Preparation and promulgation of plans and maps
3.—(1) The Authority must, with the approval of the competent authority, cause plans and maps to be prepared in such detail and with such markings and endorsements thereon as are sufficient to delineate the railway area, being that area within which land may be acquired or rights in, under or over land may be exercised by the Authority under this Act for the purposes of and incidental to any railway.
(2) A copy of every plan and map prepared for the purposes of subsection (1) and signed by an authorised officer of the Authority must be —(a)
deposited with the competent authority; and
(b)
available for inspection by the public free of charge at the office of the Authority, during the hours when that office is normally open to the public.
(3) Any plan or map prepared for the purposes of subsection (1) and any marking or endorsement on any such plan or map may be amended and any plan or map may be replaced by a substitute plan or map, but the Authority must as soon as possible cause to be likewise amended, or replaced with the substitute plan or map, every copy mentioned in subsection (2) and certify the amendment or substitution in any manner that the Authority thinks sufficient.
(4) The Authority must, within 21 days of the deposit of a copy of a plan or map with the competent authority or of any amendment to that copy or the deposit of a substitute plan or map, cause a notice of such deposit or amendment to be published in the Gazette containing —(a)
a general description of the plan or map or of the nature and extent of the amendment or substitution; and
(b)
particulars of the places and times at which a copy of the plan or map, or details of the amendment or a copy of the substitute plan or map may be inspected by the public in conformity with subsection (2).
(5) No person has a right of objection to the delineation of land in any plan or map prepared for the purposes of subsection (1) or to any amendment thereto or substitute plan or map prepared under subsection (3), and the fact that land is therein delineated as being within the railway area is for all purposes conclusive evidence that the land may be required to be acquired or that rights in, under or over the land may need to be exercised by the Authority for the purposes of and incidental to any railway.
Power to enter State land to lay and operate railway
4.—(1) For the purpose of constructing, maintaining and operating any railway, the Authority or any person authorised by the Authority may —(a)
at any reasonable time, enter upon any State land within or adjoining the railway area; and
(b)
subject to the approval of the Commissioner of Lands, lay, construct and operate the railway on, under or over the State land and do all things as are reasonably necessary for the laying, construction, maintenance and operation of the railway.[9/2014; 21/2018]
(2) In addition to subsection (1), the Authority may, at any reasonable time, enter upon any State land that is within or adjoining any railway area, and do all things as are reasonably necessary for the construction and maintenance of railway commuter facilities on, under or over that land.[9/2014]
(3) To avoid doubt, nothing in subsection (2) derogates from any power of the Authority to construct and maintain any street, road structure or road related facility under the Street Works Act 1995.[9/2014]
Power to enter private land to lay railway
5.—(1) The Authority or any person authorised by the Authority has the right to enter upon and take possession of any land or part thereof not being State land within or adjoining the railway area not being land belonging to or acquired by the Authority and lay and construct any railway on, under or over the land and do all things as are reasonably necessary for the purpose of laying and constructing the railway.
(2) The Authority or a person authorised by the Authority must not exercise the right conferred by subsection (1) unless the Authority has given at least 2 months’ notice of its intention to exercise the right conferred by that subsection upon every owner and occupier of the land.[12/2015]
(3) A notice mentioned in subsection (2) must —(a)
give a brief description of the works which the Authority proposes to carry out on the land;
(b)
state the estimated period (if any) during which the Authority 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 payment of any compensation under the Land Transport Authority of Singapore Act 1995 may serve a written claim on the Authority.
(4) 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 Authority by this section.
(5) Any person authorised under this section to enter upon any land must, if so required by the owner or occupier, produce evidence of the person’s authority before entering the land.[9/2014]
(6) Any person who refuses to give access to, or obstructs, hinders or delays, an agent or employee of the Authority at any time in the exercise of his or her authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.[9/2014]
(7) In this section, a reference to entry on land includes the digging or boring of a tunnel under the land and the erection of any structure over or under the land.
Creation of rights in, under or over land
6.—(1) From the date of publication in the Gazette of a notice of creation of a right under this section, the Authority or any person authorised by the Authority may, at any reasonable time and for the purposes of and incidental to the operation of a railway specified therein, enter upon such land within the railway area as described in the notice, not being State land or land belonging to or acquired by the Authority, and exercise such permanent rights in, under or over such land or such rights of temporary occupation of the land as may be specified in the notice.
(2) A notice of creation of a right under this section must —(a)
be made by the Authority;
(b)
describe the right in, under or over land or the right of temporary occupation and the area of land subject to such right; and
(c)
state particulars of the places and times at which a copy of a plan of the area of land subject to such right may be inspected.
(3) Any right described in a notice of creation of a right under this section must be limited to a right conferring the rights and powers that are necessary or convenient for the operation of any railway and for all purposes connected with or incidental to such operation.
Owners who suffer substantial impairment in rights in land may require their land to be acquired
7.—(1) The owner of any land temporary possession of which is or has been taken in accordance with section 5 may, by written notice given to the Authority, 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 the owner suffers substantial impairment of the owner’s rights in the lands 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 land 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 Authority.[12/2015]
(4) For the purposes of this section and section 7A, land (called the A land) is related to other land temporary possession of which is or has been taken in accordance with section 5 (called in this section and section 7A the temporarily occupied land) if the A land is the remainder of a parcel of land part of which is the temporarily occupied land.[12/2015]
(5) In this section and section 7A —“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.
[12/2015]
Owner-initiated acquisition
7A.—(1) Upon the Authority receiving a notice under section 7(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.[12/2015]
(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 7(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 7(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 temporary possession of which is or has been taken in accordance with section 5;
(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 7;
(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 must be read as a reference to one year starting from either of the following dates:(i)
the date of the notice under section 5 relating to that land;
(ii)
the date of the expiry of the term of temporary possession in a notice under section 5 for the temporary occupation of the land, or the date the land is returned to the owner if earlier;
(e)
any other exceptions, modifications and adaptations that the differences between them necessarily require.[12/2015]
(3) All compensation for the acquisition under the Land Acquisition Act 1966 of any land that is the subject of a notice under section 7 is to be paid out of the funds of the Authority.[12/2015]
Power of entry
8. Where in respect of any land notice has been published in the Gazette in accordance with section 5 of the Land Acquisition Act 1966 but the land has not vested in the State or notice has been given by the Authority under section 5(2) of its intention to lay and construct any railway on, over or under any land, the Authority, or any person acting under its authority, may after giving at least 14 days’ notice in writing to the owner or occupier enter upon that land and any adjoining land within the railway area at all reasonable times for the purpose of —(a)
surveying and taking levels of the firstmentioned land;
(b)
setting out the line of any works;
(c)
digging or boring into the soil for the purpose of determining whether the soil is suitable for laying the railway on, over or under the land; or
(d)
inspecting any object or structure mentioned in section 11.
Power to enter land for inspection and survey, etc.
9.—(1) The Authority, or any person acting under its authority, may enter any land or building situated wholly or partly within the railway area or wholly or partly within 150 metres thereof in order to carry out —(a)
any inspection or survey which is reasonably necessary to ascertain the condition of the land or building prior to or during the construction of any railway and to carry out all reasonably necessary work of a preventive or remedial nature; and
(b)
any inspection or maintenance of the railway which has been laid by the Authority on, under or over the land or building and to carry out any work and do all things necessary for the purpose of maintaining the railway causing as little damage as possible and paying compensation to any person affected for any damage that may be caused.
(2) A person must not, for the purposes of subsection (1), enter any land or building which is occupied without giving the owner and the occupier at least 7 days’ notice of the person’s intention to do so unless —(a)
the Authority 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 entry referred to in subsection (2) —(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.
(4) In subsection (1), “work of a preventive or remedial nature” means the underpinning or strengthening of any land or building and other work thereon intended to render it reasonably safe or to repair or detect damage caused in the course of the construction or operation of any railway.
(5) The decision of the Authority that any work is of a preventive or remedial nature or that such work or any inspection or survey is reasonably necessary is final.
(6) The Authority, or any person acting under its authority, may —(a)
as the occasion requires, enter and reinspect 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 those powers as often as the occasion requires.
(7) Any person authorised under this section to enter upon any land or building must, if so required by the owner or occupier, produce evidence of the person’s authority before so entering it.
(8) Any person who refuses to give access to, or obstructs, hinders or delays, an agent or employee of the Authority at any time in the exercise of his or her authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.[9/2014]
Utility services
10.—(1) The Authority may serve 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 wire, line, cable, pipe, tube, casing, duct, post, structure or other apparatus which belongs to or is maintained by that owner or supplier; and
(b)
repair any street surface thereby disturbed,
if in the opinion of the Authority the alteration is required for the purposes of the construction, operation, maintenance or improvement of any railway.
(2) A notice under subsection (1) must —(a)
specify the apparatus or structure to which the notice applies and set out the requirements of the Authority as to the alteration of its course or position and the repair of any street surface;
(b)
stipulate the period within which such work must be carried out;
(c)
be served upon the owner or supplier at least one month before the commencement of that period; and
(d)
state that any person entitled to compensation under this Act may serve a written claim upon the Authority.
Removal of projections or obstructions
11.—(1) The Authority may give notice to the owner of any land or building in the railway area requiring the owner to remove any object or structure described in the notice which is erected on or attached to, or projects from, the land or building if in the opinion of the Authority the removal of the object or structure is required for the purposes of the construction of any railway.
(2) A notice under subsection (1) may be given to the owner of the land or building and is deemed to have been received by the owner if it is affixed to some conspicuous part of the land or building to or from which the object or structure is erected or attached 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 must be carried out;
(c)
be given to the owner of the land or building not later than 28 days before the commencement of that period; and
(d)
state that any person entitled to compensation under the Land Transport Authority of Singapore Act 1995 may serve a written claim upon the Authority.
(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 Authority may enter the land or building, together with any other persons that the person authorised thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
The Singapore legislation on this platform is subject to copyright of the Singapore Government and is used/reproduced for the purposes of this platform with the permission of the Attorney-General's Chambers. Users of this platform may check Singapore Statutes Online for the latest version of the Singapore legislation.
