Singapore legislation
Section 27
Section 27
Powers of entry and enforcement
(1)
The Director or a Monument Inspector may, at any reasonable time without warrant and without using force, enter upon any land or site for the purpose of —
inspecting any national monument or proposed national monument thereon;
investigating into any contravention or suspected contravention of this Act;
ascertaining whether any of the functions or powers conferred by or under this Act on the Board should or may be exercised; and
taking any action or carrying out any work authorised or required by or under this Act.
(1A)
The power conferred on the Director or a Monument Inspector under subsection (1)(a), (b) or (c) includes the following powers:
to examine any thing or observe any activity conducted in or on the land or site in question without involving any search of any premises, thing or person, or any seizure of any thing, in or on that land or site;
to make a sketch, photograph or still or moving image, or an audio or a video recording, of the land or site in question and any thing in or on that land or site;
to make measurements of the land in question and any thing in or on that land;
to take samples of water, soil, vegetation or other similar substances from the land or site in question and any thing in or on that land or site for the purposes of analysis.
(1B)
The Director or a Monument Inspector entering any land or site for any purpose in subsection (1)(a), (b), (c) or (d) may be accompanied by a number of other persons reasonably necessary for that purpose.
(2)
In addition to the powers conferred on him or her by this Act, the Director or a Monument Inspector may, in relation to any offence under this Act —
require any person whom the Director or Monument Inspector reasonably believes to have committed that offence to furnish evidence of the person’s identity;
require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, copy or make extracts from such book or document; or
require, by written order, the attendance at such time and place as may be specified in the order of any person within the limits of Singapore who, from any information given or otherwise obtained by the Director or Monument Inspector, appears to be acquainted with the circumstances of the case.
(2A)
However, where the Director or a Monument Inspector —
suspects on reasonable grounds that an offence under section 13(7), 15(4), 20(1)(a) or 22(1) has been or is being committed in relation to any land or site; and
is unable to enter, or is refused entry to, the land or site under subsection (1),the Director or Monument Inspector may forcibly enter the land or site without warrant for any purpose in subsection (1)(a), (b), (c) or (d), including by breaking open any outer or inner door or window leading to the land or site and removing by force any obstruction to the entry.
(2B)
If the owner or occupier of the land or site is present when the Director or a Monument Inspector seeks to enter the land or site under subsection (1) or (2A), the Director or Monument Inspector (as the case may be) must, before entering —
declare his or her office to the owner or occupier; and
show to the owner or occupier the identification card that the chief executive officer of the Board directs to be carried by the Director or Monument Inspector as proof of identity.
(2C)
If the owner or occupier of the land or site is not present when entry under subsection (1) or (2A) to the land or site is sought, but some other person who appears to be in charge of the land or site is present, then subsections (1) and (2A) respectively, apply to that other person as if he or she were the owner or occupier of the land or site.
(2D)
However, subsections (2B) and (2C) do not apply if the land or site in question is unoccupied at the time of entry.
(3)
Any person who —
refuses to give access to, or assaults, obstructs, hinders or delays, the Director or a Monument Inspector in the discharge of the Director’s or Monument Inspector’s duties under this Act;
wilfully misstates or without lawful excuse refuses to give any information or produce any book, document or copy thereof required of him or her by the Director or a Monument Inspector under subsection (2); or
fails to comply with a lawful demand of the Director or a Monument Inspector in the discharge of the Director’s or Monument Inspector’s duties under this Act,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.