Singapore legislation

Clause 9

of Maritime and Port Authority of Singapore (Amendment) Bill

Clause 9

New Part XIIIA

The principal Act is amended by inserting, immediately after section 89, the following Part:“PART XIIIAREGULATION OF INLAND CRAFTAdministration of this Part89A.—

(1)

The Chief Executive may in writing —

(a)

authorise any officer or employee of the Authority; or

(b)

appoint any officer of another statutory body, as an appointed officer for the purposes of regulating inland craft under this Act.(2) Every appointed officer, when exercising and carrying out any of the powers and duties of an appointed officer under this Act, must comply with such general or specific directions as the Chief Executive may, from time to time, give to the appointed officer.Power to board inland craft, etc.89B.—

(1)

Without limiting any powers under Parts XV and XVI, any appointed officer may exercise all or any of the powers in subsection (2) for the purpose of —

(a)

ascertaining whether the provisions of the regulations made under section 89C are being complied with; or

(b)

investigating any offence under the regulations made under section 89C.(2) The powers mentioned in subsection (1) are as follows:

(a)

to board any inland craft;

(b)

to search any inland craft and take possession of any thing found on board the inland craft;

(c)

to require any person to produce any record, certificate, notice or document that is in the person’s possession;

(d)

to take and retain extracts or copies of any record, certificate, notice or document mentioned in paragraph (c);

(e)

to take and retain samples of any materials (whether solid, liquid, gaseous or vapour) found on board the inland craft for analysis for the purpose in subsection (1)(a) or (b);

(f)

to take such photographs as the officer reasonably believes to be necessary for the purpose in subsection (1)(a) or (b);

(g)

to require any person to —

(i)

furnish evidence of the person’s identity; or

(ii)

produce for inspection any papers relating to the registration of the inland craft or for the purpose of identifying the inland craft.Power to make regulations89C.—

(1)

The Authority may, with the approval of the Minister, make regulations for the purposes of this Part, including all or any of the following matters:

(a)

the construction of inland craft, including the machinery, equipment, fittings, installations, appliances and apparatus of inland craft;

(b)

the maintenance of inland craft, including the provision, maintenance and stowage of life‑saving and fire‑fighting appliances and apparatus;

(c)

the survey of inland craft, and the issue, suspension, cancellation or extension and period of validity of certificates or exemption certificates relating to such survey, and the types and forms of the certificates;

(d)

the measures and standards to be complied with where dangerous cargoes are conveyed, utilised, stowed or kept on board any inland craft while within any reservoir or waterway;

(e)

the safe operation and navigation of inland craft in reservoirs and waterways, and their use of navigation lights and signals in the reservoirs and waterways and the steps to be taken for avoiding collision;

(f)

the qualifications required for manning inland craft, including requiring officers and crew of inland craft to satisfy all or any of the following requirements:

(i)

to undergo any specified training;

(ii)

to attain a certain standard of competence or a certain grade in a specified examination;

(iii)

to obtain any specified licence, certificate or approval;

(g)

provide that any contravention or failure to comply with any regulations made under this section is an offence punishable with —

(i)

a fine not exceeding $10,000 or imprisonment for a term not exceeding 12 months or both; and

(ii)

in the case of a continuing offence, a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.(2) The Authority may, in making regulations under subsection (1), incorporate by reference —

(a)

any regulation made by the Authority under section 119 or under the Merchant Shipping Act (Cap. 179), with or without modification; or

(b)

any recognised international standard, code or guideline relating to the safety of operation and navigation of, the standards of construction of, the manning of, or the loading or carriage of goods (including dangerous goods) on, vessels or inland craft.(3) For the purposes of subsection (2)(b), the Authority may incorporate by reference any standard, code or guideline mentioned in that provision —

(a)

either as in force on a particular date specified or as amended from time to time; and

(b)

with or without modification.(4) The Authority must cause all standards, codes or guidelines incorporated by it under subsection (2)(b) to be published in a manner that gives persons to whom the standards, codes or guidelines relate adequate notice of the requirements specified in the standards, codes or guidelines.”.