Public Consultation on Legislative Proposals Relating to Archaeology

National Heritage Board

Consultation Period: 01 Oct 2024 - 31 Oct 2024

Status: Closed

Detailed Description

INTRODUCTION 

1. MCCY and NHB are seeking views on several legislative proposals relating to archaeology. The consultation period is from 1 October 2024 to 31 October 2024. 

BACKGROUND 

2. Archaeology provides valuable insights into Singapore’s past and a tangible link to our heritage. Archaeological artefacts are part of Singapore’s cultural patrimony and should be protected for the public and future generations’ benefit. 

3. Over the last decade, there is increasing interest in the field of archaeology in Singapore. Significant archaeological artefacts found in the past four decades were uncovered from both terrestrial and maritime sites. Terrestrial sites such as Fort Canning and Empress Place yielded artefacts such as ceramics, glass beads, and ornaments from the 14th century. These artefacts supplement our understanding of Singapore’s early history. Two historic shipwrecks discovered in Singapore’s waters, announced by NHB in 2021, also yielded significant new knowledge about our maritime past. The first shipwreck contained Chinese ceramics dated to the 14th century, with direct parallels with those excavated from Fort Canning and Empress Place, while the second shipwreck yielded a range of ceramics and also non-ceramic objects including copper-alloy, glass, agate, anchors, and cannons dated to the 18th century. These archaeological artefacts provide invaluable insights to the early history of Singapore and its links to the region. 

4. However, existing legislation does not provide sufficient protection over archaeology when compared to international best practices. In particular, there is no legislation that:

   1. addresses the ownership of archaeological finds;

   2. requires the compulsory reporting of archaeological finds; or

   3. regulates archaeological activities.

Without legislative safeguards in place, there is a risk that significant archaeological sites and/or finds within Singapore may not receive timely expert attention, proper care and safeguarding. There is also a higher risk that such archaeological sites or finds may be damaged, kept privately or sold overseas, resulting in a potential loss of valuable archaeological information which could potentially contribute to Singapore’s cultural patrimony.

5. The Merchant Shipping Act 1995 (“MSA”) and the Maritime and Port Authority of Singapore Act 1996, which are administered by the Maritime Port Authority of Singapore (“MPA”), regulates seabed and salvaging activities, and ensures that wrecks found or brought within Singapore’s territorial waters are reported. As part of this legislative review conducted by MCCY and NHB, enhancements will be made to the relevant provisions of the MSA to complement NHB’s policy proposals, to allow for better protection of maritime archaeological artefacts. 

6. The consultation seeks public input on NHB’s legislative proposals. NHB has studied international practices and conducted consultations with practising archaeologists and its Archaeology Advisory Panel. These engagements have been instrumental in informing our proposals.

Ownership over archaeological artefacts

7. We propose to empower NHB to declare ownership over archaeological artefacts found in Singapore. 

8. An “archaeological artefact” will be defined as a movable object that: 

   1. has historic, cultural and archaeological significance;

   2. is at least 75 years old (this will cover World War 2 and colonial-period artefacts); and

   3. either:

      1. is fully or partially buried or submerged within Singapore; or

      2. is recovered from where it was buried or submerged within Singapore after the legislation comes into effect.

9. Archaeological artefacts may be found on land or in the sea. Examples include loose objects (e.g. ceramics, glass beads, earthenware pots etc.) as well as larger objects (e.g. ship hull remains, anchors, cannons etc.). 

10. NHB will have the right to acquire an archaeological artefact, subject to existing exceptions for sovereign vessels (i.e. warships and other government ships operated for non-commercial purposes). Any acquisition will be published. We intend to provide for an appeal mechanism against an acquisition by NHB.

11. There will be no compensation or reward given when an archaeological artefact is acquired by NHB. Such artefacts are public goods to be enjoyed by all and not to be monetised or traded. In instances of accidental finds, landowners should not be entitled to private “windfall” gains for objects that should be rightfully owned by the community. This is also to discourage potential treasure hunting whether on land or within Singapore’s territorial waters. Instead, NHB will recognise civic-minded finders and private landowners through alternative non-monetary means.

12. It will be an offence for anyone to intentionally damage or destroy, or to deal with an archaeological artefact which NHB has declared ownership over, and/or an archaeological artefact which is currently being assessed by NHB and pending NHB’s declaration of ownership, without NHB’s permission. Penalties will be set at a deterrent level.

Reporting archaeological finds

Terrestrial finds at designated sites

13. We propose to empower NHB to designate land sites with high archaeological potential or significance. In the first instance, NHB intends to designate sites in the Civic District area, where there has been evidence of material culture associated with Singapore’s early history dating back to the 14th century. The designated sites will be set out in subsidiary legislation.

14. In general, persons who know or have reason to believe that they have made an archaeological find on a designated site must report the find to NHB. An archaeological find can consist of archaeological artefacts, or immovable structures of archaeological significance such as forts and tunnels, or both. Failure to report an archaeological find on a designated site will be an offence.

15. However, NHB may make exemptions to the reporting requirement in appropriate cases - for example if a developer of a designated site has undertaken appropriate permitted archaeological mitigation measures. 

Maritime finds

16. If a person finds or takes possession of a wreck (which under the MSA includes jetsam, flotsam, lagan and derelict found in or on the shores of the sea or tidal water) within the limits of Singapore or of any wreck found or taken possession of outside the limits of Singapore and brought within the limits of Singapore, it is to be reported to the MPA-appointed receiver of wreck.

17. NHB and MPA will set up an arrangement whereby MPA will notify NHB in the event a wreck is reported to the receiver of wreck, for NHB to assess such a wreck and determine if it qualifies as an archaeological artefact.

Education and enforcement

18. Recognising that enforcement of reporting of archaeological artefacts is highly challenging in practice, NHB will develop guidelines to increase public awareness and understanding of the reporting framework. The guidelines will include images of the various types of terrestrial and maritime archaeological finds that are of historical interest and significance and will serve to guide the public on the type of finds that need, and need not, be reported to NHB.

19. In the first 3 years after the new legislation comes into force, NHB will focus on public education rather than enforcement. This 3-year period will be used to engage with the general public and key stakeholders, such as developers, on how to identify and report terrestrial finds, and serves to provide lead time for industry players to incorporate relevant new requirements into their business considerations, as well as for the local archaeology expertise to build up capacity to meet increased demands.  

Regulation of archaeological activities

20. We propose to require a permit for carrying out all archaeological activities. This is to ensure that such archaeological activities are conducted in line with international industry best practices, in order to mitigate against damage to archaeological sites and artefacts and the loss of valuable archaeological information. “Archaeological activity” will be defined as an activity conducted partly or wholly for the purpose of discovering, revealing, examining, treating, recording, preserving and (where appropriate) recovering and removing any objects or other material of archaeological or historical interest situated in, on, or under the land or seabed. 

21. Permits will spell out the conditions under which archaeological activities may be carried out. Such conditions may include requirements to comply with Codes of Conduct issued by NHB. Overseas examples of such conditions include (but are not limited to): obtaining the prior consent of landowners, collection and reporting requirements relating to archaeological objects, conditions relating to health and safety, insurance requirements, and reinstatement of archaeological sites and responsible disposal of litter, and removal of equipment.

22. It will be an offence for a person to carry out, or cause to be carried out, any archaeological activity without a permit, or in breach of permit conditions. 

23. Recreational activities such as metal detecting conducted by hobbyists or recreational diving will not require permits, but the reporting requirements set out in Paras 13-17 will apply. 

GUIDELINE FOR SUBMISSION OF COMMENTS

24. We request that all interested parties submit their comments on the proposals for the new regulations using the feedback form in the link here or button below. All submissions should be sent no later than 31 October 2024, 6.00pm.

25. Respondents are also requested to follow these guidelines:

    1. We request that your comments be clearly and concisely written, with a reasoned explanation for any proposed revision. 

    2. Where respondents feel that the proposals can be improved, it would be helpful to give details on potential operational/implementation issues the proposals may pose. Suggestions to improve the proposals are also welcome.

    3. Please indicate your name and the organisation you represent (if any) as well as contact details (email address and/or telephone number) within the template to enable us to follow up with you to clarify any points, if necessary.

26. We will review all comments received during the consultation period and refine the proposals where appropriate, based on feedback received during this consultation.