Port regulations
Open ↗41.—(1) The Authority may, with the approval of the Minister, make regulations for the control and management of the port and the approaches to the port and for the maintenance of good order in the port and generally for the purposes of this Act and any other written law and, in particular, may make regulations for or in respect of all or any of the following matters:(a)
regulating traffic and preventing and removing obstruction or impediment to navigation within the limits of the port and the approaches to the port;
(b)
the conduct of inquiries into any case where damage has been caused to or by a vessel;
(c)
regulating the keeping or placing of private moorings or buoys;
(d)
regulating the use of lights and the signals to be used in the port and the steps to be taken for avoiding collision by vessels navigating in the port;
(e)
the information to be supplied by the masters, owners, agents and other persons in respect of vessels arriving and departing and the time and manner in which such information must be supplied;
(f)
regulating, directing and controlling the use of vessels within the territorial waters of Singapore and all activities carried on in the waters of the port in respect of vessels, including but not limited to prescribing the conditions for towage and sale and supply of water and fuel to vessels and prohibiting such towage, sale and supply except through the Authority or by agreement with the Authority, and providing for the licensing thereof;
(g)
permitting, regulating and controlling the landing of personnel belonging to an armed service of any foreign country and the movement of such personnel in the port;
(h)
keeping clean the basins, works and premises of the Authority and the waters of the port and the approaches to the port and preventing oil, filth, rubbish or any other thing from being thrown or entering therein or thereon;
(i)
regulating and controlling the use and manning of harbour craft and providing for the licensing of harbour craft;
(j)
supervising, regulating and controlling all activities carried on in the waters of the port and providing for the licensing of the activities;
(k)
regulating the provision and maintenance of adequate and efficient pontoons for the landing of persons, mooring buoys, gangways, landing stages, moorings and berthing facilities and providing for the licensing thereof;
(l)
regulating the provision and maintenance of beacons, lighthouses, buoys and other aids to navigation not owned or erected by the Authority and providing for the licensing of those aids to navigation;
(m)
prescribing the standards of competence to be attained 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;
(n)
providing for and in respect of the construction and machinery, equipment, fittings, installations, appliances and apparatus of harbour craft, and the tests to be carried out and the maintenance in respect thereof, including the provision, maintenance and stowage of lifesaving and firefighting appliances and apparatus and providing for and in respect of the survey of harbour craft, the issue, suspension, cancellation or extension and period of validity of certificates or exemption certificates, and the types and forms of the certificates;
(o)
regulating the navigation and place of anchoring or mooring of vessels carrying dangerous cargoes;
(p)
regulating the mode of utilising, stowing and keeping dangerous cargoes on board vessels and the conveyance within the port of any kind of dangerous cargoes with any other kind of goods, articles or substances;
(q)
regulating, declaring and defining the wharves and docks and on and from which goods are to be landed from and shipped in vessels;
(r)
keeping free passages of such width as is deemed necessary in the port and along or near to the wharves, docks, moorings and other similar works in or adjoining the same and for marking out the spaces so to be kept free;
(s)
the information to be supplied by the masters, owners or agents and other persons in respect of goods loaded or discharged at the wharves in the port, and the time and manner in which such information must be supplied;
(t)
prohibiting the embarkation and disembarkation of persons except at places authorised by the Authority for such purpose;
(u)
prohibiting the loading and discharging of goods other than, in the case of dutiable goods, at wharves, docks and places authorised in the Customs Act 1960 or regulations made under that Act and, in the case of non‑dutiable goods, at wharves, docks and places named in the Regulation of Imports and Exports Act 1995 or any regulations made under that Act and at any other wharves, docks and places approved by the Authority;
(v)
prohibiting the loading, handling or discharging of dangerous cargoes at wharves or docks where the loading, handling or discharging appears specially dangerous to the public.
(2) The Authority may, in making any regulations 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 or imprisonment for a term not exceeding 6 months or both and, in the case of a continuing offence, a further fine not exceeding $2,000 for every day or part of a day during which such offence continues after conviction.
Insurance policy
Open ↗42.—(1) Where by virtue of this Act or the regulations any person is required to take out and maintain a policy of insurance against liability for any risks or costs, the policy of insurance must be —(a)
issued by an insurer who at the time the policy is issued and during the period of insurance is lawfully carrying on insurance business in Singapore; and
(b)
in accordance with any terms and conditions, including any minimum limit of indemnity, that may be prescribed.
(2) A policy is of no effect for the purposes of this Act or the regulations unless there is issued by the insurer to the person by whom the policy is effected, a certificate of insurance in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed.
(3) Any condition in a policy of insurance issued or given for the purposes of this Act or the regulations which —(a)
provides that no liability shall arise under the policy or that any liability so arising shall cease; and
(b)
purports to negate or restrict the liability of the insurer under the policy or to impose any condition with respect to the enforcement of any such liability of the insurer,
in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy is of no effect in connection with any claim in respect of any risk against which the policy of insurance was required to be taken out or maintained.
(4) Nothing in this section renders void any provision in a policy of insurance requiring the person insured to repay to the insurer any sum which the insurer may have become liable to pay under the policy and which has been applied to the satisfaction of any claim in respect of any risk against which the policy of insurance was required to be taken out or maintained.
(5) The Authority may, by order in the Gazette, prescribe the conditions, including a minimum limit of indemnity, of any policy of insurance which is required to be taken out or maintained under this Act or the regulations and the form and particulars to be stated in any certificate of insurance, and different conditions, forms and particulars may be prescribed in relation to different cases or circumstances.
Power of Port Master in relation to vessel
Open ↗43. Despite the provisions of any regulations made under section 41, the Port Master may, subject to any conditions that the Port Master may think fit to impose —(a)
direct where any vessel is to be berthed, moored or anchored and the method of anchoring in the territorial waters of Singapore;
(b)
direct the removal of any vessel from any place in the territorial waters of Singapore to any other place in the territorial waters of Singapore and the time within which the removal is to be effected in the territorial waters of Singapore;
(c)
regulate, restrict or prohibit the movement of vessels in the port and the approaches to the port; and
(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.
Owner, agent or master of vessel to report arrival or departure
Open ↗44.—(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 must —(a)
on arrival, report or cause to be reported by such means as the Port Master may direct, the arrival of the vessel;
(b)
provide within such time and by such means to 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 goods to be discharged or transhipped in the port; and
(vi)
any other documents that may be required by the Port Master; and
(c)
in the case of vessels belonging to a country not having a consular officer in Singapore, produce to the Director of Marine the certificate of registry and deposit with the Director of Marine 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 port or approaches to port to provide information
Open ↗45.—(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 to the port to provide the Port Master 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
Open ↗46.—(1) Any vessel, other than a vessel referred to in subsection (3), must not 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) must —(a)
provide to the Port Master within such time and by such means as the Port Master may determine —(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 goods on board and cargo loaded on or discharged at the port; and
(v)
any other documents that may be required by the Port Master; and
(b)
if so required by the Port Master, produce for inspection the certificate of registry and other documents relating to the vessel.
(3) This section does 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 the 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) Port clearance must not be granted to any vessel —(a)
whose owner, agent or master has not complied with the Regulation of Imports and Exports Act 1995, or any other written law relating to the import or export of goods into or from Singapore; or
(b)
until the owner, agent or master of the vessel has declared to the Port Master the name of the country to which the owner, agent or master (as the case may be) claims that the vessel belongs, and if so required by the Port Master, has produced the certificate of registry of the vessel; and the Port Master must then inscribe that name on the port clearance.
(6) Where under this Act or any other written law a vessel is to be detained, the Port Master must, and where under this Act or any other written law a vessel may be detained the Port Master may, refuse to grant port clearance to that vessel.
(7) The Port Master may refuse to grant 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 grant 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 a public telecommunication licensee in order to meet the costs of making good the damage, whether actual or estimated by a public telecommunication licensee, to the submarine cable and its associated plant (called in this section the submersible plant).
(9) Where a public telecommunication licensee has reason to believe that the submersible plant has been damaged by a vessel, the public telecommunication licensee 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) must be paid by the owner, agent or master of the vessel.
(11) In this section, “submarine cable corridor” means the area designated by the Port Master as the submarine cable corridor.
Owner, agent or master of vessel not leaving within 48 hours after port clearance to return port clearance to Port Master
Open ↗47.—(1) The owner, agent or master of any vessel which fails to leave the port within 48 hours, or any shorter period specified by the Port Master, after obtaining port clearance must, within 6 hours after the expiry of the 48 hours or the shorter period, return to the Port Master the port clearance certificate and, if so required, obtain 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 vessel from entering territorial waters
Open ↗48. The Port Master may prohibit any vessel from entering the territorial waters of Singapore if he or she is of the opinion that it would not be in the public interest for the vessel to enter Singapore.
Power to direct vessel to leave territorial waters
Open ↗49.—(1) The Port Master may direct any vessel to leave the territorial waters of Singapore if he or she is of the opinion that it would not be in the public interest for the 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 is 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 the vessel in any manner the Authority thinks fit.
Penalty for disobedience of direction
Open ↗50.—(1) Any person who, without lawful excuse, refuses, neglects or fails to obey any direction lawfully given under this Part or any regulations made under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the person wilfully continues to disobey the direction.
(2) In case of any refusal or neglect or failure to comply with any direction given under this Part or any regulations made under this Part, the Authority may, whether any proceedings have been instituted against any person for such offence or not, do or cause to be done all such acts as are in its opinion reasonable or necessary for the purpose of carrying out or complying with the direction, and may hire and employ any person that it considers proper and necessary for such purpose.
(3) All expenses incurred in doing such acts must be paid and borne by the person or persons so offending.
Removal of certain obstructions and compensation therefor
Open ↗51.—(1) Even though any obstruction or impediment to the navigation of the port has been lawfully made or has become lawful by reason of the long continuance of the obstruction or impediment or otherwise, the Authority may, with the approval of the Minister, cause the same to be removed or altered, making to the persons who suffer damage by the removal or alteration reasonable compensation for the damage done.
(2) If any dispute arises concerning the compensation, the amount and, if necessary, any question of liability is to be summarily ascertained and determined by a court of competent jurisdiction.
(3) An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or a District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals.[40/2019]
Fire on board vessel
Open ↗52.—(1) In the event of fire breaking out on board any vessel in the port, the Port Master or an authorised representative of the Port Master may proceed on board the vessel with such assistance and persons as he or she thinks fit, and may give any orders that seem to him or her necessary for scuttling the vessel, or for removing the vessel or any other vessel to any place that he or she thinks proper to prevent in either case danger to other vessels and for the taking of any other measures that appear to him or her expedient for the protection of life or property.
(2) If such orders are not forthwith carried out by the master of the vessel, the Port Master or the authorised representative may proceed to carry them into effect.
(3) Any expenses incurred in the exercise of the powers conferred by subsections (1) and (2) are recoverable from the master or owner of the vessel concerned as a civil debt.
Power to board vessel
Open ↗53.—(1) The Port Master, an authorised representative of the Port Master, any officer of the Authority authorised by the Authority or any police officer may go on board any vessel in the port whenever he or she suspects that any offence against this Part has been or is about to be committed in any vessel, or whenever he or she considers it is necessary for him or her to do so in the discharge of any duty imposed by this Part or otherwise by law.
(2) Any master of such vessel who, without lawful excuse, refuses to allow the Port Master or the other persons referred to in subsection (1) to enter the vessel shall be guilty of an offence and shall be liable on conviction for each offence to a fine not exceeding $1,000.
Execution of order, etc.
Open ↗54.—(1) All acts, orders or directions authorised by this Part or any regulations made under this Part to be done or given by a particular employee of the Authority may be done or given by any other employee of the Authority authorised in writing in that behalf by the Authority.
(2) Any person authorised to do any such act may call to his or her aid any assistance that is necessary.
Exemption of vessels belonging to Singapore Armed Forces
Open ↗55. Except where expressly provided otherwise, this Part and any regulations made under this Part do not apply to any vessel belonging to the Singapore Armed Forces.
Indemnity to Authority for act of Port Master
Open ↗56. The Authority shall not be liable for any act, omission or default of the Port Master.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
