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
- Current Version Status: Current version as at 27 March 2026 (per the provided extract)
- Key Provisions (from extract): Section 1 (Citation); Section 2 (Exemption)
- Regulatory Instrument Identifier: G.N. No. S 402/1993
- Revised Edition Reference: 1994 RevEd (30 March 1994)
What Is This Legislation About?
The Preservation of Monuments (Exemption) Order is a short but legally significant instrument made under the Preservation of Monuments Act. In plain terms, it identifies specific monuments that are protected by the Preservation of Monuments Board, but that are nevertheless exempted from a particular statutory restriction found in the Act—namely, the restriction in section 9(1).
Although the Order is brief, it performs an important legal function: it clarifies that, for the listed monuments, the general prohibition or control mechanism in section 9(1) does not apply. This kind of exemption order is typically used where the legislature (or the competent authority acting under delegated powers) considers that the general rule should not apply to certain sites, either because of their special status, operational realities, or other policy considerations.
From a practitioner’s perspective, the key is to understand the legal effect of the exemption. The monuments named in the Order—Istana (Orchard Road) and Sri Temasek (Orchard Road)—are “placed under the protection” of the Preservation of Monuments Board, but they are exempted from the Act’s section 9(1) requirement. This means that the usual statutory constraint triggered by section 9(1) will not apply to these monuments, subject to any other provisions of the Act or other regulatory regimes that may still govern works, conservation, or related approvals.
What Are the Key Provisions?
Section 1 (Citation) is a standard provision. It states that the instrument may be cited as the “Preservation of Monuments (Exemption) Order.” While this does not create substantive rights or obligations, it is relevant for legal referencing, pleadings, and compliance documentation.
Section 2 (Exemption) is the operative provision. It provides that “the following monuments, which have been placed under the protection of the Preservation of Monuments Board, are hereby exempted from section 9(1) of the Act.” The structure of the clause matters: the exemption applies only to monuments that (i) are under the protection of the Preservation of Monuments Board and (ii) are specifically listed in the Order.
The Order then lists two monuments:
- (a) Istana, Orchard Road.
- (b) Sri Temasek, Orchard Road.
In practical legal terms, the exemption means that the statutory rule in section 9(1) of the Preservation of Monuments Act does not apply to these monuments. The extract does not reproduce section 9(1), so a lawyer must consult the Act itself to determine the exact nature of the restriction (for example, whether it relates to demolition, alteration, removal, or other acts affecting protected monuments). However, the legal technique is clear: the Order carves out these monuments from the reach of section 9(1), even though they remain within the broader protective framework of the Act and the Board’s oversight.
Legal effect and compliance implications. The exemption is not a general exemption from the entire Act; it is targeted to section 9(1) only. Therefore, practitioners should not assume that all conservation controls are lifted. Instead, the correct approach is to map the Act’s provisions: identify what section 9(1) prohibits or regulates, then confirm whether other sections (for example, provisions dealing with other types of approvals, offences, enforcement, or general duties) continue to apply. The Order’s wording—“exempted from section 9(1)”—strongly suggests a narrow carve-out.
Interpretation issues to consider. Because the monuments are identified by name and location (“Orchard Road”), lawyers should consider how the protected “monument” is defined in the Act and any relevant schedules or designations. If the protected area includes land boundaries, buildings, or curtilage, the exemption may apply to the entire designated monument. Conversely, if only certain structures within a broader site are designated, the exemption may be limited to those designated elements. The safest practice is to verify the designation details in the Act’s schedules, the Board’s records, or any related subsidiary instruments.
How Is This Legislation Structured?
The Preservation of Monuments (Exemption) Order is structured as a very concise subsidiary instrument with two sections:
- Section 1 (Citation): provides the short title for referencing the Order.
- Section 2 (Exemption): sets out the specific monuments exempted from section 9(1) of the Preservation of Monuments Act.
There are no additional parts or complex schedules in the extract. The Order relies on the Act for the substantive conservation framework and uses the delegated power under section 17 of the Act to create a targeted exemption.
Who Does This Legislation Apply To?
The Order applies to the listed monuments—Istana (Orchard Road) and Sri Temasek (Orchard Road)—that have been placed under the protection of the Preservation of Monuments Board. In other words, the exemption is not directed at a class of persons (such as owners, contractors, or developers) in the text provided; rather, it modifies the legal effect of section 9(1) as it applies to those monuments.
However, in practice, the exemption will matter to any person who proposes to carry out activities that would otherwise fall within section 9(1). This typically includes monument owners, custodians, government agencies responsible for the sites, contractors, and consultants involved in works, maintenance, alteration, or redevelopment. Even where section 9(1) is exempted, practitioners should still check whether other statutory duties, approvals, or restrictions apply under the Preservation of Monuments Act and any other applicable laws (for example, planning, building control, safety, heritage-related conditions, or administrative requirements).
Why Is This Legislation Important?
Although the Order is short, it is legally important because it determines whether a key statutory restriction in the Preservation of Monuments Act applies to two prominent protected sites. For lawyers advising on works affecting these monuments, the exemption can be decisive: it may remove the need to comply with the specific requirement in section 9(1), or it may change the approval pathway and risk profile for proposed activities.
From an enforcement perspective, the exemption also affects how regulators and enforcement authorities can proceed. If section 9(1) is the basis for offences or enforcement actions, then the exemption would generally prevent reliance on that provision for the exempt monuments. That said, enforcement may still be possible under other provisions of the Act or under other regulatory regimes, so counsel should not treat the exemption as a blanket permission to alter or develop.
For practitioners, the most useful takeaway is to treat the Order as a targeted legal carve-out. It should be read alongside the Preservation of Monuments Act, particularly section 9(1) and section 17 (the enabling provision). A careful legal review should confirm: (i) the exact scope of section 9(1); (ii) the precise definition and boundaries of the protected monuments; and (iii) whether any other sections impose continuing obligations even where section 9(1) is exempted.
Related Legislation
- Preservation of Monuments Act (Chapter 239), including:
- Section 9(1): the provision from which the monuments are exempted (as referenced in the Order)
- Section 17: the enabling provision under which the Order is made
- Preservation of Monuments (Timeline) (as referenced in the provided extract for version verification)
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.