On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 31/12/2011.
PART VI
MISCELLANEOUS
27.
—(1) The Director or a Monument Inspector may, at any reasonable time, enter upon any land for the purpose of —
(a)
inspecting any national monument thereon;
(b)
investigating into any contravention or suspected contravention of this Act;
(c)
ascertaining whether any of the functions or powers conferred by or under this Act on the Board should or may be exercised; and
(d)
taking any action or carrying out any work authorised or required by or under this Act.
(2) In addition to the powers conferred on him by this Act, the Director or a Monument Inspector may, in relation to any offence under this Act —
(a)
require any person whom he reasonably believes to have committed that offence to furnish evidence of the person’s identity;
(b)
require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, copy or make extracts from such book or document; or
(c)
require, by order in writing, the attendance at such time and place as may be specified in the order of any person within the limits of Singapore who, from any information given or otherwise obtained by the Director or Monument Inspector, appears to be acquainted with the circumstances of the case.
(3) Any person who —
(a)
refuses to give access to, or assaults, obstructs, hinders or delays, the Director or a Monument Inspector in the discharge of his duties under this Act;
(b)
wilfully mis-states or without lawful excuse refuses to give any information or produce any book, document or copy thereof required of him by the Director or a Monument Inspector under subsection (2); or
(c)
fails to comply with a lawful demand of the Director or a Monument Inspector in the discharge of his duties under this Act,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
28.
—(1) The Director, a Monument Inspector or a police officer may arrest any person whom he has reason to believe to be committing or to have committed an offence punishable under this Act if —
(a)
the name and address of the person are unknown to him;
(b)
the person declines to give his name and address; or
(c)
there is reason to doubt the accuracy of the name and address given.
(2) A person arrested under this section may be detained until his name and address are correctly ascertained.
(3) A person arrested under this section shall not be detained longer than is necessary for bringing him before a court unless the order of a court for his continued detention is obtained.
29.
—(1) Where an offence under this Act committed by a body corporate is proved —
(a)
to have been committed with the consent or connivance of an officer; or
(b)
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —
(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —
“body corporate” includes a limited liability partnership which has the same meaning as in section 2(1) of the Limited Liability Partnerships Act (Cap. 163A);
“officer” —
(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
30. Notwithstanding any provision to the contrary in the Criminal Procedure Code 2010 (Act 15 of 2010), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
31.
—(1) The Director or any officer of the Board authorised by the Director may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —
(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
$5,000,
whichever is the lower.
(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
32. The Board may, with the approval of the Minister, by order published in the Gazette, either permanently or for such period as the Board may think fit, exempt any monument or person or any class of monuments or persons from all or any of the provisions of this Act.
33.
—(1) Where any notice, order or other document required or authorised by this Act to be served on any person requires authentication, the signature of the Director, a Monument Inspector or any other duly authorised officer or employee of the Board or an official facsimile of such signature appended to such notice, order or document shall be sufficient authentication.
(2) In any proceedings under this Act, the contents of any such notice, order or document shall be presumed to be correct until the contrary is proved.
34.
—(1) Any notice, order or document required or authorised by this Act to be served on any person may be served on the person —
(a)
by delivering it to the person or to some adult member or employee of his family or household at his last known place of residence;
(b)
by leaving it at his usual or last known place of residence or place of business in an envelope addressed to the person;
(c)
by sending it by registered post addressed to the person at his usual or last known place of residence or place of business; or
(d)
in the case of an incorporated company, a partnership or a body of persons —
(i)
by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or
(ii)
by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.
(2) Any notice, order or document sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person at the time when the notice, order or document, as the case may be, would in the ordinary course of post be delivered and, in proving service of the notice, order or document, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
(3) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order or document to some conspicuous part of the premises.
(4) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.
35.
—(1) The Board may, with the approval of the Minister, make regulations for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed.
(2) Without prejudice to the generality of subsection (1), the purposes for which regulations may be made under this section include the following:
(a)
to prohibit or to control and regulate the carrying out of any work on or in relation to a national monument;
(b)
to prohibit or to control and regulate the use of a national monument for any particular purpose;
(c)
to prohibit or to control and regulate the doing of any particular act in relation to a national monument (including the placement or display of signs, banners, posters, buntings, flags or any other advertising material on a national monument);
(d)
to provide for the preservation and protection of any fitting, fixture, artefact or other movable object that is found in, is attached to or forms part of a national monument; and
(e)
to prescribe additional duties to be imposed on the owner or occupier of a national monument in relation to the preservation, protection and use of such national monument.
(3) Regulations made under this section —
(a)
may provide that any contravention of, or failure or neglect to comply with, any provision of such regulations shall be an offence;
(b)
may prescribe the fine with which the offence shall be punishable, except that no such fine shall exceed for any one offence, the sum of $5,000 and, in the case of a continuing offence, the sum of $100 for every day or part thereof during which the offence continues after conviction; and
(c)
may prescribe the offences which may be compounded under section 31.
(4) All regulations made under this Act shall be presented to Parliament as soon as possible after publication in the Gazette.
36.
—(1) For the avoidance of doubt —
(a)
every preservation order made under section 8 of the repealed Preservation of Monuments Act (Cap. 239, 1985 Ed.) shall be deemed to have been made under section 11 of this Act;
(b)
any permission, approval, decision, notice, order (not being a preservation order) or other document prepared, made, granted, issued and any act or thing done under or pursuant to the repealed Preservation of Monuments Act and valid immediately before 1st July 2009 shall be deemed to have been prepared, made, granted, issued or done under or pursuant to the corresponding provision of this Act and shall continue to have effect accordingly;
(c)
any application, request, objection or appeal made to the Preservation of Monuments Board or the Minister under any provision of the repealed Preservation of Monuments Act on which the decision of that Board or the Minister has not been made immediately before 1st July 2009 shall be deemed to have been made and shall be dealt with under the corresponding provision of this Act;
(d)
the powers conferred on the National Heritage Board, the Director or a Monument Inspector by this Act may be exercised in respect of any breach, contravention or non-compliance of or under the repealed Preservation of Monuments Act as if it were a breach, contravention or non-compliance of or under the corresponding provision of this Act, except any offence committed under the repealed Preservation of Monuments Act before 1st July 2009 shall be dealt with in accordance with the provisions of that Act as if this Act had not been enacted; and
(e)
any enforcement process or proceedings commenced, pending or existing immediately before 1st July 2009 in connection with any breach, contravention or non-compliance of or under the repealed Preservation of Monuments Act may be continued and disposed of under the provisions of that Act as if this Act had not been enacted.
(2) In so far as it is necessary for preserving the effect of any written law or document, any reference in such written law or document to the repealed Preservation of Monuments Act shall, unless the context otherwise requires, be construed as a reference to this Act.
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