Power to access common services tunnel
Open ↗9.—(1) An authorised person may enter any land situated within a common services tunnel area in order —(a)
to carry out any inspection or survey of the common services tunnel within that area or any ancillary facility of such a common services tunnel; and
(b)
to carry out any work and do all things necessary for —(i)
the maintenance and repair of the common services tunnel within that area or any ancillary facility of such a common services tunnel, or both; or
(ii)
the laying, placing, installing, housing, maintenance and repair of utility services infrastructure within the common services tunnel within that area.
(2) For the purposes of subsection (1), an authorised person must not enter any land that is occupied without giving the owner or occupier of the land at least 7 days’ notice of intention to do so unless —(a)
the authorised person 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.
(3) A notice of intention mentioned in subsection (2) —(a)
must describe the purpose of the entry and the nature of any work to be carried out; and
(b)
is, despite section 22, deemed to be given to and received by an owner or occupier of the land if a written notice is affixed to a conspicuous part of the land to be entered.
(4) The authorised person may —(a)
as the occasion requires and without notice, enter and re‑inspect and re‑survey any land in respect of which any of the powers contained in subsection (1) have been exercised; and
(b)
in relation to that land, exercise such powers as often as the occasion may require.
(5) Any authorised person under this section entering any land must, if so required by the owner or occupier of the land, produce evidence of the authorised person’s authority before so entering.
(6) An authorised person is not liable to pay any owner or occupier of any private land any fee, charge or expense on account of any entry to the land or of anything done to the land under this section.
(7) In this section —“authorised person” means —(a)
an authorised officer; or
(b)
any of the following persons authorised in writing by an authorised officer for the purposes of this section:(i)
a public officer;
(ii)
an employee of a public authority;
(iii)
a contractor;
(iv)
a supplier of utility services which utility services infrastructure are, or are required to be, laid, placed, installed or housed within a common services tunnel;
(v)
an employee or agent of a contractor mentioned in sub‑paragraph (iii) or of a supplier of utility services mentioned in sub‑paragraph (iv);
“contractor” means a person appointed or engaged by a CST Authority or a public authority to do one or both of the following:(a)
to carry out inspections or surveys of a common services tunnel or any ancillary facility of a common services tunnel;
(b)
to carry out work, and do all things necessary, for the maintenance and repair of a common services tunnel or any ancillary facility of a common services tunnel.
Power to prevent obstruction to ancillary structures of common services tunnel
Open ↗10.—(1) A person must not, without the written approval of an authorised officer —(a)
erect or place any structure or object across or within any ancillary structure of a common services tunnel that is within a common services tunnel area; or
(b)
obstruct or cause an obstruction to any ancillary structure of a common services tunnel that is within a common services tunnel area.
(2) If any structure or object is erected or placed, or any obstruction is caused, in contravention of subsection (1), an authorised officer may by order in writing require a specified person, within such time as may be specified in the order, to —(a)
remove the structure, object or obstruction; and
(b)
return the ancillary structure of the common services tunnel to its original state and condition.
(3) An authorised officer may cause the structure, object or obstruction mentioned in subsection (1) to be removed —(a)
if the specified person fails to comply with the order under subsection (2); or
(b)
if access to or through the ancillary structure of a common services tunnel is required immediately.
(4) The cost of removing a structure, object or obstruction may be recovered by the authorised officer as a civil debt in a court of competent jurisdiction —(a)
where the structure, object or obstruction was removed under subsection (3)(a), from the specified person to whom the order under subsection (2) was served; or
(b)
where the structure, object or obstruction was removed under subsection (3)(b), from the owner or occupier of the land from which the structure, object or obstruction was removed.
(5) A person who contravenes subsection (1), or a specified person who fails to comply with an order under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
(6) In this section, “specified person” means any one or more of the following:(a)
a person who erected or placed the structure or object, or who obstructs or is causing or caused the obstruction, mentioned in subsection (1);
(b)
the owner or occupier of the land within a common services tunnel area on or in which any ancillary structure of a common services tunnel is located;
(c)
any other person having the power to remove the structure, object or obstruction mentioned in subsection (1).
(7) For the purposes of this section, a reference to a person or specified person does not include the Government, a public authority, or a person acting on behalf of the Government or a public authority.
Power to require upkeep of ancillary structures
Open ↗11.—(1) An owner or occupier of land within a common services tunnel area on or in which any ancillary structure of a common services tunnel is located must take reasonable measures to keep and maintain the ancillary structure of a common services tunnel within the owner’s or occupier’s land in good and serviceable repair.
(2) An authorised officer may by order in writing require the owner or occupier of the land mentioned in subsection (1) to take such measures and carry out such works, within the time specified in the order, as the authorised officer thinks reasonably necessary to keep and maintain any ancillary structure of a common services tunnel within the owner’s or occupier’s land in good and serviceable repair.
(3) The cost of any measures or works required to be carried out by an order under subsection (2) must be borne by the owner or occupier of the land on whom the order is served.
(4) An owner or occupier of the land who, without reasonable excuse, contravenes subsection (1) or fails to comply with an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
(5) Where an owner or occupier of the land on whom an order under subsection (2) is served fails to comply with the order, an authorised officer, or a person authorised by the authorised officer for the purposes of this section, may, at any reasonable time, or at such other time as may be agreed with the owner or occupier of the land, enter the land, and take such measures and execute such work as may be necessary to secure compliance with the order but without affecting any proceedings that may be taken against that owner or occupier under subsection (4).
(6) Any expenses reasonably incurred by the authorised officer, or by the person authorised by the authorised officer, under subsection (5) may be recovered from the owner or occupier of the land who failed to comply with the order served under subsection (2) as a civil debt in a court of competent jurisdiction.
(7) For the purposes of this section, a reference to the owner or occupier of land does not include the Government or a public authority.
Engineering works within common services tunnel protection zone
Open ↗12.—(1) A person must not, without the prior written approval of an authorised officer, carry out any engineering works within a common services tunnel protection zone.
(2) The approval of an authorised officer under subsection (1) may be subject to such conditions as the authorised officer considers necessary, including any condition —(a)
to prevent damage by those engineering works to any common services tunnel, or any ancillary facility of the common services tunnel, or both; and
(b)
to ensure the safe and efficient operation and functioning of any common services tunnel, or any ancillary facility of the common services tunnel, or both.
(3) Without limiting subsection (2), the conditions that may be imposed by an authorised officer include the construction, in accordance with the specifications of the authorised officer, of such temporary or permanent structures in addition to or in place of any existing part of any ancillary facility of the common services tunnel.
(4) A modification to an ancillary facility of the common services tunnel, or a replacement of an ancillary facility of the common services tunnel, made pursuant to a condition of approval under subsection (2) is to be treated as if it were one and the same as the original ancillary facility of the common services tunnel, and as subject to this Act as such.
(5) Where any works or other activity is carried out in contravention of subsection (1) or any condition imposed under subsection (2), an authorised officer may, by order in writing, require any specified person to do one or more of the following:(a)
immediately stop carrying on those engineering works, either indefinitely or for a period specified in the order;
(b)
carry out, within a time specified in the order, such works as the authorised officer thinks necessary to protect the common services tunnel and any ancillary facility of the common services tunnel;
(c)
return the common services tunnel, and any ancillary facility of the common services tunnel, to its original state and condition within a time specified in the order.
(6) Where a specified person on whom an order under subsection (5)(b) or (c) is served fails to comply with the order, an authorised officer, or a person authorised by the authorised officer for the purposes of this section, may, at any reasonable time, or at such other time as may be agreed with the owner or occupier of the land to which the order relates, enter the land, and take such measures and execute such work as may be necessary to secure compliance with the order but without affecting any proceedings that may be taken against that specified person under subsection (8).
(7) Any expenses reasonably incurred by the authorised officer, or by the person authorised by the authorised officer, under subsection (6) may be recovered from the person who failed to comply with the order served under subsection (5)(b) or (c) as a civil debt in a court of competent jurisdiction.
(8) A person who contravenes subsection (1) or fails to comply with any condition imposed under subsection (2), or a specified person who fails to comply with an order under subsection (5), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
(9) In this section —“common services tunnel protection zone” means an area within the CST area for a common services tunnel —(a)
declared by a CST Authority for the CST area as an area where engineering works may affect the safe and efficient operation and functionality of the common services tunnel or any ancillary facility of the common services tunnel; and
(b)
made available to a person seeking to carry out engineering works in the CST area in the prescribed manner;
“engineering works” means any kind of construction work that may affect the structural integrity of a common services tunnel or any ancillary facility of a common services tunnel, or its safe and efficient operation and functioning, and includes —(a)
building works as defined in section 2(1) of the Building Control Act 1989;
(b)
any act of excavating earth, rock or other material (by whatever means) in connection with —(i)
any work for or relating to the construction, reconstruction, extension, renovation, alteration, demolition or repair of any building, structure, road, railway, bridge, viaduct, flyover, drain or sewer;
(ii)
any work for or relating to the laying, inspecting, repairing or renewing of any main, pipe, cable, fittings or other apparatus; or
(iii)
any soil investigation work;
(c)
any act of boring, dredging, jacking, levelling, piling or tunnelling on or under any land or street by any mechanical means;
(d)
the driving or sinking of any earth rod, casing or tube into the ground; and
(e)
any storage or placement of large construction equipment, construction materials and stockpiling of earth or heavy objects;
“specified person” means any one or more of the following:(a)
the person who does or causes or permits to be done any of the works mentioned in subsection (1);
(b)
the owner or occupier of the land on which the works mentioned in subsection (1) are carried on.
(10) For the purposes of this section, a reference to a person or specified person does not include the Government, a public authority, or a person acting on behalf of the Government or the public authority.
Mandating use of common services tunnel
Open ↗13.—(1) Without limiting section 12, a supplier of utility services must not lay, place or install, or cause to be laid, placed or installed, on, under or over any public land within a common services tunnel area any utility services infrastructure without the written approval of an authorised officer.
(2) An application for written approval under subsection (1) must be made in such manner as may be determined by the authorised officer from whom approval is sought.
(3) An application for written approval under subsection (1) may be granted subject to such conditions as the authorised officer considers fit.
(4) If an authorised officer considers that it is necessary for the supplier’s utility services infrastructure, or any part of the supplier’s utility services infrastructure, to be laid, placed or installed, or otherwise housed, within a common services tunnel of the common services tunnel area, the authorised officer may require, as a condition precedent for the grant of written approval under subsection (1), that the supplier of utility services execute an agreement for the use of the common services tunnel for purpose for laying, placing or installing, or otherwise housing, the utility services infrastructure with —(a)
the Government; or
(b)
if the common services tunnel is owned by a person other than the Government, that person.
(5) A supplier of utility services who —(a)
contravenes subsection (1); or
(b)
breaches any condition subject to which written approval was granted under subsection (3),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
(6) In this section, “supplier of utility services” does not include the Government or a public authority.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
