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Local Government Integration (Amendment No. 2) Ordinance

Bill No. 36/1964

Read the first time on 17th November 1964.

An Ordinance to amend the Local Government Integration Ordinance, 1963 (No. 18 of 1963).

Be it enacted by the Yang di-Pertuan Negara with the advice and consent of the Legislative Assembly of Singapore, as follows: —

Short title and commencement

1.—(1) This Ordinance may be cited as the Local Government Integration (Amendment No. 2) Ordinance, 1964, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Ordinance.

Amendment of section 17

2. Subsection (1) of section 17 of the Local Government Integration Ordinance, 1963 (hereinafter in this Ordinance referred to as the “principal Ordinance”) is hereby deleted and the following substituted therefor: —

“Director may recover cost of new street or of widening, opening, etc. of public street

17.—(1) When the Director has made a new street or has widened, opened, enlarged or otherwise improved a public street, he may, as the case may be, recover the cost of acquiring the land for, and of —

(a)	constructing the new street; or
(b)	widening, opening, enlarging or otherwise improving the public street,

from the owners of the premises —

(i)

abutting the new street or public street, as the case may be; and

(ii)

which do not front, adjoin or abut on the new street or public street, as the case may be, but access to which is obtained through the new street or the widened, opened, enlarged or otherwise improved public street by means of another street or backlane, and which, in the opinion of the Director, has benefited by the making of the new street or the widening, opening, enlarging or otherwise improving of the public street.”.

Amendment of section 18

3. Section 18 of the principal Ordinance is hereby amended —

(a)

by deleting the word “and” appearing at the end of paragraph (i) of subsection (2) thereof and by deleting the full-stop appearing after paragraph (j) thereof and substituting therefor the expression “; and”;

(b)

by inserting immediately after paragraph (j) of subsection (2) thereof the following new paragraph: —

“(k)	the provision of street lighting.”;

(c)

by inserting immediately after subsection (6) thereof the following new subsection: —

“(7) The person whose plan has been approved by the Director or the successor in title so far as the street lies in the land acquired by such successor, shall, if he constructs the new street, construct the new street in accordance with the plans approved by the Director within such period as may be specified in such approval:

Provided that the Director may in his discretion renew such approval for such period as he may consider necessary.”;

(d)

by renumbering the existing subsection (7) thereof as subsection (8); and

(e)

by deleting the existing subsection (8) thereof.

New section 18A

4. The principal Ordinance is hereby amended by inserting immediately after section 18 thereof the following new section: —

“Approval of plans to expire

18A. All plans for a new street which were approved under the provisions of section 101 of the Municipal Ordinance (Cap. 133 (1936 edition)) or section 142 of the Local Government Ordinance, 1957 (Ord. 24 of 1957), or under the provisions of section 18 of this Ordinance, shall expire at the end of one year from a date to be appointed by the Minister by notification in the Gazette:

Provided that the Director may grant a renewal of such approval for such period as he may determine, but such renewal shall not in the aggregate exceed twelve months.”.

New sections 19A to 19F

5. The principal Ordinance is hereby amended by inserting immediately after section 19 thereof the following new sections: —

“Payments to be made before erection of new buildings, in respect of street works

19A.—(1) Subject to the provisions of this section where any building which is to be erected —

(a)	will have frontage on a private street in respect of which the Director may be able to exercise his powers under the provisions of section 19 of this Ordinance to require street works to be executed or to execute street works on his own; or
(b)	in any case where a notice in writing is required, under the provisions of section 18 of this Ordinance, for the making of a new street,

no work shall be commenced or done for the purpose of erecting such buildings, unless the person erecting the building has deposited with the Director such sum, if any, as may be required to be deposited in accordance with an order made under the provisions of subsection (2) of section 19C of this Ordinance.

(2) If any work is commenced for the erection of any new building in contravention of the provisions of subsection (1) of this section, the person, who, in the opinion of the Director, is responsible for the commencement of any such work may be served with a notice, in writing, by the Director requiring such person to cease building operations forthwith.

(3) If any work is commenced for the erection of any new building in contravention of the provisions of subsection (1) of this section, the person who, in the opinion of the Director, is responsible for the commencement of such work shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding three thousand dollars or to imprisonment for a term which may extend to twelve months or to both such fine and imprisonment. Such person shall also be liable to a fine not exceeding one hundred dollars for every day during which the contravention is continued after such conviction.

(4) If any such notice served under the provisions of subsection (2) of this section, is not complied with, the person who has been served with such notice shall be liable on conviction to a fine not exceeding three thousand dollars or to imprisonment for a term which may extend to twelve months or to both such fine and imprisonment, and to a further fine not exceeding one hundred dollars for every day during which such notice was not complied with. Such person shall also be liable to a fine not exceeding one hundred dollars for every day during which the contravention of the provisions of subsection (1) of this section is continued after such conviction.

(5) Where any person has been convicted of an offence under the provisions of subsection (3) or (4) of this section and the erection of the building has been completed, the court before which such person is convicted may, in addition to such fine or imprisonment that it may impose under the provisions of subsection (3) or (4) of this section, order him to pay the amount of any deposit that he would have had to deposit under the provisions of subsection (5) of section 19C of this Ordinance. Such amount as may be ordered by the court may be recovered according to the law for the time being in force for the recovery of fines.

(6) No prosecution for an offence, under the provisions of this section, shall be instituted, except by or with the sanction of the Director.

(7) A certificate of the Director stating that he is of the opinion —

(a)	that the person, body of persons, society, firm or company named in such certificate is responsible for the commencement of any work for the erection of any new building; or
(b)	that any new building in respect of which a prosecution, had been instituted in regard to the commencement of any work, for contravening the provisions of subsection (1) of this section, has been completed,

shall be conclusive evidence for the purposes of any prosecution under this section.

Power to exempt

19B. The Minister may by order in writing exempt a particular building or class of buildings from the provisions of section 19A of this Ordinance.

Determination of the amount to be deposited and the date for completion

19C.—(1) Every person shall, before commencing any work for the erection of any new building, submit an application in the prescribed form for the determination of the amount to be deposited, if any, for the execution of street works.

(2) The Director shall —

(a)	on an application having been made under the provisions of subsection (1) of this section; or
(b)	where no such application has been made, after serving a notice on the person who is to be required to make the deposit,

by order in writing determine —

(i)	the amount, if any, that is required to be deposited for the execution of street works; and
(ii)	if such deposit is required, the date on or before which the street works shall be completed.

(3) Where no deposit is required, the Director shall issue a certificate to the person who made the application, under the provisions of subsection (1) of this section, in the prescribed form stating that no deposit is required to be made for the execution of street works before the commencement of building operations.

(4) The Director shall, in making an order under the provisions of subsection (2) of this section, have regard to the amount that could be recovered by the Director if he executed the street works under the provisions of this Ordinance.

(5) The Director shall serve a copy of such order on the person who is required to deposit the amount determined for the execution of street works. Such amount shall be deposited with the Director within fourteen days of the service of such copy of the order. Such deposit shall not be refunded, except in accordance with the provisions of section 19E of this Ordinance.

(6) Any person who is dissatisfied with such order may, within ten days of the service of the copy of the order, appeal to the Minister. The decision of the Minister on such an appeal shall be final and shall not be questioned in any court.

Director may execute and cause to be properly carried out street works

19D.—(1) If street works are not commenced or executed to the satisfaction of the Director, in any case where a deposit has been made, under the provisions of subsection (5) of section 19C of this Ordinance, the Director may, at any time, after the service of a notice, in the prescribed form execute or cause the street works to be properly carried out.

(2) The costs of the execution of the street works or of causing the street works to be properly carried out by the Director shall be recovered from the deposit made under the provisions of subsection (5) of section 19C of this Ordinance.

Refund of deposit when street works have been completed

19E.—(1) Where a deposit has been made under the provisions of subsection (5) of section 19C of this Ordinance and street works have been carried out to the satisfaction of the Director, the Director may, upon an application in the prescribed form, refund to the person who made such deposit the whole or part of such deposit.

(2) The Director may retain the deposit or any part of such deposit, if he is of the opinion that —

(a)	the street works have not been executed properly; or
(b)	the building operations, in regard to the erection of any building which have not been commenced or completed, would require further street works to be executed; or
(c)	it is required for a period of maintenance, which period shall not exceed twelve months.

(3) In this section and in section 19F of this Ordinance

“building operations” means such works as are carried out for the erection of any new building, including works which are preparatory to the erection of such new building.

Refund of deposit when building operations are not commenced

19F.—(1) Any person who has made a deposit, under the provisions of subsection (5) of section 19C of this Ordinance, and who subsequently decides not to proceed with the erection of any building, without having commenced any building operations, may give notice, in the prescribed form to the Director of his intention not to proceed with the erection of such building.

(2) A copy of such notice shall be served upon the Chief Building Surveyor. The Chief Building Surveyor shall, upon receipt of such notice, cancel the approval of the plans and specifications in respect of such proposed building.

(3) The Director shall, on an application in the prescribed form by a person who has given such notice, refund the deposit or part thereof as he may determine.”.

Amendment of section 20

6. Section 20 of the principal Ordinance is hereby amended by deleting subsection (1) thereof and substituting therefor the following: —

“(1) If any street, not being a public street is levelled, channelled, drained, paved, metalled, flagged and provided with lighting to the satisfaction of the Director, he may, whether at the request of owners of premises fronting, adjoining or abutting on such street or otherwise, if he thinks fit, by writing under his hand, declare that at the expiration of one month from the date thereof the said street shall become a public street.”.

Repeal and re-enactment of section 22

7. Section 22 of the principal Ordinance is hereby repealed and the following substituted therefor: —

“Repair of private streets

22.—(1) Where any private street or any part thereof is in a dangerous or defective condition, the Director may, by notice in writing, require —

(a)	the owners of all premises abutting on such street and having access or right of access thereto from such premises; or
(b)	any person, body of persons, society, firm or company, who, in the opinion of the Director, was responsible for causing the street to be in a dangerous or defective condition,

to cause such street to be properly repaired and amended within such time as is stated in such notice and may in such notice specify the date before which such work shall be commenced.

(2) If such owners, person, body of persons, society, firm or company fail or fails to comply with the requirements of such notice, the Director may himself cause the work to be done and the owners, person, body of persons, society, firm or company shall pay to the Government the cost and expense thereof in such proportions as are settled by the Director:

Provided that if such owners, person, body of persons, society, firm or company fail or fails to commence such work before the date specified under the provisions of subsection (1) of this section, the Director may in his discretion, not-withstanding that the period stated in the notice for the completion of the work has not yet expired, himself cause the work to be done and recover the cost and expense thereof in the manner provided in this subsection.

(3) If the owner of any such premises, person, body of persons, society, firm or company is dissatisfied with such apportionment of costs, he may appeal to the Minister whose decision thereon shall be final.

(4) Notwithstanding the provisions of subsections (1) and (2) of this section, the Director may, in his discretion, and so far as the funds at his disposal will admit, execute at the expense of the Government street works on any private street or any part thereof as may be deemed necessary for or conducive to the public safety, health, convenience or comfort:

Provided that the execution of such street works at the expense of the Government shall not affect the liability of such owners, person, body of persons, society, firm or company under the provisions of subsections (1) and (2) of this section.

(5) A certificate of the Director stating that he is of the opinion that such owners, person, body of persons, society, firm or company named in such certificate was responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purpose of any proceedings for the recovery of the cost and expense of repairing such private street.”.

New section 22A

8. The principal Ordinance is hereby amended by inserting immediately after section 22 thereof the following new section: —

“Notice on person causing private street to be in a dangerous or defective condition

22A.—(1) The Director may in any case, where he is of the opinion, that any person is responsible for causing a private street or any part thereof to be in a dangerous or defective condition, by notice require him not to make further use of the private street for the purpose of transporting any matter, material or thing, until such deposit as may be required, under the provisions of subsection (2) of this section, has been made with the Director.

(2) The Director may, by order in writing, require any person who has been served with such notice to deposit with him such sum as may be required for causing such street to be properly repaired and amended.

(3) The Director shall in making an order, under the provisions of subsection (2) of this section, have regard to the cost and expense that would have to be incurred, if he should cause the work to be done.

(4) If any such notice is not complied with, the person who has been served with such notice shall be liable on conviction to a fine not exceeding three thousand dollars or to imprisonment for a term which may extend to twelve months or to both such fine and imprisonment, and to a further fine not exceeding one hundred dollars for every day during which such notice was not complied with. Such person shall also be liable to a fine not exceeding one hundred dollars during which the contravention of the provisions of subsection (1) of this section continued after such conviction.

(5) The certificate of the Director stating that he is of the opinion that such owner, person, body of persons, society, firm or company named in such certificate is responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purposes of any prosecution under this section.”.

Amendment of section 52

9. Subsection (1) of section 52 of the principal Ordinance is hereby deleted and the following substituted therefor: —

“(1) Every person intending to erect any new building shall submit to the Chief Building Surveyor such plans and specifications, if any, of the proposed building prepared in accordance with the building regulations made under this Ordinance. When such plans and specifications are in accordance with such regulations, they shall be approved by the Chief Building Surveyor for the purposes of this Part of this Ordinance, subject to compliance with the provisions of subsection (2) of this section or with any other written law for the time being in force:

Provided that no plans for the erection of a building shall be approved —

(a)	if the building is to be erected on any holding abutting on or having access to any new street or proposed new street, until plans for such new street have been approved by the Director of Public Works under the provisions of section 18 of this Ordinance; and
(b)	before any deposit, required to be made under the provisions of subsection (5) of section 19C of this Ordinance, has been made or a certificate has been issued by the Director of Public Works under the provisions of subsection (3) of section 19C of this Ordinance that a deposit is not required to be made for the execution of street works.”.

Amendment of section 77

10. Section 77 of the principal Ordinance is hereby amended by deleting the word “one” appearing in the last line of subsection (2) thereof and substituting therefor the word “five”.