Singapore legislation
Section 11
Section 11
Power of Minister to make preservation orders
(1)
Subject to subsection (7), the Minister may, after consulting the Board, make a preservation order to place any monument under the protection of the Board.
(2)
A monument which is subject to a preservation order and any land containing or adjacent to the monument that is specified in that preservation order is to be known as a national monument.
(3)
A preservation order must specify the monument protected by it, and extends to —
all the land containing the monument; and
any land adjacent to the monument which is in the same ownership as the monument and which the Minister is satisfied should also be protected under this Act in order —
to preserve the monument in its setting;
to provide or facilitate access to the monument; or
to provide for the exercise of proper control or management with respect to the monument.
(4)
A preservation order must —
be published in the Gazette;
take effect as from the date specified in the preservation order; and
remain in force until revoked by the Minister under subsection (6) or until it otherwise ceases to have effect by virtue of section 12.
(5)
A copy of the preservation order together with a notice stating the effect of the preservation order must be served upon the owner and the occupier (if the occupier is a different person from the owner) of the monument and the land to which the order extends.
(6)
Subject to subsection (7), the Minister may, after consulting the Board, by order in the Gazette, amend or revoke a preservation order.
(7)
Before the Minister makes, amends or revokes a preservation order, the Board must —
give written notice of the Minister’s intention to do so to the owner and occupier of the monument and any land adjacent to the monument which will be affected by the making, amendment or revocation (as the case may be) of the preservation order;
in the notice specify a reasonable period within which the owner and occupier may submit to the Board their objections (if any) to the making, amendment or revocation (as the case may be) of the preservation order; and
consider every objection received under paragraph (b) and make its recommendations to the Minister in relation thereto.
(7A)
To avoid doubt, the Minister is not prevented from —
amending or revoking a preservation order relating to a national monument; or
making a preservation order in relation to a proposed national monument,if no objection is submitted to the Board under subsection (7)(b) in relation to that national monument or proposed national monument, as the case may be.
(8)
A preservation order binds all subsequent owners and occupiers of, and persons interested in, the land to which it applies and —
if it affects registered land, is regarded as if it were a statutory obligation under section 142 of the Land Titles Act 1993; and
if it affects unregistered land, is regarded as if it were an instrument affecting land under the Registration of Deeds Act 1988.
(9)
For the purposes of subsection (8), upon the Minister making a preservation order under subsection (1), the Board must —
if the preservation order affects registered land, notify the Registrar of Titles of the preservation order in accordance with section 142 of the Land Titles Act 1993 and the Registrar of Titles must then give effect to the preservation order in accordance with that section of the Land Titles Act 1993 as if the preservation order were a statutory obligation; and
if the preservation order affects unregistered land, present a copy of the preservation order to the Registrar of Deeds in accordance with section 5 of the Registration of Deeds Act 1988 and the Registrar of Deeds must then register the preservation order under that section of the Registration of Deeds Act 1988 as if the preservation order were an instrument affecting land.
(10)
Any person who intends to transfer, assign, demise or otherwise deal with any proposed national monument, monument or land affected by a preservation order must give to the Board —
not less than 2 weeks’ notice in writing of the intended transfer, assignment, demise or dealing (as the case may be); and
written notice of the completion of the transfer, assignment, demise or dealing within 2 weeks of the completion thereof.
(11)
Any person who contravenes subsection (10) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(12)
The Board must publish, in such manner as it thinks fit, a list of all national monuments and proposed national monuments.