No remedy except under this Act
Open ↗19. —(1) No action, claim or proceedings shall lie or be brought against the Authority or any other person — ( a ) to restrain the doing of anything which is authorised by or under the Rapid Transit Systems Act 1995 or to compel the doing of anything which may be omitted to be done under that Act; ( b ) to restrain the doing of anything which is authorised by or under the Cross‑Border Railways Act 2018 or to compel the doing of anything which may be omitted to be done under that Act; or ( c ) to recover damages, compensation or costs for — (i) damage or disturbance to or loss of or in the value of any land, chattel, trade or business; (ii) personal disturbance or inconvenience; (iii) extinguishment, modification or restriction of rights; or (iv) effecting or complying with any requirement or condition imposed by the Authority, which is authorised by or under the Rapid Transit Systems Act 1995 or the Cross‑Border Railways Act 2018 or arises from any act or omission so authorised, except pursuant to one of the rights to compensation provided for in section 20. [21/2018] (2) No action, claim or proceedings shall lie or be brought against the Authority or any other person — ( a ) to restrain the doing of anything which is authorised — (i) by section 9, 12 or 29 of the Street Works Act 1995; or (ii) by any other provision of the Street Works Act 1995 relating to the construction of a road tunnel, or to compel the doing of anything which may be omitted to be done under those provisions of that Act; or ( b ) to recover damages, compensation or costs for — (i) damage or disturbance to or loss of or in the value of any land, chattel, trade or business; (ii) personal disturbance or inconvenience; (iii) extinguishment, modification or restriction of rights; or (iv) effecting or complying with any requirement or condition imposed by the Authority, which is authorised by or under section 9, 12 or 29 of the Street Works Act 1995 or is authorised by any other provision of that Act relating to the construction of a road tunnel, or arises from any act or omission so authorised, except pursuant to one of the rights of compensation provided for in section 20.
—(1) No action, claim or proceedings shall lie or be brought against the Authority or any other person — ( a ) to restrain the doing of anything which is authorised by or under the Rapid Transit Systems Act 1995 or to compel the doing of anything which may be omitted to be done under that Act; ( b ) to restrain the doing of anything which is authorised by or under the Cross‑Border Railways Act 2018 or to compel the doing of anything which may be omitted to be done under that Act; or ( c ) to recover damages, compensation or costs for — (i) damage or disturbance to or loss of or in the value of any land, chattel, trade or business; (ii) personal disturbance or inconvenience; (iii) extinguishment, modification or restriction of rights; or (iv) effecting or complying with any requirement or condition imposed by the Authority, which is authorised by or under the Rapid Transit Systems Act 1995 or the Cross‑Border Railways Act 2018 or arises from any act or omission so authorised, except pursuant to one of the rights to compensation provided for in section 20. [21/2018]
(2) No action, claim or proceedings shall lie or be brought against the Authority or any other person — ( a ) to restrain the doing of anything which is authorised — (i) by section 9, 12 or 29 of the Street Works Act 1995; or (ii) by any other provision of the Street Works Act 1995 relating to the construction of a road tunnel, or to compel the doing of anything which may be omitted to be done under those provisions of that Act; or ( b ) to recover damages, compensation or costs for — (i) damage or disturbance to or loss of or in the value of any land, chattel, trade or business; (ii) personal disturbance or inconvenience; (iii) extinguishment, modification or restriction of rights; or (iv) effecting or complying with any requirement or condition imposed by the Authority, which is authorised by or under section 9, 12 or 29 of the Street Works Act 1995 or is authorised by any other provision of that Act relating to the construction of a road tunnel, or arises from any act or omission so authorised, except pursuant to one of the rights of compensation provided for in section 20.
Compensation
Open ↗20. —(1) The rights to compensation mentioned in section 19 are the rights to claim from the Authority or any other person for the items of loss, damage or cost set out in the first column of Part 1 of the Fourth Schedule a sum assessed on the basis specified opposite in the second column thereof and with regard to the provisions of Part 2 of the Fourth Schedule, subject to — ( a ) the claim being served on the Authority or that other person within the appropriate period specified in the fourth column of Part 1 of the Fourth Schedule; and ( b ) the other provisions of this Act. (2) Every person who is described in the third column of Part 1 of the Fourth Schedule has the right to claim compensation for the items of loss, damage or cost set out opposite in the first column to the extent of the loss, damage or cost suffered or incurred by the person as assessed pursuant to this Act.
—(1) The rights to compensation mentioned in section 19 are the rights to claim from the Authority or any other person for the items of loss, damage or cost set out in the first column of Part 1 of the Fourth Schedule a sum assessed on the basis specified opposite in the second column thereof and with regard to the provisions of Part 2 of the Fourth Schedule, subject to — ( a ) the claim being served on the Authority or that other person within the appropriate period specified in the fourth column of Part 1 of the Fourth Schedule; and ( b ) the other provisions of this Act.
(2) Every person who is described in the third column of Part 1 of the Fourth Schedule has the right to claim compensation for the items of loss, damage or cost set out opposite in the first column to the extent of the loss, damage or cost suffered or incurred by the person as assessed pursuant to this Act.
Claims against persons other than Authority
Open ↗21. Where any action, claim or proceeding is brought against any person other than the Authority to recover the damages, compensation or costs for — ( a ) damage or disturbance to or loss of or in the value of any land, chattel, trade or business; ( b ) personal disturbance or inconvenience; or ( c ) extinguishment, modification or restriction of rights, pursuant to one of the rights to compensation provided for in section 20, sections 22, 23, 25 and 27 apply and any reference to the Authority in those sections is a reference to that other person.
Claims out of time
Open ↗22. —(1) Subject to this section, if a claim for an item of loss, damage or cost is not served on the Authority before the end of the period specified in the fourth column of Part 1 of the Fourth Schedule in respect of that item, the right to claim compensation for that item is barred. (2) The period mentioned in subsection (1) may, upon application made to the Compensation Board either before or after the end of that period, be extended in accordance with this section. (3) Notice of an application under subsection (2) must be given to the Authority by the applicant. (4) The Compensation Board may extend the period within which a claim must be served upon the Authority if the Board considers that — ( a ) the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than the relevant provision in the fourth column of Part 1 of the Fourth Schedule) or by any other reasonable cause; or ( b ) the Authority is not materially affected in the conduct of its case or otherwise by the delay. (5) An extension may be granted by the Compensation Board under subsection (4), with or without conditions, for any period that the Board thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose.
—(1) Subject to this section, if a claim for an item of loss, damage or cost is not served on the Authority before the end of the period specified in the fourth column of Part 1 of the Fourth Schedule in respect of that item, the right to claim compensation for that item is barred.
(2) The period mentioned in subsection (1) may, upon application made to the Compensation Board either before or after the end of that period, be extended in accordance with this section.
(3) Notice of an application under subsection (2) must be given to the Authority by the applicant.
(4) The Compensation Board may extend the period within which a claim must be served upon the Authority if the Board considers that — ( a ) the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than the relevant provision in the fourth column of Part 1 of the Fourth Schedule) or by any other reasonable cause; or ( b ) the Authority is not materially affected in the conduct of its case or otherwise by the delay.
(5) An extension may be granted by the Compensation Board under subsection (4), with or without conditions, for any period that the Board thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose.
Disqualification as to certain compensation
Open ↗22A. —(1) If an owner of any land temporary possession of which is or has been taken in the exercise of any power in section 5 of the Rapid Transit Systems Act 1995 gives to the Authority any notice under section 7(1) of that Act in relation to that land within the claim period referred to in section 7A(2)( d ) of that Act, the owner is entitled to claim only for loss due to displacement of any person in lawful occupation of the land on the date of the notice under section 5 of that Act, and no other item in the Fourth Schedule. [12/2015] (2) If an owner of any land temporary possession of which is or has been taken in the exercise of any power in section 8 of the Cross‑Border Railways Act 2018 gives to the Authority any notice under section 15(1) of that Act in relation to that land within the claim period mentioned in section 16(2)( d ) of that Act, the owner is entitled to claim only for loss due to displacement of any person in lawful occupation of the land on the date of the notice under section 8 of that Act, and no other item in the Fourth Schedule. [21/2018] (3) If an owner of any land temporary possession of which is or has been taken in the exercise of any power in section 9 of the Street Works Act 1995 gives to the Authority any notice under section 11(1) of that Act in relation to that land within the claim period referred to in section 11A(2)( d ) of that Act, the owner is entitled to claim only for loss due to displacement of any person in lawful occupation of the land on the date of the notice under section 9 of that Act, and no other item in the Fourth Schedule. [12/2015]
—(1) If an owner of any land temporary possession of which is or has been taken in the exercise of any power in section 5 of the Rapid Transit Systems Act 1995 gives to the Authority any notice under section 7(1) of that Act in relation to that land within the claim period referred to in section 7A(2)( d ) of that Act, the owner is entitled to claim only for loss due to displacement of any person in lawful occupation of the land on the date of the notice under section 5 of that Act, and no other item in the Fourth Schedule. [12/2015]
(2) If an owner of any land temporary possession of which is or has been taken in the exercise of any power in section 8 of the Cross‑Border Railways Act 2018 gives to the Authority any notice under section 15(1) of that Act in relation to that land within the claim period mentioned in section 16(2)( d ) of that Act, the owner is entitled to claim only for loss due to displacement of any person in lawful occupation of the land on the date of the notice under section 8 of that Act, and no other item in the Fourth Schedule. [21/2018]
(3) If an owner of any land temporary possession of which is or has been taken in the exercise of any power in section 9 of the Street Works Act 1995 gives to the Authority any notice under section 11(1) of that Act in relation to that land within the claim period referred to in section 11A(2)( d ) of that Act, the owner is entitled to claim only for loss due to displacement of any person in lawful occupation of the land on the date of the notice under section 9 of that Act, and no other item in the Fourth Schedule. [12/2015]
Claims procedure
Open ↗23. —(1) Any person who claims to be entitled to compensation under this Act must serve on the Authority a written claim setting out such of the following particulars as are applicable to the person’s claim: ( a ) the name of the claimant and the claimant’s address for service of notices; ( b ) a full description of the land to which the claim relates including any covenants, easements or restrictions affecting the same; ( c ) the nature of the claimant’s interest in the land including, in the case of a sublessee or subtenant, the landlord’s name and address and details of the sublease or tenancy; ( d ) details of any mortgage, including the principal still owing and the name and address of the mortgagee; ( e ) if the claimant has sublet the land or any part of the land, the name and address of each tenant and details of the lease or tenancy; ( f ) particulars of the claim showing — (i) under which item the claim is made; and (ii) how the amount claimed under any item is calculated. (2) The Authority must in writing acknowledge receipt and the date of receipt of every claim served on the Authority under subsection (1). (3) If a claimant amends a claim before proceedings are commenced before the Compensation Board and the Authority considers the amendment to be substantial, the Authority may, within 14 days of the receipt of the amended claim, notify the claimant that it elects to treat the claim, for the purposes of this section, as if it were a new claim served under subsection (1) on the date on which the amendment was received by the Authority, and this section applies accordingly. (4) The Authority may by written notice to the claimant request that the claimant supply further particulars of and in support of the claim or any item of the claim, and if any of those particulars are not supplied to the Authority within a period of 28 days from the date of the notice, or within any further period that the Authority may in writing allow, the claim or the item concerning which the particulars are requested is deemed to be rejected and subsection (5) does not apply. (5) The Authority must, within 3 months of the service of a claim on it, or if the Authority has requested further particulars under subsection (4) within 3 months of the day on which they are provided in accordance with that subsection, notify the claimant in writing that the Authority — ( a ) admits the entire claim; ( b ) rejects the entire claim; or ( c ) admits a specified part or parts and rejects the remainder, and in every case must briefly state its reasons for rejection so that the claimant is adequately informed of those reasons. (6) Where the Authority has rejected a claim or any part of a claim under subsection (5) or where a claim or any part of it is deemed to have been rejected under subsection (4), the Authority may — ( a ) by written notice offer to the claimant a sum (including costs) that the Authority is willing to pay in full and final settlement of the claim or any part of it, as the case may be; or ( b ) commence proceedings before the Compensation Board to have the claim or any part of it heard and determined by the Board in accordance with this Act. (7) The Authority may commence proceedings before the Compensation Board to have the claim or any part of it heard and determined in accordance with this Act where any offer under subsection (6)( a ) is refused by the claimant. (8) If, at the end of 4 months from the receipt of a claim by the Authority, it has not been settled by agreement, either the claimant or the Authority may commence proceedings before the Compensation Board to have the claim, or so much of it as is still then in dispute, heard and determined by the Board in accordance with this Act. (9) In any case where the claimant has failed to supply further particulars required by the Authority in accordance with subsection (4), the Compensation Board may on the hearing of the claim consider the merits of the Authority’s request for further particulars, and the claimant’s failure to supply them and may, if the Board thinks fit — ( a ) order the claimant to supply some or all of the particulars; ( b ) adjourn the hearing until the order is complied with and the particulars are considered by the Authority; and ( c ) make such further order as the Board thinks fit as to the costs of either party occasioned by the Authority’s request for and the claimant’s failure to supply the further particulars.
—(1) Any person who claims to be entitled to compensation under this Act must serve on the Authority a written claim setting out such of the following particulars as are applicable to the person’s claim: ( a ) the name of the claimant and the claimant’s address for service of notices; ( b ) a full description of the land to which the claim relates including any covenants, easements or restrictions affecting the same; ( c ) the nature of the claimant’s interest in the land including, in the case of a sublessee or subtenant, the landlord’s name and address and details of the sublease or tenancy; ( d ) details of any mortgage, including the principal still owing and the name and address of the mortgagee; ( e ) if the claimant has sublet the land or any part of the land, the name and address of each tenant and details of the lease or tenancy; ( f ) particulars of the claim showing — (i) under which item the claim is made; and (ii) how the amount claimed under any item is calculated.
(2) The Authority must in writing acknowledge receipt and the date of receipt of every claim served on the Authority under subsection (1).
(3) If a claimant amends a claim before proceedings are commenced before the Compensation Board and the Authority considers the amendment to be substantial, the Authority may, within 14 days of the receipt of the amended claim, notify the claimant that it elects to treat the claim, for the purposes of this section, as if it were a new claim served under subsection (1) on the date on which the amendment was received by the Authority, and this section applies accordingly.
(4) The Authority may by written notice to the claimant request that the claimant supply further particulars of and in support of the claim or any item of the claim, and if any of those particulars are not supplied to the Authority within a period of 28 days from the date of the notice, or within any further period that the Authority may in writing allow, the claim or the item concerning which the particulars are requested is deemed to be rejected and subsection (5) does not apply.
(5) The Authority must, within 3 months of the service of a claim on it, or if the Authority has requested further particulars under subsection (4) within 3 months of the day on which they are provided in accordance with that subsection, notify the claimant in writing that the Authority — ( a ) admits the entire claim; ( b ) rejects the entire claim; or ( c ) admits a specified part or parts and rejects the remainder, and in every case must briefly state its reasons for rejection so that the claimant is adequately informed of those reasons.
(6) Where the Authority has rejected a claim or any part of a claim under subsection (5) or where a claim or any part of it is deemed to have been rejected under subsection (4), the Authority may — ( a ) by written notice offer to the claimant a sum (including costs) that the Authority is willing to pay in full and final settlement of the claim or any part of it, as the case may be; or ( b ) commence proceedings before the Compensation Board to have the claim or any part of it heard and determined by the Board in accordance with this Act.
(7) The Authority may commence proceedings before the Compensation Board to have the claim or any part of it heard and determined in accordance with this Act where any offer under subsection (6)( a ) is refused by the claimant.
(8) If, at the end of 4 months from the receipt of a claim by the Authority, it has not been settled by agreement, either the claimant or the Authority may commence proceedings before the Compensation Board to have the claim, or so much of it as is still then in dispute, heard and determined by the Board in accordance with this Act.
(9) In any case where the claimant has failed to supply further particulars required by the Authority in accordance with subsection (4), the Compensation Board may on the hearing of the claim consider the merits of the Authority’s request for further particulars, and the claimant’s failure to supply them and may, if the Board thinks fit — ( a ) order the claimant to supply some or all of the particulars; ( b ) adjourn the hearing until the order is complied with and the particulars are considered by the Authority; and ( c ) make such further order as the Board thinks fit as to the costs of either party occasioned by the Authority’s request for and the claimant’s failure to supply the further particulars.
Claims by minor, etc.
Open ↗24. A claim may be brought on behalf of a minor by his or her guardian or guardians, or any of them, and on behalf of a mentally disordered person by the person empowered by law to administer his or her assets.
Settlement after reference to Compensation Board
Open ↗25. —(1) At any time after proceedings have been commenced before the Compensation Board but before compensation is finally assessed, the Authority may make a written offer of the kind described in section 23(6)( a ) or the claimant may by notice to the Authority offer a sum (inclusive or exclusive of costs) which the claimant is willing to accept in full and final settlement of the claim or any rejected part of the claim. (2) Where an offer made by the Authority pursuant to section 23(6)( a ) or by the Authority or the claimant pursuant to subsection (1) is not accepted by the other party, no part of the contents of the offer which relates to any part of a claim before the Compensation Board is to be disclosed to the Board until the amount of compensation for that part is assessed by it but a copy of the offer enclosed in a sealed envelope may be lodged with the president and opened by him or her after the Board has made its assessment. (3) Where the Authority has made any offer pursuant to section 23(6)( a ) which is refused by the claimant or either party has made any offer pursuant to subsection (1) which is refused by the other and the compensation including costs (if any) assessed by the Compensation Board does not exceed the amount of compensation including costs (if any) comprised in the offer, the Board must, unless for special reasons the Board thinks it proper not to do so, order the party who refused the offer to bear the party’s own costs and to pay the costs of the other party insofar as the costs of either party are incurred after the making of the offer.
—(1) At any time after proceedings have been commenced before the Compensation Board but before compensation is finally assessed, the Authority may make a written offer of the kind described in section 23(6)( a ) or the claimant may by notice to the Authority offer a sum (inclusive or exclusive of costs) which the claimant is willing to accept in full and final settlement of the claim or any rejected part of the claim.
(2) Where an offer made by the Authority pursuant to section 23(6)( a ) or by the Authority or the claimant pursuant to subsection (1) is not accepted by the other party, no part of the contents of the offer which relates to any part of a claim before the Compensation Board is to be disclosed to the Board until the amount of compensation for that part is assessed by it but a copy of the offer enclosed in a sealed envelope may be lodged with the president and opened by him or her after the Board has made its assessment.
(3) Where the Authority has made any offer pursuant to section 23(6)( a ) which is refused by the claimant or either party has made any offer pursuant to subsection (1) which is refused by the other and the compensation including costs (if any) assessed by the Compensation Board does not exceed the amount of compensation including costs (if any) comprised in the offer, the Board must, unless for special reasons the Board thinks it proper not to do so, order the party who refused the offer to bear the party’s own costs and to pay the costs of the other party insofar as the costs of either party are incurred after the making of the offer.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.