Indication of presence of obstructions near aerodromes
Open ↗70.—(1) Subject to subsection (2), if the Authority is satisfied, with respect to any structure in the vicinity of an aerodrome to which this section applies, that, in order to avoid danger to aircraft flying in that vicinity in darkness or conditions of poor visibility, provision ought to be made (whether by lighting or otherwise) for giving to the aircraft warning of the presence of that structure, it may by order authorise (subject to any conditions specified in the order) the proprietor of the aerodrome, and any person acting under the proprietor’s instructions —(a)
to execute, install, maintain, operate, and, as occasion requires, repair and alter, any works and apparatus that may be necessary for enabling such warning to be given in the manner specified in the order; and
(b)
so far as may be necessary for exercising any of the powers conferred by the order to enter upon and pass over (with or without vehicles) any land that may be specified in the order.
(2) An order must not be made under subsection (1) in relation to any structure if it appears to the Authority that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning of the presence of the structure.
(3) The Authority must, before making any order under subsection (1), cause to be published, in any manner that it thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respect to the order which may, within the period not being less than 2 months after the publication of the notice specified in the notice, be made to the Authority by any person appearing to the Authority to have an interest in any land which would be affected by the order; and at the end of that period the order may, subject to this section, be made with any modifications of the original draft that the Authority thinks proper.
(4) Every order made under subsection (1) must provide —(a)
that, except in a case of emergency, no works may be executed on any land pursuant to the order, unless, at least 14 days previously, the proprietor of the aerodrome to which the order relates has served in the manner prescribed by the order on the occupier of that land, and on every other person known by the proprietor to have an interest in that land, a written notice containing the particulars of the nature of the proposed works, and the manner in which and the time at which it is proposed to execute them, that may be prescribed by or in accordance with the order;
(b)
that if, within 14 days after service of such notice on any person having such an interest, the proprietor of the aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then, unless and except insofar as the objection is withdrawn, no steps are to be taken pursuant to the notice without the specific sanction of the Authority; and
(c)
for requiring the proprietor of the aerodrome to which the order relates to pay to any person having an interest in any land affected by the order any compensation for any damage or loss which that person may suffer in consequence of the order that may, in default of agreement, be determined from time to time by a single arbitrator appointed by the Chief Justice.
(5) For the purposes of this section, any expense reasonably incurred in connection with the lawful removal of any apparatus installed pursuant to such an order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any structure to which the order relates as is attributable to the operation of the order is deemed to be loss or damage suffered in consequence of the order.
(6) The ownership of anything is not to be taken to be affected by reason only that it is placed in, or affixed to, any land pursuant to such an order; and, subject to subsection (8), so long as any such order in respect of an aerodrome is in force, a person must not, except with the consent of the proprietor of the aerodrome, wilfully interfere with any works or things which to the knowledge of that person, are works or things executed or placed in, on or over any land pursuant to the order.
(7) If any person contravenes any of the provisions of subsection (6), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
(8) Nothing in this section operates, in relation to any structure, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the structure if —(a)
notice of the doing of that work is given as soon as possible to the proprietor of the aerodrome; and
(b)
the giving of warning of the presence of the structure in the manner provided by any order made under this section in force in relation thereto is not interrupted.
(9) In this section —(a)
“aerodrome to which this section applies” means any premises which, by virtue of an order made under section 8, are for the time being licensed as an aerodrome for public use or any Government aerodrome; and
(b)
“proprietor of the aerodrome”, in relation to any premises used or appropriated for use as an aerodrome, means the airport licensee or exempt airport operator under the Civil Aviation Authority of Singapore Act 2009 for those premises, or, in the case of a Government aerodrome, the officer in charge of the aerodrome.[18
Savings
Open ↗71.—(1) Subject to subsection (2), this Part does not apply to aircraft belonging to or exclusively employed in the service of the Government or of the Singapore Armed Forces or of any visiting force lawfully present in Singapore.
(2) The Authority may, by order, apply to any aircraft mentioned in subsection (1), with or without modification, any of the provisions of this Part or of any subsidiary legislation made under this Part.
(3) Nothing in this Part, or in any subsidiary legislation made under this Part, prejudices or affects the rights, powers or privileges of any general or local lighthouse authority.[19
Power to declare an area a controlled area
Open ↗72. Whenever it appears to the Authority that it is or is likely to become necessary for the safety of air navigation in the vicinity of an aerodrome or for securing the efficient operation of any aid to air navigation, whether situated at or in the vicinity of an aerodrome or elsewhere that any area should be cleared or kept clear of obstructions, it may declare the area to be a controlled area for the purposes of this Part and must define the boundaries of that area.[20
Power to prohibit or regulate erection of structures and planting trees in controlled area
Open ↗73. The Authority may, by order, prohibit absolutely or conditionally or regulate the erection of any structure above a height specified in the order, or the planting of any tree or other high growing vegetation, within a controlled area or any part of that area.[21
Notice to remove or alter structure, trees and other vegetation in controlled area
Open ↗74.—(1) The Authority, or any officer authorised by the Authority in that behalf, may, by written notice, require the owner or occupier of any land subject to any order made under section 73, within the time (not being less than one month from the date of the service of such notice upon the person concerned) that may be fixed by the notice —(a)
to remove or reduce in height any structure on the land, which is above the height specified in the order, whether the structure was erected before or after the making of the order, or any tree or other high growing vegetation, either planted in contravention of the order, or likely, in the opinion of the Authority or the officer to cause an obstruction to aircraft or to hinder the efficient operation of any aid to air navigation;
(b)
to take such steps in regard to, or to effect such alterations to, any structure, tree or other vegetation on any land within a controlled area, or any part of the area, as may be necessary to comply with any conditions imposed by any order made under section 73 applicable to the structure, tree or vegetation or in the case of any structure erected or tree or vegetation existing before the making of the order, which would have been applicable to the structure, tree or other vegetation if it had been erected or planted after the making of the order.
(2) If default is made in complying with the provisions of the notice within the time fixed by the notice, any officer authorised by the Authority either generally or specially in that behalf may enter upon the land and cause such action to be taken as is required by the notice and may recover the cost of and all expenses incurred in doing any necessary work from the person in default.[22
Power of entry on land
Open ↗75.—(1) Subject to subsection (2), any officer authorised in that behalf by the Authority and any person employed in that behalf under the supervision of that officer may enter upon, survey and take levels of any controlled area and may do all other acts necessary for the survey and for the purpose of marking out the boundaries of the area or any part of that area.
(2) The officer or person must not enter into any building or enclosed garden or compound attached to any building without the occupier’s consent unless he or she has previously given the occupier at least 3 clear days’ written notice of his or her intention to do so.[23
Damage caused by reduction or removal of structure or valuable tree or plant
Open ↗76. When any structure or valuable tree or plant is reduced in height or removed or any expense is reasonably incurred in compliance with any order or the conditions of any order, the owner or occupier of the land must, unless the structure was erected or the tree or plant was planted in contravention of any order or of the conditions imposed by such order, receive compensation to the extent to which the owner or occupier has suffered damage by reason of such reduction or removal or has incurred such expense.[24
Damage caused by entry on land under section 75
Open ↗77. Where any damage is done to property in the exercise or purported exercise of any power conferred by section 75, the owner or occupier must receive compensation to the extent to which the owner or occupier has suffered the damage.[25
Compensation for loss of value of land
Open ↗78. Where any land in a controlled area is affected by any order made under section 73 prohibiting or regulating the erection of any structure or the planting of any tree or vegetation, the owner or occupier of the land is entitled to compensation to the extent (if any) that the value of the owner’s or occupier’s land or the owner’s or occupier’s interest in the land is shown to have been, by reason of the provisions of the order, depreciated in relation to the current ordinary market value of neighbouring land not included in that order.[26
Procedure for settling claims for compensation under section 76, 77 or 78
Open ↗79. Where any person is entitled to any compensation by virtue of section 76, 77 or 78, the amount of the compensation must be determined by agreement or, in default of agreement, by a single arbitrator appointed by the Chief Justice.[27
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
