Singapore legislation

Section 44

of Land Acquisition Act 1966

Section 44

Time for, and manner of, claiming for compensation

Amended by12/201512/201512/201512/201512/2015

(1)

Every claim for compensation under this Part must be in writing.

Amended by12/2015

(2)

Subject to subsection (4), if a claim for compensation for an item of loss, damage or cost set out in the first column of the Schedule is not served on the Collector before the expiry of the period specified in subsection (3) for that item, the right to claim compensation for that item is barred and any late claim may be disregarded.

Amended by12/2015

(3)

The period within which a claim for compensation for an item of loss, damage or cost set out in the first column of the Schedule must be served upon the Collector is as follows:

(a)

for a claim for loss due to displacement of any person in lawful occupation of the land on the date of a notice under section 42(3) to enter upon and take temporary possession of that land — 2 years starting from the date of the last such notice given to the person for that purpose;

(b)

for a claim for structural damage to any building resulting from the temporary occupation and use of the land under section 42 — 6 years starting from the date that land is returned or the date the applicable period referred to in section 42(7) expires, if earlier;

(c)

for a claim for other damage to any land — 6 years starting from the date that land is returned or the date the applicable period referred to in section 42(7) expires, if earlier;

(d)

for a claim for removal of any object or structure which was erected and maintained without contravention of any written law — one year from the date of removal, or the date of reinstatement or replacement, whichever is applicable.

Amended by12/2015

(4)

The Board may extend any period specified in subsection (3) within which a claim must be served upon the Collector if an application for the extension is made to the Board, either before or after the expiry of that period, and the Board considers —

(a)

that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than this Act) or by any other reasonable cause; or

(b)

that the Collector is not materially prejudiced by the delay.

Amended by12/2015

(5)

An extension may be granted by the Board under subsection (4) with or without conditions, and for such period as the Board thinks fit, but in no case exceeding 6 years from the time when the right to compensation first arose.

Amended by12/2015