Opening Speech by Senior Minister of State, Ministry of Transport and Ministry of Law, Mr Murali Pillai, at the Second Reading of the MPA (Amendment) Bill

1.                Mr Speaker, on behalf of the Minister for Transport, I beg to move, “That the Bill be now read a second time.”

2.                This Bill is before you because Singapore’s maritime landscape has changed profoundly since the Maritime and Port Authority of Singapore Act, or MPA Act, was first introduced in 1996.

3.                Our legislation must not just keep pace with but allow us to apply vigilance and imagination to maritime scenarios in a new and fast-changing reality.

4.                The Bill amends the MPA Act in five main areas.

a.                First, enhancing MPA’s powers to intervene promptly to safeguard safety and operational continuity.

b.                Second, providing for the safe use of new and emerging technologies.

c.                Third, introducing cybersecurity requirements for the maritime sector.

d.                Fourth, strengthening MPA’s regulatory framework and powers over licensees.

e.                And fifth, strengthening MPA’s investigative and enforcement powers.

5.               The first, fourth and last have to do with powers and rules, and the second and third to do with regulating technologies. I will cover the key amendments for each section in turn.

Enhancing MPA's Powers to Intervene Promptly for Safety And Operational Security

6.               The first category of changes enhances MPA's powers to intervene promptly to safeguard safety and operational continuity.

7.               Objects in Singapore’s waters, like stranded or abandoned vessels and wrecks, can pose risks to navigational safety, the marine environment, and the use or operation of the port. Today, MPA has powers to require the removal of vessels and objects in the port that obstruct navigation or pose a danger to port operations. However, these risks may also arise in areas outside the port, but within Singapore’s territorial waters.

8.               Clause 33 of the Bill therefore extends these powers beyond the port and its approaches, to Singapore’s territorial waters. It also expands the circumstances in which MPA may intervene — including where vessels or objects may harm the marine environment, damage the coastline, or have been abandoned.

9.               Clause 34 of the Bill allows MPA to respond more promptly to immediate risks. MPA may take direct action to raise, remove or destroy stranded or abandoned vessels or objects, where there is an imminent risk to navigational safety, the marine environment or the coastline, without first requiring the owner to do so. MPA may also act where the owner cannot be identified despite reasonable efforts.

10.               Collectively, these changes empower MPA to act more swiftly and effectively to safeguard navigational safety, protect our marine environment and coastline, and maintain the smooth functioning of our port.

Providing for the Safe Use of New and Emerging Maritime Technologies

11.               The second category of changes provides for the safe use of new and emerging maritime technologies. These include autonomous vessels, underwater robots, and remote operation centres.

12.               The Bill updates MPA’s regulatory regime to accommodate these developments while maintaining navigational and operational safety.

13.               Clauses 13 and 14 of the Bill provide for the regulation of maritime devices.

a.                MPA may, with the approval of the Minister for Transport, prescribe the circumstances and conditions under which these devices operate remotely or autonomously, and require device information from operators. The Port Master may also direct and restrict their movement where necessary to safeguard navigational and operational safety.

14.               Similarly, Clauses 26 to 28 provide for the regulation of remote pilotage and remote vessel operations.

a.                MPA may, with the approval of the Minister for Transport, prescribe the conditions under which the vessels may operate remotely or autonomously, and also regulate harbour craft operations and regulate their manning.

15.                Clauses 25 and 29 of the Bill also update the definitions of “vessel”, “master” and “pilot” in section 2 of the MPA Act to adopt a technology and operation-neutral approach. The amendments will empower MPA to regulate vessels operating in the Port and our Territorial Waters regardless of how the vessel is operated — whether conventionally crewed, remotely operated, or partially or fully autonomous — and whether a pilot or master is physically onboard or operating from another location.

16.                These amendments lay the legal groundwork for Singapore to harness the benefits of these new maritime technologies, while enabling MPA to regulate their use in our Port.  

Cybersecurity Requirements for the Maritime Sector

17.                The third category of changes strengthens the maritime sector's cybersecurity posture.

18.                As our port becomes increasingly automated and digitalised, the systems supporting it are more digitally interconnected, and more exposed to cyber risks.

19.                The Cyber Security Agency administers our national cybersecurity framework. It can designate computers or computer systems as Critical Information Infrastructure under the Cybersecurity Act if the loss or compromise of these systems would have a debilitating effect on our essential services.

20.                Some maritime systems may not meet the higher threshold for designation as Critical Information Infrastructure but are nonetheless important to the continuity of sea transport and port operations. Protecting these systems is therefore critical to Singapore’s resilience as a maritime hub.

21.                Clause 2 of the Bill includes oversight of the maritime sector’s cybersecurity as part of MPA’s functions and duties. This allows MPA to tailor maritime cybersecurity requirements to the sector’s unique operating context.

22.                To give effect to this new function, Clause 4 of the Bill establishes a sector-specific cybersecurity framework under the new Part 13B of the MPA Act. Under this new framework, MPA may designate computers or computer systems as “Important Information Infrastructure” or “IIIs”. MPA will consider systems that are either owned or operated by maritime entities or are connected to MPA’s own systems.

a.                These must be systems necessary for the continuous delivery of an essential transport service.

b.                Their loss or compromise would substantially affect or impair the availability of that service, port operations, or Singapore's reputation as a provider of marine services.

23.                Given that the provision of digital services can be conducted from overseas, the new section 89MA empowers MPA to also designate computers and computer systems that are located or hosted outside of Singapore.

24.                The III framework is designed to complement and not duplicate the national cybersecurity framework under the Cybersecurity Act.

a.                Systems already designated as Critical Information Infrastructure cannot be designated as an III.

b.                This ensures that the two frameworks operate in a complementary manner without imposing overlapping requirements on the same systems.

25.                Having set out the scope of the III framework, I will now explain how the framework operates in practice.

26.                To assess whether computers or computer systems meet the criteria for the III designation, the new section 89O allows MPA to obtain relevant information from their owners and operators.

a.                Where a system is designated as an III, its owners and operators will be notified. The designation will not be published in the Gazette due to security sensitivities.

27.                The principal cybersecurity obligations will fall on the notified operator responsible for the system.

a.                They must provide information on their designated IIIs, report prescribed cybersecurity incidents, conduct regular cybersecurity audits and risk assessments, and participate in cybersecurity exercises when directed by MPA.

b.                They must also comply with applicable cybersecurity standards of performance and directions issued by MPA.

28.                These requirements ensure that IIIs are adequately protected, and are broadly similar to cybersecurity standards and guidelines by the Cyber Security Agency but with the level of regulatory oversight calibrated to the criticality of the III systems.

29.                MPA had engaged industry members of MPA’s Maritime Cyber Assurance and Operations Centre on these proposed amendments, and members were supportive of these measures to ensure that systems important to the continued delivery of essential sea transport services and port operations are effectively safeguarded against cyber threats.

Strengthening MPA’s Regulatory Framework and Powers Over Licensee

30.                The fourth category of changes refreshes MPA’s licensing framework and strengthens its regulatory powers over licensees. Clause 16 of the Bill replaces the existing Part 12 of the MPA Act with a more comprehensive licensing regime.

31.                I will touch on three key changes within this section.

32.                The first change empowers MPA’s licensing framework to be more responsive to evolving marine services and industry developments. The Bill allows other existing and emerging marine services to be brought under the new licensing framework in future, through amendments to a new Fourth Schedule by order published in the Gazette.

33.                Under the new Part 12, MPA may also, with the approval of the Minister for Transport, prescribe a particular regulated service as a “capped service”.  MPA may limit the number of licences issued for that service and specify the period during which application for such licences may be made. In doing so, MPA may take into account factors such as:

 a.                Demand for that service and whether that demand is already adequately met by existing licensees;

b.                Impact on the viability of the shipping and port industry in Singapore; and

c.                Space and resource constraints.

34.                This will allow MPA to pace the adoption of new technologies and services that may carry greater risks, including through running pilot schemes with a limited number of licensees. This also ensures that licensed operators can provide safe, reliable and viable services. To ensure transparency and fairness, MPA must publish the application period on its website when it decides to accept applications for capped services.

35.                The second change strengthens MPA’s regulatory oversight over licensees.

36.                At the application and renewal stage, the new Part 12 sets out administrative matters, such as the factors MPA may consider when granting or renewing licences. These include the applicant’s financial capacity, suitability, and ability to comply with regulatory requirements and provide the regulated service.

37.                The new Part 12 also strengthens oversight of the persons responsible for, or  involved in, a licensee’s operations. Prescribed classes of licensees must seek approval before appointing key appointment holders. This ensures that individuals holding key positions are suitable to discharge their responsibilities. MPA may also impose licence conditions relating to the oversight of employees and contractors.

38.                Where licensees fail to meet licensing requirements, the new Part 12 enables MPA to respond more effectively through a range of regulatory measures.

a.                These include issuing directions to address non-compliance, suspending licences whether in whole or in part, and imposing financial penalties up to a statutory cap.

b.                In particular, the ability to suspend a licence in part enables MPA to target specific areas of non-compliance without affecting services where the licensee has been compliant.

39.                These regulatory measures are accompanied by new procedural safeguards under Section 85G. MPA must generally give licensees notice of the proposed regulatory action and an opportunity to make representations before taking regulatory action. Licensees may also appeal to the Minister against specified decisions under the procedures set out in the new Section 85I.

40.                The third change within this section provides a new statutory framework to facilitate access to facilities and infrastructure needed for marine services and port development, under Part 12AA.

41.                As our port grows, we will increasingly need infrastructure to support regulated services, such as electric charging facilities, pipes, cables and other systems, to be installed across premises operated by different licensees.

42.                Today, MPA may facilitate access to these facilities through licence conditions imposed on licensees under section 81(subsection 4) of the MPA Act. The Bill replaces this mechanism with new Sections 85L and 85M. They empower MPA to direct relevant owners or occupiers to allow licensees to install or use facilities and infrastructure.

a.                As a matter of policy, MPA will first explore voluntary arrangements with the relevant owners or occupiers. MPA may issue a direction under section 85L if voluntary arrangements cannot be reached and if access is necessary for public interest or to ensure that regulated services are provided safely, reliably, efficiently, in an environmentally-sustainable, or economically-efficient manner.

b.                There are safeguards to protect affected parties. The Bill provides a fair and transparent process for balancing the needs of marine service providers with the interests of affected owners and occupiers.

43.                The new Section 85P also enables MPA to enter a licensee’s premises to install and maintain essential port infrastructure. MPA must provide at least 14 days written notice before entry. Affected owners or occupiers may claim compensation for specified losses or damage as set out in the new Fifth Schedule. Where an owner's rights are substantially impaired, the owner may also request the Government’s acquisition of the premises under the new section 85U.

44.                Taken together, the amendments to Part 12 of the MPA Act allow MPA to continue to ensure the safe and efficient provision of marine services and reliable port operations.

Strengthening MPA’s Investigative and Enforcement Powers

45.                The fifth and last category of changes in the Bill strengthens MPA's investigative and enforcement powers.

46.                Today, MPA already has powers to investigate matters under the Act, including requiring persons who may have relevant information to attend before an authorised officer, answer questions and provide information or documents for investigations. The Bill builds on this foundation in two ways.

47.                First, Clause 35 enables MPA to take action against individuals or companies who provide false information or hinder the provision of accurate information in the course of MPA’s investigations.

48.                Second, Clause 35 also inserts a new section 97AC which strengthens MPA’s investigative powers by allowing authorised officers to enter and inspect premises or vessels without a warrant in specified circumstances. These powers enable MPA to gather evidence and verify information directly, to better investigate offences and determine whether regulatory action is warranted.

49.                These powers are targeted. For example, authorised persons may only enter:

a.                Premises where records on regulated services are kept;

b.                Premises where MPA has reasonable grounds to believe a regulated service business is carried out; or

c.                Premises where MPA believes an offence under the Act is being or has been committed.

50.                Beyond investigative powers, Clause 37 also modernises the administrative processes under the MPA Act. For example, it allows documents to be served electronically with the recipient's prior written consent.

Conclusion

51.                Mr Speaker, the amendments I have set out today are, at their core, about regulating emerging technologies and safeguarding our Port’s operations in a changed and geopolitically active world. This Bill ensures that MPA's legal framework keeps up with our evolving maritime industry — so that we can continue to operate one of the world's busiest and most trusted ports safely, efficiently, and with confidence.

52.                Sir, I beg to move.