Compensation for temporary occupation of premises
Open ↗40A.—(1) Subject to sections 40B and 40C, every owner and occupier of premises of which temporary possession is taken under section 24A or 32 is entitled to claim compensation for the items of loss, damage or cost set out in the first column of the Fourth Schedule to the extent of the loss, damage or cost suffered or incurred by the owner or occupier, as the case may be.[12/2015]
(2) A claim for compensation for an item of loss, damage or cost set out in the first column of the Fourth Schedule is to be assessed by the Board —(a)
on the basis of the matters specified opposite in the second column of the Fourth Schedule; and
(b)
by not taking into consideration any of the matters specified in subsection (3).[12/2015]
(3) No account is to be taken of the following in the assessment of any claim for compensation by any owner or occupier of premises of which temporary possession is taken under section 24A or 32:(a)
the financial loss resulting from the interruption of or interference with any trade or business carried on any premises;
(b)
any increase or decrease in the value of the premises to which the compensation relates which is attributable to the purpose for which the premises are occupied and used;
(c)
any building, object or structure within those premises which was erected and maintained in the contravention of any written law in force on the date of the notice under section 24A(3) or 32(2) (as the case may be) relating to those premises;
(d)
any building or part of a building within those premises which has been constructed or modified or on which building works have been carried out so as to amount to a contravention of the Building Control Act 1989 within the meaning of that Act.[12/2015]
(4) On receiving a claim for compensation from any owner or occupier of premises of which temporary possession is taken under section 24A or 32, the Board must inquire into that claim and must, as soon as is possible, pay to the owner or occupier (as the case may be) compensation for such loss, damage or cost arising from the exercise of the powers under that section as is determined in accordance with this section.[12/2015]
(5) To avoid doubt, nothing in this section prevents the Board from restoring premises of which temporary possession is taken under section 24A or 32 to the reasonable satisfaction of the owner or occupier of the premises before returning those premises to the owner or occupier, in lieu of compensation for any item of loss, damage or cost set out in the first column of the Fourth Schedule.[12/2015]
Time for, and manner of, claiming for compensation
Open ↗40B.—(1) Every claim for compensation under this Part must be in writing.[12/2015]
(2) Subject to subsection (4), if a claim for compensation for an item of loss, damage or cost set out in the first column of the Fourth Schedule is not served on the Board before the expiry of the relevant period specified in subsection (3) for that item, the right to claim compensation for that item is barred and any late claim may be disregarded.[12/2015]
(3) The period within which a claim for compensation for an item of loss, damage or cost set out in the first column of the Fourth Schedule must be served on the Board is as follows:(a)
for a claim for loss due to displacement of any person in lawful occupation of the premises on the date of the notice under section 24A(3) or 32(2) — 2 years starting from the date of that notice;
(b)
for a claim for structural damage to any building resulting from the occupation and use of the premises under section 24A(1) or 32(1) — 6 years starting from the date those premises are returned;
(c)
for a claim for other damage to any premises — 6 years starting from the date those premises are returned;
(d)
for a claim for removal of any object or structure which was erected and maintained without contravention of any written law — one year from the date of removal, or the date of reinstatement or replacement, whichever is applicable.[12/2015]
(4) The Board may extend the period referred to in subsection (3) within which a claim must be served upon it if an application for the extension is made to the Board, either before or after the expiry of that period, and the Board considers —(a)
that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than this Act) or by any other reasonable cause; or
(b)
that the Board is not materially prejudiced by the delay.[12/2015]
(5) An extension may be granted by the Board under subsection (4) with or without conditions, and for such period as the Board thinks fit, but in no case exceeding 6 years from the time when the right to compensation first arose.[12/2015]
Disqualification as to certain compensation
Open ↗40C. If an owner of any premises of which temporary possession is or has been taken in accordance with section 24A or 32 gives to the Board any notice under section 40E(1) in relation to those premises within the claim period referred to in section 40F(2)(d), the owner is entitled to claim only for loss due to displacement of any person in lawful occupation of the premises on the date of the notice under section 24A(3) or 32(2) (as the case may be) and no other item in the Fourth Schedule.[12/2015]
Bar to other proceedings
Open ↗40D. Except as provided in this Part, no action, claim or other proceeding shall lie against the Board, or any employee, agent or contractor of the Board —(a)
to restrain the doing of anything which is authorised by or under section 24A or 32, or to compel the doing of anything which may be omitted to be done under section 24A or 32; 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 Board or its employee, agent or contractor,
which is authorised by or under section 24A or 32 or arises from any act or omission so authorised.
[12/2015]
Owners who suffer substantial impairment in rights in premises may require their premises to be acquired
Open ↗40E.—(1) The owner of any premises of which temporary possession is or has been taken in accordance with section 24A or 32 may, by written notice given to the Board, request the Government to acquire under the Land Acquisition Act 1966 —(a)
the premises; and
(b)
any other premises of the owner related to the premises in paragraph (a),
if the owner considers that the owner suffers substantial impairment of the owner’s rights in the premises in paragraphs (a) and (b) because of the taking of that temporary possession.
[12/2015]
(2) If there is more than one owner of the premises concerned, the notice under this section must be given by all the owners.[12/2015]
(3) Any notice under this section is irrevocable once given to the Board.[12/2015]
(4) For the purposes of this section and section 40F, premises (called A premises) are related to other premises temporary possession of which is or has been taken in accordance with section 24A or 32 (in this section and section 40F called temporarily occupied premises) if the A premises are the remainder of a parcel of land part of which are the temporarily occupied premises.[12/2015]
(5) In this section and section 40F —“owner”, in relation to any premises, means —(a)
a person who has the fee simple estate in the premises;
(b)
a person who is the grantee or lessee under a State title for the premises;
(c)
a person who has become entitled to exercise a power of sale of the premises; or
(d)
a person in occupation of the premises 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 referred to in paragraph (a) or (b), includes the area comprised in those lands or lots, as the case may be.
[12/2015]
Owner-initiated acquisition
Open ↗40F.—(1) Upon the Board receiving a notice under section 40E(1) in relation to any temporarily occupied premises and any other premises related to the temporarily occupied premises, the President is to proceed under the Land Acquisition Act 1966 to acquire those premises as if those premises were the subject of a notice under section 49 of that Act.[12/2015]
(2) The provisions of sections 49 and 49A of the Land Acquisition Act 1966 apply (so far as relevant) to any premises that are the subject of a notice under section 40E 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 is to be read as a reference to the premises that are the subject of a notice under section 40E;
(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 is to be read as a reference to any premises temporary possession of which is or has been taken in accordance with section 24A or 32;
(c)
any reference in those sections to an owner of land is to be read as a reference to an owner of premises referred to in section 40E;
(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 the Land Acquisition Act 1966 is to be read as a reference to one year starting from either of the following dates:(i)
the date of the notice under section 24A(3) or 32(2) (as the case may be) relating to those premises;
(ii)
the date of the expiry of the term of temporary possession in a notice under section 24A(3) or 32(2) (as the case may be) for the temporary occupation and use of those premises, or the date the premises are returned to the owner if earlier;
(e)
such other exceptions, modifications and adaptations as the differences between them necessarily require.[12/2015]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
