Cross-Border Railways Act 2018

Sections (77)

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• § 1 — Short title and commencement

  1.—(1) This Act is the Cross-Border Railways Act 2018.(2) Sections 25 and 29, Parts 6 to 9 and sections 68 to 72, 77 and 78(c) come into operation on a date that the Minister appoints by notification in the Gazette. —(1) This Act is the Cross-Border Railways Act 2018. (2) Sections 25 and 29, Parts

• § 10 — Power to enter land for inspection and survey, etc.

  10.—(1) Subject to subsection (3), the LTA or a person it authorises for the purposes of this section may, at reasonable times, enter any land or building described in subsection (2) in order to carry out all or any of the following:(a) inspect or survey the land or building to ascertain the conditi

• § 11 — Utility services

  11.—(1) The LTA, or a person it authorises for the purpose of this section, may serve a notice on the owner or supplier of any gas, electricity, water, telecommunication, sewerage or drainage services to —(a) alter the course or position of any structure or apparatus (such as wire, line, cable, pipe

• § 12 — Removal of projections or obstructions

  12.—(1) The LTA, or any person it authorises for the purpose of this section may, by giving notice to the owner of any land or building in the railway area, require the owner to remove any object or structure which is erected on or attached to, or projects from, the land or building if in the opinio

• § 13 — How power to enter land is to be exercised

  13.—(1) Any individual authorised under this Division to enter upon any land or building must, if so required by the owner or occupier of the land or building concerned, produce evidence of his or her authority before so entering the land.(2) Any person who refuses to give access to, or obstructs, h

• § 14 — Construction of railway bridges over Johore Straits

  14.—(1) The LTA may, with the approval of the Minister, construct or authorise to be constructed, over or in and across the Straits of Johore that is within Singapore and any other area outside Singapore but agreed between Singapore and Malaysia, the following:(a) a bridge suitable for the passage o

• § 15 — Owners who suffer substantial impairment in rights in land may require their land to be acquired

  15.—(1) The owner of any land possession of which is or has been taken in accordance with section 8 may, by written notice given to the LTA, request the Government to acquire under the Land Acquisition Act 1966 —(a) the land; and (b) any other land of the owner related to the land in paragraph (a),

• § 16 — Owner-initiated acquisition

  16.—(1) Upon the LTA receiving a notice under section 15(1) in relation to any temporarily occupied land, and any other land related to the temporarily occupied land, the President is to proceed under the Land Acquisition Act 1966 to acquire that land as if those lands were the subject of a notice u

• § 17 — Funding for construction of railway infrastructure

  17. For the purpose of enabling the concessionaire under a concession agreement granted under Part 3, or the LTA if no such concession agreement is granted, to carry out its function and duty of constructing any railway infrastructure of a cross‑border railway, the Minister for Finance must, from ti

• § 18 — Concession agreement for railway infrastructure

  18.—(1) The Minister may, on behalf of the Government, enter into one concession agreement relating to the construction, maintenance, operation and improvement of the railway infrastructure of a cross‑border railway.(2) A concession agreement in subsection (1) may authorise the concessionaire to exe

• § 19 — Transfer or termination of concession agreement

  19.—(1) A concession agreement, and any right, benefit or privilege of a concessionaire under a concession agreement, may be transferred or assigned to another person only if —(a) the concession agreement contains a condition authorising the transfer or assignment; and (b) the Minister consents in

• § 2 — Interpretation

  2. In this Act, unless the context otherwise requires —“act of unlawful interference” means the doing or attempting to do anything to jeopardise the safety of a cross‑border railway, and includes any of the following:(a) unlawful taking control of a cross‑border train by force, or threat of force, o

• § 20 — Restrictions on voluntary winding up, etc.

  20.—(1) Despite the provisions of any other written law, where a concessionaire is a company and financial assistance has been provided under section 17 to the concessionaire for the purpose of constructing, maintaining, operating and improving the railway infrastructure of a cross‑border railway —(

• § 21 — Railway assets operator

  21.—(1) The concessionaire under a concession agreement granted under Part 3 for a cross‑border railway, or the LTA if no concession agreement is granted, may, in accordance with the bilateral railway agreement for that cross‑border railway, authorise by a railway assets contract one person (called

• § 22 — Contents of railway assets contract

  22.—(1) A railway assets contract for a cross‑border railway must relate to all railway assets in Singapore of that cross‑border railway.(2) A railway assets contract relating to the railway assets of a cross‑border railway —(a) must specify the term of the contract; (b) must be subject to a condit

• § 23 — Railway assets contract non-transferable

  23.—(1) A railway assets contract, and any right, benefit or privilege of a railway assets operator under a railway assets contract, are transferable only with the prior written consent of the Minister.(2) A transfer or an assignment, or a purported transfer or assignment, of a railway assets contra

• § 24 — Restrictions on voluntary winding up, etc.

  24.—(1) Despite the provisions of any other written law, where a railway assets operator is a company —(a) the company must not be wound up voluntarily without the consent of the Minister; (b) no application for a judicial management order under the Insolvency, Restructuring and Dissolution Act 201

• § 25 — Unauthorised open network services on cross-border railway

  25.—(1) A person must not provide in Singapore any open network services in connection with a cross‑border railway unless the person — (a) is authorised to do so by a railway assets operating licence; or (b) is authorised to do so by contract with a person mentioned in paragraph (a) (called in this

• § 26 — Train service operator

  26. The concessionaire under a concession agreement granted under Part 3 for a cross‑border railway, or the LTA if no concession agreement is granted, may, in accordance with the bilateral railway agreement for the cross‑border railway, authorise by a cross‑border train service contract a person (ca

• § 27 — Contents of cross-border train service contract

  27.—(1) A cross-border train service contract —(a) must specify the term of the contract; (b) must be subject to a condition precedent that requires the train service operator under the contract to obtain a cross‑border train service licence before providing a cross‑border train service on that cro

• § 28 — Cross-border train service contract non-transferable

  28.—(1) A cross-border train service contract, and any right, benefit or privilege of a train service operator under a cross‑border train service contract, are transferable only with the prior written consent of the Minister.(2) A transfer or an assignment, or a purported transfer or assignment, of

• § 29 — Unauthorised provision of cross-border train service

  29.—(1) A person must not provide a cross‑border train service unless the person — (a) is authorised to do so by a cross‑border train service licence; or (b) is authorised to do so by contract with a person mentioned in paragraph (a) (called in this Act a subcontractor). (2) A person who contraven

• § 3 — Purpose of Act

  3. The purpose of this Act is to provide for the construction, maintenance, operation and regulation of a cross‑border railway so as to give effect to any bilateral railway agreement for the cross‑border railway.

• § 30 — Application for or to renew licences

  30.—(1) An application for or to renew a licence must be made to the LTA in accordance with this section.(2) An application for or to renew a licence must —(a) be in such form and manner as the LTA may determine; (b) be accompanied by an application fee, if prescribed; and (c) be accompanied by su

• § 31 — Grant or renewal of licences

  31.—(1) After considering any application for or to renew a licence, the LTA may —(a) on payment of —(i) a licence fee (if prescribed), grant the applicant the licence applied for; or (ii) a renewal fee or late renewal fee (if prescribed), renew the licence; or (b) refuse to grant or renew the lic

• § 32 — Validity of licences

  32.—(1) Every licence is to be in such form as the LTA may determine.(2) Every licence granted or renewed under this Part is to continue in force for such period as may be specified in the licence unless it is earlier cancelled or suspended under section 39. —(1) Every licence is to be in such form

• § 33 — Restriction on transfer of licence

  33.—(1) A licence, and any right, benefit or privilege of the licensee under the licence, are not capable of being transferred or assigned.(2) A transfer or an assignment, or a purported transfer or assignment, of a licence, or of any right, benefit or privilege of the licensee under the licence, is

• § 34 — Conditions of licences

  34.—(1) In granting a licence to any person, the LTA may impose such conditions as the LTA considers requisite or expedient having regard to the purposes of this Act, and the relevant bilateral railway agreement relating to the licence.(2) In particular, in granting a railway assets operating licenc

• § 35 — Modification of conditions of licence

  35.—(1) Subject to this section, the LTA may modify the conditions of a licence without compensating the licensee to whom the licence is granted.(2) Before making any modification to the conditions of a licence under subsection (1), the LTA must give notice to the licensee concerned —(a) stating tha

• § 36 — Codes of practice

  36.—(1) The LTA may, from time to time —(a) issue one or more codes of practice applicable to licensees; (b) approve as a code of practice applicable to licensees any document prepared by a person other than the LTA if it considers the document suitable for this purpose; or (c) amend or revoke any

• § 37 — Directions affecting licensees

  37.—(1) The LTA may give directions to be observed by a licensee for or in respect of the following matters:(a) the maintenance and operation of the cross-border railway specified in the licence of the licensee; (b) the safety of passengers travelling on or persons who use, or who are engaged in an

• § 38 — Provisional orders for securing compliance

  38.—(1) Subject to subsections (5) and (6), where it appears to the LTA that —(a) a licensee is contravening, or is likely to contravene —(i) any of the conditions of its licence; or (ii) any code of practice applicable to the licensee; or (b) a licensee has failed to secure the compliance by its

• § 39 — Suspension or cancellation of licence, etc.

  39.—(1) Subject to subsection (2), if any licensee for a cross‑border railway —(a) contravenes or fails to comply with, or fails to secure the compliance by its employees, agents or subcontractors with —(i) any of the conditions of its licence; (ii) any code of practice applicable to the licensee;

• § 4 — Cross‑border railway to be constructed according to railway plans and maps

  4. The railway infrastructure and railway assets for a cross‑border railway must be constructed and maintained within the railway area shown in and according to the plans and maps prepared under section 5(1) or any amended or substitute plan or map prepared under section 5(5).

• § 40 — Appeal to Minister

  40.—(1) Any licensee aggrieved by —(a) any licence condition imposed by the LTA under section 34(2) or (3); (b) any modification of the conditions of its licence under section 35; (c) any direction given by the LTA under section 37; (d) any decision made by the LTA under section 39(1)(i) or (ii);

• § 41 — Outstanding fees, penalties, etc.

  41.—(1) If —(a) any fee imposed under section 31 in respect of a licence is not paid in full by the due date for payment; or (b) any financial penalty imposed under section 39(1)(ii) in respect of a licensee is not paid in full by the due date for payment, interest at the prescribed rate is payabl

• § 42 — Submission of reports, accounts, etc.

  42.—(1) Within 3 months after the end of each financial year of a licensee or such longer period as the LTA may in writing allow on any particular instance, the licensee must deliver to the LTA —(a) a report of its operations during that financial year containing such information as is necessary to

• § 43 — Submission of further information

  43. The LTA may, by order in writing, require a licensee to submit such further or additional information as it may deem necessary with reference to any report, accounts or information forwarded by that licensee under section 42, and that further or additional information must be submitted within su

• § 44 — LTA to be informed of industrial disputes, etc.

  44. It is the duty of every licensee, at all times, to inform the LTA immediately of the following matters:(a) any industrial dispute between the licensee and its employees; (b) any fire occurrence within the premises it carries out activities authorised under its licence; (c) any proceeding or cl

• § 45 — Notice of intended opening of cross-border railway

  45.—(1) Subject to subsection (2), the concessionaire under a concession agreement granted under Part 3 for a cross‑border railway, or the LTA if no concession agreement is granted, must at least 3 months before the intended date of opening of the cross‑border railway —(a) cause notice to be given i

• § 46 — Minister to approve opening of railway

  46.—(1) A cross-border railway must not be opened except with the Minister’s approval.(2) The Minister may refuse an application under section 45(1) to open a cross‑border railway if there is no satisfactory report by an independent verification and validation agent about the cross‑border railway.

• § 47 — Creation of rights in, under or over land

  47.—(1) From the date of publication in the Gazette of an order of creation of a right under this subsection —(a) the concessionaire or, the LTA if there is no concession agreement for a cross‑border railway; (b) the railway assets operator for a cross‑border railway; and (c) the train service ope

• § 48 — Tracks, etc., are not fixtures

  48. Every track, installation or plant used for a cross‑border railway and placed under, over, along, across, in or upon any property by the LTA, a concessionaire or a railway assets operator in the discharge of their functions under this Act remains the property of the LTA, concessionaire or railwa

• § 49 — Appointment of independent safety auditor

  49. The LTA must, in accordance with the relevant bilateral railway agreement for the cross‑border railway in question, jointly appoint an individual as the independent safety auditor for the cross‑border railway.

• § 5 — Preparation and publishing of railway plans and maps

  5.—(1) Before the construction of any railway infrastructure or railway asset for a cross‑border railway begins, the LTA must cause plans and maps to be prepared in such detail and with such markings and endorsements on the plans and maps as are sufficient to delineate the area within Singapore (cal

• § 50 — Appointment of rail safety inspectors

  50.—(1) The LTA may, in writing, appoint as rail safety inspectors any of the following persons:(a) any employee of the LTA with suitable qualifications and experience to properly exercise the powers of a rail safety inspector; (b) any individual who is not an employee of the LTA and has suitable q

• § 51 — Safety inspections and monitoring

  51.—(1) The LTA or independent safety auditor may, by notice in writing, require, after the opening of a cross‑border railway —(a) any licensee for the cross-border railway; (b) the concessionaire for the cross-border railway; or (c) a subcontractor of a licensee for the cross‑border railway, to

• § 52 — Power of entry to premises, trains, etc.

  52.—(1) For the purpose of finding out whether an applicable requirement of this Act is being complied with, every rail safety inspector has the right of access, at any reasonable time, to the following:(a) any railway infrastructure of a cross‑border railway; (b) any railway asset of a cross‑borde

• § 53 — Obstructing rail safety inspectors, etc.

  53.—(1) A person who refuses to give access to, or obstructs, hinders or delays —(a) the independent safety auditor; or (b) a rail safety inspector, in the discharge of his or her duties under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 o

• § 54 — Interpretation of this Division

  54. In this Division, unless the context otherwise requires —“accident” means an accident associated with the operation of any railway infrastructure or a cross‑border train or other railway asset where —(a) a cross-border train is destroyed or seriously damaged as a result; (b) an individual dies

• § 55 — Compulsory reporting of accidents, etc., on cross‑border railway

  55.—(1) This section applies where —(a) an accident or a serious incident occurs in Singapore; or (b) an accident or a serious incident occurs outside Singapore involving a train operated by a licensee holding a cross‑border train service licence. (2) If a relevant person has knowledge of an accid

• § 56 — Service suspension order

  56.—(1) Where it appears to the Minister that —(a) there is a serious and imminent risk to travel on a cross‑border railway because of an accident, a malfunction, natural disaster, terrorist act or other exceptional reason; and (b) it is appropriate or requisite, to avoid any actual or imminent occ

• § 57 — Reopening railway after service suspension order

  57.—(1) A cross-border railway which has been closed under section 56 must not be reopened when the service suspension order has effect, except with the Minister’s approval.(2) The Minister may refuse approval to reopen a cross‑border railway if there is no satisfactory report by a rail safety inspe

• § 58 — Cross-border railway security agency

  58. The Minister may designate a person or body of persons to be the cross‑border railway security agency for the purposes of this Act.

• § 59 — Security directives

  59.—(1) The cross-border railway security agency may, by a security directive, require any of the following persons to carry out, within the time delimited by the security directive, such security measures as the cross‑border railway security agency may specify in the security directive:(a) any lice

• § 6 — Railway plans and maps are final as to railway area

  6.—(1) No person has a right of objection to the delineation of land as railway area in any plan or map prepared under section 5(1) or to any amended plan or map or substitute plan or map prepared under section 5(5).(2) The fact that land is so delineated in any plan or map prepared for the purposes

• § 60 — Powers of cross-border railway security agency

  60.—(1) For the purposes of ensuring the security of any cross‑border railway in Singapore, the cross‑border railway security agency or a police officer authorised by the cross‑border railway security agency may —(a) enter and inspect —(i) any part of a cross‑border railway or a cross‑border train;

• § 61 — Passenger, etc., searches on railway

  61.—(1) Without affecting section 60, for the purposes of ensuring the security of persons on any cross‑border railway in Singapore (whether or not passengers), a railway official may, without giving any reason, ask any individual in —(a) a train station of a cross-border railway; or (b) a cross‑bo

• § 62 — Offence of wilfully endangering safety

  62. Any person who wilfully does or omits to do anything in relation to any cross‑border railway as a result of which the safety of any individual travelling or being upon the railway is endangered, or is likely to be so endangered, shall be guilty of an offence and shall be liable on conviction to

• § 63 — Damage to railway

  63. Any person who wilfully removes, destroys or damages any part of a cross‑border railway shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both.

• § 64 — Obstructing cross-border railway security agency, etc.

  64.—(1) A person who refuses to give access to, or obstructs, hinders or delays —(a) the cross-border railway security agency; (b) a police officer authorised by the cross‑border railway security agency to exercise powers under this Part; (c) an auxiliary police officer who is authorised in writin

• § 65 — Administration of Act

  65.—(1) It is the function of the LTA to administer this Act.(2) The Minister may give to the LTA directions as to the performance by the LTA of its functions under this Act, and the LTA must give effect to those directions. —(1) It is the function of the LTA to administer this Act. (2) The Ministe

• § 66 — Service of documents

  66.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.(2) A document permitted or required by this Act to be served on an individual may be served —(a) by giving it to the individual personally; (b) by sending it by prepaid

• § 67 — Certain statements to be conclusive

  67. Where it is stated by the LTA in a notice under section 8, 9, 10, 11 or 12 that the entry or the work described in the notice or required to be carried out is, in the opinion of the LTA, necessary or required for the construction, maintenance, operation or improvement of the railway infrastructu

• § 68 — Power to require evidence of identity in certain cases

  68.—(1) Any police officer or employee of the LTA who reasonably believes that any person has committed an offence under this Act may require the person to furnish evidence of his or her identity, and that person must then furnish such evidence of his or her identity as may be required by such polic

• § 69 — Powers of arrest

  69.—(1) A police officer, or any employee of the LTA generally or specially authorised in writing by the Chief Executive of the LTA, may arrest without warrant any person found committing or whom the police officer or authorised employee of the LTA has reason to believe has committed an offence puni

• § 7 — Power to enter State land to construct, etc., railway

  7. The LTA or any person it authorises for the purpose of this section may do all or any of the following for the purpose of constructing, maintaining, operating or improving the railway infrastructure or railway assets of any cross‑border railway:(a) at any reasonable time, enter upon any State lan

• § 70 — Jurisdiction of courts

  70. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.

• § 71 — Offences by corporations

  71.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — (a) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparen

• § 72 — Offences by unincorporated association or partnership

  72.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — (a) an employee or agent of the unincorporated association or the partnership engaged in tha

• § 73 — Composition of offences

  73.—(1) The Chief Executive, or any officer of the LTA authorised by the Chief Executive for the purpose of this section, may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not ex

• § 74 — Exemption

  74. The Minister may, by order in the Gazette, exempt any person or class of persons from all or any provisions of Part 9, either generally or in a particular case and subject to such conditions as the Minister considers fit.

• § 75 — Regulations

  75.—(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the Minister may make regulations for any of the following:(a) regulating the management of railway assets of a cross‑border railway and the provision o

• § 76 — Interface with other laws

  76.—(1) This Act does not apply to any railway that is the subject of regulation under the following written laws:(a) the Railways Act 1905; (b) the Rapid Transit Systems Act 1995. (2) Nothing in this Act affects any power of the LTA to construct and maintain any street, road structure or road rel

• § 78 — Amendments to Land Transport Authority of Singapore Act

  78. The Land Transport Authority of Singapore Act (Cap. 158A, 1996 Revised Edition) is amended —(a) (b) (c) by inserting, immediately after paragraph (l) of section 6(1), the following paragraph:“(la) to approve and regulate the operation of the railway in accordance with this Act and the Cross‑Bo

• § 8 — Power to enter private land to construct, etc., railway

  8.—(1) This section applies only to land which is not State land, and land which is not owned by the LTA.(2) The LTA or any person it authorises for the purposes of this section may do all or any of the following for the purpose of constructing, maintaining, operating or improving the railway infras

• § 9 — Power to enter land for pre-construction survey, etc.

  9.—(1) Subject to subsection (3), the LTA or a person it authorises for the purposes of this section may, at reasonable times, enter any land or building described in subsection (2) in order to carry out all or any of the following:(a) survey and take levels of the land; (b) set out the line of any