Interpretation of this Part
19.—(1) In this Part, unless the context otherwise requires —“immovable property” means any land, premises, building or tenement;
“maintenance fund” means the maintenance fund established under section 23;
“owner”, in relation to any immovable property, means the person for the time being receiving the rent for the immovable property, whether on the person’s own account or as agent or trustee for any other person or as receiver, or who would receive the rent if it were let to a tenant, and includes the person whose name is or will be entered in the Valuation List maintained by the Comptroller of Property Tax under the Property Tax Act 1960 as the owner of the immovable property;
“resort area” means all that part of Sentosa which is designated by the Corporation, from time to time by notice in the Gazette, as the resort area for the purposes of this Part.
(2) For the purposes of this Part —(a)
each part of a building divided laterally or horizontally into parts in such a manner that the owner, either solely or jointly with other owners, of one part is not also the owner, either solely or jointly with the other owners respectively of any other part, is deemed to be a building;
(b)
each part of a partially completed building, divided laterally or horizontally into parts, is deemed to be a building.[18A
Certain building works not to be carried out without permit
20.—(1) A person must not commence or carry out, or permit or authorise the commencement or carrying out of, any building works affecting or changing the faҫade or external appearance of any building in the resort area unless there is in force a permit granted by the Corporation for carrying out the building works.
(2) The Corporation may refuse to grant any such permit.
(3) In granting any permit under this section, the Corporation may impose any conditions that it thinks fit.
(4) Where any person fails to comply with any condition imposed by the Corporation, the Corporation may cancel the permit in relation to which the condition that the person failed to comply with was imposed.
(5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.[18B
Marine facility not to be constructed or altered without permit
21.—(1) A person must not construct or alter, or permit or authorise the construction or alteration of, any marine facility in the resort area unless there is in force a permit granted by the Corporation for the construction or alteration of the marine facility.
(2) The Corporation may refuse to grant any such permit.
(3) In granting any permit under this section, the Corporation may impose any conditions that it thinks fit.
(4) Where any person fails to comply with any condition imposed by the Corporation, the Corporation may cancel the permit in relation to which the condition that the person failed to comply with was imposed.
(5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.[18C
Order for cessation of building works, etc.
22.—(1) Where in the opinion of the Corporation any building works are or have been carried out, or any marine facility has been constructed or altered, in contravention of the provisions of this Part or any regulations made under this Act, the Corporation may by order in writing require —(a)
the cessation of the building works until the order is withdrawn;
(b)
the demolition of the marine facility; or
(c)
such work or alteration to the building or marine facility to be carried out as may be necessary to cause the same to comply with the provisions of this Part or otherwise to put an end to the contravention.
(2) In every case, the order must specify all or any of the following:(a)
the manner in which the demolition, work or alteration specified in the order is to be carried out;
(b)
the time within which the demolition, work or alteration must commence;
(c)
the time within which the demolition, work or alteration must be completed;
(d)
that the demolition, work or alteration must be carried out with due diligence to the satisfaction of the Corporation.
(3) An order made under subsection (1) must be served —(a)
where a building or marine facility has been erected, on the owner or occupier of the building or marine facility; or
(b)
where building works are being carried out, on the person for whom the works are carried out or the builder carrying out the building works.
(4) If an order made under subsection (1) is not complied with, the Corporation may —(a)
demolish, remove or alter, or cause to be demolished, removed or altered, such building or marine facility or take such other steps as appear to the Corporation to be necessary; and
(b)
recover all expenses reasonably incurred by the Corporation in the exercise of its powers under this section from the person in default.
(5) Without affecting the right of the Corporation to exercise its powers under subsection (4), if any person on whom an order made under subsection (1) is served fails to comply with the order, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.
(6) The Corporation may seize any materials resulting from the carrying out of any work under subsection (4).[18D
Establishment of maintenance fund for resort area
23.—(1) The Corporation must establish a maintenance fund for the purposes of managing and maintaining the resort area and of providing and maintaining the infrastructure and other facilities and services for the use of persons living and working in the resort area.
(2) The maintenance fund must be under the direction and control of the Corporation.
(3) All moneys received by the Corporation by virtue of section 24 must be paid into the maintenance fund and all expenditure and other expenses incurred by the Corporation for managing and maintaining the resort area and for providing and maintaining the infrastructure and other facilities and services for persons living and working in the resort area must be charged to the maintenance fund.
(4) All moneys in the maintenance fund that are not immediately required may be placed on time deposits with banks or invested in such securities as trustees may by written law be authorised to invest.
(5) Nothing in this section is to be construed as imposing an obligation on the Corporation to maintain any immovable property in the resort area that is privately owned.[18E
Contributions payable by property owners
24.—(1) As from 1 November 1996, the Corporation may in each month levy a contribution at the prescribed rates in respect of all immovable properties in the resort area and different rates may be prescribed for different types or classes of immovable properties.
(2) The contributions levied under subsection (1) are payable by the owners of the immovable properties quarterly in advance, without demand to the Corporation at such dates as may be prescribed.
(3) The contributions levied under subsection (1) —(a)
are payable in addition to any property tax levied under the Property Tax Act 1960;
(b)
become due and payable to the Corporation without any deduction whatsoever and may be recovered as a debt due to the Corporation in any court of competent jurisdiction; and
(c)
if not paid within 30 days when they became due and payable, bear interest at the prescribed rates.
(4) In respect of any contributions levied under subsection (1) and the interest thereon, the owner of the immovable property is liable, jointly and severally with any person who was liable to pay the same when the contributions became due and payable, to pay the charges and interest to the Corporation.
(5) A person who has ceased to be the owner of the immovable property is only liable to pay —(a)
the contributions which were unpaid at the time the person ceased to be the owner of the immovable property; and
(b)
the interest accruing on the unpaid contributions until the time they are paid.
(6) Without affecting the liability of the owner of an immovable property in respect of any contributions levied under this section, where a mortgagee is in possession (whether by the mortgagee or any other person) of the immovable property, the mortgagee is liable jointly and severally with the owner of the immovable property for any contributions levied on the immovable property under this section.[18F
Recovery of contributions from sale of immovable property
25.—(1) Where any contributions and interest thereon levied under section 24 remain unpaid at the end of 90 days after the Corporation has served on the owner of the immovable property a written demand for the payment of the contributions, the contributions and any interest accrued thereon constitute a charge on the immovable property upon lodgment of an instrument of charge by the Corporation with, and the registration of the instrument by, the Registrar.
(2) Upon registration of the instrument of charge by the Registrar —(a)
the Corporation has, subject to subsection (3), the power of sale and all other powers relating or incidental to that power as if the Corporation were a registered mortgagee; and
(b)
the contributions and interest owing to the Corporation are subject to all statutory charges of any public authority over the immovable property and to all encumbrances registered or notified prior to the date of lodgment of that instrument of charge, except that where a prior registered mortgagee or chargee has sold the immovable property in exercise of the mortgagee’s or chargee’s power of sale, the registered charge of the estate or interest of the immovable property when transferred to a purchaser by the mortgagee or chargee must not be overreached by the exercise of the power of sale by the mortgagee or chargee of a prior registered mortgage or charge.
(3) The Corporation must not exercise its power of sale under subsection (2)(a) unless —(a)
a resolution has been passed by the Corporation to have the immovable property sold;
(b)
a notice of the intended sale approved by the Registrar has been published once in one or more daily newspapers, as may be determined by the Registrar;
(c)
during the period of 6 weeks after the date of the publication specified in paragraph (b) no payment has been received for the contributions due including interest thereon and for the cost of publication as well as any other necessary incidental charges; and
(d)
there is no legal action pending in court to restrain the Corporation from proceeding with the sale.
(4) Where a transfer of any immovable property has been made by the Corporation in the exercise of its power of sale conferred by this section and the transfer is lodged with the Registrar for registration —(a)
the Registrar must not accept the transfer for registration unless the following documents are lodged at the same time:(i)
a certified true copy of the resolution of the Corporation authorising the exercise of its power of sale with the seal of the Corporation affixed thereto and authenticated in accordance with section 3(6);
(ii)
a copy of every publication containing the notice mentioned in subsection (3)(b);
(iii)
a statutory declaration made by the Chief Executive stating that the unpaid contributions and interest thereon and all necessary incidental costs and expenses owing to the Corporation as of the date of the contract of sale of the immovable property have not been paid and that there is no legal action pending in court to restrain the Corporation from proceeding with the sale of the immovable property; and
(b)
neither the person who purchased the immovable property from the Corporation nor the Registrar must inquire into the regularity or validity of the sale or transfer.
(5) Where an instrument of charge has been registered against any immovable property under this section, the owner of the immovable property is, upon payment of the amount of contributions and interest and any necessary incidental charges owing to the Corporation before it has exercised its power of sale conferred by this section, entitled to an instrument of discharge executed and acknowledged by the Corporation as to the receipt of the payment.
(6) Upon registration of the instrument of discharge or, in the event of the Corporation refusing to execute a discharge, an order of court declaring that the immovable property is to be discharged from the charge, the immovable property is freed from the charge constituted under this section.
(7) For the purpose of the registration of a charge, discharge or transfer under this section, the Registrar may dispense with the production of the relevant duplicate certificate of title.
(8) Despite section 74 of the Land Titles Act 1993 and section 16 of the Registration of Deeds Act 1988, where further contributions are due to be paid to the Corporation after the instrument of charge has been registered under this section, the contributions due, including interest thereon, rank in priority to any other claims as if the contributions and interest were owing to the Corporation at the date of the registration of the charge.
(9) A charge under subsection (2) continues in force until all contributions including interest thereon secured by the charge have been paid.
(10) This section does not affect any rights and powers of the Corporation to recover the contributions and interest owing to the Corporation, including any legal costs and incidental charges necessarily incurred for the recovery of those contributions, in respect of any immovable property as a debt from the owner of, or the owner’s successor in title to, the property.
(11) In this section —“public authority” means the Government, the Collector of Land Revenue, the Comptroller of Property Tax and any other person, corporation or body, authorised or empowered by any written law to attach, sell or acquire land compulsorily;
“Registrar” means the Registrar of Titles appointed under the Land Titles Act 1993.[18G
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
