Licence required to operate cruise terminal
29A.—(1) A person must not operate any cruise terminal unless the person has in force a cruise terminal licence for the cruise terminal.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.[Act 28 of 2022 wef 01/04/2023]
Cruise terminal licence application
29B.—(1) Any person who desires to apply for or renew a cruise terminal licence in respect of any cruise terminal —(a)
must apply to the Controller in such form and manner as the Controller may require, with the information and documents required by the Controller; and
(b)
in the case of an application to renew a licence, must submit the application to the Controller within such period before the expiry of the licence as the Controller may specify.
(2) The following are matters which the Controller may take into account in considering the application:(a)
the ability of the applicant to finance the operation of the cruise terminal;
(b)
the experience of the applicant in operating the cruise terminal and any other cruise terminal (whether in Singapore or elsewhere), and the applicant’s ability to perform the duties of a cruise terminal licensee imposed under this Act, any regulations made under this Act and the cruise terminal licence;
(c)
the suitability of the site of the cruise terminal for its use as such;
(d)
the name by which the cruise terminal is to be known;
(e)
the suitability of the applicant as a cruise terminal licensee (including whether the applicant has observed and complied with all duties and obligations imposed on it under any written law administered, or licence issued, by the Maritime and Port Authority of Singapore).
(3) On considering the application, the Controller may —(a)
grant or renew the cruise terminal licence, as the case may be; or
(b)
refuse the application,
and the Controller must notify the applicant in writing accordingly.
(4) Without affecting subsection (2), the Controller may refuse the application if the Controller is satisfied that —(a)
the applicant is not able to finance the operation of the cruise terminal;
(b)
the applicant is not a suitable person to be involved in the operation of a cruise terminal;
(c)
there is reason to believe that the applicant —(i)
is contravening or has contravened —(A)
any provision of this Act or any regulations made for the purposes of this Act, or any provision of the Maritime and Port Authority of Singapore Act 1996 or any regulations made under that Act;
(B)
any condition of a cruise terminal licence of the applicant or of a public licence issued to the applicant under the Maritime and Port Authority of Singapore Act 1996, whether or not in relation to the same cruise terminal that is the subject of the application; or
(C)
any direction issued to the applicant under this Part, or to the applicant as a public licensee under the Maritime and Port Authority of Singapore Act 1996; or
(ii)
is refusing or has refused or failed, without reasonable excuse, to comply with any requirement of the Controller or an inspecting officer under section 32B(1);
(d)
the application contains any information that is false or the application is misleading (including as a result of an omission), in any material particular;
(e)
the name proposed for the cruise terminal concerned —(i)
is likely to mislead members of the public as to the true character and purpose of the cruise terminal, including by reason of the inclusion of the name of a sponsor or donor;
(ii)
is identical with or so nearly resembling the name of another cruise terminal or person or individual or thing (whether in Singapore or elsewhere) as to be likely to deceive or cause confusion in relation to it;
(iii)
is likely to give any impression that the cruise terminal is connected to the Government or any public authority, or with any other body of persons or any individual or thing (whether in Singapore or elsewhere), when it is not so connected; or
(iv)
is undesirable or offensive, or may bring disrepute to Singapore or cause confusion as to Singapore as a tourist destination; or
(f)
it is in the public interest to do so.
(5) Where the Controller is satisfied that a cruise terminal licence should not be renewed, the Controller may, despite being so satisfied, renew the cruise terminal licence for a period not exceeding 12 months for the purpose of facilitating the transfer by the applicant of the management, operation and administration of the cruise terminal to the person taking over the same from the applicant.
(6) A cruise terminal licensee that does not intend to renew its cruise terminal licence must provide the Controller with at least 24 months’ prior written notice or such other shorter or longer period as may be prescribed in substitution.
(7) The Controller may, at any time, amend a cruise terminal licence by changing —(a)
the particulars of the person to whom the licence is granted, including the name of the person (but not where the effect of the change in name would be to transfer or assign the benefit of the cruise terminal licence, without the consent having been obtained under section 29F); and
(b)
the description (including the name and site) of the cruise terminal to which the licence relates (including by addition or deletion, or both).[Act 28 of 2022 wef 01/04/2023]
In-principle approvals
29C.—(1) This section applies where an application has been made for the grant or renewal of a cruise terminal licence, and the Controller requires the applicant to fulfil one or more requirements pending the Controller’s determination of the application.
(2) The Controller may give the applicant an in-principle approval for the grant or renewal of the cruise terminal licence pending the applicant fulfilling the requirements, permitting the applicant to provide all or any cruise port services and facilities at the cruise terminal that is to be the subject of the cruise terminal licence to be granted or renewed.
(3) The Controller may give the in-principle approval subject to any conditions that the Controller thinks fit.
(4) The Controller must specify a validity period for the in-principle approval that does not exceed 12 months, and may extend the validity period one or more times, but the initial validity period and every extension must not exceed 12 months in total.
(5) Except to the extent provided under subsection (4), the in-principle approval cannot be renewed.
(6) For the purposes of this Act, so long as an in-principle approval is in force —(a)
it is treated as a cruise terminal licence;
(b)
the applicant is treated as a cruise terminal licensee; and
(c)
the conditions mentioned in subsection (3) are conditions of a cruise terminal licence.
(7) Without affecting section 29G and despite the validity period (including any extensions) of the in-principle approval under subsection (4), the in-principle approval ceases to be in force —(a)
if the applicant fails to comply with any requirement imposed under subsection (1); or
(b)
on the determination of the application under section 29B(3).[Act 28 of 2022 wef 01/04/2023]
Name of cruise terminal
29D. Unless the Controller otherwise allows, a cruise terminal licensee must not use any name for the cruise terminal to which its cruise terminal licence relates, except the name specified in the licence for the cruise terminal.[Act 28 of 2022 wef 01/04/2023]
Validity of cruise terminal licence
29E.—(1) Subject to subsection (2), a cruise terminal licence remains in force for the validity period specified in the cruise terminal licence, unless earlier revoked under section 29G or cancelled under section 29H.
(2) A cruise terminal licence is treated as not being in force —(a)
for any period for which the licence is suspended under section 29G; and
(b)
for the part or the whole of any validity period mentioned in subsection (1) for which the cruise terminal licensee does not have in force a public licence under the Maritime and Port Authority of Singapore Act 1996 in relation to the cruise terminal to which the cruise terminal licence relates.[Act 28 of 2022 wef 01/04/2023]
Restriction on transfer of cruise terminal licence
29F.—(1) A cruise terminal licensee must not transfer or assign the benefit of its cruise terminal licence to any other person without the prior written consent of the Controller.
(2) Any transfer or assignment in contravention of subsection (1) is for all purposes void and of no effect.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000.[Act 28 of 2022 wef 01/04/2023]
Suspension and revocation of cruise terminal licence, etc.
29G.—(1) If the Controller is satisfied in relation to any cruise terminal licensee of a cruise terminal that —(a)
the cruise terminal licensee has contravened, is contravening, or is likely to contravene —(i)
any provision of this Act or any regulations made for the purposes of this Act, or any provision of the Maritime and Port Authority of Singapore Act 1996 or any regulations made under that Act;
(ii)
any condition of its cruise terminal licence or a public licence granted to it under the Maritime and Port Authority of Singapore Act 1996; or
(iii)
any direction issued by the Controller to the cruise terminal licensee under Division 3 or this subsection (as may be modified under that Division or this section, as the case may be), or by the Maritime and Port Authority of Singapore under the Maritime and Port Authority of Singapore Act 1996 to the applicant as a public licensee (as may be modified under that Act);
(b)
the cruise terminal licensee provided or caused to be provided to the Controller or any inspecting officer any information (including information in connection with its application for or renewal of a cruise terminal licence) which is false or misleading (including as a result of an omission) in any material particular, or the cruise terminal licensee otherwise obtained its cruise terminal licence through fraud or misrepresentation;
(c)
the cruise terminal licensee refuses or fails, without reasonable excuse, to comply with any requirement of the Controller or an inspecting officer under section 32B(1);
(d)
the cruise terminal licensee has gone or is likely to go into compulsory liquidation or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
(e)
the cruise terminal licensee has made any assignment to, or composition with, its creditors;
(f)
the cruise terminal licensee has ceased or is likely to cease operation of the cruise terminal to which its cruise terminal licence relates;
(g)
the cruise terminal licensee is not a suitable person to continue to be involved in the operation of the cruise terminal;
(h)
the cruise terminal licensee ceases to have in force a public licence granted under the Maritime and Port Authority of Singapore Act 1996 in relation to the cruise terminal to which the cruise terminal licence relates; or
(i)
the public interest of Singapore requires,
then the Controller may do one or more of the following:
(j)
issue any direction to the cruise terminal licensee to do or not to do anything specified in the direction;
(k)
where paragraph (a) or (c) applies, subject to subsection (2), impose on the cruise terminal licensee a financial penalty not exceeding the higher of the following amounts, payable to the Board within the time specified by the Controller:(i)
1% of the annual turnover of that part of the licensee’s business to which the cruise terminal licence relates, as ascertained from the licensee’s latest audited accounts;
(ii)
$100,000;
(l)
debar the cruise terminal licensee from applying for the grant or renewal of any cruise terminal licence for a period specified by the Controller;
(m)
suspend the cruise terminal licence of the cruise terminal licensee for a period specified by the Controller that must not exceed 12 months or such longer period as may be prescribed in substitution, or revoke the licence.
(2) Subsection (1)(k) does not apply in respect of any contravention which is prescribed to be an offence under this Act or any regulations made under this Act.
(3) A suspension under subsection (1)(m) may relate to one or more cruise port services and facilities being provided, or intended to be provided, at the cruise terminal to which the cruise terminal licence relates, whether generally or in relation to any class or category of ships or any ship by any description.
(4) Where the Controller intends to take any regulatory action under subsection (1) against a cruise terminal licensee, the Controller must serve on the cruise terminal licensee written notice of the Controller’s intention, unless —(a)
the Controller considers that it is not practicable or desirable in the particular circumstances of the case to do so; or
(b)
the cruise terminal licensee has been dissolved or wound up or has otherwise ceased to exist, or has ceased operation of the cruise terminal to which its cruise terminal licence relates.
(5) The written notice must specify —(a)
the regulatory action that the Controller intends to take against the cruise terminal licensee;
(b)
the ground or grounds in subsection (1)(a) to (i) on which the Controller intends to rely; and
(c)
the time (being at least 14 days after the date of service of the written notice on the cruise terminal licensee) within which any written representation may be given to the Controller, or any representation by the cruise terminal licensee heard, with respect to the Controller’s intention.
(6) On considering any representation made by the cruise terminal licensee under subsection (5)(c), the Controller may decide to —(a)
proceed with the intended regulatory action (including with any modification as the Controller thinks fit); or
(b)
not proceed with the intended regulatory action or proceed with a different regulatory action,
and must serve on the cruise terminal licensee written notice of the Controller’s decision.
(7) If no representation is made to the Controller within the time mentioned in subsection (5)(c) or if any representation made under that provision is withdrawn, the Controller —(a)
may decide to proceed as intended (including with any modification as the Controller thinks fit), or may decide not to proceed; and
(b)
must serve on the cruise terminal licensee written notice of the Controller’s decision.
(8) The decision of the Controller mentioned in subsection (6) or (7) (as the case may be) does not take effect until —(a)
the expiry of the period allowed under section 42A for the cruise terminal licensee to appeal to the Minister against the decision; and
(b)
if an appeal is made in the period allowed under section 42A for the licensee to appeal —(i)
the determination or rejection of the appeal by the Minister or his or her designate under section 42A; or
(ii)
(if the appeal is withdrawn) the withdrawal of the appeal.
(9) The suspension or revocation of any cruise terminal licence under this section does not affect the enforcement by any person of any right or claim against the cruise terminal licensee or former cruise terminal licensee, or by the cruise terminal licensee or former cruise terminal licensee of any right or claim against any person.
(10) If the written notice under subsection (4) is served on the cruise terminal licensee and the cruise terminal licence expires before the Controller can —(a)
make a determination whether one or more of the grounds in subsection (1)(a) to (i) mentioned in the written notice under subsection (5)(b) are satisfied; or
(b)
(if the Controller has made such a determination) take any regulatory action under subsection (1)(j), (k), (l) or (m) (whether or not mentioned in that written notice under subsection (5)(a)),
this section continues to apply and the Controller may, at any time after the expiry —
(c)
continue to make such determination or take such regulatory action under subsection (1)(j), (k) or (l) or both (as the case may be) in relation to the former cruise terminal licensee; or
(d)
not continue with any further action under this section.
(11) For the purpose of subsection (10), a cruise terminal licence expires when any of the following occurs:(a)
its period of validity ends;
(b)
it is revoked under this section;
(c)
it is cancelled under section 29H.
(12) To avoid doubt and without affecting section 29B(2), a determination under subsection (10) is a relevant consideration for the purpose of any application that the former cruise terminal licensee may subsequently make under section 29B.
(13) Where regulatory action taken under this section is the issue of a direction under subsection (1)(j), the Board may at any time vary, suspend or revoke the whole or any part of the direction, and section 29L applies in relation to such variation, suspension or revocation as if the direction in question were a direction issued under section 29K.
(14) For the purposes of subsection (13), references in section 29L to a person are references to a cruise terminal licensee or a former cruise terminal licensee, as the case may be.[Act 28 of 2022 wef 01/04/2023]
Cancellation of cruise terminal licence
29H.—(1) A cruise terminal licensee that wishes to cancel its cruise terminal licence must provide the Controller with at least 24 months’ prior written notice or such other shorter or longer period as may be prescribed in substitution.
(2) The cancellation of the cruise terminal licence under this section does not affect the enforcement by any person of any right or claim against the former cruise terminal licensee, or by the cruise terminal licensee of any right or claim against any person.[Act 28 of 2022 wef 01/04/2023]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
