Singapore legislation

Section 40E

of Public Utilities Act 2001

Section 40E

Owners who suffer substantial impairment in rights in premises may require their premises to be acquired

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

(1)

The owner of any premises of which temporary possession is or has been taken in accordance with section 24A or 32 may, by written notice given to the Board, request the Government to acquire under the Land Acquisition Act 1966 —

(a)

the premises; and

(b)

any other premises of the owner related to the premises in paragraph (a),if the owner considers that the owner suffers substantial impairment of the owner’s rights in the premises in paragraphs (a) and (b) because of the taking of that temporary possession.

Amended by12/2015

(2)

If there is more than one owner of the premises concerned, the notice under this section must be given by all the owners.

Amended by12/2015

(3)

Any notice under this section is irrevocable once given to the Board.

Amended by12/2015

(4)

For the purposes of this section and section 40F, premises (called A premises) are related to other premises temporary possession of which is or has been taken in accordance with section 24A or 32 (in this section and section 40F called temporarily occupied premises) if the A premises are the remainder of a parcel of land part of which are the temporarily occupied premises.

Amended by12/2015

(5)

In this section and section 40F —

Amended by12/2015

Definition

“owner”, in relation to any premises, means —

(a)

a person who has the fee simple estate in the premises;

(b)

a person who is the grantee or lessee under a State title for the premises;

(c)

a person who has become entitled to exercise a power of sale of the premises; or

(d)

a person in occupation of the premises under a tenancy the term of which exceeds 7 years;

Definition

“parcel of land” means the whole area of land that —

(a)

is the subject of a separate certificate of title registered under the Land Titles Act 1993; or

(b)

is a lot in a lawful division of land and capable of being separately held by any owner,and where a single building is erected on 2 or more such adjoining lands or lots referred to in paragraph (a) or (b), includes the area comprised in those lands or lots, as the case may be.

Amended by12/2015