WATER POLLUTION CONTROL AND DRAINAGE BILL

Order for Second Reading read.

3.22 p.m.

The Minister for Law and the Environment (Mr E. W. Barker): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The Bill before the House deals with water pollution control, sewerage, drainage and water resources. The Bill is needed because an integrated and comprehensive Water Pollution Control and Drainage legislation is very necessary for the Republic. Since the enactment of the Municipal Ordinance on which the present Local Government Integration Act is based, circumstances and environmental problems have changed. The population has grown and there has been rapid economic and industrial development over the past 10 years. New towns and large numbers of public housing units have been built. There has also been a corresponding increase in the demand for water and, with rising affluence, a demand for a healthier and cleaner environment.

The Government has developed new water catch ment areas and constructed new reservoirs to increase the collection and storage capacity of water in the Republic. It is important that these catchment areas are protected from pollution from farms, households, industries and other activities, otherwise the run-off water would not be suitable for drinking purposes. While the Government will make every effort to ensure that adequate supply of water is available, the provision of sewerage and the control of water pollution must also be given equal priority as sewerage is the most effective method of water pollution control. However, the cooperation of the public is also required to ensure that these sewerage facilities are fully utilised. Until recently, only waste water from the water closets and some industries were discharged into the sewers. We have now required all waste water from premises, including trade effluent, to be discharged into the sewers. This will reduce and minimise the pollution of water in our streams and canals, some of which drain into our reservoirs.

In a small urbanised and industrialised country like ours, frequent and heavy rainfall demands that there must be good drainage. Land development alters the natural topography and affects the run-off characteristics of surface water. More often than not, it will affect drainage and cause flooding. It is therefore essential that there is an effective drainage system to ensure a free flow of water in our drains and canals. The Government is giving priority to drainage projects, and funds will be provided for this purpose.

The present laws governing water pollution control have been found to be inadequate and somewhat obsolete. By updating and extending the existing provisions as well as by incorporating new provisions, this Bill will enable better enforcement of the various sewerage, drainage and water pollution requirements. More broadly, the Bill is designed not only to create and promote a healthy and aesthetic environment but also to conserve our water resources.

The Bill incorporates many of the provisions of the Local Government Integration Act (Cap. 210) and the Environmental Public Health Act (Cap. 155) which deal with matters of sewerage and drainage. The sections of the Acts dealing with sewerage and drainage will be repealed and replaced with more detailed provisions in the Bill. As I have indicated, Sir, the existing Local Government Integration Act does not contain adequate provisions on the control of pollution of water courses and drainage and the departments responsible have been relying on powers vested in other authorities. The Bill will remedy this inadequacy.

The authority for sewerage, drainage and water pollution control will be vested in the Director of Water Pollution Control and Drainage who will also have the powers to control the quality, extraction, storage and use of water in Singapore.

The provisions on drainage empower the authority to construct and maintain any drainage system. There are new provisions which can require owners to execute any drainage work to provide for better drainage. New provisions for the control over earthworks or construction sites which pollute and affect the drains and canals have also been incorporated in the Bill. The authority will have the powers to vest private drains or drainage reserves in the Government which it does not have under the Local Government Integration Act. Another new provision is the control on the erection of structures over drains and canals which may obstruct the flow of water.

Part IV of the Bill deals specifically with Water Pollution Control. A new provision prohibits any person from extracting water from any place without permission. The Public Utilities Board is exempted, of course, from this prohibition on its own property. Another new provision empowers the Minister to make regulations to control the quality, storage and use of water in any water course, river, lake or pond and prohibits the discharge of any pollutant in any such places. In addition, any person who discharges any pollutant into any water course whether wilfully or by accident must report to the authority.

Part V of the Bill deals with sewerage. There are general provisions for the authority to deal with the construction, operation and maintenance of the sewerage system. It covers the collection, treatment and disposal of sewage and trade effluent and the approval and control of such facilities. Under the new provision an owner of a building may be required to construct adequate sewerage system and to provide and maintain sanitary facilities in his premises. The Bill extends control of water pollution into farm areas to protect our water catchments. The Bill further empowers the authority to prohibit the unauthoris- ed discharge of trade effluents into the sewer and to prescribe the charges for the discharge, collection, maintenance and disposal of any waste. Powers are also given to vest any sewerage system and land set aside for a sewerage system in the Government. The construction or erection of any structure across or over a sewer is prohibited under a new provision.

Part VI of the Bill deals with miscellaneous matters such as the issue of mandatory orders, appeals to court, procedures for enforcement of the Bill, compensation, recovery of costs, penalties for the contravention of the provisions of the Bill, exemptions, appeals to the Minister and the making of regulations under the Bill.

Sir, I beg to move.

Question proposed.

Mr Teong Eng Siong: (In Mandarin): Sir, I support this Bill. This Bill is designed to control the pollution of water and to maintain the cleanliness of the drainage and sewerage systems. This Bill has much to do with my constituency because Sembawang is bounded by the sea. Hence the Bill will preserve the cleanliness of the watercourses in my constituency so that we will have a cleaner and healthier living environment.

We know that the Government is allocating millions of dollars every year for the construction of drainage and sewerage systems. Hence many roads have been dug for the purpose, thus causing obstruction to traffic. But for the long-term interest of the country, such inconveniences should be put up with.

All along the Government has been paying great attention to public health. In the past few years there have been several nation-wide campaigns to promote public cleanliness and public health. However, recently there was an epidemic of conjunctivitis. We have also heard of outbreaks of typhoid and other diseases. All these diseases were brought about because of the unhealthy environment and the spreading of germs. Therefore, the Public Health Division should be more concerned with the maintenance of a hygienic environment.

I have also received complaints that there has been an increase in the number of cases of mosquito breeding, particularly on vacant plots of land. This brings about all kinds of diseases to the people. So Health Inspectors should be more effective in their work. We used to see them spraying insecticides on certain places. However, this practice seems to have stopped and this could be the reason for the increased breeding of mosquitoes.

Some people have complained that the Inspectors from the Public Health Division are very arrogant and fault-finding. Let me quote an example. In a certain worksite, certain parts of the land have subsided because of the piling work, causing potholes here and there. One day a Public Health Inspector visited this worksite to carry out an inspection. He saw these potholes and told the foreman whether or not he was aware that it was an offence to leave such potholes in the worksite. The foreman was surprised and asked the Inspector, "What law have I broken?" The Inspector replied, "You have allowed mosquitoes to breed in such potholes." The foreman was even more surprised and asked him, "There are no mosquitoes in these potholes. There is no water in them." The Inspector said, "Stupid. These potholes will collect water when it rains, and therefore mosquitoes , will breed in them. Do you not understand this? Therefore, you must fill them up." The foreman replied that whenever there was piling work there would inevitably be potholes. Nevertheless the Inspector told him to fill up the potholes, otherwise he would issue a summons. The foreman was helpless. The Inspectors from the Public Health Division should not be arrogant. They should be impartial in their attitude so as to gain the cooperation of the people in helping to maintain a healthy environment.

I would like to bring up another matter to the Minister. In my constituency there is a big swampy land along 14 m.s. This swampy land has all along been used as a rubbish dump by people in the surrounding areas. Because of the narrowness of the watercourse, dirty water cannot flow out into the big river, thus causing the water to stagnate. Residents there often complain of mosquito breeding in that place. Now that we have this Bill, the authorities will be in a better position to cope with public health and the environment of the people. I hope the Minister will look into this matter.

Mr L. P. Rodrigo (Serangoon Gardens): Sir, I must say that public interest and anxiety in relation to water conservation, water pollution and drainage are arranged with some coherence in this Bill. Having studied this Bill, I wish to seek some clarification and to invite the Minister to respond with some answers on the matters that I intend to raise.

In clause 5 of the Bill, there is provision for the Director to declare the adoption of private drains. There is also provision for appeal by the person or owner affected. If the grievance is a possibility of loss of land, as would appear to arise under subclause (4) of clause 5 of the Bill, then provision in regard to compensation should have been made here. But there is no reference to compensation in the clause. The question therefore arises as to whether or not the aggrieved owner can make a claim for compensation because clause 39, the section that refers to compensation, makes reference to compensation only when it arises in that particular provision in the Bill.

Secondly, with reference to clause 11 of the Bill which refers to drainage works that the Director can undertake, will notice arise under this provision as much as notice will arise under clause S of the Bill?

Finally, with reference to clause 40 of the Bill, there is provision to allow the occupier or tenant of the premises to undertake drainage works as approved by the Director and to make a claim on the owner for the cost of such work. Provision is also made here for the occupier or tenant to offset against the rental due to the owner of the premises. But such offsetting could be written into an agreement between the tenant and the owner, in which event this would deprive the tenant of the facility to offset under this clause against the rental due to the owner. Is it contemplated in the provision that the Director will claim from the owner the cost of the works undertaken by the tenant? I will appreciate it if the answers to my queries will be accorded by the Minister.

Mr Barker: Sir, if I may first deal with the Member for Sembawang. Earlier in his speech he talked about mosquitoes and then he went on to criticise Health Inspectors for requiring building contractors to fill up potholes.

Many building sites in Singapore have been found to be breeding grounds for mosquitoes. Whenever there are complaints, the Inspectors go down to look for the breeding places and either eradicate them or, if that is not possible, oil the water in which the mosquitoes are breeding.

As for the swamps, this Bill has been drafted to deal with swamps just like those in Sembawang. Let me assure the Member that if he can tell me exactly where the swamp is we will do our best to eradicate mosquitoes breeding thereon.

The Member for Serangoon Gardens sought clarification on certain clauses. If I may start with clause 40. Surely the answer he seeks would depend on the agreement between the owner and the occupier. As for clause 5(4), it ideas with the provision where the Director may cause drains to be constructed after reasonable notice in writing has been given. Clause 5 gives the Director powers to declare under subclause (I) notice of a proposal to the owner or owners of the drain in question for the adoption of the private drain. Subclause (2) gives the owner, aggrieved by the proposal of the Director, a chance to appeal to the Minister. One deals with the drain, the other deals with the grievance. Surely a grievance can arise not only because the Government is taking over the private drain but also because the owner may have other reasons for objecting to Government's proposal.

I could not exactly follow the Member's speech on clause II. If he wants an answer, probably he could stand up and repeal what he has said.

Mr Rodrigo: Sir, if I may first clarify. With regard to clause 5 (4), I was making reference to line 3 where there is a possibility of enlarging the private drain. If it is adopted by the Director, such enlargement, I think, would necessarily mean a loss of land. And if there is loss of land in such a case, will there be any compensation? Matters of compensation as provided for in clause 39 can arise only if they specifically refer to compensation arising from that particular clause 39. But in clause 5 there is no mention of compensation. Therefore, if there is loss of land on the part of the owner due to an enlargement of the drain which has been adopted by the Director, will the owner be entitled to compensation? That is the point that I intended to make in my reference to clause 5.

With regard to clause 11, the only point that I intend to make thereto is this. If any action under clause 11(1) is contemplated by the Director, will any notice be issued to the owner? I ask this question because no mention of notice has been made in this clause.

Mr Barker: As for the first question, Sir, it appears from the Ordinance that the answer is no. As for clause 11, although notice is not specifically provided for or required to be given under clause 11, I assure the Member that such a notice will be given in the ordinary course of business.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [Mr E. W. Barker].

Bill considered in Committee.

[Mr Speaker in the Chair]

3.50 p.m.

Clauses 1 to 28 inclusive ordered to stand part of the Bill.

Clause 29 -

Mr Barker: Sir, I beg to move,

In page 15, line 37, to leave out from "fit" to the end of line 23 in page 16 and insert -

"and charge such fees as may be prescribed therefor.

(2) Such fees shall be payable by the occupier of the premises so served and by the owner thereof when the premises are vacant and shall be recoverable in the manner provided in section 41.".

Sir, this amendment together with the new clauses A and B and the amendment to the First Schedule as shown in the Order Paper Supplement, which I shall be moving shortly, are necessary to remove any ambiguity as to the powers to collect water-borne charges from any premises whether or not they are connected to the sewers and powers to control the discharge of trade effluent into public sewers within limits to be prescribed and subject to the approval of the Director of Water Pollution Control and Drainage. The collection of water-borne charges of all premises is not new. Such fees have been collected since 1970 and the necessity for so doing has been explained to Members by the then Minister for Finance, Dr Goh Keng Swee, in December 1969.

Amendment agreed to.

Clause 29, as amended, ordered to stand part of the Bill.

Clauses 30 to 68 inclusive ordered to stand part of the Bill.

New Clause A - "Discharge of (1) Subject to the provisions subsection (4), trade effluent, trade effluent shall be discharged from any premises into a public sewer without the written consent of the Director. (2) Subject to the provisions of subsection (3), any person who causes' or suffers any trade effluent to enter or pass into any public sewerage system without the written consent of the Director (whether wilfully or by accident) shall forthwith inform the Director of such occurrence. (3) The requirements in subsection (2) may be waived by the Director in any case where the amount of trade effluent is in the opinion of the Director not of a substantial nature. (4) The provisions of subsection (1) shall not apply to such trade effluent as may be prescribed which may be discharged into any public sewerage system without seeking the prior written consent of the Director. (5) If any trade effluent is discharged in contravention of this section or without the consent, if any, as is necessary for the purposes of this Act the occupier of the premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars. (6) Any person who fails to comply with the provisions of subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars.". - [Mr E. W. Barker].

Brought up, and read the First time.

Mr Barker: Sir, I beg to move, "That the clause be read a Second time."

Subclauses (1), (4) and (5) of this new clause amplify other provisions in the Bill in respect of the control of discharge of trade effluent into sewers.

Subclauses (2), (3) and (6) of this new clause reinstate subclauses (4), (5) and (6) of clause 29 as printed in the Bill.

Question put, and agreed to.

Clause read a Second time and added to the Bill.

The Chairman: The new clause will be inserted immediately after clause 29. This will be done.

New Clause B - "Charges to be (1) The Minister may make regulations to levy such levied on sanitary charges as may be prescribed in respect of - appliances, etc. (a) sanitary appliances which are installed in any premises; and (b) the amount of water used in any premises. (2) The charges levied under subsection (I) shall be payable by the occupier of the premises and by the owner thereof when the premises are vacant. (3) The charges shall be payable at such times and in such manner as may be prescribed and shall be recoverable in the manner provided in section 41.". - [Mr E. W. Barker].

Brought up, and read the First time.

Mr Barker: Sir, I beg to move, "That the clause be read a Second time."

This clause is to remove the ambiguity I mentioned earlier regarding the collection of water-borne charges from any premises.

Question put, and agreed to.

Clause read a Second time and added to the Bill.

The Chairman: This new clause will be inserted immediately after new clause A. This will be done.

Amendments will also be made to the numbering of clauses consequent on the addition of the new clauses.

First Schedule -

Mr Barker: Sir, I beg to move,

In page 31, after line 42, to add -

"13. The prescribing of fees for the collection, treatment or disposal of sludge from any premises.".

This item reinstates subclause 2(d) of clause 29 as printed in the Bill.

Amendment agreed to.

First Schedule, as amended, ordered to stand part of the Bill.

Second Schedule ordered to stand part of the Bill.

Bill reported with amendments; read a Third time and passed.

Mr Speaker: Order. I propose to suspend the Sitting now and will take the Chair again at 4.50 p.m.

Sitting accordingly suspended at 4.00 p.m. until 4.50 p.m. Sitting resumed at 4.50 p.m.