Singapore legislation
Section 15
Section 15
Control over work
(1)
A person must not, without the prior written permission of the Board, and whether as principal or agent —
demolish, reconstruct, alter or make additions to a national monument or proposed national monument or any part thereof;
repair, renovate, repaint or redecorate a national monument or proposed national monument or any part thereof;
deposit any waste material on or pollute or flood the land or site on which a national monument or proposed national monument stands or any part thereof; or
do in relation to the national monument or proposed national monument or any part thereof or to the land on which the national monument or proposed national monument is located any other act that may be prescribed as an act to which this section applies.
(1A)
A person must not, without the prior written permission of the Board, and whether as principal or agent —
clear, dig up, excavate or cultivate any plant or tree on or in a national monument or proposed national monument which is a site;
extract, mine, quarry or interfere with any earth, stone, clay, gravel, sand, shell, minerals, mineral oil, natural gas, or any thing or group of things that evidence human activity (present or past), found on, in or forming part of a national monument or proposed national monument which is a site;
destroy the relationship of a building and its environment that is incompatible with the character of the neighbourhood in a national monument or proposed national monument which is a site;
park or leave any vehicle or vessel on or in a national monument or proposed national monument which is a site; or
damage or enclose a national monument or proposed national monument which is a site,knowing or reckless as to whether it is a national monument or proposed national monument, as the case may be.
(2)
In granting any permission required under subsection (1) or (1A), the Board may impose any conditions that the Board thinks necessary for the protection of the national monument or proposed national monument, including —
conditions requiring any works affecting the national monument or proposed national monument to be carried out in accordance with the specifications of the Board; and
conditions requiring the person to whom the permission is granted to restore the national monument or proposed national monument in accordance with the specifications of the Board in the event that any damage is caused to the national monument or proposed national monument as a result of the works.
(3)
The Board may refuse to grant any permission as required under subsection (1) or (1A) if it is of the opinion that the works proposed to be done in relation —
to a national monument or any part of a national monument, or to the land or site on which the national monument is located, would affect the character or appearance of the national monument in a manner which is inappropriate or unbefitting a national monument; or
to a proposed national monument or any part of a proposed national monument, or to the land or site on which the proposed national monument is located, would irreparably alter the historic, cultural, traditional, archaeological, architectural, artistic or symbolic significance attached to it or any other condition of the proposed national monument before a decision whether or not the proposed national monument should be protected by a preservation order.
(4)
Any person who —
contravenes subsection (1) or (1A); or
fails to comply with any condition imposed by the Board under subsection (2),shall be guilty of an offence and shall be liable on conviction —
in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or
in any other case, to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.
(5)
Subject to subsection (6), the court before which a person is convicted of an offence under subsection (4) may, in addition to punishing the person in accordance with subsection (4), make an order requiring the person —
at the person’s own expense and within the time that may be specified in the order, to restore the national monument or proposed national monument in accordance with the specifications of the Board; or
to pay to the Board a sum equivalent to the cost of restoring the national monument or proposed national monument.
(6)
Where the person convicted of an offence under subsection (4) is a body corporate (as defined in section 29(5)), a partnership or an unincorporated association (other than a partnership), the court may make the additional order mentioned in subsection (5) against any person who, by virtue of section 29 is also guilty of that offence as an officer or a partner (as the case may be) of the body corporate, partnership or unincorporated association.
(7)
In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court is to, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.
(8)
In any proceedings for an offence under subsection (4), it is a defence if the person proves, on a balance of probabilities, that the act done or omitted to be done in relation to a national monument or proposed national monument —
was done or omitted —
urgently or immediately for the safety of persons or property; and
with all reasonable care to ensure that the act or omission would have no more effect on the character or appearance of the national monument or proposed national monument (as the case may be) than was necessary in the circumstances; or
was done or omitted —
in good faith; and
for the purpose of complying with or giving effect to any order or requirement of the Government or a statutory authority (other than the Board) given in the performance of any function, the exercise of any power or the discharge of any duty of the Government or statutory authority (as the case may be) under any written law other than this Act.
(9)
Where the court makes an order requiring any person to pay a sum to the Board under subsection (5)(b), the sum, if unpaid, is to be recoverable from that person by the Board as if the sum were a judgment debt due to the Board.
(10)
The Director or a Monument Inspector may enter, at any reasonable time, a national monument or proposed national monument or any part thereof in order —
to ascertain whether any works being carried thereon comply with the conditions imposed by the Board under subsection (2); and
to take any action and give any direction that the Director or Monument Inspector considers necessary for the protection of the national monument or proposed national monument.