Singapore legislation

Section 36

of Street Works Act 1995

Section 36

Provision as to appeal against mandatory order

(1)

Where a person against whom a mandatory order is made is aggrieved by the order —

(a)

the person may, within 14 days from the date of the order and in the prescribed form and manner, appeal to the Minister; and

(b)

no liability to a fine under section 35(2)(a) shall arise and, except as provided for in this section, proceedings must not be taken and work must not be done under the order until after the determination or abandonment of the appeal.

(2)

Where an appeal is brought under this section from a mandatory order, the Minister may dismiss or allow the appeal unconditionally or subject to such conditions as he or she considers fit, and any decision made by the Minister on the appeal is final.

(3)

Where a mandatory order is being appealed against and the Minister is of the opinion that the non‑execution of the order will be injurious or dangerous to the public health and that the immediate execution of the order will not cause any injury to the person against whom the order was made which cannot be compensated by damages, the Minister may authorise the Authority immediately to execute the work.

(4)

The Authority must, if it does the work and the appeal is successful, pay the costs and expenses of the work and the damages (if any) sustained by the appellant by reason of the work, but, if the appeal is dismissed or abandoned, the Authority may recover the costs and expenses of the work from the appellant and, if the appellant is the owner of the premises in respect of which the mandatory order was made, section 43 applies to any sum recoverable from that owner hereunder, and in any other case section 40 applies.