PART II | PLANNING AND CONSTRUCTION OF RAPID TRANSIT SYSTEMS |
| Preparation and promulgation of plans and maps |
3.—(1) The Authority shall, 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 shall 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. |
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| (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 shall as soon as possible cause to be likewise amended, or replaced with the substitute plan or map, every copy referred to in subsection (2) and certify the amendment or substitution in such manner as the Authority thinks sufficient. |
(4) The Authority shall, within 21 days of the deposit of a copy of a plan or map with the competent authority or of any amendment to such 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). |
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| (5) No person shall have 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 shall for all purposes be 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. |
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| 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. [Act 21 of 2018 wef 14/09/2020] |
| (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. [Act 9 of 2014 wef 25/03/2014] |
| (3) For the avoidance of 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 (Cap. 320A). [Act 9 of 2014 wef 25/03/2014] |
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| Power to enter private land to lay railway |
5.—(1) The Authority or any person authorised by the Authority shall have 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 shall not exercise the right conferred by subsection (1) unless the Authority has given not less than 2 months notice of its intention to exercise the right conferred upon that subsection to every owner and occupier of the land. [Act 12 of 2015 wef 08/05/2015] |
| (3) [Deleted by Act 12 of 2015 wef 08/05/2015] |
(4) A notice referred to in subsection (2) shall —| (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 referred to in paragraph (a); and | | (d) | state that any person entitled to payment of any compensation under the Land Transport Authority of Singapore Act (Cap. 158A) may serve a written claim on the Authority. |
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| (5) The ownership of anything shall not be 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. |
| (5A) Any person authorised under this section to enter upon any land shall, if so required by the owner or occupier, produce evidence of his authority before so entering the land. [Act 9 of 2014 wef 25/03/2014] |
| (5B) 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 authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [Act 9 of 2014 wef 25/03/2014] |
| (6) 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. |
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| 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 shall —| (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. |
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| (3) Any right referred to in a notice of creation of a right under this section shall be limited to a right conferring such rights and powers as are necessary or convenient for the operation of any railway and for all purposes connected with or incidental to such operation. |
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| 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 notice in writing given to the Authority, request the Government to acquire under the Land Acquisition Act (Cap. 152) —| (a) | the land; and | | (b) | any other land of the owner related to the land in paragraph (a), |
| if the owner considers that he suffers substantial impairment of his rights in the lands in paragraphs (a) and (b) because of the taking of that temporary possession. |
| (2) If there is more than one owner of the land concerned, the notice under this section must be given by all the owners. |
| (3) Any notice under this section is irrevocable once given to the Authority. |
| (4) For the purposes of this section and section 7A, land (called A land) is related to other land temporary possession of which is or has been taken in accordance with section 5 (in this section and section 7A called temporarily occupied land) if the A land is the remainder of a parcel of land part of which is the temporarily occupied land. |
(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; |
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“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 (Cap. 157); 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. |
[Act 12 of 2015 wef 08/05/2015] |
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| 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 to acquire that land as if those lands were the subject of a notice under section 49 of that Act.(2) The provisions of sections 49 and 49A of the Land Acquisition Act 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 shall 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 shall 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 shall be read as a reference to an owner of land referred to in section 7; | | (d) | any reference in section 49A of the Land Acquisition Act 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 shall 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) | such other exceptions, modifications and adaptations as the differences between them necessarily require. |
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| (3) All compensation for the acquisition under the Land Acquisition Act of any land that is the subject of a notice under section 7 is to be paid out of the funds of the Authority. [Act 12 of 2015 wef 08/05/2015] |
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8. Where in respect of any land notice has been published in the Gazette in accordance with section 5 of the Land Acquisition Act (Cap. 152) 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 such first-mentioned 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 referred to in section 11. |
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| 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 situate 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 such 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) No person shall, 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 his 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. |
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(3) A notice of entry referred to in subsection (2) shall —| (a) | describe the purpose of the entry and the nature of any work to be carried out; and | | (b) | be 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. |
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| (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 shall be final. |
(6) The Authority, or any person acting under its authority, may —| (a) | as the occasion requires, enter and reinspect and resurvey 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 such powers as often as the occasion may require. |
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| (7) Any person authorised under this section to enter upon any land or building shall, if so required by the owner or occupier, produce evidence of his 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 authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [Act 9 of 2014 wef 25/03/2014] |
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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 such alteration is required for the purposes of the construction, operation, maintenance or improvement of any railway. |
(2) A notice under subsection (1) shall —| (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 shall 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. |
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| 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 him 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 any land or building and shall be deemed to have been received by him 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) shall —| (a) | describe the object or structure to be removed; | | (b) | stipulate the period within which the work of removal shall 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 (Cap. 158A) may serve a written claim upon the Authority. |
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| (4) If the owner of the land or building does not comply with a notice given to him under subsection (1), any person authorised in that behalf by the Authority may enter the land or building, together with such other persons as he thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons. |
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