Responsible person of special development or special infrastructure
32.—(1) The responsible person at any time of a special development is the owner of the special development at that time.
(2) The responsible person at any time of a special infrastructure described in section 40 is the owner of the special infrastructure at that time.
(3) The responsible person at any time of a special infrastructure designated under section 41 is —(a)
the owner of the special infrastructure at that time — where the written instrument or order mentioned in that section specifies the owner of the special infrastructure to be the responsible person; or
(b)
the occupier of the special infrastructure at that time — where the written instrument or order mentioned in that section specifies the occupier of the special infrastructure to be the responsible person.
(4) Where there is more than one responsible person of a special development or a special infrastructure at any time, each of those persons —(a)
is jointly and severally responsible at that time for discharging the duties of, and complying with the requirements imposed on, the responsible person under this Act; and
(b)
may jointly and severally exercise at that time the powers of the responsible person under this Act.
Security plan for special development or special infrastructure
33.—(1) Any security plan (including any amendment to the security plan) required or submitted to the Commissioner under this Part in connection with any specified works for a special development or a special infrastructure —(a)
must be prepared by a person approved by the Commissioner in connection with those specified works (called in this section the competent person);
(b)
must be prepared in such form and manner as the Commissioner may require; and
(c)
must contain the competent person’s security risk assessment and the security measures required for that special development or that special infrastructure.
(2) To avoid doubt, the requirements of this Act as to the contents of a security plan are not in any way limited by or to the specified works in connection with which the security plan is required under this Part.
Division 2 — Special developments
Designation of special developments
34.—(1) If the Minister is of the opinion that it is necessary or expedient to do so in the interest of public safety or security, or in the national interest, the Minister may —(a)
by a written instrument, designate any new development to be a special development; or
(b)
by order in the Gazette, designate any class of new developments to be special developments.
(2) In the case of a special development designated under subsection (1)(a), the Minister must give a copy of the written instrument to the responsible person of the special development.
(3) Before designating a special development under subsection (1)(a), the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case —(a)
give notice of the Minister’s intention to do so to the intended responsible person; and
(b)
give the intended responsible person 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed designation.
(4) The Minister may, at any time, cancel the designation of a special development —(a)
in the case of a designation under subsection (1)(a), by written notice to the responsible person of the special development; and
(b)
in the case of a designation under subsection (1)(b), by written notice to the responsible person of the special development or by order in the Gazette.
(5) On the cancellation of the designation of a special development, any approved security plan for the special development is also cancelled.
(6) To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to make a designation under subsection (1) or cancel a designation under subsection (4).
Approved security plan for special development
35.—(1) The responsible person of a special development must not carry out, or cause or allow the carrying out of, any specified works for the special development unless the responsible person has obtained under this Division the Commissioner’s approval, or provisional approval, of a security plan for the special development in connection with those specified works.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.
Application for approval of security plan
36.—(1) The responsible person’s application for the Commissioner’s approval of a security plan for the special development must be made in such form and manner, and be accompanied or supported by the security plan and such other information and documents, as the Commissioner may require.
(2) On reviewing the application, the Commissioner may —(a)
approve the security plan;
(b)
by written notice to the responsible person, require the security plan to be amended and resubmitted for the Commissioner’s approval, in such manner and within such time as specified in the notice;
(c)
grant a provisional approval of the security plan, subject to conditions; or
(d)
reject the security plan.
(3) If any requirement under subsection (2)(b) is not complied with within the time specified in the notice under that subsection, or such extended time as the Commissioner may give in writing, the application for the approval of the security plan is, on the expiry of that time, treated as rejected by the Commissioner under subsection (2)(d).
(4) In the case of a provisional approval under subsection (2)(c), the Commissioner may, where the conditions of the provisional approval are satisfied, grant a final approval of the security plan.
Amendment of approved security plan
37.—(1) The Commissioner may, at any time and by written notice to the responsible person, require the approved security plan for the special development to be amended and submitted for the Commissioner’s approval in the manner and within the time specified in the notice.
(2) Where the Commissioner gives a notice under subsection (1) —(a)
the responsible person must comply with the notice; and
(b)
the Commissioner may, on receiving an amended security plan from the responsible person in response to the notice, approve the amended security plan or issue a further notice under that subsection.
(3) The responsible person may also, at any time, apply for the Commissioner’s approval to amend the approved security plan, in such form and manner (including with the amended security plan and such other information and documents) as the Commissioner may require.
(4) On reviewing an application under subsection (3), the Commissioner may —(a)
approve the amended security plan;
(b)
by written notice to the responsible person, require the amended security plan to be further amended and resubmitted for the Commissioner’s approval, in such manner and within such time as specified in the notice; or
(c)
reject the amended security plan.
(5) If any requirement under subsection (4)(b) is not complied with within the time specified in the notice under that subsection, or such extended time as the Commissioner may give in writing, the application for the approval of the amended security plan is, on the expiry of that time, treated as rejected by the Commissioner under subsection (4)(c).
(6) Where the Commissioner approves the amended security plan under this section (called in this section the current approval), any previous approval of the security plan granted under this section or section 36 is superseded by the current approval.
(7) Any person who contravenes subsection (2)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.
(8) This section applies to a security plan with a provisional approval under section 36(2)(c) (called in this section a provisionally approved security plan), subject to the following modifications:(a)
a reference to an amendment of an approved security plan in this section is a reference to an amendment of a provisionally approved security plan;
(b)
a reference to an approval of an amended security plan in this section is a reference to the Commissioner’s provisional approval of an amended security plan, subject to conditions;
(c)
a reference to a current approval of a security plan in this section is a reference to the Commissioner’s provisional approval of an amended security plan or (where the conditions of that provisional approval are satisfied) the Commissioner’s final approval of the amended security plan.
Implementation schedule for security measures in approved security plan
38.—(1) The approved security plan for the special development may contain the following types of security measures:(a)
security measures that are required to be implemented before or upon the completion of the specified works for the special development;
(b)
security measures that are required to be implemented after the Commissioner’s approval of the certificate of works completion under section 39.
(2) The approved security plan may specify the period within which a security measure mentioned in subsection (1)(a) or (b) must be implemented.
(3) The approved security plan may, at any time after the Commissioner’s approval of the certificate of works completion, be modified in accordance with any regulations made under this Act; and a reference in subsection (1)(b) to a security measure in the approved security plan includes a reference to a security measure that is varied or added to the approved security plan under such modification.
Certificate of works completion and responsible person’s duties before that
39.—(1) The responsible person of the special development must implement, or cause to be implemented, every security measure mentioned in section 38(1)(a), in accordance with the approved security plan.
(2) After completion of the specified works for the special development, the responsible person must submit to the Commissioner a certificate of works completion (prepared according to subsection (3)) for the Commissioner’s approval —(a)
in the case where a temporary occupation permit is required under the Building Control Act 1989 for the occupation of the special development, before obtaining any temporary occupation permit; and
(b)
in any other case, within the prescribed time after completion of the specified works.
(3) The certificate of works completion —(a)
must be prepared by a person approved by the Commissioner to prepare that certificate of works completion (called in this section the competent person);
(b)
must be in such form and manner as the Commissioner may require; and
(c)
must contain the competent person’s certification that the security measures mentioned in section 38(1)(a) have been implemented in accordance with the approved security plan.
(4) Any person who contravenes subsection (2)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Status of special development and responsible person’s duties after approval of certificate of works completion
40.—(1) When the Commissioner approves the certificate of works completion for the special development —(a)
the special development becomes a special infrastructure and is to be treated under this Act as if it has been designated as a special infrastructure under section 41(1)(a); and
(b)
the approved security plan of the special development becomes the approved security plan of that special infrastructure.
(2) The responsible person of that special infrastructure —(a)
must implement, or cause to be implemented, every security measure mentioned in section 38(1)(b), in accordance with the approved security plan; and
(b)
must maintain every security measure that is implemented under the approved security plan until the special infrastructure ceases to be a special infrastructure.
(3) Any person who contravenes subsection (2) 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 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
Division 3 — Special infrastructures
Designation of special infrastructures
41.—(1) If the Minister is of the opinion that it is necessary or expedient to do so in the interest of public safety or security, or in the national interest, the Minister may —(a)
by a written instrument, designate any premises to be a special infrastructure; or
(b)
by order in the Gazette, designate any class of premises to be special infrastructures.
(2) The written instrument or order under subsection (1) must specify whether the owner or the occupier of the premises being designated as a special infrastructure is to be the responsible person of the special infrastructure for the purposes of this Act.
(3) In the case of a special infrastructure designated under subsection (1)(a), the Minister must give a copy of the written instrument to the responsible person of the special infrastructure.
(4) Before designating a special infrastructure under subsection (1)(a), the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case —(a)
give notice of the Minister’s intention to do so to the intended responsible person; and
(b)
give the intended responsible person 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed designation.
(5) To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to make a designation under subsection (1).
Approved security plan for special infrastructure
42.—(1) Subject to sections 54(6) and 58(5), the responsible person of a special infrastructure must not carry out, or cause or allow the carrying out of, any specified works for the special infrastructure unless the responsible person has obtained under this Division the Commissioner’s approval, or provisional approval, of a security plan for the special infrastructure in connection with those specified works.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.
Application for approval of security plan
43.—(1) The responsible person’s application for the Commissioner’s approval of a security plan for the special infrastructure must be made in such form and manner, and be accompanied or supported by the security plan and such other information and documents, as the Commissioner may require.
(2) On reviewing the application, the Commissioner may —(a)
approve the security plan;
(b)
by written notice to the responsible person, require the security plan to be amended and resubmitted for the Commissioner’s approval, in such manner and within such time as specified in the notice;
(c)
grant a provisional approval of the security plan, subject to conditions; or
(d)
reject the security plan.
(3) If any requirement under subsection (2)(b) is not complied with within the time specified in the notice under that subsection, or such extended time as the Commissioner may give in writing, the application for the approval of the security plan is, on the expiry of that time, treated as rejected by the Commissioner under subsection (2)(d).
(4) In the case of a provisional approval under subsection (2)(c), the Commissioner may, where the conditions of the provisional approval are satisfied, grant a final approval of the security plan.
Amendment of approved security plan
44.—(1) The Commissioner may, at any time and by written notice to the responsible person, require the approved security plan for the special infrastructure to be amended and submitted for the Commissioner’s approval in the manner and within the time specified in the notice.
(2) Where the Commissioner gives a notice under subsection (1) —(a)
the responsible person must comply with the notice; and
(b)
the Commissioner may, on receiving an amended security plan from the responsible person in response to the notice, approve the amended security plan or issue a further notice under that subsection.
(3) The responsible person may also, at any time, apply for the Commissioner’s approval to amend the approved security plan, in such form and manner (including with the amended security plan and such other information and documents) as the Commissioner may require.
(4) On reviewing an application under subsection (3), the Commissioner may —(a)
approve the amended security plan;
(b)
by written notice to the responsible person, require the amended security plan to be further amended and resubmitted for the Commissioner’s approval, in such manner and within such time as specified in the notice; or
(c)
reject the amended security plan.
(5) If any requirement under subsection (4)(b) is not complied with within the time specified in the notice under that subsection, or such extended time as the Commissioner may give in writing, the application for the approval of the amended security plan is, on the expiry of that time, treated as rejected by the Commissioner under subsection (4)(c).
(6) Where the Commissioner approves the amended security plan under this section (called in this section the current approval), any previous approval of the security plan granted under this section or section 43 is superseded by the current approval.
(7) Any person who contravenes subsection (2)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.
(8) This section applies to a security plan with a provisional approval under section 43(2)(c) (called in this section a provisionally approved security plan), subject to the following modifications:(a)
a reference to an amendment of an approved security plan in this section is a reference to an amendment of a provisionally approved security plan;
(b)
a reference to an approval of an amended security plan in this section is a reference to the Commissioner’s provisional approval of an amended security plan, subject to conditions;
(c)
a reference to a current approval of a security plan in this section is a reference to the Commissioner’s provisional approval of an amended security plan or (where the conditions of that provisional approval are satisfied) the Commissioner’s final approval of the amended security plan.
Implementation schedule for security measures in approved security plan
45.—(1) The approved security plan for the special infrastructure may contain the following types of security measures:(a)
security measures that are required to be implemented before or upon the completion of the specified works for the special infrastructure;
(b)
security measures that are required to be implemented after the Commissioner’s approval of the certificate of works completion under section 46.
(2) The approved security plan may specify the period within which a security measure mentioned in subsection (1)(a) or (b) must be implemented.
(3) The approved security plan may, at any time after the Commissioner’s approval of the certificate of works completion, be modified in accordance with any regulations made under this Act; and a reference in subsection (1)(b) to a security measure in the approved security plan includes a reference to a security measure that is varied or added to the approved security plan under such modification.
Certificate of works completion and responsible person’s duties before that
46.—(1) The responsible person of the special infrastructure must implement, or cause to be implemented, every security measure mentioned in section 45(1)(a), in accordance with the approved security plan.
(2) After the completion of the specified works for the special infrastructure, the responsible person must submit to the Commissioner a certificate of works completion (prepared according to subsection (3)) for the Commissioner’s approval —(a)
in the case where a temporary occupation permit is required under the Building Control Act 1989 for the occupation of the special infrastructure, before obtaining any temporary occupation permit; and
(b)
in any other case, within the prescribed time after completion of the specified works.
(3) The certificate of works completion —(a)
must be prepared by a person approved by the Commissioner to prepare that certificate of works completion (called in this section the competent person);
(b)
must be in such form and manner as the Commissioner may require; and
(c)
must contain the competent person’s certification that the security measures mentioned in section 45(1)(a) have been implemented in accordance with the approved security plan.
(4) Any person who contravenes subsection (2)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Responsible person’s duties after approval of certificate of works completion
47.—(1) When the Commissioner approves the certificate of works completion for the special infrastructure, the responsible person of the special infrastructure —(a)
must implement, or cause to be implemented, every security measure mentioned in section 45(1)(b), in accordance with the approved security plan; and
(b)
must maintain every security measure that is implemented under the approved security plan until the special infrastructure ceases to be a special infrastructure.
(2) Any person who contravenes subsection (1) 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 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
Cessation of special infrastructure
48.—(1) The Minister may, at any time, cancel the designation of a special infrastructure —(a)
in the case of a designation under section 41(1)(a), by written notice to the responsible person of the special infrastructure; and
(b)
in the case of a designation under section 41(1)(b), by written notice to the responsible person of the special infrastructure or by order in the Gazette.
(2) On the cancellation of the designation of a special infrastructure, any approved security plan for the special infrastructure is also cancelled.
(3) To avoid doubt, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to cancel the designation of a special infrastructure.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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