Singapore legislation

Section 7

of Maritime and Port Authority of Singapore Act 1996

Section 7

Functions and duties of Authority

Amended by11/2012

(1)

Subject to the provisions of this Act, it is the function and duty of the Authority —

(a)

to promote the use, improvement and development of the port;

(b)

to regulate and control navigation within the limits of the port and the approaches to the port;

(c)

to provide and maintain adequate and efficient lighthouses, beacons, buoys and other aids to navigation in the territorial waters of Singapore and the approaches thereto, at Pedra Branca (Horsburgh), at Pulau Pisang and at any other places that the Authority thinks fit;

(d)

to disseminate navigational information;

(e)

to exercise licensing and regulatory functions in respect of marine and port services and facilities;

(f)

to secure that there are provided in the port (whether by itself or by any public licensee), adequate and efficient marine and port services and facilities on any terms that the Authority thinks expedient;

(g)

to secure that any person by whom any marine or port services and facilities fall to be provided in the port is able to provide the services and facilities efficiently while maintaining independent financial viability;

(h)

to promote efficiency, reliability and economy on the part of public licensees in accordance with, as far as practicable, recognised international standards and public demand;

(i)

to create an economic regulatory framework in respect of the provision of marine and port services and facilities which promotes and safeguards competition and fair and efficient market conduct or, in the absence of a competitive market, which prevents the misuse of monopoly or market power;

(j)

to promote, provide and administer training schemes for members of the mercantile marine and the shipping and port industries;

(k)

to develop, promote and regulate employment among members of the mercantile marine;

(l)

to exercise regulatory functions in respect of merchant shipping and particularly in respect of safety at sea, the manning of vessels and the prevention of pollution at sea;

(m)

to promote the development of merchant shipping;

(n)

to advise the Government on all matters relating to sea transport and the provision of marine and port services and facilities;

(o)

to act internationally as the national body representative of Singapore in respect of sea transport, marine and port matters;

(p)

to discharge or facilitate the discharge of international obligations of the Government in respect of sea transport; and

(q)

to perform any other functions that are conferred on the Authority by this Act or any other written law.

(2)

In discharging the functions and duties imposed on it by subsection (1), the Authority must have regard to —

(a)

satisfying all reasonable demands for marine and port services and facilities;

(b)

fostering the development and expansion of marine and port services and facilities in the world in collaboration with other countries and international organisations;

(c)

enabling persons providing marine and port services and facilities in Singapore to compete effectively in the provision of those services and facilities outside Singapore;

(d)

the promotion of measures for the safety of life in the port;

(e)

the promotion of research and development in the fields of marine and port services and facilities; (f)collaboration with educational institutions for the promotion of technical education in the fields of marine and port services and facilities;

(g)

the promotion of energy efficiency within the port services and facilities sector; and

(h)

environmental protection and the sustainable development of sea transport.

Amended by11/2012

(3)

Nothing in this section imposes on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.

(4)

In addition to the functions and duties imposed by this section, the Authority may undertake any other functions that the Minister may assign to the Authority and the Authority is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Authority in respect of those functions.

(5)

Despite the provisions of this Act, the Authority may, until such time as the licences granted under Part 12 come into effect, continue to provide any marine or port services and facilities that the Port of Singapore Authority was providing immediately before 2 February 1996.

(6)

Without affecting the provisions of Part 12, the Authority may provide any marine or port services and facilities in any of the following circumstances even though it has granted a public licence to any person:

(a)

if the Authority is of the opinion that the person has failed to discharge or is not discharging to the Authority’s satisfaction the obligations imposed by the Authority on the person in the public licence; or

(b)

to give effect to any direction of the Minister under section 9.

(7)

The Authority must provide the Minister with information with respect to its property and activities in such manner and at such times as the Minister may require.