PART 4 | PROVISIONS FOR PRESERVATION OF MONUMENTS |
| Power of Minister to make preservation orders |
11.—(1) Subject to subsection (7), the Minister may, after consulting the Board, make a preservation order to place any monument under the protection of the Board.| (2) A monument which is subject to a preservation order and any land containing or adjacent to the monument that is specified in that preservation order is to be known as a national monument. [36/2021] |
(3) A preservation order must specify the monument protected by it, and extends to —| (a) | all the land containing the monument; and | | (b) | 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 —| (i) | to preserve the monument in its setting; | | (ii) | to provide or facilitate access to the monument; or | | (iii) | to provide for the exercise of proper control or management with respect to the monument. |
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(4) A preservation order must —| (a) | be published in the Gazette; | | (b) | take effect as from the date specified in the preservation order; and | | (c) | remain in force until revoked by the Minister under subsection (6) or until it otherwise ceases to have effect by virtue of section 12. |
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| (5) A copy of the preservation order together with a notice stating the effect of the preservation order must be served upon the owner and the occupier (if the occupier is a different person from the owner) of the monument and the land to which the order extends. |
| (6) Subject to subsection (7), the Minister may, after consulting the Board, by order in the Gazette, amend or revoke a preservation order. |
(7) Before the Minister makes, amends or revokes a preservation order, the Board must —| (a) | 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; | | (b) | 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 | | (c) | consider every objection received under paragraph (b) and make its recommendations to the Minister in relation thereto. |
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(7A) To avoid doubt, the Minister is not prevented from —| (a) | amending or revoking a preservation order relating to a national monument; or | | (b) | 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. |
[36/2021] |
(8) A preservation order binds all subsequent owners and occupiers of, and persons interested in, the land to which it applies and —| (a) | if it affects registered land, is regarded as if it were a statutory obligation under section 142 of the Land Titles Act 1993; and | | (b) | if it affects unregistered land, is regarded as if it were an instrument affecting land under the Registration of Deeds Act 1988. |
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(9) For the purposes of subsection (8), upon the Minister making a preservation order under subsection (1), the Board must —| (a) | 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 | | (b) | 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. |
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(10) Any person who intends to transfer, assign, demise or otherwise deal with any proposed national monument, monument or land affected by a preservation order must give to the Board —| (a) | not less than 2 weeks’ notice in writing of the intended transfer, assignment, demise or dealing (as the case may be); and | | (b) | written notice of the completion of the transfer, assignment, demise or dealing within 2 weeks of the completion thereof. [36/2021] |
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| (11) Any person who contravenes subsection (10) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. |
| (12) The Board must publish, in such manner as it thinks fit, a list of all national monuments and proposed national monuments. [36/2021] |
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| Saving for dwelling house |
| 12. Where a preservation order is made in respect of any structure that appears to the Board to be occupied as a dwelling house and that structure has not been vested in the Board or the Government (as the case may be), then, if the structure is not acquired under the Land Acquisition Act 1966 within the period of one year from the date of the preservation order, the preservation order ceases to have effect in relation to that structure. |
| Duty to maintain national monument |
13.—(1) It is the duty of the owner and the occupier of any national monument to take all reasonable measures to ensure that the national monument is properly maintained at all times in accordance with any guidelines that may be issued by the Board.| (2) The Board may by notice in writing (called a preservation notice) require the owner or occupier of a national monument to carry out, at his or her own expense and within the time specified in the notice, any works for the preservation, maintenance or repair of the national monument that may be specified in the notice. |
(3) The owner or occupier of a national monument may, within 14 days of service on him or her of a preservation notice or within such longer period as the Minister may allow, appeal to the Minister against the requirements of the preservation notice and the Minister may —| (a) | dismiss the appeal; | | (b) | allow the appeal unconditionally; or | | (c) | 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. |
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| (4) The Minister’s decision under subsection (3) is final. |
| (5) Subject to subsection (6), a preservation notice takes effect from the date specified in the preservation notice despite any appeal under subsection (3) that is pending. |
| (6) If the Minister is satisfied that the execution of the preservation notice may be delayed without resulting in any danger or damage to the national monument, the Minister may, subject to any conditions that the Minister thinks fit to impose on the appellant, direct that the preservation notice does not take effect until the determination or abandonment of the appeal. |
| (7) Subject to any direction of the Minister under subsection (6), any person who fails to comply with the requirements of a preservation notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction. |
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| Execution and costs of works required by preservation notice |
14. If the requirements of a preservation notice are not complied with to the satisfaction of the Board —| (a) | the Director or a Monument Inspector may, at any reasonable time, enter the national monument to which the preservation notice relates and cause any of the works specified in the preservation notice and any other works which are in the Board’s opinion necessary for the preservation of the national monument to be carried out; and | | (b) | the expenses reasonably incurred by the Director or Monument Inspector in the exercise of his or her powers under paragraph (a) 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 is, on the date of the preservation notice, the owner or occupier of the national monument. |
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15.—(1) A person must not, without the prior written permission of the Board, and whether as principal or agent —| (a) | demolish, reconstruct, alter or make additions to a national monument or proposed national monument or any part thereof; | | (b) | repair, renovate, repaint or redecorate a national monument or proposed national monument or any part thereof; | | (c) | 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 | | (d) | 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. [36/2021] |
(1A) A person must not, without the prior written permission of the Board, and whether as principal or agent —| (a) | clear, dig up, excavate or cultivate any plant or tree on or in a national monument or proposed national monument which is a site; | | (b) | 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; | | (c) | 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; | | (d) | park or leave any vehicle or vessel on or in a national monument or proposed national monument which is a site; or | | (e) | 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. |
[36/2021] |
(2) In granting any permission required under subsection (1) or (1A), the Board may impose any conditions that the Board thinks necessary for the protection of the national monument or proposed national monument, including —| (a) | 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 | | (b) | 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. [36/2021] |
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(3) The Board may refuse to grant any permission as required under subsection (1) or (1A) if it is of the opinion that the works proposed to be done in relation —| (a) | 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 | | (b) | 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. [36/2021] |
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(4) Any person who —| (a) | contravenes subsection (1) or (1A); or | | (b) | 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 — |
| (c) | 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 | | (d) | 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. [36/2021] |
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(5) Subject to subsection (6), the court before which a person is convicted of an offence under subsection (4) may, in addition to punishing the person in accordance with subsection (4), make an order requiring the person —| (a) | 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 | | (b) | to pay to the Board a sum equivalent to the cost of restoring the national monument or proposed national monument. [36/2021] |
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| (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 mentioned 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 is to, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence. |
(8) In any proceedings for an offence under subsection (4), it is a defence if the person proves, on a balance of probabilities, that the act done or omitted to be done in relation to a national monument or proposed national monument —| (a) | was done or omitted —| (i) | urgently or immediately for the safety of persons or property; and | | (ii) | 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 |
| | (b) | was done or omitted —| (i) | in good faith; and | | (ii) | 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. [36/2021] |
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| (9) Where the court makes an order requiring any person to pay a sum to the Board under subsection (5)(b), the sum, if unpaid, is to 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 proposed national monument or any part thereof in order —| (a) | to ascertain whether any works being carried thereon comply with the conditions imposed by the Board under subsection (2); and | | (b) | 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. [36/2021] |
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| Power to require information about activities affecting national monument or proposed national monument |
16.—(1) Where it appears to the Director or a Monument Inspector that there may have been a contravention of section 15(1) or (1A) in respect of any national monument or proposed national monument, the Director or Monument Inspector may serve a notice to that effect (called an information notice) on any person who —| (a) | is the owner or occupier of the national monument or proposed national monument; | | (b) | has any other interest in the national monument or proposed national monument; | | (c) | is carrying out any operation or activity on the national monument or proposed national monument; or | | (d) | 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 — |
| (e) | the operation or activity that has been or is being carried out on the national monument or proposed national monument; or | | (f) | the purposes for which the national monument or proposed national monument has been or is being used. [36/2021] |
(2) In particular, the information notice may require the person on whom it is served —| (a) | 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; | | (b) | to state when any such use, operation or activity began; | | (c) | 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; | | (d) | 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 | | (e) | 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. [36/2021] |
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| (3) Any requirement of an information notice must be complied with by giving the information in writing to the Director or a Monument Inspector or to any officer or employee of the Board that may be specified in the information notice. |
| (4) The service of an information notice does not affect any other power exercisable by the Board, the Director or a Monument Inspector in respect of any breach of the provisions of this Act. |
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| Non-compliance with information notice |
17.—(1) If, at any time after the end of the period of 21 days beginning with the day on which an information notice has been served on any person, such person has not complied with the requirements of the notice, he or she shall be guilty of an offence.| (2) It is a defence for a person charged with an offence under subsection (1) to prove that he or she did not know, and could not with reasonable diligence have ascertained, the information required. |
(3) A person shall be guilty of an offence if he or she —| (a) | 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 | | (b) | recklessly makes such a statement which is false or misleading in a material particular. |
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| (4) A person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000 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 $100 for every day or part of a day during which the offence continues after conviction. |
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18. If the Board is satisfied —| (a) | that section 15(1) or (1A) has been or is being contravened in respect of a national monument or proposed national monument; or | | (b) | that a national monument or proposed national monument is, due to any operation or activity by any person, at risk of or is actually being destroyed, removed, damaged or altered, |
| the Board may, by notice in writing (called an enforcement notice), require — |
| (c) | the owner or occupier of the national monument or proposed national monument; | | (d) | the person who committed or is committing the contravention; or | | (e) | the person who carried out or is carrying out the operation or activity, |
| to do all or any of the following within the time specified in the enforcement notice: |
| (f) | to stop carrying out in relation to the national monument or proposed national monument any operation or activity that may be specified in the enforcement notice; | | (g) | to stop using the national monument or proposed national monument for any purpose that may be specified in the enforcement notice; | | (h) | to take, at the own expense of the owner, occupier or person given the enforcement notice, any protective, remedial or other measures in relation to the national monument or proposed national monument that may be specified in the enforcement notice. [36/2021] |
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| Appeal to Minister against enforcement notice |
19.—(1) Any person aggrieved by any requirement of an enforcement notice may, within 14 days of service on him or her of the enforcement notice or within any longer period that the Minister may allow, appeal to the Minister against the requirement.(2) Where an appeal is made under subsection (1), the Minister may —| (a) | dismiss the appeal; | | (b) | allow the appeal unconditionally; or | | (c) | 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. |
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| (3) The Minister’s decision under subsection (2) is final. |
| (4) Subject to subsection (5), an enforcement notice takes effect from the date specified in the enforcement notice despite any appeal under subsection (2) that is pending. |
| (5) If the Minister is satisfied that the execution of the enforcement notice may be delayed without resulting in any danger or damage to the national monument or proposed national monument, the Minister may, subject to any conditions that the Minister thinks fit to impose on the appellant, direct that the enforcement notice does not take effect until the determination or abandonment of the appeal. [36/2021] |
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| Non-compliance with enforcement notice |
20.—(1) Subject to any direction of the Minister under section 19(5), if a person on whom an enforcement notice has been served fails to comply with the notice —| (a) | that person shall be guilty of an offence; | | (b) | 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 | | (c) | 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. [36/2021] |
(2) A person guilty of an offence under subsection (1)(a) shall be liable on conviction —| (a) | 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 | | (b) | 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. |
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| (3) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court is to, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence. |
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| 21.—(1) Where the Director or a Monument Inspector considers it necessary or expedient for any actual or apprehended contravention of the provisions of this Act to be restrained by injunction, the Director or Monument Inspector may apply to the General Division of the High Court for an injunction, whether or not the Director or Monument Inspector has exercised or is proposing to exercise any of his or her other powers under this Act. [40/2019] (2) Where the Director or a Monument Inspector applies for an injunction under subsection (1), the General Division of the High Court —| (a) | is not bound to require an undertaking in damages from the Director or Monument Inspector; and | | (b) | may grant any injunction that the General Division of the High Court thinks appropriate in the circumstances. [40/2019] |
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| Defacing, damaging or interfering with national monuments or proposed national monuments |
| 22.—(1) Any person who wilfully defaces, damages or otherwise interferes with any national monument or proposed national monument shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 6 months or to both. [36/2021] (2) The court before which a person is convicted of an offence under subsection (1) may —| (a) | 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 | | (b) | order the person to pay to the Board a sum equivalent to the cost of restoring the national monument or proposed national monument. [36/2021] |
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| (3) Where the court orders any person to pay a sum to the Board under subsection (2)(b), the sum, if unpaid, is to be recoverable from that person by the Board as if the sum were a judgment debt due to the Board. |
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| Interface with other laws and statutory authorities |
22A. Nothing in Part 4 applies to prevent or restrict or render unlawful the Government or a statutory authority (other than the Board) doing or omitting to do anything 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 —| (a) | under any written law other than this Act; and | | (b) | in relation to a national monument or proposed national monument that is, or is on or within —| (i) | any State land; or | | (ii) | any other land or site vested in or under the care, control or management of the Government or that statutory authority. [36/2021] |
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