Statute Details
- Title: Preservation of Monuments (Exemption) Order
- Act Code: PMA2009-OR3
- Legislative Type: Subsidiary legislation (Order)
- Authorising Act: Preservation of Monuments Act (Chapter 239, Section 17)
- Commencement: 1 October 1993
- Citation: Preservation of Monuments (Exemption) Order
- G.N. No.: S 402/1993
- Revised Edition: 1994 RevEd (30 March 1994)
- Status: Current version as at 27 March 2026
- Key Provisions (from extract): Section 1 (Citation); Section 2 (Exemption)
- Exempted Monuments (from extract): (a) Istana, Orchard Road; (b) Sri Temasek, Orchard Road
- Provision Exempted From: Section 9(1) of the Preservation of Monuments Act
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. Its practical purpose is to carve out specific monuments from the general statutory regime that would otherwise apply to protected monuments. In plain terms, the Order identifies two particular buildings—Istana, Orchard Road and Sri Temasek, Orchard Road—and states that they are exempt from the operation of section 9(1) of the Preservation of Monuments Act.
Although the Order is brief, it is legally significant because it modifies how the main Act applies to designated properties. The Preservation of Monuments Act typically regulates what can be done to monuments under the protection of the Preservation of Monuments Board. Where the Act imposes restrictions or requirements—especially those triggered by section 9(1)—an exemption order can relieve the monument owner or relevant persons from those specific statutory constraints.
Accordingly, this Order should be read together with the Preservation of Monuments Act, particularly the content and effect of section 9(1). The exemption does not necessarily remove all regulation under the Act; rather, it targets a specific provision. For practitioners, the key question is therefore not only “which monuments are exempt?”, but also “what exactly does section 9(1) require or prohibit?”—because the exemption will only be as broad as the provision it displaces.
What Are the Key Provisions?
Section 1 (Citation) provides the formal name by which the Order may be cited. This is standard legislative drafting: it helps lawyers, agencies, and courts refer to the instrument consistently in correspondence, submissions, and legal documents.
Section 2 (Exemption) is the operative provision. It begins by describing the monuments as those “placed under the protection of the Preservation of Monuments Board.” This matters because it confirms that the monuments are within the protected universe under the Act. The Order then states that these protected monuments are “hereby exempted from section 9(1) of the Act.” In other words, the exemption is not from the entire Act; it is from a particular subsection.
The Order lists the exempted monuments:
- (a) Istana, Orchard Road
- (b) Sri Temasek, Orchard Road
From a legal practice perspective, the specificity of the addresses (“Orchard Road”) and the monument names is important for determining the scope of the exemption. If there are multiple structures associated with a named site, or if boundaries are disputed, the precise identification in the Order may influence how the exemption is interpreted. Lawyers should therefore cross-check the monument register or the Board’s designation documents to confirm what physical components are covered by the monument protection.
Interaction with section 9(1) of the Preservation of Monuments Act is the critical interpretive step. The extract does not reproduce section 9(1), so the practitioner must consult the Act itself. Typically, provisions like section 9(1) in preservation statutes relate to restrictions on alterations, demolition, or other works affecting protected monuments, often requiring approvals or prohibiting certain actions without consent. The exemption means that, for the two listed monuments, the legal effect of section 9(1) is removed. Depending on the content of section 9(1), this could mean that:
- certain works may be carried out without the approval or consent that would otherwise be required; or
- certain prohibitions or procedural requirements do not apply; or
- the enforcement consequences tied to section 9(1) are not triggered for these monuments.
However, because the exemption is limited to section 9(1), other provisions of the Act may still apply—such as general duties, other approval regimes, offences, or administrative requirements. Practitioners should therefore treat the exemption as a targeted legal adjustment rather than a blanket deregulation.
How Is This Legislation Structured?
The Preservation of Monuments (Exemption) Order is structured as a short instrument with only two provisions in the extract:
- Section 1: Citation (how the Order is referred to)
- Section 2: Exemption (the substantive legal effect)
There are no parts, schedules, or detailed procedural provisions in the extract. The Order functions as a legislative “switch” that modifies the application of a specific subsection of the main Act to named monuments. In practice, this means the Order is usually used in conjunction with the Preservation of Monuments Act and any related Board decisions or monument designation records.
Who Does This Legislation Apply To?
This Order applies to the monuments it identifies—namely Istana, Orchard Road and Sri Temasek, Orchard Road—which are stated to have been placed under the protection of the Preservation of Monuments Board. The exemption is therefore site-specific rather than person-specific.
Although the Order is directed at monuments, the practical beneficiaries are the persons who would otherwise be subject to section 9(1) in relation to those monuments. That could include the monument owner, occupier, or any party seeking to carry out works that would fall within the scope of section 9(1). Lawyers advising on planning, building works, heritage compliance, or regulatory approvals should therefore assess whether the contemplated activity would engage section 9(1), and if so, whether the exemption removes the need for the relevant approval or compliance step.
Why Is This Legislation Important?
Even though the Preservation of Monuments (Exemption) Order is brief, it is important because it affects the legal compliance landscape for two high-profile sites. In heritage and planning matters, the difference between “protected monument subject to the Act” and “protected monument exempt from a particular subsection” can determine whether approvals are required, what offences may be implicated, and what enforcement risks exist.
For practitioners, the Order is a reminder that the preservation regime is not always uniform across all protected monuments. Exemption orders can reflect policy considerations such as operational needs, security considerations, or other governance factors. The legal effect, however, must be applied precisely: the exemption is limited to section 9(1). Therefore, counsel should not assume that all preservation obligations are removed. Instead, the correct approach is to map the client’s proposed actions against the Act’s provisions and then apply the exemption only to the extent it covers the relevant subsection.
From an enforcement perspective, the exemption may also influence how authorities proceed in the event of alleged non-compliance. If an action would otherwise constitute a breach of section 9(1), the exemption could be a complete defence (or at least a significant limitation) for these two monuments. Conversely, if the action falls under a different provision of the Act, the exemption may not assist. This is why a careful statutory analysis—often supported by the Board’s designation records and the text of section 9(1)—is essential.
Related Legislation
- Preservation of Monuments Act (Chapter 239), including section 9(1) and section 17 (the authorising provision for exemption orders)
- Preservation of Monuments (Timeline / Legislation Timeline) (for version control and historical amendments)
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.