No remedy except under Land Transport Authority of Singapore Act 1995
36. 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 this Act or to compel the doing of anything which may be omitted to be done thereunder; 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 this Act or arises from any act or omission so authorised, except pursuant to one of the rights to compensation provided for in the Land Transport Authority of Singapore Act 1995.
Advisory guidelines
36A.—(1) The Authority may make guidelines with a view to providing guidance or certainty in respect of any one or more of the provisions in this Act.
(2) Advisory guidelines, for example, may be made about —(a)
what amounts to a material function of a designated operating entity for the purposes of section 21J(1)(a); or
(b)
the relevant principles to consider in determining what amounts to a material impediment to or impairment of the operations of a designated operating entity for the purposes of section 21J(3)(a).
(3) The Authority may make different advisory guidelines under subsection (1) in respect of different persons or entities or different classes of persons or entities.
(4) The Authority must —(a)
give a copy of each advisory guideline it makes to the Minister; and
(b)
publish each advisory guideline (in any way that the Authority thinks fit), send each advisory guideline to each person or entity to whom the guideline applies (by any mode the Authority thinks fit), or both.
(5) Despite subsection (4)(b), the Authority must publish each advisory guideline (in any way that the Authority thinks fit) if the advisory guideline has any effect on the rights of any person or entity other than the person or entity to which the advisory guideline applies.
(6) The failure to comply with subsection (4) or (5) in respect of any advisory guidelines does not invalidate the advisory guidelines.[Act 20 of 2024 wef 01/04/2025]
Service of documents
37.—(1) A document that is permitted or required by or under this Act, or any regulations made under this Act, to be served on a person may be served as described in this section.[38/2018]
(2) A document may be served on an individual —(a)
by giving it to the individual personally;
(b)
by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;
(c)
by leaving it at the individual’s residential address with an adult person apparently residing there, or at the individual’s business address with an adult person apparently employed there;
(d)
by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;
(e)
by sending it by fax to the fax number given by the individual as the fax number for the service of documents under this Act;
(f)
by sending it by email to the individual’s email address;
(g)
by giving an electronic notice to the individual by the individual’s chosen means of notification, stating that the document is available and how the individual may use the individual’s chosen means of access to access the document’s contents; or
(h)
by any other method authorised by regulations made under section 45 for the service of documents of that kind if the individual consents (expressly or impliedly) to service of a document of that kind in that way.[38/2018]
(3) A document may be served on a partnership (other than a limited liability partnership) —(a)
by giving it to any partner or other like officer of the partnership;
(b)
by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address;
(c)
by sending it by fax to the fax number used at the partnership’s business address;
(d)
by sending it by email to the partnership’s email address;
(e)
by giving an electronic notice to the partnership by the partnership’s chosen means of notification, stating that the document is available and how the partnership may use the partnership’s chosen means of access to access the document’s contents; or
(f)
by any other method authorised by regulations made under section 45 for the service of documents of that kind if the partnership consents (expressly or impliedly) to service of a document of that kind in that way.[38/2018]
(4) A document may be served on a body corporate (including a limited liability partnership) or an unincorporated association —(a)
by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;
(b)
by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore;
(c)
by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore;
(d)
by sending it by email to the body corporate’s or unincorporated association’s email address;
(e)
by giving an electronic notice to the body corporate or unincorporated association by the body corporate’s or unincorporated association’s chosen means of notification, stating that the document is available and how the body corporate or unincorporated association (as the case may be) may use its chosen means of access to access the document’s contents; or
(f)
by any other method authorised by regulations made under section 45 for the service of documents of that kind if the body corporate or unincorporated association (as the case may be) consents (expressly or impliedly) to service of a document of that kind in that way.[38/2018]
(5) Service of a document on a person under this section takes effect —(a)
if the document is sent by fax and a notification of successful transmission is received, on the day of the transmission;
(b)
if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and
(c)
if the document is sent by prepaid registered post, on the second day after the day the document was posted (even if it is returned undelivered).[38/2018]
(6) However, service of any document under this Act, or any regulations made under this Act, on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior consent (express or implied) to service in that way.[38/2018]
(7) This section does not apply to documents to be served in proceedings in court for an offence or other matter under this Act or any regulations made under this Act.[38/2018]
(8) In this section —“business address” means —(a)
in the case of an individual, the individual’s usual or last known place of business in Singapore; and
(b)
in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;
“chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, or any regulations made under this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents;
“chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, or any regulations made under this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee;
“email address” means the last email address given by the addressee concerned as the email address for the service of documents under this Act, or any regulations made under this Act;
“residential address” means an individual’s usual or last known place of residence in Singapore.[38/2018]
Certain statements to be conclusive
38. Where it is stated by the Authority in a notice under section 5, 8, 9, 10 or 11 that the entry or the work therein described or required to be carried out is, in the opinion of the Authority, necessary or required for the construction, operation, maintenance or improvement of any railway, then such statement is to be accepted by all courts, tribunals and persons as conclusive evidence of the truth of the fact so stated.
Power to require evidence of identity in certain cases
39.—(1) Any police officer or employee of the Authority who reasonably believes that any person has committed an offence under this Act may require the person to furnish evidence of his or her identity and the person must then furnish such evidence of his or her identity as may be required by the police officer or employee of the Authority.
(2) Any person who refuses to furnish any information required of the person by any police officer or any employee of the Authority under subsection (1) or wilfully misstates that information shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.
Powers of arrest
40.—(1) A police officer, or any employee of the Authority generally or specially authorised in writing by the Chief Executive of the Authority, may arrest without warrant any person found committing or whom he or she has reason to believe has committed an offence punishable under this Act.
(2) A person arrested under subsection (1) must not be detained longer than is necessary for bringing the person before a court unless the order of court for the person’s continued detention is obtained.
Authorised employees of licensee, etc., to exercise certain powers of Authority’s employees
41.—(1) The Authority may, with the approval of the Minister, in writing authorise any licensee or employee of a licensee to exercise all or any of the powers of an employee of the Authority under this Act subject to such conditions or limitations as the Authority may specify.[38/2018]
(2) This section does not affect the operation of sections 11 and 11A of the Land Transport Authority of Singapore Act 1995, and the authorisation under those sections of outsourced enforcement officers to exercise all or any of the powers of an employee of the Authority under this Act (but not powers under section 23B).[38/2018]
Protection from personal liability
41A. No liability shall lie against any member, officer or employee of the Authority or any other person acting under the direction of the Authority for anything done or intended to be done with reasonable care and in good faith in the execution or purported execution of this Act.[38/2018]
Jurisdiction of courts
42. Despite the provisions of any written law to the contrary, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and award the full punishment for such offence.
Offences by bodies corporate, etc.
43.—(1) Where an offence under this Act committed by a body corporate is proved —(a)
to have been committed with the consent or connivance of an officer of the body corporate; or
(b)
to be attributable to any neglect on the officer’s part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on the partner’s part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or a member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —“body corporate” includes a limited liability partnership;
“officer” —(a)
in relation to a body corporate — means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership) — means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) The Minister may make regulations to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.[Act 20 of 2024 wef 01/04/2025]
Composition of offences
44.—(1) The Chief Executive, or any officer of the Authority who is authorised by the Chief Executive, may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.[21/2010]
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.[21/2010]
(3) The Authority may, with the approval of the Minister, make regulations prescribing the offences which may be compounded.
(4) All sums collected under this section must be paid into the Consolidated Fund.[25/2020]
Power to amend Schedule
44A. The Minister may, by order in the Gazette, amend the Schedule.[Act 20 of 2024 wef 01/04/2025]
Regulations
45.—(1) The Authority may, with the approval of the Minister, make regulations for or in respect of every purpose which is considered by the Authority necessary or expedient for carrying out the provisions of this Act.
(2) Without limiting subsection (1), the Authority may make regulations for all or any of the following purposes:(a)
controlling and regulating —(i)
the maintenance and operation of any railway;
(ii)
the work and conduct of the employees of the Authority;
(iii)
the conduct of members of the public using a railway or on railway premises;
(iv)
a system for evidencing (whether by the issue of tickets or otherwise) the payment of fares on a railway and any contract of carriage of passengers thereon;
(v)
advertising on railway premises;
(vi)
the custody and disposal of property found on railway premises; and
(vii)
any activity which may damage a railway or railway premises or may endanger the safety of any person travelling on or upon the railway or railway premises;
(b)
providing for the safety of persons using or engaged in work on any railway;
(c)
prescribing the terms and conditions relating to the use of railway premises;
(d)
protecting the property of the Authority on railway premises;
(da)
[Deleted by Act 20 of 2024 wef 01/04/2025]
(e)
reporting to the Authority of accidents on any part of a railway operated by a licensee, and investigating into such accidents;[Act 36 of 2018 wef 01/01/2024]
(f)
prescribing the powers and duties of inspectors appointed for the purposes of Part 4 for the administration and enforcement of that Part; and
(g)
prescribing the fees to be paid in connection with the administration of this Act, and the waiver, reduction or refund of fees charged.[21/2010; 38/2018]
(3) In subsection (2)(a)(iii), (v), (vi) and (vii), (c) and (d), “railway premises” includes a bicycle parking facility or vehicle set down facility adjoining those railway premises.[38/2018]
(4) The Authority may, in making any regulations, provide that any contravention of, or failure or neglect to comply with, any regulations shall be an offence and may prescribe the fine with which such offence shall be punishable but so that no such fine shall exceed for any one offence the sum of $5,000 and, in the case of a continuing offence, a further sum of $100 for every day or part of a day during which the offence continues after conviction.
Exemption
45A. The Authority may, with the approval of the Minister, by order in the Gazette, exempt any person from all or any of the provisions (or any part of any provision) of this Act.[21/2010]
[Act 20 of 2024 wef 01/04/2025]
Transitional provisions
46. Any railway set up under the repealed Act is deemed to constitute or form part of a rapid transit system set up under this Act.[47
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
