Rapid Transit Systems (Development and Building Works in Railway Corridor and Railway Protection Zone) Regulations

Rapid Transit Systems Act

(Chapter 263A, Section 42)

Rg 4

G.N. No. S 379/2000

REVISED EDITION 2002

(31st January 2002)

[15th September 2000]

Citation

1. These Regulations may be cited as the Rapid Transit Systems (Development and Building Works in Railway Corridor and Railway Protection Zone) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“amendment plans” means plans showing any deviation from, amendment or addition to, any approved plans relating to any development or building works;

“approved” means approved by the Authority;

“building works” has the same meaning as in the Building Control Act (Cap. 29);

“code of practice” means a code of practice issued by the Authority under regulation 8 and includes any amendment which may be made to the code of practice from time to time by the Authority;

“Commissioner of Building Control” means the Commissioner of Building Control appointed under section 3(1) of the Building Control Act;

“development” has the same meaning as in the Planning Act (Cap. 232);

“development or building works” means any development or building works which are to be carried out within any railway corridor or any railway protection zone;

“plans”, in relation to any development or building works, includes drawings, details, diagrams, calculations, structural details and structural calculations showing or relating to the development or building works;

“provisional permission” has the same meaning as in the Planning Act;

“qualified person” has the same meaning as in the Building Control Act (Cap. 29);

“railway corridor” means that part of the land or area which is within 40 metres from the outermost edge of any part of the railway area;

“railway protection zone” has the same meaning as in the Rapid Transit Systems (Railway Protection, Restricted Activities) Regulations (Rg 3);

“written permission” has the same meaning as in the Planning Act (Cap. 232).

Unauthorised development or building works

3. No person shall carry out or permit or authorise the carrying out of any development or building works unless —

(a)	all the plans relating to the development or building works and any departure or deviation therefrom have been approved by the Authority under regulation 4 or 5, as the case may be; and
(b)	there is in force a permit granted by the Authority under regulation 6 for the carrying out of the development or building works as shown in the approved plans.

Application for approval of plans

4.—(1) Every person for whom any development or building works are to be carried out shall —

(a)	at the time that any plans relating to the development or building works are submitted to the competent authority under the Planning Act; and
(b)	before such plans are submitted to the Commissioner of Building Control under the Building Control Act,

apply to the Authority for its approval of such plans.

(2) An application under paragraph (1) shall be in such form and manner as the Authority may determine and shall be accompanied by the following documents:

(a)

a copy of the plans which shall consist of or contain, where applicable —

(i)	site and location plans showing the location of the site of the development or building works in relation to the railway or railway area;
(ii)	layout plans; and
(iii)	sections and elevations of any building or structure comprised in the development or building works;

(b)

an engineering evaluation report; and

(c)

such other documents, particulars or information as the Authority may require.

(3) Every such application and all the plans, reports and documents accompanying it shall be prepared, signed and submitted by a qualified person.

(4) Upon receipt of the application, the Authority may —

(a)	approve the plans in whole or in part subject to such conditions as it thinks fit to impose; or
(b)	disapprove the plans.

(5) Subject to regulation 5, no person shall carry out or permit or authorise the carrying out of any development or building works except in accordance with the plans approved under this regulation and any condition imposed in connection therewith.

Departure or deviation from approved plans

5.—(1) Where the person for whom any development or building works are to be carried out intends to depart or deviate from the plans approved by the Authority under regulation 4, he shall, before implementing such departure or deviation, apply to the Authority for its approval of the amendment plans.

(2) An application under paragraph (1) shall be in such form and manner as the Authority may determine and shall be accompanied by the following documents:

(a)	a copy of the amendment plans; and
(b)	such other documents, particulars or information as the Authority may require.

(3) Every such application and the amendment plans accompanying it shall be prepared, signed and submitted by a qualified person.

(4) Upon receipt of the application, the Authority may —

(a)	approve the amendment plans subject to such conditions as it thinks fit to impose; or
(b)	disapprove the amendment plans.

(5) No person shall carry out or permit or authorise the carrying out of any development or building works in departure or deviation from the plans approved under regulation 4 except in accordance with the approved amendment plans and any condition imposed in connection therewith.

Application for permit

6.—(1) Every person for whom any development or building works are to be carried out shall, notwithstanding that the plans in relation to those works have been approved by the Authority under regulation 4 or 5, apply to the Authority before the commencement of the works for a permit to carry out those works.

(2) An application under paragraph (1) shall be in such form and manner as the Authority may determine and shall be accompanied by the following documents:

(a)	where the development or building works involve any development of land for which the written permission of the competent authority is required under the Planning Act (Cap. 232), a copy of the written permission or provisional permission, as the case may be, granted by the competent authority;
(b)	where the development or building works involve any development of land authorised under section 21(6) of the Planning Act, a copy of the plans lodged with the competent authority under the Planning (Development of Land Authorisation) Notification (N 1, 2000 Ed.) together with any document issued by the competent authority evidencing receipt of the lodgment; and
(c)	such other documents, particulars and information as the Authority may require.

(3) Every application for a permit shall be prepared, signed and submitted by a qualified person appointed under regulation 9.

(4) Upon receipt of the application, the Authority may grant a permit subject to such conditions as it thinks fit to impose.

(5) The conditions which the Authority may impose under paragraph (4) include any condition which requires the person to whom the permit is issued to allow any employee of the Authority to enter the site of the development or building works at any time for all or any of the following purposes:

(a)	to ensure that the works are being carried out in accordance with these Regulations;
(b)	to ascertain whether there is, or has been, a contravention of these Regulations;
(c)	to inspect the documents, books or records kept by the qualified person supervising the works;
(d)	to take such action and give such directions as the employee of the Authority considers necessary to ensure compliance with or to prevent the contravention of these Regulations.

(6) No person shall carry out or permit or authorise the carrying out of any development or building works except under and in accordance with a valid permit granted by the Authority and any condition imposed in connection therewith.

Validity of approval

7.—(1) Subject to paragraph (2), an approval granted for the plans of any development or building works under regulation 4 or 5 shall cease to be valid if the development or building works are not commenced within 2 years of the date of the grant of the permit for those works by the Commissioner of Building Control under section 7 of the Building Control Act (Cap. 29).

(2) The Authority may, on the application of the person for whom the development or building works are to be carried out, extend the period of validity of any approved plans subject to such conditions and for such further period as it thinks fit.

(3) An application under paragraph (2) shall be made to the Authority not less than 3 months before the expiry of the period of validity of any approved plans.

(4) No person shall carry out or permit or authorise the carrying out of any development or building works upon the expiry of the validity of any approved plans.

Code of practice

8.—(1) The Authority may, from time to time, issue a code of practice setting out such standards, procedures, conditions and other requirements pertaining to the carrying out of the development or building works under these Regulations and amend such code of practice as and when it thinks necessary.

(2) No person shall carry out or permit or authorise the carrying out of any development or building works except in accordance with the code of practice issued under this regulation.

Appointment of qualified person

9.—(1) Every person for whom any development or building works are to be carried out shall appoint a qualified person to supervise the development or building works.

(2) If the qualified person appointed under paragraph (1) becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under these Regulations —

(a)	the qualified person shall, within 14 days before the date on which he intends to cease carrying out his duties, notify the Authority in writing of his intention to do so and submit to the Authority a summary report of the development or building works which have been carried out under his supervision; and
(b)	the person carrying out the development or building works shall not commence, carry out or continue such works until the person for whom the development or building works are being or are to be carried out appoints another qualified person in respect of those works and notifies the Authority in writing of such appointment.

(3) No person shall carry out or permit or authorise the carrying out of any development or building works except under the supervision of a qualified person appointed under paragraph (1).

General duties

10.—(1) Every person for whom any development or building works are carried out, the person who carries out such works and the qualified person supervising the carrying out of such works shall —

(a)

take all reasonable steps and exercise due diligence to ensure that the development or building works are carried out —

(i)	in accordance with these Regulations;
(ii)	in a manner which does not and will not endanger the safety of any person travelling in or upon the railway or railway premises; and
(iii)	in a manner which does not and will not cause any damage to the railway or railway premises;

(b)

submit to the Authority such reports, certificates and other documents relating to the progress of the development or building works as the Authority may require and as may be specified in the code of practice;

(c)

render such assistance and co-operation to the Authority and its employees as may be necessary to ensure compliance with and to prevent the contravention of these Regulations; and

(d)

comply with such directions as the Authority may give to ensure compliance with and to prevent the contravention of these Regulations.

(2) The qualified person shall, in addition to the duties under paragraph (1) —

(a)

give to the Authority not less than 7 days’ prior notice of —

(i)	the commencement of any development or building works; or
(ii)	the resumption of any development or building works which have previously been suspended;

(b)

notify the Authority of any contravention of these Regulations; and

(c)

keep and maintain at the premises on which the development or building works are being carried out such documents, books and records as may be required by the Authority and as may be specified in the code of practice.

(3) No person shall obstruct any employee or officer of the Authority in the exercise of his powers or the performance of his duties under these Regulations.

Enforcement notices

11.—(1) Where, in the opinion of the Authority, any development or building works have been carried out —

(a)	in contravention of these Regulations;
(b)	in a manner which endangers or is likely to endanger the safety of any person travelling in or on the railway or railway premises; or
(c)	in a manner which has caused damage or is likely to cause damage to the railway or railway premises,

the Authority may, by notice in writing, require the person for whom the development or building works are carried out, the person carrying out the development or building works and the qualified person supervising those works to do all or any of the following:

(i)	to cease, either wholly or partly, the carrying out of the development or building works or any other operations in connection therewith within the time specified in the notice;
(ii)	to take such measures as may be necessary to prevent, stop or remedy the contravention of these Regulations or to prevent, stop or remedy any damage to the railway or railway premises.

(2) Where a notice issued under paragraph (1) has not been complied with, the Authority may —

(a)	revoke the permit granted under regulation 6 in respect of the development or building works; and
(b)	take such steps and carry out such works as it considers necessary to prevent, stop or remedy any contravention of these Regulations or to prevent, stop or remedy any damage to the railway or railway premises and recover any reasonable costs incurred by it in connection therewith from the person for whom the development or building works are being carried out.

Exemption

12. The Authority may, in its discretion and subject to such conditions as it may impose, exempt any person or class of persons from all or any of the provisions of these Regulations.

Offences

13. Any person who, without reasonable cause or excuse, contravenes or fails to comply with any of these Regulations or any notice issued by the Authority under these Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.

[G.N. No.S 379/2000]

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