Amendments to Planning Act 1998
Open ↗66. The Planning Act 1998 is amended —(a)
by deleting the words “and for the imposition of development charges on the development of land” in the long title;
(b)
by deleting the definition of “development charge” in section 2;
(c)
by inserting, immediately after section 21, the following section:“Full payment of land betterment charge may be condition precedent to written permission, etc.
21A. Despite any other provision in this Act, it is lawful for —(a)
the competent authority or Minister to refuse to grant written permission under section 14 for a development or subdivision of any land; or
(b)
the competent authority to refuse to accept a lodgment of any plans for a development or subdivision of any land authorised by notification in the Gazette made under section 21(6),
if any land betterment charge that is payable under the Land Betterment Charge Act 2021 with respect to the development or subdivision is not paid in full and where no deferment determination relating to the land betterment charge is in force.”;
(d)
by deleting the words “, 29 or 39(7)” in section 22A and substituting the words “or 29”;
(e)
by repealing Parts 5 and 5A;
(f)
by repealing section 50;
(g)
by deleting paragraph (a) of section 60(1); and
(h)
by deleting subsection (4) of section 62.
Amendments to Singapore Land Authority Act 2001
Open ↗67. The Singapore Land Authority Act 2001 is amended —(a)
by inserting, immediately after the words “recovery of” in section 6(1)(e)(iv), the words “any land betterment charge payable under the Land Betterment Charge Act 2021, and”;
(b)
by inserting, immediately after paragraph (e) of section 6(1), the following paragraph:“(ea)
to cooperate and collaborate with the competent authority in the discharge of its functions under the Planning Act (Cap. 232) or the Planning Act 1998, when it is revised and citable by that short title;”; and
(c)
by inserting, immediately after item 6 of the Third Schedule, the following item:“7. All provisions of the Land Betterment Charge Act 2021.”.
Saving and transitional provisions
Open ↗68.—(1) Despite section 66(e), this Act does not apply to or in relation to —(a)
any development charge that is payable under the Planning Act 1998 by virtue of an interim order served under section 38 or 39 of the Planning Act 1998 before the date of commencement of section 66(e), and in respect of which proceedings under that Act for its recovery have started before that date; or
(b)
any temporary development levy that is payable under the Planning Act 1998 by virtue of any notice requiring the payment of the amount of temporary development levy issued under section 40B of the Planning Act 1998 before the date of commencement of section 66(e), and in respect of which proceedings under that Act for its recovery have started before that date,
and that development charge or temporary development levy (as the case may be) continues to be recoverable under the Planning Act 1998 as if section 66(e) were not enacted.
(2) Where an appeal has been made to the Minister —(a)
under section 39(7) of the Planning Act 1998 before the date of commencement of section 66(e); and
(b)
the appeal has not been dealt with or disposed of immediately before that date,
the appeal may continue to be dealt with under Part 5 of the Planning Act 1998 as if section 66(e) had not been enacted.
(3) Except as provided in subsection (1) —(a)
every interim order or final order served under section 38 or 39 of the Planning Act 1998 before the date of commencement of section 66(e) requiring the payment of any development charge that is payable under the Planning Act 1998; and
(b)
every notice issued under section 40B of the Planning Act 1998 before the date of commencement of section 66(e) requiring the payment of any temporary development levy that is payable under the Planning Act 1998,
is, so far as it is not inconsistent with the provisions of this Act, to continue as if —
(c)
the interim order, final order and notice (as the case may be) are each a liability order or revised liability order given under this Act;
(d)
the development charge or temporary development levy that is the subject of the interim order, final order or notice (as the case may be) is a land betterment charge; and
(e)
the person given that interim order, final order or notice (as the case may be) is a taxable person.
(4) Despite any provision of this Act, where the liability of a person to pay any development charge or temporary development levy under the Planning Act 1998 for the development of any land is deferred under —(a)
the Planning (Deferment of Payment of Temporary Development Levy by Charities) Rules 2016 (G.N. No. S 46/2016); or
(b)
the Planning (Deferment of Payment of Development Charge by Charities) Rules 2017 (G.N. No. S 232/2017),
and the deferment is in force on the date immediately before the date of commencement of section 66(e), the liability is to continue, so far as it is not inconsistent with Part 4, as if it were a deferment determination under section 20.
(5) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.
(6) Nothing in this section prejudices section 16 of the Interpretation Act 1965.
