Singapore legislation
Clause 11
Clause 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 shall be known as a national monument.
(3)
A preservation order shall specify the monument protected by it and shall extend to —
all the land containing the monument; and
such 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 shall —
be published in the Gazette;
take effect as from the date specified therein; 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 thereof shall be served upon the owner and the occupier (if he 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 published in the Gazette, amend or revoke a preservation order.
(7)
Before the Minister makes, amends or revokes a preservation order, the Board shall —
give notice in writing of the Minister’s intention to do so to the owner and occupier of the monument and any land adjacent thereto which will be affected by the making, amendment or revocation (as the case may be) of the preservation order;
in such notice specify a reasonable period within which such 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.
(8)
A preservation order shall bind all subsequent owners and occupiers of, and persons interested in, the land to which it applies and —
if it affects registered land, shall be regarded as if it were a statutory obligation under section 142 of the Land Titles Act (Cap. 157); and
if it affects unregistered land, shall be regarded as if it were an instrument affecting land under the Registration of Deeds Act (Cap. 269).
(9)
For the purposes of subsection (8), upon the Minister making a preservation order under subsection (1), the Board shall —
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 and the Registrar of Titles shall thereupon give effect to the preservation order in accordance with that section of the Land Titles Act 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 and the Registrar of Deeds shall thereupon register the preservation order under that section of the Registration of Deeds Act as if the preservation order were an instrument affecting land.
(10)
Any person who intends to transfer, assign, demise or otherwise deal with any monument or land affected by a preservation order shall 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
notice in writing 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 shall publish, in such manner as it thinks fit, a list of all national monuments.