9. The principal Act is amended by inserting, immediately after Part IV, the following Parts:“PART IVA Interpretation of this Part |
18A.—(1) In this Part, unless the context otherwise requires —“immovable property” means any land, premises, building or tenement; |
“maintenance fund” means the maintenance fund established under section 18E; |
“owner”, in relation to any immovable property, means the person for the time being receiving the rent for the immovable property, whether on his own account or as agent or trustee for any other person or as receiver, or who would receive the same if it were let to a tenant, and includes the person whose name is or will be entered in the Valuation List maintained by the Comptroller of Property Tax under the Property Tax Act [Cap. 254] as the owner of the immovable property; |
“resort area” means all that part of Sentosa which is designated by the Corporation, from time to time by notice published in the Gazette, as the resort area for the purposes of this Part. |
(2) For the purposes of this Part, each part of a building divided laterally or horizontally into parts in such a manner that the owner, either solely or jointly with other owners, of one part is not also the owner either solely or jointly with the other owners respectively of any other part, shall be deemed to be a building. |
(3) For the purposes of this Part, each part of a partially completed building, divided laterally or horizontally into parts shall be deemed to be a building. |
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Certain building works not to be carried out without permit |
18B.—(1) No person shall commence or carry out, or permit or authorise the commencement or carrying out of, any building works affecting or changing the facade or external appearance of any building in the resort area unless there is in force a permit granted by the Corporation for carrying out the building works and the Corporation may refuse to grant any such permit.(2) In granting any permit under this section, the Corporation may impose such conditions as it thinks fit. |
(3) Where any person fails to comply with any condition imposed by the Corporation, the Corporation may cancel the permit in relation to which the condition that the person failed to comply with was imposed. |
(4) Any person who contravenes or fails to comply with subsection(1) 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 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction. |
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Marine facility not to be constructed or altered without permit |
18C.—(1) No person shall construct or alter, or permit or authorise the construction or alteration of, any marine facility in the resort area unless there is in force a permit granted by the Corporation for the construction or alteration of the marine facility and the Corporation may refuse to grant any such permit.(2) In granting any permit under this section, the Corporation may impose such conditions as it thinks fit. |
(3) Where any person fails to comply with any condition imposed by the Corporation, the Corporation may cancel the permit in relation to which the condition that the person failed to comply with was imposed. |
(4) Any person who contravenes or fails to comply with subsection (1) 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 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction. |
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Order for cessation of building works, etc. |
18D.—(1) Where in the opinion of the Corporation any building works are or have been carried out, or any marine facility has been constructed or altered, in contravention of the provisions of this Part or any regulations made under this Act, the Corporation may by order in writing require —(a) | the cessation of the building works until the order is withdrawn; | (b) | the demolition of the marine facility; or | (c) | such work or alteration to the building or marine facility to be carried out as may be necessary to cause the same to comply with the provisions of this Part or otherwise to put an end to the contravention thereof, |
and, in every case, the order shall specify all or any of the following: |
(i) | the manner in which the demolition, work or alteration specified in the order is to be carried out; | (ii) | the time within which the demolition, work or alteration shall commence; | (iii) | the time within which the demolition, work or alteration shall be completed; and | (iv) | the demolition, work or alteration shall be carried out with due diligence to the satisfaction of the Corporation. |
(2) An order made under subsection (1) shall be served —(a) | where a building or marine facility has been erected, on the owner or occupier of the building or marine facility; or | (b) | where building works are being carried out, on the person for whom the works are carried out or the builder carrying out the building works. |
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(3) If an order made under subsection (1) is not complied with, the Corporation may demolish, remove or alter, or cause to be demolished, removed or altered, such building or marine facility or take such other steps as appear to the Corporation to be necessary and may recover all expenses reasonably incurred by the Corporation in the exercise of its powers under this section from the person in default. |
(4) Without prejudice to the right of the Corporation to exercise its powers under subsection (3), if any person on whom an order made under subsection (1) is served fails to comply with the order, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprison- ment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction. |
(5) The Corporation may seize any materials resulting from the carrying out of any work under subsection (3). |
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Establishment of maintenance fund for the resort area |
18E.—(1) The Corporation shall establish a maintenance fund for the purposes of managing and maintaining the resort area and of providing and maintaining the infrastructure and other facilities and services for the use of persons living and working in the resort area and the maintenance fund shall be under the direction and control of the Corporation.(2) All moneys received by the Corporation by virtue of section 18F shall be paid into the maintenance fund and all expenditure and other expenses incurred by the Corporation for managing and maintaining the resort area and for providing and maintaining the infrastructure and other facilities and services for persons living and working in the resort area shall be charged to the maintenance fund. |
(3) All moneys in the maintenance fund that are not immediately required may be placed on time deposits with banks or invested in such securities as trustees may by written law be authorised to invest. |
(4) Nothing in this section shall be construed as imposing an obligation on the Corporation to maintain any immovable property in the resort area that is privately owned. |
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Contributions payable by property owners |
18F.—(1) Commencing from a date to be appointed by the Minister, the Corporation may in each month levy a contribution at such rates as may be prescribed in respect of all immovable properties in the resort area and different rates may be prescribed for different types or classes of immovable properties.(2) The contributions referred to in subsection (1) shall be payable by the owners of the immovable properties quarterly in advance, without demand to the Corporation at such dates as may be prescribed. |
(3) The contributions levied under sub-section (1) —(a) | are payable in addition to any property tax levied under the Property Tax Act [Cap. 254]; | (b) | shall become due and payable to the Corporation without any deduction whatsoever and may be recovered as a debt due to the Corporation in any court of competent jurisdiction; and | (c) | if not paid within 30 days when it becomes due and payable, shall bear interest at the prescribed rates. |
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(4) In respect of any contributions levied under subsection (1) and the interest thereon, the owner of the immovable property shall be liable, jointly and severally with any person who was liable to pay the same when the contributions become due and payable, to pay the charges and interest to the Corporation except that a person who has ceased to be the owner of the immovable property shall only be liable to pay the contributions which were unpaid at the time he ceased to be the owner of the immovable property and the interest accruing on the unpaid contributions until such time as they are paid. |
(5) Without affecting the liability of the owner of an immovable property in respect of any contributions levied under this section, where a mortgagee is in possession (whether by himself or any other person) of the immovable property, he shall be liable jointly and severally with the owner of the immovable property for any contributions levied on the immovable property under this section. |
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Recovery of contributions from sale of immovable property |
18G.—(1) Where any contributions and interest thereon levied under section 18F remain unpaid on the expiry of the period of 90 days after the Corporation has served on the owner of the immovable property a written demand for the payment of the contributions, the contributions and any interest accrued thereon shall constitute a charge on the immovable property upon lodgment of an instrument of charge by the Corporation with and the registration thereof by the Registrar.(2) Upon registration of the instrument of charge by the Registrar —(a) | the Corporation shall, subject to sub- section (3), have the power of sale and all other powers relating or incidental thereto as if the Corporation is a registered mortgagee; and | (b) | the contributions and interest owing to the Corporation shall be subject to all statutory charges of any public authority over the immovable property and to all encumbrances registered or notified prior to the date of lodgment of that instrument of charge except that in the case where a prior registered mortgagee or chargee has sold the immovable property in exercise of his power of sale, the registered charge of the estate or interest of the immovable property when transferred to a purchaser by the mortgagee or chargee shall not be over-reached by the exercise of the power of sale by the mortgagee or chargee of a prior registered mortgage or charge. |
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(3) The Corporation shall not exercise its power of sale under subsection (2)(a) unless —(a) | a resolution has been passed by the Corporation to have the immovable property sold; | (b) | a notice of the intended sale approved by the Registrar has been published once in one or more daily newspapers, as may be determined by the Registrar; | (c) | during the period of 6 weeks after the date of such publication no payment has been received for the contributions due including interest thereon and the cost of publication specified in paragraph (b) as well as any other necessary incidental charges; and | (d) | there is no legal action pending in court to restrain the Corporation from proceeding with the sale. |
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(4) Where a transfer of any immovable property has been made by the Corporation in the exercise of its power of sale conferred by this section is lodged with the Registrar for registration —(a) | the Registrar shall not accept the transfer for registration unless the following documents are lodged at the same time:(i) | a certified true copy of the resolution of the Corporation authorising the exercise of its power of sale with the seal of the Corporation affixed thereto and authenticated in accordance with section 22; | (ii) | a copy of every publication containing the notice referred to in subsection (3)(b); and | (iii) | a statutory declaration made by the Chief Executive of the Corporation stating that the unpaid contributions and interest thereon and all necessary incidental costs and expenses owing to the Corporation as of the date of the contract of sale of the immovable property have not been paid and that there is no legal action pending in court to restrain the Corporation from proceeding with the sale of the immovable property; and |
| (b) | neither the person who purchased the immovable property from the Corporation nor the Registrar shall be concerned to inquire into the regularity or validity of the sale or transfer. |
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(5) Where an instrument of charge has been registered against any immovable property under this section, the owner of the immovable property, shall, upon payment of the amount of contributions and interest and any necessary incidental charges owing to the Corporation before it has exercised its power of sale conferred by this section, be entitled to an instrument of discharge executed and acknowledged by the Corporation as to the receipt of such payment, and upon registration of the instrument of discharge or, in the event of the Corporation refusing to execute a discharge, an order of court declaring that the immovable property shall be discharged from the charge, the immovable property be freed from the charge constituted under this section. |
(6) For the purpose of registration of a charge, discharge or transfer under this section, the Registrar may dispense with the production of the relevant duplicate certificate of title. |
(7) Notwithstanding section 74 of the Land Titles Act [Cap. 157] and section 16 of the Registration of Deeds Act [Cap. 269], where further contributions are due to be paid to the Corporation after the instrument of charge under this section, the amount of such contributions due including interest thereon, shall rank in priority to any other claims as if such contributions and the interest thereon were owing to the Corporation at the date of the registration of the charge. |
(8) A charge under subsection (2) shall continue in force until all contributions including interest thereon secured by the charge have been paid. |
(9) This section shall not affect any rights and powers of the Corporation to recover the contributions and interest owing to the Corporation including any legal costs and incidental charges necessarily incurred for the recovery of such contributions in respect of any immovable property as a debt from the owner of, or his successor in title to, the property. |
(10) In this section —“public authority” means the Government, the Collector of Land Revenue, the Comptroller of Property Tax and any other person, corporation or body, authorised or empowered by any written law to attach, sell or acquire land compulsorily; |
“Registrar” means the Registrar of Titles appointed under the Land Titles Act [Cap. 157]. |
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PART IVB Appointment of Marina Superintendent and Deputy and Assistant Marina Superintendents |
18H.—(1) The Corporation may appoint a Marina Superintendent and such number of Deputy and Assistant Marina Superintendents as may be necessary for the purpose of administering and carrying out the provisions of this Part.(2) Whenever, by the provisions of this Part, a power is granted to or a duty imposed upon the Corporation, the power may be exercised or duty performed by the Marina Superintendent or a Deputy or an Assistant Marina Superintendent. |
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General rules for navigation |
18I. A master who navigates his vessel in the waters or waterways of Sentosa —(a) | without due care and attention; or | (b) | in a manner liable to injure or endanger persons, other vessels, the marina facilities in Sentosa or any structure or installation in Sentosa, |
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
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18J.—(1) The owner or master of a vessel adrift in the waters and waterways of Sentosa shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.(2) It shall be a defence to the owner or master of a vessel charged with an offence under subsection (1) to prove that the vessel did not become adrift as the result of any neglect or default on his part. |
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Control of embankments, etc. |
18K. The Corporation is vested with authority over and control of all embankments, revetments, floats, wharves, docks and marine facilities in the waters and waterways of Sentosa whether or not they are owned, leased, controlled, constructed or maintained by the Corporation. |
18L.—(1) The Corporation is vested with authority over and control of navigation and the use of vessels in the waters and waterways of Sentosa and may give general directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the waters and waterways of Sentosa and, in particular, for any of the following purposes:(a) | for designating waterways in Sentosa which vessels are to use or refrain from using for movement or mooring; | (b) | for securing that vessels move only at certain times or during certain periods; | (c) | for prohibiting —(i) | entry into or movement in the waters and waterways of Sentosa by vessels at times of poor visibility due to the weather or other matters; and | (ii) | entry into the waters and waterways of Sentosa by a vessel which for any reason would be, or be likely to become, a danger to other vessels in the waterways; |
| (d) | for the movement, berthing or mooring of a vessel; | (e) | for the removal of any vessel from the waters and waterways of Sentosa if —(i) | it is on fire; | (ii) | it is in a condition where it is liable to be immobilised or waterlogged, or to sink; and | (iii) | it is making an unlawful or improper use of the waters and waterways of Sentosa; |
| (f) | requiring the master of a vessel to give to the Marina Superintendent information relating to the vessel reasonably required by the Marina Superintendent in order to effect the objects of this subsection. |
(2) Directions given under subsection (1) may apply —(a) | to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction; | (b) | to all or some of the waters and waterways of Sentosa or to the parts of the waters and waterways designated in the direction; and | (c) | at all times or at times designated in the direction. |
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(3) The Corporation may revoke or amend any direction given under this section. |
(4) Directions given by the Corporation under this section shall, as soon as practicable after they have been made, be published in the Gazette. |
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Special directions to vessels |
18M. The Marina Superintendent may at any time give a direction to a vessel anywhere in the waters or waterways of Sentosa —(a) | requiring the vessel to comply with the requirement made in or under a general direction; | (b) | regulating or requiring the movement, mooring or unmooring of a vessel; and | (c) | regulating the manner in which a vessel takes in or discharges fuel, water or ship’s stores. |
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Master’s responsibility to be unaffected |
18N. The giving of a general or special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, persons on board or any other person or property. |
Failure to comply with directions |
18O.—(1) The master of a vessel who fails to comply with a general or special direction shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.(2) It shall be a defence to a person charged with an offence under subsection (1) to prove that he had reasonable ground for supposing that compliance with the direction in question would be likely to imperil his vessel or that in the circumstances compliance was impracticable. |
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Enforcement of directions |
18P.—(1) Without prejudice to any other remedy available to the Corporation, if a direction is not complied with within a reasonable time, the Marina Superintendent may, where applicable, put persons aboard the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.(2) If there is no one on board a vessel to attend to a direction, the Marina Superintendent may proceed as if the direction had been given and not complied with. |
(3) Expenses incurred by the Corporation in the exercise of the powers conferred by subsection (1) shall be recoverable by the Corporation as if they were a charge of the Corporation in respect of the vessel.”. |
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