Sentosa Development Corporation Act 1972

Sentosa Development
Corporation Act 1972

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 the Sentosa Development Corporation and for purposes connected therewith.

[1 September 1972]

PART 1

PRELIMINARY

Short title

1.  This Act is the Sentosa Development Corporation Act 1972.

Interpretation

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

“Chairperson” means the Chairperson of the Corporation;

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

“Corporation” means the Sentosa Development Corporation established under this Act;

“Deputy Chairperson” means the Deputy Chairperson of the Corporation;

“float” means any floating structure normally used as a point of transfer for passengers and goods and for mooring purposes;

“land” includes land covered by water and any interest in land;

“Marina Superintendent” means the Marina Superintendent appointed under section 26 and includes any Deputy or Assistant Marina Superintendent appointed under that section;

“marine facilities” means facilities either owned by the Corporation or any lessee of any land in Sentosa that are intended primarily to be used by or for the service of vessels (including floats, ramps, hoists, parking areas, leased water areas, concessions and service facilities) located on land in Sentosa or in the waters and waterways of Sentosa;

“master”, in relation to a vessel, means any person having or taking command, charge or management of the vessel for the time being;

“member” means a member of the Corporation;

“mooring” includes anchoring;

“owner”  —

(a) in relation to any area of the waters of Sentosa, means the person who has leased the area from the Corporation; and

(b) in relation to a vessel, includes the charterer of the vessel;

“Sentosa” means all that part of the island known as Sentosa which was transferred to and vested in the Corporation on 1 September 1972 by virtue of section 41, the bridge known as Gateway Avenue linking Sentosa and the main island of Singapore and any land reclaimed from the foreshore of Sentosa which is transferred to or leased by the State to the Corporation;

“vessel” means every description of vessel however propelled or moved and includes any thing constructed or used to carry persons or goods by water and a seaplane on or in the water, a hovercraft and a hydrofoil vessel;

“waters of Sentosa” means all the inland waters of Sentosa that are —

(a) vested in or leased to the Corporation; or

(b) managed or controlled by the Corporation, whether or not the lands lying under the inland waters are vested in or leased to the Corporation or leased by the Corporation to others;

“waterways” means any area of the waters of Sentosa providing access from one place to another, principally a water area providing a regular route for waterborne traffic.

[Act 31 of 2022 wef 01/11/2022]

(2)  To avoid doubt, it is declared that, for the purposes of the definition of “Sentosa” in subsection (1), “land reclaimed from the foreshore of Sentosa” includes land that —

(a) is formerly an island separate from the island of Sentosa; and

(b) becomes contiguous with the island of Sentosa because of land reclamation.

[Act 31 of 2022 wef 01/11/2022]

PART 2

SENTOSA DEVELOPMENT CORPORATION

Establishment of Sentosa Development Corporation

3.—(1)  For the purposes of this Act, a corporation called the Sentosa Development Corporation is established.

(2)  The Corporation consists of a Chairperson, a Deputy Chairperson and any number of other members that the Minister may determine.

(3)  The total number of members must not be less than 8 nor more than 15.

(4)  The Corporation is a body corporate with perpetual succession and a common seal, and is capable of —

(a) acquiring, holding and disposing of movable and immovable property;

(b) suing and being sued; and

(c) doing and suffering all such acts and things as bodies corporate may lawfully do and suffer.

(5)  The members of the Corporation are to be appointed by the Minister, who must also appoint the Chairperson and the Deputy Chairperson from among its members.

(6)  The fixing of the seal of the Corporation must be authenticated by the signature of the Chairperson or the Deputy Chairperson or of another person authorised either generally or specially by the Corporation to act for that purpose.

Members of Corporation

4.—(1)  A member must hold and vacate his or her office in accordance with the terms of his or her appointment.

(2)  Any member may, at any time by written notice to the Minister, resign his or her office.

(3)  If the Minister is satisfied that a member —

(a) has become a bankrupt or has made an arrangement with his or her creditors;

(b) is incapacitated by physical or mental illness; or

(c) is in the opinion of the Minister otherwise unable or unfit to discharge his or her duties,

the Minister may declare his or her office as a member to be vacant and must notify the fact in the manner that the Minister thinks fit, and thereupon the office becomes vacant.

(4)  If the Chairperson or the Deputy Chairperson ceases to be a member of the Corporation, he or she ceases to be the Chairperson or the Deputy Chairperson, as the case may be.

(5)  A member who ceases to be a member is eligible for re‑appointment.

(6)  The Corporation must pay to its members such salaries, fees or allowances as the Minister may determine.

Meetings and proceedings of Corporation

5.—(1)  At all meetings of the Corporation, 5 members form a quorum.

(2)  The Chairperson presides at all meetings of the Corporation at which he or she is present.

(3)  The Deputy Chairperson presides at all meetings of the Corporation at which the Chairperson is not present and in the absence of both the Chairperson and the Deputy Chairperson at any meeting, the members present must appoint one of their number to preside at that meeting.

(4)  Meetings of the Corporation must be held at such times and places as the Corporation may determine.

(5)  A special meeting of the Corporation may at any time be convened by the Chairperson or the Deputy Chairperson.

(6)  All questions arising at any meeting must be decided by a majority of the votes of the members present and voting.

(7)  At any meeting of the Corporation, the Chairperson has a deliberative vote and, in the case of an equality of votes, also has a casting vote.

(8)  The validity of any proceedings of the Corporation is not affected by any vacancy among its members or by any defect in the appointment of any member.

(9)  Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Corporation may regulate its own proceedings.

[5/2018]

Protection from personal liability

6.—(1)  No matter or thing done and no contract of any kind entered into by the Corporation and no matter or thing done by any member or employee of the Corporation or any other person acting under the direction of the Corporation shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing the provisions of this Act, subject the member or employee or any other person acting under the direction of the Corporation personally to any action, liability, claim or demand in respect thereof.

(2)  Any expense incurred by the Corporation or any member, employee or other person acting under the direction of the Corporation must be borne by and repaid out of the funds of the Corporation.

[6A

[Act 31 of 2022 wef 01/11/2022]

Staff and employees

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

[5/2018]

Chief Executive

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

[5/2018]

(2)  The Corporation 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]