Control of Vectors and Pesticides Act (Chapter 59), 1998 (revised version 2002)

THE STATUTES OF THE REPUBLIC OF SINGAPORE CONTROL OF VECTORS AND PESTICIDES ACT (CHAPTER 59) (Original Enactment: Act 24 of 1998) REVISED EDITION 2002 (31st December 2002) Prepared and Published by THE LAW REVISION COMMISSION UNDER THE AUTHORITY OF THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275) Informal Consolidation – version in force from 2/1/2011 CHAPTER 59 Control of Vectors and Pesticides Act ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation 3. Act to bind Government PART II ADMINISTRATION OF ACT 4. Administration of Act and appointment of authorised officers, etc. PART III CONTROL OF PESTICIDES AND VECTOR REPELLENTS 5. Pesticides and vector repellents to be registered, etc. 6. Application for registration of pesticides and vector repellents 7. Registration of pesticides and vector repellents 8. Registration mark 9. Register of pesticides and vector repellents 10. Cancellation of registration of pesticide or vector repellent 11. Removal of registration marks, surrender of stocks, etc., upon cancellation of registration 12. Appeals 13. Power to take samples of pesticides and vector repellents for analysis and to detain consignment 14. Penalty under this Part PART IV DESTRUCTION OF VECTORS 15. Prohibition on creating conditions favourable to vectors Informal Consolidation – version in force from 2/1/2011 1 2002 Ed. Section 16. Prohibition on breeding, etc., of vectors without Director General’s permission 17. Powers of Director-General to direct taking of measures 18. Enforcement of order under section 17 19. Prohibition on clearing undergrowth or vegetation under certain circumstances 20. Medical examination of persons suspected of being infected with vector-borne disease 21. Spraying or fogging with pesticide 22. Power to require information 23. Penalty under this Part PART V CONTROL OF VECTOR CONTROL OPERATORS, TECHNICIANS AND WORKERS 24. Vector control operators to be registered 25. Vector control technicians to be licensed 26. Vector control workers to be certified 27. Vector control operator to employ licensed vector control technicians and certified vector control workers to carry out vector control work 28. Vector control technicians to be assisted only by certified vector control workers 29. Application for registration, licence and certificate 30. Duration and renewal of registration, licence or certificate 31. Suspension and cancellation of registration, licence or certificate 32. Appeals 33. Register of vector control operators, vector control technicians and vector control workers 34. Penalty under this Part PART VI MISCELLANEOUS 35. Power to enter premises, vessel or aircraft 36. Director-General may act in cases of emergency 37. Owner and occupier to protect works 38. Penalty for damaging, etc., works 39. Damage to property of Agency to be made good in addition to penalty Control of Vectors and Pesticides2002 Ed. CAP. 59 2 Informal Consolidation – version in force from 2/1/2011 Section 40. Compensation, damages, fees, costs and expenses to be determined by Court 41. Recovery of costs and expenses by instalments 42. Fees, etc., payable to Agency 43. Liability of transferor of property 44. Persons unable to meet necessary expenditure 45. Obstructing or hindering Director-General, etc., in performance of duties 46. Notice to attend court 47. Power of arrest 48. Person charged with offence to furnish particulars if required 49. Offence by body corporate, etc. 50. Limitation of liability 51. Jurisdiction of court 52. Forfeiture 53. Composition of offences 54. Protection from personal liability 55. Receipts, notices, etc. 56. Service of documents, etc. 57. Inaccuracies in documents, etc. 58. Evidence of analyst 59. Exemption 60. Regulations 61. Transitional provision An Act to consolidate and amend the law relating to the destruction of vectors and the control of vector-borne diseases; to provide for the control of the sale and use of pesticides and vector repellents; to provide for the registration, licensing and certification of persons engaged in vector control work, and for matters connected therewith. [1st September 1998] Control of Vectors and Pesticides3 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 PART I PRELIMINARY Short title 1. This Act may be cited as the Control of Vectors and Pesticides Act. Interpretation 2. In this Act, unless the context otherwise requires — “active ingredient”means any substance contained in a pesticide or vector repellent which is responsible for the effect that the pesticide or vector repellent has on vectors; “advertise”means to advertise, directly or indirectly, by means of spoken words or any form of printed or written matter or any other medium; “Agency” means the National Environment Agency established under the National Environment Agency Act 2002 (Act 4 of 2002); “authorised officer”means any person appointed by the Director General of Public Health under section 4(2); “competent authority” means a competent authority appointed under section 5 of the Planning Act (Cap. 232); “container” includes anything in or by which a pesticide or vector repellent may be cased, covered, enclosed, contained or packed before application; and, in the case of a pesticide or vector repellent which is sold or carried or intended for sale or carriage in more than one container, includes every such container; “Director-General” means the Director-General of Public Health appointed under section 3(1) of the Environmental Public Health Act (Cap. 95); “label”, in relation to the container or package of a pesticide or vector repellent, means any written, pictorial or other Control of Vectors and Pesticides2002 Ed. CAP. 59 4 Informal Consolidation – version in force from 2/1/2011 descriptive matter marked on or affixed to the container or package; “Medical Officer of Health” means any registered medical practitioner who is engaged in vector control or epidemiological duties; “occupier” — (a) in relation to any premises, vessel or aircraft, means the person in occupation of the premises, vessel or aircraft or having the charge, management or control thereof either on his own account or as agent of another person; and (b) in relation to any part of any premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part; “owner” — (a) in relation to any premises, vessel or aircraft, means the person for the time being receiving the rent of the premises, vessel or aircraft whether on his own account or as agent, trustee or receiver, or who would receive the same if the premises, vessel or aircraft were let or chartered, and, in relation to any premises, includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act (Cap. 254); (b) in relation to any premises where building works are being carried out, includes the developer; (c) in relation to the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes the management corporation having control of the building, a managing agent appointed by a management corporation or by the Commissioner of Buildings under the Building Maintenance and Strata Control of Vectors and Pesticides5 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 Management Act 2004, and a liquidator appointed for that management corporation; [47/2004 wef 01/04/2005] (ca) in relation to the limited common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes the subsidiary management corporation having control of that limited common property, and a managing agent appointed by a subsidiary management corporation or by the Commissioner of Buildings under the Building Maintenance and Strata Management Act 2004, and a liquidator appointed for that subsidiary management corporation; and [47/2004 wef 01/04/2005] (d) in relation to the common property of any building sold under Part IV of the Housing and Development Act (Cap. 129), means the Town Council which is liable for the maintenance and management of such common property; “package”, in relation to any pesticide or vector repellent, means — (a) any box, packet or other article in which one or more containers of the pesticide or vector repellent are or are to be enclosed; and, (b) where any such box, packet or other article is or is to be itself enclosed in one or more boxes, packets or other articles, includes each of such boxes, packets or articles; “pesticide” means any solid, liquid or gaseous substance or mixture or preparation of such substances which contains one or more active ingredients and which is used for vector control, but does not include any fumigant controlled under the Hydrogen Cyanide (Fumigation) Act (Cap. 132); “premises” means messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, Control of Vectors and Pesticides2002 Ed. CAP. 59 6 Informal Consolidation – version in force from 2/1/2011 whether built on or not, whether public or private, and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof used or intended to be used for human habitation or for employment or any other purpose; “registrant” means a person to whom the registration of a pesticide or vector repellent has been granted under section 7; “sell” means to sell by way of retail or wholesale dealing and includes barter, and also includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered or exposed for sale; “supply” includes having in possession for the purpose of supply; “use” includes any act of handling, operating, dispensing, preparation, application, storage and disposal; “vector”means any insect, including its egg, larva and pupa, and any rodent, including its young, carrying or causing, or capable of carrying or causing any disease to human beings; “vector control” means the destruction, or the prevention of the propagation or harbouring, of vectors; “vector control operator” means a person who, in the course of any trade or business, undertakes or engages in vector control work; “vector control technician” means a person who, for reward or under a contract of employment, carries out or supervises the carrying out of any vector control work; “vector control work” means any work carried out for the purpose of vector control; “vector control worker” means any person who, for reward or under a contract of employment, carries out any vector control work under the supervision of a vector control technician; “vector repellent” means any solid, liquid or gaseous substance or mixture or preparation of such substances which contains Control of Vectors and Pesticides7 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 one or more active ingredients and which is used or intended to be used for repelling vectors; “vessel or aircraft” includes any vessel or aircraft of any class or description. [4/2002] Act to bind Government 3. This Act shall bind the Government. PART II ADMINISTRATION OF ACT Administration of Act and appointment of authorised officers, etc. 4.—(1) The Director-General shall be responsible for the administration of this Act, subject to the general or special directions of the Minister. [4/2002] (2) The Director-General may in writing appoint any public officer or any officer of the Agency or of any statutory authority to be an authorised officer for the purposes of this Act. [4/2002] (3) The Director-General may, by instrument in writing under his hand, appoint any person who in his opinion is qualified to carry out any analysis, test or examination or to make any report for the purpose of this Act. [4/2002] (4) The Director-General may, with the approval of the Minister, delegate the exercise of all or any of the powers conferred or duties imposed upon him by this Act to any authorised officer, subject to such conditions or limitations as the Director-General may specify. [4/2002] Control of Vectors and Pesticides2002 Ed. CAP. 59 8 Informal Consolidation – version in force from 2/1/2011 PART III CONTROL OF PESTICIDES AND VECTOR REPELLENTS Pesticides and vector repellents to be registered, etc. 5.—(1) No person shall — (a) advertise any pesticide as being suitable for the purpose of vector control; (b) sell or supply any pesticide for the purpose of vector control; or (c) advertise, sell or supply any substance, mixture or preparation as being suitable for repelling vectors, unless the pesticide, substance, mixture or preparation, as the case may be, is registered under section 7. (2) No person shall sell any pesticide or vector repellent registered under section 7 otherwise than in a container or package to which is affixed or on which is printed a label that has been approved by the Director-General and that shows clearly and distinctly the particulars prescribed by the regulations. [4/2002] (3) No vector control operator, vector control technician or vector control worker shall use any pesticide for the purpose of carrying out any vector control work unless the pesticide is registered under section 7. [6 Application for registration of pesticides and vector repellents 6. An application for the registration of a pesticide or vector repellent shall be made to the Director-General in such form as the Director-General may require and shall be accompanied by — (a) the prescribed fee; (b) such particulars, information and documents as may be prescribed; Control of Vectors and Pesticides9 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 (c) such samples of — (i) the pesticide or vector repellent and its container or package; and (ii) the label that is intended to be used in respect of the pesticide or vector repellent, as the Director-General may require; and (d) if required by the Director-General, a statutory declaration by the applicant verifying any information contained in or relating to the application. [7 [4/2002] Registration of pesticides and vector repellents 7.—(1) On receipt of an application under section 6, the Director General shall consider the application and may — (a) subject to subsection (2), register the pesticide or vector repellent, as the case may be, with or without conditions; or (b) refuse to register the pesticide or vector repellent. [4/2002] (2) The Director-General shall not register any pesticide or vector repellent unless — (a) he is satisfied that the pesticide or vector repellent conforms to the prescribed standards; and (b) he approves of the label that is intended to be used in respect of the pesticide or vector repellent. [4/2002] (3) Where the Director-General has, under subsection (1)(b), refused to register a pesticide or vector repellent, he shall, if requested to do so by the applicant, state in writing the reasons for his refusal. [4/2002] (4) The conditions which the Director-General may impose under subsection (1)(a) shall include — Control of Vectors and Pesticides2002 Ed. CAP. 59 10 Informal Consolidation – version in force from 2/1/2011 (a) any condition restricting either or both — (i) the use of any pesticide for the purpose of vector control; and (ii) the persons or class of persons by whom any pesticide may be used for the purpose of vector control; and (b) any condition concerning the particulars to be shown on the label which is to be printed on or affixed to the container or package in which any pesticide or vector repellent is to be sold or supplied. [4/2002] (5) The Director-General may at any time vary or revoke any of the existing conditions imposed under subsection (1)(a) or impose new conditions. [4/2002] (6) Upon registering a pesticide or vector repellent, the Director General shall — (a) assign a registration number to the pesticide or vector repellent; (b) issue a certificate of registration to the registrant; and (c) make a record of the registration of the pesticide or vector repellent in the register to be maintained by him under section 9. [4/2002] (7) The registration of a pesticide or vector repellent shall take effect from the date stated in the certificate of registration and shall remain in force until it is cancelled under section 10. [8 Registration mark 8.—(1) Where a pesticide or vector repellent has been registered by the Director-General under section 7, the registrant shall cause a registration mark to be shown clearly and in a conspicuous position on the label on every container or package in which the pesticide or vector repellent is to be sold or supplied. [4/2002] Control of Vectors and Pesticides11 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 (2) The registration mark shall be in such form and shall contain such particulars as the Director-General may determine. [9 [4/2002] Register of pesticides and vector repellents 9.—(1) The Director-General shall maintain, in such form as he thinks fit, a register of all pesticides and vector repellents which have been registered under section 7. [4/2002] (2) Any person may, on payment of the prescribed fee, inspect the register at any time during office hours. [10 Cancellation of registration of pesticide or vector repellent 10.—(1) The Director-General may, subject as hereinafter provided, cancel the registration of a pesticide or vector repellent if he is satisfied — (a) having regard to any information received by him subsequent to the registration of the pesticide or vector repellent concerning the effects thereof, that the hazards arising from the use of the pesticide for the purpose of vector control, or from the use of the vector repellent for the purpose of repelling vectors, outweigh the advantages thereof; (b) that the pesticide or vector repellent is not being prepared in accordance with the particulars registered in respect of the pesticide or vector repellent, as the case may be; (c) that the pesticide or vector repellent no longer conforms to the prescribed standards; (d) that the pesticide or vector repellent is no longer available for purchase in Singapore; (e) that the registrant has procured the registration of the pesticide or vector repellent by providing any particulars, information or document or making any statement or representation, which is false; Control of Vectors and Pesticides2002 Ed. CAP. 59 12 Informal Consolidation – version in force from 2/1/2011 (f) that the registrant has failed to comply with any of the conditions subject to which the pesticide or vector repellent has been registered; (g) that the container or package in which the pesticide or vector repellent is being sold or supplied or the label printed thereon or affixed thereto does not comply with the prescribed requirements; (h) that the pesticide or vector repellent is being advertised in a manner that is false, misleading or deceptive; or (i) that the registrant has contravened any of the provisions of this Act. [4/2002] (2) Before cancelling the registration of a pesticide or vector repellent, the Director-General shall serve a notice in writing on the registrant requiring him, within such time as may be specified in the notice, to show cause to the Director-General as to why the registration of the pesticide or vector repellent should not be cancelled. [4/2002] (3) If the registrant fails to show cause as mentioned in subsection (2) within the specified time or within such further period as the Director-General may allow, the Director-General may, if he thinks fit, cancel the registration of the pesticide or vector repellent as from a date to be specified by him. [4/2002] (4) If the registrant complies with the notice, the Director-General shall consider any representations or submissions made to him by or on behalf of the registrant, and if the Director-General is satisfied as to any of the matters referred to in subsection (1), he may — (a) cancel the registration of the pesticide or vector repellent as from a date to be specified by him; or (b) allow the registration of the pesticide or vector repellent to continue, subject to such terms and conditions as he may specify. [4/2002] Control of Vectors and Pesticides13 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 (5) Where the Director-General — (a) cancels the registration of a pesticide or vector repellent under subsection (3) or (4)(a); or (b) allows the registration of a pesticide or vector repellent to continue subject to terms and conditions under subsection (4)(b), the Director-General shall, as soon as possible, inform the registrant thereof in writing. [11 [4/2002] Removal of registration marks, surrender of stocks, etc., upon cancellation of registration 11. Upon the cancellation of the registration of a pesticide or vector repellent — (a) the person to whom the registration was granted shall, unless the Director-General otherwise directs, immediately take such steps as are reasonable and necessary to have the registration mark removed, cancelled or obliterated from every container, package or label on which he has printed or caused to be printed or to which he has affixed or caused to be affixed, the registration mark; and (b) the Director-General may, in his discretion, by notice in writing addressed to the person to whom the registration was granted, require such person to recall all stocks, or to cease the sale, supply or distribution, of that pesticide or vector repellent within such time as the Director-General may specify in the notice. [12 [4/2002] Appeals 12.—(1) Any person who is aggrieved by — (a) the imposition of any condition by the Director-General under section 7(1)(a) or (4) or section 10(4)(b); Control of Vectors and Pesticides2002 Ed. CAP. 59 14 Informal Consolidation – version in force from 2/1/2011 (b) the refusal of the Director-General to register a pesticide or vector repellent under section 7(1)(b); or (c) the decision of the Director-General to cancel the registration of a pesticide or vector repellent under section 10(3) or (4)(a), may, within 14 days of the date of receipt of the notice informing him of such imposition of the condition, refusal or cancellation, as the case may be, appeal in writing to theMinister whose decision shall be final. [4/2002] (2) Notwithstanding that any appeal under subsection (1) is pending — (a) any condition imposed by the Director-General under section 7(1)(a) or (4) or section 10(4)(b); or (b) the cancellation of the registration of a pesticide or vector repellent under section 10(3) or (4)(a), shall take effect from the date specified by the Director-General, unless the Minister otherwise directs. [13 [4/2002] Power to take samples of pesticides and vector repellents for analysis and to detain consignment 13.—(1) Where the Director-General or an authorised officer knows or has reason to believe that any pesticide or vector repellent is being stored on any premises, vessel or aircraft, he may, for the purpose of ascertaining whether such pesticide or vector repellent is in contravention of this Act — (a) enter such premises, vessel or aircraft at all reasonable times, to take, without payment, any reasonable sample of any pesticide or vector repellent (including the container and package thereof) found stored thereon for analysis or testing; and (b) seize or detain under normal storage conditions or take any necessary measures to prevent the removal or disposal of the Control of Vectors and Pesticides15 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 whole consignment from which the sample is taken until a report of the result of the analysis or test is obtained. [4/2002] (2) Where the Director-General or an authorised officer has seized or detained or taken measures to prevent the removal or disposal of any consignment of pesticides or vector repellents under subsection (1)(b), the Director-General or authorised officer, as the case may be, shall immediately give notice in writing to — (a) the owner; (b) the consignor or consignee of the consignment; or (c) the agent of such owner, consignor or consignee, if the name and address of such owner, consignor, consignee or agent are known. [4/2002] (3) Any person aggrieved by any action taken by the Director General or an authorised officer under subsection (1)(b) may, within 14 days thereof, appeal to the Minister whose decision shall be final. [4/2002] (4) No person shall — (a) without the authority of the Director-General or an authorised officer tamper with, remove, distribute, sell or otherwise dispose of, the whole or any part of a consignment in respect of which he knows or ought reasonably to know that the Director-General or an authorised officer has taken any action under subsection (1)(b); or (b) alter, counterfeit, deface, destroy, erase or remove any identification mark, label or seal affixed by the Director General or an authorised officer to the consignment. [4/2002] (5) The Director-General or an authorised officer may by notice require the owner, consignor or consignee of the consignment from which any sample is taken under subsection (1)(a) or the agent of such person — (a) to submit, at his own expense, the sample to an approved laboratory for the purpose of analysis or testing; and Control of Vectors and Pesticides2002 Ed. CAP. 59 16 Informal Consolidation – version in force from 2/1/2011 (b) to produce the report of analysis or testing issued by the approved laboratory. [4/2002] (6) Where — (a) the result of the analysis or testing of the sample conducted under subsection (1)(a) or (5) confirms that the sample is not in contravention of this Act; or (b) the Minister on an appeal under subsection (3) so directs, the Director-General or an authorised officer, as the case may be, shall immediately release the consignment. [4/2002] (7) Where the result of the analysis or testing of the sample conducted under subsection (1)(a) or (5) confirms that the sample is in contravention of this Act, the Director-General or an authorised officer, as the case may be, may direct the owner, consignor or consignee of the consignment or the agent of such person to treat or destroy or otherwise dispose of such consignment, at the expense of such owner, consignor or consignee or agent thereof, in such manner as the Director-General or authorised officer thinks fit. [4/2002] (8) Where a person to whom a direction under subsection (7) is given fails to comply with that direction, the Director-General or an authorised officer may take such steps as he thinks fit to — (a) secure the treatment, destruction or disposal of the consignment to which the direction relates; and (b) recover any costs and expenses reasonably incurred by him from that person in accordance with section 40. [14 [4/2002] Penalty under this Part 14. Any person who fails to comply with any notice (except a notice under section 10) or order made under, or contravenes any of the provisions of, this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a second or Control of Vectors and Pesticides17 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both. [15 PART IV DESTRUCTION OF VECTORS Prohibition on creating conditions favourable to vectors 15.—(1) No person shall create or cause or permit to be created any condition favourable to the propagation or harbouring of vectors. (2) Every person shall comply with all such reasonable directions as may be given by the Director-General or any authorised officer with a view to ensuring that such conditions do not arise or with a view to terminating such conditions. [4/2002] (3) Such directions may be given to the owner or occupier of any premises, vessel or aircraft and to any person therein, including the agents and servants of such owner or occupier. (4) If in any proceedings for a contravention of subsection (1) it is shown that the condition on any premises, vessel or aircraft is favourable to the propagation or harbouring of vectors, it shall be presumed, unless the contrary is proved, that the condition is created, or caused or permitted to be created by the owner or occupier of such premises, vessel or aircraft. [16 Prohibition on breeding, etc., of vectors without Director General’s permission 16.—(1) No person shall breed, keep, collect, distribute, sell, import or export any vectors without the permission in writing of the Director-General. [4/2002] (2) An application for the Director-General’s permission to breed, keep, collect, distribute, sell, import or export any vectors shall be Control of Vectors and Pesticides2002 Ed. CAP. 59 18 Informal Consolidation – version in force from 2/1/2011 made in such form and shall state such particulars as the Director General may require. [4/2002] (3) The Director-General may, in his discretion, refuse the application without assigning any reason. [4/2002] (4) The Director-General shall not grant his permission to any person to breed, keep, collect, distribute, sell, import or export any vectors unless the Director-General is satisfied that the application has been made for a scientific purpose or for purposes of education or research or for such other purpose as may be acceptable to the Director-General. [4/2002] (5) The Director-General may, in granting his permission to any person to breed, keep, collect, distribute, sell, import or export any vectors, impose such conditions as the Director-General thinks fit. [4/2002] (6) The Director-General may, in his discretion, revoke his permission granted under this section at any time without assigning any reason. [17 [4/2002] Powers of Director-General to direct taking of measures 17.—(1) Where it appears to the Director-General that any premises, vessel or aircraft or anything therein is or may become favourable to the propagation or harbouring of vectors, the Director General may, make an order in writing addressed to the owner or occupier of such premises, vessel or aircraft. [4/2002] (2) The order made under subsection (1) may direct the owner or occupier to carry out such vector control work or to take such measure, as may be specified in the order, with regard to the premises, vessel or aircraft for the treatment, destruction or removal of anything therein as may bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors. Control of Vectors and Pesticides19 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 (3) The Director-General may, in any such order, direct — (a) that such vector control work or any other specified measure shall be commenced on or before a specified date and shall be completed within a specified period; (b) that such vector control work or any other specified measure shall be taken at specified intervals over a specified period of time; (c) that such vector control work or any other specified measure shall be commenced within a specified period of time and continued until such time as the premises, vessel or aircraft or anything therein is no longer favourable to the propagation or harbouring of vectors; (d) that any work being carried out on the premises, vessel or aircraft shall be stopped either indefinitely or until such time as the vector control work or specified measure has been taken to bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors; or (e) that such vector control work or any other specified measure shall be carried out by a registered vector control operator or a licensed vector control technician. [4/2002] (4) The Director-General may, by order in writing, direct the occupier of any premises, vessel or aircraft to cover, within a specified time, and keep continuously covered any specified tank, cistern, receptacle or any manner of container in or appertaining to the premises, vessel or aircraft, so that vectors shall be unable to enter therein, and where any premises, vessel or aircraft is unoccupied, such order may be addressed to the owner thereof as if he were the occupier. [4/2002] (5) In particular and without prejudice to the generality of the powers under this section, the Director-General may, in any such order, direct the owner or occupier of any premises to — (a) drain any land in accordance with such specifications or in such manner specified in the order; or (b) fill up inequalities in the surface thereof to a specified level, Control of Vectors and Pesticides2002 Ed. CAP. 59 20 Informal Consolidation – version in force from 2/1/2011 so as to prevent the breeding of vectors or so as to keep the land permanently free from standing water to an extent specified in the order. [4/2002] (6) Notwithstanding subsections (1), (4) and (5), the Director General may, in his discretion, and if in his opinion the circumstances so warrant, himself cause any measure or work specified in those subsections to be carried out and recover the costs and expenses incurred by him from the owner or occupier of the premises, vessel or aircraft, as the case may be. [4/2002] (7) Where an order served under subsection (1) requires that any work being carried out on the premises, vessel or aircraft shall be stopped, and the owner or occupier of the premises, vessel or aircraft on whom the order was served fails to comply with such requirements, the Director-General may make a complaint to a Magistrate’s Court. [4/2002] (8) The Magistrate’s Court may, upon application by the Director General, make a summary order for the ejectment of any person found carrying out or likely to carry out such work on the premises, vessel or aircraft. [4/2002] (9) Any person who is aggrieved by any order made by the Director General under this section may, within 3 days of such order, appeal in writing to the Minister. [4/2002] (10) Notwithstanding that any appeal under subsection (9) is pending, an order made by the Director-General under this section shall take effect from the date stated therein, unless the Minister otherwise directs. [4/2002] (11) The Minister may, on an appeal made under subsection (9), confirm, vary or rescind the order or make any other order which the Director-General is competent to make under this Act, and the decision of the Minister shall be final. [18 [4/2002] Control of Vectors and Pesticides21 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 Enforcement of order under section 17 18. If the owner or occupier of any premises, vessel or aircraft on whom an order made under section 17 has been served fails to comply with the terms thereof, the Director-General or an authorised officer may — (a) enter such premises, vessel or aircraft with such assistants and things as are necessary; and (b) perform and do such acts and things as are necessary or as are required by the order to be performed or done and recover the costs and expenses thereof, if any, from the owner or occupier of the premises, vessel or aircraft. [19 [4/2002] Prohibition on clearing undergrowth or vegetation under certain circumstances 19. Where on any land there is any stream or seepage or running or standing water to which shade may be afforded by the development of undergrowth or other vegetation, no person shall cut down or clear or cause or permit to be cut down or cleared any undergrowth or vegetation within 6 metres of any such stream or seepage or running or standing water without the prior approval of the Director-General. [20 [4/2002] Medical examination of persons suspected of being infected with vector-borne disease 20. The Director-General may, by notice in writing, require any person suspected of being infected with vector-borne disease to submit to medical examination and have his blood sample taken for examination within the time specified in such notice, and if the person is found to be infected, the Director-General may require the person to undergo treatment. [21 [4/2002] Control of Vectors and Pesticides2002 Ed. CAP. 59 22 Informal Consolidation – version in force from 2/1/2011 Spraying or fogging with pesticide 21.—(1) The Director-General may, by notice in writing, require the owner or occupier of any premises, vessel or aircraft or any pond, well, pool or other body of water, to carry out the spraying or fogging thereof with any form of pesticide within the time specified in such notice. [4/2002] (2) Notwithstanding subsection (1), the Director-General may, if he considers necessary, himself carry out such spraying or fogging and recover any costs or expenses incurred by him from the owner or occupier of the premises, vessel or aircraft or pond, well, pool or other body of water, as the case may be. [4/2002] (3) No person shall remove or render less effective any pesticide so sprayed or fogged under subsection (1) or (2). [22 Power to require information 22. If, in the opinion of the Director-General, there is reasonable ground for suspecting that any person is in possession of information relating to the propagation of vectors or of the occurrence of any vector-borne disease, the Director-General may require that such information be produced to him, whether immediately or within such time as he may specify. [23 [4/2002] Penalty under this Part 23. Any person who fails to comply with any notice or order made under, or contravenes any of the provisions of, this Part shall be guilty of an offence and shall be liable on conviction — (a) in the case of an offence under section 17, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and Control of Vectors and Pesticides23 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 (b) in any other case, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [24 PART V CONTROL OF VECTOR CONTROL OPERATORS, TECHNICIANS AND WORKERS Vector control operators to be registered 24. No person shall — (a) in the course of any trade or business, undertake or engage in vector control work; or (b) advertise or otherwise hold himself out as a vector control operator, unless he is registered as a vector control operator under this Act. [25 Vector control technicians to be licensed 25. No person shall act as or carry out the work of a vector control technician unless he is licensed or provisionally licensed as a vector control technician under this Act. [26 Vector control workers to be certified 26. No person shall act as or carry out the work of a vector control worker unless he is certified or provisionally certified as a vector control worker under this Act. [27 Control of Vectors and Pesticides2002 Ed. CAP. 59 24 Informal Consolidation – version in force from 2/1/2011 Vector control operator to employ licensed vector control technicians and certified vector control workers to carry out vector control work 27. A registered vector control operator shall not employ or engage any person — (a) to carry out the work of a vector control technician unless that person has been licensed or provisionally licensed as a vector control technician under this Act; or (b) to carry out the work of a vector control worker unless that person has been certified or provisionally certified as a vector control worker under this Act. [28 Vector control technicians to be assisted only by certified vector control workers 28. A vector control technician who is licensed or provisionally licensed under this Act shall not allow any person to assist him, or to partake, in the carrying out of any vector control work unless that person has been certified or provisionally certified as a vector control worker under this Act. [29 Application for registration, licence and certificate 29.—(1) A person who desires to be — (a) registered as a vector control operator; (b) licensed as a vector control technician; or (c) certified as a vector control worker, under this Act may apply to the Director-General in such form or manner as the Director-General may require. [4/2002] (2) An application made under subsection (1) shall be accompanied by — (a) the prescribed fee; and Control of Vectors and Pesticides25 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 (b) such particulars, information and documents as the Director General may require. [4/2002] (3) Subject to subsections (4) and (5), the Director-General, upon receiving an application under subsection (1), may — (a) grant the registration, licence or certificate applied for either unconditionally or subject to such conditions as the Director General thinks fit; or (b) refuse the application. [4/2002] (4) The Director-General shall not — (a) register an applicant as a vector control operator unless the Director-General is satisfied that the applicant is a fit and proper person to be so registered; or (b) grant a vector control technician’s licence or a vector control worker’s certificate to an applicant unless the Director General is satisfied that the applicant — (i) possesses the prescribed qualifications or practical experience; and (ii) is sufficiently competent, and in all other respects a fit and proper person, to be entrusted to carry out the work of a vector control technician or a vector control worker, as the case may be. [4/2002] (5) Notwithstanding subsection (4)(b), where — (a) an applicant for a vector control technician’s licence or a vector control worker’s certificate does not possess the requisite qualification or practical experience; or (b) the Director-General is not satisfied that such applicant is sufficiently competent to be entrusted to carry out the work of a vector control technician or a vector control worker, as the case may be, Control of Vectors and Pesticides2002 Ed. CAP. 59 26 Informal Consolidation – version in force from 2/1/2011 the Director-General, instead of refusing the application, may require the applicant to undergo such training and to take and successfully complete such tests as the Director-General may specify. [4/2002] (6) For the purpose of subsection (5), the Director-General may, subject to such conditions as he thinks fit, grant a provisional vector control technician’s licence or a provisional vector control worker’s certificate to the applicant to enable him to carry out the work of a vector control technician or a vector control worker, as the case may be, while undergoing training. [4/2002] (7) The Director-General may at any time vary or revoke any of the existing conditions imposed under subsection (3)(a) or (6) or impose new conditions. [4/2002] (8) Where the Director-General has, under subsection (3)(b), refused any application, he shall, if requested to do so by the applicant, state in writing the reasons for his refusal. [4/2002] (9) Where a person is registered as a vector control operator under this section, the Director-General shall issue a certificate of registration to that person and the certificate or a certified copy thereof shall be exhibited in a conspicuous place at the principal place of business of that person and at every other place where that person carries on business. [30 [4/2002] Duration and renewal of registration, licence or certificate 30.—(1) Subject to section 31 — (a) the registration of a vector control operator; (b) a vector control technician’s licence; and (c) a vector control worker’s certificate, granted under section 29(3)(a) shall each be valid for a period of 3 years from the date of the grant and subject to the provisions of this Act, may each be renewed upon its expiry. Control of Vectors and Pesticides27 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 (2) Subject to section 31 — (a) a provisional vector control technician’s licence; and (b) a provisional vector control worker’s certificate, granted under section 29(6) shall each be valid for a period of 9 months from the date of the grant and subject to the provisions of this Act, may each be renewed upon its expiry. (3) Section 29(2) to (9) shall apply, with the necessary modifications, to an application for the renewal of — (a) the registration of a vector control operator; (b) a vector control technician’s licence; or (c) a vector control worker’s certificate. [31 Suspension and cancellation of registration, licence or certificate 31.—(1) The Director-General may suspend or cancel the registration of a vector control operator, a vector control technician’s licence or a vector control worker’s certificate if the Director-General is satisfied that — (a) the grant of the registration, licence or certificate has been obtained by fraud or misrepresentation; (b) the person to whom the registration, licence or certificate has been granted is contravening, or has contravened or failed to comply with — (i) any of the provisions of this Act; (ii) any condition subject to which the registration, licence or certificate, as the case may be, was granted to him; or (iii) any direction given to him by the Director-General or an authorised officer under this Act; (c) the person to whom the registration, licence or certificate has been granted has ceased to carry on business as a vector Control of Vectors and Pesticides2002 Ed. CAP. 59 28 Informal Consolidation – version in force from 2/1/2011 control operator or a vector control technician or a vector control worker, as the case may be; (d) in the case of a person who has been granted a provisional vector control technician’s licence or a provisional vector control worker’s certificate, that person has failed to complete the training referred to in section 29(6); or (e) it is in the public interest to suspend or cancel the registration, licence or certificate. [4/2002] (2) The Director-General, before suspending or cancelling any registration, licence or certificate under subsection (1), shall — (a) give to the person to whom the registration, licence or certificate has been granted notice in writing of his intention to do so; and (b) in the notice referred to in paragraph (a) call upon that person to show cause within such time as may be specified in the notice as to why his registration, licence or certificate should not be suspended or cancelled. [4/2002] (3) If the person to whom a notice has been given under subsection (2) — (a) fails to show cause within the period of time given to him to do so or such extended period of time as the Director-General may allow; or (b) fails to show sufficient cause, the Director-General shall give notice in writing to that person of the date from which the suspension or cancellation of his registration, licence or certificate, as the case may be, is to take effect. [4/2002] (4) For the purposes of section — (a) any reference to a vector control technician’s licence shall be read as including a reference to a provisional vector control technician’s licence; and Control of Vectors and Pesticides29 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 (b) any reference to a vector control worker’s certificate shall be read as including a reference to a provisional vector control worker’s certificate. [32 Appeals 32.—(1) Any person who is aggrieved by — (a) the imposition of any condition by the Director-General in granting or renewing any registration, licence or certificate under section 29 or 30; (b) the refusal of the Director-General to grant or renew any registration, licence or certificate under section 29 or 30; or (c) the decision of the Director-General to suspend or cancel any registration, licence or certificate under section 31, may, within 14 days of the date of receipt of the notice informing him of such imposition of conditions, refusal, suspension or cancellation, as the case may be, appeal in writing to the Minister whose decision shall be final. [4/2002] (2) Notwithstanding that any appeal under subsection (1) is pending, any condition imposed by the Director-General under section 29 or 30 shall take effect from the date specified by the Director-General, unless the Minister otherwise orders. [4/2002] (3) If within the period referred to in subsection (1) the person whose registration, licence or certificate has been suspended or cancelled by the Director-General gives due notice of appeal to the Minister, the suspension or cancellation of his registration, licence or certificate, as the case may be, shall not take effect unless it is confirmed by the Minister or the appeal is for any reason dismissed by the Minister. [4/2002] (4) For the purposes of this section — (a) any reference to a licence shall be read as including a reference to a provisional vector control technician’s licence; and Control of Vectors and Pesticides2002 Ed. CAP. 59 30 Informal Consolidation – version in force from 2/1/2011 (b) any reference to a certificate shall be read as including a reference to a provisional vector control worker’s certificate. [33 Register of vector control operators, vector control technicians and vector control workers 33.—(1) The Director-General shall maintain, in such form as he thinks fit, a register of all registered vector control operators, licensed and provisionally licensed vector control technicians and certified and provisionally certified vector control workers. [4/2002] (2) Any person may, on payment of the prescribed fee, inspect the register at any time during office hours. [34 Penalty under this Part 34. Any person who contravenes any of the provisions of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both. [35 PART VI MISCELLANEOUS Power to enter premises, vessel or aircraft 35.—(1) The Director-General or authorised officer may, with or without assistants, for the purposes of this Act, enter any premises, vessel or aircraft in order to make any survey, inspection or search or to execute any works authorised by this Act. [4/2002] (2) Any Medical Officer of Health may — (a) medically examine any person in the premises, vessel or aircraft for the purpose of ascertaining whether that person is Control of Vectors and Pesticides31 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 suffering from, or has recently suffered from, or is a carrier of, any vector-borne disease, or whether that person has been recently exposed to infection by any such disease; (b) medically treat any person residing in the premises, vessel or aircraft who is suffering from any vector-borne disease; and (c) cause a post-mortem examination to be made on any corpse found in the premises, vessel or aircraft for the purpose of ascertaining whether the cause of death has been due to any vector-borne disease. (3) No person shall, except with the consent of the occupier thereof, enter any dwelling-house by virtue of the powers conferred by this section without at least 12 hours previous notice being given to the occupier thereof, if any. (4) The owner or occupier of any premises, vessel or aircraft, as the case may be, shall supply all such information as the Director-General or any authorised officer may require or consider to be reasonably necessary for the purpose of this section. [36 [4/2002] Director-General may act in cases of emergency 36. In cases of emergency the Director-General may direct the immediate execution of any work or the doing of any act being any work or act authorised under this Act which is in the opinion of the Director-General necessary for public health or for the safety of the public. [37 [4/2002] Owner and occupier to protect works 37.—(1) Where the Director-General or any department of the Government has constructed any works with the object of preventing the breeding of vectors, the owner or occupier of the premises on which the works stand shall prevent the premises from being used in any manner that — (a) is likely to cause the deterioration of the works; or Control of Vectors and Pesticides2002 Ed. CAP. 59 32 Informal Consolidation – version in force from 2/1/2011 (b) is likely to lessen the efficiency of the works. [4/2002] (2) Where any such premises are used in such a manner as to cause the deterioration of, or to lessen the efficiency of, the works — (a) the owner or occupier of such premises shall, subject to subsection (4), be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000; and (b) the Director-General may enter the premises with such assistants and things as are necessary and execute any necessary repairs or works thereon and recover from the person convicted the costs and expenses incurred in connection with the repairs or works. [4/2002] (3) Before any proceedings are taken under this section, the Director-General shall give to the owner or occupier, as the case may be, notice in writing specifying — (a) what the Director-General requires to be done or not to be done; and (b) the time within which the notice is to be complied with. [4/2002] (4) If the owner of such premises is, by reason of any contract (not being a contract made with an intention to evade liability under this section), prevented from entering the premises to carry out the duties and obligations mentioned in subsection (1), he shall not be liable to any of the penalties mentioned in subsection (2) unless it can be shown that he has contributed in any way to the refusal or failure of the occupier to carry out such duties and obligations. [38 Penalty for damaging, etc., works 38.—(1) Any person who, without the consent of the Director General, interferes with, damages, injures, destroys or renders useless any works executed or any materials or things placed in, under or upon any premises by or under the order of the Director-General, shall Control of Vectors and Pesticides33 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [4/2002] (2) The Director-General may in addition recover from the person convicted any costs and expenses incurred in connection with the re execution of the works or the replacement of the materials or things so interfered with, damaged, injured, destroyed or rendered useless. [39 [4/2002] Damage to property of Agency to be made good in addition to penalty 39.—(1) If through any act, neglect or default on account whereof any person has incurred any penalty under this Act any damage is caused by that person to property belonging to the Agency, he shall be liable to make good the damage as well as to pay the penalty. [4/2002] (2) The amount of such damage shall, in case of dispute, be determined by the court by which the person incurring the penalty was convicted. (3) The amount of the damage shall be recovered as if it were a fine imposed by the court. [40 Compensation, damages, fees, costs and expenses to be determined by Court 40.—(1) Except as otherwise provided in this Act, in all cases when compensation, damages, fees, costs and expenses are by this Act directed to be paid, the amount and, if necessary, the apportionment of the same and any question of liability shall, in case of dispute or failure to pay, be summarily ascertained and determined by a District Court. (2) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay such amount within 14 days after demand, such amount may be reported to a District Court and recovered in the same manner as if it were a fine imposed by a District Court. Control of Vectors and Pesticides2002 Ed. CAP. 59 34 Informal Consolidation – version in force from 2/1/2011 (3) An appeal shall lie to the High Court from any decision of a District Court under this section, and the provisions of the Criminal Procedure Code (Cap. 68) shall apply, with the necessary modifications, to all such appeals. [41 Recovery of costs and expenses by instalments 41.—(1) Where the Director-General has incurred costs and expenses in connection with the execution of any works, which are, under this Act, payable by or recoverable from the owner or occupier of any premises, vessel or aircraft, as the case may be, the Director General may, if he thinks fit, obtain an undertaking from such owner or occupier for the payment of such instalments as will be sufficient to defray the whole amount of such costs and expenses. [4/2002] (2) Upon default in payment of any instalment upon the date appointed for payment thereof by any such undertaking, the whole of the balance then outstanding of such amount shall immediately become due and payable and, notwithstanding any change in the ownership or occupation of the premises, vessel or aircraft since the date of the undertaking, may be recovered by the same means and in the like manner as provided in section 40. [42 Fees, etc., payable to Agency 42. All fees, charges, composition fines and moneys collected under this Act shall be paid to the Agency. [42A [4/2002] Liability of transferor of property 43. Where a person sells or transfers any property in respect of which costs and expenses have been incurred by the Agency in or about the execution of any works required to be done under this Act and the costs and expenses are recoverable under this Act from the owner thereof, the person shall continue to be liable for the payment of all the costs and expenses payable in respect of the property and for the performance of all other obligations imposed by this Act upon the Control of Vectors and Pesticides35 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 owner of the property which became payable or were required to be performed prior to the transfer. [4/2002] Persons unable to meet necessary expenditure 44. If it appears to the Director-General after due enquiry that any person has not the means to meet the necessary expenses of doing anything required to be done by him under this Act, the necessary expenses may be paid out of the funds of the Agency. [4/2002] Obstructing or hindering Director-General, etc., in performance of duties 45. Any person who obstructs or hinders the Director-General or any police officer or authorised officer or any other person acting under the direction of the Director-General, in the performance or execution of his duty or anything which he is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both. [4/2002] Notice to attend court 46.—(1) Where it appears to the Director-General or any police officer or authorised officer that any person has committed an offence under this Act, the Director-General, police officer or authorised officer may, in his discretion, serve upon the person a notice in such form as may be prescribed requiring the person to attend at the court, at the hour and on the date specified in the notice. [4/2002] (2) The Director-General, police officer or authorised officer shall prepare a duplicate of the notice referred to in subsection (1) and, if so required by a court, produce the same to the court. [4/2002] (3) On an accused person appearing before a court in pursuance of such a notice, the court shall take cognizance of the offence alleged and shall proceed as though he were produced before the court under section 153 of the Criminal Procedure Code 2010. [15/2010 wef 02/01/2011] Control of Vectors and Pesticides2002 Ed. CAP. 59 36 Informal Consolidation – version in force from 2/1/2011 (4) If a person, upon whom such a notice has been served, fails to appear before a court in accordance therewith, the court shall thereupon issue a warrant for the arrest of that person. (5) Upon a person arrested in pursuance of a warrant issued under subsection (4) being produced before a court, the court shall — (a) proceed as though he were produced under section 153 of the Criminal Procedure Code 2010; and [15/2010 wef 02/01/2011] (b) at the conclusion of the proceedings, call upon him to show cause why he should not be punished for failing to attend in compliance with the notice served upon him and, if cause is not shown, may order him to pay such fine not exceeding $2,000 as the court thinks fit or may commit him to prison for a term not exceeding 2 months. Power of arrest 47.—(1) The Director-General, police officer or authorised officer may arrest without warrant any person committing in his view or who he has reason to believe has committed any offence under this Act if — (a) the name and address of the person are unknown to him; (b) the person omits or refuses to give his name and address or to furnish such other proof of identity as may be required; or (c) the person gives a name or an address or any proof of identity which the Director-General, police officer or authorised officer has reason to believe is false. [4/2002] (2) A person arrested under this section may be detained until his name and address are correctly ascertained. (3) No person so arrested under this section shall be detained longer than is necessary for bringing him before a court unless the order of a court for his detention is obtained. Control of Vectors and Pesticides37 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 Person charged with offence to furnish particulars if required 48.—(1) Any person who is charged by the Director-General, police officer or authorised officer with any offence under this Act shall give his name and address and such other proof of identity to the Director General, police officer or authorised officer, if so required. [4/2002] (2) The occupier of any premises, vessel or aircraft shall, if required by the Director-General, police officer or authorised officer, give his name and other proof of identity and the name and address of the owner of the premises, vessel or aircraft, if known. [4/2002] (3) Any person who contravenes this section or wilfully mis-states his name and address or the name and address of the owner of any premises, vessel or aircraft shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. Offence by body corporate, etc. 49. Where an offence under this Act has been committed by a body corporate, a partnership or an unincorporated association of persons, any person who, at the time of the commission of the offence, was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity shall be guilty of that offence unless he proves that — (a) the offence was committed without his consent or connivance; and (b) he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. Limitation of liability 50. Except in any case where, by reason of the act or omission complained of, any injury or danger to health subsists at the date of the complaint, no person shall be liable to any fine or penalty under this Act for any offence under this Act unless the complaint respecting the Control of Vectors and Pesticides2002 Ed. CAP. 59 38 Informal Consolidation – version in force from 2/1/2011 offence is made within 12 months after the date of the commission of such offence. Jurisdiction of court 51. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court and a Magistrate’s Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of any offence under this Act. Forfeiture 52. Where any person is convicted of any offence under this Act, the court may order that any article seized under this Act be forfeited to the Agency and may further order that such article be disposed of, under the direction of the Director-General, by the person convicted at his own expense. [4/2002] Composition of offences 53.—(1) The Director-General or any officer authorised in writing in that behalf by the Agency may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $5,000. [4/2002] (2) On payment of such sum of money, no further proceedings shall be taken against such person in respect of the offence. Protection from personal liability 54. No suit or other legal proceedings shall lie against the Director General or authorised officer or any other person acting under the direction of the Director-General for anything which is in good faith done in the execution or purported execution of this Act. [4/2002] Control of Vectors and Pesticides39 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 Receipts, notices, etc. 55.—(1) All notices, orders, receipts, warrants and other documents of whatsoever nature which the Director-General is empowered to give by this Act may be given — (a) in such form as the Director-General may determine; and (b) by any authorised officer. [4/2002] (2) Where any such notice, order, receipt, warrant or document requires authentication — (a) the signature of the Director-General or authorised officer; or (b) a facsimile of the signature of the Director-General or authorised officer, appended thereto shall be sufficient authentication. [4/2002] Service of documents, etc. 56.—(1) Any notice, order or document required or authorised by this Act to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act may be served on the person — (a) by delivering it to the person or to some adult member or employee of his family or household at his last known place of residence; (b) by leaving it at his usual or last known place of residence or business in an envelope addressed to the person; (c) by sending it by registered post addressed to the person at his usual or last known place of residence or business; or (d) in the case of an incorporated company, a partnership or a body of persons — (i) by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or Control of Vectors and Pesticides2002 Ed. CAP. 59 40 Informal Consolidation – version in force from 2/1/2011 (ii) by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business. (2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person at the time when the notice, order, document or summons, as the case may be, would in the ordinary course of post be delivered and in proving service of the notice, order, document or summons it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post. (3) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises, vessel or aircraft or any summons issued by a court against any such owner or occupier in connection with any offence under this Act may be served — (a) by delivering it or a true copy thereof to some adult person on the premises, vessel or aircraft; or (b) if there is no such person on the premises, vessel or aircraft to whom it can with reasonable diligence be delivered, by affixing the notice, order, document or summons to some conspicuous part of the premises, vessel or aircraft. (4) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises, vessel or aircraft or any summons issued by a court against any such owner or occupier in connection with any offence under this Act shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises, vessel or aircraft without further name or description. Inaccuracies in documents, etc. 57.—(1) No misnomer or inaccurate description of any person, premises, building, street, place, vessel or aircraft named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act shall in any way affect the operation of this Act as respects that person, premises, building, street, place, vessel or Control of Vectors and Pesticides41 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 aircraft if that person, premises, building, street, place, vessel or aircraft is so designated in the notice, order or document as to be identifiable. (2) No proceedings taken under or by virtue of this Act shall be invalid for want of form. Evidence of analyst 58.—(1) Subject to subsection (3), a certificate of an analyst appointed under section 4(3) stating that he has analysed, tested or examined any pesticide, vector repellent or other substance or thing and stating the result of his analysis, test or examination shall be admissible in evidence in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis, test or examination. (2) For the purpose of subsection (1), a document purporting to be a certificate referred to in that subsection on its production by the prosecution shall, unless the contrary is proved, be deemed to be such a certificate. (3) A certificate referred to in subsection (1) shall not be received in evidence under that subsection unless the person charged has been given — (a) a copy of the certificate; and (b) notice of the intention of the prosecution to produce the certificate as evidence in the proceedings, not less than 10 clear days before the commencement of the proceedings. (4) Where a certificate of an analyst appointed under section 4(3) is admitted in evidence under subsection (1), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if he had given evidence of the matters stated in the certificate. (5) The contents of any document prepared, issued or served under or for the purposes of this Act shall, until the contrary is proved, be presumed to be correct and the production of any document or book purporting to contain any apportionment made under this Act shall, Control of Vectors and Pesticides2002 Ed. CAP. 59 42 Informal Consolidation – version in force from 2/1/2011 without any other evidence, be received as prima facie evidence of the making and validity of the apportionment mentioned therein. Exemption 59. The Agency may, subject to the general or special directions of the Minister, either permanently or for such period as the Agency thinks fit, exempt any person, premises, vessel or aircraft or any class of persons, premises, vessel or aircraft from any of the provisions of this Act. [4/2002] Regulations 60.—(1) The Agency may, with the approval of the Minister, make regulations for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed. [4/2002] (2) Without prejudice to the generality of subsection (1), the Agency may, with the approval of the Minister, make regulations — (a) prescribing the particulars, information and documents to be furnished with any application made under this Act; (b) prescribing the form to be used for any purpose under this Act; (c) prescribing standards for efficacy and safety of pesticides and vector repellents; (d) prescribing the qualifications and other requirements to be met by any person applying to be registered as a vector control operator or licensed as a vector control technician or certified as a vector control worker; (e) providing for the examination or testing of such applicant, and prescribing the circumstances in which and conditions on which an applicant may be exempted from such examination or testing; (f) prescribing the duties and obligations of registered vector control operators, licensed and provisionally licensed vector Control of Vectors and Pesticides43 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 control technicians and certified and provisionally certified vector control workers; (g) providing for the powers and duties of the Director-General or authorised officers under this Act; (h) prohibiting, controlling or regulating the carrying out of any type of vector control work or the use of any type of pesticide for the purpose of vector control; (i) regulating the storage of pesticides and vector repellents; (j) regulating the disposal of the residues or remnants of any pesticide used in vector control work; (k) imposing temporary restrictions upon the use of any premises, vessel or aircraft on which any vector control work has been carried out, for the purpose of preventing injurious effects which may result from the vector control work or the use of any pesticide in connection therewith; (l) requiring tests to be carried out on any premises, vessel or aircraft on which any vector control work has been carried out, for the purpose of preventing injurious effects which may result from the vector control work or the use of any pesticide in connection therewith; (m) prescribing the manner in which any pesticide or vector repellent is to be contained, packaged and labelled before it is offered for sale or supply; (n) prescribing the procedure for the taking and analysis of samples under this Act; (o) prescribing the fees to be charged for the purposes of this Act; and (p) prescribing the offences which may be compounded and the method and procedure by which such offences may be compounded. [4/2002] (3) The Agency may, with the approval of the Minister, in making any regulations, provide that any contravention of, or failure or neglect to comply with any regulations shall be an offence and may Control of Vectors and Pesticides2002 Ed. CAP. 59 44 Informal Consolidation – version in force from 2/1/2011 prescribe the fine with which such offence shall be punishable, except that no such fine shall exceed for any one offence the sum of $10,000 and, in the case of a continuing offence, the sum of $500 for every day or part thereof during which the offence continues after conviction. [4/2002] (4) All regulations made under this Act shall be presented to Parliament as soon as possible after publication in the Gazette. Transitional provision 61. Any licence, permit, document, application, approval, permission, order, direction, ruling or notice issued, made, given or approved by the Commissioner of Public Health under any provision of this Act immediately before 1st July 2002* shall be deemed to have been issued, made, given or approved under the same provision by the Director-General. [4/2002] *Date of commencement of the National Environment Agency Act 2002 (Act 4 of 2002). Control of Vectors and Pesticides45 CAP. 59 2002 Ed. Informal Consolidation – version in force from 2/1/2011 LEGISLATIVE HISTORY CONTROL OF VECTORS AND PESTICIDES ACT (CHAPTER 59) This Legislative History is provided for the convenience of users of the Control of Vectors and Pesticides Act. It is not part of the Act. 1. Act 24 of 1998 — Control of Vectors and Pesticides Act 1998 Date of First Reading : 1 June 1998 (Bill No. 25/98 published on 2 June 1998) Date of Second and Third Readings : 30 June 1998 Date of commencement : 1 September 1998 2. 1999 Revised Edition — Control of Vectors and Pesticides Act Date of operation : 30 December 1999 3. Act 4 of 2002 — National Environment Agency Act 2002 (Consequential amendments made by) Date of First Reading : 3 May 2002 (Bill No. 13/2002 published on 4 May 2002) Date of Second and Third Readings : 24 May 2002 Date of commencement : 1 July 2002 4. 2002 Revised Edition — Control of Vectors and Pesticides Act Date of operation : 31 December 2002 5. Act 47 of 2004 — Building Maintenance and Strata Management Act 2004 (Consequential amendments made to Act by) Date of First Reading : 6 February 2004 (Bill No. 6/2004 published on 7 February 2004) Date of Second and Third Readings : 19 October 2004 Date of commencement : 1 April 2005 6. Act 15 of 2010 — Criminal Procedure Code 2010 (Consequential amendments made to Act by) Date of First Reading : 26 April 2010 (Bill No. 11/2010 published on 26 April 2010) Informal Consolidation – version in force from 2/1/2011 Date of Second and Third Readings : 19 May 2010 Date of commencement : 2 January 2011 ii Informal Consolidation – version in force from 2/1/2011 COMPARATIVE TABLE CONTROL OF VECTORS AND PESTICIDES ACT (CHAPTER 59) The following provisions in the 1999 Revised Edition of the Control of Vectors and Pesticides Act have been renumbered by the Law Revision Commissioners in this 2002 Revised Edition. This Comparative Table is provided for the convenience of users. It is not part of the Control of Vectors and Pesticides Act. 2002 Ed. 1999 Ed. — 5 (Repealed by Act 4/2002)) 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17—(1) and (2) 18—(1) (3) to (11) (2) to (10) 18 19 19 20 20 21 21 22 22 23 23 24 Informal Consolidation – version in force from 2/1/2011 2002 Ed. 1999 Ed. 24 25 26 27 27 28 28 29 29 30 30 31 31 32 32 33 33 34 34 35 35 36 36 37 37 38 38 39 39 40 40 41 41 42 42 42A Omitted 61 61 62 (Transitional provision) of the National Environment Agency Act 2002 (Act 4/2002) ii Informal Consolidation – version in force from 2/1/2011