Clause 5

Where it appears to the President that any land that is not State land is required for temporary occupation and use for a public purpose, the President may direct the Collector to procure the temporary occupation and use of that land, for such term or terms as may be determined, ordinarily not exceeding a total of 3 continuous years from the start of the occupation.(2) Upon the direction of the President under subsection (1) to procure the temporary occupation and use of any land that is not State land, the Collector or any person authorised by the Collector shall have the right to enter upon and take temporary possession of that land in accordance with the terms of that direction.(3) However, the Collector or a person authorised by the Collector is not to exercise any right conferred by subsection (2) in respect of any land unless the Collector has given at least one month’s notice of the Collector’s intention to exercise that right to the persons interested in the land, and to every occupier of that land.(4) A notice referred to in subsection (3) must —

state the estimated period, if any, during which the Collector intends to temporarily occupy or take possession of the land;

give a brief description of the works, if any, which are to be carried out in or on that land;

describe the area or extent of the land needed for the carrying out of the works referred to in paragraph (b); and

state that any person interested in the land may serve on the Collector a claim of compensation for the items of loss, damage or cost set out in the first column of the Schedule to the extent of the loss, damage or cost suffered or incurred by the person interested.(5) To avoid doubt, a notice under subsection (3) is to be given for each term determined under subsection (1) that land is to be entered upon and taken temporary possession of in accordance with a direction under subsection (1).(6) The ownership of anything is not altered by reason only that it is placed in, under, over or affixed to any land in exercise of a right conferred upon the Collector by this section.(7) Unless section 49A(1) applies, the Collector must return all temporarily occupied land to the persons interested no later than —

on the expiry of the term determined under subsection (1) for the temporary occupation and use of that land; or

if more than one term has been so determined under subsection (1) for the temporary occupation and use of that land, on the expiry of the last term so determined.(8) In this section, a reference to entry on land includes —

digging or boring of a tunnel under the land and erecting any building, object or structure over or under the land;

removing any building, or any object or structure or vegetation from the land;

constructing on the land temporary works, such as the provision of means of access; and

underpinning or strengthening a building.Compensation for temporary occupation of land43.—

Subject to sections 44 and 44A, every person interested in temporarily occupied land is entitled to claim compensation for the items of loss, damage or cost set out in the first column of the Schedule to the extent of the loss, damage or cost suffered or incurred by the person interested.(2) A claim for compensation for an item of loss, damage or cost set out in the first column of the Schedule is to be assessed by the Collector —

on the basis of the matters specified opposite in the second column of the Schedule; and

by not taking into consideration any of the matters specified in subsection (3).(3) No account shall be taken of the following in the assessment of any claim for compensation by any person interested in temporarily occupied land:

the financial loss resulting from the interruption of or interference with any trade or business carried on any land;

any increase or decrease in the value of the land to which the compensation relates which is attributable to the purpose for which the land is occupied and used;

any building, object or structure within the land which was erected and maintained in contravention of any written law in force on the date of the notice under section 42(3) relating to that land;

any building or part of a building within the land which has been constructed or modified or on which building works have been carried out so as to amount to a contravention of the Building Control Act (Cap. 29) within the meaning of that Act.(4) Upon receiving a claim for compensation from any person interested in temporarily occupied land, the Collector is to inquire into that claim and shall, as soon as is possible —

make an award of compensation for such loss, damage or cost arising from the exercise of the powers under section 42 as is determined in accordance with this section; and

give written notice to the person interested of that award of compensation.(5) To avoid doubt, nothing in this section prevents the Collector from restoring the temporarily occupied land to the reasonable satisfaction of the persons interested in the land before returning the land to the persons interested, in lieu of compensation for any item of loss, damage or cost set out in the first column of the Schedule.Time for, and manner of, claiming for compensation44.—

Every claim for compensation under this Part must be in writing.(2) Subject to subsection (4), if a claim for compensation for an item of loss, damage or cost set out in the first column of the Schedule is not served on the Collector before the expiry of the period specified in subsection (3) for that item, the right to claim compensation for that item is barred and any late claim may be disregarded.(3) The period within which a claim for compensation for an item of loss, damage or cost set out in the first column of the Schedule must be served upon the Collector is as follows:

for a claim for loss due to displacement of any person in lawful occupation of the land on the date of a notice under section 42(3) to enter upon and take temporary possession of that land — 2 years starting from the date of the last such notice given to the person for that purpose;

for a claim for structural damage to any building resulting from the temporary occupation and use of the land under section 42 — 6 years starting from the date that land is returned or the date the applicable period referred to in section 42(7) expires, if earlier;

for a claim for other damage to any land — 6 years starting from the date that land is returned or the date the applicable period referred to in section 42(7) expires, if earlier;

for a claim for removal of any object or structure which was erected and maintained without contravention of any written law — one year from the date of removal, or the date of reinstatement or replacement, whichever is applicable.(4) The Board may extend any period specified in subsection (3) within which a claim must be served upon the Collector if an application for the extension is made to the Board, either before or after the expiry of that period, and the Board considers —

that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than this Act) or by any other reasonable cause; or

that the Collector is not materially prejudiced by the delay.(5) An extension may be granted by the Board under subsection (4) with or without conditions, and for such period as the Board thinks fit, but in no case exceeding 6 years from the time when the right to compensation first arose.Disqualification as to certain compensation44A. If an owner of any temporarily occupied land gives to the Collector any notice under section 49(1) in relation to that land within the claim period as defined in section 49A(9) for temporarily occupied land, the owner is entitled to claim only for loss due to displacement of any person in lawful occupation of the land on the date of the last notice under section 42(3), and no other item in the Schedule.Appeal against award of compensation44B.—

Any person interested who is aggrieved by an award of compensation made under section 43(4)(a) (in this section called the appellant) may appeal to the Board —

by lodging with the Registrar of the Board, within 28 days after receiving the notice of the award referred to in section 43(4)(b), a written notice of appeal in duplicate;

by depositing or authorising the Collector to deposit with the Accountant-General within 28 days after receiving the notice of the award referred to in section 43(4)(b), the lower of the following sums if the requirement for a deposit is not waived by the Collector:

a sum equal to one-third of the amount of the award;

$5,000; and

by lodging with the Registrar of the Board, within 28 days after receiving from the Collector the grounds of the award referred to in subsection (2), a petition of appeal in duplicate containing a statement of the grounds of appeal.(2) After a notice of appeal under subsection (1) is lodged, the following steps must be taken:

first, the Registrar of the Board must forthwith forward a copy of the notice of appeal to the Collector;

secondly, the Collector must lodge with the Registrar of the Board the Collector’s grounds of award;

thirdly, the Registrar of the Board must —

deliver or tender a copy of those grounds of award to the appellant; or

send by registered post a copy of those grounds of award to the appellant.(3) The decision of the Board on appeal is final.(4) In determining the amount of compensation for an item of loss, damage or cost set out in the first column of the Schedule, the Board —

must assess compensation on the basis of the matters specified opposite in the second column of the Schedule; and

must not take into consideration any of the matters specified in section 43(3).(5) Sections 23(3) and (4), 24, 25, 26, 27, 31 and 32 apply (so far as relevant) to an appeal under this section with such prescribed exceptions, modifications and adaptations as the differences between an appeal under this section and an appeal under section 23 require.Bar to other proceedings44C. Except as provided by or under this Part, no action, claim or other proceeding shall lie against the Collector or any person authorised under section 42(3) —

to restrain the doing of anything which is authorised by or under section 42 or to compel the doing of anything which may be omitted to be done under section 42; or

to recover damages, compensation or costs for —

damage or disturbance to or loss of or in the value of any land, chattel, trade or business;

personal disturbance or inconvenience;

extinguishment, modification or restriction of rights; or

effecting or complying with any requirement or condition imposed by the Collector,which is authorised by or under section 42 or arises from any act or omission so authorised.”.