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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).
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 (called in this Act the railway area) —(a) within which land may be acquired; or (b) within which rights in, under or over land may be exercised by the LTA or a concessionaire or licensee under this Act, for the purpose of or incidental to constructing, maintaining, operating and improving the railway infrastructure or managing the railway assets of, or providing a network service or passenger train service on, that cross‑border railway. (2) Every plan and map prepared under subsection (1) must be approved by the competent authority. (3) An abstract of every plan and map prepared under subsection (1) that is approved by the competent authority under subsection (2) must —(a) be signed by an authorised officer of the LTA; (b) be deposited with the competent authority; and (c) be made available for inspection by the public free of charge at the office of the LTA, during the normal operating hours of the LTA. (4) The LTA must, within 21 days after the deposit under subsection (3)(b) with the competent authority of an abstract of a plan and map, cause a notice of the deposit to be published in the Gazette containing —(a) a general description of the plan and map; and (b) particulars of the places and times at which an abstract of the plan and map may be inspected by the public in conformity with subsection (3)(c). (5) Any plan or map prepared under subsection (1) may, from time to time —(a) be amended; or (b) be replaced by a substitute plan or map. (6) Subsections (2), (3) and (4) apply to every amended plan or map or every substitute plan or map (as the case may be) as if it were the original plan or map prepared under subsection (1), and the reference in subsection (4)(a) to a general description of a plan or map must also include a description of the nature and extent of the amendment or substitution. (7) Sections 3 and 4 of the Land Acquisition Act 1966 are applicable to the lands likely to be delineated in any plan or map prepared for the purposes of subsection (1), or in any amended plan or map or substitute plan or map prepared under subsection (5), as being within the railway area. (8) The reference to a competent authority —(a) in subsection (2) is a reference to the competent authority appointed under section 5 of the Planning Act 1998 in respect of the review of the Master Plan under that Act; and (b) in subsections (3)(b) and (4) is a reference to the competent authority appointed under section 5 of the Planning Act 1998 in respect of the development of land.
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 of section 5(1), or in any amended plan or map or substitute plan or map prepared under section 5(5), as being within the railway area is for all purposes conclusive evidence that —(a) the land may be required to be acquired; or (b) rights in, under or over the land may need to be exercised by the LTA or a concessionaire or licensee under this Act, for the purpose of or incidental to constructing, maintaining, operating and improving the railway infrastructure or managing the railway assets of, or providing network services or train services on, a cross‑border railway subject to this Act. (3) Such of the lands shown in any plan or map prepared under section 5(1), or any amended plan or map or substitute plan or map prepared under section 5(5), as within the railway area are to be treated as land required for a public purpose within the meaning of the Land Acquisition Act 1966.
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 land within or adjoining the railway area and take possession of that land; (b) subject to the approval of the Commissioner of Lands, do all things as are reasonably necessary for constructing, maintaining, operating or improving the railway infrastructure or railway assets of the cross‑border railway on, under or over the State land, including —(i) removing any building, or any object or structure or vegetation from the land; (ii) digging or boring of a tunnel under the land and erecting any building, object or structure over or under the land; (iii) underpinning or strengthening a building; and (iv) constructing railway passenger facilities on, under or over that land.
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 infrastructure of any cross‑border railway:(a) subject to subsection (3), enter upon the land within or adjoining the railway area and take possession of that land; (b) do all things as are reasonably necessary for constructing, maintaining, operating or improving the railway infrastructure of the cross‑border railway on, under or over the land, including —(i) removing any building, or any object or structure or vegetation from the land; (ii) digging or boring of a tunnel under the land and erecting any building, object or structure over or under the land; (iii) underpinning or strengthening a building; and (iv) constructing railway passenger facilities on, under or over that land. (3) The LTA or person authorised must not exercise any power conferred by subsection (2) in respect of any land unless every owner and occupier of the land is given at least 2 months’ notice of the intention to exercise a power conferred by that subsection. (4) A notice mentioned in subsection (3) must —(a) give a brief description of the works which the LTA proposes to carry out on the land; (b) state the estimated period during which the LTA intends to occupy or take possession of the land; (c) describe the area or extent of the land needed for the carrying out of the works mentioned in paragraph (a); and (d) state that any person entitled to compensation under the Land Transport Authority of Singapore Act 1995 may serve a written claim on the LTA. (5) The ownership of anything is not altered by reason only that it is placed in, under, over or affixed to any land in exercise of a right conferred upon the LTA by this section.
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 works reasonably necessary for constructing, maintaining, operating or improving the railway infrastructure of the cross‑border railway; (c) dig or bore into the soil for the purpose of determining whether the soil is suitable for constructing, maintaining, operating or improving the railway infrastructure of the cross‑border railway on, under or over the land; (d) inspect any object or structure for the purpose in section 12(1). (2) The land or building in respect of which a power under this section may be exercised is any land or building within the railway area in respect of which a notice has been published in the Gazette in accordance with section 5 of the Land Acquisition Act 1966 but the land or building has not vested in the State. (3) The LTA or person authorised must not exercise any power conferred by subsection (1) in respect of any land or building unless every owner and occupier of the land or building is given at least 14 days’ notice of the intention to exercise a power conferred by that subsection.
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 condition of the land or building before or during the construction, maintenance or operation of, or improvement to, the railway infrastructure of a cross‑border railway; (b) carry out all reasonably necessary work of a preventative or remedial nature; (c) inspect the railway infrastructure of the cross‑border railway which has been constructed on, over or under the land or building; (d) carry out all reasonably necessary work for the purpose of maintaining or operating the railway infrastructure of the cross‑border railway, causing as little damage as possible and paying compensation to any person affected for any damage that may be caused. (2) The land or building in respect of which a power under this section may be exercised are the following:(a) any land or building situated wholly or partly within the railway area; (b) any land or building situated wholly or partly within 150 metres of the railway area. (3) The LTA or person authorised must not exercise any power conferred by subsection (1) in respect of any land or building unless every owner and occupier of the land or building is given at least 7 days’ notice of the intention to exercise a power conferred by that subsection. (4) However, subsection (3) does not apply if —(a) the LTA is of the opinion that an emergency exists which necessitates immediate entry; or (b) the entry is required only for the purpose of an inspection or a survey. (5) A notice of entry mentioned in subsection (3) —(a) must describe the purpose of the entry and the nature of any work to be carried out; and (b) is deemed to be given to and received by an owner or occupier if a written notice is affixed to a conspicuous part of the land or building to be entered. (6) In subsection (1)(b), “work of a preventative or remedial nature” means the underpinning or strengthening of any land or building and other work on the land or building (as the case may be) intended to render it reasonably safe or to repair or detect damage caused in the course of the construction, maintenance, operation or improvement of the railway infrastructure of a cross‑border railway. (7) The decision of the LTA that any work is of a preventative or remedial nature or that such work or any inspection or survey is reasonably necessary is final. (8) The LTA, or any person acting under its authority, may —(a) as the occasion requires, enter and re‑inspect and re‑survey any land or building in respect of which any of the powers contained in subsection (1) have been exercised; and (b) in relation to that land or building, exercise such powers as often as the occasion may require.
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, tube, casing, duct or post) which belongs to or is maintained by that owner or supplier; and (b) repair any street surface disturbed by such alteration, if, in the opinion of the LTA, the alteration is required for the purposes of the construction, maintenance, operation or improvement of the railway infrastructure of any cross‑border railway. (2) A notice under subsection (1) must —(a) specify the structure or apparatus to which the notice applies and set out the requirements of the LTA as to the alteration of its course or position and the repair of any street surface; (b) stipulate the period within which such work is to be carried out; (c) be served upon the owner or supplier at least one month before the start of that period in paragraph (b); and (d) state that any person entitled to compensation under the Land Transport Authority of Singapore Act 1995 may serve a written claim on the LTA.
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 opinion of the LTA the removal of the object or structure is reasonably necessary for constructing, maintaining, operating or improving the railway infrastructure of a cross‑border railway. (2) A notice under subsection (1) is taken to be given to and received by an owner if a written notice is affixed to a conspicuous part of the land or building that the object or structure is erected on, or attached to or projects from. (3) A notice under subsection (1) must —(a) describe the object or structure to be removed; (b) stipulate the period within which the work of removal is to be carried out; (c) be given to the owner of the land or building not later than 28 days before the start of that period in paragraph (b); and (d) state that any person entitled to compensation under the Land Transport Authority of Singapore Act 1995 may serve a written claim on the LTA. (4) If the owner of the land or building does not comply with a notice given to the owner under subsection (1), any person authorised in that behalf by the LTA (called in this section the authorised person) may enter the land or building, together with such other persons as the authorised person thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons.
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, hinders or delays, an individual authorised under this Division in the exercise of his or her power conferred under this Division shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
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 of railway traffic on a cross‑border railway; (b) any railway infrastructure on, under or over that bridge, and such roadways and footways as the Minister deems expedient. (2) A railway assets operator for a cross‑border railway may, with the approval of the Minister, construct or authorise to be constructed on a bridge mentioned in subsection (1), railway assets necessary for the purpose of the cross‑border railway. (3) Every bridge mentioned in subsection (1) must be constructed and maintained in accordance with the plans and maps prepared under section 5(1) or any amended plan or map or substitute plan or map prepared under section 5(5).
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), if the owner considers that he or she suffers substantial impairment of his or her rights in the lands in paragraphs (a) and (b) because of the taking of that possession. (2) If there is more than one owner of the land concerned, the notice under this section must be given by all the owners. (3) Any notice under this section is irrevocable once given to the LTA. (4) For the purposes of this section and section 16, land (called A land) is related to other land possession of which is or has been taken in accordance with section 8 (called in this section and section 16 temporarily occupied land) if the A land is the remainder of a parcel of land part of which is the temporarily occupied land. (5) In this section and section 16 —“owner”, in relation to any land, means —(a) a person who has the fee simple estate in the land; (b) a person who is the grantee or lessee under a State title for the land; (c) a person who has become entitled to exercise a power of sale of the land; or (d) a person in occupation of the land under a tenancy the term of which exceeds 7 years; “parcel of land” means the whole area of land that —(a) is the subject of a separate certificate of title registered under the Land Titles Act 1993; or (b) is a lot in a lawful division of land and capable of being separately held by any owner, and where a single building is erected on 2 or more such adjoining lands or lots mentioned in paragraph (a) or (b), includes the area comprised in those lands or lots, as the case may be.
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 under section 49 of that Act. (2) The provisions of sections 49 and 49A of the Land Acquisition Act 1966 apply (so far as relevant) to any land that is the subject of a notice under section 15(1) with the following exceptions, modifications and adaptations:(a) any reference in those sections to any land that is the subject of a notice under section 49(1) of the Land Acquisition Act 1966 must be read as a reference to the land that is the subject of a notice under section 15(1); (b) any reference in those sections to land temporary possession of which is or has been taken under section 42 of the Land Acquisition Act 1966 must be read as a reference to any land possession of which is or has been taken in accordance with section 8; (c) any reference in those sections to an owner of land must be read as a reference to an owner of land mentioned in section 15; (d) any reference in section 49A of the Land Acquisition Act 1966 to a claim period for any land temporary possession of which is or has been taken in accordance with a direction under section 42 of that Act must be read as a reference to one year starting from either of the following dates:(i) the date of the notice under section 8 relating to that land; (ii) the date of the expiry of the term of possession in a notice under section 8 for the temporary occupation of the land, or the date the land is returned to the owner if earlier; (e) such other exceptions, modifications and adaptations as the differences between them necessarily require. (3) All compensation for the acquisition under the Land Acquisition Act 1966 of any land that is the subject of a notice under section 15 is to be paid out of the funds of the LTA.
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 time to time, provide funds by way of grants, subject to such conditions as the Minister for Finance may impose, to the concessionaire or LTA (as the case may be) out of moneys provided by Parliament.
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