13. The principal Act is hereby amended by inserting immediately after Part X thereof the following new Parts: —“PART XA Hydrographic surveys, etc., not to be carried out without approval of the Authority |
98A.—(1) No person shall carry out or cause to be carried out any hydrographic or hydrologic surveys or other studies of the waters and sea-bed within the territorial limits of Singapore except with the approval of the Authority.(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five thousand dollars or to both such imprisonment and fine. |
(3) The provisions of this section shall not apply to any hydrographic or hydrologic survey or other study carried out for or on behalf of the Government. |
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Restriction of certain works and operations |
98B.—(1) Subject to the provisions of this section, no person shall, without the consent in writing of the Authority, carry out any of the following operations, that is to say —(a) | construct, alter or improve any works on, under or over any part of the seashore lying below the high-water mark of ordinary tides; | (b) | deposit any object or any materials on any part of the seashore as aforesaid; or | (c) | remove any object or any materials from any part of the seashore as aforesaid. |
(2) The Authority may, as a condition of considering an application for consent under this section, require to be furnished with such plans and particulars of the proposed operation as the Authority may consider necessary; and on receipt of any such application the Authority may cause notice of the application, and of the time within which and the manner which objections thereto may be made, to be published in such manner as the Authority may consider appropriate for informing persons affected thereby, and, before granting its consent may, if the Authority thinks fit, direct an inquiry to be held. |
(3) If the Authority is of the opinion that any operation in respect of which an application is made to it under this section should not for any reason be carried out or should be carried out subject to such conditions as the Authority thinks necessary to impose, the Authority may either refuse its consent or give its consent subject to such conditions as the Authority thinks fit. |
(4) A consent of the Authority under this section may be given so as to continue in force, unless renewed, only if the operations for which the consent is given is begun or completed within such period as may be specified in the consent; and any renewal of such a consent may be limited in the like manner. |
(5) The restriction imposed by subsection (1) shall not apply to the carrying out of any dredging operations or reclamation works authorised by the Government in accordance with the provisions of any written law. |
(6) Nothing in this section shall be deemed to be in derogation of any of the powers or rights of the Government in respect of the foreshore or territorial waters of Singapore. |
(7) Nothing in this section shall be deemed to confer upon the Authority any power or right in respect of the foreshore not vested in the Authority. |
(8) Any person who —(a) | carries out any operation in contravention of the provisions of subsection (1); or | (b) | fails to comply with any condition subject to which any consent of the Authority has been given under this section, |
shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. |
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(9) Without prejudice to any proceedings under subsection (8), where any person has constructed, altered, or improved any works or deposited any object or materials on the seashore in contravention of subsection (1) or has failed to comply with any condition subject to which any consent of the Authority has been given under this section, the Authority may serve a notice on that person requiring him within such period (not being less than thirty days) as may be specified in the notice, to remove the works or to make such alterations therein as may be so specified or to remove the object or materials, as the case may be, or, if it appears to the Authority urgently necessary so to do, the authority may itself remove or alter the works or remove the object or materials. |
(10) If within the period specified in any notice under subsection (9) the person upon whom the notice is served fails to comply therewith, the Authority may itself remove or alter the works or remove the object or materials as specified in the notice. |
(11) Where under either subsection (9) or (10) the Authority removes or alters any works or removes any object or materials, the Authority shall be entitled to recover the expense thereof, as certified by the Authority, from the person by whom the works were constructed, altered or improved, or the object or materials was or were deposited. |
(12) For the purposes of this section —“seashore” includes the sea-bed under the territorial waters of Singapore; |
“works” includes any architectural or engineering operations or the laying of cables. |
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Salvage business not to be carried on without a licence |
98C.—(1) No person shall carry on the business of rendering salvage services in the territorial waters of Singapore without a valid licence granted by the Authority for that purpose.(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding ten thousand dollars or to both such imprisonment and fine. |
(3) Any person aggrieved by —(a) | the refusal of the Authority to grant or renew a licence; or | (b) | the cancellation of a licence, |
may, within thirty days after receiving from the Authority notification of its decision, appeal to the Minister whose decision thereon shall be final. |
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PART XB CERTIFICATE OF COMPETENCY AS STEERSMAN |
98D. In this Part, unless the context otherwise requires —“home-trade ship” has the same meaning as in the Merchant Shipping Act (Cap. 172); |
“local-trade ship” has the same meaning as in the Merchant Shipping Act; |
“Port Master” includes any officer of the Authority duly authorised by the Port Master to act on his behalf; |
“steamer” means a vessel fitted with any mechanical means whether such means are being used or not. |
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98E. The Port Master may delegate any of his powers, functions and duties under this Part to any officer of the Authority. |
Steamer to have steersman |
98F.—(1) Every steamer which is used within the port shall be provided with a steersman duly certificated under this Part.(2) The Port Master may, subject to such conditions as he thinks fit, exempt any steamer or class of steamers from the provisions of this section. |
(3) Nothing in this section shall be held to limit or modify the operation of any other written law requiring a steamer to be provided with any number of officers. |
(4) For the purposes of this section “officer” includes a master, mate, engineer, gunner, helmsman and engine driver. |
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98G.—(1) Any person who —(a) | performs the functions of a steersman without being duly certificated under this Part; or | (b) | employs a person as a steersman without ascertaining that the person so serving is duly certificated under this Part, |
shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars. |
(2) If any steamer plies or attempts to ply within the port, without a steersman required by section 98F of this Act, the owner and master thereof shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars and the vessel may be detained until it is provided with a steersman duly certificated under this Part. |
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When person deemed to be duly certificated |
98H.—(1) A person who is in possession of a valid certificate of competency granted under the Merchant Shipping Act (Cap. 172) of a grade higher than a steersman shall be deemed to be duly certificated as a steersman under this Part.(2) A person who is in possesison of a certificate granted by a competent authority in the United Kingdom or in any part of the British Commonwealth or in the Republic of Ireland which the Port Master is satisfied is a certificate of a corresponding or higher standard than a certificate granted under this Part shall be deemed to be duly certificated as a steersman under this Part. |
(3) Every officer on board a foreign steamer who has received a certificate of competency granted by a competent authority in his country which the Port Master is satisfied is of a corresponding or higher standard than a certificate granted under this Part shall be deemed to be duly certificated as a steersman under this Part. |
(4) Officers in home-trade and local-trade ships holding certificates of competency issued by the government of Malaysia or Brunei of a corresponding or higher standard than a certificate granted under this Part shall be deemed to be duly certificated as a steersman under this Part. |
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98I. Certificates of competency as a steersman shall be granted by the Port Master in accordance with the provisions of this Part. |
Examinations for certificate of competency as steersman |
98J.—(1) For the purpose of granting certificates of competency as steersman to persons desirous of obtaining them, examinations shall be held at such times and places as the Port Master may direct.(2) The Port Master may make rules for —(a) | the conduct of examinations; | (b) | the qualifications of applicants; and | (c) | prescribing the fees to be paid by applicants for examinations. |
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Grant of certificate on passing examination |
98K. The Port Master shall, subject as hereinafter mentioned, deliver to every applicant who has passed the examination satisfactorily and who has given satisfactory evidence of his sobriety, experience, ability and good conduct on board ship a certificate of competency as steersman. |
Certificates granted under Merchant Shipping Act |
98L.—(1) Every person who has received a certificate of competency as steersman granted under the Merchant Shipping Act (Cap. 172) prior to the date of the coming into operation of this Part shall, subject to the provisions of subsection (2), be deemed to be duly certificated as a steersman under this Part and the Port Master shall issue to every such steersman a certificate of competency as steersman.(2) Every steersman shall, whenever the Port Master considers that owing to changed conditions or for any other reason the further testing of the knowledge, efficiency and physical fitness of the steersman is necessary, present himself for further examination and shall in every such case first deposit with the Port Master his certificate of competency to be returned or cancelled by the Port Master as the result of such examination determines. |
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Power to cancel or suspend certificate |
98M.—(1) The Port Master may, after due inquiry, cancel or suspend any certificate of competency as steersman granted under this Part, if the holder thereof has been guilty of carelessness, neglect or incompetency in the performance of his duties as steersman, or is by reason of misconduct or incapacity unfit to perform his duties as steersman.(2) For the purpose of holding an inquiry under this section, the Port Master may administer oaths and summon any person in Singapore to attend any such inquiry to give evidence on oath or to produce any document or other thing in his possession relating to the matters which are the subject matter of such inquiry but no person shall be compelled to produce any document which he could not be compelled to produce on the trial of an action. |
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Certificate to be delivered to Port Master |
98N.—(1) Every steersman whose certificate of competency is cancelled or suspended by the Port Master shall deliver his certificate to the Port Master on demand.(2) Any steersman who fails to comply with this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars. |
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Form and record of certificate |
98O.—(1) All certificates of competency shall be given in duplicate, one part to be delivered to the person entitled to the certificate and one to be kept by the Port Master.(2) Such last-mentioned part of the certificates shall be preserved, and the record of certificates of competency and the suspension, cancellation or alteration of the certificates or any other matter affecting them shall be kept in such manner as the Port Master may seem fit. |
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Death of holder of certificate |
98P.—(1) All certificates of competency issued under this Part shall, on the death of the persons to or for whom the same were issued, be surrendered at the office of the Port Master to be cancelled.(2) Any person who is found to be in possession of any such certificate after the death of the person to or for whom it was issued, without being able to account for the way in which he becomes possessed of such certificate and giving good reason for its not being surrendered for cancellation, shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment. |
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Forgery, etc., of certificate of competency |
98Q. Any person who —(a) | forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any certificate of competency or an official copy of any such certificate; | (b) | makes, assists in making or procures to be made any false representation for the purpose of procuring either for himself or for any other person a certificate of competency or any official copy of any such certificate; | (c) | fraudulently uses a certificate of competency or copy of such certificate which has been forged, altered, cancelled or suspended, or to which he is not entitled; | (d) | fraudulently lends his certificate of competency or a copy of such certificate, or allows such certificate or copy to be used by any other person; or | (e) | sells, purchases, gives away or accepts any certificate of competency or makes use of any such certificate to which he is not entitled, |
shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding two years.”. |
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