Maritime and Port Authority of Singapore Act 1996

Maritime and Port Authority of
Singapore Act 1996

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to establish and incorporate the Maritime and Port Authority of Singapore, to provide for its functions and powers, and for matters connected therewith.

[2 February 1996]

PART 1

PRELIMINARY

Short title

1. This Act is the Maritime and Port Authority of Singapore Act 1996.

Interpretation

2. In this Act, unless the context otherwise requires —

“appointed officer” means a person authorised or appointed as an appointed officer under section 89A(1);

“authorised pilot” means any person employed or authorised by the Authority to pilot vessels under section 62;

“Authority” means the Maritime and Port Authority of Singapore established under section 4;

“beacon” means a prominent specially‑constructed object forming a conspicuous mark as a fixed aid to navigation;

“berthing master” means any person authorised under section 62(2)(b) to act as a berthing master;

“buoy” includes a floating object of any size, shape and colour which is moored to the seabed and serves as an aid to navigation or for other specific purposes;

“Chairperson” means the Chairperson of the Authority and includes any acting Chairperson of the Authority;

“Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;

“container” means a receptacle 6.1 metres or more in length equipped with corner castings to facilitate handling by mechanical equipment;

“dangerous cargoes” means such cargoes, whether packaged, carried in bulk packagings or in bulk, as may be prescribed;

“Deputy Chairperson” means the Deputy Chairperson of the Authority and includes any acting Deputy Chairperson of the Authority;

“Director of Marine” means the Director of Marine appointed under section 4 of the Merchant Shipping Act 1995;

“dock” means an artificial excavation or construction in which vessels can be placed for loading, unloading, fitting out or repairing and includes gridirons, slips, keel blocks, inclined planes and all machinery, works, fixtures and anything attached or pertaining thereto;

“dues” includes port dues, goods dues and pilotage dues levied under this Act but does not include rates;

“equipment” includes any appliance, apparatus, machinery, system or accessory used or intended to be used for the purposes of providing marine or port services and facilities;

“goods” includes dangerous cargoes, animals, carcases, baggage, containers and any other movable property of any kind and whether in a refrigerated form or otherwise;

“harbour craft” means any vessel which is used in the port for any purpose;

“lighthouse” means a distinctive structure on or off a coast exhibiting a major light designed to serve as an aid to navigation;

“marine services and facilities” means the towage and pilotage of vessels and the supply of water to vessels;

“master” includes every person, except a pilot, having command or charge of any vessel;

“member” means a member of the Authority;

“National Maritime Board” means the National Maritime Board established under the repealed National Maritime Board Act (Cap. 198, 1985 Revised Edition) in force immediately before 2 February 1996;

“owner”, in relation to any vessel, includes any part‑owner, charterer, operator, consignee or mortgagee in possession of the vessel or any duly authorised agent of any such person;

“passenger” has the meaning given by the Merchant Shipping Act 1995;

“pilot” means any person not belonging to a vessel who has the conduct of it;

“Pilotage Committee” means the Pilotage Committee appointed under section 66;

“pilotage district” means any area in the port declared under section 59 to be a pilotage district;

“port” means any place in Singapore and any navigable river or channel leading into a place declared to be a port under section 3;

“port dues” means dues levied in respect of a vessel for entering, using, leaving or plying in the port;

“Port Master” means the Port Master appointed under section 15 and includes any Deputy Port Master appointed under that section;

“Port of Singapore Authority” means the Port of Singapore Authority established under the Port of Singapore Authority Act (Cap. 236, 1985 Revised Edition) in force immediately before 1 October 1997;

“port services and facilities” means port terminal services and facilities for the handling, storage and transportation of goods on land adjoining the foreshore of Singapore and for the handling of passengers carried by vessels;

“premises” includes messuages, houses, buildings, structures, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;

“public licence” means a licence granted under section 81 and “public licensee” is construed accordingly;

“rates” means any rates or charges leviable by the Authority under this Act and includes any toll or rent but does not include dues;

“regulations” means regulations made under this Act;

“seaman” means any person normally engaged on ship’s articles on any vessel going beyond the limits of the port, but does not include —

(a)	masters, mates, engineers, radio officers, pursers, cadets, laundrymen and stevedores;
(b)	probationer deckhands, probationer engine‑room hands and probationer catering hands under any training scheme approved by the Authority; and
(c)	any other person employed on board the vessel who is engaged in duties which are not normally the duties of seamen;

“vehicle” has the meaning given by the Road Traffic Act 1961;

“vessel” includes any ship or boat or air‑cushioned vehicle or floating rig or platform used in any form of operations at sea;

“wharf” includes a quay, pier, jetty, ramp or other landing place.

[40/2017; 5/2018]

Declaration of ports by Minister

3.—(1) The Minister may, after consultation with the Authority and by notification in the Gazette, declare any place in Singapore and any navigable river or waters leading into such place to be a port for the purposes of this Act.

(2) Every declaration under subsection (1) must define the limits of the port.

PART 2

ESTABLISHMENT, INCORPORATION AND
CONSTITUTION OF AUTHORITY

Establishment and incorporation of Maritime and Port Authority of Singapore

4. A body called the Maritime and Port Authority of Singapore is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of —

(a)	suing and being sued;
(b)	acquiring, owning, holding and developing or disposing of property, both movable and immovable; and
(c)	doing and suffering any other acts or things that bodies corporate may lawfully do and suffer.

Common seal

5.—(1) All deeds and other documents requiring the seal of the Authority must be sealed with the common seal of the Authority and any instruments to which the common seal is affixed must be signed —

(a)	by any 2 officers generally or specially authorised by the Chief Executive for the purpose; or
(b)	by one officer and the Chief Executive.

(2) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Authority affixed to any document and presume that it was duly affixed.

Constitution of Authority

6.—(1) The Authority consists of —

(a)	a Chairperson; and
(b)	not fewer than 3 other members as the Minister may determine. [16/2016; 40/2017]

(2) The First Schedule has effect with respect to the Authority, its members and proceedings.

PART 3

FUNCTIONS, DUTIES AND POWERS OF AUTHORITY

Functions and duties of Authority

7.—(1) Subject to the provisions of this Act, it is 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 any other places that the Authority thinks 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 any terms that the Authority thinks 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 while 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;
(la)	to cooperate with the Transport Safety Investigation Bureau of Singapore in relation to investigations under the Transport Safety Investigations Act 2018; [Act 36 of 2018 wef 01/01/2024]
(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 any other functions that 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 must 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 those 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;
(f)	collaboration with educational institutions for the promotion of technical education in the fields of marine and port services and facilities;
(g)	the promotion of energy efficiency within the port services and facilities sector; and
(h)	environmental protection and the sustainable development of sea transport. [11/2012]

(3) Nothing in this section imposes 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 any other functions that the Minister may assign to the Authority and the Authority is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Authority in respect of those functions.

(5) Despite the provisions of this Act, the Authority may, until such time as the licences granted under Part 12 come into effect, continue to provide any marine or port services and facilities that the Port of Singapore Authority was providing immediately before 2 February 1996.

(6) Without affecting the provisions of Part 12, the Authority may provide any marine or port services and facilities in any of the following circumstances even though 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 must provide the Minister with information with respect to its property and activities in such manner and at such times as the Minister may require.

(8) Nothing in this Act permits the Authority to create an economic regulatory framework to regulate persons operating cruise terminals with respect to any matter pertaining to the efficient, reliable and economical operation of cruise terminals, including (but not limited to) the following:

(a)	berthing allocations at cruise terminals;
(b)	the price charged by such persons for any cruise port services and facilities;
(c)	the operational efficiency of, and the quality of the experience of users and visitors at, cruise terminals including through the timely and seamless delivery or provision of cruise port services and facilities. [Act 28 of 2022 wef 01/04/2023]

(9) In subsection (8), “cruise port services and facilities” and “cruise terminal” have the meanings given by section 2 of the Singapore Tourism Board Act 1963.

[Act 28 of 2022 wef 01/04/2023]

Powers of Authority

8.—(1) Subject to this Act, the Authority may carry on any activities that 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 does not limit 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 —

(a)	if the person is the Authority, to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018; or
(b)	if the person is a public licensee, any directions as the Minister thinks fit as to the exercise by that licensee of the licensee’s functions under this Act. [5/2018]

(2) In addition to the power mentioned in 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 to —

(i)	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)	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 an international organisation or a party to an international agreement; or
(iii)	enable the Government to become a member of an international organisation or a party to an international agreement,

the Minister 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.

[5/2018]

(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 for official purposes of, any marine or port services and facilities and all or any system and equipment relating to the marine or port services and facilities; and
(c)	the carrying out of any other purposes which the Minister thinks necessary.

(4) A person to whom this section applies must give effect to any direction given to that person under subsection (1) or (2) despite 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 must 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) must be paid out of the Consolidated Fund.

(8) This section applies 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 is conclusive evidence of the matters stated in the certificate.

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 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, in the custody or under the control of that person.

(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 the person has been required by any notice under subsection (1) to furnish; or
(b)	in furnishing any estimate, return or other information required of the person under any notice under subsection (1), makes any statement which the person knows to be false in any material particular,

shall be guilty of an offence.

11. [Repealed by Act 5 of 2018]

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 any number of committees that 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 those committees.

(2) The Authority may, subject to any conditions or restrictions that 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 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.

[5/2018]

(3) The Authority may, subject to any conditions or restrictions that 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 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.

[5/2018]

Symbol, design or representation of Authority

13.—(1) The Authority has the exclusive right to the use of any symbol, design or representation that it may select or devise and to display or exhibit the symbol, design or representation 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.

PART 4

PROVISIONS RELATING TO STAFF

Chief Executive

14.—(1) There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.

[5/2018]

(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)	is absent from duty or Singapore; or
(b)	is, for any reason, unable to perform the duties of the office. [5/2018]

Appointment of Port Master

15. The Authority must appoint a Port Master and may appoint such number of Deputy Port Masters as it thinks fit for the purposes of carrying out all or any of the functions and duties vested in the Authority by or under this Act or any other written law.

Execution of orders, etc., of Port Master

16. All acts, orders or directions authorised to be done or given by the Port Master may be done or given by any employee of the Authority subject to the control and authorisation of the Port Master.

Appointment of employees and agents

17. The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ on such terms and conditions as the Authority may determine any other employees and agents necessary for the effective performance of its functions.

[5/2018]

Protection from personal liability

18. No liability shall lie personally against any member, officer or employee of the Authority, any appointed officer or any other person acting under the direction of the Authority who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.

[40/2017]

19. [Repealed by Act 5 of 2018]

PART 5

FINANCIAL PROVISIONS

Power to borrow

20. The Authority may, with the approval of the Minister, raise capital from banks and other financial institutions whether in Singapore or elsewhere by way of mortgage, overdraft or otherwise, with or without security, as it may require for the discharge of its functions under this Act.

Issue of shares, etc.

20A. As a consequence of —

(a)	the vesting of any property, rights or liabilities of the Government in the Authority under this Act; or
(b)	any capital injection or other investment by the Government in the Authority in accordance with any written law,

the Authority must issue such shares or other securities to the Minister for Finance as that Minister may direct.

[5/2002]

Duty of Authority in financial matters

21. It is the duty of the Authority to exercise and perform its functions under this Act so as to secure that the total revenues of the Authority are sufficient, taking one financial year with another, to meet its total outgoings properly chargeable to revenue account, including depreciation and interest on capital and to meet a reasonable proportion of the cost of the development of the services of the Authority.

Application of revenue

22.—(1) The revenue of the Authority for any financial year must be applied in defraying the following charges:

(a)	the remuneration, fees and allowances of the members of the Authority;
(b)	the salaries, fees, remuneration, pensions, superannuation allowances and gratuities of the officers, agents, employees, advisers and former employees of the Authority;
(c)	working and establishment expenses and expenditure on, or provision for, the maintenance of any of the property of the Authority, and the discharge of the functions of the Authority properly chargeable to revenue account;
(d)	interest on any loan raised by the Authority;
(e)	sums required to be paid to the Government towards repayment of any loan made by the Government to the Authority;
(f)	sums required to be transferred to a sinking fund or otherwise set aside for the purpose of making provision for the repayment of borrowed money;
(g)	such sums as may be deemed appropriate to be set aside in respect of depreciation or renewal of the property of the Authority, having regard to the amounts set aside out of revenue under paragraphs (c) and (f);
(h)	the cost, or any portion of the cost, of any new works, plants, vessels, vehicles, machinery, equipment or appliances not being a renewal of the property of the Authority, which the Authority may determine to charge to revenue;
(i)	such sums by way of contribution, for the purposes associated with the objects of this Act as the Authority may determine, to the public or for charities; and
(j)	any other expenditure authorised by the Authority and properly chargeable to revenue account.

(2) The balance of the revenue of the Authority must be applied to the creation of a general reserve and any other reserves that the Authority may think fit.

Annual estimates

23. A summary of the annual estimates and supplementary estimates adopted by the Authority must be published in the Gazette.

Bank accounts and application of revenue

24. The Authority must open and maintain one or more accounts with such bank or banks as the Authority thinks fit and every such account must be operated as far as practicable by cheque signed by such person or persons authorised to do so by the Authority.

Power of investment

25. The Authority may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.

[45/2004]

Financial year

26. The financial year of the Authority begins on 1 January of each year and ends on 31 December of the same year.

[5/2018]

Rates, charges, dues, etc., payable to Authority

27.—(1) Subject to the provisions of this Act, the Authority may levy such rates, charges and fees as the Authority may, with the approval of the Minister and by notification in the Gazette, prescribe for the use of services and facilities provided by the Authority.

(1A) Where any fee is prescribed under subsection (1) for the use of a deposit site described in section 79(11A) —

(a)	the fee may take into account the cost of any of the matters specified in the Fourth Schedule, and may further be of an amount to encourage the deposit of objects and materials appropriately and responsibly, and in a sustainable manner;
(b)	different fees may be prescribed in relation to different objects or materials being deposited at different deposit sites;
(c)	the amount of the fee may be prescribed on a per unit volume basis; and
(d)	for the purposes of calculating the fee, the quantity or volume of objects or materials being deposited may be determined by the Authority in such manner as it thinks fit.

[Act 17 of 2025 wef 01/02/2026]

(2) The Authority may make such charges as it thinks fit for services or facilities provided or goods supplied by it pursuant to the power conferred by this Act or any other written law in respect of which no rates, charges or fees have been prescribed under subsection (1).

(3) The Authority may require any person to furnish any security that the Authority thinks fit for the payment of any rates, charges, dues and fees payable under this Act or for any other purpose of this Act.

(4) The Authority may determine the fees to be paid in respect of the issue or renewal of any licence or permit issued under this Act or the regulations.

(5) The Authority may, if it thinks fit, remit or waive the whole or any part of any rates, charges, dues and fees paid or payable under this Act.

(6) The owner, agent or master of every vessel which calls at the port of Singapore must pay to the Authority or any person authorised by the Authority such maritime welfare fee as the Authority may, with the approval of the Minister and by notification in the Gazette, prescribe.

(7) The owner, agent or master of every vessel which enters, leaves, uses or plies within the port or calls at Singapore must pay to the Authority such port dues and pilotage dues as the Authority may, with the approval of the Minister and by notification in the Gazette, prescribe.

(8) The Authority may, with the approval of the Minister and by notification in the Gazette, levy such goods dues as are prescribed on goods brought into or taken out of such private wharf or premises (by any means of transportation) as may be specified in the notification.

(9) Goods dues must be paid by —

(a)	the owner or occupier of the wharf or premises;
(b)	the owner of the vehicle or vessel used in the carriage of the goods into or out of the wharf or premises or otherwise; or
(c)	any other person authorised to act as agent for the owner of the vehicle or vessel in the carriage of such goods into or out of the wharf or premises or otherwise.

(10) The Authority may recover the goods dues from any of the persons mentioned in subsection (9).

(11) A due, charge, fee or rate exigible by virtue of this section may be recovered by the Authority in any court of competent jurisdiction as if it were a simple contract debt.

(12) Maritime welfare fees under this section are not payable in respect of —

(a)	any ship of war;
(b)	any vessel belonging to or for the time being in the service or employment of the Government unless the vessel is carrying or habitually carries goods or passengers for freight or fares; and
(c)	any vessel or class of vessels which has been exempted from the operation of this section by the Minister.

(13) The rates, charges, dues and fees applied by the Marine Department, the National Maritime Board or the Port of Singapore Authority immediately before 2 February 1996 continue to be valid as though determined by the Authority under this section until rescinded, varied or otherwise determined by the Authority.

Power of entry into vessels

28.—(1) Any duly authorised officer of the Authority may enter into any vessel within the limits of the port or the approaches to the port in order to ascertain the amount of the rates, charges, dues and fees payable in respect of the vessel or on or in respect of any goods carried on the vessel and to obtain any other information required for, or in connection with, the assessment and collection of the rates, charges, dues and fees.

(2) A master of a vessel who fails to comply with a reasonable request made by an authorised officer who has entered the vessel pursuant to subsection (1) for information or for the production of a document shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 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 master continues to fail to comply with the request.

Power to distrain for non-payment of dues, rates, etc.

29.—(1) If the master or owner of any vessel in respect of which any rates, charges, dues, fees, damages or penalties or other sums are payable under this Act or the regulations refuses or neglects to pay the same or any part thereof on demand, the Authority may, in addition to any other remedy which it may be entitled to use, distrain or arrest of its own authority the vessel and the bunkers, tackle, apparel or furniture belonging to the vessel or any part thereof, and detain the same until the amount due is paid.

(2) If any part of the rates, charges, dues, fees, damages or penalties or other sums, or of the costs of the distraint or arrest, or of the keeping of the vessel, bunkers, tackle, apparel or furniture belonging to the vessel remains unpaid for 14 days, the Authority may cause the vessel and the bunkers, tackle, apparel or furniture so distrained or arrested to be sold or disposed of in any manner that it thinks fit and may recover, as a debt in any court of competent jurisdiction from the master or owner of the vessel, the expenses of the distraint, arrest, sale or disposal or attempted sale or disposal of the vessel and the bunkers, tackle, apparel or furniture distrained or arrested.

(3) The proceeds of sale of the vessel and bunkers, tackle, apparel or furniture distrained or arrested may be used by the Authority to satisfy those rates, charges, dues, fees, damages or penalties or other sums and costs, including costs of sale remaining unpaid.

(4) The Authority must —

(a)	render the surplus (if any) from the proceeds of sale to the master or owner of the vessel on demand; and
(b)	in case no demand is made within one year from the date of the disposal of the vessel and bunkers, tackle, apparel or furniture, pay the surplus to the account of the Authority, upon which all rights to the same by the master or owner are extinguished.

(5) If the Authority gives to the Port Master a notice stating that an amount specified in the notice is due in respect of rates, charges, dues, fees, damages or penalties or other sums payable under this Act or the regulations against the vessel or the owner, agent or master of the vessel, the Port Master must not grant port clearance until the amount so chargeable has been paid or security has been given to the satisfaction of the Authority for that amount.

PART 6

TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES

Transfer to Authority of property, assets and liabilities

30.—(1) As from 2 February 1996, such property, rights and liabilities vested in the National Maritime Board, the Port of Singapore Authority and the Government relating to the Marine Department as may be determined by the Minister for Finance become, by virtue of this section and without further assurance, the property, rights and liabilities of the Authority.

(2) If any question arises as to whether any particular property, right or liability has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, right or liability was or was not so transferred or vested.

(3) Any immovable property to be transferred to and vested in the Authority under subsection (1) must be held by the Authority upon such tenure and subject to such terms and conditions as the President may determine.

31. [Omitted as spent]

32. [Omitted as spent]

33. [Omitted as spent]

34. [Omitted as spent]

35. [Omitted as spent]

36. [Omitted as spent]

Existing agreements and pending proceedings

37.—(1) All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before 2 February 1996 affecting the portion of the property, rights and liabilities transferred to the Authority under section 30(1) continue in full force and effect on and after that date and are enforceable by or against the Authority as if instead of the Government, the National Maritime Board or the Port of Singapore Authority (as the case may be) or any person acting on its behalf, the Authority had been named therein or had been a party thereto.

(2) Any proceedings or cause of action relating to the portion of the property, rights and liabilities transferred to the Authority under section 30(1) pending or existing immediately before 2 February 1996 by or against the Government, the National Maritime Board or the Port of Singapore Authority (as the case may be) or any person acting on its behalf, may be continued and are to be enforced by or against the Authority.

PART 7

EMPLOYMENT OF SEAMEN

Employment of seamen

38.—(1) No person other than an employer may engage a seaman.

(2) An employer must not engage a seaman and a seaman must not accept employment on board any vessel except in accordance with regulations made under section 40.

(3) An employer must not enter into arrangements with any seaman to transport the seaman outside Singapore for the purpose of engagement in contravention of regulations made under section 40.

(4) For the purpose of this Part, “employer” includes the shipowner, charterer or operator, the agent of the shipowner, charterer or operator and the master of the vessel.

Penalty for employment of seamen in contravention of section 38 or of regulations made under section 40

39.—(1) Any person or employer who —

(a)	contravenes section 38; or
(b)	selects or engages a seaman otherwise than in accordance with regulations made under section 40,

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.

(2) Any person or seaman who accepts employment or works in a vessel as a seaman otherwise than in accordance with regulations made under section 40 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.

Regulations relating to seamen

40. The Authority may, with the approval of the Minister, make regulations for the purposes of this Part and, in particular, may make regulations for the following purposes:

(a)	to prescribe the age and other qualifications of applicants for registration as seamen;
(b)	to prescribe the manner in which seamen may apply or be required to register;
(c)	to make provisions for the medical examination of applicants for registration as seamen;
(d)	to prescribe the procedures for dealing with the discipline of seamen;
(e)	to prescribe the fee to be paid upon the issue of registration cards, and the fee for replacement of such cards when lost, destroyed or otherwise rendered unserviceable;
(f)	to prescribe the conditions under which the Authority may cancel, suspend or alter the registration of seamen; and
(g)	to prescribe the fee to be paid on selection in respect of seamen selected in accordance with the provisions of this Part.