Singapore legislation
Section 42
Section 42
Temporary occupation of land for public purpose
(1)
Where it appears to the President that any land that is not State land is required for temporary occupation and use for a public purpose, the President may direct the Collector to procure the temporary occupation and use of that land, for such term or terms as may be determined, ordinarily not exceeding a total of 3 continuous years from the start of the occupation.
(2)
Upon the direction of the President under subsection (1) to procure the temporary occupation and use of any land that is not State land, the Collector or any person authorised by the Collector has the right to enter upon and take temporary possession of that land in accordance with the terms of that direction.
(3)
However, the Collector or a person authorised by the Collector is not to exercise any right conferred by subsection (2) in respect of any land unless the Collector has given at least one month’s notice of the Collector’s intention to exercise that right to the persons interested in the land, and to every occupier of that land.
(4)
A notice referred to in subsection (3) must —
state the estimated period (if any) during which the Collector intends to temporarily occupy or take possession of the land;
give a brief description of the works (if any) which are to be carried out in or on that land;
describe the area or extent of the land needed for the carrying out of the works mentioned in paragraph (b); and
state that any person interested in the land may serve on the Collector a claim of compensation for the items of loss, damage or cost set out in the first column of the Schedule to the extent of the loss, damage or cost suffered or incurred by the person interested.
(5)
To avoid doubt, a notice under subsection (3) is to be given for each term determined under subsection (1) that land is to be entered upon and taken temporary possession of in accordance with a direction under subsection (1).
(6)
The ownership of anything is not altered by reason only that it is placed in, under, over or affixed to any land in exercise of a right conferred upon the Collector by this section.
(7)
Unless section 49A(1) applies, the Collector must return all temporarily occupied land to the persons interested no later than —
on the expiry of the term determined under subsection (1) for the temporary occupation and use of that land; or
if more than one term has been so determined under subsection (1) for the temporary occupation and use of that land, on the expiry of the last term so determined.
(8)
In this section, a reference to entry on land includes —
digging or boring of a tunnel under the land and erecting any building, object or structure over or under the land;
removing any building, or any object or structure or vegetation from the land;
constructing on the land temporary works, such as the provision of means of access; and
underpinning or strengthening a building.