Singapore Tourism Board (Cruise Terminals) Regulations 2023

Source: Singapore Statutes Online | Archived by Legal Wires


No. S 176
Singapore Tourism Board Act 1963
Singapore Tourism Board
(Cruise Terminals) Regulations 2023
In exercise of the powers conferred by section 45 of the Singapore Tourism Board Act 1963, the Singapore Tourism Board, with the approval of the Minister for Trade and Industry, makes the following Regulations:
PART 1
PRELIMINARY
Citation and commencement
1.  These Regulations are the Singapore Tourism Board (Cruise Terminals) Regulations 2023 and come into operation on 1 April 2023.
PART 2
CRUISE TERMINAL LICENCES
Fees for cruise terminal licences
2.—(1)  The fee for a cruise terminal licence is the sum total of the amounts for each specified period of the validity period of the cruise terminal licence (the first such period beginning on the first day of the validity period), calculated in accordance with paragraphs (2) and (3).
(2)  For the purpose of paragraph (1), if a specified period is or is a part of a single financial year of the cruise terminal licensee, the amount for the specified period is calculated in accordance with the following formula:
A × 0.4%,
where A is the gross turnover of the cruise terminal licensee for the financial year or the part of the financial year corresponding to the specified period.
(3)  For the purpose of paragraph (1), if a specified period spans 2 financial years of the cruise terminal licensee, the amount for the specified period is the sum total of the amounts calculated in accordance with the formula in paragraph (2) for each part of the specified period that falls in each of the 2 financial years, and for this purpose, A is the gross turnover of the cruise terminal licensee for the part of the financial year corresponding to that part of the specified period.
(4)  For the purposes of paragraphs (2) and (3), the gross turnover or part of the gross turnover of the cruise terminal licensee for any financial year or part thereof is determined according to the audited financial statement of the cruise terminal licensee for that financial year.
(5)  The amount of the licence fee for each specified period is payable to the Board within 30 days after the Controller notifies the cruise terminal licensee of the amount.
(6)  [Deleted by S 94/2025 wef 05/02/2025]
(7)  The Controller may, as the Controller thinks fit, waive or remit, in full or in part, any amount mentioned in paragraph (1).
[S 94/2025 wef 05/02/2025]
(8)  In this regulation —
(a)“specified period” means —
(i)subject to sub‑paragraph (ii) — a period of 12 months; and
(ii)if the cruise terminal licence in question expires in any 12‑month period — the part of the 12‑month period before the date on which the cruise terminal licence expires; and
(b)a cruise terminal licence expires when any of the following occurs:
(i)its period of validity ends;
(ii)it is revoked under section 29G of the Act;
(iii)it is cancelled under section 29H of the Act.
Interest on outstanding fee
2A.—(1)  If any cruise terminal licensee fails to pay any or any part of the fee mentioned in regulation 2(1) in accordance with regulation 2(5), interest at the rate of 4.5 percentage points above the 3-month compounded SORA is payable on the amount outstanding for the period —
(a)starting on the date the payment or part of it is in arrears; and
(b)ending on the date the payment is fully made.
(2)  The Controller may, as the Controller thinks fit, waive or remit, in full or in part, any interest mentioned in paragraph (1).
(3)  In this regulation —
“3-month compounded SORA”, in relation to a period, means —
(a)if the period or a part of the period falls within the 6-month period beginning on 1 April of a calendar year, then, for the period or the part (as the case may be) — the compounded average of the SORA values for a 3-month period computed by the Monetary Authority of Singapore using the prescribed methodology, and published —
(i)on its Internet website at https://www.mas.gov.sg; or
(ii)where the website is unavailable to the public, in any other form that is readily accessible by the public,
on either of the following days:
(iii)if 1 March of that calendar year is a business day — that day;
(iv)if 1 March of that calendar year is not a business day — the last business day in February of that calendar year; or
(b)if the period or a part of the period falls within the 6-month period beginning on 1 October of a calendar year, then, for the period or the part (as the case may be) — the compounded average of the SORA values for a 3-month period computed by the Monetary Authority of Singapore using the prescribed methodology, and published —
(i)on its Internet website at https://www.mas.gov.sg; or
(ii)where the website is unavailable to the public, in any other form that is readily accessible by the public,
on either of the following days:
(iii)if 1 September of that calendar year is a business day — that day;
(iv)if 1 September of that calendar year is not a business day — the last business day in August of that calendar year;
“bank holiday” means a day declared by the Monetary Authority of Singapore to be a bank holiday under section 60(1) of the Banking Act 1970;
“business day” means any day other than a Saturday, Sunday, public holiday or bank holiday;
“prescribed methodology” means the methodology set out in the document called “Compounded Singapore Overnight Rate Average Index (“SORA Index”), Compounded SORA and MAS Floating Rate Notes (“MAS FRN”): A User Guide” dated 16 March 2021;
“Singapore Overnight Rate Average” or “SORA” means the volume-weighted average rate of borrowing transactions in the unsecured overnight interbank Singapore dollar cash market in Singapore between 8 a.m. and 6.15 p.m., as published by the Monetary Authority of Singapore —
(a)on its Internet website at https://www.mas.gov.sg; or
(b)where the website is unavailable to the public, in any other form that is readily accessible by the public.
[S 94/2025 wef 05/02/2025]
PART 3
PRICING FRAMEWORK
Approval for changes in or new charges
3.—(1)  Where the provision at any cruise terminal of any service or facility within the meaning of “cruise port services and facilities” in section 2 of the Act is subject to price regulation, a cruise terminal licensee must not impose any charge for such service or facility that is above the permitted amount unless the Controller has approved the amount of the charge.
(2)  For the purpose of paragraph (1) —
(a)the provision of any service or facility mentioned in that paragraph is subject to price regulation if the service or facility must be obtained by a cruise line in order for the cruise line to berth its cruise ships at the cruise terminal so as to carry on its business of operating cruise ships; and
(b)the permitted amount for such service or facility is —
(i)the price specified in the prevailing pricing framework for such service or facility; or
(ii)if the prevailing pricing framework does not govern such service or facility, $0.
(3)  The Controller may approve an amount of a charge under paragraph (1) subject to any conditions as the Controller thinks fit.
(4)  To avoid doubt, an approval of the Controller of an amount of a charge for any service or facility mentioned in paragraph (1), is an approval of any amount above the permitted amount for the service or facility up to and including the amount so approved.
(5)  In this regulation, “prevailing pricing framework” means the prevailing pricing framework set by the Controller under section 29O of the Act.
Made on 30 March 2023.
CHALY MAH CHEE KHEONG
Chairperson,
Singapore Tourism Board.
[MTI 119-01-0003; AG/LEGIS/SL/305B/2020/3 Vol. 1]
(To be presented to Parliament under section 45(5) of the Singapore Tourism Board Act 1963).

Archived for legal research. Authoritative version at sso.agc.gov.sg.