National Parks Bill

This Act may be cited as the National Parks Act 1996 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

In this Act, unless the context otherwise requires —“animal” means any member of the animal kingdom including mammals, birds, reptiles, amphibians, fish and every kind of vertebrate and invertebrate and the eggs and young thereof;“appointed day” means the date of commencement of this Act;“Board” means the National Parks Board established under the National Parks Act [Cap. 198A] in force before the appointed day and continued by section 3;“Chairman” means the Chairman of the Board and includes any acting Chairman of the Board;“Chief Executive” means the Chief Executive of the Board and includes any person acting in that capacity;“green area” means any State land which is vacant or utilised as green verge of premises occupied by the Government, parkland, verge or traffic island in a road reserve, park connector, or any other area managed and maintained by the Board;“member” means a member of the Board;“national park” means any area of land designated for the time being in Part I of the Fifth Schedule;“nature reserve” means any area of land designated for the time being in Part II of the Fifth Schedule;“parkland” means any State land or land of the Board which is utilised as a park or recreation ground;“Parks and Recreation Department” means the Parks and Recreation Department of the Ministry of National Development;“plant” means any member of the plant kingdom including angiosperms, gymnosperms, pteridophytes, bryophytes, algae, lichens and fungi;“repealed Act” means the National Parks Act repealed by this Act;“verge” means any area by the side of a public street, whether turfed or not.

For the purpose of enabling the Board to carry out its functions under this Act, the Minister may from time to time make grants to the Board of such sums of money as the Minister may determine out of moneys to be provided by Parliament.

Moneys belonging to the Board may, with the approval of the Minister, be invested in such securities as trustees may by any written law be authorised to invest.

The financial provisions set out in the Third Schedule shall have effect with respect to the Board.

As from the appointed day, the Board shall continue in existence and shall continue to be a body corporate with perpetual succession and capable of —

The First Schedule shall have effect as respects the Board and its members.

The Board may, in its discretion, appoint from among its own members or other persons who are not members such number of committees consisting of members or other persons or members and other persons for purposes which, in the opinion of the Board, would be better regulated and managed by means of such committees.

No suit or other proceedings shall lie personally against any member or employee of the Board or any other person acting under the direction of the Board in respect of anything which is in good faith done or intended to be done in the execution or purported execution of this Act.

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

All members, employees and agents of the Board shall be deemed to be public servants for the purposes of the Penal Code [Cap. 224].

Where the Board provides a service to the public whereby information is supplied to the public on payment of a prescribed fee, neither the Board nor any of its employees involved in the supply of such information shall be liable for any loss or damage suffered by members of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith and in the ordinary course of the discharge of the duties of such employees.

All moneys recovered or sums collected under this Act or any regulations made thereunder shall be paid into and form part of the general funds of the Board.

Any person who obstructs or hinders any member, employee or agent of the Board acting in the discharge of his duty under this Act or any regulations made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

Where an offence under this Act or any regulations made thereunder has been committed by a body corporate, a partnership or unincorporated association of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer thereof, or was purporting to act in any such capacity, shall also be guilty of that offence unless he proves that the offence was committed without his consent or connivance, and that he had exercised all such diligence to prevent the commission of the offence he ought to have exercised having regard to the nature of his functions in that capacity and to all circumstances.

A police officer or an employee or agent of the Board authorised in that behalf by the Board may remove from any national park, nature reserve or parkland —

A police officer or an employee or agent of the Board authorised in that behalf by the Board may, within any national park, nature reserve or parkland if he has reason to believe that any offence has been committed under this Act or any regulations made thereunder, inspect and search any baggage, equipment, package, container, tent, vehicle, boat, craft or place and seize any thing therein which he requires as evidence that any such offence has been committed.

A police officer or an employee or agent of the Board authorised in that behalf by the Board may without warrant arrest a person within any national park, nature reserve or parkland —

Any police officer, member, employee or agent of the Board authorised in writing in that behalf by the Chief Executive may conduct any proceedings or any prosecution in respect of any offence under this Act or any regulations made thereunder.

The Parks and Trees Act [Cap. 216] shall have effect subject to amendments to the extent specified in the Sixth Schedule (being minor amendments or amendments consequential on the preceding provisions of this Act).

FIRST SCHEDULESection 5Constitution and Proceedings of Board

1. The Board shall consist of —

3. A member shall hold office on such conditions and for such term as the Minister may determine and shall be eligible for reappointment.

4. The Minister may, at any time, revoke the appointment of the Chairman or any member without assigning any reason.

5. Any member may resign from his appointment at any time by giving notice in writing to the Minister.

6. The Chairman may, in writing, authorise any member to exercise any power or perform any function conferred on the Chairman by or under this Act.

7. The office of a member shall be vacated if the member —

8. If a member resigns, dies or has his appointment revoked or otherwise vacates his office before the expiry of the term for which he has been appointed, the Minister may appoint a person to fill the vacancy for the residue of the term of which the vacating member was appointed.

9. No person shall be appointed or shall continue to hold office as a member if he —

11. There shall be paid to the Chairman and other members, out of the funds of the Board, such salaries, fees and allowances as the Minister may, from time to time, determine.12.—

13. The Board may act notwithstanding any vacancy in its membership.

14. Subject to the provisions of this Act, the Board may make rules to regulate its own procedure generally, and in particular, regarding the holding and proceedings of meetings, the notice to be given of such meetings, the keeping of minutes and the custody, production and inspection of such minutes.

15. The validity of any proceedings of the Board shall not be affected by any defect in the appointment of any member or by any contravention of paragraph 10 by any member.

SECOND SCHEDULESection 7Powers of Board

1. To manage the national parks, nature reserves and parklands.

2. To regulate the planting and maintenance of plants in green areas by prescribing guidelines and requirements for the design and maintenance thereof.

3. To enter into contracts for the supply of goods, services or materials or for the execution of works or other contracts as may be necessary for the discharge of the duties and functions of the Board under this Act.

4. To receive fees, donations, grants, gifts of movable or immovable property from any source or raise funds by any lawful means.

5. To regulate and control public access to the national parks, nature reserves and parklands.

6. To promote or undertake publicity in any form.

7. To make provision for the specialised training of any employee of the Board and in that connection offer scholarships for such training and expenditure incidental thereto.

8. To make awards of recognition, grants, scholarships or contributions as the Board considers fit for the purposes of this Act.

9. To offer consultancy services, inform, advise and make recommendations or proposals to the Government or any person on any matter relating to the designation, conservation, development and management of parks and other areas reserved for the propagation of plants and animals, or any other function of the Board.

10. To act in combination or association with any person engaged, concerned or interested in the promotion of the functions of the Board, and pay for or contribute to the cost and expenses involved in such combination or association.

11. With the approval of the Minister, to form or participate in the formation of companies or to enter into a partnership or an arrangement for the sharing of profits.

12. With the approval of the Minister, to raise loans for the purposes of this Act.

13. To do anything incidental to any of its functions.

THIRD SCHEDULESection 19Financial Provisions

1. The financial year of the Board shall begin on 1st April of each year and end on 31st March of the following year.

2. The Board shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Board and over the expenditure incurred by the Board.

3. The Board shall, as soon as practicable after the close of each financial year, prepare and submit financial statements in respect of that year to the auditor of the Board.4.—

5. The auditor or any person authorised by him is entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Board and may make copies of, or extracts from, any such accounting and other records.6.—

FOURTH SCHEDULESection 21Provisions Relating to Transfer of Employees

1. Until such time as terms and conditions of service are drawn up by the Board, the scheme and terms and conditions of service in the Government shall continue to apply to every person transferred to the service of the Board under section 21 as if he were still in the service of the Government.

2. The terms and conditions to be drawn up by the Board shall take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Board under section 21 while in the employment of the Government and any term or condition relating to the length of service with the Board shall provide for the recognition of service under the Government by the persons so transferred to be service by them under the Board.

3. Nothing in the terms and conditions to be drawn up by the Board shall adversely affect the conditions that would have been applicable to persons transferred to the service of the Board as regards any pension, gratuity or allowance payable under the Pensions Act [Cap. 225].

4. In every case where a person has been transferred to the service of the Board under section 21, the Government shall be liable to pay to the Board such portion of any gratuity, pension or allowance payable to that person on his retirement as the same shall bear to the proportion which the aggregate amount of his pensionable emoluments during his service with the Government bears to the aggregate amount of his pensionable emoluments during his service under both the Government and the Board.

5. Where any person in the service of the Board whose case does not come within the scope of any pension or other schemes established under this Schedule retires or dies in the service of the Board or is discharged from such service, the Board may grant to him or to such other person or persons wholly or partly dependent on him, as the Board thinks fit, such allowance or gratuity as the Board may determine.

6. Notwithstanding the provisions of the Pensions Act [Cap. 225], no person who is transferred to the service of the Board under section 21 shall be entitled to claim any benefit under the Pensions Act on the ground that he has been retired from the service of the Government on account of abolition or re-organisation of office in consequence of his transfer to the service of the Board.

7. Where on the appointed day, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Board under section 21, the proceedings shall be carried on and completed by the Board; but where on that day any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order or decision had been rendered thereon, the committee shall complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that day.

8. Any order, ruling or direction made or given by a committee pursuant to paragraph 7 shall be treated as an order, a ruling or a direction of the Board and have the same force or effect as if it had been made or given by the Board pursuant to the authority vested in the Board under this Act.

9. The Board may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, whilst he was in the employment of the Parks and Recreation Department, been guilty of any misconduct or neglect of duty which would have rendered him liable to be so reprimanded, reduced in rank, retired, dismissed or punished if he had continued to be in the employment of the Government, and as if this Act had not been enacted.

FIFTH SCHEDULESection 23Part IDesignation of National Parks

1. All those pieces of land situated in T.S. No.25 known as the Singapore Botanic Gardens comprised in lots 1419N and 1413W and estimated to contain 523,608 square metres and 3,142 square metres, respectively, the boundaries of which are more specifically delineated on certified plan filed in the office of the Chief Surveyor.

2. All those pieces of land situated in T.S. No.20 known as Fort Canning Park comprised in lot 474 and estimated to contain 179,410 square metres, the boundaries of which are more specifically delineated on certified plan filed in the office of the Chief Surveyor.Part IIDesignation of Nature Reserves

1. All those pieces of land situated in the Mukims of Sembawang, Mandai, Ulu Kalang, Bukit Timah and Toa Payoh forming parts of the Public Utilities Board Catchment Area described as follows:Lot No.Mukim/T.S. No.Approximate Area (square metres)13–2No. 13 Sembawang 15,520Part of 13–3 (now known as 875)No. 13 Sembawang 1,928,327Part of 31–2 (now known as 187)No. 14 Mandai 9,392,75428No. 15 Ulu Kalang 15,02429No. 15 Ulu Kalang 30430No. 15 Ulu Kalang 21,60013–16No. 15 Ulu Kalang 14,397Parts of 155No. 15 Ulu Kalang10,796,27966No. 16 Bukit Timah 2,330,989Parts of 115–2 (now known as 5941)No. 17 Toa Payoh 2,634,074Total 27,149,268The boundaries of these areas are more particularly delineated and edged green on Certified Plan No. 13241 filed in the office of the Chief Surveyor.

2. All those pieces of land situated in Mukim No. 16, Bukit Timah known as Bukit Timah Forest Reserve comprised in lots 357,354 and 42–1 and estimated to contain areas of 655, 721.3 square metres, 7,610.6 square metres and 50,543.0 square metres, respectively, the boundaries of which are more particularly delineated on Certified Plan No. 11702 filed in the office of the Chief Surveyor.

3. All that piece of land situated in Mukim No. 16, Bukit Timah lying on the south-east of Bukit Timah Forest Reserve comprised in part of lot 81–4 (now known as Lot 912 Pt) State land and estimated to contain an area of approximately 86,249 square metres the boundaries of which are more particularly delineated and edged green on Certified Plan No. 7497 filed in the office of the Chief Surveyor.

4. All that piece of land known as Lot 1636, Mukim No. 16, Bukit Timah, containing an area of 9,710.9 square metres the boundaries of which are more particularly delineated on Certified Plan No. 25334 filed in the office of the Chief Surveyor.

5. All those pieces of land situated in Mukim No. 16, Bukit Timah comprised in lot 99501L (formerly 67–36) and part of lot 99509K (formerly 67–28) and estimated to contain areas of 11,712 square metres and 137,061 square metres, respectively, the boundaries of which are more particularly delineated on Plan No. JTC/SK 1461–1 filed in the office of the Manager, Nature Reserves of the National Parks Board.

6. All those pieces of land situated in Mukim No. 16, Bukit Timah comprised in parts of lots 1176P, 1637A, 99478V (formerly 67–59), 99763P (formerly 24–1), 99531X (formerly 67–5) and 87A and estimated to contain areas of 365 square metres, 162,135 square metres, 11,292 square metres, 76,628 square metres, 4,702 square metres and 35,832 square metres, respectively, and lot 99762V (formerly 24–2) estimated to contain an area of 32.1 square metres, the boundaries of which are more particularly delineated on Plan No. JTC/SK 1461–1 filed in the office of the Manager, Nature Reserves of the National Parks Board.

SIXTH SCHEDULESection 42Consequential Amendments

1. Section 2 of the Parks and Trees Act [Cap. 216] is amended —

2. Section 3 of the Parks and Trees Act is amended by deleting subsection (2) and substituting the following subsections:“(2) The Minister may appoint such number of officers as may be necessary for the purpose of administering and carrying out the provisions of this Act.(2A) The Minister may, by notification in the Gazette, authorise one or more officers appointed under subsection (2) to perform the duties and functions of the Commissioner under this Act.”.

3. The following provisions of the Parks and Trees Act are amended by deleting the word “Government” wherever it appears and substituting in each case the word “Board”:sections 5A(3) and (6), 8(2), 10(3) and (6), 11(2) and 14(4).

4. Section 15B of the Parks and Trees Act is amended by deleting “$2,000” and substituting the words “$5,000 or to imprisonment for a term not exceeding 6 months or to both”.

5. Section 16 of the Parks and Trees Act is amended by deleting subsection (2) and substituting the following subsections:“(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of that offence except that where any damage has been caused to property owned by the Government or the Board and maintained, supervised or controlled by the Commissioner under this Act, that person shall in addition be liable to make good the damage, the cost of which shall constitute a debt due from the person to the Board and be recoverable as such.(3) All sums collected under this section shall be paid into the funds of the Board.”.

6. The Parks and Trees Act is amended by inserting, immediately after section 20A, the following section:“Payment of fees and charges collected to Board20B. All fees, charges and moneys collected under this Act or any rules made thereunder shall be paid to the Board.”.