Sentosa Development Corporation (Management and Maintenance of Sentosa Cove) Regulations 2008

No. S 595

Sentosa Development Corporation Act

(Chapter 291)

In exercise of the powers conferred by section 24 of the Sentosa Development Corporation Act, the Minister for Trade and Industry, after consultation with the Sentosa Development Corporation, hereby makes the following Regulations:

PART I

PRELIMINARY

Citation and commencement

1. These Regulations may be cited as the Sentosa Development Corporation (Management and Maintenance of Sentosa Cove) Regulations 2008 and shall come into operation on 24th November 2008.

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“authorised person” means any person appointed as an authorised person under paragraph (2) and includes the Marina Superintendent;

“common resort area” means so much of the land and all parts of any building within Sentosa Cove not comprised in any unit, and includes —

(a)	any common area, open space, waterways or waters within Sentosa Cove, that is owned and managed by the Corporation, including all infrastructure and facilities in or on such common area, open space, waterways or waters within Sentosa Cove;
(b)	any facility within Sentosa Cove described as common resort area in any plan approved by the Corporation; and
(c)	all other areas within Sentosa Cove not comprised in any unit common property or limited common property and which is necessary or convenient to the existence and maintenance of, and for the reasonable common use and safety of, the common resort area, including but not limited to all boardwalks, revetment walls, coping stones, roads, fences, sewers, drains, pipes, waterways, walkways and parks therein;

“resident” means any owner, occupier or tenant of any unit in Sentosa Cove;

“Sentosa Cove” means the area in the Sentosa Development Corporation (Resort Area) Notification (N 1) designated to be the resort area for the purposes of Part V of the Act;

“unit” means any defined part of any land or any building or part thereof within Sentosa Cove, whether below, on or above the surface of the land, used or intended or adapted or designed for use as a separate tenement, and in respect of which an unexpired lease or licence granted by the Corporation subsists;

“vehicle” means any vehicle whether mechanically propelled or otherwise but does not include a perambulator or an invalid chair used solely by a person suffering from some physical disability;

“vehicle permit” means a vehicle permit issued under regulation 14(1).

(2) The Corporation may appoint any of the following persons as an authorised person for the purposes of these Regulations:

(a)	an officer or employee of the Corporation;
(b)	an auxiliary police officer within the meaning of the Police Force Act (Cap. 235);
(c)	a security guard employed by a security guard agency licensed under the Private Investigation and Security Agencies Act (Cap. 249).

Application

3. These Regulations shall apply to, and in relation to, Sentosa Cove unless it is otherwise expressly provided or it appears otherwise by necessary implication.

PART II

SECURITY OF SENTOSA COVE

Security checkpoint

4. The Corporation may set up security checkpoints and deploy authorised persons to conduct security checks on persons, vehicles and vessels entering or leaving Sentosa Cove.

Proof of identity

5.—(1) Every person shall, upon the request made by an authorised person, produce proof of his identity to the authorised person.

(2) Any person who fails to produce proof of his identity under paragraph (1) may, without prejudice to any proceedings which may be taken against him, be removed from Sentosa Cove by an authorised person.

Dangerous material and unattended article

6.—(1) Subject to paragraph (2), no person shall —

(a)	use or store any flammable chemical, liquid, gas or other flammable material in any part of the common resort area; or
(b)	leave unattended any article or parcel in any part of the common resort area.

(2) Paragraph (1)(a) shall not apply to chemicals, liquids, gases or other material used or intended to be used for domestic purposes, or any chemical, liquid, gas or other material in a fuel tank of a motor vehicle, a vessel or an internal combustion engine.

(3) Nothing in paragraph (1)(a) authorises any person to use or store in any part of the common resort area any flammable chemical, liquid, gas or other flammable material in a manner that would contravene any relevant written law applicable to the use or storage of such substances or materials.

(4) Any unattended article or parcel referred to in paragraph (1)(b) may be immediately removed, detained or disposed of by an authorised person.

PART III

USE AND ENJOYMENT OF SENTOSA COVE

Conduct of persons in Sentosa Cove

7. No person in Sentosa Cove shall conduct himself in a manner likely to interfere with the quiet enjoyment of the common resort area by any resident or any person lawfully using that area.

Behaviour of guests and invitees

8. Every resident shall take reasonable steps to ensure that his guests and invitees do not damage the common resort area or create noise likely to interfere with the quiet enjoyment of the common resort area by other residents and persons lawfully using that area.

Façade and external appearance of buildings

9.—(1) The Corporation may direct any person who hangs any item on any balcony, window or window ledge of a building within Sentosa Cove to remove the item if the Corporation is of the opinion that it adversely affects the façade and external appearance of the building or the overall image of Sentosa Cove.

(2) No person shall hang any washing, towel, bedding, clothing or other article in such manner or in such part of a building within Sentosa Cove as to be visible from outside the building.

(3) The owner of any building shall ensure that ––

(a)	the external façade of the building is neat and tidy in appearance;
(b)	the external façade of the building, including all exterior gates, railings and fences, is painted (or otherwise treated in such manner as the Corporation may require) to the satisfaction of the Corporation at intervals of not more than 5 years, or such longer intervals as the Corporation may determine for any particular building; and
(c)	the exterior gates, railings and fences are, when damaged, repaired without delay to the satisfaction of the Corporation.

Plants and trees

10.—(1) Every resident shall ensure that any plant, shrub or tree belonging to him does not obstruct, damage or encroach onto the premises of any other resident or the common resort area.

(2) No person shall plant, cultivate or grow, or cause or permit to be planted, cultivated or grown, any plant, shrub or tree in the common resort area except with the prior approval in writing of the Corporation.

Clean environment

11.—(1) Every person in Sentosa Cove shall deposit refuse, renovation debris and other forms of litter in designated and appropriate receptacles or places.

(2) Every person in Sentosa Cove shall take reasonable steps to prevent any oil spillage onto any part of the common resort area or into the waterways or waters of Sentosa.

(3) In the event of any oil spillage onto any part of the common resort area or into the waterways or waters of Sentosa, the person responsible for the oil spillage shall take immediate steps to remove or clean up the spillage to the satisfaction of the Corporation.

Proper use of common resort area

12.—(1) Without prejudice to the other requirements of these Regulations, no person shall, except with the authorisation of the Corporation, use the common resort area or any part thereof in a manner which obstructs the lawful use thereof by any other person.

(2) For the purposes of paragraph (1), the Corporation may, in its discretion, decide —

(a)	to authorise the use of the common resort area, subject to such terms and conditions as the Corporation may consider appropriate, including the payment of a fee; or
(b)	not to grant the authorisation.

(3) No person shall fly any object, whether propelled by mechanical means or otherwise, in the common resort area except within areas in Sentosa Cove which are designated for such activities.

(4) The Corporation may, from time to time, make any of the following determinations:

(a)	that commercial or business activities may be conducted in the common resort area only with the approval of the Corporation, and only during such times and on such terms and conditions as may be specified by the Corporation;
(b)	that facilities situated in the common resort area may be used only with the approval of the Corporation, and only during such times and on such terms and conditions as may be specified by the Corporation.

Bathing, washing, causing fire, etc., in common resort area

13. Every resident shall not, and shall take reasonable steps to ensure that any guest, invitee or employee of his does not —

(a)	draw, divert or take any water from any tap or pipe situated in the common resort area for the washing of vehicles, the watering of plants or for any other purpose;
(b)	tamper with, remove or damage any fire alarm or any fire safety or life saving equipment in the common resort area; or
(c)	cause any fire or burn anything (including any waste, paper, dried leaves or other substance or material) in the common resort area.

PART IV

VEHICULAR TRAFFIC AND CARPARK

Vehicle permit for entry

14.—(1) No person shall drive or ride a vehicle into or within Sentosa Cove unless —

(a)	he has a vehicle permit issued by the Corporation for entry into Sentosa Cove, in addition to a permit for entering Sentosa if required by the Corporation pursuant to section 10A of the Act; or
(b)	he is otherwise exempted by the Corporation.

(2) If the Corporation issues a vehicle permit, the Corporation may impose such conditions as it thinks fit.

Use of vehicle permit, etc.

15. No person who is the holder of a vehicle permit shall travel within or leave Sentosa Cove using the vehicle otherwise than in accordance with the conditions of the vehicle permit.

Production of vehicle permit

16. Every vehicle permit —

(a)	shall remain the property of the Corporation; and
(b)	shall be produced by the holder of the vehicle permit at any time if demanded by an authorised person or a police officer.

Unauthorised use of vehicle permit

17. No person shall use or attempt to use a vehicle permit that has expired, or has been cancelled, altered, damaged or tampered with, for the purpose of entering or travelling within Sentosa Cove.

Display of vehicle permit

18. The holder of a vehicle permit shall display the vehicle permit —

(a)	in the case of a motor cycle, in the licence holder mounted on its right handle bar facing forward so as to be clearly visible from the front at all times; and
(b)	in the case of any other vehicle, on the windscreen facing forward so as to be clearly visible at all times or on such other part of the vehicle as the Corporation may designate.

Speed limit

19. Every driver of a vehicle shall observe all traffic signs and stipulated speed limits in Sentosa Cove, and exercise care and caution for the safety of other road users.

Detention and removal of vehicles

20.—(1) The Corporation may detain or remove any vehicle which is parked in a place within Sentosa Cove other than a parking place designated by the Corporation.

(2) Where any vehicle is detained or removed under this regulation —

(a)	the Corporation shall give notice in writing of the detention or removal (as the case may be) to the owner of the vehicle or the person who had lawful possession of the vehicle when it was detained or removed; and
(b)	the owner or the person referred to in sub-paragraph (a) may, on payment of the expenses incurred by the Corporation in respect of such detention and removal, claim possession of the vehicle.

(3) No person shall, without the authority of the Corporation, remove or attempt to remove —

(a)	any vehicle from any place at which it is being detained under this regulation; or
(b)	any detention device used to detain a vehicle under this regulation.

(4) The Corporation may detain any vehicle under this regulation until all expenses incurred by the Corporation in respect of the detention or removal have been paid.

PART V

MAINTENANCE FUND

Payment of contributions

21.—(1) For the purposes of section 18F of the Act and subject to paragraph (3), the Corporation may levy for every month a contribution in respect of the immovable properties in Sentosa Cove at the relevant rate prescribed in paragraph (2), which shall, upon the Corporation serving notice in writing on each respective owner of those immovable properties, be increased with effect from 1st January in each year starting after the service of that notice by 20% of the rate of contribution levied in the preceding year.

(2) The rates of contribution referred to in paragraph (1), which are inclusive of the goods and services tax chargeable under the Goods and Services Tax Act (Cap.117A), shall be as follows:

(a)	for residential properties (including bungalows, terraces and units in condominiums) — not exceeding $0.49 per plot ratio per square metre of the site area;
(b)	for hotels and yacht clubs — not exceeding $0.49 per plot ratio per square metre of the site area; and
(c)	for commercial properties, other than hotels and yacht clubs — not exceeding $0.72 per plot ratio per square metre of the site area.

(3) In the case of immovable properties comprised in a strata title plan, the contributions payable by the subsidiary proprietors shall be in shares proportional to the share value of their respective lots in the strata title plan, as accepted by the Commissioner of Buildings under the Building Maintenance and Strata Management Act (Cap. 30C).

(4) The contributions referred to in paragraph (1) shall be payable by the owners of the immovable properties quarterly in advance, and without demand, to the Corporation or to such party as the Corporation may direct, on or before the following dates in each year:

(a)	1st January, for contributions payable for the months of January to March in the year;
(b)	1st April, for contributions payable for the months of April to June in the year;
(c)	1st July, for contributions payable for the months of July to September in the year; and
(d)	1st October, for contributions payable for the months of October to December in the year.

(5) Where any amount of contribution referred to in paragraph (1) remains unpaid at the end of 30 days after the date the amount becomes due and payable under paragraph (4), interest on the amount in arrears at the rate of —

(a)	9% per annum; or
(b)	3% above the prime lending rate of The Development Bank of Singapore Limited,

whichever is the higher, shall be payable until all of that amount is paid.

(6) The interest referred to in paragraph (5) shall be levied on the unpaid contributions from the day immediately following the expiry of the period of 30 days referred to in that paragraph up to and including the day the amount of contributions in arrears are paid in full.

(7) The Corporation may, in its discretion, waive or refund wholly or in part any contribution or interest payable under this regulation.

Made this 19th day of November 2008.

PETER ONG

Permanent Secretary,
Ministry of Trade and Industry,
Singapore.

[MTI 120/04-1-001; AG/LEG/SL/291/2002/2 Vol. 1]