Statute Details
- Title: Preservation of Monuments (Exemption) Order
- Act Code: PMA2009-OR3
- Legislation Type: Subsidiary legislation (Order)
- Authorising Act: Preservation of Monuments Act (Chapter 239), Section 17
- Commencement: 1 October 1993
- Current Version Status: Current version as at 27 March 2026 (per legislative database status)
- Legislative Instrument / Citation: G.N. No. S 402/1993
- Revised Edition: 1994 RevEd (30 March 1994)
- Key Provisions: Section 1 (Citation); Section 2 (Exemption)
What Is This Legislation About?
The Preservation of Monuments (Exemption) Order is a short piece of subsidiary legislation made under the Preservation of Monuments Act. In plain terms, it identifies specific monuments that are under the protection of the Preservation of Monuments Board, but which are exempted from a particular statutory restriction in the Act.
The Order’s practical function is to carve out an exception to the general rule contained in section 9(1) of the Preservation of Monuments Act. While the extract provided does not reproduce the text of section 9(1), the structure of the Act indicates that section 9(1) imposes a prohibition or control mechanism relating to protected monuments—typically concerning actions that would affect, alter, or interfere with such monuments.
Accordingly, the Order does not create a new preservation regime from scratch. Instead, it operates as a targeted exemption instrument: it names two monuments—Istana, Orchard Road and Sri Temasek, Orchard Road—and states that these monuments are exempted from the operation of section 9(1), notwithstanding that they are “placed under the protection” of the Preservation of Monuments Board.
What Are the Key Provisions?
Section 1 (Citation) is a standard provision. It confirms how the Order may be cited: “This Order may be cited as the Preservation of Monuments (Exemption) Order.” For practitioners, this matters mainly for formal referencing in submissions, correspondence, and legal pleadings.
Section 2 (Exemption) is the substantive provision. It begins by identifying the relevant monuments: “The following monuments, which have been placed under the protection of the Preservation of Monuments Board…”. This language is important because it ties the exemption to monuments that are already within the Board’s protective framework. In other words, the exemption is not for unprotected properties; it is for specific protected monuments.
Section 2 then states the legal effect: the listed monuments are “hereby exempted from section 9(1) of the Act.” The operative phrase “hereby exempted” indicates that the exemption is automatic and does not require an additional application or separate approval for each monument, assuming the monuments remain the same and continue to be “placed under the protection” of the Board.
The Order lists two monuments, both located on Orchard Road:
- (a) Istana, Orchard Road
- (b) Sri Temasek, Orchard Road
The Order’s final line includes the Gazette reference: [S 402/93]. This is relevant for verifying the authoritative publication and for historical tracing.
Legal significance of the exemption: Although the extract does not reproduce section 9(1), the exemption’s placement within the statutory scheme suggests that section 9(1) is a key restriction. Practitioners should therefore treat the exemption as a meaningful relaxation of statutory control for the two named monuments. In practice, this can affect whether certain acts require compliance with the section 9(1) prohibition/approval requirement, and it may influence the interpretation of related obligations (for example, whether other sections of the Act still apply, or whether the exemption is limited strictly to section 9(1) only).
Scope limitation: The exemption is expressly limited to “section 9(1) of the Act.” This is a critical drafting point. Unless the Act or other subsidiary instruments provide otherwise, the exemption should be read narrowly: it removes the effect of section 9(1) for the listed monuments, but it does not automatically exempt them from other provisions of the Act (such as duties, offences, or other regulatory requirements). A lawyer advising on compliance should therefore map the Act’s provisions and confirm which obligations remain applicable.
How Is This Legislation Structured?
The Order is structured in a very concise format, consisting of:
- Section 1: Citation (how the Order is referred to)
- Section 2: Exemption (the substantive listing of monuments and the legal effect of exempting them from section 9(1) of the Act)
There are no additional parts, schedules, or complex procedural provisions in the extract. The instrument is therefore best understood as a targeted legal mechanism rather than a comprehensive regulatory code.
Who Does This Legislation Apply To?
The Order applies to the monuments it names—Istana, Orchard Road and Sri Temasek, Orchard Road—and it does so by reference to the fact that these monuments have been “placed under the protection” of the Preservation of Monuments Board. The exemption is thus monument-specific.
In terms of persons affected, the Order will be relevant to anyone whose activities would otherwise fall within the ambit of section 9(1—for example, owners, occupiers, contractors, or agencies undertaking works or actions that would trigger the restrictions in section 9(1). However, because the exemption is limited to section 9(1), other statutory duties and controls under the Preservation of Monuments Act may still apply depending on their wording and scope.
Practitioners should also consider that the monuments are high-profile and may be subject to additional legal regimes (administrative, security, planning, or other sectoral controls). The exemption in this Order does not necessarily displace those other regimes; it only removes the effect of section 9(1) for the named monuments.
Why Is This Legislation Important?
Although the Order is brief, it can have significant operational consequences. Preservation regimes often impose restrictions intended to protect heritage value—such as prohibitions on alteration, demolition, or other interference without compliance with statutory requirements. By exempting two specific monuments from section 9(1), the Order signals that those monuments are treated differently within the overall preservation framework.
From a legal practice perspective, the Order is important for three main reasons:
- Compliance mapping: It requires lawyers to identify precisely which statutory restrictions are lifted for the named monuments. The exemption is not general; it is limited to section 9(1). This affects advice on whether approvals, permits, or prohibitions under that specific provision apply.
- Risk management: If a party mistakenly assumes that all protected monuments are subject to the same restrictions, they may either (i) unnecessarily seek approvals, or (ii) worse, proceed without the correct statutory steps under other applicable provisions. The Order helps prevent such errors.
- Interpretation of the Act: Exemption orders are often used to reconcile heritage protection with other public interests. The existence of this exemption can inform statutory interpretation arguments about legislative intent and the boundaries of the Board’s protective scheme.
In enforcement terms, the exemption may reduce the likelihood of enforcement action that would otherwise be based on breach of section 9(1) for these monuments. However, enforcement is not necessarily eliminated entirely: other provisions of the Act (and other laws) may still create offences or regulatory obligations. Therefore, practitioners should not treat the Order as a blanket “immunity” from the Preservation of Monuments Act; it is a targeted exemption from a particular subsection.
Finally, the Order’s historical and versioning context matters. The instrument is dated 1 October 1993 and appears in the 1994 Revised Edition. The database indicates a current version as at 27 March 2026. For legal work involving historical facts, due diligence, or litigation timelines, confirming the correct version and the continuing effect of the exemption is essential.
Related Legislation
- Preservation of Monuments Act (Chapter 239), including section 17 (authorising the making of exemption orders) and section 9(1) (the provision from which the listed monuments are exempted)
- Preservation of Monuments (Timeline) (legislative timeline resource referenced in the database interface)
Source Documents
This article provides an overview of the Preservation of Monuments (Exemption) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.