Singapore legislation
Clause 15
Clause 15
Control over work
(1)
No person shall, without the prior written permission of the Board, and whether as principal or agent —
demolish, reconstruct, alter or make additions to a national monument or any part thereof;
repair, renovate, repaint or redecorate a national monument or any part thereof;
deposit any waste material on or flood the land on which a national monument stands or any part thereof; or
do in relation to the national monument or any part thereof or to the land on which the national monument is located such other act as may be prescribed as an act to which this section applies.
(2)
In granting any permission required under subsection (1), the Board may impose such conditions as it thinks necessary for the protection of the national monument, including —
conditions requiring any works affecting the 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 in accordance with the specifications of the Board in the event that any damage is caused to the national monument as a result of the works.
(3)
The Board may refuse to grant any permission as required under subsection (1) if it is of the opinion that the works proposed to be done in relation to the national monument or any part thereof or to the land 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.
(4)
Any person who —
contravenes subsection (1); 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 thereof 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 thereof during which the offence continues after conviction.
(5)
Subject to subsection (6), the court before which a person is convicted of an offence under subsection (4) may, in addition to punishing him in accordance with subsection (4), make an order requiring him —
at his own expense and within such time as may be specified in the order, to restore the 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.
(6)
Where the person convicted of an offence under subsection (4) is a body corporate (as defined in section 29(5)), a partnership or an unincorporated association (other than a partnership), the court may make the additional order referred to in subsection (5) against any person who, by virtue of section 29 is also guilty of that offence as an officer or a partner (as the case may be) of the body corporate, partnership or unincorporated association.
(7)
In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(8)
In any proceedings for an offence under subsection (4), it shall be a defence for the person charged to prove that the act done by him in relation to the national monument had to be carried out urgently or immediately for the safety of persons or property, and that he had exercised all reasonable care to ensure that the act would have no more effect on the character or appearance of the national monument than was necessary in the circumstances.
(9)
Where the court makes an order requiring any person to pay a sum to the Board under subsection (5)(b), such sum, if unpaid, shall be recoverable from that person by the Board as if the sum were a judgment debt due to the Board.
(10)
The Director or a Monument Inspector may enter, at any reasonable time, a national monument or any part thereof in order —
to ascertain whether any works being carried thereon comply with the conditions imposed by the Board under subsection (2); and
to take such action and give such direction as the Director or Monument Inspector considers necessary for the protection of the national monument.