Singapore legislation
Clause 12
Clause 12
Related amendments to Rapid Transit Systems Act
(1)
Section 5 of the Rapid Transit Systems Act (Cap. 263A, 2004 Ed.) is amended —
by deleting the words “the occupier of the land and every person having any estate, right, share or interest in the land” in subsection (2) and substituting the words “every owner and occupier of the land”; and
by deleting subsection (3).
(2)
Section 7 of the Rapid Transit Systems Act is repealed and the following sections substituted therefor:“Owners who suffer substantial impairment in rights in land may require their land to be acquired7.—
The owner of any land temporary possession of which is or has been taken in accordance with section 5 may, by notice in writing given to the Authority, request the Government to acquire under the Land Acquisition Act (Cap. 152) —
the land; and
any other land of the owner related to the land in paragraph (a),if the owner considers that he suffers substantial impairment of his rights in the lands in paragraphs (a) and (b) because of the taking of that temporary possession.(2) If there is more than one owner of the land concerned, the notice under this section must be given by all the owners.(3) Any notice under this section is irrevocable once given to the Authority.(4) For the purposes of this section and section 7A, land (called A land) is related to other land temporary possession of which is or has been taken in accordance with section 5 (in this section and section 7A called temporarily occupied land) if the A land is the remainder of a parcel of land part of which is the temporarily occupied land.(5) In this section and section 7A —Owner-initiated acquisition7A.—
Upon the Authority receiving a notice under section 7(1) in relation to any temporarily occupied land, and any other land related to the temporarily occupied land, the President is to proceed under the Land Acquisition Act to acquire that land as if those lands were the subject of a notice under section 49 of that Act.(2) The provisions of sections 49 and 49A of the Land Acquisition Act apply (so far as relevant) to any land that is the subject of a notice under section 7(1) with the following exceptions, modifications and adaptations:
any reference in those sections to any land that is the subject of a notice under section 49(1) of the Land Acquisition Act shall be read as a reference to the land that is the subject of a notice under section 7(1);
any reference in those sections to land temporary possession of which is or has been taken under section 42 of the Land Acquisition Act shall be read as a reference to any land temporary possession of which is or has been taken in accordance with section 5;
any reference in those sections to an owner of land shall be read as a reference to an owner of land referred to in section 7;
any reference in section 49A of the Land Acquisition Act to a claim period for any land temporary possession of which is or has been taken in accordance with a direction under section 42 of the Land Acquisition Act shall be read as a reference to one year starting from either of the following dates:
the date of the notice under section 5 relating to that land;
the date of the expiry of the term of temporary possession in a notice under section 5 for the temporary occupation of the land, or the date the land is returned to the owner if earlier;
such other exceptions, modifications and adaptations as the differences between them necessarily require.(3) All compensation for the acquisition under the Land Acquisition Act of any land that is the subject of a notice under section 7 is to be paid out of the funds of the Authority.”.
Definition
“owner”, in relation to any land, means —
a person who has the fee simple estate in the land;
a person who is the grantee or lessee under a State title for the land;
a person who has become entitled to exercise a power of sale of the land; or
a person in occupation of the land under a tenancy the term of which exceeds 7 years;
Definition
“parcel of land” means the whole area of land that —
is the subject of a separate certificate of title registered under the Land Titles Act (Cap. 157); or
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.