Singapore legislation

Clause 54

of Land Acquisition Bill

Clause 54

Transitional provisions

(1)

Where a declaration has been made before the coming into operation of this Act under the provisions of subsection (1) of section 5 of the Land Acquisition Ordinance (Cap. 248), but an enquiry under the provisions of section 10 of the said Ordinance has not been held, the declaration shall be deemed to have been made on the date of the coming into operation of this Act.

(2)

Where a person interested has, before the coming into operation of this Act, by written application to the Collector required the matter of the award of the Collector which he has not accepted to be referred to court under the provisions of subsection (1) of section 19 of the Land Acquisition Ordinance and —

(a)

if the Collector has not referred the matter to court —

(i)

the written application shall be deemed to be a written notice of appeal under the provisions of paragraph (a) of subsection (1) of section 23 of this Act;

(ii)

the deposit required under the provisions of paragraph (b) of subsection (1) of section 23 of this Act shall be deposited within twenty-eight days of the date of a written notice by the Collector;

(iii)

the petition of appeal required to be lodged under the provisions of paragraph (c) of subsection (1) of section 23 of this Act shall be lodged within eight weeks of the date of such notice; and

(b)

if the Collector has referred the matter to the court and proceedings have not commenced for the determination of such matter —

(i)

the proceedings shall be deemed to have been withdrawn with the leave of the court; and

(ii)

the proceedings shall be deemed to be transferred to the Board as an appeal under the provisions of section 23 of this Act, but the appellant shall not be required to comply with the provisions of subsection (1) of section 23 of this Act.

(3)

For the purposes of paragraph (b) of subsection (2) of this section, proceedings shall be deemed not to have commenced in any case where the hearing for the determination of such matter has not commenced on the date of the coming into operation of this Act.

(4)

An appeal to the Board by virtue of the provisions of paragraph (a) of subsection (2) of this section shall be deemed to have been withdrawn if —

(a)

the provisions of sub-paragraphs (ii) or (iii) of paragraph (a) of subsection (2) of this section have not been complied with; or

(b)

any security required by an order under the provisions of subsection (3) of section 32 of this Act has not been furnished with the Accountant-General within the time specified by such order.

(5)

(a)

Any person interested who was precluded during the continuance in force of the Land Acquisition (Amendment) Ordinance, 1964 (Ord. 1 of 1964), from requiring the Collector under the provisions of subsection (1) of section 19 of the Land Acquisition Ordinance (Cap. 248) to refer the matter for the determination of the court may appeal to the Board in the manner provided by section 23 of this Act: Provided that for the purposes of this subsection, the period for the written notice of appeal and for the deposit under the provisions of paragraphs (a) and (b) of subsection (1) of section 23 of this Act shall be twenty-eight days from the date of the coming into operation of this Act and the period for lodging the petition of appeal under the provisions of paragraph (c) of subsection (1) of section 23 of this Act shall be eight weeks from the date of the coming into operation of this Act.