Singapore legislation

Clause 21

of Coastal Protection and Other Amendments Bill

Clause 21

Amendment of section 71

In the SD Act, in section 71, after subsection (4), insert —“(5) The Government, a designated authority or any officer acting under the direction of a designated authority is not liable for any specified loss arising from any of the following done by the Government, designated authority or officer acting in good faith and with reasonable care:

(a)

operating or deploying any component of a coastal protection measure for a prescribed place owned by the Government or that is any part of the sea;

(b)

not operating or deploying (including not operating or deploying in time) any such component.(6) The Board is not liable for any specified loss arising from any of the following done by any person (other than the Government, a designated authority or an officer mentioned in subsection (5)):

(a)

operating or deploying any component of a coastal protection measure for a prescribed place;

(b)

not operating or deploying (including not operating or deploying in time) such component,whether or not the operation or deployment was pursuant to section 30K.(7) Where a component of a coastal protection measure is operated or deployed —

(a)

pursuant to an instruction by the Board or a notice by the Board of an impending high sea level event; or

(b)

for the purposes of a drill directed under section 30K(4)(a)(ii),subsection (6) does not apply unless the instruction, notice or direction was given in good faith and with reasonable care.(8) Despite subsection (1) and without affecting section 47D, where an owner of a prescribed place has failed to carry out its obligation under this Act to —

(a)

put in place, expand or alter the coastal protection measure for the prescribed place;

(b)

effect a connection between the coastal protection measure for the prescribed place and another coastal protection measure for an adjacent prescribed place; or

(c)

maintain, repair, or operate or deploy any component of, the coastal protection measure for the prescribed place,the Board or any authorised officer is not liable for any specified loss arising from any of the following done by the Board or the officer acting in good faith and with reasonable care:

(d)

doing anything to enable the coastal protection measure for the prescribed place to function as protection against coastal flooding or otherwise prevent coastal flooding at or through the prescribed place;

(e)

not doing anything in paragraph (d) (including not doing any such thing in time).(9) In this section —“designated authority” means a public body specified in the notification under section 30A(2);“specified loss” means any of the following:

(a)

any bodily injury or death;

(b)

any loss of, or damage to, any immovable or movable property;

(c)

any economic loss, including a loss of profits.”.

Read in full context — Coastal Protection and Other Amendments Bill →