Article20060511.pdf

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MONICA NEO

(incorporating CHANTAN LLC)

Advocate & Solicitor

MONICA NEO

(incorporating CHANTAN LLC)

Advocate & Solicitor

REDAS-JOINT SEMINAR ON EROSION AND SEDIMENT

CONTROL AND WATER CONSERVATION (11 May 2006)

REDAS-JOINT SEMINAR ON EROSION AND SEDIMENT

CONTROL AND WATER CONSERVATION (11 May 2006)

Requirements under the Sewerage &

Drainage Act and Sewerage &Drainage (Surface Water Drainage)

Regulations and Consequences for

Non-Compliance

Requirements under the Sewerage &

Drainage Act and Sewerage &Drainage (Surface Water Drainage)

Regulations and Consequences for

Non-Compliance

presented bypresented by

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REDAS-JOINT SEMINAR ON EROSION AND SEDIMENT CONTROL AND WATER CONSERVATION - Requirements

under the Sewerage & Drainage Act and Sewerage & Drainage (Surface Water Drainage) Regulations and Consequences for Non-

Compliance presented byMONICA NEO,Advocate & Solicitor




2 main legislations governing the

control of silty discharge from

construction or earthworks site:

Sewerage and Drainage Act (Cap

294, Revised Edition 2001)

Sewerage and Drainage (Surface

Water Drainage) Regulations (2001Revised Edition)

2

main legislations governing the

control of silty discharge from

construction or earthworks site:

Sewerage and Drainage Act (Cap

294, Revised Edition 2001)

Sewerage and Drainage (Surface

Water Drainage) Regulations (2001Revised Edition)

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Relevant Provisions under theAct and RegulationsRelevant Provisions under the

Act and Regulations

- Section 26(1) : Works affectingstorm water drainage system

- Section 34(1) : Supervision of worksby qualified person (QP)

- Regulation 4 : Prohibition ofdischarge of silt, etc., into stormwater drainage system



- Regulation 4 : Prohibition ofdischarge of silt, etc., into stormwater drainage system

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26.(1) No person is to carry out or

cause to be carried out any works

which will affect any storm waterdrainage system, drain or drainage

reserve, directly or indirectly, without

obtaining in respect of those works, aclearance certificate or the approval

of the Board under section 33.

[8/2001]

26.(1) No person is to carry out or

cause to be carried out any works

which will affect any storm waterdrainage system, drain or drainage

reserve, directly or indirectly, without

obtaining in respect of those works, aclearance certificate or the approval

of the Board under section 33.

[8/2001]

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storm water drainage systemis defined in

section 2 of the Act to mean :

A system of drains for the conveyance or storage of

storm water and includes

(a) any weir, grating, float, boom, gauge, tidegate,

sump, storage pond, pumping station,

maintenance access, and debris interception and

removal facility related to such system;

(b) any structure constructed to convey, store or

measure storm water or for flood alleviation; and

(c) any bridge over or railing for any such drain or

any appurtenance thereof.

storm water drainage systemis defined in

section 2 of the Act to mean :

A system of drains for the conveyance or storage of

storm water and includes

(a) any weir, grating, float, boom, gauge, tidegate,

sump, storage pond, pumping station,

maintenance access, and debris interception and

removal facility related to such system;

(b) any structure constructed to convey, store or

measure storm water or for flood alleviation; and

(c) any bridge over or railing for any such drain or

any appurtenance thereof.

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storm water

- Refers to rainwater andsurface water but does notinclude sewage

(section 2)

storm water

- Refers to rainwater andsurface water but does notinclude sewage

(section 2)

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drainincludes any canal, culvert,

conduit, river or watercourse

(section 2)

drainage reservemeans any

land set aside for drainage workspursuant to development

proposals approved by a

competent authority (section 2)

drainincludes any canal, culvert,

conduit, river or watercourse

(section 2)

drainage reservemeans any

land set aside for drainage workspursuant to development

proposals approved by a

competent authority (section 2)

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drainage worksincludes

any engineering works for

the construction, alteration

and maintenance of any

storm water drainage system(section 2)

drainage worksincludes

any engineering works for

the construction, alteration

and maintenance of any

storm water drainage system(section 2)

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Application for clearance

certificate or approval



- Application must be in such form andmanner as the Board may require (s

33(1))- Form DP(DRA) - downloadable from

PUB website (www.pub.gov.sg)

- Application must be in such form andmanner as the Board may require (s

33(1))- Form DP(DRA) - downloadable from

PUB website (www.pub.gov.sg)

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- Plans of the works are to be submittedwith the application (s 33(3))

- Board may require plans (a) to bemade by a QP, and (b) to show such

details or specifications as the Boardmay determine (s 33(4))

- Plans of the works are to be submittedwith the application (s 33(3))

- Board may require plans (a) to bemade by a QP, and (b) to show such

details or specifications as the Boardmay determine (s 33(4))

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- Board may require certainrequirements to be complied with

before issuing its clearancecertificate or approval (s 33(6))

-Board may impose conditions in

issuing the clearance certificate or

granting its approval (s 33(7))

- Board may require certainrequirements to be complied with

before issuing its clearancecertificate or approval (s 33(6))

-Board may impose conditions in

issuing the clearance certificate or

granting its approval (s 33(7))

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Consequence for breach ofs. 26(1)Consequence for breach ofs. 26(1)

26.(2) Where any work has beencarried out in contravention of s 26(1),

the Board may by notice in writing require

the person who carried out the works, orthe owner or occupier of any premises in

respect of which the works were carried

out, to carry out such works as the Boardthinks necessary within such time as may

be specified in the notice. [8/2001]

26.(2) Where any work has beencarried out in contravention of s 26(1),

the Board may by notice in writing require

the person who carried out the works, orthe owner or occupier of any premises in

respect of which the works were carried

out, to carry out such works as the Boardthinks necessary within such time as may

be specified in the notice. [8/2001]

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Default in compliance with notice

41.(1) Where a person on whom a

notice under s 26 is served fails to

comply with the notice within the time

specified in the notice

(a) he is guilty of an offence and is

liable on conviction to a fine not

exceeding $20,000;

Default in compliance with notice

41.(1) Where a person on whom a

notice under s 26 is served fails to

comply with the notice within the time

specified in the notice

(a) he is guilty of an offence and is

liable on conviction to a fine not

exceeding $20,000;

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- Any authorised officer may enterthe premises to execute the

works specified in the notice (s41(1)(b))

- Any expenses reasonably incurredby the Board may be recoveredfrom the person in default (s

41(2))

- Any authorised officer may enterthe premises to execute the

works specified in the notice (s41(1)(b))

- Any expenses reasonably incurredby the Board may be recoveredfrom the person in default (s

41(2))

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26. (3) Any person who

contravenes s 26(1) is guilty of an

offence and is liable on convictionto a fine not exceeding $20,000

26. (3) Any person who

contravenes s 26(1) is guilty of an

offence and is liable on convictionto a fine not exceeding $20,000

Consequence for breachof s. 26(1)Consequence for breachof s. 26(1)

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Act and Regulations



- Regulation 4 : Prohibition ofdischarge of silt, etc., into storm

water drainage system





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34.(1) No person is to

commence or carry out any

works for which a clearance

certificate is required under this

Act except under the supervisionof a qualified person

34.(1) No person is to

commence or carry out any

works for which a clearance

certificate is required under this

Act except under the supervisionof a qualified person

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34.(2) Any person who contravenes s

33(1) is guilty of an offence and is 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 thereof during whichthe offence continues after conviction.

34.(2) Any person who contravenes s

33(1) is guilty of an offence and is 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 thereof during whichthe offence continues after conviction.

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Duties of the QP (section 35(1))Duties of the QP (section 35(1))

- To take all reasonable steps and

exercise due diligence insupervising and inspecting the

works to ensure that those works

are carried out in accordance with

the Act, the submitted plans and

any condition imposed by the Board

- To take all reasonable steps and

exercise due diligence insupervising and inspecting the

works to ensure that those works

are carried out in accordance with

the Act, the submitted plans and

any condition imposed by the Board

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- To notify the Board of any

contravention of the Act pertaining

to the works

- To keep and maintain at thepremises on which works are

carried out such documents, books

and records as may be prescribed

- To notify the Board of any

contravention of the Act pertaining

to the works

- To keep and maintain at thepremises on which works are

carried out such documents, books

and records as may be prescribed

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- To carry out such inspection of theworks as the Board may require

- To submit to the Board at the

prescribed times such reports andcertificates as may be prescribed

- To carry out such inspection of theworks as the Board may require

- To submit to the Board at the

prescribed times such reports andcertificates as may be prescribed

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- On completion of the inspection, tosubmit to the Board a certificate

containing such particulars as the

Board may require (Certificate ofInspection for Drainage Works)

- On completion of the inspection, tosubmit to the Board a certificate

containing such particulars as the

Board may require (Certificate ofInspection for Drainage Works)

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35. (2) Any qualified person who

contravenes any of the requirements of s

35(1) is guilty of an offence and is liable onconviction to a fine not exceeding $10,000

or to imprisonment for a term not exceeding

6 months or to both and, in the case of acontinuing offence, to a further fine not

exceeding $500 for every day or part

thereof during which the offence continuesafter conviction.

35. (2) Any qualified person who

contravenes any of the requirements of s

35(1) is guilty of an offence and is liable onconviction to a fine not exceeding $10,000

or to imprisonment for a term not exceeding

6 months or to both and, in the case of acontinuing offence, to a further fine not

exceeding $500 for every day or part

thereof during which the offence continuesafter conviction.

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Act and Regulations









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Reg 4.(1) No person is to

discharge or cause or permit the

discharge into the storm water

drainage system of Total Suspended

Solids in concentrations greaterthan 50 milligrams per litre of the

discharge.

Reg 4.(1) No person is to

discharge or cause or permit the

discharge into the storm water

drainage system of Total Suspended

Solids in concentrations greaterthan 50 milligrams per litre of the

discharge.

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Reg 4.(2) Every person

carrying out earthworks or

construction works must comply

with the Code of Practice and, in

particular, with the followingrequirements:

Reg 4.(2) Every person

carrying out earthworks or

construction works must comply

with the Code of Practice and, in

particular, with the followingrequirements:

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Requirement (a) :

Earth control measures is to beprovided and maintained in

accordance with the Code of

Practice

Requirement (a) :

Earth control measures is to beprovided and maintained in

accordance with the Code of

Practice

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Requirement (b) :

Runoff within, upstream ofand adjacent to the work site

is to be effectively drained

away without causing flooding

within or in the vicinity of the

work site

Requirement (b) :

Runoff within, upstream ofand adjacent to the work site

is to be effectively drained

away without causing flooding

within or in the vicinity of the

work site

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Requirement (c) :

All earth slopes are to be setoutside a drainage reserve

Requirement (d) :

All earth slopes adjacent to any

drain are to be close turfed

Requirement (c) :

All earth slopes are to be setoutside a drainage reserve

Requirement (d) :

All earth slopes adjacent to any

drain are to be close turfed

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Requirement (e) :

Must take adequate measures

to prevent any earth, sand,

top-soil, cement, concrete,

debris or any other material tofall or be washed into the

storm water drainage system

from any stockpile thereof

Requirement (e) :

Must take adequate measures

to prevent any earth, sand,

top-soil, cement, concrete,

debris or any other material tofall or be washed into the

storm water drainage system

from any stockpile thereof

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Reg 6. Any person who contravenes

or fails to comply with the

Regulations is guilty of an offenceand is liable on conviction to a fine

not exceeding $5,000 and, in the

case of a continuing offence, to afurther fine of $500 for every day or

part thereof during which the offence

continues after conviction

Reg 6. Any person who contravenes

or fails to comply with the

Regulations is guilty of an offenceand is liable on conviction to a fine

not exceeding $5,000 and, in the

case of a continuing offence, to afurther fine of $500 for every day or

part thereof during which the offence

continues after conviction

R i tR i t

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Speakers profi le (Monica Neo)

Academic and Professional Qualif ications

Bachelor of Laws, LLB Hons - University of LondonBarrister at Law, Lincoln's Inn

Advocate & Solicitor, Supreme Court of the Republic of SingaporeFellow Member, Singapore Institute of ArbitratorsMember, Chartered Institute of ArbitratorsMember, Reserve Panel, Singapore International Arbitration Centre

Member of the Civil Practice Committee, Law Society of Singapore (2002)Legal Adviser, Singapore Contractors Association Limited

Major Publications (author or co-author):

The Singapore Court FormsThe Singapore Standard Form of Building Contract An AnnotationConstruction Defects: Your Rights and Remedies title of the Sweet & Maxwells Lawfor Layman SeriesSingapore Civil Procedure 2003 (White Book)Real Estate Developers Association of Singapores (REDAS) Design and BuildStandard form contract

Nationality and resident status: Singaporean

Date of birth: 19 August 1967Advocate & Solicitor, Supreme Court of Singapore (1993)

6 Battery Road #33-01 Singapore 049909

Email: mneo@tsmp.com.sg

Tel : 62169035

Article20060511.pdf

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