Appointment of Marina Superintendent and Deputy and Assistant Marina Superintendents
26.—(1) The Corporation may appoint a Marina Superintendent and any number of Deputy and Assistant Marina Superintendents as may be necessary for the purpose of administering and carrying out the provisions of this Part.
(2) Whenever, by the provisions of this Part, a power is granted to or a duty imposed upon the Corporation, the power may be exercised or duty performed by the Marina Superintendent or a Deputy or an Assistant Marina Superintendent.[18H
General rules for navigation
27. A master who navigates a vessel in the waters or waterways of Sentosa —(a)
without due care and attention; or
(b)
in a manner liable to injure or endanger persons, other vessels, the marine facilities in Sentosa or any structure or installation in Sentosa,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[18I
Vessel adrift
28.—(1) The owner or master of a vessel adrift in the waters and waterways of Sentosa shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(2) It is a defence for the owner or master of a vessel charged with an offence under subsection (1) to prove that the vessel did not become adrift as the result of any neglect or default on the part of the owner or master.[18J
Control of embankments, etc.
29. The Corporation is vested with authority over and control of all embankments, revetments, floats, wharves, docks and marine facilities in the waters and waterways of Sentosa whether or not they are owned, leased, controlled, constructed or maintained by the Corporation.[18K
Control of navigation
30.—(1) The Corporation is vested with authority over, and control of navigation and the use of, vessels in the waters and waterways of Sentosa and may give general directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the waters and waterways of Sentosa and, in particular, for any of the following purposes:(a)
for designating waterways in Sentosa which vessels are to use or refrain from using for movement or mooring;
(b)
for securing that vessels move only at certain times or during certain periods;
(c)
for prohibiting —(i)
entry into or movement in the waters and waterways of Sentosa by vessels at times of poor visibility due to the weather or other matters; and
(ii)
entry into the waters and waterways of Sentosa by a vessel which for any reason would be, or be likely to become, a danger to other vessels in the waterways;
(d)
for the movement, berthing or mooring of a vessel;
(e)
for the removal of any vessel from the waters and waterways of Sentosa if —(i)
it is on fire;
(ii)
it is in a condition where it is liable to be immobilised or waterlogged, or to sink; or
(iii)
it is making an unlawful or improper use of the waters and waterways of Sentosa;
(f)
requiring the master of a vessel to give to the Marina Superintendent information relating to the vessel reasonably required by the Marina Superintendent in order to effect the objects of this subsection.
(2) A direction given under subsection (1) may apply —(a)
to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction;
(b)
to all or some of the waters and waterways of Sentosa or to the parts of the waters and waterways designated in the direction; and
(c)
at all times or at times designated in the direction.
(3) The Corporation may revoke or amend any direction given under this section.
(4) Directions given by the Corporation under this section must, as soon as practicable after they have been made, be published in the Gazette.[18L
Special directions to vessels
31. The Marina Superintendent may at any time give direction to a vessel anywhere in the waters or waterways of Sentosa —(a)
requiring the vessel to comply with the requirement made in or under a general direction;
(b)
regulating or requiring the movement, mooring or unmooring of a vessel; and
(c)
regulating the manner in which a vessel takes in or discharges fuel, water or ship’s stores.[18M
Master’s responsibility to be unaffected
32. The giving of a general or special direction does not diminish or in any other way affect the responsibility of the master of a vessel to which the direction is given in relation to the vessel, persons on board the vessel or any other person or property.[18N
Failure to comply with directions
33.—(1) The master of a vessel who fails to comply with a general or special direction shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(2) It is a defence for a person charged with an offence under subsection (1) to prove that he or she had reasonable ground for supposing that compliance with the direction in question would be likely to imperil the vessel or that in the circumstances compliance was impracticable.[18O
Enforcement of directions
34.—(1) Without affecting any other remedy available to the Corporation, if a direction is not complied with within a reasonable time, the Marina Superintendent may, where applicable, put persons aboard the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
(2) If there is no one on board a vessel to attend to a direction, the Marina Superintendent may proceed as if the direction had been given and not complied with.
(3) Expenses incurred by the Corporation in the exercise of the powers conferred by subsection (1) are recoverable by the Corporation as if they were a charge of the Corporation in respect of the vessel.[18P
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
