s 29K Directions of Controller
29K.—(1) The Controller may, by written direction to a cruise terminal licensee, a cruise line, or to any owner, operator, manager, agent or master of any ship (whether or not a cruise ship), require the person so directed to do or not to do the things specified in the direction, or of a description specified in the direction, for any of the following purposes:(a) to optimise the use of cruise terminals in Singapore; (b) to ensure or require compliance with the berthing framework; (c) to ensure the availability of berth slots or optimise the use of berth slots across all cruise terminals in Singapore (whether or not in relation to cruise ships) including by requiring the acceptance, postponement, cancellation or rejection of any berth booking by a cruise terminal licensee, whether or not in consequence of any double-booking, over-booking or non-compliance with the berthing framework, by that or another cruise terminal licensee, and whether or not in accordance with the berthing framework; (d) to ensure the availability and reliability of any cruise port services and facilities; (e) to ensure compliance with standards of performance and procedures for any matter affecting the provision of cruise port services and facilities; (f) to ensure or require compliance with the pricing framework under section 29O; (g) to ensure the coordination and cooperation, on the terms specified by the Controller, with any other person in the use or sharing of —(i) any building, berth, installation, facility or infrastructure; (ii) any equipment, machinery plant or system; or (iii) any computer or electronic system, or any part of the same, that is owned or used by a cruise terminal licensee for the provision of any cruise port services and facilities; (h) to prevent any cruise terminal, or the cruise industry in Singapore generally, from being brought into disrepute; (i) for a cruise terminal licensee intending to cancel or not renew its cruise terminal licence for a cruise terminal, to ensure the proper and expeditious transfer of the management, operation and administration of the cruise terminal to another cruise terminal licensee, the Board or an agent of the Board (including by the novation of agreements concerning the cruise terminal); (j) for any matter ancillary to this Part. (2) A direction mentioned in subsection (1)(a), (b), (c), (d), (h) and (j) may require the person to whom the direction is issued to do or to refrain from doing any thing to enable a ship to arrive at or leave a berth at the cruise terminal for the purposes of a berth slot. (3) A direction mentioned in subsection (1)(i) may also be issued to a former cruise terminal licensee. (4) Before issuing a direction under this section, the Controller must, unless the Controller considers that it is not practicable or desirable in the particular circumstances of the case, serve on the person to whom the direction is to be issued, written notice of the Controller’s intention. (5) The written notice must —(a) state the direction the Controller intends to make and its effect; and (b) specify the time (being at least 14 days after the date of service of the written notice on the person) within which any written representation may be given to the Controller, or any representation by the person heard, with respect to the Controller’s intention. (6) On considering any representation made by the person under subsection (5)(b), the Controller may decide to —(a) proceed as intended (including with any modification to the direction as the Controller thinks fit); or (b) not proceed as intended, and must serve on the person written notice of the Controller’s decision. (7) If no representation is made to the Controller within the time mentioned in subsection (5)(b) or if any representation made under that provision is withdrawn, the Controller may proceed as intended (including with any modification as the Controller thinks fit) and must serve on the person written notice of the Controller’s decision. (8) The person must comply with the direction served pursuant to a decision under subsection (6) or (7) in or within the time specified in the direction for compliance. (9) Where the person is a cruise terminal licensee whose cruise terminal licence ceases to be in force after the direction is issued, the person must still comply with the direction. (10) The person is not required to comply with the direction to the extent it is inconsistent with any requirement under any other written law or any condition specified in any licence granted under or direction given under the Maritime and Port Authority of Singapore Act 1996. (11) Any person who fails to comply with a direction under 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 $500 for every day or part of a day during which the offence continues after conviction. (12) This section does not prevent the Controller from issuing directions to more than one person mentioned in subsection (1) for the same purpose, including issuing a direction to a person after another person has failed to comply with an earlier direction issued to that other person under this section.[Act 28 of 2022 wef 01/04/2023]