§ 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 operator for a cross‑border railway,

may enter upon such land within the railway area for that cross‑border railway as described in the order (not being State land or land belonging to the LTA), and exercise such permanent rights in, under or over such land or such rights of temporary occupation of the land as may be specified in the order.

(2) Any right mentioned in an order under subsection (1) is limited to a right conferring such rights and powers as are necessary or convenient —(a)

in the case of the concessionaire or, the LTA if there is no concession agreement granted, for the purposes of and incidental to constructing, maintaining, operating and improving the railway infrastructure of a cross‑border railway specified in the order;

(b)

in the case of the railway assets operator for a cross‑border railway, for the purposes of and incidental to management of the railway assets of, and providing network services for, the cross‑border railway specified in the order; and

(c)

in the case of the train service operator for a cross‑border railway, for the purposes of and incidental to providing a cross‑border train service on the cross‑border railway specified in the order.

(3) Subject to this section, the LTA may, by order in the Gazette, declare that land within the railway area for a cross‑border railway as described in the order (not being State land or land belonging to the LTA), is set aside for use by members of the public as an entrance to or exit from a train station of a cross‑border railway, but without derogating from any right of passage conferred by the common law.

(4) An order made under this section attaches to the land and is binding on all persons who from time to time have an interest in the land.

(5) An order made under this section must —(a)

be made by the LTA;

(b)

describe the right in, under or over land, the right of temporary occupation or the public’s right of passage, as the case may be, and the area of land subject to such right; and

(c)

state particulars of the places and times at which a copy of a plan of the area of land subject to such right may be inspected.

(6) In addition, an order made under subsection (3) may —(a)

provide for periods during which the entrance to or exit from a train station is closed; and

(b)

include terms and conditions as to the use and management of the entrance or exit.

(7) An order made under this section may be amended at any time.

—(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 operator for a cross‑border railway,

may enter upon such land within the railway area for that cross‑border railway as described in the order (not being State land or land belonging to the LTA), and exercise such permanent rights in, under or over such land or such rights of temporary occupation of the land as may be specified in the order.

(2) Any right mentioned in an order under subsection (1) is limited to a right conferring such rights and powers as are necessary or convenient —(a)

in the case of the concessionaire or, the LTA if there is no concession agreement granted, for the purposes of and incidental to constructing, maintaining, operating and improving the railway infrastructure of a cross‑border railway specified in the order;

(b)

in the case of the railway assets operator for a cross‑border railway, for the purposes of and incidental to management of the railway assets of, and providing network services for, the cross‑border railway specified in the order; and

(c)

in the case of the train service operator for a cross‑border railway, for the purposes of and incidental to providing a cross‑border train service on the cross‑border railway specified in the order.

(3) Subject to this section, the LTA may, by order in the Gazette, declare that land within the railway area for a cross‑border railway as described in the order (not being State land or land belonging to the LTA), is set aside for use by members of the public as an entrance to or exit from a train station of a cross‑border railway, but without derogating from any right of passage conferred by the common law.

(4) An order made under this section attaches to the land and is binding on all persons who from time to time have an interest in the land.

(5) An order made under this section must —(a)

be made by the LTA;

(b)

describe the right in, under or over land, the right of temporary occupation or the public’s right of passage, as the case may be, and the area of land subject to such right; and

(c)

state particulars of the places and times at which a copy of a plan of the area of land subject to such right may be inspected.

(6) In addition, an order made under subsection (3) may —(a)

provide for periods during which the entrance to or exit from a train station is closed; and

(b)

include terms and conditions as to the use and management of the entrance or exit.

(7) An order made under this section may be amended at any time.