State Lands Protection Act 2022

Sections (48)

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• § 1 — Short title and commencement

  1. This Act is the State Lands Protection Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette.

• § 10 — Information about unlawful depositing, etc., using vehicle

  10.—(1) Where the driver or a passenger of a motor vehicle is alleged or suspected to be guilty of an offence under section 5(1)(e) —(a) the owner of the motor vehicle must give any information that the owner may be required to give by an authorised officer or enforcement officer as to the identity

• § 11 — Prosecution does not affect and unaffected by other actions

  11. The prosecution of a person for an offence under section 5 does not affect, and is unaffected by, any other proceeding or action taken under any other Part of this Act in relation to the conduct giving rise to the offence.

• § 12 — Encroachment notice

  12.—(1) If an authorised officer has reasonable cause to believe that a person is committing an offence under section 5 on any State land, the authorised officer may give the person an encroachment notice relating to the State land.(2) An encroachment notice relating to any State land may direct the

• § 13 — Authority may carry out encroachment notice

  13.—(1) Subject to section 15, where a person who is required by section 12(5) to comply with an encroachment notice relating to any State land, fails to do so within the compliance period and does not give the Authority an objection to that encroachment notice within the objection period, the Autho

• § 14 — Recovery of expenses for executing encroachment notice

  14.—(1) All expenses reasonably incurred by the Authority in relation to the execution of any thing or work under section 13(1) in respect of State land and section 13(2) (including storing of any removed material) are recoverable from the person in default starting the date on which the thing or wo

• § 15 — Objection procedure

  15.—(1) A person to whom an encroachment notice is given in respect of any State land may, within the objection period for the encroachment notice, give the Authority an objection in writing (called in this Act an objection) objecting to the encroachment notice.(2) An objection must —(a) be signed b

• § 16 — Proceedings upon objection

  16.—(1) On receiving an objection to an encroachment notice relating to State land, an authorised officer may make a complaint to a Magistrate under section 151 of the Criminal Procedure Code 2010.(2) Sections 153, 154 and 156 of the Criminal Procedure Code 2010 apply to proceedings regarding a comp

• § 17 — Forfeiture of abandoned land

  17. Subject to section 18, any land that has been abandoned for 3 years or more by —(a) the person to whom the land was alienated or demised by or on behalf of the State; or (b) any person claiming title through a person in paragraph (a), shall be forfeited to the State even though some person may

• § 18 — Resumption procedure

  18.—(1) A Collector may, with the approval of the Minister, declare in writing that any land that has been abandoned for 3 years or more by —(a) the person to whom the land was alienated or demised by or on behalf of the State; or (b) any person claiming title through a person in paragraph (a), is

• § 19 — Limitation of claim for compensation

  19. If, within a period of 6 years after the date of forfeiture of any land under section 18, any person establishes a claim to the land or to any interest in the land to the satisfaction of the Authority, that person is entitled to receive out of the Consolidated Fund any sum that the Minister may

• § 2 — General interpretation

  2. In this Act, unless the context otherwise requires —“animal” means —(a) any fish, mollusc, crustacea or other form of aquatic life; (b) any reptile; (c) any bird; (d) any livestock or domestic fowl; or (e) any mammal (other than man); “authorised officer”, for any provision of this Act, mean

• § 20 — No adverse possession of State land

  20. No State land shall be acquired by possession or unlawful occupation, and the provisions of the Limitation Act 1959 shall not apply to any action brought by the Government for the recovery of State land.

• § 21 — Purpose for which enforcement powers are exercisable

  21.—(1) Subject to Part 6, an authorised officer and an enforcement officer may exercise the powers set out in this Part for any of the following purposes:(a) to determine compliance with this Act, including ascertaining whether an offence under this Act has been committed, is being committed or is

• § 22 — Power to enter and inspect

  22.—(1) An authorised officer or enforcement officer may, without warrant, enter, at all reasonable times, and remain on State land, or any other land in or from which the officer has reasonable grounds to suspect that an offence under this Act may be committed, and do all or any of the following:(a

• § 23 — Power to obtain documents and information

  23.—(1) Subject to Part 6, an authorised officer or enforcement officer may, in relation to any offence under this Act, by written notice require any person whom the officer has reason to believe to be acquainted with any facts or circumstances relevant to the reasonably suspected commission of the

• § 24 — Power to obtain disclosure of identity

  24.—(1) Subject to Part 6, an authorised officer or enforcement officer who has reasonable grounds to suspect that an individual in, on or near any State land has committed, is committing, or is attempting to commit, an offence under this Act in relation to the State land may —(a) request the indivi

• § 25 — Disposal of seized or removed vehicles, etc.

  25.—(1) Any removed material moved or removed and any other thing seized under this Act —(a) must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the removed material or other thing is produced in any criminal trial; (b) is deemed to be forfeited to the Aut

• § 26 — Obstructing authorised officers, etc.

  26.—(1) A person who —(a) intentionally fails to do anything required of the person under section 22(1) by an authorised officer or enforcement officer; or (b) knowingly obstructs or prevents, or attempts to obstruct or prevent, an authorised officer or enforcement officer in the discharge of the o

• § 27 — Composition of offences

  27.—(1) An authorised officer or enforcement officer specially authorised by the Authority for this purpose may compound any offence under this Act that is prescribed as a compoundable offence, by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the l

• § 28 — Administration of Act

  28.—(1) It is the function of the Authority —(a) to administer this Act; and (b) to administer and manage all State lands, and to undertake the resumption or forfeiture of land, in accordance with this Act as an agent of the Government. (2) No liability shall lie personally against any member, off

• § 29 — Authorised officers

  29.—(1) The Authority may, in relation to any provision of this Act, appoint to be authorised officers for the purposes of that provision, any of the following individuals:(a) the Commissioner of Lands; (b) any employee of the Authority, or any individual performing duties in the Authority, who is

• § 3 — Meaning of “State land”

  3.—(1) Subject to subsections (2), (3) and (4), in this Act, State land means land in Singapore —(a) that is unalienated land; (b) that vests in the Government or becomes State land because of the operation of this Act, or a declaration or other instrument under another Act, and remains unalienated

• § 30 — Enforcement officers

  30.—(1) The Authority may, in relation to any provision of this Act, appoint any of the following individuals to be an enforcement officer to assist the Authority in the administration of this Act in any particular area in Singapore:(a) any public officer, or any employee of a public authority (but

• § 31 — Authorisation for enforcement officers

  31.—(1) The Authority must issue to each enforcement officer a written authorisation specifying such of the powers expressly specified in section 22, 23 or 24 as exercisable by an enforcement officer, as what that enforcement officer may exercise, and no other powers.(2) The authorisation under subs

• § 32 — Interface with other laws

  32.—(1) To avoid doubt, this Act does not affect the operation of —(a) the Active Mobility Act 2017; (b) the Parks and Trees Act 2005; (c) the Sewerage and Drainage Act 1999; and (d) the Street Works Act 1995. (2) This Act does not deprive the Government of any right to proceed under the law, or

• § 33 — Supplementary provisions

  33.—(1) The Authority may, upon an application by a person, grant an extension of time within which the person is required by or under this Act to do or not to do any thing or work (whether for the same or less than the period of extension applied for), upon being satisfied that there are good reaso

• § 34 — Offences by corporations

  34.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent

• § 35 — Offences by unincorporated associations or partnerships

  35.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a) an employee or agent of the unincorporated association or partnership engaged in that con

• § 36 — Jurisdiction of courts

  36. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.

• § 37 — Service of documents

  37.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.(2) A document permitted or required by this Act to be served on an individual may be served —(a) by giving it to the individual personally; (b) by sending it by post to

• § 38 — Regulations

  38.—(1) The Authority may, with the approval of the Minister, make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) Regulations made under this section may —(a) prescribe the offences under this Act that may be compounded; (b) provide that any c

• § 39 — Presentation to Parliament

  39. All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.

• § 4 — Purposes of Act

  4. The purposes of this Act are to ensure that State land is protected from damage and improper use so as —(a) to facilitate the public use and enjoyment of appropriate State land; (b) to facilitate infrastructure and economic development on State land; and (c) to support the management of State l

• § 40 — Amendment of Land Titles Act 1993

  40. Section 29(1) of the Land Titles Act 1993 is amended —(a) by deleting the word “and” at the end of paragraph (c)(ii); (b) by deleting the comma at the end of paragraph (c)(iii) and substituting the word “; and”; and (c) by inserting, immediately after sub‑paragraph (iii) of paragraph (c), the

• § 41 — Amendment of Parks and Trees Act 2005

  41.—(1) Section 4 of the Parks and Trees Act 2005 is amended by deleting the words “and 42” in subsections (6), (7) and (8) and substituting in each case the words “, 42, 42A and 42B”.(2) Section 42 of the Parks and Trees Act 2005 is amended by deleting subsection (3). (3) Part 7 of the Parks and T

• § 41-ps3-qe-pr42B — Immediate removal of dangerous or obstructing vehicles, etc., in national park, nature reserve or public park

  42B.—(1) Where any vehicle, boat, trailer, skip, dumpster or other thing is parked, moored or otherwise left in a national park, nature reserve or public park contrary to this Act and —(a) by the exercise of reasonable diligence, the following cannot be ascertained:(i) the name of any person in sect

• § 41-ps3-qe-pr42C — Immediate demolition, etc., of dangerous structure, etc., in public park

  42C.—(1) Where any sign, shrine, altar, religious object, shelter, structure or building is affixed, set up or erected in a public park contrary to this Act and —(a) by the exercise of reasonable diligence, the following cannot be ascertained:(i) the name of any person in section 42A(2)(a), (b)(ii)

• § 42 — Amendment of Sewerage and Drainage Act 1999

  42. The Sewerage and Drainage Act 1999 is amended —(a) by deleting the definition of “drainage reserve” in section 2 and substituting the following definition:“ “drainage reserve” means —(a) any land set aside for drainage works pursuant to development proposals approved by a competent authority; (

• § 43 — Amendment of Singapore Land Authority Act 2001

  43. The Singapore Land Authority Act 2001 is amended —(a) by deleting the words “State Lands Encroachments Act 1883” in section 6(1)(e)(i) and (ii) and substituting in each case the words “State Lands Protection Act 2022”; (b) by deleting the words “done or intended to be done” in section 12(1) and

• § 44 — Amendment of Street Works Act 1995

  44. Section 32A of the Street Works Act 1995 is amended —(a) by deleting the word “or” at the end of subsection (1)(a); (b) by inserting, immediately after the words “to remain on” in subsection (1)(b), the words “or to protrude over”; (c) by deleting the comma at the end of paragraph (b) of subse

• § 45 — Repeal

  45. The State Lands Encroachments Act 1883 is repealed.

• § 46 — Saving and transitional provisions

  46.—(1) This Act does not affect or apply in relation to —(a) any summons issued under section 2 or 6 of the repealed Act before the date of commencement of section 45; (b) any warrant issued under section 4 of the repealed Act before the date of commencement of section 45; and (c) any written not

• § 5 — Unauthorised activities

  5.—(1) A person commits an offence if the person, without lawful authority, intentionally does any of the following:(a) occupy or live on State land; (b) erect a structure on, under or over State land; (c) clear, dig up or cultivate State land; (d) interfere with any substance on, in or forming p

• § 6 — Penalty for section 5 offence

  6.—(1) Subject to subsection (2), a person who is guilty of an offence under section 5(1) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for e

• § 7 — Defences

  7.—(1) In proceedings against an accused for an offence under section 5, it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know, and could not reasonably have been expected to know, that the land concerned was State land.(2) In addition,

• § 8 — Additional orders upon conviction

  8.—(1) Without limiting section 359 of the Criminal Procedure Code 2010, the court before which any person is convicted or found guilty of an offence under section 5 in relation to any State land may order that person to pay, in addition to any fine imposed for the offence, to the Authority as agent

• § 9 — Interim injunction before conviction

  9.—(1) Where the Commissioner of Lands has reasonable cause to believe —(a) that a person is committing an offence under section 5 on any State land; and (b) that it is necessary or expedient for an interim injunction under this section to be made, the Commissioner of Lands may apply to a court fo