Singapore legislation

Clause 4

of Telecommunications Bill

Clause 4

Procedure on application for licence authorising work involving interference with private rights

Where any person (hereinafter called “the petitioner”) requests the Minister to grant him a licence under the provisions of subsection (3) of section 3 of this Act and the granting of such licence would authorise the doing of work involving interference with any private right, no such licence shall be granted until the following procedure has been observed: —

(a)

the petitioner shall prepare a plan of the area or areas over, along or under which the telecommunication line is to be laid and maintained and shall show on such plan the whole premises whether built or not which will be affected by the said undertaking, and the said plan shall be open to public inspection for a period of three weeks after the date of the notification referred to in paragraph (b) of this section shall have first been published;

(b)

the petitioner shall after such plan has been prepared and is ready for inspection publish a notification during the said period twice in the Gazette and twice weekly in at least one English language newspaper and one Malay or Chinese language newspaper and such notification shall be in such form as may be prescribed;

(c)

the petitioner shall serve a notice on every owner of property affected by such plan stating that such plan has been prepared and requiring him to signify his assent or dissent thereto within one month from the date of service;

(d)

any person affected by such plan may within the said period of three weeks or within one month from the date of such service deliver to the petitioner a written objection to any proposal contained therein;

(e)

upon the request of the petitioner or of any person objecting under the provisions of paragraph (d) of this section, the Minister may within fourteen days thereof appoint a tribunal consisting of not more than six persons, three of whom shall form a quorum; the tribunal shall have power to determine its own proceedings and each member thereof shall be furnished by the petitioner with a copy of the plan, the notification and the objection;

(f)

objections shall be considered by the tribunal at a meeting of which the petitioner and the objectors shall be informed by notice in writing delivered by the tribunal to the petitioner and the objectors and service of the notice shall be deemed sufficient if the notice is delivered to the last known address of the petitioner and the objectors or left at the property deemed to be affected by the plan and notification; at such meeting the petitioner and any objector may appear in person or be represented by a duly authorised agent;

(g)

the tribunal shall meet to consider objections not less than one week or more than three weeks after the appointment thereof by the Minister;

(h)

within fourteen days after completing the hearing of the objections, the tribunal shall submit to the Minister its findings in the form of a report together with one copy each of the plan, the notification and a schedule of the objections in a summary form which shall record the opinion of the tribunal as to each objection;

(i)

the Minister may approve the said plan or may reject it, or may approve the said plan with such conditions and modifications as he may think fit; approval or objection of any plan shall be notified in the Gazette and such notification shall be conclusive evidence that the said plan was duly prepared and approved or rejected as the case may be:Provided that where no objection has been lodged within the time specified in paragraph (d) of this section or where an objection has been lodged in respect of certain immovable property and not in respect of other immovable property, the Minister may, upon the expiration of the time so specified, forthwith, subject to the approval of the Land Authority, grant such licence to the petitioner under subsection (3) of section 3 of this Act so far as such licence relates to the immovable property in respect of which no objection has been lodged within the specified time.

Clause 4 — Telecommunications Bill | laws.sg