Environmental Protection and Management Act 1999 — PART 8: NOISE CONTROL

Sushant Shukla

Part of a comprehensive analysis of the Environmental Protection and Management Act 1999

All Parts in This Series

Regulating Noise and Vibration in Construction and Workplaces: An Analysis of Sections 28 to 30 and 28A of the Environmental Protection and Management Act 1999

The Environmental Protection and Management Act 1999 (EPMA) provides a comprehensive legal framework to control noise and vibration emanating from construction sites and workplaces in Singapore. This article examines the key provisions under Sections 28, 28A, 29, and 30 of the EPMA, elucidating their purposes, definitions, penalties for non-compliance, and the rationale behind these regulatory measures. Understanding these provisions is crucial for construction companies, workplace owners, and occupiers to ensure compliance and mitigate environmental and public health impacts.

Section 28: Director-General’s Authority to Impose Noise and Vibration Control Requirements on Construction Works

Section 28 empowers the Director-General to impose specific requirements on persons carrying out construction or engineering works to control noise and vibration levels. This authority is exercised through written notices that can regulate the type of machinery used, permissible working hours, and acceptable noise or vibration levels.

"28.—(1) Where it appears to the Director-General that works of the following description... are being, or are going to be carried out on any premises, the Director-General may, by written notice, impose requirements as to the way in which the works are to be carried out... (2) The notice may, in particular, specify— (a) the plant or machinery which is, or is not, to be used; (b) the hours during which the works may be carried out; and (c) the level of noise or vibration which may be emitted... (3) Where a person who has been served a notice under subsection (1)— (a) fails to comply with any requirement contained in the notice; or (b) contravenes any regulations in relation to noise emitted... the Director-General may... order the person to stop any work... (4) Any person who fails to comply with a notice issued under subsection (3) shall be guilty of an offence... liable on conviction to a fine... or to imprisonment... or to both." — Section 28, Environmental Protection and Management Act 1999

Purpose: This provision exists to provide the Director-General with a proactive mechanism to regulate construction activities that generate noise and vibration, which can adversely affect nearby residents and the environment. By specifying machinery, working hours, and noise limits, the law aims to minimize disturbances and protect public welfare.

Why this provision exists: Construction sites are often sources of significant noise pollution, which can lead to health issues such as stress, hearing loss, and sleep disturbances. Section 28 ensures that noise and vibration are controlled at the source, balancing developmental needs with environmental protection and community well-being.

Section 28A: Electronic Video Surveillance to Monitor Compliance on Construction Sites

Section 28A authorizes the Director-General to require the installation and maintenance of electronic video surveillance systems on construction sites where there is evidence of non-compliance with noise regulations, particularly regarding permissible working days and hours.

"28A.—(1) Where it appears to the Director-General that— (a) any works... are being carried out on any construction site...; and (b) the owner or occupier... has contravened or is contravening any regulations relating to the days and times when the works may be carried out... the Director-General may, by written notice, require the responsible person to install, operate and maintain... an electronic video surveillance system... (7) A responsible person that, without reasonable excuse— (a) fails to comply with a written notice given...; or (b) contravenes subsection (4), (5)(b) or (6), shall be guilty of an offence and shall be liable on conviction to a fine... and... to a further fine... for every day... the offence continues." — Section 28A, Environmental Protection and Management Act 1999

Purpose: This provision serves as an enforcement tool to ensure compliance with noise control regulations by enabling continuous monitoring of construction activities. The use of video surveillance acts as a deterrent against unauthorized work during restricted hours and facilitates evidence collection for enforcement actions.

Why this provision exists: Given the challenges in monitoring construction sites physically at all times, electronic surveillance provides a practical and effective means to uphold regulatory standards. It enhances transparency and accountability, thereby protecting the community from unlawful noise disturbances.

Section 29: Prohibition of Excessive Noise and Mandatory Noise Control Measures at Workplaces

Section 29 grants the Director-General authority to prohibit activities or the use of plant that cause excessive noise at workplaces. It also empowers the Director-General to require the installation, maintenance, or repair of noise control equipment or barriers to mitigate noise emissions.

"29.—(1) The Director-General may, by written notice served on the owner or occupier of any work place, prohibit the owner or occupier from causing, permitting or allowing— (a) any specified activity to be carried out...; or (b) any specified plant to be used or operated..., in a manner that causes the emission... of noise that... exceeds the specified level. (2) Where the Director-General is satisfied that any noise is being or is likely to be emitted... the Director-General may, by a written noise control notice... require the owner or occupier— (a) to install, alter, maintain or operate any noise control equipment...; (b) to repair, alter or replace any noise control equipment...; (c) to erect a noise barrier...; (d) to install a specified type of plant...; or (e) to carry out repairs or adjustments to a specified plant... (4) Where a person who has been served a notice under subsection (1), (2) or (3)— (a) fails to comply with any requirement contained in the notice; or (b) contravenes any regulations in relation to noise emitted... the Director-General may... order that person to stop any work or activity... (5) Any person who fails to comply with a notice issued under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine... or to imprisonment... or to both." — Section 29, Environmental Protection and Management Act 1999

Purpose: This section aims to prevent and control excessive noise emissions in workplaces, thereby safeguarding workers’ health and the surrounding community’s quality of life. It provides the Director-General with the power to mandate corrective measures, including noise barriers and equipment modifications.

Why this provision exists: Excessive noise at workplaces can cause occupational health hazards such as hearing impairment and increased stress levels. Moreover, noise pollution can extend beyond workplace boundaries, affecting nearby residents. Section 29 ensures that noise is managed effectively through enforceable standards and remedial actions.

Section 30: Considerations for the Director-General When Imposing Noise Control Measures

Section 30 outlines the factors the Director-General must consider when exercising powers under Sections 28 and 29. These include relevant codes of practice, alternative methods acceptable to affected recipients, and the need to protect persons in the locality from noise effects.

"30. In acting under section 28 or 29, the Director-General must have regard— (a) to the relevant provisions of any code of practice published or mentioned in the regulations; (b) before specifying any particular methods or plant or machinery, to the desirability... of specifying other methods or plant or machinery which would be substantially as effective... and would be more acceptable to that recipient; or (c) to the need to protect any person in the locality... from the effects of noise." — Section 30, Environmental Protection and Management Act 1999

Verify Section 30 in source document →

Purpose: This provision ensures that the Director-General’s decisions are balanced, reasonable, and considerate of all stakeholders. It promotes the use of best practices and encourages solutions that minimize inconvenience while achieving noise control objectives.

Why this provision exists: Noise control measures can impact operational efficiency and costs. Section 30 mandates a thoughtful approach that weighs technical feasibility, community acceptance, and environmental protection, thereby fostering fair and effective regulation.

Definition of "Plant" in Noise Control Context

Understanding the term "plant" is essential for interpreting Sections 28 and 29, as it defines the scope of equipment subject to regulation.

"In this section, 'plant' means any plant, equipment, apparatus, device, machine or mechanism." — Section 29(6), Environmental Protection and Management Act 1999

Verify Section 29 in source document →

Purpose: This broad definition ensures that all relevant machinery and equipment capable of generating noise or vibration are covered under the noise control provisions.

Why this provision exists: By encompassing a wide range of devices, the law prevents loopholes where certain equipment might evade regulation, thereby ensuring comprehensive noise management.

Penalties for Non-Compliance: Deterrence and Enforcement

The EPMA prescribes stringent penalties for failure to comply with noise control notices, reflecting the seriousness of noise pollution offenses.

"28(4) Any person who fails to comply with a notice issued under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for every day during which the notice is not complied with or to imprisonment for a term not exceeding 3 months or to both." — Section 28(4), Environmental Protection and Management Act 1999

Verify Section 28 in source document →

"28A(7) A responsible person that, without reasonable excuse— (a) fails to comply with a written notice given to the responsible person under subsection (1); or (b) contravenes subsection (4), (5)(b) or (6), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction." — Section 28A(7), Environmental Protection and Management Act 1999

Verify Section 28A in source document →

"29(5) Any person who fails to comply with a notice issued under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for every day during which the notice is not complied with or to imprisonment for a term not exceeding 3 months or to both." — Section 29(5), Environmental Protection and Management Act 1999

Verify Section 29 in source document →

Purpose: These penalties serve as a deterrent against non-compliance, ensuring that persons responsible for noise emissions take their obligations seriously and adhere to regulatory requirements.

Why this provision exists: Without effective enforcement and penalties, noise control regulations would lack teeth, potentially leading to persistent noise pollution and harm to public health and welfare.

Cross-References and Limitations

The provisions under Section 28A include a specific limitation regarding the applicability of Section 41 of the Act:

"28A(9) Section 41 does not apply to a written notice under this section." — Section 28A(9), Environmental Protection and Management Act 1999

Verify Section 41 in source document →

Purpose: This clause clarifies that certain procedural or appeal rights under Section 41 do not apply to notices issued under Section 28A, streamlining enforcement of video surveillance requirements.

Why this provision exists: It prevents procedural delays or challenges that could undermine the effectiveness of surveillance measures critical for monitoring compliance with noise regulations.

Conclusion

The noise and vibration control provisions under Sections 28, 28A, 29, and 30 of the Environmental Protection and Management Act 1999 establish a robust regulatory framework to mitigate environmental noise pollution from construction and workplace activities. By empowering the Director-General to impose specific operational requirements, mandate surveillance, and enforce noise control measures with significant penalties for non-compliance, the Act balances developmental progress with environmental protection and community well-being. The inclusion of considerations such as codes of practice and alternative methods ensures that regulatory actions are fair, effective, and sensitive to all stakeholders.

Sections Covered in This Analysis

Section 28 – Control of Noise and Vibration from Construction Works
Section 28A – Electronic Video Surveillance on Construction Sites
Section 29 – Prohibition and Control of Excessive Noise at Workplaces
Section 30 – Considerations for Noise Control Measures
Section 29(6) – Definition of "Plant"
Section 28A(9) – Exclusion of Section 41 Application

Source Documents

For the authoritative text, consult SSO.

Written by Sushant Shukla

Topics

Singapore SSOStatutes Legislation