Statute Details
- Title: Parks and Trees (Marine Parks) (Exemption) Order 2024
- Act / Authorising Legislation: Parks and Trees Act 2005
- Act Code: PTA2005-S826-2024
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Power: Section 58 of the Parks and Trees Act 2005
- Enacting Formula: Minister for National Development makes the Order in exercise of powers under section 58
- Citation: “Parks and Trees (Marine Parks) (Exemption) Order 2024”
- Commencement: 28 October 2024
- Key Provision: Section 2 (Exemption for mooring of boats), referring to Regulation 13(1)(a) of the Parks and Trees Regulations
- SL Number: SL 826/2024
- Made Date: 25 October 2024
- Status (as provided): Current version as at 27 March 2026
What Is This Legislation About?
The Parks and Trees (Marine Parks) (Exemption) Order 2024 is a targeted regulatory instrument that creates a limited exemption from a specific restriction in the Parks and Trees Regulations. In essence, it addresses how boats may be moored in marine parks during defined hours.
Marine parks are protected areas managed under the Parks and Trees framework. The Parks and Trees Regulations contain rules designed to protect the environment and manage activities within marine parks. One such rule—Regulation 13(1)(a)—generally restricts certain conduct relating to boats and mooring. This Order temporarily carves out an exception for boats that are moored at designated public moorings within marine parks.
For practitioners, the key point is that this is not a broad reform of marine park governance. It is a narrow exemption order: it does not redefine marine parks, does not create new offences, and does not establish a new licensing regime. Instead, it modifies the application of an existing regulation by disapplying it for a particular category of mooring activity and within a specified time window.
What Are the Key Provisions?
Section 1: Citation and commencement. Section 1 provides the formal name of the instrument and states when it comes into operation. The Order is cited as the “Parks and Trees (Marine Parks) (Exemption) Order 2024” and comes into operation on 28 October 2024. This matters for compliance and enforcement: any conduct occurring before commencement would generally not benefit from the exemption, unless another legal basis applies.
Section 2: Exemption for mooring of boats. Section 2 is the operative provision. It states that Regulation 13(1)(a) of the Parks and Trees Regulations does not apply in relation to any boat that is moored at a public mooring in a marine park on any day starting 7 a.m. and ending 7 p.m.
In practical terms, the exemption is conditional on three elements:
- Boat status: the exemption applies to “any boat” (i.e., it is not limited to a particular vessel type in the text provided).
- Mooring location: the boat must be moored at a public mooring within a marine park. This implies that private moorings or mooring outside marine parks would not fall within the exemption.
- Time window: the mooring must occur on any day between 7 a.m. and 7 p.m. The wording “on any day starting 7 a.m. and ending 7 p.m.” indicates that the exemption is time-bounded and likely does not cover mooring outside those hours.
Legal effect of “does not apply”. The phrase “does not apply” is significant. It means the disapplied regulation is treated as inoperative for the specified circumstances. For enforcement, this typically reduces the risk of liability for conduct that would otherwise breach Regulation 13(1)(a), provided the factual conditions are met. For compliance officers and counsel, it also means the exemption should be analysed as a defence or carve-out that turns on evidence: whether the mooring was at a public mooring, whether the location was within a marine park, and whether the mooring occurred within the stated hours.
Interaction with Regulation 13(1)(a). The extract does not reproduce Regulation 13(1)(a), so practitioners should consult the Parks and Trees Regulations (Rg 1) to understand the baseline prohibition or requirement. However, the structure of the exemption suggests that Regulation 13(1)(a) would otherwise regulate mooring conduct in marine parks. The Order does not repeal Regulation 13(1)(a); it merely suspends its application for the defined category of mooring activity.
How Is This Legislation Structured?
This Order is extremely concise and consists of a short enacting formula followed by two substantive provisions:
- Section 1 (Citation and commencement): identifies the instrument and its effective date.
- Section 2 (Exemption for mooring of boats): provides the limited exemption by disapplying Regulation 13(1)(a) for mooring at public moorings in marine parks during specified hours.
There are no additional parts, schedules, definitions, or procedural requirements in the extract. The absence of procedural elements (such as notification, application, or permits) suggests that the exemption operates automatically when the statutory conditions are satisfied.
Who Does This Legislation Apply To?
The exemption is framed in terms of “any boat” moored at a public mooring in a marine park. Accordingly, the practical beneficiaries include boat owners, operators, charterers, and persons in charge of vessels who moor at public moorings within marine parks during the permitted hours.
However, the legal obligations in the Parks and Trees Regulations typically bind persons responsible for compliance. Even though the Order is expressed as an exemption from the application of Regulation 13(1)(a), counsel should consider who would be the likely subject of enforcement under the underlying regulations (for example, the person in charge of the boat or the operator). The exemption should be applied to the relevant conduct and the relevant person, but the factual focus remains the same: mooring at a public mooring within a marine park between 7 a.m. and 7 p.m.
Why Is This Legislation Important?
This Order is important because it provides a clear, time-bound compliance pathway for mooring activities in marine parks. Without the exemption, Regulation 13(1)(a) would likely restrict mooring in a way that could affect routine operational needs—such as day-time docking, passenger access, or scheduled marine activities that require vessels to remain secured at a mooring point.
From a risk-management perspective, the Order reduces uncertainty for stakeholders who use public moorings. It creates a defined window—7 a.m. to 7 p.m.—during which mooring at public moorings is not subject to the particular restriction in Regulation 13(1)(a). This can be critical for operators planning itineraries, staffing, and safety procedures, and for legal teams advising on compliance.
For enforcement and litigation, the Order also clarifies the evidential issues that matter. If a vessel is challenged for mooring-related conduct in a marine park, the operator may rely on the exemption by demonstrating that the mooring was at a public mooring, that it was within a marine park, and that the mooring occurred within the 7 a.m. to 7 p.m. period. Conversely, if mooring occurs outside those hours, or at a non-public mooring, the exemption would not apply and the underlying regulation would likely govern.
Finally, the Order illustrates how Singapore’s environmental and land-use regulatory framework can be adjusted through subsidiary legislation to balance conservation objectives with practical maritime needs. Even though the instrument is narrow, it reflects a governance approach that uses targeted exemptions rather than broad deregulation.
Related Legislation
- Parks and Trees Act 2005 (authorising power: section 58)
- Parks and Trees Regulations (Rg 1), in particular Regulation 13(1)(a)
- Timeline / Legislation amendments (as referenced in the provided extract)
Source Documents
This article provides an overview of the Parks and Trees (Marine Parks) (Exemption) Order 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.