Division 1 — Declaring public paths
Interpretation of this Part
5. In this Part, unless the context otherwise requires —“access agreement” means an agreement under Division 2 of this Part;
“dedicated land” means State land that is reserved or dedicated to the use of the general public as —(a)
a path or path‑connected open space solely for people to walk (but not to ride any vehicle) on, with or without animals;
(b)
a sidewalk;
(c)
a nature reserve, national park or public park within the meaning of the Parks and Trees Act 2005; or
(d)
a museum, reservoir or wildlife sanctuary, or otherwise for the purposes of public recreation;
“private land” means land that is not public land;
“public land” means land that is —(a)
dedicated land;
(b)
State land that is not dedicated land;
(c)
common property or open space vested in or under the care, control or management of the Housing and Development Board or a Town Council; or
(d)
vested in or under the care, control or management of any other public authority by the operation of written law.[26/2020]
Declaring and classifying public paths
6.—(1) Subject to this section, the Authority may, by order in the Gazette, declare that a path, or a path‑connected open space, located on land of a kind mentioned in subsection (2) is set aside for use by members of the public as —(a)
a pedestrian‑only path;
(b)
a footpath; or
(c)
a shared path.[26/2020]
(2) A public path of a kind mentioned in subsection (1) may be declared over —(a)
any public land; or
(b)
any private land that is subject to an access agreement in favour of the Authority for the purposes of this Act.
(3) A public path may only be declared over public land that is not State land if —(a)
an agreement in relation to the declaration of the public path is entered into between —(i)
the Minister; and
(ii)
the Minister charged with the responsibility for the public authority in whom the land is vested or which has the care, control or management of the land; and
(b)
the order under subsection (1) for the public path conforms to that agreement.
(4) An order under subsection (1) must —(a)
identify or describe the public path; and
(b)
specify whether the public path is a pedestrian‑only path, a footpath or a shared path.
(5) An order under subsection (1) may —(a)
include terms and conditions as to the use and management of the public path; and
(b)
provide for periods during which the public path is closed, partly closed or used temporarily for a purpose other than as a path.[26/2020]
(6) An order under subsection (1) in relation to private land must conform to the terms of the access agreement on which it is based.
(7) An order under subsection (1) (or as varied under section 7) —(a)
attaches to the land; and
(b)
is binding on all persons who from time to time have an interest in the land.
Discontinuing or diverting, etc., public path
7.—(1) Subject to this section, the Authority may, by subsequent order in the Gazette, vary or revoke an order made under section 6.
(2) Without limiting that power in subsection (1), the Authority may —(a)
discontinue (temporarily or otherwise) the whole or a part of a public path;
(b)
divert a public path;
(c)
vary the purpose of the public path, such as from a pedestrian‑only path to a shared path or vice versa, or a footpath to a shared path or vice versa, and so on; or
(d)
alter the boundaries of a public path.
(3) Except in the case of discontinuing the whole or a part of a public path, an order under subsection (1) affecting a public path on private land is subject to the requirement that the order must conform to the terms of the access agreement on which the original order is based.
Restriction on use of public path on public land
8.—(1) Despite any Act or law to the contrary, but subject to this section, where a public path is declared over public land that is not State land, the performance of functions and the exercise of rights or powers in relation to the land by the public authority in whom the land is vested or which has the care, control or management of the land, or by any other person who has an interest in the land, are subject to —(a)
the performance of functions and the exercise of powers by the Authority in relation to the public path under this or any other Act; and
(b)
the right of members of the public to use the public path in accordance with this Act.
(2) Despite any Act or law to the contrary, but subject to this section, where a public path is declared over private land that is subject to an access agreement in favour of the Authority for the purposes of the public path, the rights and powers of the proprietor and occupier of the land, and of any other person who has an interest in the land, are subject to —(a)
the performance of functions and the exercise of powers by the Authority in relation to the public path under this or any other Act; and
(b)
the right of members of the public to use the public path in accordance with this Act.
(3) The performance of functions and the exercise of powers by the Authority in relation to a public path on private land are subject to the terms of the access agreement on which the order declaring the public path is based.
Division 2 — Access agreements
Access agreements
9.—(1) The proprietor of private land may enter into an agreement under this Division with the Authority for the purposes of declaring a part of the land a public path if all other persons with a legal interest in the land have consented to that agreement.
(2) Subject to section 11, an access agreement —(a)
attaches to the land;
(b)
is binding on all persons who from time to time have an interest in the land; and
(c)
remains in full force and effect despite the fact that the land to which it applies ceases to be private land because of a transfer of ownership or for any other reason.
Access agreement may include indemnity
10.—(1) An access agreement may include —(a)
an indemnity from a specified form of liability or right of action;
(b)
a waiver or exclusion of a specified form of liability or right of action;
(c)
an acknowledgment of liability; or
(d)
a disclaimer.
(2) An access agreement may also include a term requiring a party to the agreement to indemnify another party for costs incurred in defending legal proceedings against the second‑mentioned party.
Variation of access agreement
11.—(1) Subject to subsection (2), an access agreement may be varied at any time by agreement between the parties but only if it remains in conformity with the order under section 6 declaring the relevant public path.
(2) An access agreement cannot be varied in a manner that affects the legal interest in the land of another person without that person’s consent to the agreement.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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