Singapore legislation
Clause 6
Clause 6
Related amendment to State Lands Encroachments Act
The State Lands Encroachments Act (Cap. 315) is amended by inserting, immediately after section 7, the following section:“Defence relying on implied easement of support7A.—
In any proceedings against a person for an offence under section 7 for erecting or installing any structure in any subterranean space that is State land, or for maintaining, replacing, renewing or restoring any such structure, it is a defence for the person charged to prove, on a balance of probabilities, that —
the person, or the company or association or body of persons of which the person is a director, manager, partner, secretary or other officer, is entitled to exercise rights under the easement of support implied under section 3C of the State Lands Act (Cap. 314);
the erection or installation of the structure, or the maintenance, replacement, renewal or restoration of the structure, as the case may be, is in accordance with section 3C of the State Lands Act; and
the person, or the company or association or body of persons of which the person is a director, manager, partner, secretary or other officer, is authorised by or under the written law for the time being in force relating to planning and use of land to erect or install the structure, or to maintain, replace, renew or restore the structure, as the case may be.(2) A defence under this section is additional to any other defence available to the defendant apart from this section.”.