Master, owner or person in charge of vessel answerable for damage
Open ↗107.—(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 the damage, 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 —(a)
detain the vessel or float of timber until the costs of making good the damage and the expenses described in subsection (1) have been paid to the Authority; or
(b)
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 the Authority may require in order to meet the costs and expenses.
Exemption from distress and enforcement against property of Authority
Open ↗108. When any apparatus, fixture or fitting belonging to the Authority is placed in or upon any premises not being in the possession of the Authority for the purposes of carrying out the functions of the Authority, the apparatus, fixture or fitting must not be subject to distress nor be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it is.[Act 25 of 2021 wef 01/04/2022]
Authority to provide free landing places
Open ↗109. The Authority must provide such number of public landing places as it may consider necessary or expedient for use by the public.
Restrictions on erection of wharves, docks, etc.
Open ↗110.—(1) Despite the provisions of the Foreshores Act 1920, any plan and specification for —(a)
the erection, within the port or the approaches to the port, of a new wharf or dock or for the re‑erection, extension or alteration of the same; or
(b)
the erection of any seawall or any revetment along the bank of the port or for the re‑erection, extension or alteration of the same,
must not be approved under that Act without previous reference to, and the concurrence of, the Authority.
(2) The Authority may determine the fee to be paid for the perusal of the plans and specifications.
(3) Where the Authority omits or refuses to give its concurrence to any plan or specification mentioned in subsection (1), the Commissioner of Building Control appointed under section 3(1) of the Building Control Act 1989 may refer the matter to the Minister whose decision is final.
Notices, orders, receipts, etc., may be given by authorised employee or officer, etc.
Open ↗111.—(1) All notices, orders, receipts and other documents and all information of any nature which the Authority is empowered to give by this Act or the regulations or by any other written law may be given by any means including electronic and mechanical means.[40/2017]
(2) Any notice, order, receipt or other document or information which the Authority is empowered to give —(a)
under this Act or its regulations, may be given by any duly authorised employee or officer of the Authority; or
(b)
under the regulations made under section 89C, may also be given by any appointed officer authorised by the Chief Executive for the purposes of this section.[40/2017]
(3) Where any such notice, order, receipt, document or information requires authentication, the signature or a facsimile of the signature of the Chief Executive, the employee or officer of the Authority mentioned in subsection (2)(a) or the appointed officer mentioned in subsection (2)(b), affixed thereto is sufficient authentication.[40/2017]
Vessel guidance, assistance or direction
Open ↗112. Where the Authority provides any service for the guidance, assistance or direction of any vessel, neither the Authority nor any of its employees or agents shall be liable for any loss or damage suffered by any person of any nature or however caused —(a)
by reason of any act or omission of the Authority, its employees or agents which is made in good faith and in the ordinary course of the discharge of the duties of those employees or agents; or
(b)
if the loss or damage occurred or arose as a result of any defect or breakdown, in the service, of any equipment used for the provision of such service or for the receipt or provision of such information and not as a result of any act or omission of the Authority.
Power to enter upon lands
Open ↗113.—(1) The Authority may, for the purposes of this Act, by its employees, agents or contractors, enter at all reasonable hours in the daytime into and upon any building or land for the purpose of making any survey or inspection and for the purpose of executing any work authorised by this Act to be executed by them without being liable to any legal proceedings or molestation on account of the entry or of anything done in any part of such building or land pursuant to this Act.
(2) The Authority must not enter into any dwelling house in actual occupation, unless with the consent of the occupier of the house and with 6 hours’ previous notice to the occupier.
Power to enter upon lands adjacent to works
Open ↗114.—(1) The Authority may, by its employees, agents or contractors, enter upon any land adjoining to or being within the distance of 90 metres of any works by this Act authorised to be made, for the purpose of depositing upon such land any soil, gravel, sand, lime, brick, stone or other materials or for any other purposes connected with the formation of the works without making any previous payment, tender or deposit.
(2) In exercising the powers conferred under subsection (1) to enter upon any land, the Authority must —(a)
do as little damage to the land as possible; and
(b)
pay compensation for —(i)
the temporary occupation of, or the temporary damage to, the land as and when such temporary occupation or temporary damage occurs; and
(ii)
any permanent injury to the land.
(3) If any dispute arises touching the amount or apportionment of the compensation, the same is to be determined in the manner provided by section 116.
(4) Before the Authority makes any temporary use under subsection (1) of the land adjoining or lying near to the works, the Authority must give 7 days’ notice in writing of its intention to the owners and the occupiers of the land and must set apart by sufficient fences so much of the land as is required to be used from the other adjoining land.
Employee of Authority may require evidence of identity in certain cases
Open ↗115.—(1) Any police officer or any employee or officer of the Authority who reasonably believes that any person has committed an offence under this Act or the regulations may require that person to furnish evidence of his or her identity and the person must furnish such evidence of his or her identity so required.[40/2017]
(2) Any person who refuses to furnish any information required under subsection (1) or wilfully misstates that information shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.[40/2017]
Compensation, damages and costs to be determined by District Court
Open ↗116.—(1) Except as otherwise provided in this Act, in all cases where damages, expenses, the cost of making good or other costs are by this Act directed to be paid, the amount and, if necessary, the apportionment of the same and any question of liability are, in case of dispute, to be summarily ascertained and determined by a District Court.
(2) If the amount of damages, expenses, the cost of making good or other costs is not paid by the party liable to pay the same within 7 days after demand, that amount may be reported to the District Court and recovered in the same way as if it were a fine imposed by the District Court.
(3) An appeal lies to the General Division of the High Court from any decision of a District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to the appeal.[40/2019]
Disposal of matters and things removed by Authority
Open ↗117.—(1) Any matter or thing removed by the Authority in executing any work which it is entitled to execute under this Act or the regulations is, except as otherwise provided, the property of the Authority and may be sold by public auction or, if the Authority thinks the circumstances of the case require, may be sold otherwise or be disposed of without sale.
(2) The moneys arising from the sale may be retained by the Authority and applied in or towards the expenses incurred and the surplus (if any) must be paid on demand to the owner of that matter or thing.
(3) If the surplus is not claimed within one year of the sale, it must be paid into the funds of the Authority.
(4) If any matters or things belonging to several persons are removed by the Authority in executing any such work, the Authority must cause those matters or things, if so, to be sold separately.
Advisory guidelines
Open ↗117A.—(1) The Authority may make guidelines with a view to providing guidance or certainty in respect of any one or more of the provisions in this Act.
(2) Advisory guidelines, for example, may be made about —(a)
what amounts to a material function of a designated operating entity for the purposes of section 86FC(1)(a); or
(b)
the relevant principles to consider in determining what amounts to a material impediment to or impairment of the operations of a designated operating entity for the purposes of section 86FC(3)(a).
(3) The Authority may make different advisory guidelines under subsection (1) in respect of different persons or entities or different classes of persons or entities.
(4) The Authority must —(a)
give a copy of each advisory guideline it makes to the Minister; and
(b)
publish each advisory guideline (in any way that the Authority thinks fit), send each advisory guideline to each person or entity to whom the guideline applies (by any mode the Authority thinks fit), or both.
(5) Despite subsection (4)(b), the Authority must publish each advisory guideline (in any way that the Authority thinks fit) if the advisory guideline has any effect on the rights of any person or entity other than the person or entity to which the advisory guideline applies.
(6) The failure to comply with subsection (4) or (5) in respect of any advisory guideline does not invalidate the advisory guideline.[Act 20 of 2024 wef 01/04/2025]
Exemption by Authority
Open ↗118.—(1) The Authority may, with the approval of the Minister, exempt any person, vessel, vehicle or premises or any class or description of persons, vessels, vehicles or premises from any of the provisions (or any part of any provision) of this Act or the regulations.[Act 20 of 2024 wef 01/04/2025]
(2) Any exemption granted by the Authority under subsection (1) does not reduce or in any way affect the responsibility of the person to whom the exemption is granted or of the owner or master of a vessel or of the owner of a vehicle or the premises to whom the exemption is granted and the Authority shall not be liable for any death or injury of any person or for any loss, damage or destruction of any property arising from the exemption.
Power to amend Third and Fourth Schedules
Open ↗118A. The Minister may, by order in the Gazette, amend the Third or Fourth Schedule.[Act 20 of 2024 wef 01/04/2025]
[Act 17 of 2025 wef 01/02/2026]
Regulations
Open ↗119. The Authority may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
