Clause 4

by inserting, immediately after subsection (1), the following subsection:“(1A) However, where only airspace above the surface of any land, or only subterranean space below the surface of any land, is acquired, then despite subsection (1), the Board must take into consideration the following matters, and no others, in determining the compensation to be awarded for the airspace or subterranean space acquired:

the market value of the airspace or subterranean space acquired —

as at the date of the publication of the notification under section 3(1) if the notification is, within 6 months from the date of its publication, followed by a declaration made under section 5 in respect of the same airspace or subterranean space (as the case may be) or part thereof; or

as at the date of the publication of the declaration made under section 5, in any other case;

any increase in the value of any other land (such as contiguous, adjacent or surface land, as the case may be) of the person interested likely to accrue from the use to which the airspace or subterranean space acquired will be put;

the damage, if any, sustained by the person interested at the time of the Collector’s taking of possession of the land by reason of severing that airspace or subterranean space from his other land (such as contiguous, adjacent or surface land, as the case may be);

the damage, if any, sustained by the person interested at the time of the Collector’s taking of possession of the airspace or subterranean space (as the case may be) by reason of the acquisition injuriously affecting his other property, whether movable or immovable, in any other manner;

if, in consequence of the acquisition, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to that change;

if, in consequence of the acquisition, any reissue of title is necessary, the fees or costs relating to survey, issue and registration of title, stamp duty and such other costs or fees which may reasonably be incurred.”;

by inserting, immediately after the words “subsection (1)(c) or (d) or both,” in subsection (2), the words “or subsection (1A)(c) or (d) or both,”; and

by inserting, immediately after the words “subsection (1)(a)” in subsection (5), the words “or (1A)(a)”.