Statute Details
- Title: Maritime and Port Authority of Singapore (Prohibited Anchorage Area — Suspension) Regulations 2019
- Act Code: MPASA1996-S302-2019
- Legislation Type: Subsidiary legislation (SL)
- Authorising Act: Maritime and Port Authority of Singapore Act (Cap. 170A), section 41
- Approval Requirement: Made with the approval of the Minister for Transport
- Commencement: 8 April 2019 at 12.01 a.m.
- Primary Purpose: Suspend specified provisions relating to prohibited anchorage areas pending maritime boundary delimitation agreement between Singapore and Malaysia
- Key Provisions (as per extract): Regulations 1–3
- Regulatory Instrument Status: Current version as at 27 Mar 2026 (per provided extract)
- Singapore Legal Instrument Number: SL 302/2019
What Is This Legislation About?
The Maritime and Port Authority of Singapore (Prohibited Anchorage Area — Suspension) Regulations 2019 (“Prohibited Anchorage Suspension Regulations 2019”) is a short, targeted set of subsidiary regulations. In essence, it temporarily suspends a prohibition on anchoring in certain sea areas that would otherwise be treated as “prohibited anchorage areas” under Singapore’s port regulations.
The legal trigger for the suspension is not a change in port safety policy in the ordinary sense, but a geopolitical and legal uncertainty: the maritime boundary delimitation between Singapore and Malaysia in the vicinity of Johore Bahru port limits off Tanjung Piai and Singapore port limits off Tuas. The Regulations are designed to avoid operational and legal complications that could arise when the precise maritime boundary has not yet been agreed upon by both governments.
Accordingly, the Regulations do not create a new anchorage regime from scratch. Instead, they suspend a specific element of an earlier regulatory framework (the “Third Schedule” to the Maritime and Port Authority of Singapore (Port) Regulations (Rg 7), as amended by the Maritime and Port Authority of Singapore (Port) (Amendment No. 2) Regulations 2018). The suspension is expressly “pending an agreement” under the 1995 Agreement framework.
What Are the Key Provisions?
Regulation 1 (Citation and commencement) provides the formal identity of the instrument and states when it takes effect. The Regulations are cited as the “Maritime and Port Authority of Singapore (Prohibited Anchorage Area — Suspension) Regulations 2019” and come into operation on 8 April 2019 at 12.01 a.m. For practitioners, this is important because it determines the temporal scope of the suspension: any anchoring activity in the specified coordinates after commencement would be assessed in light of the suspension, not the underlying prohibition that would otherwise apply.
Regulation 2 (Suspension of regulation 3(b) of the 2018 Amendment Regulations) is the operative provision. It suspends certain geographical positions listed in paragraph 1.2 of the Third Schedule to the Maritime and Port Authority of Singapore (Port) Regulations (Rg 7). The suspension is not open-ended in purpose, but it is framed as “pending an agreement” between Singapore and Malaysia on maritime boundary delimitation in the relevant area.
Practically, Regulation 2 identifies three specific WGS84 coordinate points that are suspended. The coordinates are:
- 01°13.284'N, 103°34.452'E
- 01°13.814'N, 103°34.607'E
- 01°15.146'N, 103°34.849'E
From a legal drafting perspective, this coordinate-based approach is typical in maritime regulatory instruments. It reduces ambiguity by tying the suspension to precise geographic reference points. For counsel advising shipping operators, port users, or maritime compliance teams, the key compliance question becomes: whether the vessel’s intended anchorage location falls within the relevant prohibited anchorage area as defined by the Third Schedule—except that the specified positions are suspended.
Regulation 3 (Definition) defines “1995 Agreement” for the purposes of Regulation 2. The definition refers to the Agreement between Malaysia and Singapore to delimit precisely the territorial waters boundary, done at Singapore on 7 August 1995, in accordance with the Straits Settlements and Johore Territorial Waters Agreement 1927. This definition matters because Regulation 2’s suspension is linked to the status of delimitation work under that broader treaty framework. In other words, the Regulations embed the suspension within an international-law context rather than treating it as a purely domestic administrative adjustment.
How Is This Legislation Structured?
The Regulations are structured as a brief instrument with three regulations:
(1) Regulation 1 sets out the citation and commencement.
(2) Regulation 2 contains the substantive effect: it suspends specified geographical positions in the Third Schedule to the Maritime and Port Authority of Singapore (Port) Regulations (Rg 7), and it does so pending an agreement between Singapore and Malaysia on maritime boundary delimitation in the relevant area surrounding Johore Bahru port limits off Tanjung Piai and Singapore port limits off Tuas.
(3) Regulation 3 provides a definition of the “1995 Agreement” to clarify the treaty reference used in Regulation 2.
Notably, the Regulations do not include enforcement provisions, penalties, or procedural mechanisms within the extract provided. Those matters would ordinarily be addressed in the underlying port regulatory framework (the Maritime and Port Authority of Singapore (Port) Regulations (Rg 7)) and the parent Act (Cap. 170A), rather than in this suspension instrument.
Who Does This Legislation Apply To?
This subsidiary legislation applies primarily to maritime users and operators who must comply with Singapore’s port and anchorage rules—most directly, shipowners, charterers, vessel operators, masters, and maritime agents involved in planning anchorage and navigation in Singapore waters and adjacent areas.
Because the Regulations suspend elements of a “prohibited anchorage area” schedule, the practical compliance impact is felt by those who would otherwise be prohibited from anchoring in the specified coordinates. In addition, the Regulations are relevant to port authorities, harbour masters, and compliance personnel who must interpret and apply the anchorage regime in light of the suspension. The Regulations also have a legal significance for government stakeholders involved in maritime boundary negotiations, because the suspension is explicitly tied to the status of an international delimitation agreement.
Why Is This Legislation Important?
Although the Regulations are short, they are operationally significant. Prohibited anchorage rules are central to port safety, traffic management, environmental protection, and navigational risk control. Suspending part of such a regime can affect route planning, anchoring decisions, and contingency planning for vessels awaiting berth availability.
From a legal standpoint, the Regulations illustrate how Singapore manages the intersection between domestic regulatory compliance and international maritime boundary uncertainty. Where the maritime boundary has not been agreed upon, strict application of a prohibited anchorage designation could create disputes over jurisdiction, enforcement legitimacy, or the legal characterization of maritime space. By suspending specific coordinates pending agreement, Singapore reduces the risk of regulatory friction and supports a more stable operational environment for shipping.
For practitioners, the key takeaway is that the compliance landscape is not static. Even where a prohibition exists in the underlying port regulations, a later suspension instrument can temporarily modify the practical effect. Counsel advising on compliance should therefore check not only the base “prohibited anchorage area” schedule but also any suspension, amendment, or transitional regulations that may alter the operative coordinates.
Related Legislation
- Maritime and Port Authority of Singapore Act (Cap. 170A) — in particular, section 41 (power to make regulations)
- Maritime and Port Authority of Singapore (Port) Regulations (Rg 7) — including the Third Schedule and paragraph 1.2
- Maritime and Port Authority of Singapore (Port) (Amendment No. 2) Regulations 2018 (G.N. No. S 860/2018) — specifically regulation 3(b) (the provision suspended by Regulation 2)
- 1995 Agreement (Singapore–Malaysia) — Agreement to delimit precisely the territorial waters boundary (done 7 August 1995)
Source Documents
This article provides an overview of the Maritime and Port Authority of Singapore (Prohibited Anchorage Area — Suspension) Regulations 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.