Light Dues Bill

“the Board” means the Singapore Light Dues Board established under section 3 of this Act;

“Director of Marine” means the Director of Marine appointed under section 9 of the Merchant Shipping Ordinance (Cap. 207);

“the Fund” means the Light Dues Fund established under section 20 of this Act;

“light dues” means the light dues payable under section 22 of this Act;

“ship” includes every description of vessel used in navigation and not propelled by oars;

“Singapore” means the Republic of Singapore and shall be deemed to include the Island of Singapore and all islands and places which on the 2nd day of June 1959, were administered as part of Singapore and all territorial waters adjacent thereto;

“vessel” includes any ship or boat or any other description of vessel used in navigation.

There is hereby established a body to be known as the “Singapore Light Dues Board”, which shall be a body corporate with perpetual succession and a common seal and which may sue and be sued in its corporate name and perform such other acts as bodies corporate may by law perform.

The Board shall consist of a Chairman and eight other members, all of whom shall be appointed by the Minister.

The Chairman and other members of the Board shall, unless their appointment is revoked by the Minister under the provisions of subsection (5) of this section or unless they resign during their period of office, each hold office for such period not exceeding three years as the Minister may think fit, and shall be eligible for reappointment on completion of such period.

The Minister may appoint any suitable person to be a temporary Chairman or temporary member of the Board during the absence or incapacity owing to illness or otherwise of the Chairman or other member of the Board.

The Minister may at any time revoke the appointment of the Chairman or any other member of the Board.

The quorum at all meetings of the Board shall be five members present, and no business shall be transacted unless a quorum is present.

The Chairman, or in his absence such member as the members of the Board present shall select, shall preside at meetings of the Board.

A decision of the majority of the members of the Board present and voting at a meeting of the Board shall be deemed to be a decision of the Board.

In the event of the votes for and against any question being equal, the Chairman or in his absence the member presiding at the meeting of the Board as provided in subsection (2) of this section shall have a casting vote in addition to his original vote.

Subject to the provisions of this Act, the Board may carry on such activities as appear to the Board to be advantageous, necessary or convenient for it to carry on for, or in connection with, the discharge of its duties under this Act and, without prejudice to the generality of the foregoing, the Board may exercise any or all of the following powers: —

Notwithstanding the provisions of subsection (1) of this section, the Board may, with the approval of the Minister, carry on such other activities as the Board may, from time to time, consider expedient.

There may be transferred to the Board for the purposes of this Act, such lands, buildings and other property, movable or immovable, vested in or belonging to the Government as the Minister for Finance may think fit, and any lands, buildings and other property so transferred shall vest in the Board without further assurance.

Upon such transfer, all debts, liabilities and obligations in connection with or appertaining to such lands, buildings and other property shall also be transferred to and be deemed to have been incurred by the Board.

Subject to the approval of the Minister, the Board may make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees of the Board, as it may determine, on their death or retirement from the service of the Board or on their otherwise leaving the service of the Board.

The following provisions shall apply to any scheme established under this section: —

No matter or thing done and no contract of any kind entered into by the Board and no matter or thing done by any member of the Board or by any employee thereof or any other person whomsoever acting under the direction of the Board shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of carrying out the provisions of this Act, subject any such member or employee or any other person acting under the direction of the Board personally to any action, liability, claim or demand whatsoever in respect thereof.

Any expense incurred by the Board or any member, employee or other person so acting under the direction of the Board shall be paid out of the funds of the Board.

The Board may make an ex gratia payment out of its funds to any person sustaining any damage or injury by reason of the exercise of any of the powers vested in the Board or its employees under and by virtue of this Act.

The Board shall, as soon as possible after the close of each year, submit to the Minister an annual report on the activities of the Board during that year, and the Minister shall cause a copy of every such annual report to be presented to Parliament.

Notwithstanding the provisions of subsection (1) of this section, the Minister may at any time request the Board to furnish him with any information concerning any matter affecting the Board, and the Board shall furnish him with the information required, and afford him or his representatives all necessary facilities for the verification of the information furnished.

The Board shall keep proper accounts and other records of the Board and of the Fund and shall prepare in respect of each financial year a statement of accounts.

The accounts of the Board shall be audited by an auditor to be appointed annually by the Board.

So soon as the accounts of the Board and of the Fund have been audited in accordance with the provisions of subsection (2) of this section, a copy of the statement of accounts, signed by the Chairman and certified by the auditor, together with a copy of any report made by the auditor in respect thereof, shall be submitted to the Minister.

The Minister shall cause a copy of every such statement of accounts and of the auditor’s report to be presented to Parliament.

There is hereby established a Fund to be known as the “Light Dues Fund” which shall be administered by the Board.

All light dues, rates and other income derived by the Board shall be paid into the Fund and all payments required to be made in the meeting of the obligations or in the discharge of the functions of the Board under this Act shall be paid out of the Fund.

The owner, agent or master of every ship which in the course of a voyage calls at Singapore, other than ships exempted under the provisions of subsection (2) of this section, shall pay light dues according to the scale set out in the Schedule to this Act to such officer as may be appointed by the Minister to collect such light dues (hereinafter in this Act referred to as the “Collector”).

There shall be exempted from light dues under this Act —

If the owner, agent or master of any ship fails, on demand of the Collector, to pay the light dues in respect thereof, the Collector may, in addition to any other remedy which he is entitled to use, enter upon the ship and distrain the goods, tackle or any thing belonging to or on board the ship and detain such distress until the light dues are paid.

If payment of the light dues is not made within three days next ensuing such distress, the Collector may, at any time during the continuance of such non-payment, cause the distress to be appraised by two sufficient persons or licensed appraisers and thereupon sell the same and apply the proceeds in payment of the light dues unpaid together with reasonable expenses incurred by him under this section, paying the surplus, if any, on demand to the said owner, agent or master.

Subject to the provisions of this Act, the Board may levy rates for the use of premises, works, equipment, appliances or any other thing belonging to the Board and for the services or facilities provided by the Board and, without prejudice to the generality of the foregoing, for any of the following matters: —

No rate shall be levied by the Board under the provisions of subsection (1) of this section without the prior approval of the Minister and notification in the Gazette.

The Board may enter into a special agreement in respect of any of the matters referred to in subsection (1) of this section instead of charging the rate prescribed for the same.

The Board may impose such charges as it thinks fit for the use of premises, works, equipment, appliances or any other thing belonging to it or for services or facilities provided by it in pursuance of the powers conferred by this Act in respect of which no rates have been prescribed under subsection (1) of this section.

The Board may, if it thinks fit, and subject to the approval of the Minister, remit the whole or any part of any rates paid under the provisions of this section.

The Minister may, after consulting the Board, make regulations for the purposes of this Act, including, without prejudice to the generality of the foregoing, regulations prescribing the times, places and manner at or in which the light dues shall be payable under this Act.

Tables of all light dues and a copy of any regulations made under this section shall be posted up at the office of the Collector.

The master of any ship who —

The master or owner of any vessel who damages any buoy, beacon or other navigational aid shall, in addition to any penalty imposed by any written law, be liable for any expenses incurred in making good such damage and shall, on demand, deposit with the Board, such sums as the Board may deem necessary to cover the aforesaid damage.

If the Board gives to the officer of the Government whose duty it is to grant the port clearance of any vessel a notice in writing stating that an amount therein specified is due by way of expenses for making good any damage to any buoy, beacon or other navigational aid as provided in subsection (2) of this section or by way of light dues, rates, charges or penalties under the provisions of this Act or of any regulations made thereunder in respect of such vessel or from the owner or master of such vessel, such officer shall not grant port clearance until the Board declares to such officer in writing that such amount has been paid or security has been given to the satisfaction of the Board for such amount.

Where a port clearance is withheld in accordance with the provisions of subsection (3) of this section, the Board shall pay to the Government any damages, compensation, costs or any expenses whatsoever arising out of the withholding of such port clearance.