Singapore legislation

Section 113

of Port of Singapore Authority Act

Section 113

Restriction of certain works and operations

Amended by10/73

(1)

Subject to this section, no person shall, without the consent in writing of the Authority, carry out any of the following operations:

(a)

construct, alter or improve any works on, under or over any part of the seashore lying below the high-water mark of ordinary tides;

(b)

deposit any object or any materials on any part of the seashore as aforesaid; or

(c)

remove any object or any materials from any part of the seashore as aforesaid.

Amended by10/73

(2)

The Authority may, as a condition of considering an application for consent under this section, require to be furnished with such plans and particulars of the proposed operation as the Authority may consider necessary; and on receipt of any such application the Authority may cause notice of the application, and of the time within which and the manner in which objections thereto may be made, to be published in such manner as the Authority may consider appropriate for informing persons affected thereby, and, before granting its consent may, if the Authority thinks fit, direct an inquiry to be held.

(3)

If the Authority is of the opinion that any operation in respect of which an application is made to it under this section should not for any reason be carried out or should be carried out subject to such conditions as the Authority thinks necessary to impose, the Authority may either refuse its consent or give its consent subject to such conditions as the Authority thinks fit.

(4)

A consent of the Authority under this section may be given so as to continue in force, unless renewed, only if the operations for which the consent is given is begun or completed within such period as may be specified in the consent; and any renewal of such a consent may be limited in the like manner.

(5)

The restriction imposed by subsection (1) shall not apply to the carrying out of any dredging operations or reclamation works authorised by the Government in accordance with the provisions of any written law.

(6)

Nothing in this section shall be deemed to be in derogation of any of the powers or rights of the Government in respect of the foreshore or territorial waters of Singapore.

(7)

Nothing in this section shall be deemed to confer upon the Authority any power or right in respect of the foreshore not vested in the Authority.

(8)

Any person who —

(a)

carries out any operation in contravention of subsection (1); or

(b)

fails to comply with any condition subject to which any consent of the Authority has been given under this section,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.

(9)

Without prejudice to any proceedings under subsection (8), where any person has constructed, altered, or improved any works or deposited any object or materials on the seashore in contravention of subsection (1) or has failed to comply with any condition subject to which any consent of the Authority has been given under this section, the Authority may serve a notice on that person requiring him within such period (not being less than 30 days) as may be specified in the notice, to remove the works or to make such alterations therein as may be so specified or to remove the object or materials, as the case may be, or, if it appears to the Authority urgently necessary to do so, the authority may itself remove or alter the works or remove the object or materials.

(10)

If within the period specified in any notice under subsection (9) the person upon whom the notice is served fails to comply therewith, the Authority may itself remove or alter the works or remove the object or materials as specified in the notice.

(11)

Where under either subsection (9) or (10) the Authority removes or alters any works or removes any object or materials, the Authority shall be entitled to recover the expense thereof, as certified by the Authority, from the person by whom the works were constructed, altered or improved, or the object or materials was or were deposited.

(12)

For the purposes of this section —

Definition

“seashore” includes the sea-bed under the territorial waters of Singapore;

Definition

“works” includes any architectural or engineering operations or the laying of cables.[98B