Section 1
Short title
This Act is the Sentosa Development Corporation Act 1972.
/akn/sg/act/act/1972/SDCA
Sentosa Development Corporation Act 1972
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Part 1
PRELIMINARY
Section 2
Interpretation
Amended [5/2018]
In this Act, unless the context otherwise requires —“Chairperson” means the Chairperson of the Corporation;“Chief Executive” means the Chief Executive of the Corporation, and includes any individual acting in that capacity;“Corporation” means the Sentosa Development Corporation established under this Act;“Deputy Chairperson” means the Deputy Chairperson of the Corporation;“float” means any floating structure normally used as a point of transfer for passengers and goods and for mooring purposes;“land” includes land covered by water and any interest in land;“Marina Superintendent” means the Marina Superintendent appointed under section 26 and includes any Deputy or Assistant Marina Superintendent appointed under that section;“marine facilities” means facilities either owned by the Corporation or any lessee of any land in Sentosa that are intended primarily to be used by or for the service of vessels (including floats, ramps, hoists, parking areas, leased water areas, concessions and service facilities) located on land in Sentosa or in the waters and waterways of Sentosa;“master”, in relation to a vessel, means any person having or taking command, charge or management of the vessel for the time being;“member” means a member of the Corporation;“mooring” includes anchoring;“owner” —
(a)
in relation to any area of the waters of Sentosa, means the person who has leased the area from the Corporation; and(b)in relation to a vessel, includes the charterer of the vessel;“Sentosa” means all that part of the island known as Sentosa which was transferred to and vested in the Corporation on 1 September 1972 by virtue of section 41, the bridge known as Gateway Avenue linking Sentosa and the main island of Singapore and any land reclaimed from the foreshore of Sentosa which is transferred to or leased by the State to the Corporation;“vessel” means every description of vessel however propelled or moved and includes any thing constructed or used to carry persons or goods by water and a seaplane on or in the water, a hovercraft and a hydrofoil vessel;“waters of Sentosa” means all the inland waters of Sentosa that are —
(a)
vested in or leased to the Corporation; or(b)managed or controlled by the Corporation, whether or not the lands lying under the inland waters are vested in or leased to the Corporation or leased by the Corporation to others;“waterways” means any area of the waters of Sentosa providing access from one place to another, principally a water area providing a regular route for waterborne traffic.
Definition
“Chief Executive” means the Chief Executive of the Corporation, and includes any individual acting in that capacity;
Definition
“Corporation” means the Sentosa Development Corporation established under this Act;
Definition
“float” means any floating structure normally used as a point of transfer for passengers and goods and for mooring purposes;
Definition
“Marina Superintendent” means the Marina Superintendent appointed under section 26 and includes any Deputy or Assistant Marina Superintendent appointed under that section;
Definition
“marine facilities” means facilities either owned by the Corporation or any lessee of any land in Sentosa that are intended primarily to be used by or for the service of vessels (including floats, ramps, hoists, parking areas, leased water areas, concessions and service facilities) located on land in Sentosa or in the waters and waterways of Sentosa;
Definition
“master”, in relation to a vessel, means any person having or taking command, charge or management of the vessel for the time being;
Definition
“owner” —
(a)
in relation to any area of the waters of Sentosa, means the person who has leased the area from the Corporation; and(b)in relation to a vessel, includes the charterer of the vessel;
Definition
“Sentosa” means all that part of the island known as Sentosa which was transferred to and vested in the Corporation on 1 September 1972 by virtue of section 41, the bridge known as Gateway Avenue linking Sentosa and the main island of Singapore and any land reclaimed from the foreshore of Sentosa which is transferred to or leased by the State to the Corporation;
Definition
“vessel” means every description of vessel however propelled or moved and includes any thing constructed or used to carry persons or goods by water and a seaplane on or in the water, a hovercraft and a hydrofoil vessel;
Definition
“waters of Sentosa” means all the inland waters of Sentosa that are —
(a)
vested in or leased to the Corporation; or(b)managed or controlled by the Corporation, whether or not the lands lying under the inland waters are vested in or leased to the Corporation or leased by the Corporation to others;
Definition
“waterways” means any area of the waters of Sentosa providing access from one place to another, principally a water area providing a regular route for waterborne traffic.
Amended [5/2018]
Part 2
SENTOSA DEVELOPMENT CORPORATION
Section 3
Establishment of Sentosa Development Corporation
(1)
For the purposes of this Act, a corporation called the Sentosa Development Corporation is established.
(2)
The Corporation consists of a Chairperson, a Deputy Chairperson and any number of other members that the Minister may determine.
(4)
The Corporation is a body corporate with perpetual succession and a common seal, and is capable of —
(a)
acquiring, holding and disposing of movable and immovable property;
(b)
suing and being sued; and (c)doing and suffering all such acts and things as bodies corporate may lawfully do and suffer.
(5)
The members of the Corporation are to be appointed by the Minister, who must also appoint the Chairperson and the Deputy Chairperson from among its members.
(6)
The fixing of the seal of the Corporation must be authenticated by the signature of the Chairperson or the Deputy Chairperson or of another person authorised either generally or specially by the Corporation to act for that purpose.
Section 4
Members of Corporation
(1)
A member must hold and vacate his or her office in accordance with the terms of his or her appointment.
(2)
Any member may, at any time by written notice to the Minister, resign his or her office.
(3)
If the Minister is satisfied that a member —
(a)
has become a bankrupt or has made an arrangement with his or her creditors;
(b)
is incapacitated by physical or mental illness; or(c)is in the opinion of the Minister otherwise unable or unfit to discharge his or her duties,the Minister may declare his or her office as a member to be vacant and must notify the fact in the manner that the Minister thinks fit, and thereupon the office becomes vacant.
(4)
If the Chairperson or the Deputy Chairperson ceases to be a member of the Corporation, he or she ceases to be the Chairperson or the Deputy Chairperson, as the case may be.
(6)
The Corporation must pay to its members such salaries, fees or allowances as the Minister may determine.
Section 5
Meetings and proceedings of Corporation
Amended [5/2018]
(2)
The Chairperson presides at all meetings of the Corporation at which he or she is present.
(3)
The Deputy Chairperson presides at all meetings of the Corporation at which the Chairperson is not present and in the absence of both the Chairperson and the Deputy Chairperson at any meeting, the members present must appoint one of their number to preside at that meeting.
(4)
Meetings of the Corporation must be held at such times and places as the Corporation may determine.
(5)
A special meeting of the Corporation may at any time be convened by the Chairperson or the Deputy Chairperson.
(6)
All questions arising at any meeting must be decided by a majority of the votes of the members present and voting.
(7)
At any meeting of the Corporation, the Chairperson has a deliberative vote and, in the case of an equality of votes, also has a casting vote.
(8)
The validity of any proceedings of the Corporation is not affected by any vacancy among its members or by any defect in the appointment of any member.
(9)
Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Corporation may regulate its own proceedings.
Amended [5/2018]
Section 6
Protection from personal liability
(1)
No matter or thing done and no contract of any kind entered into by the Corporation and no matter or thing done by any member or employee of the Corporation or any other person acting under the direction of the Corporation shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing the provisions of this Act, subject the member or employee or any other person acting under the direction of the Corporation personally to any action, liability, claim or demand in respect thereof.
(2)
Any expense incurred by the Corporation or any member or employee acting under the direction of the Corporation must be borne by and repaid out of the funds of the Corporation.[6A
Section 7
Staff and employees
Amended [5/2018]
The Corporation may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, any other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.
Section 8
Chief Executive
Amended [5/2018]Amended [5/2018]
(1)
There must be a Chief Executive of the Corporation, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.
Amended [5/2018]
(2)
The Corporation may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —
(a)
is absent from duty or Singapore; or(b)is, for any reason, unable to perform the duties of the office.
Amended [5/2018]
Part 3
FUNCTIONS AND POWERS OF CORPORATION
Section 9
Functions of Corporation
The functions of the Corporation are the following:
(a)
to control, manage and administer Sentosa and, with the approval of the Minister, any other island or land elsewhere in or outside Singapore whether or not the island or land is owned by or leased to the Corporation;
(b)
to promote and encourage the development of services, facilities and amenities in Sentosa and, with the approval of the Minister, elsewhere in or outside Singapore for tourists and the public;
(c)
to develop, manage and control scenic attractions, educational, entertainment, leisure, recreational, tour and sports services, facilities and amenities in Sentosa and, with the approval of the Minister, elsewhere in or outside Singapore and to encourage their full and proper use by tourists and the public;
(d)
to develop and manage part of Sentosa for residential, commercial or recreational purposes and, with the approval of the Minister, any land elsewhere in Singapore for similar purposes;
(e)
to provide facilities for persons living and working in Sentosa and to enhance the operations of businesses operating in Sentosa;
(f)
to prepare and implement or to give assistance to schemes or projects which will provide or improve services, facilities and amenities in Sentosa and, with the approval of the Minister, elsewhere in or outside Singapore for tourists and the public.
Section 10
Powers of Corporation
The Corporation has power to do anything for the purpose of discharging its functions under this Act, or which is incidental or conducive to the discharge of those functions and, in particular, may —
(a)
promote or undertake publicity in any form;
(b)
provide advisory, consultancy, professional and information services;
(c)
promote or undertake research;
(d)
acquire by purchase, lease or sublease, or otherwise acquire, any land with or without any building and any areas of the waters of Sentosa;
(e)
grant leases, subleases and licences of any land vested in or leased to the Corporation and any of the areas of the waters of Sentosa;
(f)
develop any land and sell any developed land or part of the land;
(g)
take or hold mortgages, liens and charges to secure payment of the purchase price, or any unpaid balance of the purchase price, of any property sold by the Corporation or any money owing to the Corporation from purchasers and others;
(h)
erect, alter or reconstruct any building or marine facility on land vested in, leased to, or controlled or managed by, the Corporation;
(i)
form or participate in the formation of, subscribe for, acquire and hold and dispose of or otherwise deal with shares or stocks in any company, whether incorporated in or outside Singapore, carrying on or intending to carry on any activity or business in Sentosa and enter into any joint venture or partnership for the carrying on of any business or activity in Sentosa;
(j)
with the written approval of the Minister, form or participate in the formation of or subscribe for shares or stocks in any company;
(k)
with the written approval of the Minister, grant loans to, or guarantee the repayment of loans given to, any company in which the Corporation or any of its subsidiary companies holds any shares;
(l)
establish, maintain and operate launches, boats, services for the transport of passengers and goods, golf courses, services, facilities, equipment and apparatus as the Corporation thinks necessary for the performance of its functions;
(m)
subject to any regulations made by the Minister, impose such charges or fees as the Corporation may determine for admission into Sentosa and for the use, improvement or maintenance of any accommodation, services, works, marine facilities, recreation grounds, equipment, attractions, amenities or other facilities provided, maintained, controlled, administered or operated by the Corporation;
(n)
enter into any contract or agreement for the carrying out of the purposes of this Act; and(o)take any measures that are necessary for the prevention of pollution of the waters and waterways of Sentosa.
Section 11
Power to prohibit or restrict use of motor vehicles in Sentosa
(1)
The Corporation may prohibit or restrict the use of vehicles or of any class or description of vehicles on any road in Sentosa and may for that purpose grant permits for vehicles entering Sentosa and levy charges for the issue of those permits.
(2)
Without limiting subsection (1), the Corporation may —
(a)
impose different charges for different classes of vehicles entering Sentosa and for vehicles which are driven by different categories of visitors to Sentosa;
(b)
prohibit any class of vehicles, or vehicles driven by any category of visitors, from entering Sentosa; and(c)restrict the movement of vehicles during certain hours of the day or on certain days of the week.[10A
Section 12
Directions by Minister
Amended [5/2018]
The Minister may give to the Corporation any direction under section 5 of the Public Sector (Governance) Act 2018.[10B
Part 4
FINANCIAL PROVISIONS
Section 13
Borrowing powers
The Corporation may, with the consent of the Minister and subject to any terms that the Minister thinks fit, borrow money and issue bonds, debentures or mortgage or charge any of its property for the purpose of meeting its obligations or discharging its functions under this Act.[11
Section 14
Provision of working capital
For the purpose of enabling the Corporation to carry out its functions and to defray expenditure properly chargeable to capital account, including defraying initial expenses, and for the provision of working capital, the Minister may authorise payment to the Corporation of such sums as the Minister may determine.[12
Section 15
Issue of shares, etc.
Amended [5/2002]
As a consequence of the vesting of —
(a)
any property, rights or liabilities of the Government in the Corporation under this Act; or(b)any capital injection or other investment by the Government in the Corporation in accordance with any written law,the Corporation must issue such shares or other securities to the Minister for Finance as that Minister may direct.[12A
Section 16
Power of investment
Amended [45/2004]
The Corporation may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.[13
Section 17
Bank accounts
(1)
The Corporation may open at any bank or banks, or at any branch or agency of such banks, such accounts as it considers necessary or desirable for the exercise of its functions and powers.
(2)
Every account under this section must be operated upon by cheque signed by such person authorised to do so by the Corporation.[14
Section 18
Application of profits of Corporation
The Minister may, after consultation with the Corporation, give directions to the Corporation as to the manner in which its profits are to be applied.
Part 5
RESORT AREA
Section 19
Interpretation of this Part
Definition
“maintenance fund” means the maintenance fund established under section 23;
Definition
“owner”, in relation to any immovable property, means the person for the time being receiving the rent for the immovable property, whether on the person’s own account or as agent or trustee for any other person or as receiver, or who would receive the rent if it were let to a tenant, and includes the person whose name is or will be entered in the Valuation List maintained by the Comptroller of Property Tax under the Property Tax Act 1960 as the owner of the immovable property;
Definition
“resort area” means all that part of Sentosa which is designated by the Corporation, from time to time by notice in the Gazette, as the resort area for the purposes of this Part.
(2)
For the purposes of this Part —
(a)
each part of a building divided laterally or horizontally into parts in such a manner that the owner, either solely or jointly with other owners, of one part is not also the owner, either solely or jointly with the other owners respectively of any other part, is deemed to be a building;
(b)
each part of a partially completed building, divided laterally or horizontally into parts, is deemed to be a building.[18A
Section 20
Certain building works not to be carried out without permit
(1)
A person must not commence or carry out, or permit or authorise the commencement or carrying out of, any building works affecting or changing the faҫade or external appearance of any building in the resort area unless there is in force a permit granted by the Corporation for carrying out the building works.
(3)
In granting any permit under this section, the Corporation may impose any conditions that it thinks fit.
(4)
Where any person fails to comply with any condition imposed by the Corporation, the Corporation may cancel the permit in relation to which the condition that the person failed to comply with was imposed.
(5)
Any person who contravenes subsection (1) 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 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.[18B
Section 21
Marine facility not to be constructed or altered without permit
(1)
A person must not construct or alter, or permit or authorise the construction or alteration of, any marine facility in the resort area unless there is in force a permit granted by the Corporation for the construction or alteration of the marine facility.
(3)
In granting any permit under this section, the Corporation may impose any conditions that it thinks fit.
(4)
Where any person fails to comply with any condition imposed by the Corporation, the Corporation may cancel the permit in relation to which the condition that the person failed to comply with was imposed.
(5)
Any person who contravenes subsection (1) 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 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.[18C
Section 22
Order for cessation of building works, etc.
(1)
Where in the opinion of the Corporation any building works are or have been carried out, or any marine facility has been constructed or altered, in contravention of the provisions of this Part or any regulations made under this Act, the Corporation may by order in writing require —
(a)
the cessation of the building works until the order is withdrawn;
(b)
the demolition of the marine facility; or(c)such work or alteration to the building or marine facility to be carried out as may be necessary to cause the same to comply with the provisions of this Part or otherwise to put an end to the contravention.
(2)
In every case, the order must specify all or any of the following:
(a)
the manner in which the demolition, work or alteration specified in the order is to be carried out;
(b)
the time within which the demolition, work or alteration must commence;
(c)
the time within which the demolition, work or alteration must be completed;
(d)
that the demolition, work or alteration must be carried out with due diligence to the satisfaction of the Corporation.
(3)
An order made under subsection (1) must be served —
(a)
where a building or marine facility has been erected, on the owner or occupier of the building or marine facility; or(b)where building works are being carried out, on the person for whom the works are carried out or the builder carrying out the building works.
(4)
If an order made under subsection (1) is not complied with, the Corporation may —
(a)
demolish, remove or alter, or cause to be demolished, removed or altered, such building or marine facility or take such other steps as appear to the Corporation to be necessary; and(b)recover all expenses reasonably incurred by the Corporation in the exercise of its powers under this section from the person in default.
(5)
Without affecting the right of the Corporation to exercise its powers under subsection (4), if any person on whom an order made under subsection (1) is served fails to comply with the order, that person 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 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.
(6)
The Corporation may seize any materials resulting from the carrying out of any work under subsection (4).[18D
Section 23
Establishment of maintenance fund for resort area
(1)
The Corporation must establish a maintenance fund for the purposes of managing and maintaining the resort area and of providing and maintaining the infrastructure and other facilities and services for the use of persons living and working in the resort area.
(2)
The maintenance fund must be under the direction and control of the Corporation.
(3)
All moneys received by the Corporation by virtue of section 24 must be paid into the maintenance fund and all expenditure and other expenses incurred by the Corporation for managing and maintaining the resort area and for providing and maintaining the infrastructure and other facilities and services for persons living and working in the resort area must be charged to the maintenance fund.
(4)
All moneys in the maintenance fund that are not immediately required may be placed on time deposits with banks or invested in such securities as trustees may by written law be authorised to invest.
(5)
Nothing in this section is to be construed as imposing an obligation on the Corporation to maintain any immovable property in the resort area that is privately owned.[18E
Section 24
Contributions payable by property owners
(1)
As from 1 November 1996, the Corporation may in each month levy a contribution at the prescribed rates in respect of all immovable properties in the resort area and different rates may be prescribed for different types or classes of immovable properties.
(2)
The contributions levied under subsection (1) are payable by the owners of the immovable properties quarterly in advance, without demand to the Corporation at such dates as may be prescribed.
(3)
The contributions levied under subsection (1) —
(a)
are payable in addition to any property tax levied under the Property Tax Act 1960;
(b)
become due and payable to the Corporation without any deduction whatsoever and may be recovered as a debt due to the Corporation in any court of competent jurisdiction; and(c)if not paid within 30 days when they became due and payable, bear interest at the prescribed rates.
(4)
In respect of any contributions levied under subsection (1) and the interest thereon, the owner of the immovable property is liable, jointly and severally with any person who was liable to pay the same when the contributions became due and payable, to pay the charges and interest to the Corporation.
(5)
A person who has ceased to be the owner of the immovable property is only liable to pay —
(a)
the contributions which were unpaid at the time the person ceased to be the owner of the immovable property; and(b)the interest accruing on the unpaid contributions until the time they are paid.
(6)
Without affecting the liability of the owner of an immovable property in respect of any contributions levied under this section, where a mortgagee is in possession (whether by the mortgagee or any other person) of the immovable property, the mortgagee is liable jointly and severally with the owner of the immovable property for any contributions levied on the immovable property under this section.[18F
Section 25
Recovery of contributions from sale of immovable property
(1)
Where any contributions and interest thereon levied under section 24 remain unpaid at the end of 90 days after the Corporation has served on the owner of the immovable property a written demand for the payment of the contributions, the contributions and any interest accrued thereon constitute a charge on the immovable property upon lodgment of an instrument of charge by the Corporation with, and the registration of the instrument by, the Registrar.
(2)
Upon registration of the instrument of charge by the Registrar —
(a)
the Corporation has, subject to subsection (3), the power of sale and all other powers relating or incidental to that power as if the Corporation were a registered mortgagee; and(b)the contributions and interest owing to the Corporation are subject to all statutory charges of any public authority over the immovable property and to all encumbrances registered or notified prior to the date of lodgment of that instrument of charge, except that where a prior registered mortgagee or chargee has sold the immovable property in exercise of the mortgagee’s or chargee’s power of sale, the registered charge of the estate or interest of the immovable property when transferred to a purchaser by the mortgagee or chargee must not be overreached by the exercise of the power of sale by the mortgagee or chargee of a prior registered mortgage or charge.
(3)
The Corporation must not exercise its power of sale under subsection (2)(a) unless —
(a)
a resolution has been passed by the Corporation to have the immovable property sold;
(b)
a notice of the intended sale approved by the Registrar has been published once in one or more daily newspapers, as may be determined by the Registrar;
(c)
during the period of 6 weeks after the date of the publication specified in paragraph (b) no payment has been received for the contributions due including interest thereon and for the cost of publication as well as any other necessary incidental charges; and(d)there is no legal action pending in court to restrain the Corporation from proceeding with the sale.
(4)
Where a transfer of any immovable property has been made by the Corporation in the exercise of its power of sale conferred by this section and the transfer is lodged with the Registrar for registration —
(a)
the Registrar must not accept the transfer for registration unless the following documents are lodged at the same time:
(i)
a certified true copy of the resolution of the Corporation authorising the exercise of its power of sale with the seal of the Corporation affixed thereto and authenticated in accordance with section 3(6);
(ii)
a copy of every publication containing the notice mentioned in subsection (3)(b);
(iii)
a statutory declaration made by the Chief Executive stating that the unpaid contributions and interest thereon and all necessary incidental costs and expenses owing to the Corporation as of the date of the contract of sale of the immovable property have not been paid and that there is no legal action pending in court to restrain the Corporation from proceeding with the sale of the immovable property; and(b)neither the person who purchased the immovable property from the Corporation nor the Registrar must inquire into the regularity or validity of the sale or transfer.
(5)
Where an instrument of charge has been registered against any immovable property under this section, the owner of the immovable property is, upon payment of the amount of contributions and interest and any necessary incidental charges owing to the Corporation before it has exercised its power of sale conferred by this section, entitled to an instrument of discharge executed and acknowledged by the Corporation as to the receipt of the payment.
(6)
Upon registration of the instrument of discharge or, in the event of the Corporation refusing to execute a discharge, an order of court declaring that the immovable property is to be discharged from the charge, the immovable property is freed from the charge constituted under this section.
(7)
For the purpose of the registration of a charge, discharge or transfer under this section, the Registrar may dispense with the production of the relevant duplicate certificate of title.
(8)
Despite section 74 of the Land Titles Act 1993 and section 16 of the Registration of Deeds Act 1988, where further contributions are due to be paid to the Corporation after the instrument of charge has been registered under this section, the contributions due, including interest thereon, rank in priority to any other claims as if the contributions and interest were owing to the Corporation at the date of the registration of the charge.
(9)
A charge under subsection (2) continues in force until all contributions including interest thereon secured by the charge have been paid.
(10)
This section does not affect any rights and powers of the Corporation to recover the contributions and interest owing to the Corporation, including any legal costs and incidental charges necessarily incurred for the recovery of those contributions, in respect of any immovable property as a debt from the owner of, or the owner’s successor in title to, the property.
Definition
“public authority” means the Government, the Collector of Land Revenue, the Comptroller of Property Tax and any other person, corporation or body, authorised or empowered by any written law to attach, sell or acquire land compulsorily;
Definition
“Registrar” means the Registrar of Titles appointed under the Land Titles Act 1993.[18G
Part 6
VESSELS AND NAVIGATION
Section 26
Appointment of Marina Superintendent and Deputy and Assistant Marina Superintendents
(1)
The Corporation may appoint a Marina Superintendent and any number of Deputy and Assistant Marina Superintendents as may be necessary for the purpose of administering and carrying out the provisions of this Part.
(2)
Whenever, by the provisions of this Part, a power is granted to or a duty imposed upon the Corporation, the power may be exercised or duty performed by the Marina Superintendent or a Deputy or an Assistant Marina Superintendent.[18H
Section 27
General rules for navigation
A master who navigates a vessel in the waters or waterways of Sentosa —
(a)
without due care and attention; or(b)in a manner liable to injure or endanger persons, other vessels, the marine facilities in Sentosa or any structure or installation in Sentosa,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[18I
Section 28
Vessel adrift
(1)
The owner or master of a vessel adrift in the waters and waterways of Sentosa shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(2)
It is a defence for the owner or master of a vessel charged with an offence under subsection (1) to prove that the vessel did not become adrift as the result of any neglect or default on the part of the owner or master.[18J
Section 29
Control of embankments, etc.
The Corporation is vested with authority over and control of all embankments, revetments, floats, wharves, docks and marine facilities in the waters and waterways of Sentosa whether or not they are owned, leased, controlled, constructed or maintained by the Corporation.[18K
Section 30
Control of navigation
(1)
The Corporation is vested with authority over, and control of navigation and the use of, vessels in the waters and waterways of Sentosa and may give general directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the waters and waterways of Sentosa and, in particular, for any of the following purposes:
(a)
for designating waterways in Sentosa which vessels are to use or refrain from using for movement or mooring;
(b)
for securing that vessels move only at certain times or during certain periods;
(c)
for prohibiting —
(i)
entry into or movement in the waters and waterways of Sentosa by vessels at times of poor visibility due to the weather or other matters; and(ii)entry into the waters and waterways of Sentosa by a vessel which for any reason would be, or be likely to become, a danger to other vessels in the waterways;
(d)
for the movement, berthing or mooring of a vessel;
(e)
for the removal of any vessel from the waters and waterways of Sentosa if —
(i)
it is on fire;
(ii)
it is in a condition where it is liable to be immobilised or waterlogged, or to sink; or(iii)it is making an unlawful or improper use of the waters and waterways of Sentosa;
(f)
requiring the master of a vessel to give to the Marina Superintendent information relating to the vessel reasonably required by the Marina Superintendent in order to effect the objects of this subsection.
(2)
A direction given under subsection (1) may apply —
(a)
to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction;
(b)
to all or some of the waters and waterways of Sentosa or to the parts of the waters and waterways designated in the direction; and(c)at all times or at times designated in the direction.
(4)
Directions given by the Corporation under this section must, as soon as practicable after they have been made, be published in the Gazette.[18L
Section 31
Special directions to vessels
The Marina Superintendent may at any time give direction to a vessel anywhere in the waters or waterways of Sentosa —
(a)
requiring the vessel to comply with the requirement made in or under a general direction;
(b)
regulating or requiring the movement, mooring or unmooring of a vessel; and(c)regulating the manner in which a vessel takes in or discharges fuel, water or ship’s stores.[18M
Section 32
Master’s responsibility to be unaffected
The giving of a general or special direction does not diminish or in any other way affect the responsibility of the master of a vessel to which the direction is given in relation to the vessel, persons on board the vessel or any other person or property.[18N
Section 33
Failure to comply with directions
(1)
The master of a vessel who fails to comply with a general or special direction shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(2)
It is a defence for a person charged with an offence under subsection (1) to prove that he or she had reasonable ground for supposing that compliance with the direction in question would be likely to imperil the vessel or that in the circumstances compliance was impracticable.[18O
Section 34
Enforcement of directions
(1)
Without affecting any other remedy available to the Corporation, if a direction is not complied with within a reasonable time, the Marina Superintendent may, where applicable, put persons aboard the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
(2)
If there is no one on board a vessel to attend to a direction, the Marina Superintendent may proceed as if the direction had been given and not complied with.
(3)
Expenses incurred by the Corporation in the exercise of the powers conferred by subsection (1) are recoverable by the Corporation as if they were a charge of the Corporation in respect of the vessel.[18P
Part 7
GENERAL
Section 35
Appointment of committees and delegation of powers
(1)
The Corporation may appoint from among its own members or other persons who are not members of the Corporation any number of committees as it thinks fit for purposes which, in the opinion of the Corporation, would be better regulated and managed by means of those committees.
(2)
The Corporation may, subject to any conditions or restrictions that it thinks fit, delegate to any such committee any of the powers, functions and duties of the Corporation, except the power to borrow money, and any power, function or duty so delegated may be exercised or performed by the committee in the name and on behalf of the Corporation.
(3)
The Corporation may, subject to any conditions or restrictions that it thinks fit, delegate to any member, officer or employee any of the powers, functions and duties of the Corporation, except the power to borrow money, and any power, function or duty so delegated may be exercised or performed by the member, officer or employee in the name and on behalf of the Corporation.[19
Section 36
Advisory and technical committees
(1)
The Corporation may appoint any advisory, professional or technical committees that it thinks fit to advise the Corporation on such matters within the scope of its functions as are referred to those committees by the Corporation.
(2)
Any person may be appointed to be a member of any such committee even though the person is not a member, officer or employee of the Corporation.[20
Section 37
Contracts of Corporation
(1)
Any contract, which if made between private persons would be required to be in writing under seal, must if made by the Corporation be in writing under the seal of the Corporation.
(2)
Any contract, which if made between private persons would be required to be in writing signed by the parties to be charged therewith, must if made by the Corporation be either —
(a)
in writing under the seal of the Corporation; or(b)in writing signed by the Chief Executive on behalf of and by direction of the Corporation or signed by any other person on behalf of and pursuant to the authority of the Corporation.
(3)
Any contract, which if made between private persons would be valid although made orally, may be similarly made on behalf of the Corporation by the Chief Executive acting by direction of the Corporation or by any other person pursuant to the authority of the Corporation, but no oral contract may be made involving payment by the Corporation of a sum exceeding $500.[21
Section 38
Composition of offences
(1)
The Corporation may compound any offence under this Act or any regulations made under this Act by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $500.
(2)
On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.[22
Section 39
Saving of prosecution under other written law
Nothing in this Act prevents any person from being prosecuted under any other written law for any act, omission, neglect or default which constitutes an offence under this Act or any regulations made under this Act, or from being liable under that other written law to any punishment or penalty, higher or other than that provided by this Act or any regulations made under this Act except that no person shall be punished twice for the same offence.[23
Section 40
Regulations
(1)
The Minister may, after consultation with the Corporation, make regulations that the Minister may consider necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof including, in particular, regulations for or with respect to —
(a)
the control, administration and management of lands and other properties vested in, leased to, acquired by, managed or controlled by the Corporation;
(b)
the use and enjoyment of those lands and other properties;
(c)
the prevention of trespassing on any of those lands and other properties and the removal of trespassers or other persons causing annoyance or inconvenience upon or in those lands and other properties;
(d)
the preservation and protection of and prevention of damage to any animals, birds, fish or other fauna and trees and plants of any kind on or in any of those lands;
(e)
the prescribing and imposition of charges or entrance fees for persons using or entering upon those lands or other properties or any specified parts thereof, the prescribing of any deposit or security as the Corporation considers fit for the payment of those charges or fees and the collection and receipt of those charges and fees by the Corporation or by other persons;
(f)
the prohibition, prevention, removal and disposal of any obstruction or impediment in those lands and other property;
(g)
the regulation of traffic, movement and parking of vehicles in Sentosa;
(h)
the enforcement and regulation of the use of lights, signals and fires by vessels navigating in the waters and waterways of Sentosa;
(i)
the supervision, regulation and control of traffic, navigation and mooring of vessels and any other activities carried on within the waters and waterways of Sentosa;
(j)
the regulation, maintenance, use and enjoyment of all marine facilities;
(k)
the prohibition, prevention, removal or rectification of any pollution of the waters and waterways of Sentosa; and(l)the collection, receipt, custody, issue, expenditure, due accounting for, care and management of the contributions received under Part 5.
(2)
Such regulations may impose a penalty not exceeding $2,000 for any breach thereof.
(3)
All fines recovered under this Act and any regulations made under this Act and moneys received for the composition of offences must be paid into and form part of the general funds of the Corporation.[24
Section 41
Transfer to Corporation of property, assets and liabilities
(1)
As from 1 September 1972, all movable and immovable property in Sentosa and every right and interest therein that immediately before that date was vested in or held on behalf of the Government are transferred to and vest in the Corporation without further assurance, subject to any terms and conditions that the Minister may determine.
(2)
All contracts, agreements and undertakings made by the Government or a statutory body for the purpose of the development of Sentosa and existing immediately before 1 September 1972 have effect, unless the Minister otherwise by order provides, as contracts, agreements and undertakings by and with the Corporation and may be enforced by and against the Corporation accordingly.
(3)
Any proceeding or cause of action pending immediately before 1 September 1972 by or against the Government or a statutory body in respect of any property, contract, agreement or undertaking transferred to the Corporation under this section may be continued and enforced by or against the Corporation as it might have been by or against the Government or the statutory body had this Act not been enacted.[25