MARITIME AND PORT AUTHORITY OF SINGAPORE ACT

PART III

FUNCTIONS, DUTIES AND POWERS OF AUTHORITY

Functions and duties of Authority
7.

—(1) Subject to the provisions of this Act, it shall be the function and duty of the Authority —
(a) to promote the use, improvement and development of the port;
(b) to regulate and control navigation within the limits of the port and the approaches to the port;
(c) to provide and maintain adequate and efficient lighthouses, beacons, buoys and other aids to navigation in the territorial waters of Singapore and the approaches thereto, at Pedra Branca (Horsburgh), at Pulau Pisang and at such other places as the Authority may think fit;
(d) to disseminate navigational information;
(e) to exercise licensing and regulatory functions in respect of marine and port services and facilities;
(f) to secure that there are provided in the port (whether by itself or by any public licensee), adequate and efficient marine and port services and facilities on such terms as the Authority may think expedient;
(g) to secure that any person by whom any marine or port services and facilities fall to be provided in the port is able to provide the services and facilities efficiently whilst maintaining independent financial viability;
(h) to promote efficiency, reliability and economy on the part of public licensees in accordance with, as far as practicable, recognised international standards and public demand;
(i) to create an economic regulatory framework in respect of the provision of marine and port services and facilities which promotes and safeguards competition and fair and efficient market conduct or, in the absence of a competitive market, which prevents the misuse of monopoly or market power;
(j) to promote, provide and administer training schemes for members of the mercantile marine and the shipping and port industries;
(k) to develop, promote and regulate employment among members of the mercantile marine;
(l) to exercise regulatory functions in respect of merchant shipping and particularly in respect of safety at sea, the manning of vessels and the prevention of pollution at sea;
(m) to promote the development of merchant shipping;
(n) to advise the Government on all matters relating to sea transport and the provision of marine and port services and facilities;
(o) to act internationally as the national body representative of Singapore in respect of sea transport, marine and port matters;
(p) to discharge or facilitate the discharge of international obligations of the Government in respect of sea transport; and
(q) to perform such other functions as are conferred on the Authority by this Act or any other written law.
(2) In discharging the functions and duties imposed on it by subsection (1), the Authority shall have regard to —
(a) satisfying all reasonable demands for marine and port services and facilities;
(b) fostering the development and expansion of marine and port services and facilities in the world in collaboration with other countries and international organisations;
(c) enabling persons providing marine and port services and facilities in Singapore to compete effectively in the provision of such services and facilities outside Singapore;
(d) the promotion of measures for the safety of life in the port;
(e) the promotion of research and development in the fields of marine and port services and facilities; and
(f) collaboration with educational institutions for the promotion of technical education in the fields of marine and port services and facilities.
(3) Nothing in this section shall be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court. (4) In addition to the functions and duties imposed by this section, the Authority may undertake such other functions as the Minister may assign to the Authority and the Authority shall be deemed to be fulfilling the purposes of this Act and the provisions of this Act shall apply to the Authority in respect of such functions. (5) Notwithstanding the provisions of this Act, the Authority may, until such time as the licences granted under Part XII come into effect, continue to provide any marine or port services and facilities that the Port of Singapore Authority was providing immediately before 2nd February 1996. (6) Without prejudice to the provisions of Part XII, the Authority may provide any marine or port services and facilities in any of the following circumstances notwithstanding that it has granted a public licence to any person:
(a) if the Authority is of the opinion that the person has failed to discharge or is not discharging to the Authority’s satisfaction the obligations imposed by the Authority on the person in the public licence; or
(b) to give effect to any direction of the Minister under section 9.
(7) The Authority shall furnish the Minister with information with respect to its property and activities in such manner and at such times as the Minister may require.

Powers of Authority
8.

—(1) Subject to this Act, the Authority may carry on such activities as appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act or any other written law, and in particular, may exercise any of the powers specified in the Second Schedule. (2) This section shall not be construed as limiting any power of the Authority conferred by or under any other written law.

Directions by Minister
9.

—(1) The Minister may, after consultation with a person to whom this section applies, give to that person such directions as he thinks fit as to the exercise by that person of his functions under this Act. (2) Without prejudice to the generality of subsection (1), if it appears to the Minister to be requisite or expedient to do so —
(a) on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or
(b) in order —
(i) to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement;
(ii) to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of such an organisation or a party to such an agreement; or
(iii) to enable the Government to become a member of such an organisation or a party to such an agreement,
he may, after consultation with a person to whom this section applies, give such directions to that person as are necessary in the circumstances of the case. (3) Any direction given under subsection (1) or (2) may include provisions for —
(a) the prohibition or regulation of any marine or port services and facilities;
(b) the taking of, the control of or the usage of any marine or port services and facilities for official purposes of all or any system and equipment relating thereto; and
(c) the carrying out of any other purposes which the Minister thinks necessary.
(4) A person to whom this section applies shall give effect to any direction given to that person under subsection (1) or (2) notwithstanding any other duty imposed on that person by or under this Act or any other written law. (5) A person to whom this section applies shall not disclose any direction given to that person under subsection (1) or (2) if the Minister notifies that person that the Minister is of the opinion that the disclosure of the direction is against the public interest. (6) The Minister may —
(a) pay compensation for any damage caused to a public licensee by reason of its compliance with the directions of the Minister under subsection (3) (

b

);
(b) make grants to public licensees for defraying or contributing towards any losses which they may sustain by reason of their compliance with the directions of the Minister under any other provision of this section.
(7) Any sum required by the Minister for paying compensation or making grants under subsection (6) shall be paid out of the Consolidated Fund. (8) This section shall apply to the Authority and to every public licensee. (9) If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister shall be conclusive evidence of the matters stated therein.

Furnishing of information
10.

—(1) The Authority or any person authorised by the Authority in that behalf may by notice require any person to furnish to the Authority or the person so authorised, within such period as shall be specified in the notice, all such documents or information relating to such matters as may be required by the Authority for the purposes of this Act and as are within the knowledge of that person or in his custody or under his control. (2) Any person who, on being required by notice under subsection (1) to furnish any document or information, fails to comply with any requirement of the notice shall be guilty of an offence. (3) A person who —
(a) intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (1) to furnish; or
(b) in furnishing any estimate, return or other information required of him under any notice under subsection (1), makes any statement which he knows to be false in any material particular,
shall be guilty of an offence.

Annual report
11.

The Authority shall, as soon as practicable after the end of each financial year, submit to the Minister an annual report on the activities of the Authority during the preceding financial year and the Minister shall cause a copy of every such report to be presented to Parliament.

Appointment of committees and delegation of powers
12.

—(1) The Authority may appoint from among its own members or other persons who are not members such number of committees as it thinks fit consisting of members or other persons or members and other persons for purposes which, in the opinion of the Authority, would be better regulated and managed by means of such committees. (2) The Authority may, subject to such conditions or restrictions as it thinks fit, delegate to any such committee all or any of the powers, functions and duties vested in the Authority by this Act or any other written law, except the powers to make regulations, prescribe or levy dues and rates and borrow money, and any power, function or duty so delegated may be exercised or performed by the committee in the name and on behalf of the Authority. (3) The Authority may, subject to such conditions or restrictions as it thinks fit, delegate to any member or employee of the Authority or any person all or any of its powers, functions and duties vested in the Authority by this Act or any other written law, except the powers to make regulations, prescribe or levy dues and rates and borrow money; and any power, function or duty so delegated may be exercised or performed by the member, employee or person in the name and on behalf of the Authority. (4) The Authority may continue to exercise a power conferred upon it, or perform a function or duty under this Act or any other written law, notwithstanding the delegation of the power, function or duty under this section.

Symbol, design or representation of Authority
13.

—(1) The Authority shall have the exclusive right to the use of such symbol, design or representation as it may select or devise and thereafter display or exhibit it in connection with its activities or affairs. (2) Any person who uses a symbol, design or representation identical with that of the Authority or which so resembles the symbol, design or representation thereof as to deceive or cause confusion or to be likely to deceive or cause confusion shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
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