(9) Any notice, order, decision, direction, certificate or approval
made or granted by the Director of Sewerage and Drainage before

1 April 2001 under the Sewerage and Drainage Act 1999 in force
before that date continues and is deemed to have been made or
granted by the Board under that Act, until such time as invalidated,
revoked, cancelled or otherwise determined by the Board.
FIRST SCHEDULE
Section 5(2)
CONSTITUTION AND PROCEEDINGS OF BOARD

Appointment of Chairperson and members
1.—(1) The Chairperson and other members of the Board must be appointed by
the Minister and hold office for such period and on such terms and conditions as
the Minister may determine.
(2) The Minister may appoint the Chief Executive as a member.
Appointment of Deputy Chairperson

2.—(1) The Minister may appoint any member of the Board to be Deputy
Chairperson of the Board.
(2) If for any reason the Chairperson is unable to act or the office of Chairperson
is vacant, the Deputy Chairperson may exercise all or any of the powers conferred,
or the duties imposed, on the Chairperson under this Act.
Temporary Chairperson, Deputy Chairperson or member

3. The Minister may appoint any person to be a temporary Chairperson, Deputy
Chairperson or member during the temporary incapacity from illness or otherwise,
or during the temporary absence from Singapore, of the Chairperson, Deputy
Chairperson or any member, as the case may be.
Revocation of appointment
4. The Minister may, at any time, revoke the appointment of the Chairperson,
Deputy Chairperson or any member if the Minister considers the revocation
necessary in the interest of the effective and economical performance of the
functions of the Board under this Act or in the public interest.
Resignation
5. A member may resign from office at any time by giving not less than one
month’s notice to the Minister.

FIRST SCHEDULE — continued
Vacation of office
6. The office of a member becomes vacant —
(a) on the member’s death;
(b) if the member fails to attend 3 consecutive meetings of the Board
without sufficient cause (the sufficiency to be decided by the Board);
(c) if the member becomes in any manner disqualified for membership of
the Board;
(d) if the member is adjudicated a bankrupt;
(e) if the member resigns from office; or
(f) if the member’s appointment is revoked.
Filling of vacancies
7. If a vacancy occurs in the membership of the Board, the Minister may, subject
to paragraphs 1 and 8, appoint any person to fill the vacancy and the person so
appointed holds office for the remainder of the term for which the vacating
member was appointed.
Disqualification from membership

8. A person must not be appointed or must not continue to hold office as a
member if the person —
(a) is an undischarged bankrupt or has made any arrangement with the
person’s creditors;
(b) has been sentenced to imprisonment for a term exceeding 6 months
and has not received a free pardon; or
(c) is incapacitated by physical or mental illness.
Sealing of documents
9.—(1) All deeds, documents and other instruments requiring the seal of the
Board must be sealed with the common seal of the Board in the presence of any
2 officers of the Board duly authorised by the Board to act in that behalf and must
be signed by those officers.
(2) Such signing is sufficient evidence that the common seal of the Board has
been duly and properly affixed and that the seal is the lawful common seal of the
Board.
(3) The Board may by resolution or otherwise appoint an employee of the Board
or any other agent, either generally or in a particular case, to execute or sign on


behalf of the Board any agreement or other instrument not under seal in relation to
any matter coming within the powers of the Board.
(4) Section 11 of the Registration of Deeds Act 1988 does not apply to any
instrument purporting to have been executed under sub-paragraph (1).
Salaries and fees payable to members of Board

10. The members of the Board are to be paid, out of the funds of the Board, such
salaries, fees and allowances as the Minister may determine.
Quorum
11.—(1) The quorum at every meeting of the Board is one-third of the total
number of members or 3 members, whichever is the higher; and no business may
be transacted unless a quorum is present.
(2) The Chairperson, or in his or her absence the Deputy Chairperson, presides
at meetings of the Board, and if both the Chairperson and Deputy Chairperson are
absent from any meeting or part of the meeting, such member as the members
present may elect presides at that meeting or part of the meeting.
(3) A decision at a meeting of the Board is to be adopted by a simple majority of
the members present and voting except that, in the case of an equality of votes, the
Chairperson of the meeting has a casting vote in addition to his or her original
vote.
Vacancies
12. The Board may act despite any vacancy in its membership.
Procedure at meetings
13.—(1) The Chairperson or any other officer authorised by him or her must,
subject to such standing orders as may be made by the Board under
sub-paragraph (2), summon all meetings of the Board for the despatch of business.
(2) Subject to the provisions of this Act and the Public Sector (Governance)
Act 2018, the Board may make standing orders to regulate its own procedure
generally and, in particular, regarding the holding of meetings, the notice to be
given of the meetings, the proceedings at the meetings, the keeping of minutes, the
custody, production and inspection of the minutes, and the opening, keeping,
closing and auditing of accounts.
Appointment of committees and delegation of powers

14.—(1) The Board may appoint from among its own members or persons who
are not members any number of committees that it thinks fit consisting of

members or other persons or members and other persons for purposes which, in
the opinion of the Board, would be better regulated and managed by means of
those committees.
(2) The Board may, subject to any conditions or restrictions that it thinks fit,
delegate to any such committee or the Chairperson, all or any of the powers,
functions and duties vested in the Board by this Act or other written law, except
the powers to prescribe or levy dues and rates and borrow money.
(3) The Board may, subject to any conditions or restrictions that it thinks fit,
delegate to any employee of the Board or any person all or any of its powers,
functions and duties vested in the Board by this Act or other written law, except
the powers to prescribe or levy dues and rates and borrow money; and any power,
function or duty so delegated may be exercised or performed by the employee or
person in the name and on behalf of the Board.
[25/2009; 5/2018]
SECOND SCHEDULE
Section 7(1)
POWERS OF BOARD
1. To undertake building works and any activities connected with coastal
management.
2. To construct in any street or place such works as are necessary for purposes
connected with the supply of water and may place therein meters, switches, cocks
and any other suitable and proper apparatus for the purpose of leading off service
lines or pipes or of examining, testing, measuring, directing or controlling the
supply of water or of testing the conditions of the mains and other portions of the
works.
3. To operate every installation or plant for the production and supply of water.
4. To levy and regulate charges and fees.
5. To form or participate —
(a) in the formation of any company for the purpose of carrying out all or
any of the functions of the Board;
(b) with the Minister’s approval, in the formation of any company for any
other purposes that may be approved by the Minister; and
(c) in any joint venture or partnership.

SECOND SCHEDULE — continued

6. To sell, with the Minister’s approval, any immovable property which the
Board thinks necessary or expedient for the purpose of carrying out its functions
under this Act.
7. To carry out all or any of the functions and powers of the Board by or through
trustees, agents or attorneys as the Board may appoint.
8. To make provision for the training of employees and to award scholarships,
bursaries and study grants to such persons as the Board considers fit.
9. To grant loans to employees of the Board for purposes specifically approved
by the Board.
10. To make provision for welfare benefits, gratuities, pensions, provident
funds, allowances or other superannuation benefits for employees or former
employees (or their dependants) of the Board.
11. To issue and approve standards and codes of practice for compliance by
persons granted approval to supply piped water suitable for drinking.
12. To do anything incidental to any of its duties and functions.
[11/2018; 13/2020]
THIRD SCHEDULE
Section 17
FINANCIAL PROVISIONS
Financial year
1. The financial year of the Board begins on 1 April of each year and ends on
31 March of the succeeding year.
Accounts of Board
2. The Board must keep separate accounts in respect of the water undertaking,
sewerage function, drainage function and coastal management function of the
Board.
[2/2007; 5/2018; 13/2020]

FOURTH SCHEDULE
Sections 24A(4), 32(3), 40A, 40B and
40C
COMPENSATION FOR TEMPORARY OCCUPATION OF PREMISES

First column Second column
Item for which compensation Basis on which compensation
may be claimed is to be assessed
1. Loss due to displacement (a) The financial loss naturally and
(whether temporary or permanent) reasonably resulting from the
of any person in lawful occupation displacement of the person from
of the premises on the date of the the premises.
notice under section 24A(3) or
(b) All reasonable expenses incurred
32(2), as the case may be.
by such a person in removing from
the premises from which the
person is displaced, including (but
not limited to) the reasonable cost
of renovating alternative premises
to be occupied during the
displacement.
2. Any structural damage to any (a) The financial loss naturally and
building resulting from the reasonably resulting from the
exercise of the right of entry and displacement because of the
occupation and use of the structural damage.
premises under section 24A or 32,
(b) All reasonable expenses incurred
as the case may be.
in removing from the building,
including (but not limited to) the
reasonable cost of renovating
alternative premises to be
occupied during the displacement.
(c) The amount which is, or might be,
fairly and reasonably incurred in
repairing the damage to the
building, or in a case where the
structural damage is so extensive
as to require the removal of the
building, the amount which is, or
might be, fairly and reasonably
incurred in replacing a similar
building.

FOURTH SCHEDULE — continued

First column Second column
Item for which compensation Basis on which compensation
may be claimed is to be assessed
(d) The share in the responsibility for
the loss or damage attributable to
or connected with the exercise of
the right of entry and occupation
and use thereafter of the premises
under section 24A or 32, as the
case may be.
3. Any other damage to the land or a (a) The amount that is, or might be,
building resulting from the fairly and reasonably incurred in
exercise of the right of entry and repairing the damage.
occupation and use of the
(b) The share in the responsibility for
premises under section 24A or 32,
the loss or damage attributable to
as the case may be.
or connected with the exercise of
the right of entry and occupation
and use thereafter of the premises
under section 24A or 32, as the
case may be.
4. The removal of any object or (a) The cost of reinstating the object
structure within the land as a result or structure or of replacing the
of the exercise of the right of entry same with a similar object or
and occupation of the land under structure.
section 24A or 32, as the case may
(b) The loss sustained by the removal
be.
of the object or structure which
was erected and maintained
without contravention of any
written law and is not to be
reinstated or replaced with a
similar object or structure at the
expense of the Board, being an
amount which might fairly and
reasonably be estimated as the
cost of reinstating or replacing the
object or structure.
[12/2015]

LEGISLATIVE HISTORY
This Legislative History is a service provided by the Law Revision Commission
on a best-efforts basis. It is not part of the Act.
1. Act 26 of 1995 — Public Utilities Act 1995
Date of First Reading : 25 May 1995
(Bill No. 20/1995 published on
4 August 1995)
Date of Second and Third : 7 July 1995
Readings
Date of commencement : 1 October 1995
2. 1996 Revised Edition — Public Utilities Act
Date of operation : 30 April 1996
3. Act 8 of 2001 — Public Utilities Act 2001
Date of First Reading : 22 February 2001
23 February 2001)
Date of Second and Third : 16 March 2001
Readings
Date of commencement : 1 April 2001
4. Act 5 of 2002 — Statutory Corporations (Capital Contribution) Act 2002
(Consequential amendments made by)
Date of First Reading : 3 May 2002
(Bill No. 7/2002 published on 4 May
2002)
Date of Second and Third : 24 May 2002
Readings
Date of commencement : 15 July 2002
5. 2002 Revised Edition — Public Utilities Act
Date of operation : 31 July 2002
6. Act 39 of 2004 — Public Utilities (Amendment) Act 2004
Date of First Reading : 1 September 2004
2 September 2004)

ii
Date of Second and Third : 21 September 2004
Readings
Date of commencement : 8 October 2004
7. Act 45 of 2004 — Trustees (Amendment) Act 2004
22 September 2004)
Date of Second and Third : 19 October 2004
Readings
Date of commencement : 15 December 2004
8. Act 2 of 2007 — Statutes (Miscellaneous Amendments) Act 2007
Date of First Reading : 8 November 2006
9 November 2006)
Date of Second and Third : 22 January 2007
Readings
Date of commencement : 1st March 2007 (Except sections 6, 8
and 11)
9. Act 25 of 2009 — Quorums of Statutory Boards (Miscellaneous
Amendments) Act 2009
14 September 2009)
Readings
Date of commencement : 15 January 2010
Date of First Reading : 8 March 2012
(Bill No. 7/2012 published on 8 March
2012)
Date of Second and Third : 9 April 2012
Readings
Date of commencement : 1 September 2012
1 February 2013

iii
11. Act 12 of 2015 — Land Acquisition (Amendment) Act 2015
Date of First Reading : 12 February 2015 (Bill No. 7/2015
published on 12 February 2015)
Readings
Date of commencement : 8 May 2015
12. Act 5 of 2018 — Public Sector (Governance) Act 2018
Date of First Reading : 6 November 2017
(Bill No. 45/2017)
Readings
Date of First Reading : 8 January 2018
(Bill No. 4/2018)
Date of Second and Third : 6 February 2018
Readings
25 March 2019
30 April 2020
Date of First Reading : 18 February 2020 (Bill No. 11/2020
published on 18 February 2020)
Readings
30 April 2020
30 July 2020
2 January 2021
15. Act 40 of 2018 — Insolvency, Restructuring and Dissolution Act 2018
(Bill No. 32/2018)
Readings
Date of commencement : 30 July 2020

iv
16. Act 40 of 2019 — Supreme Court of Judicature (Amendment) Act 2019
Date of First Reading : 7 October 2019
(Bill No. 32/2019)
Date of Second and Third : 5 November 2019
Readings
Date of commencement : 2 January 2021
17. Act 4 of 2021 — Statute Law Reform Act 2021
Date of First Reading : 3 November 2020 (Bill No. 45/2020
published on 3 November 2020)
Readings
Date of commencement : 1 March 2021
18. 2020 Revised Edition — Public Utilities Act 2001
Operation : 31 December 2021
19. Act 25 of 2021 — Courts (Civil and Criminal Justice) Reform Act 2021
Date of First Reading : 26 July 2021
(Bill No. 18/2021)
Date of Second and Third : 14 September 2021
Readings
20. Act 31 of 2022 — Statutes (Miscellaneous Amendments) Act 2022
(Bill No. 24/2022)
Readings
Date of commencement : 1 November 2022 (section 17)

v
Abbreviations
. (updated on 29 August 2022)
G.N. Gazette Notification
G.N. Sp. Gazette Notification (Special Supplement)
L.A. Legislative Assembly
L.N. Legal Notification (Federal/Malaysian)
M. Malaya/Malaysia (including Federated Malay States,
Malayan Union, Federation of Malaya and Federation of
Malaysia)
Parl. Parliament
S Subsidiary Legislation
S.I. Statutory Instrument (United Kingdom)
S (N.S.) Subsidiary Legislation (New Series)
S.S.G.G. Straits Settlements Government Gazette
S.S.G.G. (E) Straits Settlements Government Gazette (Extraordinary)

COMPARATIVE TABLE
This Act has undergone renumbering in the 2020 Revised Edition. This
Comparative Table is provided to help readers locate the corresponding provisions
in the last Revised Edition.
2020 Ed. 2002 Ed.

— 15—(1) [Deleted by Act 5 of 2018]
— (2) [Deleted by Act 5 of 2018]
15 (4)
20—(2) 20—(1A)
(3) (1B)
(4) (1C)
(5) (2)
(6) (3)
(7) (4)
(8) (6)
(9) (7)
(10) (7A)
(11) (8)
(12) (9)
(13) (10)
— 24A—(2) [Deleted by Act 12 of 2015]
24A—(2) (3)
(3) (4)
(4) (4A)

ii
2020 Ed. 2002 Ed.

(5) (9)
(6) (10)
(7) (11)
41—(9) 41—(8A)
(10) (8B)
(11) (9)
(12) (9A)
(13) (10)
— 44A—(5) [Deleted by Act 13 of 2020]
50—(3) 50—(2A)
(4) (3)
(5) (3A)
(6) (4)
70—(2) and (3) 70—(2)
— 73—(10) [Deleted by Act 4 of 2021]
[Omitted as spent] 74

Public Utilities Act 2001

Uploaded by

Copyright:

Available Formats

Public Utilities Act 2001

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Public Utilities Act 2001

Uploaded by

Copyright:

Available Formats

THE STATUTES OF THE REPUBLIC OF SINGAPORE

PUBLIC UTILITIES ACT 2001

2020 REVISED EDITION

This revised edition incorporates all amendments up to and

Prepared and Published by

Informal Consolidation – version in force from 1/11/2022

Public Utilities Act 2001

Informal Consolidation – version in force from 1/11/2022

Informal Consolidation – version in force from 1/11/2022

Informal Consolidation – version in force from 1/11/2022

Informal Consolidation – version in force from 1/11/2022

An Act to reconstitute the Public Utilities Board and for matters

Informal Consolidation – version in force from 1/11/2022

Informal Consolidation – version in force from 1/11/2022

“Chief Executive” means the Chief Executive of the Board, and

Informal Consolidation – version in force from 1/11/2022

Informal Consolidation – version in force from 1/11/2022

“plumber’s licence” means a licence granted under section 40J;

Informal Consolidation – version in force from 1/11/2022

Informal Consolidation – version in force from 1/11/2022

“water installation” means any water-retaining structure,

Informal Consolidation – version in force from 1/11/2022

Informal Consolidation – version in force from 1/11/2022

Functions and duties of Board

Informal Consolidation – version in force from 1/11/2022

Informal Consolidation – version in force from 1/11/2022

other specialist services relating to sewerage, drainage,

(2) In addition to the functions and duties imposed by this section,

(3) Nothing in this section imposes on the Board, directly or

(4) In this section, “public sewerage system”, “public sewers”,

Informal Consolidation – version in force from 1/11/2022

(2) In addition to the power mentioned in subsection (1), if it

Informal Consolidation – version in force from 1/11/2022

Furnishing of documents and information to Board

Informal Consolidation – version in force from 1/11/2022

(2) The Board may, subject to the Public Sector (Governance)

(3) The Board may, subject to the Public Sector (Governance)

11. [Repealed by Act 5 of 2018]

Protection from personal liability

Informal Consolidation – version in force from 1/11/2022

(b) charge, whether legal or equitable, on any property vested

Issue of shares, etc.

Duty of Board in financial matters

Informal Consolidation – version in force from 1/11/2022

Coastal and Flood Protection Fund

Informal Consolidation – version in force from 1/11/2022

Purposes of Coastal and Flood Protection Fund

Informal Consolidation – version in force from 1/11/2022

Informal Consolidation – version in force from 1/11/2022

(h) to pay all amounts relating to the sale, disposal or write-off

(3) To avoid doubt, no money may be withdrawn from the Coastal

Symbol or representation of Board

Informal Consolidation – version in force from 1/11/2022

(3) In determining the price to be charged for the supply of water by

Informal Consolidation – version in force from 1/11/2022

(5) Nothing in this section prevents the Board from —

(8) The waterborne tax is payable by —

(9) In determining the amount of the waterborne tax payable by any

Informal Consolidation – version in force from 1/11/2022