Planning (Declaration by Qualified Person) Rules 2005

No. S 777

Planning Act

(Chapter 232)

Planning (Declaration by Qualified Person) Rules 2005

In exercise of the powers conferred by section 61 of the Planning Act, the Minister for National Development hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Planning (Declaration by Qualified Person) Rules 2005 and shall come into operation on 5th December 2005.

Definitions

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

“land surveyor” means a person registered as a land surveyor under the Land Surveyors Act (Cap. 156) and who has in force a practising certificate issued under that Act;

“landed dwelling-house” means any of the following types of houses used wholly or mainly for the purpose of human habitation and includes a landed dwelling-house comprised in a development that is strata subdivided:

(a)	detached house;
(b)	linked house;
(c)	semi-detached house; or
(d)	terrace house.

Applications to be accompanied by de claration

3.—(1) Subject to paragraph (2), every application for written permission shall be accompanied by a declaration in such form as the competent authority may require, made by a qualified person that to the best of his knowledge and belief —

(a)

the information contained in any form, document, plan or drawing submitted for the application as required by the competent authority under the Planning (Development) Rules (R 3) is true and correct in all material particulars; and

(b)

every such form, document, plan and drawing has been completed and prepared in accordance with —

(i)	the provisions of the Act;
(ii)	rule 3 of the Planning (Development) Rules; and
(iii)	such other requirements as may be specified by the competent authority in respect of the application.

(2) Paragraph (1) shall not apply to any application for written permission which is specified in the Schedule unless the application is made by a qualified person in his professional capacity on behalf of a client.

Duties and liabilities of qualified persons in relation to notifications under section 21 (6) of Act

4.—(1) Where a certificate or declaration by a qualified person on any matter or thing is required or specified as a condition to be lodged with or submitted to the competent authority in any notification made under section 21(6) of the Act, a qualified person shall take all reasonable steps and exercise due diligence in ensuring that the contents of the certificate or declaration are true and correct in all material particulars before issuing the certificate or making the declaration.

(2) Any qualified person who —

(a)	issues a certificate or makes a declaration referred in paragraph (1) which is false or misleading in any material particular; or
(b)	recklessly issues such certificate or makes such declaration which is false or misleading in any material particular,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.

Circumstance where certificate or declaration may not be accepted

5.—(1) Subject to paragraph (4), where a qualified person is convicted of an offence —

(a)	under section 14A(5) or 15(3A) of the Act; or
(b)	under rule 4(2),

the competent authority may, after the expiration of 10 days but not later than 6 months from the date of the conviction, serve a notice on the qualified person informing him that, for such period not exceeding 12 months as may be specified in the notice —

(i)	any declaration made by the qualified person will not be accepted by the competent authority for the purpose of rule 3; and
(ii)	any certificate issued or any declaration made by the qualified person may not be lodged with or submitted to the competent authority as being in satisfaction of any requirement or condition specified in any notification made under section 21(6) of the Act.

(2) A notice served under paragraph (1) shall take effect on such date as may be specified in the notice.

(3) Any certificate issued or any declaration made by a qualified person referred to in paragraph (1) during the period specified in the notice, as the case may be —

(a)	shall not be accepted by the competent authority for the purpose of rule 3; and
(b)	may not be lodged with or submitted to the competent authority as being in satisfaction of any requirement or condition specified in any notification made under section 21(6) of the Act.

(4) Notwithstanding paragraph (1), any notice served under that paragraph shall be deemed to be cancelled if, after the notice is served, the conviction is quashed on appeal or the qualified person receives a free pardon for the offence for which he was convicted.

Appeal to Minister

6.—(1) Any qualified person aggrieved by a notice referred to in rule 5(1) may, within 14 days of the notice, appeal to the Minister in such form and manner as the competent authority may require.

(2) Notwithstanding that an appeal is lodged under paragraph (1), the notice shall take effect and be complied with unless otherwise ordered by the Minister.

(3) The Minister may, after considering the appeal, dismiss or allow the appeal, unconditionally or subject to such conditions as he thinks fit, and the notice shall be confirmed, rescinded or varied in such manner as the Minister may decide.

(4) The decision of the Minister in any appeal under this rule shall be final.

Made this 30th day of November 2005.

TAN TEE HOW

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 265/5-80 V 4; AG/LEG/SL/232/2002/1 Vol. 5]

(To be presented to Parliament under section 61(4) of the Planning Act).

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