Preservation of Monuments Act 2009

any building, structure, erection, statue, sculpture or other work, whether above or below the surface of the land, and any cave or excavation;

any site comprising the remains of any such building, structure, erection, statue, sculpture or other work or of any cave or excavation; or

any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof which neither constitutes nor forms part of any work which is a monument within paragraph (a),and includes any machinery attached to or forming part of a monument which cannot be detached from the monument without being dismantled;

in relation to any monument or land, means the person for the time being receiving the rent of the monument or land whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the monument or land were let to a tenant, and the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the monument or land; and

in relation to the common property of any subdivided building, means the person receiving any rent or charge for the maintenance of that common property;

any open space;

any inland waters; or

an area of land (including any building, structure, erection, statue, sculpture or other work, vegetation, inland waters or physiographical formation, or any combination thereof) containing anything that evidences human activity, present or past,but excludes a site falling within paragraph (b) or (c) of the definition of “monument”;

all the land containing the monument; and

any 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.

be published in the Gazette;

take effect as from the date specified in the preservation order; 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.

give written notice of the Minister’s intention to do so to the owner and occupier of the monument and any land adjacent to the monument which will be affected by the making, amendment or revocation (as the case may be) of the preservation order;

in the notice specify a reasonable period within which the 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.

amending or revoking a preservation order relating to a national monument; or

making a preservation order in relation to a proposed national monument,if no objection is submitted to the Board under subsection (7)(b) in relation to that national monument or proposed national monument, as the case may be.

if it affects registered land, is regarded as if it were a statutory obligation under section 142 of the Land Titles Act 1993; and

if it affects unregistered land, is regarded as if it were an instrument affecting land under the Registration of Deeds Act 1988.

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 1993 and the Registrar of Titles must then give effect to the preservation order in accordance with that section of the Land Titles Act 1993 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 1988 and the Registrar of Deeds must then register the preservation order under that section of the Registration of Deeds Act 1988 as if the preservation order were an instrument affecting land.

not less than 2 weeks’ notice in writing of the intended transfer, assignment, demise or dealing (as the case may be); and

written notice of the completion of the transfer, assignment, demise or dealing within 2 weeks of the completion thereof.

dismiss the appeal;

allow the appeal unconditionally; or

allow the appeal in whole or in part and subject to such conditions as the Minister considers fit,and may give any directions that the Minister thinks necessary to give effect to the Minister’s decision on the appeal.

demolish, reconstruct, alter or make additions to a national monument or proposed national monument or any part thereof;

repair, renovate, repaint or redecorate a national monument or proposed national monument or any part thereof;

deposit any waste material on or pollute or flood the land or site on which a national monument or proposed national monument stands or any part thereof; or

do in relation to the national monument or proposed national monument or any part thereof or to the land on which the national monument or proposed national monument is located any other act that may be prescribed as an act to which this section applies.

clear, dig up, excavate or cultivate any plant or tree on or in a national monument or proposed national monument which is a site;

extract, mine, quarry or interfere with any earth, stone, clay, gravel, sand, shell, minerals, mineral oil, natural gas, or any thing or group of things that evidence human activity (present or past), found on, in or forming part of a national monument or proposed national monument which is a site;

destroy the relationship of a building and its environment that is incompatible with the character of the neighbourhood in a national monument or proposed national monument which is a site;

park or leave any vehicle or vessel on or in a national monument or proposed national monument which is a site; or

damage or enclose a national monument or proposed national monument which is a site,knowing or reckless as to whether it is a national monument or proposed national monument, as the case may be.

conditions requiring any works affecting the national monument or proposed national monument to be carried out in accordance with the specifications of the Board; and

conditions requiring the person to whom the permission is granted to restore the national monument or proposed national monument in accordance with the specifications of the Board in the event that any damage is caused to the national monument or proposed national monument as a result of the works.

to a national monument or any part of a national monument, or to the land or site on which the national monument is located, would affect the character or appearance of the national monument in a manner which is inappropriate or unbefitting a national monument; or

to a proposed national monument or any part of a proposed national monument, or to the land or site on which the proposed national monument is located, would irreparably alter the historic, cultural, traditional, archaeological, architectural, artistic or symbolic significance attached to it or any other condition of the proposed national monument before a decision whether or not the proposed national monument should be protected by a preservation order.

contravenes subsection (1) or (1A); or

fails to comply with any condition imposed by the Board under subsection (2),shall be guilty of an offence and shall be liable on conviction —

in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or

in any other case, to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

at the person’s own expense and within the time that may be specified in the order, to restore the national monument or proposed national monument in accordance with the specifications of the Board; or

to pay to the Board a sum equivalent to the cost of restoring the national monument or proposed national monument.

was done or omitted —

urgently or immediately for the safety of persons or property; and

with all reasonable care to ensure that the act or omission would have no more effect on the character or appearance of the national monument or proposed national monument (as the case may be) than was necessary in the circumstances; or

was done or omitted —

in good faith; and

for the purpose of complying with or giving effect to any order or requirement of the Government or a statutory authority (other than the Board) given in the performance of any function, the exercise of any power or the discharge of any duty of the Government or statutory authority (as the case may be) under any written law other than this Act.

to ascertain whether any works being carried thereon comply with the conditions imposed by the Board under subsection (2); and

to take any action and give any direction that the Director or Monument Inspector considers necessary for the protection of the national monument or proposed national monument.

is the owner or occupier of the national monument or proposed national monument;

has any other interest in the national monument or proposed national monument;

is carrying out any operation or activity on the national monument or proposed national monument; or

is using the national monument or proposed national monument for any purpose,and may by the information notice require that person to give information as to —

the operation or activity that has been or is being carried out on the national monument or proposed national monument; or

the purposes for which the national monument or proposed national monument has been or is being used.

to state whether or not the national monument or proposed national monument has been or is being used for any of the purposes specified in the notice, or whether or not any operation or activity specified in the notice has been or is being carried out on the national monument or proposed national monument;

to state when any such use, operation or activity began;

to give the name and address of any person whom he or she knows has used or is using the national monument or proposed national monument for any purpose, or has carried out or is carrying out any operation or activity on the national monument or proposed national monument;

to give any information he or she holds as to any written permission of the Board for any work or any reason for the written permission not being required for any work; and

to state the nature of his or her interest (if any) in the national monument or proposed national monument and the name and address of any other person known to him or her to have an interest in the national monument or proposed national monument.

makes any statement purporting to comply with a requirement of an information notice which he or she knows to be false or misleading in a material particular; or

recklessly makes such a statement which is false or misleading in a material particular.

dismiss the appeal;

allow the appeal unconditionally; or

allow the appeal in whole or in part and subject to such conditions as the Minister considers fit,and may give any directions that the Minister thinks necessary to give effect to his or her decision on the appeal.

that person shall be guilty of an offence;

the Director or a Monument Inspector may enter the national monument or proposed national monument and take such measures as may be necessary to secure the compliance with the enforcement notice; and

the expenses reasonably incurred by the Director or Monument Inspector in the exercise of his or her powers under paragraph (b) and any other reasonable expenses that may be incidental thereto are to be recoverable by the Board as a civil debt from the person who failed to comply with the enforcement notice.

in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or

in any other case, to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

is not bound to require an undertaking in damages from the Director or Monument Inspector; and

may grant any injunction that the General Division of the High Court thinks appropriate in the circumstances.

make an order requiring the person, at his or her own expense and within the time that may be specified in the order, to restore the national monument or proposed national monument in accordance with the specifications of the Board; or

order the person to pay to the Board a sum equivalent to the cost of restoring the national monument or proposed national monument.

the National Heritage Board had been a party to such an agreement; and

for any reference to the Preservation of Monuments Board there were substituted in respect of anything to be done on or after 1 July 2009 a reference to the National Heritage Board.

any reference in this Part to property vested in the Preservation of Monuments Board is a reference to such property of that Board whether situated in Singapore or elsewhere; and

any such reference to rights and liabilities of the Preservation of Monuments Board is a reference to such rights to which that Board is entitled or (as the case may be) such liabilities to which that Board is subject, whether under the laws of Singapore or any country outside Singapore and includes rights and liabilities arising under loans raised by that Board.

as a breach of contract or confidence or otherwise as a civil wrong;

as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities; or

as giving rise to any remedy by a party to a legal instrument, or as causing or permitting the termination of any legal instrument, because of a change in the beneficial or legal ownership of any asset or liability.

inspecting any national monument or proposed national monument thereon;

investigating into any contravention or suspected contravention of this Act;

ascertaining whether any of the functions or powers conferred by or under this Act on the Board should or may be exercised; and

taking any action or carrying out any work authorised or required by or under this Act.

to examine any thing or observe any activity conducted in or on the land or site in question without involving any search of any premises, thing or person, or any seizure of any thing, in or on that land or site;

to make a sketch, photograph or still or moving image, or an audio or a video recording, of the land or site in question and any thing in or on that land or site;

to make measurements of the land in question and any thing in or on that land;

to take samples of water, soil, vegetation or other similar substances from the land or site in question and any thing in or on that land or site for the purposes of analysis.

require any person whom the Director or Monument Inspector reasonably believes to have committed that offence to furnish evidence of the person’s identity;

require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, copy or make extracts from such book or document; or

require, by written order, the attendance at such time and place as may be specified in the order of any person within the limits of Singapore who, from any information given or otherwise obtained by the Director or Monument Inspector, appears to be acquainted with the circumstances of the case.

suspects on reasonable grounds that an offence under section 13(7), 15(4), 20(1)(a) or 22(1) has been or is being committed in relation to any land or site; and

is unable to enter, or is refused entry to, the land or site under subsection (1),the Director or Monument Inspector may forcibly enter the land or site without warrant for any purpose in subsection (1)(a), (b), (c) or (d), including by breaking open any outer or inner door or window leading to the land or site and removing by force any obstruction to the entry.

declare his or her office to the owner or occupier; and

show to the owner or occupier the identification card that the chief executive officer of the Board directs to be carried by the Director or Monument Inspector as proof of identity.

refuses to give access to, or assaults, obstructs, hinders or delays, the Director or a Monument Inspector in the discharge of the Director’s or Monument Inspector’s duties under this Act;

wilfully misstates or without lawful excuse refuses to give any information or produce any book, document or copy thereof required of him or her by the Director or a Monument Inspector under subsection (2); or

fails to comply with a lawful demand of the Director or a Monument Inspector in the discharge of the Director’s or Monument Inspector’s duties under this Act,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

the name and address of the person are unknown to him or her;

the person declines to give the person’s name and address; or

there is reason to doubt the accuracy of the name and address given.

to have been committed with the consent or connivance of an officer; or

to be attributable to any neglect on the officer’s part,the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

to have been committed with the consent or connivance of a partner; or

to be attributable to any neglect on the partner’s part,the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or

to be attributable to any neglect on the part of the officer or member,the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or

in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity;

one half of the amount of the maximum fine that is prescribed for the offence; or

$5,000,whichever is the lower.

by delivering it to the person or to some adult member or employee of his or her family or household at his or her last known place of residence;

by leaving it at his or her usual or last known place of residence or place of business in an envelope addressed to the person;

by sending it by registered post addressed to the person at his or her usual or last known place of residence or place of business; or

in the case of an incorporated company, a partnership or a body of persons —

by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or

by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.

to prohibit or to control and regulate the carrying out of any work on or in relation to a national monument or proposed national monument;

to prohibit or to control and regulate the use of a national monument or proposed national monument for any particular purpose;

to prohibit or to control and regulate the doing of any particular act in relation to a national monument or proposed national monument (including the placement or display of signs, banners, posters, buntings, flags or any other advertising material on a national monument or proposed national monument);

to provide for the preservation and protection of any fitting, fixture, artefact or other movable object that is found in, is attached to or forms part of a national monument or proposed national monument;

to prescribe additional duties to be imposed on the owner or occupier of a national monument or proposed national monument in relation to the preservation, protection and use of the national monument or proposed national monument.

may provide that any contravention of, or failure or neglect to comply with, any provision of such regulations shall be an offence;

may prescribe the fine with which the offence shall be punishable, except that no such fine shall exceed for any one offence, the sum of $5,000 and, in the case of a continuing offence, the sum of $100 for every day or part of a day during which the offence continues after conviction; and

may prescribe the offences which may be compounded under section 31.

every preservation order made under section 8 of the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) is deemed to have been made under section 11 of this Act;

any permission, approval, decision, notice, order (not being a preservation order) or other document prepared, made, granted, issued and any act or thing done under or pursuant to the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) and valid immediately before 1 July 2009 is deemed to have been prepared, made, granted, issued or done under or pursuant to the corresponding provision of this Act and continues to have effect accordingly;

any application, request, objection or appeal made to the Preservation of Monuments Board or the Minister under any provision of the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) on which the decision of that Board or the Minister has not been made immediately before 1 July 2009 is deemed to have been made and is to be dealt with under the corresponding provision of this Act;

the powers conferred on the National Heritage Board, the Director or a Monument Inspector by this Act may be exercised in respect of any breach, contravention or non‑compliance of or under the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) as if it were a breach, contravention or non-compliance of or under the corresponding provision of this Act, except any offence committed under the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) before 1 July 2009 is to be dealt with in accordance with the provisions of that Act as if this Act had not been enacted; and

any enforcement process or proceedings commenced, pending or existing immediately before 1 July 2009 in connection with any breach, contravention or non‑compliance of or under the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) may be continued and disposed of under the provisions of that Act as if this Act had not been enacted.