Port of Singapore Authority (Amendment) Bill

Bill No. 19/1986

Read the first time on 29th July 1986.
An Act to amend the Port of Singapore Authority Act (Chapter 173 of the Revised Edition) and to make consequential amendments to the Merchant Shipping Act (Chapter 172 of the Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Port of Singapore Authority (Amendment) Act 1986 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 2
2.  Section 2 of the Port of Singapore Authority Act (referred to in this Act as the principal Act) is amended —
(a)by deleting the definition of “approach to the port”;
(b)by deleting the definition of “beacon” and substituting the following definition:
“ “beacon” means a prominent specially constructed object forming a conspicuous mark as a fixed aid to navigation;”;
(c)by deleting the definition of “buoy” and substituting the following definition:
“ “buoy” includes a floating object of any size, shape and colour which is moored to the seabed and serves as an aid to navigation or for other specific purposes;”;
(d)by inserting, immediately after the definition of “Chairman”, the following definition:
“ “container” means a receptacle 20 feet or more in length equipped with corner castings to facilitate handling by mechanical equipment;”;
(e)by deleting the definition of “dock” and substituting the following definition:
“ “dock” means an artificial excavation or construction in which vessels can be placed for loading, unloading, fitting out or repairing and includes gridirons, slips, keel blocks, inclined planes and all machinery, works, fixtures and things whatsoever attached or pertaining thereto;”;
(f)by deleting the words “light dues,” and “, garbage removal dues” in the definition of “dues”;
(g)by deleting the definition of “garbage removal dues”;
(h)by inserting, immediately after the word “baggage” in the definition of “goods”, the word “, containers”;
(i)by inserting, immediately after the definition of “harbour craft”, the following definition:
“ “lighthouse” means a distinctive structure on or off a coast exhibiting a major light designed to serve as an aid to navigation;”;
(j)by deleting the definition of “light dues”;
(k)by deleting the words “or the approaches to the port” in the definition of “pilotage district”;
(l)by inserting, immediately after the definition of “premises”, the following definition:
“ “private wharf or dock” means any wharf or dock not owned or operated by the Authority;”; and
(m)by inserting, immediately after the word “jetty” in the definition of “wharf”, the word “, ramp”.
Repeal and re-enactment of section 3
3.  Section 3 of the principal Act is repealed and the following section substituted therefor:
Declaration of ports
3.—(1)  The Minister may, after consultation with the Authority and by notification in the Gazette, declare any place in Singapore and any navigable river or waters leading into such place to be the port within the meaning of this Act.
(2)  Every declaration under subsection (1) shall define the limits of the port.”.
Repeal of section 7
4.  Section 7 of the principal Act is repealed.
Amendment of section 10
5.  Section 10(d) of the principal Act is amended by deleting the words “navigational aids” and substituting the words “aids to navigation”.
Amendment of section 25
6.  Section 25 of the principal Act is amended —
(a)by inserting, immediately after the words “belonging to” in the second line of subsection (1), the words “or in the custody or possession of”;
(b)by deleting the words “five hundred dollars” in subsection (1) and substituting “$2,000”;
(c)by inserting, immediately after the words “belonging to” in the second line of subsection (3), the words “or in the custody or possession of”; and
(d)by deleting the words “five hundred dollars” in subsection (3) and substituting “$2,000”.
Amendment of section 26
7.  Section 26 of the principal Act is amended by deleting subsections (1) and (2) and substituting the following subsections:
(1)  Where damage is done to any property of the Authority by any vessel or float of timber, the cost of making good the damage, including the expenses of any inspection or survey carried out by the Authority to ascertain such damage, if any, may be recovered by the Authority as a debt from the master, owner or person in charge of the vessel or float of timber, as the case may be.
(2)  The Authority may detain any such vessel or float of timber until the costs of making good such damage has been paid to the Authority or may require the master, owner or person in charge of the vessel or float of timber to deposit such sum of money or furnish such security as may be required by the Authority in order to meet the costs of making good the damage, whether actual or estimated by the Authority.”.
Repeal and re-enactment of section 36
8.  Section 36 of the principal Act is repealed and the following section substituted therefor:
Appointment of staff
36.—(1)  The Authority may from time to time appoint and employ on such terms and conditions as the Authority may determine such officers and employees as may be necessary for the effective performance of its functions.
(2)  The Authority may make rules, not inconsistent with this Act, for the manner of appointment, conduct and discipline and the terms and conditions of service of the officers and employees of the Authority.”.
Amendment of section 37
9.  Section 37(1) of the principal Act is amended by inserting, immediately after the word “dependants,” in the sixth line, the words “or to any person nominated by such employees,”.
Repeal and re-enactment of section 39B
10.  Section 39B of the principal Act is repealed and the following section substituted therefor:
Special provisions relating to the sale by the Authority of a flat, house or building
39B.—(1)  Where —
(a)a flat, house or building is sold by the Authority to any person under the provisions of this Part; or
(b)any estate or interest in such flat, house or building is —
(i)subsequently transferred by or to any person with the consent of the Authority; or
(ii)surrendered to the Authority,
and a solicitor is not employed by such person to act for him in the transaction, the Authority may by its duly authorised officer act for such person.
(2)  Where the Authority acts for any person referred to in subsection (1), then for the purposes of the registration of any instrument relating to the sale of the flat, house or building or any transaction referred to in that subsection —
(a)in the case of an instrument presented for registration under the Registration of Deeds Act (Cap. 281), section 12 of that Act shall not apply if a duly authorised officer of the Authority certifies that the flat, house or building has been sold under the provisions of this Part;
(b)in the case of an instrument lodged for registration under the Land Titles Act (Cap. 276), a certificate of an officer of the Authority duly authorised by the Authority to act for such person referred to in subsection (1) shall be sufficient for the purposes of section 50 of that Act; and
(c)a certificate by an officer of the Authority duly authorised by the Authority to act for such person referred to in subsection (1) shall be sufficient for the purposes of section 20(2) of the Residential Property Act 1976 (Act 18 of 1976).
(3)  Section 35 of the Legal Profession Act (Cap. 217) shall not apply to any officer of the Authority acting for any party to the transactions referred to in subsection (1).”.
Amendment of section 39C
11.  Section 39C(6) of the principal Act is amended by deleting the words “an appeal to the Minister under subsection (5) of this section has been dismissed” in the fifth, sixth and seventh lines and substituting the words “no appeal under subsection (5) has been made within the time referred to in that subsection or an appeal under that subsection has been dismissed”.
Amendment of section 39G
12.  Section 39G of the principal Act is amended by inserting, immediately after subsection (1), the following subsection:
(1A)  (a)  Subsection (1)(b) shall not apply to any commercial property not exceeding in value $250,000 or such higher value as the Minister may allow which the owner or his spouse has acquired with the prior written consent of the Authority.

(b)For the purposes of paragraph (a), “commercial property” means any flat, house or building or any part thereof which is permitted to be used pursuant to the Planning Act (Cap. 279) or any other written law for the purpose of carrying on any business or which is lawfully so used.”.

Amendment of section 39I
13.  Section 39I (1) of the principal Act is amended by inserting, immediately before the word “summons” in the fifteenth line, the word “originating”.
Amendment of section 50
14.  Section 50 of the principal Act is amended —
(a)by inserting, immediately after the word “owner”, the word “, agent”; and
(b)by deleting the words “, light and garbage removal” and substituting the words “or other”.
Amendment of section 51
15.  Section 51(1) of the principal Act is amended by inserting, immediately after the word “master”, the word “, agent”.
Amendment of section 53
16.  Section 53 of the principal Act is amended by deleting the words “light dues,” and “, garbage removal dues”.
Amendment of section 56
17.  Section 56 of the principal Act is amended —
(a)by deleting paragraphs (a) to (l) and paragraphs (n) to (o) of subsection (1); and
(b)by inserting, immediately after the word “rendered” in subsection (3), the words “, facilities provided”.
New section 56A
18.  The principal Act is amended by inserting, immediately after section 56, the following section:
Power to determine fees
56A.  The Authority may determine the fees to be paid in respect of the issue or renewal of any licence or permit issued under this Act or any regulations made thereunder.”.
Amendment of section 60
19.  Section 60 of the principal Act is amended —
(a)by deleting the words “goods for which a through bill of lading has been issued” in the seventh and eighth lines of subsection (1) and substituting the words “goods for transhipment or re-export”; and
(b)by deleting the words “under the Merchant Shipping Act” in subsection (2)(d) and substituting the words “to the Authority”.
Amendment of section 61
20.  Section 61 of the principal Act is amended —
(a)by inserting, immediately after the word “rates” in subsection (1), the word “, damages”;
(b)by inserting, immediately after the word “rates” in the first and in the seventh lines of subsection (2), the word “, damages”; and
(c)by inserting, immediately after the word “rates” in subsection (3), the word “, damages”.
Repeal of section 63
21.  Section 63 of the principal Act is repealed.
Amendment of section 64
22.  Section 64 of the principal Act is amended —
(a)by deleting paragraph (b) of subsection (1) and substituting the following paragraph:
(b)the conduct of inquiries into any case where damage has been caused to or by a vessel;”;
(b)by inserting, immediately after the word “owners” in subsection (1)(j), the word “, agents”;
(c)by deleting the words “and providing for the licensing thereof” in subsection (1)(k);
(d)by deleting the words “and movements on shore” in subsection (1)(m);
(e)by inserting, immediately after the word “country” in subsection (1)(m), the words “and the movement of such personnel within the port”;
(f)by inserting, immediately after the words “such towage or assistance” in subsection (1)(q), the words “and prohibiting such towage or assistance except through the Authority or by agreement with the Authority”;
(g)by deleting the word “tarpons” in subsection (1)(v) and substituting the word “gangways”;
(h)by inserting, immediately after the word “facilities” in subsection (1)(v), the words “and providing for the licensing thereof”;
(i)by deleting the words “navigational aids” in subsection (1)(w) and substituting the words “aids to navigation”;
(j)by inserting, immediately after the word “Authority” in subsection (1)(w), the words “and providing for the licensing thereof”;
(k)by deleting paragraphs (x), (y) and (z) of subsection (1) and substituting the following paragraphs:
(x)prohibiting the loading and discharging of cargo other than at piers and places authorised for loading and discharging of cargo under the Customs Act (Cap. 133) or the Control of Imports and Exports Act (Cap. 240) or any regulations made thereunder;
(y)prescribing manning requirements for harbour craft; and
(z)prescribing the standards of competence to be attained (subject to any exemptions allowed by or under the regulations) by officers and crew of harbour craft in order to be qualified for the purposes of manning harbour craft and providing for, for such purposes, the conduct of any examinations, the conditions for admission to them and the issue, form and recording of licences or certificates and other documents.”;
(l)by inserting, immediately after the word “berthing” in subsection (2)(b), the words “, anchoring or mooring”;
(m)by inserting, immediately after the word “lighterage,” in subsection (2)(d), the word “handling,”;
(n)by inserting, immediately after the word “loading” in the first and in the third lines of subsection (2)(f), the word “, handling”;
(o)by inserting, immediately after the word “loading” in subsection (2)(h), the word “, handling”; and
(p)by deleting subsection (4) and substituting the following subsection:
(4)  The Authority may, in making any regulation under this section, provide that any contravention of or failure to comply with any regulation shall be an offence and may prescribe as a penalty in respect of any one offence a fine not exceeding $20,000 and in the case of a continuing offence a further fine not exceeding $2,000 for every day or part thereof during which such offence continues after conviction or an imprisonment for a term not exceeding 6 months or both.”.
Amendment of section 65
23.  Section 65 of the principal Act is amended —
(a)by deleting the words “within the port and the approaches to the port” in paragraphs (a) and (b) and substituting in each case the words “within the territorial waters of Singapore”;
(b)by deleting the word “and” at the end of paragraph (b); and
(c)by deleting the full-stop at the end of paragraph (c) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:
(d)by notification in the Gazette, declare the berths, locations, anchorages and fairways which may be used by vessels and the areas which are prohibited or restricted areas.”.
New sections 65A to 65F
24.  The principal Act is amended by inserting, immediately after section 65, the following sections:
Owner, agent or master to report arrival or departure
65A.—(1)  The Port Master may direct the owner, agent or master of any vessel intending to enter or leave the port to furnish, before entering or leaving the port, such information as the Port Master may require relating to the vessel, its cargo and the estimated time of entering or leaving the port.
(2)  The owner, agent or master of any vessel arriving in the port shall —
(a)on arrival, report or cause to be reported by such means as the Port Master may from time to time direct the arrival of the vessel;
(b)within 24 hours of arrival, deposit at the office of the Port Master —
(i)a general declaration of arrival in such form as the Port Master may determine;
(ii)the clearance from the last port;
(iii)a list of passengers on board;
(iv)a list of crew;
(v)a copy of the manifest of cargo to be discharged or transhipped in the port; and
(vi)such other documents as may be required by the Port Master from time to time;
(c)in the case of vessels belonging to a nation not having a consular officer at the port, produce to the Superintendent as defined in the Merchant Shipping Act (Cap. 172) the certificate of registry and shall deposit with him the ship’s articles.
(3)  The owner, agent or master of any vessel who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Port Master may require vessel in transit in the port or the approaches thereto to provide information
65B.—(1)  The Port Master may at any time require the owner or master of any vessel which is in transit in the port or the approaches thereto to provide him with such particulars of the vessel, its cargo and equipment as the Port Master may determine.
(2)  Any owner or master of a vessel who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
No vessel to leave port without port clearance
65C.—(1)  No vessel, other than a vessel referred to in subsection (3), shall leave the port without the owner, agent or master obtaining port clearance from the Port Master.
(2)  The owner, agent or master of the vessel applying for port clearance under subsection (1) shall —
(a)deposit at the office of the Port Master —
(i)a general declaration of departure in such form as the Port Master may determine;
(ii)a list of crew;
(iii)a list of passengers on board;
(iv)a copy of the manifest of cargo on board and cargo loaded on or discharged at the port; and
(v)such other documents as may be required by the Port Master from time to time; and
(b)produce for inspection the certificate of registration of the vessel.
(3)  This section shall not apply to —
(a)any ship of war;
(b)any vessel belonging to or for the time being in the service or employment of the Government unless such vessel is carrying or habitually carries cargo or passengers for freight or fares; and
(c)vessels which have been exempted from complying with this section by the Minister.
(4)  If any vessel, not being exempted from complying with this section, leaves or attempts to leave the port without port clearance, the owner, agent or master of the vessel or any person who sends or attempts to send the vessel to sea shall, if that owner, agent, master or person is party or privy to the offence, be guilty of an offence and shall be liable on conviction for every offence to a fine not exceeding $10,000, and the vessel, if she has not left Singapore waters, may be detained.
(5)  No port clearance shall be granted to any vessel whose owner, agent or master has not complied with the Registration of Imports and Exports Act (Cap. 298), or any other Act relating to the import or export of goods into or from Singapore.
(6)  Where under this Act or any other written law a vessel is to be detained, the Port Master shall, and where under this Act or any other written law a vessel may be detained the Port Master may, refuse to issue a port clearance to that vessel.
(7)  The Port Master may refuse to issue a port clearance to any vessel whose owner or master has not complied with, or has been charged with an offence under, any of the provisions of this Act or any other written law.
(8)  The Port Master may refuse to issue a port clearance to any vessel which has anchored in the submarine cable corridor unless the owner, agent or master of the vessel has deposited such sum of money or furnished such security as may be required by the Telecommunication Authority of Singapore in order to meet the costs of making good the damage, whether actual or estimated by the Telecommunication Authority of Singapore, to the submarine cable and its associated plant (referred to in this section as the submersible plant).
(9)  Where the Telecommunication Authority of Singapore has reason to believe that the submersible plant has been damaged by a vessel, the Telecommunication Authority of Singapore may require the owner, agent or master of that vessel to carry out an inspection or survey of the submersible plant in such manner as it considers necessary.
(10)  The expenses of any inspection or survey of the submersible plant carried out under subsection (9) shall be paid by the owner, agent or master of the vessel.
(11)  For the purposes of subsections (8) to (10), “submarine cable corridor” means the area designated by the Port Master as the submarine cable corridor.
(12)  The Port Master shall not issue a port clearance for any vessel until the owner, agent or master of such vessel has declared to him the name of the nation or state to which he claims that she belongs, and if so required by the Port Master, has produced the certificate of registry of the vessel and the Port Master shall thereupon inscribe that name on the port clearance.
Owner, agent or master of vessel not leaving within 48 hours after port clearance to return port clearance to the Port Master
65D.—(1)  The owner, agent or master of any vessel which fails to leave the port within 48 hours, or such shorter period as may be specified by the Port Master, after obtaining the port clearance shall, within 6 hours after the expiry of the 48 hours or such shorter period specified by the Port Master, return to the Port Master the port clearance issued, and if so required, obtain a fresh port clearance.
(2)  Any owner, agent or master of a vessel who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction for every offence to a fine not exceeding $5,000 and the vessel may be detained.
Power to prohibit vessels from entering the territorial waters
65E.  The Port Master may prohibit any vessel from entering the territorial waters of Singapore if he is of the opinion that it would not be in the interests of Singapore for such vessel to enter Singapore.
Power to direct vessels to leave the territorial waters
65F.—(1)  The Port Master may direct any vessel to leave the territorial waters of Singapore if he is of the opinion that it would not be in the interests of Singapore for such vessel to remain within the territorial waters of Singapore.
(2)  Any person aggrieved by the direction of the Port Master under subsection (1) may, within 7 days of the receipt of such direction, appeal to the Minister whose decision shall be final.
(3)  If any vessel fails to leave the territorial waters of Singapore within the time specified by the Port Master, or where an appeal has been made to the Minister under subsection (2), after the appeal has been refused, the Authority may take possession of and dispose of such vessel in any manner the Authority thinks fit.”.
Amendment of section 66
25.  Section 66(1) of the principal Act is amended —
(a)by deleting the words “five hundred dollars” and substituting “$5,000”; and
(b)by deleting the words “one hundred dollars” and substituting “$500”.
Amendment of section 68
26.  Section 68 of the principal Act is amended —
(a)by inserting, immediately after the words “Port Master” in subsection (1), the words “or his authorised representative”; and
(b)by deleting the words “may himself” in subsection (2) and substituting the words “or his authorised representative may”.
Amendment of section 69
27.  Section 69 of the principal Act is amended —
(a)by inserting, immediately after the words “Port Master” in subsections (1) and (2), the words “or his authorised representative or any officer of the Authority authorised by the Authority”; and
(b)by deleting the words “two hundred dollars” in subsection (2) and substituting “$1,000”.
Repeal and re-enactment of section 72
28.  Section 72 of the principal Act is repealed and the following section substituted therefor:
Exemption
72.  The Authority may, with the approval of the Minister, exempt any vessel or any class or description of vessel from any of the provisions of this Part.”.
Repeal and re-enactment of Part VIIIA
29.  Part VIIIA of the principal Act is repealed and the following Part substituted therefor:
PART VIIIA
REMOVAL OF VESSELS AND AIRCRAFT SUNK AND OTHER OBSTRUCTIONS
Power to require owner to raise, remove or destroy vessels, aircraft or other obstructions
72A.—(1)  If in the opinion of the Authority any vessel, aircraft or other object sunk, stranded or abandoned within the port or the approaches thereto is, or is likely to become, an obstruction, impediment, or danger to navigation or to the safe and convenient use or operation of the port, the Authority may by notice in writing require the owner of the vessel, aircraft or object to raise, remove or destroy the whole or any part of such vessel, aircraft or object within such time as may be specified in the notice.
(2)  Any notice to be served by the Authority under subsection (1) shall be deemed to be sufficiently served if addressed to “the owner” of the vessel, aircraft or object, as the case may be, and —
(a)sent by registered post to the last known place of residence or business or registered office of the owner of the vessel, aircraft or object; or
(b)affixed to some conspicuous part of the vessel, aircraft or object.
(3)  Any person who fails to comply with a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and in the case of a continuing offence to a fine not exceeding $2,000 for every day or part thereof during which the notice is not complied with.
Power to raise and remove vessels, aircraft or other obstructions
72B.—(1)  Notwithstanding section 72A, if the vessel, aircraft or other object is not raised, removed or destroyed within such time as may be given in the notice under section 72A(1), the Authority may —
(a)take possession of and raise, remove or destroy the whole or any part of such vessel, aircraft or object;
(b)light, mark or buoy such vessel or aircraft until the raising, removal or destruction thereof; and
(c)sell, in such manner as it thinks fit, any such vessel, aircraft or object.
(2)  The Authority may use the proceeds of the sale under subsection (1)(c) to reimburse itself for the whole of the expenses incurred by it in the exercise of its powers under this section.
(3)  The Authority shall on demand pay the surplus, if any, of the proceeds of the sale under subsection (1)(c) to the owner or any person entitled to it and if no demand is made by the owner within 12 months from the date of such sale, the surplus shall be paid into the funds of the Authority.
(4)  If the proceeds of the sale under subsection (1)(c) are insufficient to reimburse the Authority for the whole expenses incurred by it, the Authority may recover the balance from the owner of the vessel, aircraft or object as a debt in any court of competent jurisdiction.
(5)  If any vessel, aircraft or object or any part thereof is destroyed by the Authority under subsection (1)(a), the owner of such vessel, aircraft or object shall reimburse the Authority for the expenses incurred by it in such destruction.
(6)  For the purposes of this section, “vessel” or “aircraft” includes every article or thing or collection of things being or forming part of the tackle, equipment, cargo, stores or ballast of a vessel or aircraft, as the case may be.”.
Amendment of section 73
30.  Section 73(1) of the principal Act is amended by deleting the words “or the approaches to the port”.
Amendment of section 74
31.  Section 74 of the principal Act is amended —
(a)by deleting subsection (1) and substituting the following subsection:
(1)  Every vessel while navigating in any pilotage district or part thereof shall be under pilotage and the owner, agent or master of the vessel shall comply with that requirement.”; and
(b)by inserting, immediately after subsection (2), the following subsection:
(3)  The Authority may, if it appears to the Authority to be necessary, exempt any vessel or class of vessels while navigating in any pilotage district from being under pilotage subject to such terms and conditions as it may think fit to impose.”.
New section 74A
32.  The principal Act is amended by inserting, immediately after section 74, the following section:
Vessel to be piloted by an Authority pilot
74A.—(1)  No vessel shall be piloted in a pilotage district by any person other than an Authority pilot.
(2)  Notwithstanding subsection (1) —
(a)the Authority may, if it considers expedient, authorise any person to pilot vessels in a pilotage district subject to such terms and conditions as it thinks fit; and
(b)the owner of a private wharf or dock may, with the approval of the Authority and subject to such terms and conditions as the Authority may impose, authorise any person to act as a berthing master for the purposes of berthing and unberthing, docking and undocking vessels at such wharf or dock.”.
Amendment of section 76
33.  Section 76 of the principal Act is amended by inserting, immediately after paragraph (b), the following paragraph:
(ba)holding inquiries into the conduct of persons authorised by the Authority to pilot vessels in a pilotage district pursuant to section 74A(2)(a) in the discharge of their duties;”.
Amendment of section 77
34.  Section 77(1) of the principal Act is amended by deleting paragraph (b) and substituting the following paragraph:
(b)four other persons, out of which three persons must have, in the opinion of the Authority, knowledge of or experience in nautical matters.”.
Amendment of section 81
35.  Section 81 of the principal Act is amended —
(a)by inserting, immediately after the words “Authority pilot” in subsection (1), the words “or a person authorised by the Authority to pilot vessels pursuant to section 74A(2)(a)”; and
(b)by deleting the words “five hundred dollars” in subsection (3) and substituting “$2,000”.
Amendment of section 82
36.  Section 82 of the principal Act is amended by inserting, immediately after subsection (3), the following subsection:
(4)  Where the Pilotage Committee, after due inquiry in accordance with the provisions of this Part, finds that any person authorised by the Authority to pilot vessels pursuant to section 74A(2)(a) has been negligent in piloting any vessel or has become incompetent to act as a pilot, it shall submit its findings to the Authority and the Authority shall thereupon revoke such authorisation.”.
Amendment of section 85
37.  Section 85 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:
(1)  The issue of a licence to a pilot by the Pilotage Committee on behalf of the Authority under section 80 or the authorisation given by the Authority to any person to pilot vessels in the pilotage district pursuant to section 74A(2)(a) shall not impose any liability on the Pilotage Committee or the Authority for any loss or damage occasioned by any act, omission or default of such pilot or authorised person.”.
Amendment of section 87
38.  Section 87(2) of the principal Act is amended by deleting the words “two thousand dollars” and substituting “$5,000”.
Amendment of section 90
39.  Section 90 of the principal Act is amended —
(a)by deleting paragraph (b) of subsection (1) and substituting the following paragraphs:
(b)for damage to or destruction of any goods which have been duly acknowledged by the Authority to be in its custody (other than goods referred to in paragraph (c)) in the sum of more than $2,000 per package or unit of such goods;
(c)for damage to or destruction of any goods contained in any container which have been duly acknowledged by the Authority to be in its custody, in the sum of more than —
(i)$5,000 in the case of a container of up to 20 feet in length or $10,000 in the case of a container exceeding 20 feet in length; or
(ii)the actual cost of repair or replacement of such container and the goods packed in such container,
whichever is the less.”; and
(b)by inserting, immediately after subsection (2), the following subsection:
(3)  For the purposes of this Part, where a container, pallet or similar article is used to consolidate goods, notwithstanding that the goods have been separately enumerated in the bill of lading as having been packed in such container, pallet or article, the resultant consolidation shall be deemed and shall count as one package or shipping unit.”.
Amendment of section 92
40.  Section 92 of the principal Act is amended —
(a)by deleting the words “such goods:” in the seventh line and substituting the following words: “such goods except that the Authority shall not be liable —
(a)for any such loss or destruction of or damage to any goods other than goods referred to in paragraph (b) in the sum of more than $2,000 per package or unit of such goods;
(b)for loss or destruction of or damage to any goods contained in any container in the sum of more than —
(i)$5,000 in the case of a container of up to 20 feet in length or $10,000 in the case of a container exceeding 20 feet in length; or
(ii)the actual cost of repair or replacement of such container and the goods packed in such container,
whichever is the less.”; and
(b)by deleting the proviso.
Amendment of section 93
41.  Section 93 of the principal Act is amended —
(a)by deleting the word “or” at the end of paragraph (l); and
(b)by deleting the full-stop at the end of paragraph (m) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:
(n)power failure or mechanical failure of any equipment or apparatus unless caused by the actual fault or privity of the Authority.”.
Amendment of Part XA
42.  The principal Act is amended by inserting, immediately after the word “CONTROL” in the heading of Part XA the words “OF SEAWARD ACTIVITIES”.
Amendment of section 98A
43.  Section 98A of the principal Act is amended by inserting, immediately after subsection (1), the following subsection:
(1A)  The Authority may grant the approval referred to in subsection (1) with or without conditions or may refuse to grant such approval.”.
Amendment of section 98C
44.  Section 98C of the principal Act is amended by inserting, immediately after subsection (1), the following subsection:
(1A)  The Authority may grant the licence with or without conditions or may refuse to grant the licence.”.
Repeal of Part XB
45.  Part XB of the principal Act is repealed.
Amendment of section 100
46.  Section 100 of the principal Act is amended —
(a)by deleting the word “or” at the end of paragraph (f)(i);
(b)by deleting the comma at the end of paragraph (f)(ii) and substituting the word “; or”, and by inserting immediately thereafter the following sub-paragraph:
(iii)in contravention of any regulation made under this Act thereby endangering the life of any person,”; and
(c)by deleting the words “one thousand dollars” and substituting “$5,000”.
Amendment of section 101
47.  Section 101 of the principal Act is amended —
(a)by deleting subsection (1) and substituting the following subsection:
(1)  Any person who, not being an Authority pilot or a person authorised under section 74A(2)(a), engages in any pilotage act or attempts to obtain employment as a pilot of a vessel entering or within any pilotage district shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.”;
(b)by deleting subsection (2); and
(c)by deleting subsections (3) and (4) and substituting the following subsections:
(3)  Any owner, agent or master of a vessel entering or within any pilotage district who knowingly employs —
(a)as a pilot any person who is not an Authority pilot;
(b)as a pilot any person who is not authorised to pilot vessels under section 74A(2)(a); or
(c)as a berthing master any person who is not authorised to act as a berthing master under section 74A(2)(b),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(4)  For the purposes of this section, an Authority pilot or a person authorised under section 74A(2)(a) or (b) acting beyond the limits for which he is licensed or authorised to act or acting in contravention of any of the conditions imposed under section 74A(2)(a) or (b) or 80 shall be deemed not to be an Authority pilot.”.
Amendment of section 102
48.  Section 102 of the principal Act is amended —
(a)by deleting the words “either within or without the pilotage districts for which he is licensed,” in subsection (1); and
(b)by deleting subsection (3).
Repeal of section 103
49.  Section 103 of the principal Act is repealed.
Amendment of section 104
50.  Section 104 of the principal Act is amended —
(a)by inserting, immediately after the word “master”, the word “, agent”;
(b)by deleting the words “of this Act,” and “under this Act”; and
(c)by deleting the words “one thousand dollars” and substituting the words “$5,000 and shall in addition be liable to pay to the Authority as penalty double the amount of pilotage dues and rates which would have been payable if the vessel had been under pilotage as required under section 74”.
Amendment of section 105
51.  Section 105(1) of the principal Act is amended by inserting, immediately after the word “master”, the word “, agent”.
Amendment of section 106
52.  Section 106 of the principal Act is amended by inserting, immediately after the word “makes”, the words “any negligent mis-statement or”.
Repeal and re-enactment of section 107
53.  Section 107 of the principal Act is repealed and the following section substituted therefor:
Penalty for giving false information as to draught of vessels, etc.
107.—(1)  Any owner, agent or master of a vessel entering or leaving or within the port or the approaches thereto who makes any negligent mis-statement or gives false information of the type of vessel, its draught, length, beam or height to the Authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.
(2)  For the purposes of this section, “height of vessel” shall be the height of the vessel measured vertically from the waterline of the vessel to the highest point of the vessel including its cargo, structure or equipment on board.”.
New section 113A
54.  The principal Act is amended by inserting, immediately after section 113, the following section:
Power to require security
113A.  The Authority may require any person to furnish such security as the Authority may think fit for the payment of any dues and rates payable under this Act or for any other purpose of this Act.”.
Amendment of section 120
55.  Section 120(2) of the principal Act is amended by deleting the words “fifty dollars” and substituting “$200”.
Amendment of section 120A
56.  Section 120A of the principal Act is amended by inserting, immediately after the word “Authority”, the words “or the Port Master”.
Repeal and re-enactment of section 120B
57.  Section 120B of the principal Act is repealed and the following section substituted therefor:
Execution of orders of Port Master
120B.  All acts, orders or directions by this Act authorised to be done or given by the Port Master may be done or given by an employee of the Authority subject to the control of the Port Master and duly authorised by him.”.
Amendment of section 122
58.  Section 122(1) of the principal Act is amended by deleting the words “one thousand dollars” and substituting “$2,000”.
Amendment of section 125A
59.  Section 125A(1) of the principal Act is amended by deleting the words “one hundred dollars” and substituting “$500”.
Amendment of section 128
60.  Section 128 of the principal Act is amended —
(a)by deleting the words “five hundred dollars” and substituting “$2,000”; and
(b)by deleting the words “fifty dollars” and substituting “$200”.
Repeal and re-enactment of the First Schedule
61.  The First Schedule to the principal Act is repealed and the following Schedule substituted therefor:
FIRST SCHEDULE
Section 6.
Constitution and Proceedings of the Authority
Members of the Authority
1.—(1)  The Authority shall consist of —
(a)a Chairman; and
(b)not less than 5 other members as the Minister may from time to time determine.
(2)  The Minister may appoint the Executive Director to be a member of the Authority.
(3)  The Minister may appoint one of the members to be the Deputy Chairman; and the Deputy Chairman so appointed may, subject to such directions as may be given by the Chairman, exercise all or any of the powers exercisable by the Chairman under this Act.
(4)  The Chairman and members of the Authority shall be appointed by the Minister.
(5)  A member of the Authority shall hold office for such term as the Minister may specify in his appointment, being not longer than 3 years and shall be eligible for re-appointment.
(6)  Any member of the Authority may at any time by notice in writing to the Minister resign his office.
(7)  The Minister may revoke any appointment made under sub-paragraph (1) without assigning any reason.
(8)  The Authority shall pay to the Chairman, Deputy Chairman and members of the Authority such salaries, fees and allowances as the Minister may from time to time determine.
Temporary Chairman or Deputy Chairman
2.  The Minister may appoint any member to be a temporary Chairman or temporary Deputy Chairman during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairman or the Deputy Chairman, as the case may be.
Temporary members
3.  The Minister may, subject to paragraph 1, appoint any suitable person to be a temporary member of the Authority during the absence or incapacity owing to illness or otherwise of any member of the Authority appointed by him.
Vacation of office
4.  The seat of a member of the Authority shall become vacant —
(a)on his death;
(b)if he, without sufficient cause (the sufficiency whereof to be decided by the Authority), fails to attend 3 consecutive meetings of the Authority;
(c)if he becomes in any manner disqualified for membership of the Authority;
(d)if he resigns his seat; or
(e)if his appointment is revoked.
Filling of vacancies
5.  If a vacancy occurs in the membership of the Authority, the Minister may, subject to paragraph 1, appoint any person to fill the vacancy and the person so appointed shall hold office for so long as the member in whose place he is appointed would have held office.
Disqualification from membership
6.  No person shall be appointed or shall continue to hold office as a member of the Authority if he —
(a)is subject to a receiving order made against him or has made any arrangement or composition with his creditors or is prohibited from being a director of a company under the Companies Act (Cap. 185);
(b)is an undischarged bankrupt;
(c)has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or
(d)is a person found or declared under any written law to be of unsound mind.
Proceedings of the Authority
7.—(1)  At all meetings of the Authority, 5 members shall form a quorum.
(2)  The Chairman shall preside at all meetings of the Authority at which he is present and in his absence the Deputy Chairman or, if the Deputy Chairman is also absent, such member as the members present may elect shall preside.
(3)  Meetings of the Authority shall be held at such times and places as the Authority may think fit.
(4)  Subject to the provisions of this Act, the Authority may regulate its own procedure.
Decision of majority at meeting
8.—(1)  A decision of the Authority or any committee appointed by the Authority shall be adopted by a simple majority of the members of the Authority or committee, as the case may be, present and voting.
(2)  The member presiding at any meeting of the Authority or any committee appointed by the Authority have a vote and, in the case of an equality of votes, a second or casting vote.
Vacancy not to invalidate acts
9.—(1)  The validity of any proceedings of the Authority or any committee appointed by the Authority shall not be affected by any vacancy amongst its members or by any defect in the appointment of any member.
(2)  Until the contrary is proved, every meeting of the Authority or any committee appointed by the Authority shall be deemed to have been duly convened and held and all the members present thereat shall be deemed to have been duly qualified.
Disclosure of interest by members
10.—(1)  If a member of the Authority has a pecuniary interest, direct or indirect, in any contract, proposed contract or other matter which is before any meeting of the Authority, he shall at that meeting declare the nature of his interest and shall not take part in the consideration or discussion of, or vote on any question with respect to that contract or other matter, and if the Chairman or the person presiding at that meeting so directs, he shall withdraw from the meeting during such consideration or discussion.
(2)  Notwithstanding sub-paragraph (1), for the purpose of determining whether there is a quorum, a member shall be treated as being present at a meeting notwithstanding that, under that sub-paragraph, he cannot vote or has withdrawn from the meeting.
Delegation of powers
11.—(1)  The Authority may, subject to such conditions or restrictions as it thinks fit, delegate to any member, officer or agent of the Authority or any committee appointed by the Authority, all or any of the Authority’s powers, functions and duties and any power, function or duty so delegated may be exercised or performed by such member, officer, agent or committee in the name and on behalf of the Authority.
(2)  The Executive Director may, where expedient, delegate to any officer of the Authority any of the powers, functions and duties delegated to the Executive Director.
(3)  Every member, officer, agent or committee purporting to act pursuant to a delegation under sub-paragraph (1) or (2) shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
(4)  The Authority may continue to exercise any power conferred upon it, or perform any function or duty under this Act, notwithstanding the delegation of such power, function or duty under this paragraph.
Committees
12.—(1)  The Authority may from time to time appoint or alter the composition of committees, consisting of one or more persons (whether members of the Authority or not), and define and vary the terms of reference of those committees.
(2)  Subject to this Act and any rules made thereunder and to the control of the Authority, each committee appointed under this paragraph may regulate its own procedure in such manner as it thinks fit.
Sealing of documents
13.—(1)  All deeds, documents and other instruments requiring the seal of the Authority shall be sealed with the common seal of the Authority in the presence of any two officers of the Authority duly authorised by the Executive Director to act in that behalf and shall be signed by such officers and such signing shall be sufficient evidence that the common seal of the Authority has been duly and properly affixed and that the seal is the common seal of the Authority.
(2)  The Authority may by resolution or otherwise appoint an officer of the Authority or any other agent, either generally or in a particular case, to execute or sign on behalf of the Authority any agreement or other instrument not under seal in relation to any matter coming within the powers of the Authority.
(3)  Section 12 of the Registration of Deeds Act (Cap. 281) shall not apply to any instrument purporting to have been executed under sub-paragraph (1).”.
Amendment of Second Schedule
62.  The Second Schedule to the principal Act is amended —
(a)by deleting paragraphs 3 and 4 and substituting the following paragraphs:
3.  To provide port services and facilities within the limits of the port and the approaches thereto.
4.  To issue licence, with or without conditions, to such person as the Authority thinks fit to provide any port service and facility within the port.”;
(b)by inserting, immediately after the word “kind” in paragraph 7, the words “and to provide guarantees, indemnities and securities”; and
(c)by inserting, immediately after paragraph 18, the following paragraphs:
19.  To regulate and control operations to clean up oil spill within the territorial waters of Singapore.
20.  To, with the approval of the Minister, form or participate in the formation of a company.”.
Miscellaneous amendments
63.  The principal Act is amended by deleting the words “General Manager” wherever they appear in sections 2, 34(1), 34(2), 34(4), 116(2), 121 and 125A(1) and substituting in each case the words “Executive Director”.
Consequential amendments to the Merchant Shipping Act
64.  The Merchant Shipping Act (Cap. 172) is amended by repealing sections 337, 337A, 339, 340, 341, 342 and 343.
Transitional provision
65.  In any written law and in any document, unless the context otherwise requires, any reference to the General Manager of the Authority shall be construed as a reference to the Executive Director.