In a landmark case, two HDB flat owners have become the first individuals to be convicted for high-rise littering under a newly introduced presumption clause, according to the National Environment Agency (NEA).
The State Courts handed down fines to a 63-year-old man and a 42-year-old woman after they failed to prove their innocence in connection with littering incidents from their respective units.
This decision marks a significant step in the enforcement of regulations aimed at curbing littering from high-rise buildings.
According to CNA, the man was fined $700 on June 11 for tossing an object out of a toilet window at his residence in Bedok North Street 2.
Meanwhile, the woman received the same penalty on June 25 for discarding food waste and an unidentified liquid from the kitchen window of her flat in Ang Mo Kio Street 52.
The presumption clause, which came into effect on July 1, 2023, shifts the burden of proof onto flat owners and tenants, requiring them to demonstrate that they are not responsible for any littering incidents originating from their units.
This legislative measure aims to deter irresponsible behavior and enhance cleanliness in Singapore’s residential areas.
Introduced following an announcement in Parliament on January 9, 2023, the presumption clause is activated when it has been established that littering has occurred. The only exceptions to this policy allow owners or tenants to retract the presumption if they can prove they were not present in the flat during the offence or that another resident was responsible for the littering act.
NEA’s surveillance cameras captured two incidents of high-rise littering after their installation in response to numerous complaints regarding this issue.
“These cases are the first two convictions for high-rise littering under the presumption clause,” said NEA as per the report.
Statutory Presumption Clause
The statutory presumption clause for high-rise littering is designed to place a greater responsibility on registered flat owners and tenants to prevent littering within their properties.
In instances where a unit is identified as the source of littering, the flat owner or tenant may face legal action if they fail to provide evidence, within a specified timeframe, that they are not the offender.
To address the needs of vulnerable groups, such as the elderly or those who are mentally or physically disabled, there is a framework in place.
Offenders from these groups, or their family members, can submit a request to the National Environment Agency (NEA) accompanied by relevant supporting documents. The NEA will then assess the circumstances of each case before deciding on any potential actions, which may include issuing a warning. It’s important to note that children under the age of 12 will not face enforcement action for littering. However, if adults attempt to evade responsibility by falsely attributing the littering to their children, they may face legal repercussions if they are found to have misled the authorities.
Between 2021 and 2023, NEA received approximately 29,000 reports of high-rise littering.
During the same timeframe, the agency utilized an average of 2,500 cameras each year and executed around 1,100 enforcement actions annually against offenders.
In terms of enforcement, there were about 1,500 actions taken in 2021, roughly 1,100 in 2022, and around 700 in 2023.
Those convicted of littering from a residential building may face fines of up to $2,000 for their first offense, $4,000 for a second, and $10,000 for third or subsequent offenses. Additionally, offenders may be assigned a Corrective Work Order, requiring them to clean public spaces for up to 12 hours.
Image via NEA
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